II 

108TH CONGRESS 

2D SESSION S. 2884 

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 

OCTOBER 1, 2004 

Mr. SHELBY (for himself, Mr. SARBANES, Mr. REED, Mr. BENNETT, Mr. 

BUNNING, Mrs. DOLE, Mr. CHAFEE, Mr. DODD, Mr. SCHUMER, Mr. 

BAYH, Mr. MILLER, Mr. ALLARD, Mr. ENZI, Mr. LAUTENBERG, Mrs. 

BOXER, Mr. CARPER, Ms. STABENOW, and Mr. CORZINE) introduced the 

following bill; which was read twice, considered, read the third time, and 

passed 

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 2004’’. 

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. Memorandum of understanding. 

Sec. 4. Security assessments. 

Sec. 5. Security assistance grants. 

Sec. 6. Intelligence sharing. 

Sec. 7. Research, development, and demonstration grants. 

Sec. 8. Reporting requirements. 

Sec. 9. Authorization of appropriations. 

Sec. 10. Sunset provision. 

1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) throughout the world, public transportation 

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

6 (2) 6,000 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 to the Nation’s economy and for 

12 significant national and international public events; 

13 (5) the Federal Transit Administration has in14 vested $68,700,000,000 since 1992 for construction 

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

17 (6) the Federal Government appropriately in18 vested $11,000,000,000 in fiscal years 2002 and 

19 2003 to protect our Nation’s aviation system and its 

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

2 $115,000,000 in fiscal years 2003 and 2004 to pro3 tect public transportation systems in the United 

4 States; 

5 (8) the Federal Government has invested $9.16 

6 in aviation security improvements per passenger, but 

7 only $0.006 in public transportation security im8 provements per passenger; 

9 (9) the General Accounting Office, the Mineta 

10 Institute for Surface Transportation Policy Studies, 

11 the American Public Transportation Association, 

12 and other experts have reported an urgent need for 

13 significant investment in transit security improve14 ments; 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. MEMORANDUM OF UNDERSTANDING. 

20 (a) IN GENERAL.—Not later than 45 days after the 

21 date of enactment of this Act, the Secretary of Transpor22 tation shall enter into a memorandum of understanding 

23 with the Secretary of Homeland Security to define and 

24 clarify the respective public transportation security roles 
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1 and responsibilities of the Department of Transportation 

2 and the Department of Homeland Security. 

3 (b) CONTENTS.—The memorandum of understanding 

4 described in subsection (a) shall— 

5 (1) establish a process to develop security 

6 standards for public transportation agencies; 

7 (2) establish funding priorities for grants from 

8 the Department of Homeland Security to public 

9 transportation agencies; 

10 (3) create a method of direct coordination with 

11 public transportation agencies on security matters; 

12 (4) address any other issues determined to be 

13 appropriate by the Secretary of Transportation and 

14 the Secretary of Homeland Security; and 

15 (5) include a formal and permanent mechanism 

16 to ensure coordination and involvement by the De17 partment of Transportation, as appropriate, in pub18 lic transportation security. 

19 SEC. 4. 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 Department of Homeland Security. 

3 (2) REVIEW.—The Secretary of Homeland Se4 curity shall review and augment the security assess5 ments received under paragraph (1). 

6 (3) ALLOCATIONS.—The assessments described 

7 in paragraph (1) shall be used as the basis for allo8 cating grant funds under section 5, unless the Sec9 retary of Homeland Security determines that an ad10 justment is necessary to respond to an urgent threat 

11 or other significant factors, after notification to the 

12 Committee on Banking, Housing, and Urban Affairs 

13 of the Senate. 

14 (4) SECURITY IMPROVEMENT PRIORITIES.—The 

15 Secretary of Homeland Security shall establish secu16 rity improvement priorities, in consultation with the 

17 management and employee representatives of each 

18 public transportation system receiving an assessment 

19 that will be used by public transportation agencies 

20 for any funding provided under section 5. 

21 (5) UPDATES.—The Secretary of Homeland Se22 curity shall annually update the assessments re23 ferred to in this subsection and conduct assessments 

24 of all transit agencies considered to be at greatest 

25 risk of a terrorist attack. 
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1 (b) USE OF ASSESSMENT INFORMATION.—The Sec2 retary of Homeland Security shall use the information col3 lected under subsection (a)— 

4 (1) to establish the process for developing secu5 rity guidelines for public transportation security; 

6 (2) to design a security improvement strategy 

7 that minimizes terrorist threats to public transpor8 tation systems; and 

9 (3) to design a security improvement strategy 

10 that maximizes the efforts of public transportation 

11 systems to mitigate damage from terrorist attacks. 

12 (c) BUS PUBLIC TRANSPORTATION SYSTEMS.—The 

13 Secretary of Homeland Security shall conduct assessments 

14 of local bus-only public transportation systems to deter15 mine the specific needs of this form of public transpor16 tation that are appropriate to the size and nature of the 

17 bus system. 

18 (d) RURAL PUBLIC TRANSPORTATION SYSTEMS.— 

19 The Secretary of Homeland Security shall conduct assess20 ments of selected public transportation systems that re21 ceive funds under section 5311 of title 49, United States 

22 Code, to determine the specific needs of this form of public 

23 transportation that are appropriate to the size and nature 

24 of the system. 
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1 SEC. 5. SECURITY ASSISTANCE GRANTS. 

2 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

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

4 Security shall award grants directly to public trans5 portation agencies for allowable capital security im6 provements based on the priorities established under 

7 section 4(a)(4). 

8 (2) ALLOWABLE USE OF FUNDS.—Grants 

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

10 (A) tunnel protection systems; 

11 (B) perimeter protection systems; 

12 (C) redundant critical operations control 

13 systems; 

14 (D) chemical, biological, radiological, or ex15 plosive detection systems; 

16 (E) surveillance equipment; 

17 (F) communications equipment; 

18 (G) emergency response equipment; 

19 (H) fire suppression and decontamination 

20 equipment; 

21 (I) global positioning or automated vehicle 

22 locator type system equipment; 

23 (J) evacuation improvements; and 

24 (K) other capital security improvements. 

25 (b) OPERATIONAL SECURITY ASSISTANCE PRO26 GRAM.— 
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1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security shall award grants directly to public trans3 portation agencies for allowable operational security 

4 improvements based on the priorities established 

5 under section 4(a)(4). 

6 (2) ALLOWABLE USE OF FUNDS.—Grants 

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

8 (A) security training for transit employees, 

9 including bus and rail operators, mechanics, 

10 customer service, maintenance employees, tran11 sit police, and security personnel; 

12 (B) live or simulated drills; 

13 (C) public awareness campaigns for en14 hanced public transportation security; 

15 (D) canine patrols for chemical, biological, 

16 or explosives detection; 

17 (E) overtime reimbursement for enhanced 

18 security personnel during significant national 

19 and international public events, consistent with 

20 the priorities established under section 4(a)(4); 

21 and 

22 (F) other appropriate security improve23 ments identified under section 4(a)(4), exclud24 ing routine, ongoing personnel costs. 
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1 (c) CONGRESSIONAL NOTIFICATION.—Not later than 

2 3 days before any grant is awarded under this section, 

3 the Secretary of Homeland Security shall notify the Com4 mittee on Banking, Housing, and Urban Affairs of the 

5 Senate of the intent to award such grant. 

6 (d) TRANSIT AGENCY RESPONSIBILITIES.—Each 

7 public transportation agency that receives a grant under 

8 this section shall— 

9 (1) identify a security coordinator to coordinate 

10 security improvements; 

11 (2) develop a comprehensive plan that dem12 onstrates the agency’s capacity for operating and 

13 maintaining the equipment purchased under this 

14 subsection; and 

15 (3) report annually to the Department of 

16 Homeland Security on the use of grant funds re17 ceived under this section. 

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

19 Secretary of Homeland Security determines that a grantee 

20 used any portion of the grant funds received under this 

21 section for a purpose other than the allowable uses speci22 fied for that grant under this section, the grantee shall 

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

24 States. 
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1 SEC. 6. INTELLIGENCE SHARING. 

2 (a) INTELLIGENCE SHARING.—The Secretary of 

3 Homeland Security shall ensure that the Department of 

4 Transportation receives appropriate and timely notifica5 tion of all credible terrorist threats against public trans6 portation assets in the United States. 

7 (b) INFORMATION SHARING ANALYSIS CENTER.— 

8 (1) ESTABLISHMENT.—The Department of 

9 Homeland Security shall fund the reasonable costs 

10 of the Information Sharing and Analysis Center for 

11 Public Transportation (referred to in this subsection 

12 as the ‘‘ISAC’’) established pursuant to Presidential 

13 Directive 63 to protect critical infrastructure. 

14 (2) PUBLIC TRANSPORTATION AGENCY PARTICI15 PATION.—The Secretary of Homeland Security— 

16 (A) shall require those public transpor17 tation agencies that the Secretary determines to 

18 be at significant risk of terrorist attack to par19 ticipate in the ISAC; 

20 (B) shall encourage all other public trans21 portation agencies to participate in the ISAC; 

22 and 

23 (C) shall not charge any public transpor24 tation agency a fee for participation in the 

25 ISAC. 
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1 SEC. 7. RESEARCH, DEVELOPMENT, AND DEMONSTRATION 

2 GRANTS. 

3 (a) GRANTS AUTHORIZED.—The Secretary of Home4 land Security, in consultation with the Federal Transit 

5 Administration, shall award grants to public or private en6 tities to conduct research into, and demonstration of, tech7 nologies and methods to reduce and deter terrorist threats 

8 or mitigate damages resulting from terrorist attacks 

9 against public transportation systems. 

10 (b) USE OF FUNDS.—Grants awarded under sub11 section (a) may be used for— 

12 (1) researching chemical, biological, radio13 logical, or explosive detection systems that do not 

14 significantly impede passenger access; 

15 (2) researching imaging technologies; 

16 (3) conducting product evaluations and testing; 

17 and 

18 (4) researching other technologies or methods 

19 for reducing or deterring terrorist attacks against 

20 public transportation systems, or mitigating damage 

21 from such attacks. 

22 (c) REPORTING REQUIREMENT.—Each entity that 

23 receives a grant under this section shall report annually 

24 to the Department of Homeland Security on the use of 

25 grant funds received under this section. 
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1 (d) RETURN OF MISSPENT GRANT FUNDS.—If the 

2 Secretary of Homeland Security determines that a grantee 

3 used any portion of the grant funds received under this 

4 section for a purpose other than the allowable uses speci5 fied under subsection (b), the grantee shall return any 

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

7 SEC. 8. REPORTING REQUIREMENTS. 

8 (a) ANNUAL REPORT TO CONGRESS.—Not later than 

9 March 31 of each year, the Secretary of Homeland Secu10 rity shall submit a report, which describes the implementa11 tion of section 4 through 7, and the state of public trans12 portation security in the United States, to— 

13 (1) the Committee on Banking, Housing, and 

14 Urban Affairs of the Senate; 

15 (2) the Committee on Governmental Affairs of 

16 the Senate; and 

17 (3) the Committee on Appropriations of the 

18 Senate. 

19 (b) ANNUAL REPORT TO GOVERNORS.—Not later 

20 than March 31 of each year, the Secretary of Homeland 

21 Security shall submit a report to the governor of each 

22 State in which a transit agency that has received a grant 

23 under this Act is operating that specifies the amount of 

24 grant funds distributed to each such transit agency and 

25 the use of such grant funds. 
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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

3 There are authorized to be appropriated $2,370,000,000 

4 for fiscal year 2005 to carry out the provisions of section 

5 5(a), which shall remain available until expended. 

6 (b) OPERATIONAL SECURITY ASSISTANCE PRO7 GRAM.—There are authorized to be appropriated to carry 

8 out the provisions of section 5(b)— 

9 (1) $534,000,000 for fiscal year 2005; 

10 (2) $333,000,000 for fiscal year 2006; and 

11 (3) $133,000,000 for fiscal year 2007. 

12 (c) INTELLIGENCE.—There are authorized to be ap13 propriated such sums as may be necessary to carry out 

14 the provisions of section 6. 

15 (d) RESEARCH.—There are authorized to be appro16 priated $130,000,000 for fiscal year 2005 to carry out the 

17 provisions of section 7, which shall remain available until 

18 expended. 

19 SEC. 10. SUNSET PROVISION. 

20 This Act is repealed on October 1, 2007. 

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