IB 

Union Calendar No. 463 

108TH CONGRESS 

2D SESSION H. R. 5082 

[Report No. 108–746] 

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 

OCTOBER 6, 2004 

Additional sponsor: Mr. NADLER

OCTOBER 6, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 15, 2004] 

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. 
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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’’. 

6 TITLE I—PUBLIC 

7 TRANSPORTATION SECURITY 

8 SEC. 101. FINDINGS; PURPOSE; PUBLIC TRANSPORTATION 

9 DEFINED. 

10 (a) FINDINGS.—Congress finds that— 

11 (1) throughout the world, public transportation 

12 systems have been a primary target of terrorist at13 tacks, causing countless deaths and injuries; 

14 (2) 6,000 public transportation agencies operate 

15 in the United States; 

16 (3) 14,000,000 people in the United States ride 

17 public transportation each work day; 

18 (4) safe and secure public transportation systems 

19 are essential to the Nation’s economy and for signifi20 cant national and international public events; 

21 (5) the Federal Transit Administration has in22 vested $68,700,000,000 since 1992 for construction 

23 and improvements to the Nation’s public transpor24 tation systems; 
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1 (6) the Federal Government appropriately in2 vested $11,000,000,000 in fiscal years 2002 and 2003 

3 to protect our Nation’s aviation system and its 

4 1,800,000 daily passengers; 

5 (7) the Federal Government invested 

6 $115,000,000 in fiscal years 2003 and 2004 to protect 

7 public transportation systems in the United States; 

8 (8) the Federal Government has invested $9.16 

9 in aviation security improvements per passenger, but 

10 only $0.006 in public transportation security im11 provements per passenger; 

12 (9) the General Accounting Office, the Mineta 

13 International Institute for Surface Transportation 

14 Policy Studies, the American Public Transportation 

15 Association, and other experts have reported an ur16 gent need for significant investment in transit secu17 rity improvements; 

18 (10) Federal financial assistance for transit se19 curity improvements should be separate from and 

20 supplementary to funding for longstanding Federal 

21 programs for investment in public transportation in22 frastructure; 

23 (11) the Final Report of the National Commis24 sion on Terrorist Attacks Upon the United States 
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1 (also known as the ‘‘9/11 Commission’’) found that 

2 the Federal Government should— 

3 (A) identify and evaluate the transportation 

4 assets that need to be protected, set risk-based 

5 priorities for defending them, and select the most 

6 practical and cost-effective ways of doing so; 

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

8 to implement the effort; and 

9 (C) assign roles and missions to the relevant 

10 authorities (Federal, State, regional, and local) 

11 and to private stakeholders; 

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

13 also found that homeland security assistance should 

14 be based strictly on an assessment of risks and 

15 vulnerabilities; and 

16 (13) the Federal Government has a duty to deter 

17 and mitigate, to the greatest extent practicable, 

18 threats against the Nation’s public transportation 

19 systems. 

20 (b) PURPOSE.—The purpose of this title is to award 

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

22 bus operators to improve security in a manner consistent 

23 with the recommendations of the 9/11 Commission described 

24 in subsections (a)(11) and (a)(12). 
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1 (c) PUBLIC TRANSPORTATION DEFINED.—In this title, 

2 the term ‘‘public transportation’’ has the meaning given 

3 such term in section 5302(a) of title 49, United States Code. 

4 SEC. 102. MEMORANDUM OF UNDERSTANDING. 

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

6 date of enactment of this Act, the Secretary of Transpor7 tation shall enter into a memorandum of understanding 

8 with the Secretary of Homeland Security to define and clar9 ify the respective public transportation security roles and 

10 responsibilities of the Department of Transportation and 

11 the Department of Homeland Security. 

12 (b) CONTENTS.—The memorandum of understanding 

13 described in subsection (a) shall— 

14 (1) establish a process to develop security stand15 ards for public transportation agencies; 

16 (2) establish funding priorities for grants for se17 curity improvements from the Department of Trans18 portation to public transportation agencies; 

19 (3) create a method of direct coordination with 

20 public transportation agencies on security matters; 

21 (4) address any other issues determined to be ap22 propriate by the Secretary of Transportation and the 

23 Secretary of Homeland Security; and 

24 (5) include a formal and permanent mechanism 

25 to ensure coordination and involvement by the De-
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1 partment of Transportation, as appropriate, in pub2 lic transportation security. 

