[Senate Report 110-32]
[From the U.S. Government Publishing Office]
Calendar No. 69
110th Congress Report
SENATE
1st Session 110-32
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PUBLIC TRANSPORTATION TERRORISM PREVENTION ACT OF 2007
_______
March 5, 2007.--Ordered to be printed
_______
Mr. Dodd, from the Committee on Banking, Housing, and Urban Affairs,
submitted the following
R E P O R T
[To accompany S. 763]
The Committee on Banking, Housing and Urban Affairs which
considered the original bill (S. 763) to provide the resources
to protect public transportation from terrorism, having
considered the same, reports favorably thereon and recommends
that the original bill do pass.
INTRODUCTION
On February 8, 2007, the Senate Committee on Banking,
Housing and Urban Affairs considered a Committee Print
entitled, ``The Public Transportation Terrorism Prevention Act
of 2007,'' a bill to provide the resources to better protect
public transportation from terrorism. The Committee passed the
bill by voice vote.
PURPOSE OF THE LEGISLATION
Public transit has been a consistent target for terrorist
attacks throughout the world. Current resources dedicated to
protecting transit systems from terrorist attack are
inadequate. The purpose of this legislation is to provide
additional resources, distributed on the basis of risk,
directly to public transit systems to better protect against
terrorist attacks and mitigate the damage from any attack.
HEARINGS
The Committee heard testimony in the 110th Congress on
January 18, 2007 regarding transit security. The witnesses
testifying were: The Honorable Dannel Malloy, Mayor of
Stamford, Connecticut and a member of the Executive Committee
of the U.S. Conference of Mayors; Mr. William (Bill) Millar,
President of the American Public Transit Association (APTA);
Mr. Warren George, President of the Amalgamated Transit Union
(ATU); Mr. Aurelio Garrido, Operational Director of Metro
Madrid and the Secretary General of the Association of Latin
American Metros and Subways (ALAMYS); and Mr. Tim O'Toole,
Managing Director of Transport, City of London.
The Committee also held hearings in the 107th Congress. On
October 4, 2001 the Housing and Transit Subcommittee conducted
a hearing entitled, ``Transit Safety in the Wake of September
11th.'' The witnesses testifying were: The Honorable Jennifer
L. Dorn, Federal Transit Administrator, Department of
Transportation; Mr. William W. Millar, President, APTA; Mr.
Richard White, General Manager, Washington Metropolitan Area
Transit Authority; and Mr. Robert A. Molofsky, General Counsel,
ATU. On September 18, 2002, the Subcommittee on Housing and
Transit conducted a hearing entitled, ``Transit Security: One
Year Later''. The witnesses testifying were: The Honorable
Jennifer L. Dorn, Federal Transit Administrator, Department of
Transportation; and Peter Guerrero, Director of Physical
Infrastructure, General Accounting Office.
PREVIOUS COMMITTEE ACTION
In the 109th Congress, on November 16, 2005, the Committee
passed ``The Public Transportation Terrorism Prevention Act of
2005.'' In the 108th Congress, on May 6, 2004, the Committee
passed ``The Public Transportation Terrorism Prevention Act of
2004.'' Both bills passed unanimously.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1: Short title
The section provides a short title.
Section 2: Findings of the Congress
The findings illustrate the importance of public transit to
our nation and the significant investment that the Federal
government has made to these public transit systems. They also
detail the current level of transit security investment as
compared to that for aviation. The point of noting this
disparity is to highlight that there has been too little
investment in protecting our transit systems.
Section 3: Security assessments
This section requires security assessments conducted by the
Federal Transit Administration to be turned over to the
Department of Homeland Security within 30 days. DHS shall then
augment these assessments with their own information. For each
transit agency on which DHS has conducted an assessment, they
shall also augment their assessment with direct consultation
with both management and employee representatives of the
transit system and relevant State and local officials. These
assessments shall be the basis for establishing security
improvements for each transit system. Security assessment
information shall also be used to establish a process for
developing security guidelines and designing a security
strategy that minimizes the potential for terrorist threats and
maximizes efforts to mitigate damage from attacks. The
assessments and the security improvements will be the basis for
the grant allocations. The assessments and identified security
improvements are to be updated on an annual basis.
Section 4: Security assistance grants
Grants shall be awarded directly to public transportation
agencies for allowable capital and operating security
improvement priorities. Allowable capital grants include, but
are not limited to, tunnel protection systems, perimeter
protection systems, fire protection equipment and closed
circuit television monitoring systems. Allowable operating
grants include, but are not limited to, security training for
transit employees through qualified training programs,
including the programs offered by the Transportation Technology
Center in Pueblo, Colorado. Overtime reimbursement for enhanced
security personnel during significant national and
international events, which could include events like
presidential inaugurations, meeting of international political
or policy bodies, international sporting events (Olympics), or
other major events that are potential targets for terrorist
attacks are also eligible for operating grants. The purchase
and training of canine patrols are considered capital expenses,
while the use of these patrols are covered by operating
assistance. Both are eligible under the program.
