I 

108TH CONGRESS 

2D SESSION H. R. 5082 

To authorize the Secretary of Transportation to award grants to public 

transportation agencies and over-the-road bus operators to improve security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2004 

Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. PETRI, Mr. LIPINSKI, 

Mr. SHUSTER, and Mr. MENENDEZ) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure 

A BILL 

To authorize the Secretary of Transportation to award 

grants to public transportation agencies and over-theroad bus operators 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. 

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

5 Terrorism Prevention and Response Act of 2004’’. 
2 

•HR 5082 IH 

1 TITLE I—PUBLIC 

2 TRANSPORTATION SECURITY 

3 SEC. 101. FINDINGS; PURPOSE; PUBLIC TRANSPORTATION 

4 DEFINED. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) throughout the world, public transportation 

7 systems have been a primary target of terrorist at8 tacks, causing countless deaths and injuries; 

9 (2) 6,000 public transportation agencies operate 

10 in the United States; 

11 (3) 14,000,000 people in the United States ride 

12 public transportation each work day; 

13 (4) safe and secure public transportation sys14 tems are essential to the Nation’s economy and for 

15 significant national and international public events; 

16 (5) the Federal Transit Administration has in17 vested $68,700,000,000 since 1992 for construction 

18 and improvements to the Nation’s public transpor19 tation systems; 

20 (6) the Federal Government appropriately in21 vested $11,000,000,000 in fiscal years 2002 and 

22 2003 to protect our Nation’s aviation system and its 

23 1,800,000 daily passengers; 

24 (7) the Federal Government invested 

25 $115,000,000 in fiscal years 2003 and 2004 to pro-
3 

•HR 5082 IH 

1 tect public transportation systems in the United 

2 States; 

3 (8) the Federal Government has invested $9.16 

4 in aviation security improvements per passenger, but 

5 only $0.006 in public transportation security im6 provements per passenger; 

7 (9) the General Accounting Office, the Mineta 

8 International Institute for Surface Transportation 

9 Policy Studies, the American Public Transportation 

10 Association, and other experts have reported an ur11 gent need for significant investment in transit secu12 rity improvements; 

13 (10) Federal financial assistance for transit se14 curity improvements should be separate from and 

15 supplementary to funding for longstanding Federal 

16 programs for investment in public transportation in17 frastructure; 

18 (11) the Final Report of the National Commis19 sion on Terrorist Attacks Upon the United States 

20 (also known as the ‘‘9/11 Commission’’) found that 

21 the Government should— 

22 (A) identify and evaluate the transpor23 tation assets that need to be protected, set risk24 based priorities for defending them, and select 
4 

•HR 5082 IH 

1 the most practical and cost-effective ways of 

2 doing so; 

3 (B) develop a plan, a budget, and funding 

4 to implement the effort; and 

5 (C) assign roles and missions to the rel6 evant authorities (Federal, State, regional, and 

7 local) and to private stakeholders; 

8 (12) the Final Report of the 9/11 Commission 

9 also found that homeland security assistance should 

10 be based strictly on an assessment of risks and 

11 vulnerabilities; and 

12 (13) the Federal Government has a duty to 

13 deter and mitigate, to the greatest extent prac14 ticable, threats against the Nation’s public transpor15 tation systems. 

16 (b) PURPOSE.—The purpose of this Act is to award 

17 grants to public transportation agencies and over-the-road 

18 bus operators to improve security in a manner consistent 

19 with the recommendations of the 9/11 Commission de20 scribed in subsections (a)(11) and (a)(12). 

21 (c) PUBLIC TRANSPORTATION DEFINED.—In this 

22 title, the term ‘‘public transportation’’ has the meaning 

23 given such term in section 5302(a) of title 49, United 

24 States Code. 
5 

•HR 5082 IH 

1 SEC. 102. MEMORANDUM OF UNDERSTANDING. 

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

3 date of enactment of this Act, the Secretary of Transpor4 tation shall enter into a memorandum of understanding 

5 with the Secretary of Homeland Security to define and 

6 clarify the respective public transportation security roles 

7 and responsibilities of the Department of Transportation 

8 and the Department of Homeland Security. 

