[House Report 108-746]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-746
======================================================================
PUBLIC TRANSPORTATION TERRORISM PREVENTION AND RESPONSE ACT OF 2004
_______
October 6, 2004.--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. 5082]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5082) to authorize the Secretary of
Transportation to award grants to public transportation
agencies and over-the-road bus operators to improve security,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends 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 Terrorism
Prevention and Response Act of 2004''.
TITLE I--PUBLIC TRANSPORTATION SECURITY
SEC. 101. FINDINGS; PURPOSE; PUBLIC TRANSPORTATION DEFINED.
(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) 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 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 award 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).
(c) Public Transportation Defined.--In this title, the term ``public
transportation'' has the meaning given such term in section 5302(a) of
title 49, United States Code.
SEC. 102. 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 for security
improvements from the Department of Transportation 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. 103. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--The Federal Transit Administration of the
Department of Transportation shall submit all public
transportation security assessments conducted by the Federal
Transit Administration and all other relevant information to
the Department of Homeland Security.
(2) Review.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of
Transportation and the Secretary of Homeland Security
shall review and modify, as appropriate, the security
assessments received under paragraph (1).
(B) Components.--In conducting the reviews, the
Secretaries shall ensure that the assessment of each
public transportation system identifies--
(i) the critical assets of the system;
(ii) threats to those assets;
(iii) security weaknesses in the system and
its assets;
(iv) redundant and backup systems required to
ensure the continued operation of critical
elements of the system in the event of an
attack or other incident; and
(v) 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.
(3) Allocations.--
(A) In general.--The Secretary of Transportation
shall allocate grants under section 104 among public
transportation agencies receiving an assessment
referred to in paragraph (1) based on the results of
the assessment, as modified under paragraph (2).
(B) 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 of Transportation may adjust
grant allocations under this paragraph if the Secretary
determines that the adjustment is necessary to respond
to an urgent threat or other significant factors.
(4) Security improvement priorities.--The Secretary of
Transportation shall establish security improvement priorities,
in consultation with the management and employee
representatives of each public transportation system receiving
an assessment. Such priorities shall apply to funds provided to
a public transportation agency under section 104.
(5) Updates.--The Secretary of Transportation and the
Secretary of Homeland Security shall update the assessments
referred to in this subsection at least once every 3 years and
may conduct additional assessments of public transportation
agencies considered to be at greatest risk of a terrorist
attack.
(b) Use of Assessment Information.--The Secretary of Transportation
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.
SEC. 104. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Transportation shall award
grants directly to public transportation agencies for allowable
capital security improvements.
(2) Priorities.--A public transportation agency receiving a
grant under this subsection shall use the grant to fund
projects based on the priorities established under section
103(a)(4).
(3) 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) inspection technology;
(G) communications equipment;
(H) emergency response equipment;
(I) fire suppression and decontamination equipment;
(J) global positioning or automated vehicle locator
type system equipment;
(K) evacuation improvements; and
(L) other capital security improvements.
(4) 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 of Transportation shall award
grants directly to public transportation agencies for allowable
operational security improvements.
(2) Priorities.--A public transportation agency receiving a
grant under this subsection shall use the grant to fund
projects based on the priorities established under section
103(a)(4).
(3) 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 employees, 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 103(a)(4); and
(F) other appropriate security improvements
identified under section 103(a)(4), including hiring
additional security personnel determined necessary
under section 103(a)(4), but excluding routine, ongoing
personnel costs.
(4) 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) 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.
(d) Grant Requirements.--Except as otherwise specifically provided in
this Act, 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 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 Transportation 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 Transportation--
(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, 2006, the Secretary of
Transportation 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.--Based on security assessments and updates conducted
under section 103, 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 of Transportation, 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 security assessment under section 103 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 at least with respect to the employees of the agency
identified in the agency's security assessment under section
103.
(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 2005;
(2) $825,000,000 for fiscal year 2006; and
(3) $880,000,000 for fiscal year 2007.
(b) Operational Security Assistance Program.--There is authorized to
be appropriated to carry out section 104(b)--
(1) $400,000,000 for fiscal year 2005;
(2) $300,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
(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 2005 through 2007.