The Secretary of the Department of Homeland Security shall
ensure that the Department's actions are consistent with
relevant State Homeland Security Plans. Where there are multi-
state transportation systems, the Secretary must consider the
risks of the entire system when it crosses state lines when
awarding grants. No later than three days before the award of a
grant, the Secretary must notify the Congress of the intent to
award such a grant. Public transportation agencies must
identify a security coordinator to develop a plan to operate
and maintain equipment purchased with grant funds. They must
also report annually to the Secretary on the use of grant funds
received under this section. If the Secretary determines that
grant funds were misspent, the grantee shall return grant funds
to the Treasury of the United States.
Section 5: Public transportation security training program
The Committee finds that the value of worker training is
substantial and that each transit agency who receives a grant
under this legislation shall be required to train its workers.
The section details how the Secretary, in consultation with
appropriate officials, shall develop and issue detailed
regulations for a public transportation worker security
training program. Public transportation agencies who receive
security funding must develop a comprehensive worker training
program and submit it to the Secretary for approval. The
Secretary must review the program and make necessary revisions.
No later than one year after the plan has been established and
reviewed, the public transportation system must complete the
training of all workers. The Secretary shall report to the
Congress on the training program and update it as necessary.
Section 6: Intelligence sharing
The Secretary shall provide sufficient financial assistance
for the reasonable costs of the Information Sharing and
Analysis Center for Public Transportation (ISAC). All transit
agencies are encouraged to participate in the ISAC and those
that the Secretary deems to be at significant risk shall be
required to participate. No transit agency shall be charged a
fee to participate in the ISAC, to prevent cost from being a
reason for an agency not to participate.
Section 7: Research, development, and demonstration grants and
contracts
The Secretary, through the Homeland Security Advanced
Research Projects Agency, and in consultation with the Federal
Transit Administration, shall award grants to public and
private entities to conduct appropriate research into
technologies or methods of deterring and mitigating the effects
of terrorist attacks. The Secretary must report to the Congress
on the use of these funds and if the Secretary determines that
grant funds were misspent, the grantee shall return grant funds
to the Treasury of the United States.
Section 8: Reporting requirements
The Secretary must submit a semi-annual report to the
Committee on Banking, Housing and Urban Affairs, the Committee
on Homeland Security and Governmental Affairs and the Committee
on Appropriations, on the implementation of the program, the
use of funds and the state of public transportation security in
the United States. The Secretary must submit an annual report
to the Governor of each State with a public transportation
agency that has received a grant regarding the amount and use
of such grant funds.
Section 9: Authorization of appropriations
This section details the size of the Capital Security
Assistance Program, Operational Security Assistance Program and
Research Program for each of the three fiscal years that the
bill authorizes grants. The higher initial operating grants
reflect the need to conduct initial worker training. The
increasing capital grants will allow systems to more adequately
address their more capital intensive needs. The section also
authorizes necessary sums for the intelligence sharing program
(ISAC) described in section 6. It is the Committee's
understanding that funding the ISAC will be on the order of
well less than a million dollars a year.
Section 10: Sunset provision
This section sunsets the authorization to make grants on
October 1, 2011.
February 22, 2007.
Hon. Christopher J. Dodd,
Chairman, Committee on Banking, Housing, and Urban Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for the Public
Transportation Terrorism Prevention Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 763--Public Transportation Terrorism Prevention Act of 2007
Summary: The Public Transportation Terrorism Prevention Act
of 2007 would authorize the Department of Homeland Security
(DHS) to provide $3.5 billion in grants over the 2008-2010
period to public transportation agencies to improve the
security of transit systems, and grants and contracts to public
and private entities to study methods of deterring terrorist
attacks against transit systems and mitigating damages from
such attacks. Assuming appropriation of the amounts specified
in the bill for those grants, CBO estimates that implementing
those provisions would cost about $2.9 billion over the 2007-
2012 period and about $570 million after 2012.
In addition to authorizing appropriations for grants, the
bill would require DHS to create a public transportation
training program, review security assessments submitted by
public transportation agencies, assess the security of bus and
rural transportation systems, and report to the Congress and to
the governor of each state on the use of the grants for
security improvements. Finally, the legislation would authorize
grants for the Information Sharing and Analysis Center (ISAC)
for Public Transportation. Assuming appropriation of the
necessary amounts, CBO estimates that implementing those
provisions would cost about $5 million each year over the 2008-
2012 period.