3 SEC. 103. SECURITY ASSESSMENTS. 

4 (a) PUBLIC TRANSPORTATION SECURITY ASSESS5 MENTS.— 

6 (1) SUBMISSION.—The Federal Transit Adminis7 tration of the Department of Transportation shall 

8 submit all public transportation security assessments 

9 conducted by the Federal Transit Administration and 

10 all other relevant information to the Department of 

11 Homeland Security. 

12 (2) REVIEW.— 

13 (A) IN GENERAL.—Not later than 180 days 

14 after the date of enactment of this Act, the Sec15 retary of Transportation and the Secretary of 

16 Homeland Security shall review and modify, as 

17 appropriate, the security assessments received 

18 under paragraph (1). 

19 (B) COMPONENTS.—In conducting the re20 views, the Secretaries shall ensure that the assess21 ment of each public transportation system iden22 tifies— 

23 (i) the critical assets of the system; 

24 (ii) threats to those assets; 
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1 (iii) security weaknesses in the system 

2 and its assets; 

3 (iv) redundant and backup systems re4 quired to ensure the continued operation of 

5 critical elements of the system in the event 

6 of an attack or other incident; and 

7 (v) the extent to which public transpor8 tation employees, including bus and rail op9 erators, mechanics, customer service per10 sonnel, maintenance employees, transit po11 lice, and security personnel, have received 

12 training in security awareness and public 

13 transportation system emergency response 

14 procedures. 

15 (3) ALLOCATIONS.— 

16 (A) IN GENERAL.—The Secretary of Trans17 portation shall allocate grants under section 104 

18 among public transportation agencies receiving 

19 an assessment referred to in paragraph (1) based 

20 on the results of the assessment, as modified 

21 under paragraph (2). 

22 (B) RESPONSE TO URGENT THREATS.— 

23 After providing written notice to the Committee 

24 on Transportation and Infrastructure of the 

25 House of Representatives and the Committee on 
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1 Banking, Housing, and Urban Affairs of the 

2 Senate, the Secretary of Transportation may ad3 just grant allocations under this paragraph if 

4 the Secretary determines that the adjustment is 

5 necessary to respond to an urgent threat or other 

6 significant factors. 

7 (4) SECURITY IMPROVEMENT PRIORITIES.—The 

8 Secretary of Transportation shall establish security 

9 improvement priorities, in consultation with the 

10 management and employee representatives of each 

11 public transportation system receiving an assessment. 

12 Such priorities shall apply to funds provided to a 

13 public transportation agency under section 104. 

14 (5) UPDATES.—The Secretary of Transportation 

15 and the Secretary of Homeland Security shall update 

16 the assessments referred to in this subsection at least 

17 once every 3 years and may conduct additional as18 sessments of public transportation agencies considered 

19 to be at greatest risk of a terrorist attack. 

20 (b) USE OF ASSESSMENT INFORMATION.—The Sec21 retary of Transportation shall use the information collected 

22 under subsection (a)— 

23 (1) to establish the process for developing secu24 rity guidelines for public transportation security; 
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1 (2) to design a security improvement strategy 

2 that minimizes terrorist threats to public transpor3 tation systems; and 

4 (3) to design a security improvement strategy 

5 that maximizes the efforts of public transportation 

6 systems to mitigate damage from terrorist attacks. 

7 SEC. 104. SECURITY ASSISTANCE GRANTS. 

8 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

9 (1) IN GENERAL.—The Secretary of Transpor10 tation shall award grants directly to public transpor11 tation agencies for allowable capital security improve12 ments. 

13 (2) PRIORITIES.—A public transportation agen14 cy receiving a grant under this subsection shall use 

15 the grant to fund projects based on the priorities es16 tablished under section 103(a)(4). 

17 (3) ALLOWABLE USE OF FUNDS.—Grants award18 ed under paragraph (1) may be used for— 

19 (A) tunnel protection systems; 

20 (B) perimeter protection systems; 

21 (C) redundant critical operations control 

22 systems; 

23 (D) chemical, biological, radiological, or ex24 plosive detection systems; 

25 (E) surveillance equipment; 
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1 (F) inspection technology; 

2 (G) communications equipment; 

3 (H) emergency response equipment; 

4 (I) fire suppression and decontamination 

5 equipment; 

6 (J) global positioning or automated vehicle 

7 locator type system equipment; 

8 (K) evacuation improvements; and 

9 (L) other capital security improvements. 

10 (4) GOVERNMENT’S SHARE.—A grant for a cap11 ital security improvement project under this sub12 section shall be for 80 percent of the net project cost 

13 of the project. The recipient may provide additional 

14 local matching amounts. 

15 (b) OPERATIONAL SECURITY ASSISTANCE PROGRAM.— 

16 (1) IN GENERAL.—The Secretary of Transpor17 tation shall award grants directly to public transpor18 tation agencies for allowable operational security im19 provements. 