(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) Reimbursement.--
(1) In general.--A grant under this section may be used to
provide reimbursement to private operators of over-the-road
buses for extraordinary security-related costs for improvements
described in paragraphs (1) through (9) of subsection (a),
determined by the Secretary to have been incurred by such
operators since September 11, 2001.
(2) Limitation.--Not more than 20 percent of the amounts
appropriated for a fiscal year to carry out this title may be
used to provide reimbursements under this subsection.
(c) Federal Share.--The Federal share of the cost for which any grant
is made under this section shall be 80 percent.
(d) Due Consideration.--In making grants under this section, the
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation
security from those in effect before September 11, 2001.
(e) 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).
(f) 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 private over-the-road bus operators and
their trade association representatives.
(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.
(g) 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 (f)(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 2005 through 2007. Such sums shall remain available until
expended.
PURPOSE OF THE LEGISLATION
H.R. 5082 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 Report).
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. On March 11, 2004, four separate bombs
detonated on three commuter trains traveling toward Madrid,
Spain, killing 198 people. Transit systems have been popular
targets of terrorist attacks worldwide. From 1991 to 2001, 42
percent of all terrorist incidents were carried out on rail
systems or buses. 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.
In the U.S., there are 6,000 public transportation agencies
that provide 9.4 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, go
shopping, visit medical facilities, or go out for an evening's
entertainment. By comparison, the U.S. aviation industry serves
1.8 million daily passengers; Amtrak serves only about 63,000
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 two years (fiscal years 2002 and
2003), there was $11 billion spent on aviation security, an
average of $9.16 was spent per passenger. In fiscal years 2003
and 2004, only $115 million was provided by the Department of
Homeland Security for transit security grants, an average of
\6/10\ 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 has provided $68.7 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 Final Report of the
National Commission on Terrorist Attacks upon the United States
(the 9/11 Commission Report). Although the 9/11 Commission
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 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 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, $35 million ($15
million in fiscal year 2002, $10 million in fiscal year 2003,
and $10 million in fiscal year 2004). However, Congress has not
successfully authorized the grants program to date, 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.
For fiscal years 2005 through 2007, H.R. 5082 as reported
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 title as the ``Public
Transportation Terrorism Prevention and Response Act of 2004.''
TITLE I--PUBLIC TRANSPORTATION SECURITY
Section 101. Findings; purpose; public transportation defined
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. The section also defines public transportation as
havingthe 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, or sightseeing
transportation.
Section 102. Memorandum of understanding
This section directs that within 45 days of enactment of
this Act, the Secretary of Transportation shall enter into a
memorandum of understanding (MOU) with the Secretary of
Homeland Security to define and clarify the public
transportation security roles and responsibilities of the
respective departments. The Department of Homeland Security
(DHS) maintains authority over the Transportation Security
Administration (TSA), which was vested in section 114(d) of the
Aviation and Transportation Security Act (P.L. 107-71) with
lead responsibility ``for security in all modes of
transportation, including * * * security responsibilities over
other modes of transportation that are exercised by the
Department of Transportation.'' However, the roles and
responsibilities of TSA, other offices within DHS, and the
Department of Transportation (DOT) regarding public
transportation security implementation and oversight have not
been clearly defined by the administration. As a result, there
is a strong sense among the transit community and other
stakeholder groups that there is not consistent, risk-based
management of public transportation security issues,
particularly in the allocation of security improvement grants
funding.
It is the Committee's position that transportation grants
programs must be authorized to the agency most capable of
efficient and effective grants management. Thus, this grants
authorization bill designates DOT as the lead department
(acting through the Federal Transit Administration for public
transportation grants and through the Federal Motor Carrier
Safety Administration for over-the-road bus grants). However,
the Committee recognizes that DHS has jurisdiction for security
in all modes of transportation. So it is necessary that the
specific roles and responsibilities of DOT and DHS be formally
established in a legal document, such as an MOU. This will be
the basis for a more effective and functional relationship
between the two departments in a manner that effectively
improves public transportation and over-the-road bus security.
