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 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 
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 sys-
tems are essential to the Nation’s economy and for 
significant 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 pro-
tect 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 Government should— 
(A) identify and evaluate the transpor-
tation 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 rel-
evant 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 prac-
ticable, threats against the Nation’s public transpor-
tation systems. 
(b) PURPOSE.—The purpose of this Act 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 de-
scribed 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 
clarify 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 
standards for public transportation agencies; 
(2) establish funding priorities for grants for 
security improvements from the Department of 
Transportation 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 
appropriate 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 Admin-
istration 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 Depart-
ment of Homeland Security. 
(2) REVIEW.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
the Secretary of Transportation and the Sec-
retary of Homeland Security shall review and 
modify, as appropriate, the security assess-
ments received under paragraph (1). 
(B) COMPONENTS.—In conducting the re-
views, the Secretaries shall ensure that the as-
sessment of each public transportation system 
identifies— 
(i) the critical assets of the system; 
(ii) threats to those assets; 
(iii) security weaknesses in the system 
and its assets; and 
(iv) redundant and backup systems 
required to ensure the continued operation
of critical elements of the system in the 
event of an attack or other incident. 
(3) ALLOCATIONS.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Transportation shall allocate grants under 
paragraph (5) among public transportation 
agencies receiving an assessment referred to in 
paragraph (1) based on the results of the as-
sessment, 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 Banking, Housing, and Urban Affairs of the 
Senate, the Secretary of Transportation may 
adjust grant allocations under this paragraph if 
the Secretary determines that the adjustment is 
necessary to respond to an urgent threat or 
other significant factors. 
(4) SECURITY IMPROVEMENT PRIORITIES.—The 
Secretary of Transportation shall establish security 
improvement priorities, in consultation with the 
management and employee representatives of each 
public transportation system receiving an assess-
ment. Such priorities shall apply to funds provided 
to a public transportation agency under section 104. 
(5) UPDATES.—The Secretary of Transpor-
tation and the Secretary of Homeland Security shall 
update the assessments referred to in this subsection 
at least once every 3 years and may conduct addi-
tional assessments of public transportation agencies 
considered to be at greatest risk of a terrorist at-
tack. 
(b) USE OF ASSESSMENT INFORMATION.—The Sec-
retary of Transportation shall use the information col-
lected under subsection (a)— 
(1) to establish the process for developing secu-
rity guidelines for public transportation security; 
(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 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 
awarded 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) communications equipment; 
(G) emergency response equipment; 
(H) fire suppression and decontamination 
equipment; 
(I) global positioning or automated vehicle 
locator type system equipment; 
(J) evacuation improvements; and 
(K) 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
PRO-
GRAM.— 
(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 
awarded under paragraph (1) may be used for— 
(A) security training for transit employees, 
including bus and rail operators, mechanics, 
customer service, maintenance employees, tran-
sit 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), ex-
cluding routine, ongoing personnel costs. 
(4) GOVERNMENT’S
SHARE.—A grant for an 
operating security improvement project under this 
subsection may not exceed 50 percent of the net 
project cost of the project. 
(c) TRANSIT
AGENCY
RESPONSIBILITIES.—Each 
public 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 
section; and 
(3) report annually to the Department of 
Transportation on the use of grant funds received 
under this section.
SEC. 106. REPORTING REQUIREMENT. 
(a) IN GENERAL.—Not later than September 30, 
2006, the Secretary of Transportation shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate a report that 
describes the implementation of sections 103 through 105. 
The Secretary may submit the report in classified and un-
classified 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 
weaknesses in, the public transportation system and 
its assets. 
SEC. 107. 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.
(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 
driver information through ticketing systems or oth-
erwise, and information links with government agen-
cies; 
(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 
personnel; 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 title may 
be used to provide reimbursement to private opera-
tors of over-the-road buses for extraordinary secu-
rity-related costs for improvements described in 
paragraphs (1) through (9) of subsection (a), deter-
mined by the Secretary to have been incurred by 
such operators 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 title shall be 80 
percent. 
(d) DUE CONSIDERATION.—In making grants under 
this title, the Secretary shall give due consideration to pri-
vate 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 title 
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). 
SEC. 202. PLAN REQUIREMENT. 
(a) IN GENERAL.—The Secretary may not make a 
grant under this title to a private operator of over-the- 
road buses until the operator has first submitted to the 
Secretary— 
(1) a plan for making security improvements 
described in section 201 and the Secretary has ap-
proved 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 applica-
tion for a grant under this section proposes security im-
provements within a specific terminal owned and operated 
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 
requirements of this section. 
(b) CONTENTS OF PRELIMINARY REPORT.—The pre-
liminary report shall include— 
(1) an assessment of the over-the-road bus se-
curity grant program; 
(2) an assessment of actions already taken to 
address 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 Ameri-
cans 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 indus-
try 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 Sec-
retary 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. 
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