[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5082 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 5082

To authorize the Secretary of Transportation to award grants to public 
  transportation agencies and over-the-road bus operators to improve 
                   security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2004

    Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. Petri, Mr. 
Lipinski, Mr. Shuster, and Mr. Menendez) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Transportation to award grants to public 
  transportation agencies and over-the-road bus operators to improve 
                   security, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Transportation Terrorism 
Prevention and Response Act of 2004''.

                TITLE I--PUBLIC TRANSPORTATION SECURITY

SEC. 101. FINDINGS; PURPOSE; PUBLIC TRANSPORTATION DEFINED.

    (a) Findings.--Congress finds that--
            (1) throughout the world, public transportation systems 
        have been a primary target of terrorist attacks, causing 
        countless deaths and injuries;
            (2) 6,000 public transportation agencies operate in the 
        United States;
            (3) 14,000,000 people in the United States ride public 
        transportation each work day;
            (4) safe and secure public transportation systems are 
        essential to the Nation's economy and for significant national 
        and international public events;
            (5) the Federal Transit Administration has invested 
        $68,700,000,000 since 1992 for construction and improvements to 
        the Nation's public transportation systems;
            (6) the Federal Government appropriately invested 
        $11,000,000,000 in fiscal years 2002 and 2003 to protect our 
        Nation's aviation system and its 1,800,000 daily passengers;
            (7) the Federal Government invested $115,000,000 in fiscal 
        years 2003 and 2004 to protect public transportation systems in 
        the United States;
            (8) the Federal Government has invested $9.16 in aviation 
        security improvements per passenger, but only $0.006 in public 
        transportation security improvements per passenger;
            (9) the General Accounting Office, the Mineta International 
        Institute for Surface Transportation Policy Studies, the 
        American Public Transportation Association, and other experts 
        have reported an urgent need for significant investment in 
        transit security improvements;
            (10) Federal financial assistance for transit security 
        improvements should be separate from and supplementary to 
        funding for longstanding Federal programs for investment in 
        public transportation infrastructure;
            (11) the Final Report of the National Commission on 
        Terrorist Attacks Upon the United States (also known as the 
        ``9/11 Commission'') found that the Government should--
                    (A) identify and evaluate the transportation assets 
                that need to be protected, set risk-based priorities 
                for defending them, and select the most practical and 
                cost-effective ways of doing so;
                    (B) develop a plan, a budget, and funding to 
                implement the effort; and
                    (C) assign roles and missions to the relevant 
                authorities (Federal, State, regional, and local) and 
                to private stakeholders;
            (12) the Final Report of the 9/11 Commission also found 
        that homeland security assistance should be based strictly on 
        an assessment of risks and vulnerabilities; and
            (13) the Federal Government has a duty to deter and 
        mitigate, to the greatest extent practicable, threats against 
        the Nation's public transportation systems.
    (b) Purpose.--The purpose of this Act is to award grants to public 
transportation agencies and over-the-road bus operators to improve 
security in a manner consistent with the recommendations of the 9/11 
Commission described in subsections (a)(11) and (a)(12).
    (c) Public Transportation Defined.--In this title, the term 
``public transportation'' has the meaning given such term in section 
5302(a) of title 49, United States Code.

SEC. 102. MEMORANDUM OF UNDERSTANDING.

    (a) In General.--Not later than 45 days after the date of enactment 
of this Act, the Secretary of Transportation shall enter into a 
memorandum of understanding with the Secretary of Homeland Security to 
define and clarify the respective public transportation security roles 
and responsibilities of the Department of Transportation and the 
Department of Homeland Security.
    (b) Contents.--The memorandum of understanding described in 
subsection (a) shall--
            (1) establish a process to develop security standards for 
        public transportation agencies;
            (2) establish funding priorities for grants for security 
        improvements from the Department of Transportation to public 
        transportation agencies;
            (3) create a method of direct coordination with public 
        transportation agencies on security matters;
            (4) address any other issues determined to be appropriate 
        by the Secretary of Transportation and the Secretary of 
        Homeland Security; and
            (5) include a formal and permanent mechanism to ensure 
        coordination and involvement by the Department of 
        Transportation, as appropriate, in public transportation 
        security.

