[House Report 109-662]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-662

======================================================================



 
         PUBLIC TRANSPORTATION SECURITY ASSISTANCE ACT OF 2006

                                _______
                                

 September 15, 2006.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 5808]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5808) to authorize the Secretary of 
Transportation to make grants to public transportation agencies 
and over-the-road bus operators to improve security, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Public Transportation Security 
Assistance Act of 2006''.

                TITLE I--PUBLIC TRANSPORTATION SECURITY

SEC. 101. FINDINGS; PURPOSE.

  (a) Findings.--Congress finds that--
          (1) throughout the world, public transportation systems have 
        been a primary target of terrorist attacks, causing countless 
        deaths 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 to the Nation's economy and for significant national 
        and international public events;
          (5) the Federal Transit Administration has invested 
        $84,500,000,000 since 1992 for construction and improvements to 
        the Nation's public transportation systems;
          (6) the Federal Government appropriately invested 
        $19,600,000,000 in fiscal years 2002 through 2006 to protect 
        the Nation's aviation system and its 2,000,000 daily 
        passengers;
          (7) the Federal Government invested $380,000,000 in fiscal 
        years 2003 through 2006 for grants to protect public 
        transportation systems in the United States;
          (8) the Federal Government has invested $9.00 in aviation 
        security improvements per passenger, but only $0.01 in public 
        transportation security improvements per passenger;
          (9) the Government Accountability Office, the Mineta 
        International 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;
          (10) Federal financial assistance for transit security 
        improvements should be separate from and supplementary to 
        funding for longstanding Federal programs for investment in 
        public transportation infrastructure;
          (11) the final report of the National Commission on Terrorist 
        Attacks Upon the United States (also known as the ``9/11 
        Commission'') found that the Federal Government should--
                  (A) identify and evaluate the transportation assets 
                that need to be protected, set risk-based priorities 
                for defending them, and select the most practical and 
                cost-effective ways of doing so;
                  (B) develop a plan, a budget, and funding to 
                implement the effort; and
                  (C) assign roles and missions to the relevant 
                authorities (Federal, State, regional, and local) and 
                to private stakeholders;
          (12) the final report of the 9/11 Commission also found that 
        homeland security assistance should be based strictly on an 
        assessment of risks and vulnerabilities; and
          (13) the Federal Government has a duty to deter and mitigate, 
        to the greatest extent practicable, threats against the 
        Nation's public transportation systems.
  (b) Purpose.--The purpose of this title is to provide grants to 
public transportation agencies and over-the-road bus operators to 
improve security in a manner consistent with the recommendations of the 
9/11 Commission described in subsections (a)(11) and (a)(12).

SEC. 102. DEFINITIONS.

  In this title, the following definitions apply:
          (1) Public transportation.--The term ``public 
        transportation'' has the meaning given the term in section 
        5302(a) of title 49, United States Code.
          (2) Public transportation security assessment.--The term 
        ``public transportation security assessment'' means a risk 
        assessment (including a criticality or vulnerability 
        assessment) of a public transportation system conducted 
        pursuant to the annex executed under section 3028(b) of the 
        Safe, Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users (49 U.S.C. 5321 note; 119 Stat. 1624).
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Transportation, except as otherwise specifically provided.

SEC. 103. COMPONENTS OF SECURITY ASSESSMENTS AND PRIORITIZED PLANS.

  (a) Security Assessments.--The Secretary shall request that the 
Secretary of Homeland Security take necessary actions to ensure that 
the public transportation security assessment of each public 
transportation system identifies--
          (1) the critical assets of the public transportation system;
          (2) threats to those assets;
          (3) security weaknesses in the public transportation system 
        and its assets;
          (4) redundant and backup systems required to ensure the 
        continued operation of critical elements of the public 
        transportation system in the event of an attack or other 
        incident; and
          (5) the extent to which public transportation employees, 
        including bus and rail operators, mechanics, customer service 
        personnel, maintenance employees, transit police, and security 
        personnel, have received training in security awareness and 
        public transportation system emergency response procedures.
  (b) Prioritized Plans.--A public transportation agency that has 
received an assessment described in subsection (a) shall develop, in 
consultation with the Secretary of Homeland Security, a prioritized 
plan of needed capital and operational security improvements based on 
the results of the assessment.

SEC. 104. SECURITY ASSISTANCE GRANTS.