20 (2) PRIORITIES.—A public transportation agen21 cy receiving a grant under this subsection shall use 

22 the grant to fund projects based on the priorities es23 tablished under section 103(a)(4). 

24 (3) ALLOWABLE USE OF FUNDS.—Grants award25 ed under paragraph (1) may be used for— 
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1 (A) security training for transit employees, 

2 including bus and rail operators, mechanics, cus3 tomer service employees, maintenance employees, 

4 transit police, and security personnel; 

5 (B) live or simulated drills; 

6 (C) public awareness campaigns for en7 hanced public transportation security; 

8 (D) canine patrols for chemical, biological, 

9 or explosives detection; 

10 (E) overtime reimbursement for enhanced 

11 security personnel during significant national 

12 and international public events, consistent with 

13 the priorities established under section 103(a)(4); 

14 and 

15 (F) other appropriate security improve16 ments identified under section 103(a)(4), includ17 ing hiring additional security personnel deter18 mined necessary under section 103(a)(4), but ex19 cluding routine, ongoing personnel costs. 

20 (4) GOVERNMENT’S SHARE.—A grant for an op21 erating security improvement project under this sub22 section may not exceed 50 percent of the net project 

23 cost of the project. 
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1 (c) TRANSIT AGENCY RESPONSIBILITIES.—Each pub2 lic transportation agency that receives a grant under this 

3 section shall— 

4 (1) identify a security coordinator to coordinate 

5 security improvements; 

6 (2) develop a comprehensive plan that dem7 onstrates the agency’s capacity for operating and 

8 maintaining the equipment purchased under this sec9 tion; and 

10 (3) report annually to the Department of Trans11 portation on the use of grant funds received under 

12 this section. 

13 (d) GRANT REQUIREMENTS.—Except as otherwise spe14 cifically provided in this Act, a grant provided under this 

15 section shall be subject to the terms and conditions applica16 ble to grants made under section 5307 of title 49, United 

17 States Code, and to such other terms and conditions as are 

18 determined by the Secretary. 

19 SEC. 105. INTELLIGENCE SHARING. 

20 (a) INTELLIGENCE SHARING.—The Secretary of 

21 Homeland Security shall ensure that the Department of 

22 Transportation receives appropriate and timely notifica23 tion of all credible terrorist threats against public transpor24 tation assets in the United States. 

25 (b) INFORMATION SHARING ANALYSIS CENTER.— 
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1 (1) ESTABLISHMENT.—The Secretary of Trans2 portation shall fund the reasonable costs of the Infor3 mation Sharing and Analysis Center for Public 

4 Transportation (referred to in this subsection as the 

5 ‘‘ISAC’’) established pursuant to Presidential Direc6 tive 63 to protect critical infrastructure. 

7 (2) PUBLIC TRANSPORTATION AGENCY PARTICI8 PATION.—The Secretary of Transportation— 

9 (A) shall require those public transportation 

10 agencies that the Secretary determines to be at 

11 significant risk of terrorist attack to participate 

12 in the ISAC; 

13 (B) shall encourage all other public trans14 portation agencies to participate in the ISAC; 

15 and 

16 (C) shall not charge any public transpor17 tation agency a fee for participation in the 

18 ISAC. 

19 SEC. 106. REPORTING REQUIREMENT. 

20 (a) IN GENERAL.—Not later than September 30, 2006, 

21 the Secretary of Transportation shall submit to the Com22 mittee on Transportation and Infrastructure of the House 

23 of Representatives and the Committee on Banking, Hous24 ing, and Urban Affairs of the Senate a report that describes 

25 the implementation of sections 103 through 105. The Sec-
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1 retary may submit the report in classified and unclassified 

2 forms. 

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

4 updates conducted under section 103, the report shall in5 clude— 

6 (1) a description of the state of public transpor7 tation security in the United States; and 

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

9 State, regional, and local governments and private 

10 stakeholders to address threats to, and security weak11 nesses in, the public transportation system and its as12 sets. 

13 SEC. 107. PUBLIC TRANSPORTATION EMPLOYEE SECURITY 

14 TRAINING PROGRAM. 

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

16 date of enactment of this Act, the Secretary of Transpor17 tation, in consultation with the Secretary of Homeland Se18 curity, appropriate law enforcement, security, and ter19 rorism experts, representatives of public transportation 

20 agencies, and representatives of public transportation em21 ployees, shall develop and issue guidelines for a public 

22 transportation employee security training program to pre23 pare public transportation employees for potential threat 

24 conditions. 