Section 103. Security assessments
In the months immediately following September 11, 2001, the
Federal Transit Administration (FTA) deployed an aggressive,
nationwide security program. The agency performed vulnerability
assessments of the 37 largest transit systems. This section
directs FTA to submit the original assessments, which are now
more than two years old, to DHS. Using this base of the 37
largest transit systems, DHS and DOT are directed to jointly
review and modify, as appropriate, these security assessments.
Under section 103(a)(5), the two departments are authorized to
conduct additional assessments of other public transportation
agencies beyond the original group of systems, if they are
considered to be at a high risk of terrorist attack. The
assessments are to include identifications of: the critical
assets of the system; threats to those assets; security
weaknesses in the system; redundant and backup systems required
to ensure continued operations; and the extent to which transit
employees have received adequate security training. The
Secretary of Transportation is directed to establish security
improvement priorities for each agency receiving an assessment,
based on the agency's specific security needs. On a national
basis, the assessment information shall be used to establish a
process for developing industry-wide security guidelines; and
design security improvement strategies that minimize the threat
of attacks and that mitigate damage from attacks. These
assessments are to be updated at least once every three years.
The allocation of security grant funds is managed by the
Secretary of Transportation. Only agencies that have received
an assessment are eligible for grants, although allocations of
funds may be adjusted if an urgent threat or other significant
factors deem such adjustment necessary.
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 (including verified visual inspection
technologies using handheld readers and discs); communications
equipment; emergency response equipment; fire suppression and
decontamination equipment; vehicle locator equipment;
evacuation improvements; and other capital security
improvements. Operational security grants require a 50 percent
local or state match. They are available for security training
of transit employees; live or simulated drills; 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. 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
This section requires the Secretary of Homeland Security to
ensure that DOT receives appropriate and timely notification of
all credible terrorist threats against public transportation
assets in the United States. 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. Currently, FTA funds the intelligence sharing and
analysis center (ISAC) for transit, which is managed under
contract by the American Public Transportation Association
(APTA). This section directs the Secretary of Transportation 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, 2006 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 2005, 2006 and 2007. 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. Up to 20 percent of
a grant amount may be used for reimbursement to private
operators for extraordinary security improvement costs that
have already been incurred by the operators since September 11,
2001. 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
2005, 2006 and 2007 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 a
hearing on public transportation security on June 22, 2004. The
hearing involved 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 main text of title II of this bill has been previously
introduced and reported by the Committee on Transportation and
Infrastructure in the 108th Congress. H.R. 875 was reported by
the Committee in March 2003, but was not scheduled for floor
consideration. Because time has passed and the authorizations
have become outdated, the bill has been updated to authorize
funds for fiscal years 2005 through 2007, and makes the grants
more risk-based to reflect the recommendations of the 9/11
Commission Report.
H.R. 5082 was introduced by Messrs. Young, Oberstar, Petri,
Lipinski, Shuster, and Menendez on September 15, 2004. The bill
was referred to the Committee on Transportation and
Infrastructure. The Subcommittee on Highways, Transit and
Pipelines reported H.R. 5082 to the full committee without
amendment by voice vote on September 28, 2004. The Committee on
Transportation and Infrastructure met in open markup session on
September 29, 2004 and approved H.R. 5082 as amended by an
amendment in the nature of a substitute offered by Mr. Petri.
The bill 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 roll call 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 roll call votes in subcommittee or full committee
consideration of H.R. 5082.
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.
5082 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 5, 2004.
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. 5082, the Public
Transportation Terrorism Prevention and Response Act of 2004.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Rachel
Milberg, who can be reached at 226-2860.
Sincerely,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 5082--Public Transportation Terrorism Prevention and Response Act
of 2004
Summary: H.R. 5082 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. 5082 would authorize
the appropriation of $3.5 billion over the 2005-2007 period.
Assuming appropriation of the authorized amounts, CBO estimates
that implementing H.R. 5082 would cost almost $3 billion over
the 2005-2009 period and about $500 million after 2009.
In addition to authorizing appropriations for grants and
for the ISAC, the bill would require the Department of
Transportation to assess the security of transit systems and
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 threat conditions.