  (a) Capital Security Assistance Program.--
          (1) In general.--The Secretary shall make grants directly to 
        eligible public transportation agencies for capital security 
        improvements described in paragraph (2).
          (2) Allowable use of funds.--Grant funds received under 
        paragraph (1) shall 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) inspection technology;
                  (G) communications equipment, including mobile 
                service equipment to provide access to 911 emergency 
                services in an underground fixed guideway system;
                  (H) emergency response equipment;
                  (I) fire suppression and decontamination equipment;
                  (J) global positioning or automated vehicle locator 
                type system equipment;
                  (K) evacuation improvements;
                  (L) security training for transit employees, 
                including bus and rail operators, mechanics, customer 
                service employees, maintenance employees, transit 
                police, and security personnel;
                  (M) live or simulated drills; and
                  (N) other capital security improvements.
          (3) Government's share.--A grant for a capital security 
        improvement project under this subsection shall be for 80 
        percent of the net project cost of the project. The recipient 
        may provide additional local matching amounts.
  (b) Operational Security Assistance Program.--
          (1) In general.--The Secretary shall make grants directly to 
        eligible public transportation agencies for operational 
        security improvements described in paragraph (2).
          (2) Allowable use of funds.--Grant funds received under 
        paragraph (1) shall be used for--
                  (A) public awareness campaigns for enhanced public 
                transportation security;
                  (B) canine patrols for chemical, biological, or 
                explosives detection;
                  (C) overtime reimbursement for enhanced security 
                personnel during significant national and international 
                public events, consistent with the priorities 
                established under subsection (e); and
                  (D) other appropriate security improvements 
                identified under subsection (e), including hiring 
                additional security personnel determined necessary 
                under subsection (e), but excluding routine, ongoing 
                personnel costs.
          (3) Government's share.--A grant for an operating security 
        improvement project under this subsection may not exceed 50 
        percent of the net project cost of the project.
  (c) Eligibility.--A public transportation agency shall be eligible 
for a grant under this section if the agency has received or is 
undergoing a public transportation security assessment.
  (d) Allocations.--
          (1) In general.--The Secretary, in consultation with the 
        Secretary of Homeland Security, shall allocate grant funds 
        under this section based on the results of public 
        transportation security assessments described in section 103(a) 
        and in a manner that prioritizes the award of grant funds each 
        fiscal year based on risk, consequences, vulnerability, and 
        threat.
          (2) Response to urgent threats.--After providing written 
        notice to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate, the Secretary may 
        adjust grant allocations under this subsection if the Secretary 
        determines that the adjustment is necessary to respond to an 
        urgent threat or other significant factors.
  (e) Security Improvement Priorities.--
          (1) In general.--The Secretary, in consultation with the 
        Secretary of Homeland Security, shall establish security 
        improvement priorities for each public transportation agency 
        receiving a public transportation security assessment.
          (2) Consultation; prioritized plan.--The Secretary shall 
        establish priorities under paragraph (1)--
                  (A) in consultation with the management and employee 
                representatives of the public transportation agency; 
                and
                  (B) in a manner that is consistent with the system's 
                prioritized plan of needed capital and operational 
                security improvements described in section 103(b).
          (3) Applicability.--Priorities established under paragraph 
        (1) shall apply to funds provided to a public transportation 
        agency under this section.
  (f) 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 section; and
          (3) report annually to the Department of Transportation on 
        the use of grant funds received under this section.
  (g) Grant Requirements.--Except as otherwise specifically provided in 
this title, a grant provided under this section shall be subject to the 
terms and conditions applicable to grants made under section 5307 of 
title 49, United States Code, and to such other terms and conditions as 
are determined by the Secretary.

SEC. 105. INTELLIGENCE SHARING.

  (a) Intelligence Sharing.--The Secretary shall request that the 
Secretary of Homeland Security provide 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 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--
                  (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. 106. REPORTING REQUIREMENT.

  (a) In General.--Not later than September 30, 2007, the Secretary, in 
consultation with the Secretary of Homeland Security, shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate a report that describes the implementation of 
sections 103 through 105. The Secretary may submit the report in 
classified and unclassified forms.
  (b) Contents.--The report shall include--
          (1) a description of the state of public transportation 
        security in the United States; and
          (2) a description of actions taken by Federal, State, 
        regional, and local governments and private stakeholders to 
        address threats to, and security weaknesses in, the public 
        transportation system and its assets.

SEC. 107. PUBLIC TRANSPORTATION EMPLOYEE SECURITY TRAINING PROGRAM.

  (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Homeland Security, appropriate law enforcement, security, and terrorism 
experts, representatives of public transportation agencies, and 
representatives of public transportation employees, shall develop and 
issue guidelines for a public transportation employee security training 
program to prepare public transportation employees for potential threat 
conditions.
  (b) Public Transportation Agency Programs.--
          (1) In general.--Not later than 90 days after the date on 
        which Secretary issues guidance under subsection (a) in final 
        form, each public transportation agency that has received or is 
        undergoing a public transportation security assessment shall 
        develop an employee training program in accordance with such 
        guidance.
          (2) Review and approval.--Each public transportation agency 
        referred to in paragraph (1) shall submit its employee training 
        program to the Secretary for review and approval or amendment.
          (3) Implementation.--Not later than one year after the date 
        on which the Secretary approves an employee training program of 
        a public transportation agency under paragraph (2), the agency 
        shall complete employee training in accordance with such 
        program with respect to the employees of the agency identified 
        in the agency's public transportation security assessment. 
        Other public transportation agency employees may also be 
        trained under the agency's employee training program.
  (c) Reporting.--As part of the Secretary's report to Congress under 
section 106, the Secretary shall include an analysis of the extent to 
which public transportation agencies are successfully carrying out the 
employee training programs described in this section.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

  (a) Capital Security Assistance Program.--There is authorized to be 
appropriated to carry out section 104(a)--
          (1) $775,000,000 for fiscal year 2007;
          (2) $825,000,000 for fiscal year 2008; and
          (3) $880,000,000 for fiscal year 2009.
  (b) Operational Security Assistance Program.--There is authorized to 
be appropriated to carry out section 104(b)--
          (1) $400,000,000 for fiscal year 2007;
          (2) $300,000,000 for fiscal year 2008; and
          (3) $200,000,000 for fiscal year 2009.
  (c) Information Sharing and Analysis Center.--There is authorized to 
be appropriated to carry out section 105(b) $1,000,000 for each of 
fiscal years 2007 through 2009.
  (d) Period of Availability.--Sums appropriated pursuant to this 
section shall remain available until expended.

            TITLE II--OVER-THE-ROAD BUS SECURITY ASSISTANCE

SEC. 201. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.