The bill contains an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA), but CBO estimates
that the costs to public transportation agencies would be
minimal and would not exceed the threshold established in UMRA
($66 million in 2007, adjusted annually for inflation). The
legislation contains no new private-sector mandates as defined
in UMRA.
Estimated cost to the Federal Government: The estimated
budgetary impact of the legislation is shown in the following
table. The costs of this legislation fall within budget
function 400 (transportation).
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By fiscal year, in millions of dollars--
-----------------------------------------------------
2007 2008 2009 2010 2011 2012
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Capital Security Assistance Grants:
Authorization Level................................... 0 536 772 1,062 0 0
Estimated Outlays..................................... 0 80 277 498 533 393
Operational Security Assistance Grants:
Authorization Level................................... 0 534 333 133 0 0
Estimated Outlays..................................... 0 401 357 193 43 7
Research Grants and Contracts:
Authorization Level................................... 0 30 45 55 0 0
Estimated Outlays..................................... 0 8 25 43 38 17
Information Sharing and Analysis Center (ISAC) for Public
Transportation:
Estimated Authorization Level......................... 1 1 1 1 1 1
Estimated Outlays..................................... 1 1 1 1 1 1
Guidance, Assessments, and Reports:
Estimated Authorization Level......................... 4 4 4 4 4 4
Estimated Outlays..................................... 2 4 4 4 4 4
Total Changes:
Estimated Authorization Level......................... 5 1,105 1,155 1,255 5 5
Estimated Outlays..................................... 3 494 663 739 640 421
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Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in fiscal year 2007 and that the
authorized amounts will be appropriated for each year.
Estimates of spending are based on information from the ISAC
for Public Transportation and historical spending patterns of
similar programs.
Capital security assistance grants
The bill would authorize the appropriation of $536 million
for 2008, $772 million for 2009, and $1,062 million in 2010 for
grants to public transportation agencies for capital security
assistance grants to improve the security of their transit
systems. This would include funds for tunnel and perimeter
protection; surveillance, communications, and emergency
response equipment; chemical, biological, radiological, and
explosive detection systems; and evacuation improvements.
Assuming appropriation of the authorized amounts, CBO estimates
that implementing those provisions would cost about $80 million
in 2008 and about $1.8 billion over the 2008-2012 period.
Operational security assistance grants
The bill would authorize the appropriation of $534 million
for 2008, $333 million for 2009, and $133 million in 2010 for
grants to public transportation agencies for operational
security improvements to improve the security of their transit
systems. This would include funds for security training and
emergency drills. Assuming appropriation of the authorized
amounts, CBO estimates implementing those provisions would cost
$401 million in 2008 and $1 billion over the 2008-2012 period.
Research grants
The legislation would authorize the appropriation of $30
million for 2008, $45 million for 2009, and $55 million in 2010
for grants or contracts to public and private entities to
research methods of deterring terrorist attacks against public
transportation systems and mitigating damages from such
attacks. Research projects could include studying chemical,
biological, radiological, or explosive detection systems, or
conducting product evaluations and testing. Assuming
appropriation of the authorized amounts, CBO estimates that
providing those grants would cost $8 million in 2008 and $130
million over the 2008-2012 period.
ISAC for public transportation
The ISAC for Public Transportation (a private entity)
distributes information to public transportation agencies on
security threats and helps transit agencies share security-
related information. The bill would require the Secretary of
Homeland Security to cover the costs of the ISAC. Based on
information from the ISAC and assuming appropriation of the
necessary amounts, CBO estimates that implementing this
provision would cost about $1 million each year beginning in
2007.
Guidance, assessments, and reports
The legislation would require DHS to review all security
assessments submitted by public transportation agencies,
evaluate the security of bus and rural public transportation
systems, establish a public transportation training program,
and report to the Congress and to the governor of each state on
the use of the grants for security improvements. Based on
information from DHS and assuming appropriation of the
necessary amounts, CBO estimates that implementing those
provisions would cost $2 million in 2007 and about $4 million
each year over the 2008-2012 period.
Estimated impact on state, local, and tribal governments:
The bill contains an intergovernmental mandate as defined in
UMRA. Section 6 would require certain public transportation
agencies to participate in the ISAC. While the Department of
Homeland Security would fund the ISAC, the requirement on
certain public transportation agencies to participate in the
ISAC would constitute a mandate as defined in UMRA. Since most
public transportation agencies that could be at significant
risk of a terrorist attack already participate in the ISAC, CBO
estimates that the additional costs to public transportation
agencies would be minimal and would not exceed the threshold
established in UMRA ($66 million in 2007, 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: The legislation
contains no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Matthew Pickford.
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.