9 (b) CONTENTS.—The memorandum of understanding 

10 described in subsection (a) shall— 

11 (1) establish a process to develop security 

12 standards for public transportation agencies; 

13 (2) establish funding priorities for grants for 

14 security improvements from the Department of 

15 Transportation to public transportation agencies; 

16 (3) create a method of direct coordination with 

17 public transportation agencies on security matters; 

18 (4) address any other issues determined to be 

19 appropriate by the Secretary of Transportation and 

20 the Secretary of Homeland Security; and 

21 (5) include a formal and permanent mechanism 

22 to ensure coordination and involvement by the De23 partment of Transportation, as appropriate, in pub24 lic transportation security. 
6 

•HR 5082 IH 

1 SEC. 103. SECURITY ASSESSMENTS. 

2 (a) PUBLIC TRANSPORTATION SECURITY ASSESS3 MENTS.— 

4 (1) SUBMISSION.—The Federal Transit Admin5 istration of the Department of Transportation shall 

6 submit all public transportation security assessments 

7 conducted by the Federal Transit Administration 

8 and all other relevant information to the Depart9 ment of Homeland Security. 

10 (2) REVIEW.— 

11 (A) IN GENERAL.—Not later than 180 

12 days after the date of enactment of this Act, 

13 the Secretary of Transportation and the Sec14 retary of Homeland Security shall review and 

15 modify, as appropriate, the security assess16 ments received under paragraph (1). 

17 (B) COMPONENTS.—In conducting the re18 views, the Secretaries shall ensure that the as19 sessment of each public transportation system 

20 identifies— 

21 (i) the critical assets of the system; 

22 (ii) threats to those assets; 

23 (iii) security weaknesses in the system 

24 and its assets; and 

25 (iv) redundant and backup systems 

26 required to ensure the continued operation 
7 

•HR 5082 IH 

1 of critical elements of the system in the 

2 event of an attack or other incident. 

3 (3) ALLOCATIONS.— 

4 (A) IN GENERAL.—The Secretary of 

5 Transportation shall allocate grants under 

6 paragraph (5) among public transportation 

7 agencies receiving an assessment referred to in 

8 paragraph (1) based on the results of the as9 sessment, as modified under paragraph (2). 

10 (B) RESPONSE TO URGENT THREATS.— 

11 After providing written notice to the Committee 

12 on Transportation and Infrastructure of the 

13 House of Representatives and the Committee 

14 on Banking, Housing, and Urban Affairs of the 

15 Senate, the Secretary of Transportation may 

16 adjust grant allocations under this paragraph if 

17 the Secretary determines that the adjustment is 

18 necessary to respond to an urgent threat or 

19 other significant factors. 

20 (4) SECURITY IMPROVEMENT PRIORITIES.—The 

21 Secretary of Transportation shall establish security 

22 improvement priorities, in consultation with the 

23 management and employee representatives of each 

24 public transportation system receiving an assess-
8 

•HR 5082 IH 

1 ment. Such priorities shall apply to funds provided 

2 to a public transportation agency under section 104. 

3 (5) UPDATES.—The Secretary of Transpor4 tation and the Secretary of Homeland Security shall 

5 update the assessments referred to in this subsection 

6 at least once every 3 years and may conduct addi7 tional assessments of public transportation agencies 

8 considered to be at greatest risk of a terrorist at9 tack. 

10 (b) USE OF ASSESSMENT INFORMATION.—The Sec11 retary of Transportation shall use the information col12 lected under subsection (a)— 

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

15 (2) to design a security improvement strategy 

16 that minimizes terrorist threats to public transpor17 tation systems; and 

18 (3) to design a security improvement strategy 

19 that maximizes the efforts of public transportation 

20 systems to mitigate damage from terrorist attacks. 

