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 secu-
rity, 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-the- 
road bus operators to improve security, and for other 
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Transportation 
Terrorism Prevention and Response Act of 2004’’. 
TITLE I—PUBLIC 
TRANSPORTATION SECURITY 
SEC. 101. FINDINGS; PURPOSE; PUBLIC TRANSPORTATION 
DEFINED. 
(a) FINDINGS.—Congress finds that— 
(1) throughout the world, public transportation 
systems have been a primary target of terrorist at-
tacks, causing countless deaths and injuries; 
(2) 6,000 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 to the Nation’s economy and for signifi-
cant national and international public events; 
(5) the Federal Transit Administration has in-
vested $68,700,000,000 since 1992 for construction 
and improvements to the Nation’s public transpor-
tation systems;
(6) the Federal Government appropriately in-
vested $11,000,000,000 in fiscal years 2002 and 2003 
to protect our Nation’s aviation system and its 
1,800,000 daily passengers; 
(7) 
the 
Federal 
Government 
invested 
$115,000,000 in fiscal years 2003 and 2004 to protect 
public transportation systems in the United States; 
(8) the Federal Government has invested $9.16 
in aviation security improvements per passenger, but 
only $0.006 in public transportation security im-
provements per passenger; 
(9) the General Accounting Office, the Mineta 
International Institute for Surface Transportation 
Policy Studies, the American Public Transportation 
Association, and other experts have reported an ur-
gent need for significant investment in transit secu-
rity improvements; 
(10) Federal financial assistance for transit se-
curity improvements should be separate from and 
supplementary to funding for longstanding Federal 
programs for investment in public transportation in-
frastructure; 
(11) the Final Report of the National Commis-
sion on Terrorist Attacks Upon the United States
(also known as the ‘‘9/11 Commission’’) found that 
the Federal Government should— 
(A) identify and evaluate the transportation 
assets that need to be protected, set risk-based 
priorities for defending them, and select the most 
practical and cost-effective ways of doing so; 
(B) develop a plan, a budget, and funding 
to implement the effort; and 
(C) assign roles and missions to the relevant 
authorities (Federal, State, regional, and local) 
and to private stakeholders; 
(12) the Final Report of the 9/11 Commission 
also found that homeland security assistance should 
be based strictly on an assessment of risks and 
vulnerabilities; and 
(13) the Federal Government has a duty to deter 
and mitigate, to the greatest extent practicable, 
threats against the Nation’s public transportation 
systems. 
(b) PURPOSE.—The purpose of this title is to award 
grants to public transportation agencies and over-the-road 
bus operators to improve security in a manner consistent 
with the recommendations of the 9/11 Commission described 
in subsections (a)(11) and (a)(12).
(c) PUBLIC TRANSPORTATION DEFINED.—In this title, 
the term ‘‘public transportation’’ has the meaning given 
such term in section 5302(a) of title 49, United States Code. 
SEC. 102. MEMORANDUM OF UNDERSTANDING. 
(a) IN GENERAL.—Not later than 45 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall enter into a memorandum of understanding 
with the Secretary of Homeland Security to define and clar-
ify the respective public transportation security roles and 
responsibilities of the Department of Transportation and 
the Department of Homeland Security. 
(b) CONTENTS.—The memorandum of understanding 
described in subsection (a) shall— 
(1) establish a process to develop security stand-
ards for public transportation agencies; 
(2) establish funding priorities for grants for se-
curity improvements from the Department of Trans-
portation to public transportation agencies; 
(3) create a method of direct coordination with 
public transportation agencies on security matters; 
(4) address any other issues determined to be ap-
propriate by the Secretary of Transportation and the 
Secretary of Homeland Security; and 
(5) include a formal and permanent mechanism 
to ensure coordination and involvement by the De-
partment of Transportation, as appropriate, in pub-
lic transportation security. 
SEC. 103. SECURITY ASSESSMENTS. 
(a) PUBLIC
TRANSPORTATION
SECURITY
ASSESS-
MENTS.— 
(1) SUBMISSION.—The Federal Transit Adminis-
tration of the Department of Transportation shall 
submit all public transportation security assessments 
conducted by the Federal Transit Administration and 
all other relevant information to the Department of 
Homeland Security. 
(2) REVIEW.— 
(A) IN GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of Transportation and the Secretary of 
Homeland Security shall review and modify, as 
appropriate, the security assessments received 
under paragraph (1). 
(B) COMPONENTS.—In conducting the re-
views, the Secretaries shall ensure that the assess-
ment of each public transportation system iden-
tifies— 
(i) the critical assets of the system; 
(ii) threats to those assets;
(iii) security weaknesses in the system 
and its assets; 
(iv) redundant and backup systems re-
quired to ensure the continued operation of 
critical elements of the system in the event 
of an attack or other incident; and 
(v) the extent to which public transpor-
tation employees, including bus and rail op-
erators, mechanics, customer service per-
sonnel, maintenance employees, transit po-
lice, and security personnel, have received 
training in security awareness and public 
transportation system emergency response 
procedures. 
