1.Short title; table of
contents
(a)This Act may be cited
as the Public Transportation Terrorism
Prevention Act of 2005
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title; table of
contents.
Sec. 2. Findings and purpose.
Sec. 3. Security assessments.
Sec. 4. Security assistance grants.
Sec. 5. Intelligence sharing.
Sec. 6. Research, development, and demonstration
grants.
Sec. 7. Reporting requirements.
Sec. 8. Authorization of appropriations.
Sec. 9. Sunset provision.
2.
(a)Congress
finds that—
(1)public
transportation systems throughout the world have been a primary target of
terrorist attacks, causing countless death 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 for the Nation’s economy and for
significant national and international public events;
(5)the Federal
Transit Administration has invested $74,900,000,000 since 1992 for construction
and improvements to the Nation’s public transportation systems;
(6)the Federal
Government appropriately invested $18,100,000,000 in fiscal years 2002 through
2005 to protect our Nation’s aviation system and its 1,800,000 daily
passengers;
(7)the Federal
Government has allocated $250,000,000 in fiscal years 2003 through 2005 to
protect public transportation systems in the United States;
(8)the Federal
Government has invested $7.38 in aviation security improvements per passenger,
but only $0.007 in public transportation security improvements per
passenger;
(9)the Government
Accountability Office, the Mineta Institute for Surface Transportation Policy
Studies, the American Public Transportation Association, and many
transportation experts have reported an urgent need for significant investment
in public transportation security improvements; and
(10)the Federal
Government has a duty to deter and mitigate, to the greatest extent
practicable, threats against the Nation’s public transportation systems.
3.
(a)Public
transportation security assessments
(1)Not
later than 30 days after the date of enactment of this Act, the Federal Transit
Administration of the Department of Transportation shall submit all public
transportation security assessments and all other relevant information to the
Secretary of Homeland Security.
(2)Not
later than July 31, 2006, the Secretary of Homeland Security shall review and
augment the security assessments received under paragraph (1).
(3)The
Secretary of Homeland Security shall use the security assessments received
under paragraph (1) as the basis for allocating grant funds under section 4,
unless the Secretary notifies the Committee on Banking, Housing, and Urban
Affairs of the Senate that the Secretary has determined that an adjustment is
necessary to respond to an urgent threat or other significant factors.
(4)Security
improvement prioritiesNot later than September 30, 2006, the
Secretary of Homeland Security, after consultation with the management and
employee representatives of each public transportation system for which a
security assessment has been received under paragraph (1), shall establish
security improvement priorities that will be used by public transportation
agencies for any funding provided under section 4.
(5)Not
later than July 31, 2007, and annually thereafter, the Secretary of Homeland
Security shall—
(A)update the
security assessments referred to in this subsection; and
(B)conduct security
assessments of all public transportation agencies considered to be at greatest
risk of a terrorist attack.
(b)Use of security
assessment informationThe Secretary of Homeland Security shall
use the information collected under subsection (a)—
(1)to establish the
process for developing security guidelines for public transportation security;
and
(2)to design a
security improvement strategy that—
(A)minimizes
terrorist threats to public transportation systems; and
(B)maximizes the
efforts of public transportation systems to mitigate damage from terrorist
attacks.
(c)Bus and rural
public transportation systemsNot later than July 31, 2006, the
Secretary of Homeland Security shall conduct security assessments, appropriate
to the size and nature of each system, to determine the specific needs
of—
(1)local bus-only
public transportation systems; and
(2)selected public
transportation systems that receive funds under section 5311 of title 49,
United States Code.
4.Security
assistance grants
(a)Capital
security assistance program
(1)The Secretary of Homeland Security shall award grants
directly to public transportation agencies for allowable capital security
improvements based on the priorities established under section 3(a)(4).
(2)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.
(b)Operational
security assistance program
(1)The Secretary of Homeland Security shall award grants
directly to public transportation agencies for allowable operational security
improvements based on the priorities established under section 3(a)(4).
