II 

Calendar No. 299 

109TH CONGRESS 

1ST SESSION S. 2032 

To authorize the Secretary of Homeland Security to award grants to public 

transportation agencies to improve security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2005 

Mr. SHELBY, from the Committee on Banking, Housing, and Urban Affairs, 

reported the following original bill; which was read twice and placed on 

the calendar 

A BILL 

To authorize the Secretary of Homeland Security to award 

grants to public transportation agencies to improve security, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Public Transportation Terrorism Prevention Act of 

6 2005’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 
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Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purpose. 

Sec. 3. Security assessments. 

Sec. 4. Security assistance grants. 

Sec. 5. Intelligence sharing. 

Sec. 6. Research, development, and demonstration grants. 

Sec. 7. Reporting requirements. 

Sec. 8. Authorization of appropriations. 

Sec. 9. Sunset provision. 

1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) public transportation systems throughout 

4 the world have been a primary target of terrorist at5 tacks, causing countless death and injuries; 

6 (2) 5,800 public transportation agencies operate 

7 in the United States; 

8 (3) 14,000,000 people in the United States ride 

9 public transportation each work day; 

10 (4) safe and secure public transportation sys11 tems are essential for the Nation’s economy and for 

12 significant national and international public events; 

13 (5) the Federal Transit Administration has in14 vested $74,900,000,000 since 1992 for construction 

15 and improvements to the Nation’s public transpor16 tation systems; 

17 (6) the Federal Government appropriately in18 vested $18,100,000,000 in fiscal years 2002 through 

19 2005 to protect our Nation’s aviation system and its 

20 1,800,000 daily passengers; 
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1 (7) the Federal Government has allocated 

2 $250,000,000 in fiscal years 2003 through 2005 to 

3 protect public transportation systems in the United 

4 States; 

5 (8) the Federal Government has invested $7.38 

6 in aviation security improvements per passenger, but 

7 only $0.007 in public transportation security im8 provements per passenger; 

9 (9) the Government Accountability Office, the 

10 Mineta Institute for Surface Transportation Policy 

11 Studies, the American Public Transportation Asso12 ciation, and many transportation experts have re13 ported an urgent need for significant investment in 

14 public transportation security improvements; and 

15 (10) the Federal Government has a duty to 

16 deter and mitigate, to the greatest extent prac17 ticable, threats against the Nation’s public transpor18 tation systems. 

19 SEC. 3. SECURITY ASSESSMENTS. 

20 (a) PUBLIC TRANSPORTATION SECURITY ASSESS21 MENTS.— 

22 (1) SUBMISSION.—Not later than 30 days after 

23 the date of enactment of this Act, the Federal Tran24 sit Administration of the Department of Transpor25 tation shall submit all public transportation security 
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1 assessments and all other relevant information to 

2 the Secretary of Homeland Security. 

3 (2) REVIEW.—Not later than July 31, 2006, 

4 the Secretary of Homeland Security shall review and 

5 augment the security assessments received under 

6 paragraph (1). 

7 (3) ALLOCATIONS.—The Secretary of Home8 land Security shall use the security assessments re9 ceived under paragraph (1) as the basis for allo10 cating grant funds under section 4, unless the Sec11 retary notifies the Committee on Banking, Housing, 

12 and Urban Affairs of the Senate that the Secretary 

13 has determined that an adjustment is necessary to 

14 respond to an urgent threat or other significant fac15 tors. 

16 (4) SECURITY IMPROVEMENT PRIORITIES.—Not 

17 later than September 30, 2006, the Secretary of 

18 Homeland Security, after consultation with the man19 agement and employee representatives of each public 

20 transportation system for which a security assess21 ment has been received under paragraph (1), shall 

22 establish security improvement priorities that will be 

23 used by public transportation agencies for any fund24 ing provided under section 4. 
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1 (5) UPDATES.—Not later than July 31, 2007, 

2 and annually thereafter, the Secretary of Homeland 

3 Security shall— 

4 (A) update the security assessments re5 ferred to in this subsection; and 

6 (B) conduct security assessments of all 

7 public transportation agencies considered to be 

8 at greatest risk of a terrorist attack. 

9 (b) USE OF SECURITY ASSESSMENT INFORMA10 TION.—The Secretary of Homeland Security shall use the 

11 information collected under subsection (a)— 

12 (1) to establish the process for developing secu13 rity guidelines for public transportation security; and 

14 (2) to design a security improvement strategy 

15 that— 

16 (A) minimizes terrorist threats to public 

17 transportation systems; and 

18 (B) maximizes the efforts of public trans19 portation systems to mitigate damage from ter20 rorist attacks. 