SEC. 103. SECURITY ASSESSMENTS.

    (a) Public Transportation Security Assessments.--
            (1) Submission.--The Federal Transit Administration of the 
        Department of Transportation shall submit all public 
        transportation security assessments conducted by the Federal 
        Transit Administration and all other relevant information to 
        the Department of Homeland Security.
            (2) Review.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary of 
                Transportation and the Secretary of Homeland Security 
                shall review and modify, as appropriate, the security 
                assessments received under paragraph (1).
                    (B) Components.--In conducting the reviews, the 
                Secretaries shall ensure that the assessment of each 
                public transportation system identifies--
                            (i) the critical assets of the system;
                            (ii) threats to those assets;
                            (iii) security weaknesses in the system and 
                        its assets; and
                            (iv) redundant and backup systems required 
                        to ensure the continued operation of critical 
                        elements of the system in the event of an 
                        attack or other incident.
            (3) Allocations.--
                    (A) In general.--The Secretary of Transportation 
                shall allocate grants under paragraph (5) among public 
                transportation agencies receiving an assessment 
                referred to in paragraph (1) based on the results of 
                the assessment, as modified under paragraph (2).
                    (B) Response to urgent threats.--After providing 
                written notice to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate, the Secretary of Transportation may adjust 
                grant allocations under this paragraph if the Secretary 
                determines that the adjustment is necessary to respond 
                to an urgent threat or other significant factors.
            (4) Security improvement priorities.--The Secretary of 
        Transportation shall establish security improvement priorities, 
        in consultation with the management and employee 
        representatives of each public transportation system receiving 
        an assessment. Such priorities shall apply to funds provided to 
        a public transportation agency under section 104.
            (5) Updates.--The Secretary of Transportation and the 
        Secretary of Homeland Security shall update the assessments 
        referred to in this subsection at least once every 3 years and 
        may conduct additional assessments of public transportation 
        agencies considered to be at greatest risk of a terrorist 
        attack.
    (b) Use of Assessment Information.--The Secretary of Transportation 
shall use the information collected under subsection (a)--
            (1) to establish the process for developing security 
        guidelines for public transportation security;
            (2) to design a security improvement strategy that 
        minimizes terrorist threats to public transportation systems; 
        and
            (3) to design a security improvement strategy that 
        maximizes the efforts of public transportation systems to 
        mitigate damage from terrorist attacks.

SEC. 104. SECURITY ASSISTANCE GRANTS.

    (a) Capital Security Assistance Program.--
            (1) In general.--The Secretary of Transportation shall 
        award grants directly to public transportation agencies for 
        allowable capital security improvements.
            (2) Priorities.--A public transportation agency receiving a 
        grant under this subsection shall use the grant to fund 
        projects based on the priorities established under section 
        103(a)(4).
            (3) Allowable use of funds.--Grants awarded under paragraph 
        (1) may be used for--
                    (A) tunnel protection systems;
                    (B) perimeter protection systems;
                    (C) redundant critical operations control systems;
                    (D) chemical, biological, radiological, or 
                explosive detection systems;
                    (E) surveillance equipment;
                    (F) communications equipment;
                    (G) emergency response equipment;
                    (H) fire suppression and decontamination equipment;
                    (I) global positioning or automated vehicle locator 
                type system equipment;
                    (J) evacuation improvements; and
                    (K) other capital security improvements.
            (4) Government's share.--A grant for a capital security 
        improvement project under this subsection shall be for 80 
        percent of the net project cost of the project. The recipient 
        may provide additional local matching amounts.
    (b) Operational Security Assistance Program.--
            (1) In general.--The Secretary of Transportation shall 
        award grants directly to public transportation agencies for 
        allowable operational security improvements.
            (2) Priorities.--A public transportation agency receiving a 
        grant under this subsection shall use the grant to fund 
        projects based on the priorities established under section 
        103(a)(4).
            (3) Allowable use of funds.--Grants awarded under paragraph 
        (1) may be used for--
                    (A) security training for transit employees, 
                including bus and rail operators, mechanics, customer 
                service, maintenance employees, transit police, and 
                security personnel;
                    (B) live or simulated drills;
                    (C) public awareness campaigns for enhanced public 
                transportation security;
                    (D) canine patrols for chemical, biological, or 
                explosives detection;
                    (E) overtime reimbursement for enhanced security 
                personnel during significant national and international 
                public events, consistent with the priorities 
                established under section 103(a)(4); and
                    (F) other appropriate security improvements 
                identified under section 103(a)(4), excluding routine, 
                ongoing personnel costs.
            (4) Government's share.--A grant for an operating security 
        improvement project under this subsection may not exceed 50 
        percent of the net project cost of the project.
    (c) Transit Agency Responsibilities.--Each public transportation 
agency that receives a grant under this section shall--
            (1) identify a security coordinator to coordinate security 
        improvements;
            (2) develop a comprehensive plan that demonstrates the 
        agency's capacity for operating and maintaining the equipment 
        purchased under this section; and
            (3) report annually to the Department of Transportation on 
        the use of grant funds received under this section.

