[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 763 Placed on Calendar Senate (PCS)]






                                                        Calendar No. 69
110th CONGRESS
  1st Session
                                 S. 763

                          [Report No. 110-32]

    To provide the resources to protect public transportation from 
                               terrorism.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2007

 Mr. Dodd, from the Committee on Banking, Housing, and Urban Affairs, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
    To provide the resources to protect public transportation from 
                               terrorism.

    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 Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) 182 public transportation systems throughout the world 
        have been primary target of terrorist attacks;
            (2) more than 6,000 public transportation agencies operate 
        in the United States;
            (3) people use public transportation vehicles 33,000,000 
        times each day;
            (4) the Federal Transit Administration has invested 
        $84,800,000,000 since 1992 for construction and improvements;
            (5) the Federal Government appropriately invested nearly 
        $24,000,000,000 in fiscal years 2002 through 2006 to protect 
        our Nation's aviation system;
            (6) the Federal Government has allocated $386,000,000 in 
        fiscal years 2003 through 2006 to protect public transportation 
        systems in the United States; and
            (7) the Federal Government has invested $7.53 in aviation 
        security improvements per passenger boarding, but only $0.008 
        in public transportation security improvements per passenger 
        boarding.

SEC. 3. SECURITY ASSESSMENTS.

    (a) Public Transportation Security Assessments.--
            (1) Submission.--Not later than 30 days after the date of 
        the 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.
            (2) Review.--Not later than July 31, 2007, the Secretary 
        shall review and augment the security assessments received 
        under paragraph (1).
            (3) Allocations.--The Secretary 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 an adjustment 
        is necessary to respond to an urgent threat or other 
        significant factors.
            (4) Security improvement priorities.--Not later than 
        September 30, 2007, 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) and with 
        appropriate State and local officials, shall establish security 
        improvement priorities that will be used by public 
        transportation agencies for any funding provided under section 
        4.
            (5) Updates.--Not later than July 31, 2008, and annually 
        thereafter, the Secretary 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 Information.--The Secretary 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 Systems.--Not later than 
July 31, 2007, the Secretary 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.

SEC. 4. SECURITY ASSISTANCE GRANTS.

    (a) Capital Security Assistance Program.--
            (1) In general.--The Secretary shall award grants directly 
        to public transportation agencies for allowable capital 
        security improvements based on the priorities established under 
        section 3(a)(4).
            (2) 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.
    (b) Operational Security Assistance Program.--
            (1) In general.--The Secretary shall award grants directly 
        to public transportation agencies for allowable operational 
        security improvements based on the priorities established under 
        section 3(a)(4).
            (2) Allowable use of funds.--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) Coordination With State Homeland Security Plans.--In 
establishing security improvement priorities under section 3(a)(4) and 
in awarding grants for capital security improvements and operational 
security improvements under subsections (a) and (b), respectively, the 
Secretary shall ensure that the actions of the Secretary are consistent 
with relevant State Homeland Security Plans.
    (d) Multi-State Transportation Systems.--In cases where a public 
transportation system operates in more than 1 State, the Secretary 
shall give appropriate consideration to the risks of the entire system, 
including those portions of the States into which the system crosses, 
in establishing security improvement priorities under section 3(a)(4), 
and in awarding grants for capital security improvements and 
operational security improvements under subsections (a) and (b), 
respectively.
    (e) Congressional Notification.--Not later than 3 days before the 
award of any grant under this section, the Secretary shall notify the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Banking, Housing, and Urban Affairs of the Senate of the 
intent to award such grant.
    (f) Public Transportation 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 Secretary on the use of grant 
        funds received under this section.
    (g) Return of Misspent Grant Funds.--If the Secretary 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.

SEC. 5. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 90 days after the date of enactment 
of this section, the Secretary, in consultation with appropriate law 
enforcement, security, and terrorism experts, representatives of public 
transportation owners and operators, and nonprofit employee 
organizations that represent public transportation workers, shall 
develop and issue detailed regulations for a public transportation 
worker security training program to prepare public transportation 
workers, including front-line transit employees such as bus and rail 
operators, mechanics, customer service employees, maintenance 
employees, transit police, and security personnel, for potential threat 
conditions.
    (b) Program Elements.--The regulations developed under subsection 
(a) shall require such a program to include, at a minimum, elements 
that address the following:
            (1) Determination of the seriousness of any occurrence.
            (2) Crew and passenger communication and coordination.
            (3) Appropriate responses to defend oneself.
            (4) Use of protective devices.
            (5) Evacuation procedures (including passengers, workers, 
        and those with disabilities).
            (6) Psychology of terrorists to cope with hijacker behavior 
        and passenger responses.
            (7) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
            (8) Any other subject the Secretary considers appropriate.
    (c) Required Programs.--
            (1) In general.--Not later than 90 days after the Secretary 
        issues regulations under subsection (a) in final form, each 
        public transportation system that receives a grant under this 
        Act shall develop a public transportation worker security 
        training program in accordance with those regulations and 
        submit it to the Secretary for approval.
            (2) Approval.--Not later than 30 days after receiving a 
        public transportation system's program under paragraph (1), the 
        Secretary shall review the program and approve it or require 
        the public transportation system to make any revisions the 
        Secretary considers necessary for the program to meet the 
        regulations requirements. A public transit agency shall respond 
        to the Secretary's comments within 30 days after receiving 
        them.
    (d) Training.--
            (1) In general.--Not later than 1 year after the Secretary 
        approves the training program developed by a public 
        transportation system under subsection (c), the public 
        transportation system owner or operator shall complete the 
        training of all public transportation workers in accordance 
        with that program.
            (2) Report.--The Secretary shall review implementation of 
        the training program of a representative sample of public 
        transportation systems and report to the Senate Committee on 
        Banking, Housing and Urban Affairs, House of Representatives 
        Committee on Transportation and Infrastructure, the Senate 
        Homeland Security and Government Affairs Committee and the 
        House of Representatives Committee on Homeland Security, on the 
        number of reviews conducted and the results. The Secretary may 
        submit the report in both classified and redacted formats as 
        necessary.
    (e) Updates.--
            (1) In general.--The Secretary shall update the training 
        regulations issued under subsection (a) from time to time to 
        reflect new or different security threats, and require public 
        transportation systems to revise their programs accordingly and 
        provide additional training to their workers.
            (2) Program revisions.--Each public transit operator shall 
        revise their program in accordance with any regulations under 
        paragraph (1) and provide additional training to their front-
        line workers within a reasonable time after the regulations are 
        updated.

SEC. 6. 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 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 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 a fee to any public 
                transportation agency for participating in the ISAC.

SEC. 7. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS AND CONTRACTS.

    (a) Grants and Contracts Authorized.--The Secretary, through the 
Homeland Security Advanced Research Projects Agency in the Science and 
Technology Directorate and in consultation with the Federal Transit 
Administration, shall award grants or contracts 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) Use of Funds.--Grants or contracts awarded under subsection 
(a)--
            (1) shall be coordinated with Homeland Security Advanced 
        Research Projects Agency activities; and
            (2) may be used to--
                    (A) research chemical, biological, radiological, or 
                explosive detection systems that do not significantly 
                impede passenger access;
                    (B) research imaging technologies;
                    (C) conduct product evaluations and testing; and
                    (D) research other technologies or methods for 
                reducing or deterring terrorist attacks against public 
                transportation systems, or mitigating damage from such 
                attacks.
    (c) Reporting Requirement.--Each entity that is awarded a grant or 
contract under this section shall report annually to the Department on 
the use of grant or contract funds received under this section.
    (d) Return of Misspent Grant or Contract Funds.--If the Secretary 
determines that a grantee or contractor used any portion of the grant 
or contract funds received under this section for a purpose other than 
the allowable uses specified under subsection (b), the grantee or 
contractor shall return any amount so used to the Treasury of the 
United States.

SEC. 8. REPORTING REQUIREMENTS.

    (a) Semi-Annual Report to Congress.--
            (1) In general.--Not later than March 31 and September 30 
        each year, the Secretary 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) Contents.--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) In general.--Not later than March 31 of each year, the 
        Secretary shall submit a report to the Governor of each State 
        with a public transportation agency that has received a grant 
        under this Act.
            (2) Contents.--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.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Capital Security Assistance Program.--There are authorized to 
be appropriated to carry out the provisions of section 4(a) and remain 
available until expended--
            (1) $536,000,000 for fiscal year 2008;
            (2) $772,000,000 for fiscal year 2009; and
            (3) $1,062,000,000 for fiscal year 2010.
    (b) Operational Security Assistance Program.--There are authorized 
to be appropriated to carry out the provisions of section 4(b)--
            (1) $534,000,000 for fiscal year 2008;
            (2) $333,000,000 for fiscal year 2009; and
            (3) $133,000,000 for fiscal year 2010.
    (c) Intelligence.--There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of section 5.
    (d) Research.--There are authorized to be appropriated to carry out 
the provisions of section 7 and remain available until expended--
            (1) $30,000,000 for fiscal year 2008;
            (2) $45,000,000 for fiscal year 2009; and
            (3) $55,000,000 for fiscal year 2010.

SEC. 10. SUNSET PROVISION.

    The authority to make grants under this Act shall expire on October 
1, 2011.
                                                        Calendar No. 69

110th CONGRESS

  1st Session

                                 S. 763

                          [Report No. 110-32]

_______________________________________________________________________

                                 A BILL

    To provide the resources to protect public transportation from 
                               terrorism.

_______________________________________________________________________

                             March 5, 2007

                 Read twice and placed on the calendar