21 (c) BUS AND RURAL PUBLIC TRANSPORTATION SYS22 TEMS.—Not later than July 31, 2006, the Secretary of 

23 Homeland Security shall conduct security assessments, 

24 appropriate to the size and nature of each system, to de25 termine the specific needs of— 
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1 (1) local bus-only public transportation systems; 

2 and 

3 (2) selected public transportation systems that 

4 receive funds under section 5311 of title 49, United 

5 States Code. 

6 SEC. 4. SECURITY ASSISTANCE GRANTS. 

7 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

8 (1) IN GENERAL.—The Secretary of Homeland 

9 Security shall award grants directly to public trans10 portation agencies for allowable capital security im11 provements based on the priorities established under 

12 section 3(a)(4). 

13 (2) ALLOWABLE USE OF FUNDS.—Grants 

14 awarded under paragraph (1) may be used for— 

15 (A) tunnel protection systems; 

16 (B) perimeter protection systems; 

17 (C) redundant critical operations control 

18 systems; 

19 (D) chemical, biological, radiological, or ex20 plosive detection systems; 

21 (E) surveillance equipment; 

22 (F) communications equipment; 

23 (G) emergency response equipment; 

24 (H) fire suppression and decontamination 

25 equipment; 
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1 (I) global positioning or automated vehicle 

2 locator type system equipment; 

3 (J) evacuation improvements; and 

4 (K) other capital security improvements. 

5 (b) OPERATIONAL SECURITY ASSISTANCE PRO6 GRAM.— 

7 (1) IN GENERAL.—The Secretary of Homeland 

8 Security shall award grants directly to public trans9 portation agencies for allowable operational security 

10 improvements based on the priorities established 

11 under section 3(a)(4). 

12 (2) ALLOWABLE USE OF FUNDS.—Grants 

13 awarded under paragraph (1) may be used for— 

14 (A) security training for public transpor15 tation employees, including bus and rail opera16 tors, mechanics, customer service, maintenance 

17 employees, transit police, and security per18 sonnel; 

19 (B) live or simulated drills; 

20 (C) public awareness campaigns for en21 hanced public transportation security; 

22 (D) canine patrols for chemical, biological, 

23 or explosives detection; 

24 (E) overtime reimbursement for enhanced 

25 security personnel during significant national 
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1 and international public events, consistent with 

2 the priorities established under section 3(a)(4); 

3 and 

4 (F) other appropriate security improve5 ments identified under section 3(a)(4), exclud6 ing routine, ongoing personnel costs. 

7 (c) CONGRESSIONAL NOTIFICATION.—Not later than 

8 3 days before the award of any grant under this section, 

9 the Secretary of Homeland Security shall notify the Com10 mittee on Banking, Housing, and Urban Affairs of the 

11 Senate of the intent to award such grant. 

12 (d) PUBLIC TRANSPORTATION AGENCY RESPON13 SIBILITIES.—Each public transportation agency that re14 ceives a grant under this section shall— 

15 (1) identify a security coordinator to coordinate 

16 security improvements; 

17 (2) develop a comprehensive plan that dem18 onstrates the agency’s capacity for operating and 

19 maintaining the equipment purchased under this 

20 section; and 

21 (3) report annually to the Department of 

22 Homeland Security on the use of grant funds re23 ceived under this section. 

24 (e) RETURN OF MISSPENT GRANT FUNDS.—If the 

25 Secretary of Homeland Security determines that a grantee 
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1 used any portion of the grant funds received under this 

2 section for a purpose other than the allowable uses speci3 fied for that grant under this section, the grantee shall 

4 return any amount so used to the Treasury of the United 

5 States. 

6 SEC. 5. INTELLIGENCE SHARING. 

7 (a) INTELLIGENCE SHARING.—The Secretary of 

8 Homeland Security shall ensure that the Department of 

9 Transportation receives appropriate and timely notifica10 tion of all credible terrorist threats against public trans11 portation assets in the United States. 

12 (b) INFORMATION SHARING ANALYSIS CENTER.— 

13 (1) ESTABLISHMENT.—The Secretary of Home14 land Security shall provide sufficient financial assist15 ance for the reasonable costs of the Information 

16 Sharing and Analysis Center for Public Transpor17 tation (referred to in this subsection as the ‘‘ISAC’’) 

18 established pursuant to Presidential Directive 63, to 

19 protect critical infrastructure. 