  (a) In General.--The Secretary of Transportation, acting through the 
Administrator of the Federal Motor Carrier Safety Administration, shall 
establish a program for making grants to private operators of over-the-
road buses for system-wide security improvements to their operations, 
including--
          (1) constructing and modifying terminals, garages, 
        facilities, or over-the-road buses to assure their security;
          (2) protecting or isolating the driver;
          (3) acquiring, upgrading, installing, or operating equipment, 
        software, or accessorial services for collection, storage, or 
        exchange of passenger and driver information through ticketing 
        systems or otherwise, and information links with government 
        agencies;
          (4) training employees in recognizing and responding to 
        security threats, evacuation procedures, passenger screening 
        procedures, and baggage inspection;
          (5) hiring and training security officers;
          (6) installing cameras and video surveillance equipment on 
        over-the-road buses and at terminals, garages, and over-the-
        road bus facilities;
          (7) creating a program for employee identification or 
        background investigation;
          (8) establishing an emergency communications system linked to 
        law enforcement and emergency personnel; and
          (9) implementing and operating passenger screening programs 
        at terminals and on over-the-road buses.
  (b) Federal Share.--The Federal share of the cost for which any grant 
is made under this section shall be 80 percent.
  (c) Grant Requirements.--A grant under this section shall be subject 
to all the terms and conditions that a grant is subject to under 
section 3038(f) of the Transportation Equity Act for the 21st Century 
(49 U.S.C. 5310 note; 112 Stat. 393).
  (d) Report on Industry Priorities.--
          (1) Study.--The Administrator of the Federal Motor Carrier 
        Safety Administration shall conduct a study of--
                  (A) the critical assets and systems of the nationwide 
                over-the-road bus industry;
                  (B) security threats to the assets and systems;
                  (C) security weaknesses in the assets and systems; 
                and
                  (D) redundant and backup systems required to ensure 
                the continued operation of critical elements of the 
                assets and systems in the event of an attack or other 
                incident.
          (2) Consultation.--In conducting the study, the Administrator 
        shall consult with representatives of private over-the-road bus 
        operators and the employees of such operators.
          (3) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall submit to the 
        Secretary of Transportation and the Secretary of Homeland 
        Security a report, based on the results of the study, detailing 
        the critical assets, threats, and weaknesses in the over-the-
        road bus industry. The Administrator shall update the report on 
        an annual basis.
  (e) Allocation of Grants.--The Secretary of Transportation, in 
consultation with the Secretary of Homeland Security, shall establish 
priorities for the allocation of grants under this section based on the 
report required by subsection (d)(3) and shall make grants under this 
section in accordance with those priorities.

SEC. 202. PLAN REQUIREMENT.

  (a) In General.--The Secretary of Transportation may not make a grant 
under section 201 to a private operator of over-the-road buses until 
the operator has first submitted to the Secretary an application 
containing--
          (1) a plan for making security improvements described in 
        section 201 and the Secretary has approved the plan; and
          (2) such additional information as the Secretary may require 
        to ensure accountability for the obligation and expenditure of 
        amounts made available to the operator under the grant.
  (b) Coordination.--To the extent that an application for a grant 
submitted under this section proposes security improvements within a 
specific terminal owned and operated by an entity other than the 
applicant, the applicant shall demonstrate to the satisfaction of the 
Secretary that the applicant has coordinated the security improvements 
for the terminal with that entity.
  (c) Consultation With DHS.--In approving plans under subsection 
(a)(1), the Secretary may consult with the Secretary of Homeland 
Security.

SEC. 203. OVER-THE-ROAD BUS DEFINED.

  In this title, the term ``over-the-road bus'' means a bus 
characterized by an elevated passenger deck located over a baggage 
compartment.

SEC. 204. BUS SECURITY ASSESSMENT.

  (a) In General.--Not later than 180 days after the date of enactment 
of this Act, the Secretary of Transportation shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a preliminary report in accordance with 
the requirements of this section.
  (b) Contents of Preliminary Report.--The preliminary report shall 
include--
          (1) an assessment of the over-the-road bus security grant 
        program;
          (2) an assessment of actions already taken to address 
        identified security issues by both public and private entities 
        and recommendations on whether additional safety and security 
        enforcement actions are needed;
          (3) an assessment of whether additional legislation is needed 
        to provide for the security of Americans traveling on over-the-
        road buses;
          (4) an assessment of the economic impact that security 
        upgrades of buses and bus facilities may have on the over-the-
        road bus transportation industry and its employees;
          (5) an assessment of ongoing research and the need for 
        additional research on over-the-road bus security, including 
        engine shut-off mechanisms, chemical and biological weapon 
        detection technology, and the feasibility of 
        compartmentalization of the driver; and
          (6) an assessment of industry best practices to enhance 
        security.
  (c) Consultation With Industry, Labor, and Other Groups.--In carrying 
out this section, the Secretary shall consult with over-the-road bus 
management and labor representatives, public safety and law enforcement 
officials, and the National Academy of Sciences.

SEC. 205. FUNDING.

  There is authorized to be appropriated to the Secretary of 
Transportation to carry out this title $50,000,000 for each of fiscal 
years 2007 through 2009. Such sums shall remain available until 
expended.

                       PURPOSE OF THE LEGISLATION

    H.R. 5808 authorizes the Secretary of Transportation to 
award grants to public transportation agencies and over-the-
road bus operators to improve security in a manner consistent 
with the recommendations of the Final Report of the National 
Commission on Terrorist Attacks Upon the United States (the 
``9/11 Commission'').

