II 

Calendar No. 69 

110TH CONGRESS 

1ST SESSION S. 763 

[Report No. 110–32] 

To provide the resources to protect public transportation from terrorism. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2007 

Mr. DODD, 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 provide the resources to protect public transportation 

from terrorism. 

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. 

4 This Act may be cited as the ‘‘Public Transportation 

5 Terrorism Prevention Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


hmoore on PROD1PC68 with HMBILLS
2 

•S 763 PCS

1 (1) 182 public transportation systems through2 out the world have been primary target of terrorist 

3 attacks; 

4 (2) more than 6,000 public transportation 

5 agencies operate in the United States; 

6 (3) people use public transportation vehicles 

7 33,000,000 times each day; 

8 (4) the Federal Transit Administration has in9 vested $84,800,000,000 since 1992 for construction 

10 and improvements; 

11 (5) the Federal Government appropriately in12 vested nearly $24,000,000,000 in fiscal years 2002 

13 through 2006 to protect our Nation’s aviation sys14 tem; 

15 (6) the Federal Government has allocated 

16 $386,000,000 in fiscal years 2003 through 2006 to 

17 protect public transportation systems in the United 

18 States; and 

19 (7) the Federal Government has invested $7.53 

20 in aviation security improvements per passenger 

21 boarding, but only $0.008 in public transportation 

22 security improvements per passenger boarding. 

23 SEC. 3. SECURITY ASSESSMENTS. 

24 (a) PUBLIC TRANSPORTATION SECURITY ASSESS25 MENTS.— 


hmoore on PROD1PC68 with HMBILLS
3 

•S 763 PCS

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

2 the date of the enactment of this Act, the Federal 

3 Transit Administration of the Department of Trans4 portation shall submit all public transportation secu5 rity assessments and all other relevant information 

6 to the Secretary. 

7 (2) REVIEW.—Not later than July 31, 2007, 

8 the Secretary shall review and augment the security 

9 assessments received under paragraph (1). 

10 (3) ALLOCATIONS.—The Secretary shall use the 

11 security assessments received under paragraph (1) 

12 as the basis for allocating grant funds under section 

13 4, unless the Secretary notifies the Committee on 

14 Banking, Housing, and Urban Affairs of the Senate 

15 that the Secretary has determined an adjustment is 

16 necessary to respond to an urgent threat or other 

17 significant factors. 

18 (4) SECURITY IMPROVEMENT PRIORITIES.—Not 

19 later than September 30, 2007, the Secretary of 

20 Homeland Security, after consultation with the man21 agement and employee representatives of each public 

22 transportation system for which a security assess23 ment has been received under paragraph (1) and 

24 with appropriate State and local officials, shall es25 tablish security improvement priorities that will be 


hmoore on PROD1PC68 with HMBILLS
4 

•S 763 PCS

1 used by public transportation agencies for any fund2 ing provided under section 4. 

3 (5) UPDATES.—Not later than July 31, 2008, 

4 and annually thereafter, the Secretary shall— 

5 (A) update the security assessments re6 ferred to in this subsection; and 

7 (B) conduct security assessments of all 

8 public transportation agencies considered to be 

9 at greatest risk of a terrorist attack. 

10 (b) USE OF SECURITY ASSESSMENT INFORMA11 TION.—The Secretary shall use the information collected 

12 under subsection (a)— 

13 (1) to establish the process for developing secu14 rity guidelines for public transportation security; and 

15 (2) to design a security improvement strategy 

16 that— 

17 (A) minimizes terrorist threats to public 

18 transportation systems; and 

19 (B) maximizes the efforts of public trans20 portation systems to mitigate damage from ter21 rorist attacks. 

22 (c) BUS AND RURAL PUBLIC TRANSPORTATION SYS23 TEMS.—Not later than July 31, 2007, the Secretary shall 

24 conduct security assessments, appropriate to the size and 

25 nature of each system, to determine the specific needs of— 


hmoore on PROD1PC68 with HMBILLS
5 

•S 763 PCS

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 shall award 

9 grants directly to public transportation agencies for 

10 allowable capital security improvements based on the 

11 priorities established under section 3(a)(4). 

12 (2) ALLOWABLE USE OF FUNDS.—Grants 

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

14 (A) tunnel protection systems; 

15 (B) perimeter protection systems; 

16 (C) redundant critical operations control 

17 systems; 

18 (D) chemical, biological, radiological, or ex19 plosive detection systems; 

20 (E) surveillance equipment; 

21 (F) communications equipment; 

22 (G) emergency response equipment; 

23 (H) fire suppression and decontamination 

24 equipment; 


hmoore on PROD1PC68 with HMBILLS
6 

•S 763 PCS

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 shall award 

8 grants directly to public transportation agencies for 

9 allowable operational security improvements based 

10 on the priorities established under section 3(a)(4). 

11 (2) ALLOWABLE USE OF FUNDS.—Grants 

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

13 (A) security training for public transpor14 tation employees, including bus and rail opera15 tors, mechanics, customer service, maintenance 

16 employees, transit police, and security per17 sonnel; 

18 (B) live or simulated drills; 

19 (C) public awareness campaigns for en20 hanced public transportation security; 

21 (D) canine patrols for chemical, biological, 

22 or explosives detection; 

23 (E) overtime reimbursement for enhanced 

24 security personnel during significant national 

25 and international public events, consistent with 


hmoore on PROD1PC68 with HMBILLS
7 

•S 763 PCS

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

2 and 

3 (F) other appropriate security improve4 ments identified under section 3(a)(4), exclud5 ing routine, ongoing personnel costs. 

6 (c) COORDINATION WITH STATE HOMELAND SECU7 RITY PLANS.—In establishing security improvement prior8 ities under section 3(a)(4) and in awarding grants for cap9 ital security improvements and operational security im10 provements under subsections (a) and (b), respectively, 

11 the Secretary shall ensure that the actions of the Sec12 retary are consistent with relevant State Homeland Secu13 rity Plans. 

14 (d) MULTI-STATE TRANSPORTATION SYSTEMS.—In 

15 cases where a public transportation system operates in 

16 more than 1 State, the Secretary shall give appropriate 

17 consideration to the risks of the entire system, including 

18 those portions of the States into which the system crosses, 

19 in establishing security improvement priorities under sec20 tion 3(a)(4), and in awarding grants for capital security 

21 improvements and operational security improvements 

22 under subsections (a) and (b), respectively. 

23 (e) CONGRESSIONAL NOTIFICATION.—Not later than 

24 3 days before the award of any grant under this section, 

25 the Secretary shall notify the Committee on Homeland SeVerDate Aug 31 2005 03:22 Mar 06, 2007 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S763.PCS S763

hmoore on PROD1PC68 with HMBILLS
8 

•S 763 PCS

1 curity and Governmental Affairs and the Committee on 

2 Banking, Housing, and Urban Affairs of the Senate of the 

3 intent to award such grant. 

4 (f) PUBLIC TRANSPORTATION AGENCY RESPON5 SIBILITIES.—Each public transportation agency that re6 ceives a grant under this section shall— 

7 (1) identify a security coordinator to coordinate 

8 security improvements; 

9 (2) develop a comprehensive plan that dem10 onstrates the agency’s capacity for operating and 

11 maintaining the equipment purchased under this 

12 section; and 

13 (3) report annually to the Secretary on the use 

14 of grant funds received under this section. 

15 (g) RETURN OF MISSPENT GRANT FUNDS.—If the 

16 Secretary determines that a grantee used any portion of 

17 the grant funds received under this section for a purpose 

18 other than the allowable uses specified for that grant 

19 under this section, the grantee shall return any amount 

20 so used to the Treasury of the United States. 

21 SEC. 5. PUBLIC TRANSPORTATION SECURITY TRAINING 

22 PROGRAM. 

23 (a) IN GENERAL.—Not later than 90 days after the 

24 date of enactment of this section, the Secretary, in con25 sultation with appropriate law enforcement, security, and 


hmoore on PROD1PC68 with HMBILLS
9 

•S 763 PCS

1 terrorism experts, representatives of public transportation 

2 owners and operators, and nonprofit employee organiza3 tions that represent public transportation workers, shall 

4 develop and issue detailed regulations for a public trans5 portation worker security training program to prepare 

6 public transportation workers, including front-line transit 

7 employees such as bus and rail operators, mechanics, cus8 tomer service employees, maintenance employees, transit 

9 police, and security personnel, for potential threat condi10 tions. 

11 (b) PROGRAM ELEMENTS.—The regulations devel12 oped under subsection (a) shall require such a program 

13 to include, at a minimum, elements that address the fol14 lowing: 

15 (1) Determination of the seriousness of any oc16 currence. 

17 (2) Crew and passenger communication and co18 ordination. 

19 (3) Appropriate responses to defend oneself. 

20 (4) Use of protective devices. 

21 (5) Evacuation procedures (including pas22 sengers, workers, and those with disabilities). 

23 (6) Psychology of terrorists to cope with hi24 jacker behavior and passenger responses. 


hmoore on PROD1PC68 with HMBILLS
10 

•S 763 PCS

1 (7) Live situational training exercises regarding 

2 various threat conditions, including tunnel evacu3 ation procedures. 

4 (8) Any other subject the Secretary considers 

5 appropriate. 

6 (c) REQUIRED PROGRAMS.— 

7 (1) IN GENERAL.—Not later than 90 days after 

8 the Secretary issues regulations under subsection (a) 

9 in final form, each public transportation system that 

10 receives a grant under this Act shall develop a public 

11 transportation worker security training program in 

12 accordance with those regulations and submit it to 

13 the Secretary for approval. 

14 (2) APPROVAL.—Not later than 30 days after 

15 receiving a public transportation system’s program 

16 under paragraph (1), the Secretary shall review the 

17 program and approve it or require the public trans18 portation system to make any revisions the Sec19 retary considers necessary for the program to meet 

20 the regulations requirements. A public transit agen21 cy shall respond to the Secretary’s comments within 

22 30 days after receiving them. 

23 (d) TRAINING.— 

24 (1) IN GENERAL.—Not later than 1 year after 

25 the Secretary approves the training program develVerDate Aug 31 2005 03:22 Mar 06, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S763.PCS S763

hmoore on PROD1PC68 with HMBILLS
11 

•S 763 PCS

1 oped by a public transportation system under sub2 section (c), the public transportation system owner 

3 or operator shall complete the training of all public 

4 transportation workers in accordance with that pro5 gram. 

6 (2) REPORT.—The Secretary shall review im7 plementation of the training program of a represent8 ative sample of public transportation systems and 

9 report to the Senate Committee on Banking, Hous10 ing and Urban Affairs, House of Representatives 

11 Committee on Transportation and Infrastructure, 

12 the Senate Homeland Security and Government Af13 fairs Committee and the House of Representatives 

14 Committee on Homeland Security, on the number of 

15 reviews conducted and the results. The Secretary 

16 may submit the report in both classified and re17 dacted formats as necessary. 

18 (e) UPDATES.— 

19 (1) IN GENERAL.—The Secretary shall update 

20 the training regulations issued under subsection (a) 

21 from time to time to reflect new or different security 

22 threats, and require public transportation systems to 

23 revise their programs accordingly and provide addi24 tional training to their workers. 


hmoore on PROD1PC68 with HMBILLS
12 

•S 763 PCS

1 (2) PROGRAM REVISIONS.—Each public transit 

2 operator shall revise their program in accordance 

3 with any regulations under paragraph (1) and pro4 vide additional training to their front-line workers 

5 within a reasonable time after the regulations are 

6 updated. 

7 SEC. 6. INTELLIGENCE SHARING. 

8 (a) INTELLIGENCE SHARING.—The Secretary of 

9 Homeland Security shall ensure that the Department of 

10 Transportation receives appropriate and timely notifica11 tion of all credible terrorist threats against public trans12 portation assets in the United States. 

13 (b) INFORMATION SHARING ANALYSIS CENTER.— 

14 (1) ESTABLISHMENT.—The Secretary of Home15 land Security shall provide sufficient financial assist16 ance for the reasonable costs of the Information 

17 Sharing and Analysis Center for Public Transpor18 tation (referred to in this subsection as the ‘‘ISAC’’) 

19 established pursuant to Presidential Directive 63, to 

20 protect critical infrastructure. 

21 (2) PUBLIC TRANSPORTATION AGENCY PARTICI22 PATION.—The Secretary— 

23 (A) shall require those public transpor24 tation agencies that the Secretary determines to 


hmoore on PROD1PC68 with HMBILLS
13 

•S 763 PCS

1 be at significant risk of terrorist attack to par2 ticipate in the ISAC; 

3 (B) shall encourage all other public trans4 portation agencies to participate in the ISAC; 

5 and 

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

7 transportation agency for participating in the 

8 ISAC. 

9 SEC. 7. RESEARCH, DEVELOPMENT, AND DEMONSTRATION 

10 GRANTS AND CONTRACTS. 

11 (a) GRANTS AND CONTRACTS AUTHORIZED.—The 

12 Secretary, through the Homeland Security Advanced Re13 search Projects Agency in the Science and Technology Di14 rectorate and in consultation with the Federal Transit Ad15 ministration, shall award grants or contracts to public or 

16 private entities to conduct research into, and demonstrate 

17 technologies and methods to reduce and deter terrorist 

18 threats or mitigate damages resulting from terrorist at19 tacks against public transportation systems. 

20 (b) USE OF FUNDS.—Grants or contracts awarded 

21 under subsection (a)— 

22 (1) shall be coordinated with Homeland Secu23 rity Advanced Research Projects Agency activities; 

24 and 

25 (2) may be used to— 


hmoore on PROD1PC68 with HMBILLS
14 

•S 763 PCS

1 (A) research chemical, biological, radio2 logical, or explosive detection systems that do 

3 not significantly impede passenger access; 

4 (B) research imaging technologies; 

5 (C) conduct product evaluations and test6 ing; and 

7 (D) research other technologies or methods 

8 for reducing or deterring terrorist attacks 

9 against public transportation systems, or miti10 gating damage from such attacks. 

11 (c) REPORTING REQUIREMENT.—Each entity that is 

12 awarded a grant or contract under this section shall report 

13 annually to the Department on the use of grant or con14 tract funds received under this section. 

15 (d) RETURN OF MISSPENT GRANT OR CONTRACT

16 FUNDS.—If the Secretary determines that a grantee or 

17 contractor used any portion of the grant or contract funds 

18 received under this section for a purpose other than the 

19 allowable uses specified under subsection (b), the grantee 

20 or contractor shall return any amount so used to the 

21 Treasury of the United States. 

22 SEC. 8. REPORTING REQUIREMENTS. 

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

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

25 and September 30 each year, the Secretary shall 


hmoore on PROD1PC68 with HMBILLS
15 

•S 763 PCS

1 submit a report, containing the information de2 scribed in paragraph (2), to— 

3 (A) the Committee on Banking, Housing, 

4 and Urban Affairs of the Senate; 

5 (B) the Committee on Homeland Security 

6 and Governmental Affairs of the Senate; and 

7 (C) the Committee on Appropriations of 

8 the Senate. 

9 (2) CONTENTS.—The report submitted under 

10 paragraph (1) shall include— 

11 (A) a description of the implementation of 

12 the provisions of sections 3 through 6; 

13 (B) the amount of funds appropriated to 

14 carry out the provisions of each of sections 3 

15 through 6 that have not been expended or obli16 gated; and 

17 (C) the state of public transportation secu18 rity in the United States. 

19 (b) ANNUAL REPORT TO GOVERNORS.— 

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

21 each year, the Secretary shall submit a report to the 

22 Governor of each State with a public transportation 

23 agency that has received a grant under this Act. 

24 (2) CONTENTS.—The report submitted under 

25 paragraph (1) shall specify— 


hmoore on PROD1PC68 with HMBILLS
16 

•S 763 PCS

1 (A) the amount of grant funds distributed 

2 to each such public transportation agency; and 

3 (B) the use of such grant funds. 

4 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

6 There are authorized to be appropriated to carry out the 

7 provisions of section 4(a) and remain available until ex8 pended— 

9 (1) $536,000,000 for fiscal year 2008; 

10 (2) $772,000,000 for fiscal year 2009; and 

11 (3) $1,062,000,000 for fiscal year 2010. 

12 (b) OPERATIONAL SECURITY ASSISTANCE PRO13 GRAM.—There are authorized to be appropriated to carry 

14 out the provisions of section 4(b)— 

15 (1) $534,000,000 for fiscal year 2008; 

16 (2) $333,000,000 for fiscal year 2009; and 

17 (3) $133,000,000 for fiscal year 2010. 

18 (c) INTELLIGENCE.—There are authorized to be ap19 propriated such sums as may be necessary to carry out 

20 the provisions of section 5. 

21 (d) RESEARCH.—There are authorized to be appro22 priated to carry out the provisions of section 7 and remain 

23 available until expended— 

24 (1) $30,000,000 for fiscal year 2008; 

25 (2) $45,000,000 for fiscal year 2009; and 


hmoore on PROD1PC68 with HMBILLS
17 

•S 763 PCS

1 (3) $55,000,000 for fiscal year 2010. 

2 SEC. 10. SUNSET PROVISION. 

3 The authority to make grants under this Act shall 

4 expire on October 1, 2011. 


hmoore on PROD1PC68 with HMBILLS
Calendar No. 69 

110TH CONGRESS 

1ST SESSION S. 763 

[Report No. 110

–32] 

A BILL 

To provide the resources to protect public 

transportation from terrorism. 

MARCH 5, 2007 

Read twice and placed on the calendar 


hmoore on PROD1PC68 with HMBILLS