20 (2) PUBLIC TRANSPORTATION AGENCY PARTICI21 PATION.—The Secretary of Homeland Security— 

22 (A) shall require those public transpor23 tation agencies that the Secretary determines to 

24 be at significant risk of terrorist attack to par25 ticipate in the ISAC; 
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1 (B) shall encourage all other public trans2 portation agencies to participate in the ISAC; 

3 and 

4 (C) shall not charge a fee to any public 

5 transportation agency for participating in the 

6 ISAC. 

7 SEC. 6. RESEARCH, DEVELOPMENT, AND DEMONSTRATION 

8 GRANTS. 

9 (a) GRANTS AUTHORIZED.—The Secretary of Home10 land Security, in consultation with the Federal Transit 

11 Administration, shall award grants to public or private en12 tities to conduct research into, and demonstrate, tech13 nologies and methods to reduce and deter terrorist threats 

14 or mitigate damages resulting from terrorist attacks 

15 against public transportation systems. 

16 (b) USE OF FUNDS.—Grants awarded under sub17 section (a) may be used to— 

18 (1) research chemical, biological, radiological, or 

19 explosive detection systems that do not significantly 

20 impede passenger access; 

21 (2) research imaging technologies; 

22 (3) conduct product evaluations and testing; 

23 and 

24 (4) research other technologies or methods for 

25 reducing or deterring terrorist attacks against public 
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1 transportation systems, or mitigating damage from 

2 such attacks. 

3 (c) REPORTING REQUIREMENT.—Each entity that 

4 receives a grant under this section shall report annually 

5 to the Department of Homeland Security on the use of 

6 grant funds received under this section. 

7 (d) RETURN OF MISSPENT GRANT FUNDS.—If the 

8 Secretary of Homeland Security determines that a grantee 

9 used any portion of the grant funds received under this 

10 section for a purpose other than the allowable uses speci11 fied under subsection (b), the grantee shall return any 

12 amount so used to the Treasury of the United States. 

13 SEC. 7. REPORTING REQUIREMENTS. 

14 (a) SEMI-ANNUAL REPORT TO CONGRESS.— 

15 (1) IN GENERAL.—Not later than March 31 

16 and September 30 of each year, the Secretary of 

17 Homeland Security shall submit a report, containing 

18 the information described in paragraph (2), to— 

19 (A) the Committee on Banking, Housing, 

20 and Urban Affairs of the Senate; 

21 (B) the Committee on Homeland Security 

22 and Governmental Affairs of the Senate; and 

23 (C) the Committee on Appropriations of 

24 the Senate. 
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1 (2) CONTENTS.—The report submitted under 

2 paragraph (1) shall include— 

3 (A) a description of the implementation of 

4 the provisions of sections 3 through 6; 

5 (B) the amount of funds appropriated to 

6 carry out the provisions of each of sections 3 

7 through 6 that have not been expended or obli8 gated; and 

9 (C) the state of public transportation secu10 rity in the United States. 

11 (b) ANNUAL REPORT TO GOVERNORS.— 

12 (1) IN GENERAL.—Not later than March 31 of 

13 each year, the Secretary of Homeland Security shall 

14 submit a report to the Governor of each State with 

15 a public transportation agency that has received a 

16 grant under this Act. 

17 (2) CONTENTS.—The report submitted under 

18 paragraph (1) shall specify— 

19 (A) the amount of grant funds distributed 

20 to each such public transportation agency; and 

21 (B) the use of such grant funds. 

22 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

24 There are authorized to be appropriated $2,370,000,000 
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1 for fiscal year 2007 to carry out the provisions of section 

2 4(a), which shall remain available until expended. 

3 (b) OPERATIONAL SECURITY ASSISTANCE PRO4 GRAM.—There are authorized to be appropriated to carry 

5 out the provisions of section 4(b)— 

6 (1) $534,000,000 for fiscal year 2007; 

7 (2) $333,000,000 for fiscal year 2008; and 

8 (3) $133,000,000 for fiscal year 2009. 

9 (c) INTELLIGENCE.—There are authorized to be ap10 propriated such sums as may be necessary to carry out 

11 the provisions of section 5. 

12 (d) RESEARCH.—There are authorized to be appro13 priated $130,000,000 for fiscal year 2007 to carry out the 

14 provisions of section 6, which shall remain available until 

15 expended. 

16 SEC. 9. SUNSET PROVISION. 

17 The authority to make grants under this Act shall 

18 expire on October 1, 2009. 
Calendar No. 299 

109TH CONGRESS 

1ST SESSION S. 2032 

A BILL 

To authorize the Secretary of Homeland Security to 

improve security, and for other purposes. award grants to public transportation agencies to 

NOVEMBER 17, 2005 

Read twice and placed on the calendar