25 (b) PUBLIC TRANSPORTATION AGENCY PROGRAMS.— 
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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date on which Secretary issues guidance under 

3 subsection (a) in final form, each public transpor4 tation agency that has received or is undergoing a se5 curity assessment under section 103 shall develop an 

6 employee training program in accordance with such 

7 guidance. 

8 (2) REVIEW AND APPROVAL.—Each public trans9 portation agency referred to in paragraph (1) shall 

10 submit its employee training program to the Sec11 retary for review and approval or amendment. 

12 (3) IMPLEMENTATION.—Not later than one year 

13 after the date on which the Secretary approves an em14 ployee training program of a public transportation 

15 agency under paragraph (2), the agency shall com16 plete employee training in accordance with such pro17 gram at least with respect to the employees of the 

18 agency identified in the agency’s security assessment 

19 under section 103. 

20 (c) REPORTING.—As part of the Secretary’s report to 

21 Congress under section 106, the Secretary shall include an 

22 analysis of the extent to which public transportation agen23 cies are successfully carrying out the employee training pro24 grams described in this section. 
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1 SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

3 There is authorized to be appropriated to carry out section 

4 104(a)— 

5 (1) $775,000,000 for fiscal year 2005; 

6 (2) $825,000,000 for fiscal year 2006; and 

7 (3) $880,000,000 for fiscal year 2007. 

8 (b) OPERATIONAL SECURITY ASSISTANCE PROGRAM.— 

9 There is authorized to be appropriated to carry out section 

10 104(b)— 

11 (1) $400,000,000 for fiscal year 2005; 

12 (2) $300,000,000 for fiscal year 2006; and 

13 (3) $200,000,000 for fiscal year 2007. 

14 (c) INFORMATION SHARING AND ANALYSIS CENTER.— 

15 There is authorized to be appropriated to carry out section 

16 105(b) $1,000,000 for each of fiscal years 2005 through 

17 2007. 

18 (d) PERIOD OF AVAILABILITY.—Sums appropriated 

19 pursuant to this section shall remain available until ex20 pended. 

21 TITLE II—OVER-THE-ROAD BUS 

22 SECURITY ASSISTANCE 

23 SEC. 201. EMERGENCY OVER-THE-ROAD BUS SECURITY AS24 SISTANCE. 

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

26 acting through the Administrator of the Federal Motor Car-
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1 rier Safety Administration, shall establish a program for 

2 making grants to private operators of over-the-road buses 

3 for system-wide security improvements to their operations, 

4 including— 

5 (1) constructing and modifying terminals, ga6 rages, facilities, or over-the-road buses to assure their 

7 security; 

8 (2) protecting or isolating the driver; 

9 (3) acquiring, upgrading, installing, or oper10 ating equipment, software, or accessorial services for 

11 collection, storage, or exchange of passenger and driv12 er information through ticketing systems or otherwise, 

13 and information links with government agencies; 

14 (4) training employees in recognizing and re15 sponding to security threats, evacuation procedures, 

16 passenger screening procedures, and baggage inspec17 tion; 

18 (5) hiring and training security officers; 

19 (6) installing cameras and video surveillance 

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

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

22 (7) creating a program for employee identifica23 tion or background investigation; 
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1 (8) establishing an emergency communications 

2 system linked to law enforcement and emergency per3 sonnel; and 

4 (9) implementing and operating passenger 

5 screening programs at terminals and on over-the-road 

6 buses. 

7 (b) REIMBURSEMENT.— 

8 (1) IN GENERAL.—A grant under this section 

9 may be used to provide reimbursement to private op10 erators of over-the-road buses for extraordinary secu11 rity-related costs for improvements described in para12 graphs (1) through (9) of subsection (a), determined 

13 by the Secretary to have been incurred by such opera14 tors since September 11, 2001. 

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

16 the amounts appropriated for a fiscal year to carry 

17 out this title may be used to provide reimbursements 

18 under this subsection. 

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

20 for which any grant is made under this section shall be 

21 80 percent. 

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

23 this section, the Secretary shall give due consideration to 

24 private operators of over-the-road buses that have taken 
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1 measures to enhance bus transportation security from those 

2 in effect before September 11, 2001. 

3 (e) GRANT REQUIREMENTS.—A grant under this sec4 tion shall be subject to all the terms and conditions that 

5 a grant is subject to under section 3038(f) of the Transpor6 tation Equity Act for the 21st Century (49 U.S.C. 5310 

7 note; 112 Stat. 393). 

8 (f) REPORT ON INDUSTRY PRIORITIES.— 

9 (1) STUDY.—The Administrator of the Federal 

10 Motor Carrier Safety Administration shall conduct a 

11 study of— 

12 (A) the critical assets and systems of the na13 tionwide over-the-road bus industry; 

14 (B) security threats to the assets and sys15 tems; 

16 (C) security weaknesses in the assets and 

17 systems; and 

18 (D) redundant and backup systems required 

19 to ensure the continued operation of critical ele20 ments of the assets and systems in the event of 

21 an attack or other incident. 

22 (2) CONSULTATION.—In conducting the study, 

23 the Administrator shall consult with private over-the24 road bus operators and their trade association rep25 resentatives. 
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1 (3) REPORT.—Not later than 180 days after the 

2 date of enactment of this Act, the Administrator shall 

3 submit to the Secretary of Transportation and the 

4 Secretary of Homeland Security a report, based on 

5 the results of the study, detailing the critical assets, 

6 threats, and weaknesses in the over-the-road bus in7 dustry. The Administrator shall update the report on 

8 an annual basis. 

9 (g) ALLOCATION OF GRANTS.—The Secretary of Trans10 portation, in consultation with the Secretary of Homeland 

11 Security, shall establish priorities for the allocation of 

12 grants under this section based on the report required by 

13 subsection (f)(3) and shall make grants under this section 

14 in accordance with those priorities. 

15 SEC. 202. PLAN REQUIREMENT. 

16 (a) IN GENERAL.—The Secretary of Transportation 

17 may not make a grant under section 201 to a private oper18 ator of over-the-road buses until the operator has first sub19 mitted to the Secretary an application containing— 

20 (1) a plan for making security improvements de21 scribed in section 201 and the Secretary has approved 

22 the plan; and 

23 (2) such additional information as the Secretary 

24 may require to ensure accountability for the obliga-
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1 tion and expenditure of amounts made available to 

2 the operator under the grant. 

3 (b) COORDINATION.—To the extent that an application 

4 for a grant submitted under this section proposes security 

5 improvements within a specific terminal owned and oper6 ated by an entity other than the applicant, the applicant 

7 shall demonstrate to the satisfaction of the Secretary that 

8 the applicant has coordinated the security improvements for 

9 the terminal with that entity. 

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

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

12 Secretary of Homeland Security. 

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

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

15 characterized by an elevated passenger deck located over a 

16 baggage compartment. 

17 SEC. 204. BUS SECURITY ASSESSMENT. 

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

19 date of enactment of this Act, the Secretary of Transpor20 tation shall transmit to the Committee on Transportation 

21 and Infrastructure of the House of Representatives and the 

22 Committee on Commerce, Science, and Transportation of 

23 the Senate a preliminary report in accordance with the re24 quirements of this section. 
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1 (b) CONTENTS OF PRELIMINARY REPORT.—The pre2 liminary report shall include— 

3 (1) an assessment of the over-the-road bus secu4 rity grant program; 

5 (2) an assessment of actions already taken to ad6 dress identified security issues by both public and 

7 private entities and recommendations on whether ad8 ditional safety and security enforcement actions are 

9 needed; 

10 (3) an assessment of whether additional legisla11 tion is needed to provide for the security of Americans 

12 traveling on over-the-road buses; 

13 (4) an assessment of the economic impact that 

14 security upgrades of buses and bus facilities may have 

15 on the over-the-road bus transportation industry and 

16 its employees; 

17 (5) an assessment of ongoing research and the 

18 need for additional research on over-the-road bus se19 curity, including engine shut-off mechanisms, chem20 ical and biological weapon detection technology, and 

21 the feasibility of compartmentalization of the driver; 

22 and 

23 (6) an assessment of industry best practices to 

24 enhance security. 
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1 (c) CONSULTATION WITH INDUSTRY, LABOR, AND

2 OTHER GROUPS.—In carrying out this section, the Sec3 retary shall consult with over-the-road bus management 

4 and labor representatives, public safety and law enforce5 ment officials, and the National Academy of Sciences. 

6 SEC. 205. FUNDING. 

7 There is authorized to be appropriated to the Secretary 

8 of Transportation to carry out this title $50,000,000 for 

9 each of fiscal years 2005 through 2007. Such sums shall 

10 remain available until expended. 
Union Calendar No. 463 

108TH CONGRESS 

2D SESSION H. R. 5082 

[Report No. 108–746] 

A BILL 

To authorize the Secretary of Transportation to 

rity, and for other purposes. and over-the-road bus operators to improve secuaward grants to public transportation agencies 

OCTOBER 6, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,