[Congressional Record (Bound Edition), Volume 150 (2004), Part 15]
[Senate]
[Pages 20449-20450]
[From the U.S. Government Publishing Office, www.gpo.gov]




         PUBLIC TRANSPORTATION TERRORISM PREVENTION ACT OF 2004

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 2884 that was introduced 
earlier today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2884) to authorize the Secretary of Homeland 
     Security to award grants to public transportation agencies to 
     improve security, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. I ask unanimous consent that the bill be read the third 
time and passed, the motion to reconsider be laid upon the table, and 
any statements related to this bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2884) was read the third time and passed, as follows:

                                S. 2884

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Public 
     Transportation Terrorism Prevention Act of 2004''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Memorandum of understanding.
Sec. 4. Security assessments.
Sec. 5. Security assistance grants.
Sec. 6. Intelligence sharing.
Sec. 7. Research, development, and demonstration grants.
Sec. 8. Reporting requirements.
Sec. 9. Authorization of appropriations.
Sec. 10. Sunset provision.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) throughout the world, public transportation systems 
     have been a primary target of terrorist attacks, causing 
     countless death and injuries;
       (2) 6,000 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 
     $68,700,000,000 since 1992 for construction and improvements 
     to the Nation's public transportation systems;
       (6) the Federal Government appropriately invested 
     $11,000,000,000 in fiscal years 2002 and 2003 to protect our 
     Nation's aviation system and its 1,800,000 daily passengers;
       (7) the Federal Government invested $115,000,000 in fiscal 
     years 2003 and 2004 to protect public transportation systems 
     in the United States;
       (8) the Federal Government has invested $9.16 in aviation 
     security improvements per passenger, but only $0.006 in 
     public transportation security improvements per passenger;
       (9) the General Accounting Office, the Mineta 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; 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.

     SEC. 3. MEMORANDUM OF UNDERSTANDING.

       (a) In General.--Not later than 45 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     enter into a memorandum of understanding with the Secretary 
     of Homeland Security to define and clarify the respective 
     public transportation security roles and responsibilities of 
     the Department of Transportation and the Department of 
     Homeland Security.
       (b) Contents.--The memorandum of understanding described in 
     subsection (a) shall--
       (1) establish a process to develop security standards for 
     public transportation agencies;
       (2) establish funding priorities for grants from the 
     Department of Homeland Security to public transportation 
     agencies;
       (3) create a method of direct coordination with public 
     transportation agencies on security matters;
       (4) address any other issues determined to be appropriate 
     by the Secretary of Transportation and the Secretary of 
     Homeland Security; and
       (5) include a formal and permanent mechanism to ensure 
     coordination and involvement by the Department of 
     Transportation, as appropriate, in public transportation 
     security.

     SEC. 4. SECURITY ASSESSMENTS.

       (a) Public Transportation Security Assessments.--
       (1) Submission.--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 Department of Homeland Security.
       (2) Review.--The Secretary of Homeland Security shall 
     review and augment the security assessments received under 
     paragraph (1).
       (3) Allocations.--The assessments described in paragraph 
     (1) shall be used as the basis for allocating grant funds 
     under section 5, unless the Secretary of Homeland Security 
     determines that an adjustment is necessary to respond to an 
     urgent threat or other significant factors, after 
     notification to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate.
       (4) Security improvement priorities.--The Secretary of 
     Homeland Security shall establish security improvement 
     priorities, in consultation with the management and employee 
     representatives of each public transportation system 
     receiving an assessment that will be used by public 
     transportation agencies for any funding provided under 
     section 5.
       (5) Updates.--The Secretary of Homeland Security shall 
     annually update the assessments referred to in this 
     subsection and conduct assessments of all transit agencies 
     considered to be at greatest risk of a terrorist attack.
       (b) Use of Assessment Information.--The 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;
       (2) to design a security improvement strategy that 
     minimizes terrorist threats to public transportation systems; 
     and
       (3) to design a security improvement strategy that 
     maximizes the efforts of public transportation systems to 
     mitigate damage from terrorist attacks.
       (c) Bus Public Transportation Systems.--The Secretary of 
     Homeland Security shall conduct assessments of local bus-only 
     public transportation systems to determine the specific needs 
     of this form of public transportation that are appropriate to 
     the size and nature of the bus system.
       (d) Rural Public Transportation Systems.--The Secretary of 
     Homeland Security shall conduct assessments of selected 
     public transportation systems that receive funds under 
     section 5311 of title 49, United States Code, to determine 
     the specific needs of this form of public transportation that 
     are appropriate to the size and nature of the system.

     SEC. 5. SECURITY ASSISTANCE GRANTS.

       (a) Capital Security Assistance Program.--
       (1) In general.--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 4(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 of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable operational security improvements based on the 
     priorities established under section 4(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) security training for transit 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;

[[Page 20450]]

       (E) overtime reimbursement for enhanced security personnel 
     during significant national and international public events, 
     consistent with the priorities established under section 
     4(a)(4); and
       (F) other appropriate security improvements identified 
     under section 4(a)(4), excluding routine, ongoing personnel 
     costs.
       (c) Congressional Notification.--Not later than 3 days 
     before any grant is awarded 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) 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 subsection; 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 Funds.--If 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.

     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 Department of Homeland Security 
     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 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 any public transportation agency a fee 
     for participation in the ISAC.

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

       (a) Grants Authorized.--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 demonstration of, 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 awarded under subsection (a) may 
     be used for--
       (1) researching chemical, biological, radiological, or 
     explosive detection systems that do not significantly impede 
     passenger access;
       (2) researching imaging technologies;
       (3) conducting product evaluations and testing; and
       (4) researching 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 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 Funds.--If 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.

     SEC. 8. REPORTING REQUIREMENTS.

       (a) Annual Report to Congress.--Not later than March 31 of 
     each year, the Secretary of Homeland Security shall submit a 
     report, which describes the implementation of section 4 
     through 7, and the state of public transportation security in 
     the United States, to--
       (1) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (2) the Committee on Governmental Affairs of the Senate; 
     and
       (3) the Committee on Appropriations of the Senate.
       (b) Annual Report to Governors.--Not later than March 31 of 
     each year, the Secretary of Homeland Security shall submit a 
     report to the governor of each State in which a transit 
     agency that has received a grant under this Act is operating 
     that specifies the amount of grant funds distributed to each 
     such transit agency and the use of such grant funds.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) Capital Security Assistance Program.--There are 
     authorized to be appropriated $2,370,000,000 for fiscal year 
     2005 to carry out the provisions of section 5(a), which shall 
     remain available until expended.
       (b) Operational Security Assistance Program.--There are 
     authorized to be appropriated to carry out the provisions of 
     section 5(b)--
       (1) $534,000,000 for fiscal year 2005;
       (2) $333,000,000 for fiscal year 2006; and
       (3) $133,000,000 for fiscal year 2007.
       (c) Intelligence.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the provisions of 
     section 6.
       (d) Research.--There are authorized to be appropriated 
     $130,000,000 for fiscal year 2005 to carry out the provisions 
     of section 7, which shall remain available until expended.

     SEC. 10. SUNSET PROVISION.

       This Act is repealed on October 1, 2007.

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