21 SEC. 104. SECURITY ASSISTANCE GRANTS. 

22 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

23 (1) IN GENERAL.—The Secretary of Transpor24 tation shall award grants directly to public transpor-
9 

•HR 5082 IH 

1 tation agencies for allowable capital security im2 provements. 

3 (2) PRIORITIES.—A public transportation agen4 cy receiving a grant under this subsection shall use 

5 the grant to fund projects based on the priorities es6 tablished under section 103(a)(4). 

7 (3) ALLOWABLE USE OF FUNDS.—Grants 

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

9 (A) tunnel protection systems; 

10 (B) perimeter protection systems; 

11 (C) redundant critical operations control 

12 systems; 

13 (D) chemical, biological, radiological, or ex14 plosive detection systems; 

15 (E) surveillance equipment; 

16 (F) communications equipment; 

17 (G) emergency response equipment; 

18 (H) fire suppression and decontamination 

19 equipment; 

20 (I) global positioning or automated vehicle 

21 locator type system equipment; 

22 (J) evacuation improvements; and 

23 (K) other capital security improvements. 

24 (4) GOVERNMENT’S SHARE.—A grant for a cap25 ital security improvement project under this sub-
10 

•HR 5082 IH 

1 section shall be for 80 percent of the net project cost 

2 of the project. The recipient may provide additional 

3 local matching amounts. 

4 (b) OPERATIONAL SECURITY ASSISTANCE PRO5 GRAM.— 

6 (1) IN GENERAL.—The Secretary of Transpor7 tation shall award grants directly to public transpor8 tation agencies for allowable operational security im9 provements. 

10 (2) PRIORITIES.—A public transportation agen11 cy receiving a grant under this subsection shall use 

12 the grant to fund projects based on the priorities es13 tablished under section 103(a)(4). 

14 (3) ALLOWABLE USE OF FUNDS.—Grants 

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

16 (A) security training for transit employees, 

17 including bus and rail operators, mechanics, 

18 customer service, maintenance employees, tran19 sit police, and security personnel; 

20 (B) live or simulated drills; 

21 (C) public awareness campaigns for en22 hanced public transportation security; 

23 (D) canine patrols for chemical, biological, 

24 or explosives detection; 
11 

•HR 5082 IH 

1 (E) overtime reimbursement for enhanced 

2 security personnel during significant national 

3 and international public events, consistent with 

4 the priorities established under section 

5 103(a)(4); and 

6 (F) other appropriate security improve7 ments identified under section 103(a)(4), ex8 cluding routine, ongoing personnel costs. 

9 (4) GOVERNMENT’S SHARE.—A grant for an 

10 operating security improvement project under this 

11 subsection may not exceed 50 percent of the net 

12 project cost of the project. 

13 (c) TRANSIT AGENCY RESPONSIBILITIES.—Each 

14 public transportation agency that receives a grant under 

15 this section shall— 

16 (1) identify a security coordinator to coordinate 

17 security improvements; 

18 (2) develop a comprehensive plan that dem19 onstrates the agency’s capacity for operating and 

20 maintaining the equipment purchased under this 

21 section; and 

22 (3) report annually to the Department of 

23 Transportation on the use of grant funds received 

24 under this section. 
12 

•HR 5082 IH 

1 SEC. 105. 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 Secretary of Trans9 portation shall fund the reasonable costs of the In10 formation Sharing and Analysis Center for Public 

11 Transportation (referred to in this subsection as the 

12 ‘‘ISAC’’) established pursuant to Presidential Direc13 tive 63 to protect critical infrastructure. 

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

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. 
13 

•HR 5082 IH 

1 SEC. 106. REPORTING REQUIREMENT. 

2 (a) IN GENERAL.—Not later than September 30, 

3 2006, the Secretary of Transportation shall submit to the 

4 Committee on Transportation and Infrastructure of the 

5 House of Representatives and the Committee on Banking, 

6 Housing, and Urban Affairs of the Senate a report that 

7 describes the implementation of sections 103 through 105. 