(2)Grants awarded under paragraph (1) may be used
for—
(A)security training
for public transportation 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 3(a)(4); and
(F)other appropriate
security improvements identified under section 3(a)(4), excluding routine,
ongoing personnel costs.
(c)Congressional
notificationNot later than 3 days before the award of any grant
under this section, the Secretary of Homeland Security shall notify the
Committee on Banking, Housing, and Urban Affairs of the Senate of the intent to
award such grant.
(d)Public
transportation agency responsibilitiesEach 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 Homeland Security on the use of grant funds received under
this section.
(e)Return of
misspent grant fundsIf the Secretary of Homeland Security
determines that a grantee used any portion of the grant funds received under
this section for a purpose other than the allowable uses specified for that
grant under this section, the grantee shall return any amount so used to the
Treasury of the United States.
5.
(a)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)The
Secretary of Homeland Security shall provide sufficient financial assistance
for 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 participationThe Secretary of Homeland
Security—
(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
a fee to any public transportation agency for participating in the ISAC.
6.Research,
development, and demonstration grants
(a)The Secretary of Homeland Security, in consultation
with the Federal Transit Administration, shall award grants to public or
private entities to conduct research into, and demonstrate, technologies and
methods to reduce and deter terrorist threats or mitigate damages resulting
from terrorist attacks against public transportation systems.
(b)Grants awarded under subsection (a) may be used to—
(1)research
chemical, biological, radiological, or explosive detection systems that do not
significantly impede passenger access;
(2)research imaging
technologies;
(3)conduct product
evaluations and testing; and
(4)research other
technologies or methods for reducing or deterring terrorist attacks against
public transportation systems, or mitigating damage from such attacks.
(c)Each entity that receives a grant under this section
shall report annually to the Department of Homeland Security on the use of
grant funds received under this section.
(d)Return of
misspent grant fundsIf the Secretary of Homeland Security
determines that a grantee used any portion of the grant funds received under
this section for a purpose other than the allowable uses specified under
subsection (b), the grantee shall return any amount so used to the Treasury of
the United States.
7.
(a)Semi-annual
report to Congress
(1)Not later than March 31 and September 30 of each year,
the Secretary of Homeland Security shall submit a report, containing the
information described in paragraph (2), to—
(A)the Committee on
Banking, Housing, and Urban Affairs of the Senate;
(B)the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(C)the Committee on
Appropriations of the Senate.
(2)The
report submitted under paragraph (1) shall include—
(A)a description of
the implementation of the provisions of sections 3 through 6;
(B)the amount of
funds appropriated to carry out the provisions of each of sections 3 through 6
that have not been expended or obligated; and
(C)the state of
public transportation security in the United States.
(b)Annual report
to governors
(1)Not later than March 31 of each year, the Secretary of
Homeland Security shall submit a report to the Governor of each State with a
public transportation agency that has received a grant under this Act.
(2)The
report submitted under paragraph (1) shall specify—
(A)the amount of
grant funds distributed to each such public transportation agency; and
(B)the use of such
grant funds.
8.Authorization of
appropriations
(a)Capital
security assistance programThere are authorized to be
appropriated $2,370,000,000 for fiscal year 2007 to carry out the provisions of
section 4(a), which shall remain available until expended.
(b)Operational
security assistance programThere are authorized to be
appropriated to carry out the provisions of section 4(b)—
(1)$534,000,000 for
fiscal year 2007;
(2)$333,000,000 for
fiscal year 2008; and
(3)$133,000,000 for
fiscal year 2009.
(c)There
are authorized to be appropriated such sums as may be necessary to carry out
the provisions of section 5.
(d)There
are authorized to be appropriated $130,000,000 for fiscal year 2007 to carry
out the provisions of section 6, which shall remain available until
expended.
9.The authority to
make grants under this Act shall expire on October 1, 2009.
November 17, 2005
Read twice and placed on the calendar