[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5808 Reported in House (RH)]







                                                 Union Calendar No. 394
109th CONGRESS
  2d Session
                                H. R. 5808

                          [Report No. 109-662]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2006

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

                           September 15, 2006

 Additional sponsors: Mr. Gerlach, Mr. Kuhl of New York, Mr. Fortuno, 
 Mr. LaTourette, Mr. Ehlers, Mr. LoBiondo, Mr. Porter, Mr. Hayes, Mr. 
 Bachus, Mr. Kennedy of Minnesota, Mr. Mack, Mr. Ney, Mr. Shuster, Mr. 
       Boustany, Mr. Mario Diaz-Balart of Florida, and Mr. Baker

                           September 15, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               17, 2006]

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of Transportation to make 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 Security 
Assistance Act of 2006''.

                TITLE I--PUBLIC TRANSPORTATION SECURITY

SEC. 101. FINDINGS; PURPOSE.

    (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) 5,800 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 
        $84,500,000,000 since 1992 for construction and improvements to 
        the Nation's public transportation systems;
            (6) the Federal Government appropriately invested 
        $19,600,000,000 in fiscal years 2002 through 2006 to protect 
        the Nation's aviation system and its 2,000,000 daily 
        passengers;
            (7) the Federal Government invested $380,000,000 in fiscal 
        years 2003 through 2006 for grants to protect public 
        transportation systems in the United States;
            (8) the Federal Government has invested $9.00 in aviation 
        security improvements per passenger, but only $0.01 in public 
        transportation security improvements per passenger;
            (9) the Government Accountability 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 Federal 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 title is to provide 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).

SEC. 102. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Public transportation.--The term ``public 
        transportation'' has the meaning given the term in section 
        5302(a) of title 49, United States Code.
            (2) Public transportation security assessment.--The term 
        ``public transportation security assessment'' means a risk 
        assessment (including a criticality or vulnerability 
        assessment) of a public transportation system conducted 
        pursuant to the annex executed under section 3028(b) of the 
        Safe, Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users (49 U.S.C. 5321 note; 119 Stat. 1624).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation, except as otherwise specifically provided.

SEC. 103. COMPONENTS OF SECURITY ASSESSMENTS AND PRIORITIZED PLANS.

    (a) Security Assessments.--The Secretary shall request that the 
Secretary of Homeland Security take necessary actions to ensure that 
the public transportation security assessment of each public 
transportation system identifies--
            (1) the critical assets of the public transportation 
        system;
            (2) threats to those assets;
            (3) security weaknesses in the public transportation system 
        and its assets;
            (4) redundant and backup systems required to ensure the 
        continued operation of critical elements of the public 
        transportation system in the event of an attack or other 
        incident; and
            (5) the extent to which public transportation employees, 
        including bus and rail operators, mechanics, customer service 
        personnel, maintenance employees, transit police, and security 
        personnel, have received training in security awareness and 
        public transportation system emergency response procedures.
    (b) Prioritized Plans.--A public transportation agency that has 
received an assessment described in subsection (a) shall develop, in 
consultation with the Secretary of Homeland Security, a prioritized 
plan of needed capital and operational security improvements based on 
the results of the assessment.

SEC. 104. SECURITY ASSISTANCE GRANTS.

    (a) Capital Security Assistance Program.--
            (1) In general.--The Secretary shall make grants directly 
        to eligible public transportation agencies for capital security 
        improvements described in paragraph (2).
            (2) Allowable use of funds.--Grant funds received under 
        paragraph (1) shall 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) inspection technology;
                    (G) communications equipment, including mobile 
                service equipment to provide access to 911 emergency 
                services in an underground fixed guideway system;
                    (H) emergency response equipment;
                    (I) fire suppression and decontamination equipment;
                    (J) global positioning or automated vehicle locator 
                type system equipment;
                    (K) evacuation improvements;
                    (L) security training for transit employees, 
                including bus and rail operators, mechanics, customer 
                service employees, maintenance employees, transit 
                police, and security personnel;
                    (M) live or simulated drills; and
                    (N) other capital security improvements.
            (3) 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 shall make grants directly 
        to eligible public transportation agencies for operational 
        security improvements described in paragraph (2).
            (2) Allowable use of funds.--Grant funds received under 
        paragraph (1) shall be used for--
                    (A) public awareness campaigns for enhanced public 
                transportation security;
                    (B) canine patrols for chemical, biological, or 
                explosives detection;
                    (C) overtime reimbursement for enhanced security 
                personnel during significant national and international 
                public events, consistent with the priorities 
                established under subsection (e); and
                    (D) other appropriate security improvements 
                identified under subsection (e), including hiring 
                additional security personnel determined necessary 
                under subsection (e), but excluding routine, ongoing 
                personnel costs.
            (3) 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) Eligibility.--A public transportation agency shall be eligible 
for a grant under this section if the agency has received or is 
undergoing a public transportation security assessment.
    (d) Allocations.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Homeland Security, shall allocate grant funds 
        under this section based on the results of public 
        transportation security assessments described in section 103(a) 
        and in a manner that prioritizes the award of grant funds each 
        fiscal year based on risk, consequences, vulnerability, and 
        threat.
            (2) 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 may 
        adjust grant allocations under this subsection if the Secretary 
        determines that the adjustment is necessary to respond to an 
        urgent threat or other significant factors.
    (e) Security Improvement Priorities.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Homeland Security, shall establish security 
        improvement priorities for each public transportation agency 
        receiving a public transportation security assessment.
            (2) Consultation; prioritized plan.--The Secretary shall 
        establish priorities under paragraph (1)--
                    (A) in consultation with the management and 
                employee representatives of the public transportation 
                agency; and
                    (B) in a manner that is consistent with the 
                system's prioritized plan of needed capital and 
                operational security improvements described in section 
                103(b).
            (3) Applicability.--Priorities established under paragraph 
        (1) shall apply to funds provided to a public transportation 
        agency under this section.
    (f) 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.
    (g) Grant Requirements.--Except as otherwise specifically provided 
in this title, a grant provided under this section shall be subject to 
the terms and conditions applicable to grants made under section 5307 
of title 49, United States Code, and to such other terms and conditions 
as are determined by the Secretary.

