`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2032 Reported in Senate (RS)]







                                                       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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Public 
Transportation Terrorism Prevention Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) public transportation systems throughout the world have 
        been a primary target of terrorist attacks, causing countless 
        death 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 for the Nation's economy and for significant national 
        and international public events;
            (5) the Federal Transit Administration has invested 
        $74,900,000,000 since 1992 for construction and improvements to 
        the Nation's public transportation systems;
            (6) the Federal Government appropriately invested 
        $18,100,000,000 in fiscal years 2002 through 2005 to protect 
        our Nation's aviation system and its 1,800,000 daily 
        passengers;
            (7) the Federal Government has allocated $250,000,000 in 
        fiscal years 2003 through 2005 to protect public transportation 
        systems in the United States;
            (8) the Federal Government has invested $7.38 in aviation 
        security improvements per passenger, but only $0.007 in public 
        transportation security improvements per passenger;
            (9) the Government Accountability Office, the Mineta 
        Institute for Surface Transportation Policy Studies, the 
        American Public Transportation Association, and many 
        transportation experts have reported an urgent need for 
        significant investment in public transportation security 
        improvements; and
            (10) the Federal Government has a duty to deter and 
        mitigate, to the greatest extent practicable, threats against 
        the Nation's public transportation systems.

SEC. 3. SECURITY ASSESSMENTS.

    (a) Public Transportation Security Assessments.--
            (1) Submission.--Not later than 30 days after the date of 
        enactment of this Act, the Federal Transit Administration of 
        the Department of Transportation shall submit all public 
        transportation security assessments and all other relevant 
        information to the Secretary of Homeland Security.
            (2) Review.--Not later than July 31, 2006, the Secretary of 
        Homeland Security shall review and augment the security 
        assessments received under paragraph (1).
            (3) Allocations.--The Secretary of Homeland Security shall 
        use the security assessments received under paragraph (1) as 
        the basis for allocating grant funds under section 4, unless 
        the Secretary notifies the Committee on Banking, Housing, and 
        Urban Affairs of the Senate that the Secretary has determined 
        that an adjustment is necessary to respond to an urgent threat 
        or other significant factors.
            (4) Security improvement priorities.--Not later than 
        September 30, 2006, the Secretary of Homeland Security, after 
        consultation with the management and employee representatives 
        of each public transportation system for which a security 
        assessment has been received under paragraph (1), shall 
        establish security improvement priorities that will be used by 
        public transportation agencies for any funding provided under 
        section 4.
            (5) Updates.--Not later than July 31, 2007, and annually 
        thereafter, the Secretary of Homeland Security shall--
                    (A) update the security assessments referred to in 
                this subsection; and
                    (B) conduct security assessments of all public 
                transportation agencies considered to be at greatest 
                risk of a terrorist attack.
    (b) Use of Security Assessment Information.--The Secretary of 
Homeland Security shall use the information collected under subsection 
(a)--
            (1) to establish the process for developing security 
        guidelines for public transportation security; and
            (2) to design a security improvement strategy that--
                    (A) minimizes terrorist threats to public 
                transportation systems; and
                    (B) maximizes the efforts of public transportation 
                systems to mitigate damage from terrorist attacks.
    (c) Bus and Rural Public Transportation Systems.--Not later than 
July 31, 2006, the Secretary of Homeland Security shall conduct 
security assessments, appropriate to the size and nature of each 
system, to determine the specific needs of--
            (1) local bus-only public transportation systems; and
            (2) selected public transportation systems that receive 
        funds under section 5311 of title 49, United States Code.

SEC. 4. SECURITY ASSISTANCE GRANTS.

    (a) Capital Security Assistance Program.--
            (1) In general.--The Secretary of Homeland Security shall 
        award grants directly to public transportation agencies for 
        allowable capital security improvements based on the priorities 
        established under section 3(a)(4).
            (2) Allowable use of funds.--Grants awarded under paragraph 
        (1) may be used for--
                    (A) tunnel protection systems;
                    (B) perimeter protection systems;
                    (C) redundant critical operations control systems;
                    (D) chemical, biological, radiological, or 
                explosive detection systems;
                    (E) surveillance equipment;
                    (F) communications equipment;
                    (G) emergency response equipment;
                    (H) fire suppression and decontamination equipment;
                    (I) global positioning or automated vehicle locator 
                type system equipment;
                    (J) evacuation improvements; and
                    (K) other capital security improvements.
    (b) Operational Security Assistance Program.--
            (1) In general.--The Secretary of Homeland Security shall 
        award grants directly to public transportation agencies for 
        allowable operational security improvements based on the 
        priorities established under section 3(a)(4).
            (2) Allowable use of funds.--Grants awarded under paragraph 
        (1) may be used for--
                    (A) security training for public transportation 
                employees, including bus and rail operators, mechanics, 
                customer service, maintenance employees, transit 
                police, and security personnel;
                    (B) live or simulated drills;
                    (C) public awareness campaigns for enhanced public 
                transportation security;
                    (D) canine patrols for chemical, biological, or 
                explosives detection;
                    (E) overtime reimbursement for enhanced security 
                personnel during significant national and international 
                public events, consistent with the priorities 
                established under section 3(a)(4); and
                    (F) other appropriate security improvements 
                identified under section 3(a)(4), excluding routine, 
                ongoing personnel costs.
    (c) Congressional Notification.--Not later than 3 days before the 
award of any grant under this section, the Secretary of Homeland 
Security shall notify the Committee on Banking, Housing, and Urban 
Affairs of the Senate of the intent to award such grant.
    (d) Public Transportation 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 Homeland Security 
        on the use of grant funds received under this section.
    (e) Return of Misspent Grant Funds.--If the Secretary of Homeland 
Security determines that a grantee used any portion of the grant funds 
received under this section for a purpose other than the allowable uses 
specified for that grant under this section, the grantee shall return 
any amount so used to the Treasury of the United States.

SEC. 5. INTELLIGENCE SHARING.

    (a) Intelligence Sharing.--The Secretary of Homeland Security shall 
ensure that the Department of Transportation receives appropriate and 
timely notification of all credible terrorist threats against public 
transportation assets in the United States.
    (b) Information Sharing Analysis Center.--
            (1) Establishment.--The Secretary of Homeland Security 
        shall provide sufficient financial assistance for the 
        reasonable costs of the Information Sharing and Analysis Center 
        for Public Transportation (referred to in this subsection as 
        the ``ISAC'') established pursuant to Presidential Directive 
        63, to protect critical infrastructure.
            (2) Public transportation agency participation.--The 
        Secretary of Homeland Security--
                    (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 a fee to any public 
                transportation agency for participating in the ISAC.

SEC. 6. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.

    (a) Grants Authorized.--The Secretary of Homeland Security, in 
consultation with the Federal Transit Administration, shall award 
grants to public or private entities to conduct research into, and 
demonstrate, technologies and methods to reduce and deter terrorist 
threats or mitigate damages resulting from terrorist attacks against 
public transportation systems.
    (b) Use of Funds.--Grants awarded under subsection (a) may be used 
to--
            (1) research chemical, biological, radiological, or 
        explosive detection systems that do not significantly impede 
        passenger access;
            (2) research imaging technologies;
            (3) conduct product evaluations and testing; and
            (4) research other technologies or methods for reducing or 
        deterring terrorist attacks against public transportation 
        systems, or mitigating damage from such attacks.
    (c) Reporting Requirement.--Each entity that receives a grant under 
this section shall report annually to the Department of Homeland 
Security on the use of grant funds received under this section.
    (d) Return of Misspent Grant Funds.--If the Secretary of Homeland 
Security determines that a grantee used any portion of the grant funds 
received under this section for a purpose other than the allowable uses 
specified under subsection (b), the grantee shall return any amount so 
used to the Treasury of the United States.

SEC. 7. REPORTING REQUIREMENTS.

    (a) Semi-Annual Report to Congress.--
            (1) In general.--Not later than March 31 and September 30 
        of each year, the Secretary of Homeland Security shall submit a 
        report, containing the information described in paragraph (2), 
        to--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Appropriations of the Senate.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) a description of the implementation of the 
                provisions of sections 3 through 6;
                    (B) the amount of funds appropriated to carry out 
                the provisions of each of sections 3 through 6 that 
                have not been expended or obligated; and
                    (C) the state of public transportation security in 
                the United States.
    (b) Annual Report to Governors.--
            (1) In general.--Not later than March 31 of each year, the 
        Secretary of Homeland Security shall submit a report to the 
        Governor of each State with a public transportation agency that 
        has received a grant under this Act.
            (2) Contents.--The report submitted under paragraph (1) 
        shall specify--
                    (A) the amount of grant funds distributed to each 
                such public transportation agency; and
                    (B) the use of such grant funds.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Capital Security Assistance Program.--There are authorized to 
be appropriated $2,370,000,000 for fiscal year 2007 to carry out the 
provisions of section 4(a), which shall remain available until 
expended.
    (b) Operational Security Assistance Program.--There are authorized 
to be appropriated to carry out the provisions of section 4(b)--
            (1) $534,000,000 for fiscal year 2007;
            (2) $333,000,000 for fiscal year 2008; and
            (3) $133,000,000 for fiscal year 2009.
    (c) Intelligence.--There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of section 5.
    (d) Research.--There are authorized to be appropriated $130,000,000 
for fiscal year 2007 to carry out the provisions of section 6, which 
shall remain available until expended.

SEC. 9. SUNSET PROVISION.

    The authority to make grants under this Act shall expire on October 
1, 2009.
                                                       Calendar No. 299

109th CONGRESS

  1st Session

                                S. 2032

_______________________________________________________________________

                                 A BILL

  To authorize the Secretary of Homeland Security to award grants to 
   public transportation agencies to improve security, and for other 
                               purposes.

_______________________________________________________________________

                           November 17, 2005

                 Read twice and placed on the calendar`