                BACKGROUND AND NEED FOR THE LEGISLATION

    Throughout the world, public transportation systems have 
been primary targets of terrorist attacks, causing thousands of 
deaths and injuries. Transit systems have open access with 
frequent stops and transfer points and are thus difficult to 
protect. They also serve high concentrations of people in 
relatively crowded quarters, an environment with a high 
probability of death or injury.
    On July 11, 2006, eight bombs exploded in a coordinated 
attack on commuter rail trains in Mumbai, India, killing more 
than 200 people. On July 7, 2005, three bombs on the London 
Underground subway system and one bomb on a London city bus 
exploded in a coordinated terrorist attack during morning rush 
hour, killing 52 people. On March 11, 2004, four separate bombs 
detonated on three commuter trains traveling toward Madrid, 
Spain, killing 198 people. From 1991 to 2001, 42 percent of all 
terrorist incidents were carried out on rail systems or buses. 
These attacks are not just something that happens in other 
countries. On July 7, 2006, U.S. authorities announced the 
arrest of a man in Beirut who was planning, with other 
conspirators, to mount an assault on the New Jersey-New York 
PATH subway tunnels under the Hudson River.
    In the U.S., there are 650 public transportation agencies 
in urbanized areas that provide 9 billion transit trips 
annually. Every day, more than 14 million people use public 
transportation to get to and from work, as well as using 
transit to get to school, shop, visit medical facilities, or go 
out for an evening's entertainment. By comparison, the U.S. 
aviation industry serves 2 million daily passengers; Amtrak 
serves only about 70,000 passengers each day. Despite the fact 
that so many people use transit, there has been very little 
federal investment in improving the security of America's 
public transportation facilities and systems. Over five years 
(fiscal years 2002 through 2006), there was $19.6 billion spent 
on aviation security, an average of $9.00 per passenger. In 
fiscal years 2003 through 2006, only $380 million has been 
provided by the Department of Homeland Security for transit 
security grants, an average of one cent per passenger.
    Publicly owned and operated transit systems represent a 
sizeable investment of highway trust funds and federal, state, 
and local general revenues. Since 1992, the Federal Transit 
Administration (FTA) has provided $84.5 billion in federal 
funds for construction and improvements to transit systems 
throughout the country. This critical infrastructure and the 
safety of the traveling public must be protected from 
deliberate harm to the greatest extent possible, whether the 
threat is from international terrorists or domestic sources.
    The purpose of the bill is to authorize grants to transit 
agencies and bus operators to improve security in a manner 
consistent with the recommendations of the 9/11 Commission 
Report. Although the Report does not specifically address 
transit security issues, the chapter regarding how to protect 
against and prepare for terrorist attacks makes four 
recommendations that are directly applicable to improving the 
security of our nation's public transportation systems:
    1. Identify and evaluate transportation assets that need to 
be protected, and set risk-based priorities for defending them.
    2. Develop a plan, budget, and funding to implement this 
effort.
    3. Assign roles and missions to relevant Federal, State, 
regional, local and private stakeholders.
    4. Provide transportation security assistance based 
strictly on assessments of risk and vulnerability.
    The Homeland Security Act of 2002 (P.L. 107-296) created 
the Department of Homeland Security (DHS) to secure the United 
States from terrorist threats. A number of existing government 
agencies were transferred to and reorganized under a single new 
department. In the intervening years since DHS was created, 
there were questions raised about the respective 
responsibilities of DHS and the Department of Transportation 
(DOT) regarding transportation facilities and systems security. 
To improve coordination on transportation security matters, 
including transit security, DHS and DOT signed a memorandum of 
understanding (MOU) in September 2004. The two departments also 
signed a transit security annex to the MOU in September 2005 
that delineates the specific security-related roles, 
responsibilities, resources, and commitments for transit 
issues.
    H.R. 5808 reflects the provisions of the transit annex to 
the DHS/DOT memorandum of understanding and does not disturb 
the current relationship between the departments. Under the 
transit annex, all programs and services that are related to 
public transportation security, including risk assessments, 
grants, training, exercises, and technical assistance, are to 
be coordinated between DOT and DHS (section 4 of the ``Annex to 
the Memorandum of Understanding Between the Department of 
Homeland Security and the Department of Transportation on Roles 
and Responsibilities Concerning Public Transportation 
Security'', executed September 8, 2005). DHS is named as the 
lead agency responsible for conducting risk assessments of 
transit systems. However, DHS commits to share the results of 
transit system risk assessments with the FTA's Director of 
Safety and Security (section 6, Ibid). The transit annex does 
not directly address security grant-making authority. The 
transit annex also specifies that DHS is responsible for 
communicating intelligence, including threats, warnings, and 
changes in threat conditions, on a timely basis to public 
transportation stakeholders. The FTA may supplement these DHS 
communications efforts (section 8, Ibid).
    The Committee on Transportation and Infrastructure held two 
hearings on public transportation security in 2004 and 2006. 
Witnesses from DOT and DHS participated, as well as industry 
stakeholders and public transportation employee 
representatives. The most common complaint at both these 
hearings was that the Department of Homeland Security's transit 
grant program is inconsistently administered. For each of the 
four fiscal years that transit security grant funds have been 
appropriated, a different office within DHS has administered 
the grants under a different set of requirements. Public 
transportation agencies and other stakeholders strongly support 
a DOT-administered public transportation security grants 
program. H.R. 5808 authorizes grants to be administered by the 
Secretary of Transportation, working within the established 
framework of the DHS/DOT memorandum of understanding and the 
transit annex.
    H.R. 5808 requires each transit agency to develop a 
prioritized plan of needed capital and operational security 
improvements based on the results of its security assessment. 
The Secretary of Transportation, in consultation with DHS, will 
allocate grant funding among the transit agencies that have 
received or are undergoing security assessments, based on the 
results of the assessments and in a manner that prioritizes 
grants based on risk, consequences, vulnerability, and threat. 
The Secretary of Transportation must also, in consultation with 
DHS, establish individual security improvement priorities for 
each public transportation system consistent with the system's 
prioritized plan of needed security improvements.
    The over-the-road bus industry transports 773 million 
passengers annually. These intercity buses are as vulnerable to 
terrorist attack as public transportation systems, for many of 
the same reasons. There has been a very small amount of federal 
funding appropriated for bus security grants, $55 million ($15 
million in fiscal year 2002 and $10 million for each of fiscal 
years 2003 through 2006). However, Congress has not yet 
authorized a security grants program for over-the-road buses, 
and a risk-based legislative framework is needed to ensure that 
funds provided for intercity bus security needs are allocated 
to projects that will best improve security. In the over-the-
road bus security grants, allocation of grant funds is made by 
the Federal Motor Carrier Safety Administration, in 
consultation with DHS. Priorities for grant allocation are 
established based on the critical assets and systems of the 
nation's over-the-road bus industry, security threats to those 
assets, and weaknesses in the system.
    For fiscal years 2007 through 2009, H.R. 5808 authorizes 
$2,480,000,000 for capital security grants and $900,000,000 for 
operating security grants to public transportation providers. 
These funds are authorized out of non-defense discretionary 
general funds and are subject to appropriations. The bill also 
authorizes, over the same three-year period, $150,000,000 for 
grants to over-the-road bus operators for security improvements 
to their operations. These grants are to be allocated based on 
risk and vulnerability, consistent with the recommendations of 
the 9/11 Commission Report.