(3) ALLOCATIONS.— 
(A) IN GENERAL.—The Secretary of Trans-
portation shall allocate grants under section 104 
among public transportation agencies receiving 
an assessment referred to in paragraph (1) based 
on the results of the assessment, as modified 
under paragraph (2). 
(B) RESPONSE
TO
URGENT
THREATS.— 
After providing written notice to the Committee 
on Transportation and Infrastructure of the 
House of Representatives and the Committee on
(2) to design a security improvement strategy 
that minimizes terrorist threats to public transpor-
tation systems; and 
(3) to design a security improvement strategy 
that maximizes the efforts of public transportation 
systems to mitigate damage from terrorist attacks. 
SEC. 104. SECURITY ASSISTANCE GRANTS. 
(a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall award grants directly to public transpor-
tation agencies for allowable capital security improve-
ments. 
(2) PRIORITIES.—A public transportation agen-
cy receiving a grant under this subsection shall use 
the grant to fund projects based on the priorities es-
tablished under section 103(a)(4). 
(3) ALLOWABLE USE OF FUNDS.—Grants award-
ed 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 ex-
plosive detection systems; 
(E) surveillance equipment;
(F) inspection technology; 
(G) communications equipment; 
(H) emergency response equipment; 
(I) fire suppression and decontamination 
equipment; 
(J) global positioning or automated vehicle 
locator type system equipment; 
(K) evacuation improvements; and 
(L) other capital security improvements. 
(4) GOVERNMENT’S SHARE.—A grant for a cap-
ital security improvement project under this sub-
section shall be for 80 percent of the net project cost 
of the project. The recipient may provide additional 
local matching amounts. 
(b) OPERATIONAL SECURITY ASSISTANCE PROGRAM.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall award grants directly to public transpor-
tation agencies for allowable operational security im-
provements. 
(2) PRIORITIES.—A public transportation agen-
cy receiving a grant under this subsection shall use 
the grant to fund projects based on the priorities es-
tablished under section 103(a)(4). 
(3) ALLOWABLE USE OF FUNDS.—Grants award-
ed under paragraph (1) may be used for—
(A) security training for transit employees, 
including bus and rail operators, mechanics, cus-
tomer service employees, maintenance employees, 
transit police, and security personnel; 
(B) live or simulated drills; 
(C) public awareness campaigns for en-
hanced 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 103(a)(4); 
and 
(F) other appropriate security improve-
ments identified under section 103(a)(4), includ-
ing hiring additional security personnel deter-
mined necessary under section 103(a)(4), but ex-
cluding routine, ongoing personnel costs. 
(4) GOVERNMENT’S SHARE.—A grant for an op-
erating security improvement project under this sub-
section may not exceed 50 percent of the net project 
cost of the project.
(c) TRANSIT AGENCY RESPONSIBILITIES.—Each pub-
lic 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 dem-
onstrates the agency’s capacity for operating and 
maintaining the equipment purchased under this sec-
tion; and 
(3) report annually to the Department of Trans-
portation on the use of grant funds received under 
this section. 
(d) GRANT REQUIREMENTS.—Except as otherwise spe-
cifically provided in this Act, a grant provided under this 
section shall be subject to the terms and conditions applica-
ble to grants made under section 5307 of title 49, United 
States Code, and to such other terms and conditions as are 
determined by the Secretary. 
SEC. 105. INTELLIGENCE SHARING. 
(a) INTELLIGENCE
SHARING.—The Secretary of 
Homeland Security shall ensure that the Department of 
Transportation receives appropriate and timely notifica-
tion of all credible terrorist threats against public transpor-
tation assets in the United States. 
(b) INFORMATION SHARING ANALYSIS CENTER.—
(1) ESTABLISHMENT.—The Secretary of Trans-
portation shall fund the reasonable costs of the Infor-
mation Sharing and Analysis Center for Public 
Transportation (referred to in this subsection as the 
‘‘ISAC’’) established pursuant to Presidential Direc-
tive 63 to protect critical infrastructure. 
(2) PUBLIC TRANSPORTATION AGENCY PARTICI-
PATION.—The Secretary of Transportation— 
(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 trans-
portation agencies to participate in the ISAC; 
and 
(C) shall not charge any public transpor-
tation agency a fee for participation in the 
ISAC. 
SEC. 106. REPORTING REQUIREMENT. 