Assuming appropriation of the necessary amounts, CBO estimates
that implementing these provisions would cost about $1 million
each year over the 2005-2007 period.
CBO estimates that enacting the legislation would not
affect direct spending or revenues.
H.R. 5082 contains intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA), because it would
require certain public transportation agencies to participate
in an information clearinghouse and to conduct security
training of employees. COB cannot estimate the aggregate costs
of these requirements, but based on government and industry
sources, we expect that they would exceed the threshold
established in that act ($60 million in 2004, adjusted annually
for inflation) in at least one of the first five years after
enactment. The bill would authorized appropriations of funds to
cover these costs. The legislation contains no private-sector
mandates.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 5082 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in million of dollars--
-------------------------------------------------
2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................. 1,227 1,177 1,132 0 0
Estimated Outlays............................................. 272 633 877 760 443
----------------------------------------------------------------------------------------------------------------
Basis of estimate: H.R. 5082 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 training program.
For this estimate, CBO assumes H.R. 5082 will be enacted in
early fiscal year 2005 and that the authorized amounts will be
appropriated for each year. Estimates of spending are based on
information from the Department of Transportation and
historical spending patterns of similar programs.
Security grants
H.R. 5082 would authorize the appropriation of about $2.5
billion over the 2005-2007 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, 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 almost $3
billion over the 2005-2009 period and about $500 million after
2009.
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. 582
would authorize the appropriation of $1 million for each year
over the 2005-2007 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 2005-2007 period.
Assessments, reports, and guidance
H.R. 5082 would require the Department of Transportation to
assess the security of transit systems and 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 2005-2007 period.
Estimated impact on state, local, and tribal governments:
Section 105 would require public transportation agencies that
the Secretary of Homeland Security determines to be at
significant risk of terrorist attack to participate in the
Information Sharing and Analysis Center for Public
Transportation. Section 107 would require public transportation
agencies that are subject to security assessments to develop
and train employees on security procedures. Those requirements
are intergovernmental mandates as defined in UMRA. CBO cannot
estimate the costs of meeting these requirements primarily
because the security assessments have not been completed and it
is not clear how many agencies would have to conduct employee
training. Based on government and industry sources, however, we
expect that those costs likely would exceed the threshold as
defined in UMRA ($60 million in 2004, adjusted annually for
inflation) in at least one of the first five years after
enactment. The bill would authorize appropriations of funds to
cover these costs.
Public transportation agencies also would benefit from
grants to upgrade transit security; any requirements would be
conditions of receiving federal assistance.
Estimated impact on the private sector: H.R. 5082 contains
no private-sector mandates as defined in UMRA.
Previous CBO estimate: On May 27, 2004, CBO transmitted a
cost estimate for the Public Transportation Terrorism
Prevention Act of 2004 as ordered reported by the Senate
Committee on Banking, Housing, and Urban Affairs on May 6,
2004. The Senate version of this bill would authorize the
appropriation of $5.2 billion for grants to transit agencies to
improve the security of their systems, but it would not
authorize grants to operators of over-the-road buses. The cost
estimates reflect these differences.
On May 22, 2003, CBO transmitted a cost estimate for S.
929, the Max Cleland Over-the-Road Bus Security and Safety Act
of 2003, as ordered reported by the Senate Committee on
Commerce, Science, and Transportation on May 1, 2003. S. 929
would authorize the appropriation of $124 million for grants to
operators of over-the-road buses to improve the security of
their facilities, but it would not authorize grants to transit
agencies. The cost estimates reflect these differences.
On May 10, 2003, CBO transmitted a cost estimate for H.R.
875, the Over-the-Road Bus Security and Safety Act of 2003, as
ordered reported by the House Committee on Transportation and
Infrastructure on Febuary 26, 2003. H.R. 875 would authorize
the appropriation of $99 million for grants to operators of
over-the-road buses to improve the security of their
facilities, but it would not authorize grants to transit
agencies. The cost estimates reflect these differences.
Estimate prepared by: Federal Costs: Rachel Milberg; Impact
on State, Local, and Tribal Governments: Greg Waring; and
Impact on the Private Sector: Jean Talarico.
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. 5082 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. 5082 makes no changes in existing law.