                       SUMMARY OF THE LEGISLATION

Section 1. Short title

    This section states the bill short title as the ``Public 
Transportation Security Assistance Act of 2006.''

                TITLE I--PUBLIC TRANSPORTATION SECURITY


Section 101. Findings; purpose

    This section lists the findings of Congress regarding: the 
need for improvements to public transportation security; the 
inequity of federal financial assistance for aviation security 
improvements versus assistance for public transportation 
security; the need to make security funding supplemental to and 
separate from funding for capacity-based infrastructure 
improvements; and the activities that the Government should 
undertake in response to the findings of the 9/11 Commission 
Report. This section states that the purpose of the Act is to 
authorize grants to public transportation agencies and over-
the-road bus operators to improve security in a manner 
consistent with the recommendations of the 9/11 Commission 
Report.

Section 102. Definitions

    This section defines public transportation as having the 
same meaning such term is given in section 5302(a) of title 49, 
United States Code, as transportation by a conveyance that 
provides regular and continuing general or special 
transportation to the public, but does not include school bus, 
charter, sightseeing, or intercity bus transportation. 
Intercity passenger rail transportation provided by Amtrak or a 
successor agency is also not considered to be public 
transportation. The term ``public transportation security 
assessment'' is defined as a risk assessment of a public 
transportation system conducted pursuant to the transit annex 
to the DHS/DOT memorandum of understanding. The Secretary is 
defined as the Secretary of Transportation, except as otherwise 
specifically provided.

Section 103. Components of security assessments and prioritized plans

    Under this section, the Secretary of Transportation is 
directed to request that the Secretary of Homeland Security 
include certain elements in the DHS security assessments of 
public transportation systems. These elements are: critical 
assets of the public transportation system; threats to those 
assets; security weaknesses in the public transportation system 
and its assets; redundant and backup systems that ensure 
continued operations; and the extent to which public 
transportation employees have received adequate security 
awareness and emergency response training. The FTA has 
identified employee training as one of the highest priority 
security action items for public transportation agencies.
    The act of requesting that DHS security assessments include 
certain information is consistent with the relationship between 
DHS and DOT that is established in section 4 of the transit 
annex to the DHS/DOT memorandum of understanding, which states 
in part that, ``DOT and DHS . . . will coordinate their 
programs and services (including risk assessments . . .) in 
order to better assist transit agencies in prioritizing and 
addressing their current and emerging security-related needs.'' 
No new requirement is being placed on DHS, because DOT has been 
directed to put forward these suggested elements as a request, 
made in the context of a cooperative relationship.
    This section also requires public transportation agencies 
that have received a security assessment from DHS to develop, 
in consultation with DHS, a prioritized plan of needed capital 
and operational security improvements specifically for the 
transit system, based on the results of the security 
assessment.

Section 104. Security assistance grants

    This section authorizes two kinds of security assistance 
grants for public transportation agencies: capital and 
operating. Capital security grants require a 20 percent local 
or state match. They are available for a number of activities, 
including tunnel and perimeter protection, redundant and backup 
control systems, detection systems (for chemical, biological, 
radiological, or explosive weapons), surveillance equipment, 
inspection technologies, communications equipment, including 
mobile phone service equipment to provide access to 911 
emergency services in subway stations and tunnels, emergency 
response equipment; fire suppression and decontamination 
equipment, vehicle locator equipment, evacuation improvements, 
security training for transit employees, live or simulated 
drills, and other capital security improvements. Operational 
security grants require a 50 percent local or state match. They 
are available for public awareness campaigns, canine patrols, 
overtime reimbursement for security personnel during 
significant national and international events, and other 
appropriate security improvements identified in the public 
transit agency's security assessment (which may include hiring 
additional security personnel determined necessary by such 
assessment), excluding routine and ongoing personnel costs.
    Only public transportation systems that have received, or 
are undergoing, a DHS security assessment are eligible for 
security assistance grants. The process of allocating grant 
funds among eligible transit systems is to be performed by the 
Secretary of Transportation, in consultation with the Secretary 
of Homeland Security. Such allocation shall be made in a manner 
that prioritizes the award of grant funds based on risk, 
consequences, vulnerability, and threat, and shall be based 
individually on the results of each transit system's security 
assessment. Provision is made for adjusting grant allocations 
in response to urgent threats or other significant factors.
    The Secretary of Transportation, in consultation with the 
Secretary of Homeland Security, is directed to establish 
security improvement priorities for each transit agency 
receiving a grant. These priorities are to be established in 
consultation with management and employee representatives of 
the transit agency and in a manner that is consistent with the 
prioritized plan of needed capital and operational security 
improvements that each eligible transit agency has developed.
    Grants shall be made directly to transit agencies and are 
subject to the terms and conditions applicable to grants under 
the Urbanized Area Formula Grants program (section 5307 of 
title 49, United States Code). Transit agencies are required to 
have a security coordinator and a comprehensive plan for 
operating and maintaining equipment purchased under this 
section. Agencies that receive security grants must also report 
to DOT annually on the use of grant funds received under this 
section.

Section 105. Intelligence sharing

    Under this section, the Secretary of Transportation is 
directed to request that the Secretary of Homeland Security 
provide appropriate and timely notification of all credible 
terrorist threats against public transportation assets in the 
United States. The act of requesting that DHS provide such 
timely notification is consistent with section 8 of the transit 
annex to the DHS/DOT memorandum of understanding, which states 
in part that, ``DHS is responsible for communicating 
intelligence, including threats and warnings . . . on a timely 
basis to public transportation stakeholders.'' No new 
requirement is being placed on DHS by this language, because 
DOT has been directed to request this action, in the context of 
a cooperative relationship.
    Pursuant to Presidential Directive 63, ``Protecting 
America's Critical Infrastructures'' (May 22, 1998), 
intelligence sharing and analysis centers have been established 
in different sectors of U.S. industry, such as 
telecommunications, banking and finance, energy, essential 
government services, and transportation. These centers manage 
intelligence information flow regarding potential terrorist 
threats and disseminate that information to the appropriate 
stakeholders. In 2002 and 2003, FTA funded the intelligence 
sharing and analysis center (ISAC) for transit, which is 
managed under contract by the American Public Transportation 
Association. This section provides that the Department of 
Transportation shall fund the ISAC, and directs the Secretary 
to require transit agencies determined to be at significant 
risk of attack to participate in the ISAC and to encourage all 
other transit agencies to participate as well. No fee may be 
charged to a public transit agency for participation in the 
ISAC.

Section 106. Reporting requirement

    In this section, the Secretary of Transportation is 
directed to submit a report by September 30, 2007 on the 
implementation of sections 103 through 105. Because some of the 
information regarding public transportation agency security 
assessments may be sensitive, the Secretary is authorized to 
submit the report in both classified and unclassified forms. 
The report must include a description of the state of public 
transportation security in the United States and a description 
of actions that have been and are being taken by Federal, 
State, regional and local governments to address security 
threats and public transportation system security weaknesses.

Section 107. Public transportation employee security training program

    This section establishes a public transportation employee 
security training program, to be developed by DOT in 
consultation with DHS, appropriate law enforcement, security, 
and terrorism experts, and representatives of public 
transportation agencies and their employees. This new training 
program must be released with appropriate guidance within 90 
days of enactment of this Act. All public transit agencies that 
have received, or are undergoing, security assessments under 
section 103 must develop individual employee training programs 
in accordance with the DOT guidance within 90 days of such 
guidance being issued. The Secretary of Transportation must 
review and approve (or amend) the individual agencies' training 
programs. Within one year of the date of the Secretary's 
approval, each agency must complete training of the employees 
who were employed when the security assessment was performed, 
in accordance with the employee training program.

Section 108. Authorization of appropriations

    This section lists the amounts authorized for the capital 
security assistance program, operational security assistance 
program, and the transit ISAC authorized in section 105 for 
fiscal years 2007, 2008 and 2009. Funds that are appropriated 
pursuant to this authorization shall remain available until 
expended.

            TITLE II--OVER-THE-ROAD BUS SECURITY ASSISTANCE


Section 201. Emergency over-the-road bus security assistance

    This section directs the Secretary of Transportation, 
acting through the Administrator of the Federal Motor Carrier 
Safety Administration (FMCSA), to establish a program for 
making grants to private operators of over-the-road buses for 
system-wide security improvements to their operations. Grants 
are eligible for: construction and modification of terminals, 
garages, and other facilities to improve security; protecting 
or isolating the bus driver; buying equipment that will help 
collect, store or exchange passenger manifests and provide 
informational links with government agencies; training 
employees; hiring and training security officers; installing 
surveillance equipment on buses and in bus facilities; creating 
programs for employee identification or background 
investigations; establishing emergency communications links to 
local law enforcement and emergency responders; and 
implementing passenger screening programs. The Federal share of 
these grants is 80 percent; 20 percent of the grant amount must 
be paid by the bus operator or a state or local funding source. 
Grants are subject to the terms and conditions of the Rural 
Transportation Accessibility Incentive Program under section 
3038 of the Transportation Equity Act for the 21st Century (TEA 
21).
    The FMCSA Administrator is directed to conduct a study of 
industry security priorities, including an assessment of 
critical assets and systems of the nationwide over-the-road bus 
industry; security threats to those assets and systems; 
security weaknesses in those assets and systems; and redundant 
and backup systems required to ensure continued operations. The 
report on this study shall be submitted to the Secretaries of 
Transportation and of Homeland Security, and shall update the 
report on an annual basis. The allocation of grants by DOT, in 
consultation with DHS, shall be based on priorities identified 
in this report.

Section 202. Plan requirement

    Over-the-road bus operators are required to submit to the 
Secretary of Transportation a plan for making security 
improvements authorized in section 201, and such plan must be 
approved by the Secretary before making a security improvement 
grant to an operator. When the Secretary approves security 
improvement plans for an over-the-road bus operator, he may 
consult with the Secretary of Homeland Security. In cases where 
terminals or facilities that are proposed for security 
improvements are owned and operated by a different entity, the 
applicant must demonstrate that such improvements have been 
coordinated with the entity that owns the facility.

Section 203. Over-the-road bus defined

    This section defines an over-the-road bus as a bus 
characterized by an elevated passenger deck located over a 
baggage compartment. Although such buses are often operated by 
public transportation entities, especially for commuter bus 
services, the Committee does not expect such public operators 
to be eligible for grants authorized under this title. Such 
public transportation agencies are eligible for grants under 
title I of this bill, if they are assessed as being at risk for 
terrorist attack.

Section 204. Bus security assessment

    This section requires a preliminary report by the Secretary 
of Transportation to Congress not later than 180 days after 
enactment of this Act on the status of the over-the-road 
security grant program, which shall include an assessment of 
actions that have been taken to address security issues and 
whether additional actions are still needed, and assessments 
of: whether additional legislation is needed, what the economic 
impact of security improvements to the over-the-road bus fleet 
have on that industry, what research has been undertaken on 
over-the-road bus security and whether more is needed, and what 
are the best practices of the industry to enhance security.

Section 205. Funding

    This section authorizes $50 million a year for fiscal years 
2007, 2008 and 2009 to be appropriated to carry out this title. 
Such sums shall remain available until expended.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    The Subcommittee on Highways, Transit and Pipelines held 
hearings on public transportation security on June 22, 2004 and 
on March 29, 2006. The hearings included witnesses from the 
Department of Transportation and the Department of Homeland 
Security, as well as other industry stakeholders (including the 
American Public Transportation Association and the American Bus 
Association).
    The Committee on Transportation and Infrastructure has 
considered and reported similar security grants authorization 
bills twice before. In 2002, the Committee reported and the 
House of Representatives passed H.R. 3429, which authorized 
security grants for over-the-road buses (intercity and charter 
buses). The bill was not considered by the Senate before the 
end of the 107th Congress. In October 2004, the Committee 
reported H.R. 5082, which authorized both over-the-road bus and 
public transportation security grants. This bill was the basis 
for H.R. 5808. The legislative text was updated to reflect the 
provisions of the transit annex to the memorandum of 
understanding between DHS and DOT.
    H.R. 5808 was introduced on July 17, 2006 by 
Representatives Young, Petri, Oberstar and DeFazio and was 
referred to the Committee on Transportation and Infrastructure. 
The Committee on Transportation and Infrastructure met in open 
markup session on July 19, 2006, and discharged the 
Subcommittee on Highways, Transit andPipelines from 
consideration of the bill. A manager's amendment was offered by 
Subcommittee Chairman Petri, which added a new eligible expense for 
capital grants and clarified that the allocation of security grant 
funds among transit systems will be prioritized based on risk, 
consequences, vulnerability, and threat. H.R. 5808 was ordered 
favorably reported, as amended, and was approved by voice vote.

                             ROLLCALL VOTES

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no rollcall votes in subcommittee or full committee 
consideration of H.R. 5808.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are for 
the Secretary of Transportation to award grants to public 
transportation agencies and over-the-road bus operators to 
improve security, in a manner consistent with the 
recommendations of the Final Report of the National Commission 
on Terrorist Attacks upon the United States (the 9/11 
Commission Report).
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
5808 from the Director of the Congressional Budget Office.

                       Congressional Budget Office,
                                             U.S. Congress,
                                   Washington, DC, August 17, 2006.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5808, the Public 
Transportation Security Assistance Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Gregory 
Waring.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

H.R. 5808--Public Transportation Security Assistance Act of 2006

    Summary: H.R. 5808 would authorize the Secretary of 
Transportation to provide grants to transit agencies to improve 
the security of transit systems and grants to operators of 
over-the-road buses to improve the security of buses and bus 
terminals. (Over-the-road buses are characterized by an 
elevated passenger deck above a baggage compartment.) The bill 
also would authorize the Secretary to cover the costs of the 
Information Sharing and Analysis Center (ISAC) for Public 
Transportation. For these activities, H.R. 5808 would authorize 
the appropriation of about $3.5 billion over the 2007-2009 
period. Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 5808 would cost nearly $3 
billion over the 2007-2011 period and more than $500 million 
after 2011. CBO estimates that enacting the legislation would 
not affect direct spending or revenues.
    In addition to authorizing appropriations for grants and 
for the ISAC, the bill would require the Department of 
Transportation (DOT) to assess the security of over-the-road 
bus facilities, report to the Congress on the use of the grants 
for transit security, and issue guidelines for training transit 
employees to respond to threats. Assuming the appropriation of 
the necessary amounts, CBO estimates that implementing these 
provisions would cost about $1 million each year over the 2007-
2009 period.
    H.R. 5808 contains an intergovernmental mandate as defined 
in the Unfunded Mandates Reform Act (UMRA), but CBO estimates 
that the cost imposed on public transit agencies would be small 
and would not exceed the threshold established in UMRA ($64 
million in 2006, adjusted annually for inflation). The bill 
would authorize more than $3 billion in grants over three years 
for which public transit agencies would be eligible to apply. 
This bill contains no new private-sector mandates as defined in 
UMRA.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 5808 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2007    2008    2009    2010    2011
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Capital Security Grants
    Authorization Level.........     775     825     880       0       0
    Estimated Outlays...........     116     356     535     545     393
Operational Grants
    Authorization Level.........     400     300     200       0       0
    Estimated Outlays...........     200     470     210      20       0
Bus Security Grants
    Authorization Level.........      50      50      50       0       0
    Estimated Outlays...........       8      23      33      33      24
ISAC for Public Transportation
    Authorization Level.........       1       1       1       0       0
    Estimated Outlays...........       1       1       1       0       0
Assessments, Reports, and
 Guidance
    Estimated Authorization            1       1       1       0       0
     Level......................
    Estimated Outlays...........       1       1       1       0       0
Total Changes
    Estimated Authorization        1,227   1,177   1,132       0       0
     Level......................
    Estimated Outlays...........     326     851     780     598     417
------------------------------------------------------------------------
Note: ISAC = Information Sharing and Analysis Center.

    Basis of estimate: H.R. 5808 would authorize the Secretary 
of Transportation to provide grants to transit agencies and 
operators of over-the-road buses for security-related 
activities. The bill also would authorize the Secretary to 
cover the costs of the ISAC for Public Transportation. Finally, 
the bill also would require the government to conduct security 
assessments, report on grant activities, and issue guidance for 
a security training program.
    For this estimate, CBO assumes H.R. 5808 will be enacted 
near the start of fiscal year 2007 and that the authorized and 
estimated amounts will be appropriated for each year. Estimates 
of spending are based on information from DOT and historical 
spending patterns of similar programs.

Security grants

    H.R. 5808 would authorize the appropriation of almost $2.5 
billion over the 2007-2009 period for grants to transit 
agencies for capital investments to improve the security of 
transit systems. The bill would authorize the appropriation of 
another $900 million over the same period for grants to transit 
agencies for operational improvements to security such as 
training, conducting emergency drills, or public awareness 
campaigns. Finally, the bill would authorize the appropriation 
of $150 million over the same period for grants to operators of 
over-the-road buses for improvements to the security of their 
buses and bus terminals. Assuming appropriation of the 
authorized amounts, CBO estimates these provisions would cost 
nearly $3 billion over the 2007-2011 period and more than $500 
million after 2011.

ISAC for public transportation

    The ISAC for Public Transportation distributes information 
to public transit agencies on security threats and helps 
transit agencies share security-related information. H.R. 5808 
would authorize the appropriation of $1 million for each year 
over the 2007-2009 period for the Secretary of Transportation 
to cover the costs of the ISAC. Assuming appropriation of the 
authorized amounts, CBO estimates that implementing this 
provision would cost $3 million over the 2007-2009 period.

Assessments, reports, and guidance

    H.R. 5808 would require DOT to assess the security of over-
the-road bus facilities. The bill also would require the 
department to report to the Congress on the use of the grants 
for transit security. Finally, the bill would require the 
department to issue guidelines for training transit employees 
to respond to threat conditions. Assuming appropriation of the 
necessary amounts, CBO estimates that implementing these 
provisions would cost about $1 million each year over the 2007-
2009 period.
    Estimated impact on State, local, and tribal Governments: 
H.R. 5808 contains an intergovernmental mandate as defined in 
UMRA because it would require certain public transportation 
agencies--as determined by the Secretary of Homeland Security--
to participate in the Information Sharing and Analysis Center 
for Public Transportation. The bill would authorize $1 million 
for fiscal years 2007 through 2009 to support the ISAC, but 
public transit agencies might incur some administrative costs 
to participate. CBO estimates that such costs would be small 
and would be well below the threshold established in UMRA ($64 
million in 2006, adjusted annually for inflation).
    Eligible public transit agencies also would benefit from 
more than $3 billion in grants authorized by the bill to 
upgrade transit security. Any requirements associated with 
those grants would be conditions of receiving federal 
assistance.
    Estimated impact on the private sector: This bill contains 
no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On December 5, 2005, CBO transmitted 
a cost estimate for S. 2032, the Public Transportation 
Terrorism Prevention Act of 2005, as ordered reported by the 
Senate Committee on Banking, Housing, and Urban Affairs on 
November 16, 2005. S. 2032 would authorize appropriations for 
grants to public transportation agencies for improvements to 
capital and operational security and would authorize grants for 
research to improve security. The bill did not provide a 
separate and specific authorization of appropriations for 
grants for bus security. CBO estimated that implementing S. 
2032 would cost about $2.8 billion over the 2006-2010 period 
and about $700 million after 2010, assuming the appropriation 
of the necessary amounts.
    Estimate prepared by: Federal Costs: Gregory Waring. Impact 
on State, Local, and Tribal Governments: Sarah Puro. Impact on 
the Private Sector: Fatimot Ladipo.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 5808 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 5808 makes no changes in existing law.

                                  
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