8 The Secretary may submit the report in classified and un9 classified forms. 

10 (b) CONTENTS.—Based on security assessments and 

11 updates conducted under section 103, the report shall in12 clude— 

13 (1) a description of the state of public transpor14 tation security in the United States; and 

15 (2) a description of actions taken by Federal, 

16 State, regional, and local governments and private 

17 stakeholders to address threats to, and security 

18 weaknesses in, the public transportation system and 

19 its assets. 

20 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

22 There is authorized to be appropriated to carry out section 

23 104(a)— 

24 (1) $775,000,000 for fiscal year 2005; 

25 (2) $825,000,000 for fiscal year 2006; and 

26 (3) $880,000,000 for fiscal year 2007. 
14 

•HR 5082 IH 

1 (b) OPERATIONAL SECURITY ASSISTANCE PRO2 GRAM.—There is authorized to be appropriated to carry 

3 out section 104(b)— 

4 (1) $500,000,000 for fiscal year 2005; 

5 (2) $300,000,000 for fiscal year 2006; and 

6 (3) $100,000,000 for fiscal year 2007. 

7 (c) INFORMATION SHARING AND ANALYSIS CEN8 TER.—There is authorized to be appropriated to carry out 

9 section 105(b) $1,000,000 for each of fiscal years 2005 

10 through 2007. 

11 (d) PERIOD OF AVAILABILITY.—Sums appropriated 

12 pursuant to this section shall remain available until ex13 pended. 

14 TITLE II—OVER-THE-ROAD BUS 

15 SECURITY ASSISTANCE 

16 SEC. 201. EMERGENCY OVER-THE-ROAD BUS SECURITY AS17 SISTANCE. 

18 (a) IN GENERAL.—The Secretary of Transportation, 

19 acting through the Administrator of the Federal Motor 

20 Carrier Safety Administration, shall establish a program 

21 for making grants to private operators of over-the-road 

22 buses for system-wide security improvements to their oper23 ations, including— 
15 

•HR 5082 IH 

1 (1) constructing and modifying terminals, ga2 rages, facilities, or over-the-road buses to assure 

3 their security; 

4 (2) protecting or isolating the driver; 

5 (3) acquiring, upgrading, installing, or oper6 ating equipment, software, or accessorial services for 

7 collection, storage, or exchange of passenger and 

8 driver information through ticketing systems or oth9 erwise, and information links with government agen10 cies; 

11 (4) training employees in recognizing and re12 sponding to security threats, evacuation procedures, 

13 passenger screening procedures, and baggage inspec14 tion; 

15 (5) hiring and training security officers; 

16 (6) installing cameras and video surveillance 

17 equipment on over-the-road buses and at terminals, 

18 garages, and over-the-road bus facilities; 

19 (7) creating a program for employee identifica20 tion or background investigation; 

21 (8) establishing an emergency communications 

22 system linked to law enforcement and emergency 

23 personnel; and 
16 

•HR 5082 IH 

1 (9) implementing and operating passenger 

2 screening programs at terminals and on over-the3 road buses. 

4 (b) REIMBURSEMENT.— 

5 (1) IN GENERAL.—A grant under this title may 

6 be used to provide reimbursement to private opera7 tors of over-the-road buses for extraordinary secu8 rity-related costs for improvements described in 

9 paragraphs (1) through (9) of subsection (a), deter10 mined by the Secretary to have been incurred by 

11 such operators since September 11, 2001. 

12 (2) LIMITATION.—Not more than 20 percent of 

13 the amounts appropriated for a fiscal year to carry 

14 out this title may be used to provide reimbursements 

15 under this subsection. 

