49–006 

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; 


PWALKER on PRODPC60 with HEARING
2 

(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.—


PWALKER on PRODPC60 with HEARING
3 

(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 


PWALKER on PRODPC60 with HEARING
4 

(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 


PWALKER on PRODPC60 with HEARING
5 

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. 


PWALKER on PRODPC60 with HEARING
6 

(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 recVerDate Aug 31 2005 01:53 Sep 16, 2006 Jkt 049006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR662.XXX HR662

PWALKER on PRODPC60 with HEARING
7 

ommendations 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: 


PWALKER on PRODPC60 with HEARING
8 

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 esVerDate Aug 31 2005 01:53 Sep 16, 2006 Jkt 049006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR662.XXX HR662

PWALKER on PRODPC60 with HEARING
9 

tablished 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 overthe-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 


PWALKER on PRODPC60 with HEARING
10 

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 


PWALKER on PRODPC60 with HEARING
11 

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 


PWALKER on PRODPC60 with HEARING
12 

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, 


PWALKER on PRODPC60 with HEARING
13 

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 


PWALKER on PRODPC60 with HEARING
14 

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 and Pipelines 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. 


PWALKER on PRODPC60 with HEARING
15 

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 overthe-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. 


PWALKER on PRODPC60 with HEARING
16 

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 Level ....................................................................... 1 1 1 0 0 

Estimated Outlays .......................................................................................... 1 1 1 0 0 

Total Changes 

Estimated Authorization Level ....................................................................... 1,227 1,177 1,132 0 0 


PWALKER on PRODPC60 with HEARING
17 

By fiscal year, in millions of dollars—

2007 2008 2009 2010 2011 

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-theroad 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 


PWALKER on PRODPC60 with HEARING
18 

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. 


PWALKER on PRODPC60 with HEARING
19 

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. 

Æ 


PWALKER on PRODPC60 with HEARING