SEC. 105. INTELLIGENCE SHARING.

    (a) Intelligence Sharing.--The Secretary shall request that the 
Secretary of Homeland Security provide 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 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--
                    (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, 2007, the Secretary, 
in consultation with the Secretary of Homeland Security, 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.--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. PUBLIC TRANSPORTATION EMPLOYEE SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Homeland Security, appropriate law enforcement, security, and terrorism 
experts, representatives of public transportation agencies, and 
representatives of public transportation employees, shall develop and 
issue guidelines for a public transportation employee security training 
program to prepare public transportation employees for potential threat 
conditions.
    (b) Public Transportation Agency Programs.--
            (1) In general.--Not later than 90 days after the date on 
        which Secretary issues guidance under subsection (a) in final 
        form, each public transportation agency that has received or is 
        undergoing a public transportation security assessment shall 
        develop an employee training program in accordance with such 
        guidance.
            (2) Review and approval.--Each public transportation agency 
        referred to in paragraph (1) shall submit its employee training 
        program to the Secretary for review and approval or amendment.
            (3) Implementation.--Not later than one year after the date 
        on which the Secretary approves an employee training program of 
        a public transportation agency under paragraph (2), the agency 
        shall complete employee training in accordance with such 
        program with respect to the employees of the agency identified 
        in the agency's public transportation security assessment. 
        Other public transportation agency employees may also be 
        trained under the agency's employee training program.
    (c) Reporting.--As part of the Secretary's report to Congress under 
section 106, the Secretary shall include an analysis of the extent to 
which public transportation agencies are successfully carrying out the 
employee training programs described in this section.

SEC. 108. 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 2007;
            (2) $825,000,000 for fiscal year 2008; and
            (3) $880,000,000 for fiscal year 2009.
    (b) Operational Security Assistance Program.--There is authorized 
to be appropriated to carry out section 104(b)--
            (1) $400,000,000 for fiscal year 2007;
            (2) $300,000,000 for fiscal year 2008; and
            (3) $200,000,000 for fiscal year 2009.
    (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 2007 through 2009.
    (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) Federal Share.--The Federal share of the cost for which any 
grant is made under this section shall be 80 percent.
    (c) Grant Requirements.--A grant under this section 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).
    (d) Report on Industry Priorities.--
            (1) Study.--The Administrator of the Federal Motor Carrier 
        Safety Administration shall conduct a study of--
                    (A) the critical assets and systems of the 
                nationwide over-the-road bus industry;
                    (B) security threats to the assets and systems;
                    (C) security weaknesses in the assets and systems; 
                and
                    (D) redundant and backup systems required to ensure 
                the continued operation of critical elements of the 
                assets and systems in the event of an attack or other 
                incident.
            (2) Consultation.--In conducting the study, the 
        Administrator shall consult with representatives of private 
        over-the-road bus operators and the employees of such 
        operators.
            (3) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall submit to the 
        Secretary of Transportation and the Secretary of Homeland 
        Security a report, based on the results of the study, detailing 
        the critical assets, threats, and weaknesses in the over-the-
        road bus industry. The Administrator shall update the report on 
        an annual basis.
    (e) Allocation of Grants.--The Secretary of Transportation, in 
consultation with the Secretary of Homeland Security, shall establish 
priorities for the allocation of grants under this section based on the 
report required by subsection (d)(3) and shall make grants under this 
section in accordance with those priorities.

SEC. 202. PLAN REQUIREMENT.

    (a) In General.--The Secretary of Transportation may not make a 
grant under section 201 to a private operator of over-the-road buses 
until the operator has first submitted to the Secretary an application 
containing--
            (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 
submitted 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 2007 through 2009. Such sums shall remain available until 
expended.
                                                 Union Calendar No. 394

109th CONGRESS

  2d Session

                               H. R. 5808

                          [Report No. 109-662]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 15, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed