Short title

This Act may be cited as the

Public Transportation Terrorism Prevention Act of 2007

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.

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.

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.

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.

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.

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.

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.

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.

10.

Sunset provision

The authority to make grants under this Act shall expire on October 1, 2011.