SEC. 105. INTELLIGENCE SHARING.

    (a) Intelligence Sharing.--The Secretary of Homeland Security shall 
ensure that the Department of Transportation receives appropriate and 
timely notification of all credible terrorist threats against public 
transportation assets in the United States.
    (b) Information Sharing Analysis Center.--
            (1) Establishment.--The Secretary of Transportation shall 
        fund the reasonable costs of the Information Sharing and 
        Analysis Center for Public Transportation (referred to in this 
        subsection as the ``ISAC'') established pursuant to 
        Presidential Directive 63 to protect critical infrastructure.
            (2) Public transportation agency participation.--The 
        Secretary of Transportation--
                    (A) shall require those public transportation 
                agencies that the Secretary determines to be at 
                significant risk of terrorist attack to participate in 
                the ISAC;
                    (B) shall encourage all other public transportation 
                agencies to participate in the ISAC; and
                    (C) shall not charge any public transportation 
                agency a fee for participation in the ISAC.

SEC. 106. REPORTING REQUIREMENT.

    (a) In General.--Not later than September 30, 2006, the Secretary 
of Transportation shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate a report that 
describes the implementation of sections 103 through 105. The Secretary 
may submit the report in classified and unclassified forms.
    (b) Contents.--Based on security assessments and updates conducted 
under section 103, the report shall include--
            (1) a description of the state of public transportation 
        security in the United States; and
            (2) a description of actions taken by Federal, State, 
        regional, and local governments and private stakeholders to 
        address threats to, and security weaknesses in, the public 
        transportation system and its assets.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    (a) Capital Security Assistance Program.--There is authorized to be 
appropriated to carry out section 104(a)--
            (1) $775,000,000 for fiscal year 2005;
            (2) $825,000,000 for fiscal year 2006; and
            (3) $880,000,000 for fiscal year 2007.
    (b) Operational Security Assistance Program.--There is authorized 
to be appropriated to carry out section 104(b)--
            (1) $500,000,000 for fiscal year 2005;
            (2) $300,000,000 for fiscal year 2006; and
            (3) $100,000,000 for fiscal year 2007.
    (c) Information Sharing and Analysis Center.--There is authorized 
to be appropriated to carry out section 105(b) $1,000,000 for each of 
fiscal years 2005 through 2007.
    (d) Period of Availability.--Sums appropriated pursuant to this 
section shall remain available until expended.

            TITLE II--OVER-THE-ROAD BUS SECURITY ASSISTANCE

SEC. 201. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.

    (a) In General.--The Secretary of Transportation, acting through 
the Administrator of the Federal Motor Carrier Safety Administration, 
shall establish a program for making grants to private operators of 
over-the-road buses for system-wide security improvements to their 
operations, including--
            (1) constructing and modifying terminals, garages, 
        facilities, or over-the-road buses to assure their security;
            (2) protecting or isolating the driver;
            (3) acquiring, upgrading, installing, or operating 
        equipment, software, or accessorial services for collection, 
        storage, or exchange of passenger and driver information 
        through ticketing systems or otherwise, and information links 
        with government agencies;
            (4) training employees in recognizing and responding to 
        security threats, evacuation procedures, passenger screening 
        procedures, and baggage inspection;
            (5) hiring and training security officers;
            (6) installing cameras and video surveillance equipment on 
        over-the-road buses and at terminals, garages, and over-the-
        road bus facilities;
            (7) creating a program for employee identification or 
        background investigation;
            (8) establishing an emergency communications system linked 
        to law enforcement and emergency personnel; and
            (9) implementing and operating passenger screening programs 
        at terminals and on over-the-road buses.
    (b) Reimbursement.--
            (1) In general.--A grant under this title may be used to 
        provide reimbursement to private operators of over-the-road 
        buses for extraordinary security-related costs for improvements 
        described in paragraphs (1) through (9) of subsection (a), 
        determined by the Secretary to have been incurred by such 
        operators since September 11, 2001.
            (2) Limitation.--Not more than 20 percent of the amounts 
        appropriated for a fiscal year to carry out this title may be 
        used to provide reimbursements under this subsection.
    (c) Federal Share.--The Federal share of the cost for which any 
grant is made under this title shall be 80 percent.
    (d) Due Consideration.--In making grants under this title, the 
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation 
security from those in effect before September 11, 2001.
    (e) Grant Requirements.--A grant under this title shall be subject 
to all the terms and conditions that a grant is subject to under 
section 3038(f) of the Transportation Equity Act for the 21st Century 
(49 U.S.C. 5310 note; 112 Stat. 393).

SEC. 202. PLAN REQUIREMENT.

    (a) In General.--The Secretary may not make a grant under this 
title to a private operator of over-the-road buses until the operator 
has first submitted to the Secretary--
            (1) a plan for making security improvements described in 
        section 201 and the Secretary has approved the plan; and
            (2) such additional information as the Secretary may 
        require to ensure accountability for the obligation and 
        expenditure of amounts made available to the operator under the 
        grant.
    (b) Coordination.--To the extent that an application for a grant 
under this section proposes security improvements within a specific 
terminal owned and operated by an entity other than the applicant, the 
applicant shall demonstrate to the satisfaction of the Secretary that 
the applicant has coordinated the security improvements for the 
terminal with that entity.
    (c) Consultation With DHS.--In approving plans under subsection 
(a)(1), the Secretary may consult with the Secretary of Homeland 
Security.

SEC. 203. OVER-THE-ROAD BUS DEFINED.

    In this title, the term ``over-the-road bus'' means a bus 
characterized by an elevated passenger deck located over a baggage 
compartment.

SEC. 204. BUS SECURITY ASSESSMENT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall transmit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a preliminary report in accordance with 
the requirements of this section.
    (b) Contents of Preliminary Report.--The preliminary report shall 
include--
            (1) an assessment of the over-the-road bus security grant 
        program;
            (2) an assessment of actions already taken to address 
        identified security issues by both public and private entities 
        and recommendations on whether additional safety and security 
        enforcement actions are needed;
            (3) an assessment of whether additional legislation is 
        needed to provide for the security of Americans traveling on 
        over-the-road buses;
            (4) an assessment of the economic impact that security 
        upgrades of buses and bus facilities may have on the over-the-
        road bus transportation industry and its employees;
            (5) an assessment of ongoing research and the need for 
        additional research on over-the-road bus security, including 
        engine shut-off mechanisms, chemical and biological weapon 
        detection technology, and the feasibility of 
        compartmentalization of the driver; and
            (6) an assessment of industry best practices to enhance 
        security.
    (c) Consultation With Industry, Labor, and Other Groups.--In 
carrying out this section, the Secretary shall consult with over-the-
road bus management and labor representatives, public safety and law 
enforcement officials, and the National Academy of Sciences.

SEC. 205. FUNDING.

    There is authorized to be appropriated to the Secretary of 
Transportation to carry out this title $50,000,000 for each of fiscal 
years 2005 through 2007. Such sums shall remain available until 
expended.
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