(a) IN GENERAL.—Not later than September 30, 2006, 
the Secretary of Transportation shall submit to the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Banking, Hous-
ing, and Urban Affairs of the Senate a report that describes 
the implementation of sections 103 through 105. The Sec-
retary may submit the report in classified and unclassified 
forms. 
(b) CONTENTS.—Based on security assessments and 
updates conducted under section 103, the report shall in-
clude— 
(1) a description of the state of public transpor-
tation security in the United States; and 
(2) a description of actions taken by Federal, 
State, regional, and local governments and private 
stakeholders to address threats to, and security weak-
nesses in, the public transportation system and its as-
sets. 
SEC. 107. PUBLIC TRANSPORTATION EMPLOYEE SECURITY 
TRAINING PROGRAM. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation, in consultation with the Secretary of Homeland Se-
curity, appropriate law enforcement, security, and ter-
rorism experts, representatives of public transportation 
agencies, and representatives of public transportation em-
ployees, shall develop and issue guidelines for a public 
transportation employee security training program to pre-
pare public transportation employees for potential threat 
conditions. 
(b) PUBLIC TRANSPORTATION AGENCY PROGRAMS.—
(1) IN GENERAL.—Not later than 90 days after 
the date on which Secretary issues guidance under 
subsection (a) in final form, each public transpor-
tation agency that has received or is undergoing a se-
curity assessment under section 103 shall develop an 
employee training program in accordance with such 
guidance. 
(2) REVIEW AND APPROVAL.—Each public trans-
portation agency referred to in paragraph (1) shall 
submit its employee training program to the Sec-
retary for review and approval or amendment. 
(3) IMPLEMENTATION.—Not later than one year 
after the date on which the Secretary approves an em-
ployee training program of a public transportation 
agency under paragraph (2), the agency shall com-
plete employee training in accordance with such pro-
gram at least with respect to the employees of the 
agency identified in the agency’s security assessment 
under section 103. 
(c) REPORTING.—As part of the Secretary’s report to 
Congress under section 106, the Secretary shall include an 
analysis of the extent to which public transportation agen-
cies are successfully carrying out the employee training pro-
grams described in this section.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 
(a) CAPITAL
SECURITY
ASSISTANCE
PROGRAM.— 
There is authorized to be appropriated to carry out section 
104(a)— 
(1) $775,000,000 for fiscal year 2005; 
(2) $825,000,000 for fiscal year 2006; and 
(3) $880,000,000 for fiscal year 2007. 
(b) OPERATIONAL SECURITY ASSISTANCE PROGRAM.— 
There is authorized to be appropriated to carry out section 
104(b)— 
(1) $400,000,000 for fiscal year 2005; 
(2) $300,000,000 for fiscal year 2006; and 
(3) $200,000,000 for fiscal year 2007. 
(c) INFORMATION SHARING AND ANALYSIS CENTER.— 
There is authorized to be appropriated to carry out section 
105(b) $1,000,000 for each of fiscal years 2005 through 
2007. 
(d) PERIOD OF AVAILABILITY.—Sums appropriated 
pursuant to this section shall remain available until ex-
pended. 
TITLE II—OVER-THE-ROAD BUS 
SECURITY ASSISTANCE 
SEC. 201. EMERGENCY OVER-THE-ROAD BUS SECURITY AS-
SISTANCE. 
(a) IN GENERAL.—The Secretary of Transportation, 
acting through the Administrator of the Federal Motor Car-
rier Safety Administration, shall establish a program for 
making grants to private operators of over-the-road buses 
for system-wide security improvements to their operations, 
including— 
(1) constructing and modifying terminals, ga-
rages, facilities, or over-the-road buses to assure their 
security; 
(2) protecting or isolating the driver; 
(3) acquiring, upgrading, installing, or oper-
ating equipment, software, or accessorial services for 
collection, storage, or exchange of passenger and driv-
er information through ticketing systems or otherwise, 
and information links with government agencies; 
(4) training employees in recognizing and re-
sponding to security threats, evacuation procedures, 
passenger screening procedures, and baggage inspec-
tion; 
(5) hiring and training security officers; 
(6) installing cameras and video surveillance 
equipment on over-the-road buses and at terminals, 
garages, and over-the-road bus facilities; 
(7) creating a program for employee identifica-
tion or background investigation;
(8) establishing an emergency communications 
system linked to law enforcement and emergency per-
sonnel; and 
(9) implementing and operating passenger 
screening programs at terminals and on over-the-road 
buses. 
(b) REIMBURSEMENT.— 
(1) IN GENERAL.—A grant under this section 
may be used to provide reimbursement to private op-
erators of over-the-road buses for extraordinary secu-
rity-related costs for improvements described in para-
graphs (1) through (9) of subsection (a), determined 
by the Secretary to have been incurred by such opera-
tors since September 11, 2001. 