16 (c) FEDERAL SHARE.—The Federal share of the cost 

17 for which any grant is made under this title shall be 80 

18 percent. 

19 (d) DUE CONSIDERATION.—In making grants under 

20 this title, the Secretary shall give due consideration to pri21 vate operators of over-the-road buses that have taken 

22 measures to enhance bus transportation security from 

23 those in effect before September 11, 2001. 

24 (e) GRANT REQUIREMENTS.—A grant under this title 

25 shall be subject to all the terms and conditions that a 
17 

•HR 5082 IH 

1 grant is subject to under section 3038(f) of the Transpor2 tation Equity Act for the 21st Century (49 U.S.C. 5310 

3 note; 112 Stat. 393). 

4 SEC. 202. PLAN REQUIREMENT. 

5 (a) IN GENERAL.—The Secretary may not make a 

6 grant under this title to a private operator of over-the7 road buses until the operator has first submitted to the 

8 Secretary— 

9 (1) a plan for making security improvements 

10 described in section 201 and the Secretary has ap11 proved the plan; and 

12 (2) such additional information as the Secretary 

13 may require to ensure accountability for the obliga14 tion and expenditure of amounts made available to 

15 the operator under the grant. 

16 (b) COORDINATION.—To the extent that an applica17 tion for a grant under this section proposes security im18 provements within a specific terminal owned and operated 

19 by an entity other than the applicant, the applicant shall 

20 demonstrate to the satisfaction of the Secretary that the 

21 applicant has coordinated the security improvements for 

22 the terminal with that entity. 

23 (c) CONSULTATION WITH DHS.—In approving plans 

24 under subsection (a)(1), the Secretary may consult with 

25 the Secretary of Homeland Security. 
18 

•HR 5082 IH 

1 SEC. 203. OVER-THE-ROAD BUS DEFINED. 

2 In this title, the term ‘‘over-the-road bus’’ means a 

3 bus characterized by an elevated passenger deck located 

4 over a baggage compartment. 

5 SEC. 204. BUS SECURITY ASSESSMENT. 

6 (a) IN GENERAL.—Not later than 180 days after the 

7 date of enactment of this Act, the Secretary of Transpor8 tation shall transmit to the Committee on Transportation 

9 and Infrastructure of the House of Representatives and 

10 the Committee on Commerce, Science, and Transportation 

11 of the Senate a preliminary report in accordance with the 

12 requirements of this section. 

13 (b) CONTENTS OF PRELIMINARY REPORT.—The pre14 liminary report shall include— 

15 (1) an assessment of the over-the-road bus se16 curity grant program; 

17 (2) an assessment of actions already taken to 

18 address identified security issues by both public and 

19 private entities and recommendations on whether ad20 ditional safety and security enforcement actions are 

21 needed; 

22 (3) an assessment of whether additional legisla23 tion is needed to provide for the security of Ameri24 cans traveling on over-the-road buses; 

25 (4) an assessment of the economic impact that 

26 security upgrades of buses and bus facilities may 
19 

•HR 5082 IH 

1 have on the over-the-road bus transportation indus2 try and its employees; 

3 (5) an assessment of ongoing research and the 

4 need for additional research on over-the-road bus se5 curity, including engine shut-off mechanisms, chem6 ical and biological weapon detection technology, and 

7 the feasibility of compartmentalization of the driver; 

8 and 

9 (6) an assessment of industry best practices to 

10 enhance security. 

11 (c) CONSULTATION WITH INDUSTRY, LABOR, AND

12 OTHER GROUPS.—In carrying out this section, the Sec13 retary shall consult with over-the-road bus management 

14 and labor representatives, public safety and law enforce15 ment officials, and the National Academy of Sciences. 

16 SEC. 205. FUNDING. 

17 There is authorized to be appropriated to the Sec18 retary of Transportation to carry out this title 

19 $50,000,000 for each of fiscal years 2005 through 2007. 

20 Such sums shall remain available until expended. 

Æ