[Congressional Record Volume 162, Number 145 (Monday, September 26, 2016)]
[House]
[Pages H5878-H5879]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             TRANSIT SECURITY GRANT PROGRAM FLEXIBILITY ACT

  Mr. DONOVAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5943) to amend the Implementing Recommendations of the 9/11 
Commission Act of 2007 to clarify certain allowable uses of funds for 
public transportation security assistance grants and establish periods 
of performance for such grants, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5943

       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 ``Transit Security Grant 
     Program Flexibility Act''.

     SEC. 2. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPORTATION 
                   SECURITY ASSISTANCE GRANTS.

       Subparagraph (A) of section 1406(b)(2) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
     1135(b)(2); Public Law 110-53) is amended by inserting ``and 
     associated backfill'' after ``security training''.

     SEC. 3. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION 
                   SECURITY ASSISTANCE GRANTS.

       Section 1406 of the Implementing Recommendations of the 9/
     11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110-53) 
     is amended--
       (1) by redesignating subsection (m) as subsection (n); and
       (2) by inserting after subsection (l) the following new 
     subsection:
       ``(m) Periods of Performance.--
       ``(1) In general.--Except as provided in paragraph (2), 
     funds provided pursuant to a grant awarded under this section 
     for a use specified in subsection (b) shall remain available 
     for use by a grant recipient for a period of not fewer than 
     36 months.
       ``(2) Exception.--Funds provided pursuant to a grant 
     awarded under this section for a use specified in 
     subparagraph (M) or (N) of subsection (b)(1) shall remain 
     available for use by a grant recipient for a period of not 
     fewer than 55 months.''.

     SEC. 4. GAO REVIEW.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a review of the transit security grant 
     program under section 1406 of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 
     1135; Public Law 110-53).
       (b) Scope.--The review required under paragraph (1) shall 
     include the following:
       (1) An assessment of the type of projects funded under the 
     transit security grant program.
       (2) An assessment of the manner in which such projects 
     address threats to transportation infrastructure.
       (3) An assessment of the impact, if any, of this Act 
     (including the amendments made by this Act) on types of 
     projects funded under the transit security grant program.
       (4) An assessment of the management and administration of 
     transit security grant program funds by grantees.
       (5) Recommendations to improve the manner in which transit 
     security grant program funds address vulnerabilities in 
     transportation infrastructure.
       (6) Recommendations to improve the management and 
     administration of the transit security grant program.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act and again not later than five years 
     after such date of enactment, the Comptroller General shall 
     submit to the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report on the review 
     required under this section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Donovan) and the gentleman from New Jersey (Mr. Payne) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. DONOVAN. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and to include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. DONOVAN. Mr. Speaker, I yield myself such time as I may consume.
  We know that terrorists have an interest in and a track record of 
targeting mass transit. We saw it in London, Madrid, and Brussels, and 
recently, again, when a terrorist left a backpack of IEDs at a train 
station in Elizabeth, New Jersey. We must ensure that our first 
responders and transit agencies have the tools they need to secure our 
transit systems.
  That is why I introduced H.R. 5943, the Transit Security Grant 
Program Flexibility Act. This bill addresses concerns that were raised 
during a June 21 field hearing that the Subcommittee on Emergency 
Preparedness, Response, and Communications held in Ranking Member 
Payne's district on preparedness for incidents that impact surface 
transportation. As chairman of the subcommittee, I introduced this 
legislation to ensure action follows our subcommittee's oversight.
  Witnesses at this field hearing testified about the importance of the 
Transit Security Grant Program but found that the period of performance 
was a challenging time frame to meet, especially for completing vital, 
large-scale capital security projects. H.R. 5943 addresses this 
challenge by codifying the period of performance for Transit Security 
Grant Program awards at 36 months for the majority of eligible projects 
and by extending the period of performance for large-scale capital 
security projects to 55 months. Additionally, Transit Security Grant 
Program awards can be used to provide personnel with security training.
  Unfortunately, the recipients of these awards are not allowed to use 
Transit Security Grant Program funds to pay for backfilling personnel 
who attend such training. In some cases, that extra cost at the transit 
agency has resulted in an inability to send staff for security 
training. My bill will permit Transit Security Grant Program funds to 
be used for this purpose, which is consistent with other Homeland 
Security grant programs.
  With more than 10 billion riders using surface transportation 
annually, it is vital that the Transit Security Grant Program provide 
flexible solutions for grant recipients. I am proud to sponsor this 
bipartisan legislation, which passed out of the Committee on Homeland 
Security earlier this month. I urge all Members to join me in 
supporting H.R. 5943.
  I reserve the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 5943, the Transit Security Grant Program 
Flexibility Act.
  Following the March 2016 attacks on mass transit facilities in 
Brussels, the Committee on Homeland Security's Emergency Preparedness, 
Response, and Communications Subcommittee held a hearing in my district 
at New Jersey City University to learn more about efforts to secure 
mass transit domestically. The subcommittee heard from Amtrak, New 
Jersey Transit, the Port Authority of New York and New Jersey, and MTA 
about what they are doing to keep passengers safe and how the Federal 
Government can help.
  Witnesses lamented the drastic reduction in Transit Security Grant 
funding from upwards of $385 million in 2008 to only $100 million in 
2016. Unfortunately, in the current fiscal environment, prospects for 
restoring this critical funding are not great. Witnesses also testified 
that the 36-month period of performance limits the ability of transit 
owners to invest in important security-hardening projects that cannot 
be completed within that window of time. Fortunately, we can address 
that problem.
  H.R. 5943 is a bipartisan bill that would extend the period of 
performance for transit grant activities that are related to 
infrastructure hardening to 55 months and would give grantees the 
flexibility to use the grant money for expenses that are related to 
covering the costs of staffing backfill for when responders are sent to 
security training.
  The threats to our transit infrastructure are real, Mr. Speaker. Two 
weeks ago, we had a close call outside a train station in Elizabeth, 
New Jersey, when a backpack containing a bomb was discovered by two 
citizens. Fortunately, they notified law enforcement; and although 
there was an explosion, no one was injured. Police found four other 
devices in the vicinity. H.R. 5943 will help transit owners and 
operators better address the threats to our critical transportation 
systems. As such, I strongly encourage my colleagues to support this 
legislation.
  I reserve the balance of my time.
  Mr. DONOVAN. Mr. Speaker, I reserve the balance of my time.

[[Page H5879]]

  

  Mr. PAYNE. Mr. Speaker, H.R. 5943 was unanimously approved by the 
committee on Homeland Security on September 13. It recognizes that 
Transit Security Grant Program grantees can spend their money better 
and smarter when they have the time necessary to do so.
  I congratulate my colleague, Mr. Donovan, on this legislation, and I 
urge all of my colleagues to support H.R. 5943.
  I yield back the balance of my time.
  Mr. DONOVAN. Mr. Speaker, once again, I urge my colleagues to support 
H.R. 5943.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Donovan) that the House suspend the rules 
and pass the bill, H.R. 5943, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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