(2) LIMITATION.—Not more than 20 percent of 
the amounts appropriated for a fiscal year to carry 
out this title may be used to provide reimbursements 
under this subsection. 
(c) FEDERAL SHARE.—The Federal share of the cost 
for which any grant is made under this section shall be 
80 percent. 
(d) DUE CONSIDERATION.—In making grants under 
this section, the Secretary shall give due consideration to 
private operators of over-the-road buses that have taken
measures to enhance bus transportation security from those 
in effect before September 11, 2001. 
(e) GRANT REQUIREMENTS.—A grant under this sec-
tion shall be subject to all the terms and conditions that 
a grant is subject to under section 3038(f) of the Transpor-
tation Equity Act for the 21st Century (49 U.S.C. 5310 
note; 112 Stat. 393). 
(f) REPORT ON INDUSTRY PRIORITIES.— 
(1) STUDY.—The Administrator of the Federal 
Motor Carrier Safety Administration shall conduct a 
study of— 
(A) the critical assets and systems of the na-
tionwide over-the-road bus industry; 
(B) security threats to the assets and sys-
tems; 
(C) security weaknesses in the assets and 
systems; and 
(D) redundant and backup systems required 
to ensure the continued operation of critical ele-
ments of the assets and systems in the event of 
an attack or other incident. 
(2) CONSULTATION.—In conducting the study, 
the Administrator shall consult with private over-the- 
road bus operators and their trade association rep-
resentatives.
(3) REPORT.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall 
submit to the Secretary of Transportation and the 
Secretary of Homeland Security a report, based on 
the results of the study, detailing the critical assets, 
threats, and weaknesses in the over-the-road bus in-
dustry. The Administrator shall update the report on 
an annual basis. 
(g) ALLOCATION OF GRANTS.—The Secretary of Trans-
portation, in consultation with the Secretary of Homeland 
Security, shall establish priorities for the allocation of 
grants under this section based on the report required by 
subsection (f)(3) and shall make grants under this section 
in accordance with those priorities. 
SEC. 202. PLAN REQUIREMENT. 
(a) IN GENERAL.—The Secretary of Transportation 
may not make a grant under section 201 to a private oper-
ator of over-the-road buses until the operator has first sub-
mitted to the Secretary an application containing— 
(1) a plan for making security improvements de-
scribed in section 201 and the Secretary has approved 
the plan; and 
(2) such additional information as the Secretary 
may require to ensure accountability for the obliga-
tion and expenditure of amounts made available to 
the operator under the grant. 
(b) COORDINATION.—To the extent that an application 
for a grant submitted under this section proposes security 
improvements within a specific terminal owned and oper-
ated by an entity other than the applicant, the applicant 
shall demonstrate to the satisfaction of the Secretary that 
the applicant has coordinated the security improvements for 
the terminal with that entity. 
(c) CONSULTATION WITH DHS.—In approving plans 
under subsection (a)(1), the Secretary may consult with the 
Secretary of Homeland Security. 
SEC. 203. OVER-THE-ROAD BUS DEFINED. 
In this title, the term ‘‘over-the-road bus’’ means a bus 
characterized by an elevated passenger deck located over a 
baggage compartment. 
SEC. 204. BUS SECURITY ASSESSMENT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate a preliminary report in accordance with the re-
quirements of this section.
(b) CONTENTS OF PRELIMINARY REPORT.—The pre-
liminary report shall include— 
(1) an assessment of the over-the-road bus secu-
rity grant program; 
(2) an assessment of actions already taken to ad-
dress identified security issues by both public and 
private entities and recommendations on whether ad-
ditional safety and security enforcement actions are 
needed; 
(3) an assessment of whether additional legisla-
tion is needed to provide for the security of Americans 
traveling on over-the-road buses; 
(4) an assessment of the economic impact that 
security upgrades of buses and bus facilities may have 
on the over-the-road bus transportation industry and 
its employees; 
(5) an assessment of ongoing research and the 
need for additional research on over-the-road bus se-
curity, including engine shut-off mechanisms, chem-
ical and biological weapon detection technology, and 
the feasibility of compartmentalization of the driver; 
and 
(6) an assessment of industry best practices to 
enhance security.
(c) CONSULTATION WITH INDUSTRY, LABOR, AND 
OTHER GROUPS.—In carrying out this section, the Sec-
retary shall consult with over-the-road bus management 
and labor representatives, public safety and law enforce-
ment officials, and the National Academy of Sciences. 
SEC. 205. FUNDING. 
There is authorized to be appropriated to the Secretary 
of Transportation to carry out this title $50,000,000 for 
each of fiscal years 2005 through 2007. Such sums shall 
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 
award grants to public transportation agencies 
and over-the-road bus operators to improve secu-
rity, and for other purposes. 
OCTOBER 6, 2004 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed