September 15, 2004

WASHINGTON – Bipartisan legislation designed to expand and improve anti-terrorism measures for the nation’s public transportation systems and intercity bus operators was introduced in the U.S. House of Representatives today.

The “Public Transportation Terrorism Prevention and Response Act of 2004” (H.R. 5082) will authorize $3.5 billion over the next three years for public transportation security grants. The grants will be based on assessments of risk and vulnerability consistent with the recommendations of the 9/11 Commission.

The legislation was introduced by:

• U.S. Rep. Don Young (R-Alaska), Chairman, Transportation & Infrastructure Committee
• U.S. Rep. Tom Petri (R-WI), Chairman, Highways, Transit & Pipelines Subcommittee
• U.S. Rep. James Oberstar (D-MN), Ranking Democrat, Transportation Committee
• U.S. Rep. William Lipinski (D-IL), Ranking Democrat, Highways & Transit Subcommittee

Public transit systems have been the target of terrorist attacks around the world and many experts have reported on the urgent need for a significant investment in transit security improvements. During the past 80 years, nearly 50 percent of international terrorist attacks have occurred on buses or in bus stations. In addition, the recent terrorist attacks in Madrid highlight the need to expand security on rail systems.

The legislation was the focus of a press conference today with the four Congressional sponsors who were joined by William Millar, President of the American Public Transportation Association, and Charles Zelle, the Chairman of the Board of the American Bus Association.

“The Transportation and Infrastructure Committee, which has jurisdiction over the agencies of the Department of Transportation, is making a coordinated and committed effort to respond effectively to transportation security needs,” Chairman Young said at the press conference.

“The Committee has held many hearings on how to improve transportation security in the wake of the September 11th terrorist attacks. We have also taken into consideration the recommendations of the Final Report of the 9/11 Commission on how to improve transportation security.

“A few months ago, we heard from the Federal Transit Administration, the Department of Homeland Security, and transit stakeholder groups regarding security in our nation’s transit systems. At that hearing, the following problems were identified:

Public transit systems have been popular terrorist targets around the world and many experts agree there is an urgent need for a significant investment in transit security improvements.

• Not enough is being invested in improving transit security. In fact, only about one-half cent per passenger has been provided by the Federal Government to protect the 14 million people who ride transit every day.
• There is not a clear description of the Department of Transportation’s security responsibilities versus the Department of Homeland Security’s responsibilities.
• There is not an effective working relationship between DHS, DOT, and the transit community. DHS does not understand how transit systems are managed or funded, and has not worked with the transit industry in setting security standards or administering grants.

This bill authorizes a total of $3.5 billion over a period of three years for security grants to public transit agencies and intercity bus operators. This funding is in addition to the guaranteed, user fee-supported authorizations for public transportation programs in the House-passed Transportation Equity Act, or TEA LU. It is important that the need for additional security funding not compete against the well-documented need to improve and increase capacity in our nation’s highway and transit infrastructure,” Young said.

One of the most pressing problems is that not enough is being invested in improving public transportation security,” Subcommittee Chairman Petri said at the press conference. “Transit systems move 14 million passengers a day - almost eight times as many passengers as the U.S. aviation system, which carries 1.8 million air travelers daily. The federal government is spending $9.16 per aviation passenger for aviation security. But only $115 million has been appropriated for transit security over the last two years, or 6/10 of a penny per passenger.

“The two principal recommendations of the 9/11 Commission regarding public transit are: (1) there must be risk-based priorities for the defense and protection of transportation assets; and (2) any funding provided for transportation security must be allocated based on assessments of risk and vulnerability. These kinds of risk-based decisions are not being made under the current funding process. The very small amounts of funding that DHS has provided over the last two years for transit security improvements are not going out in a risk-based manner, and the States are taking up to 20 percent off the top of each grant for administrative expenses.

“We cannot allow ourselves to be less than prepared for possible future terrorist attacks on these systems that carry millions of Americans every day. This bill lays the groundwork for a more functional and adequately funded transit security program,” Petri said.

Purpose of Bill: The purpose of the bill is to award grants to transit agencies and bus operators to improve security in a manner consistent with the recommendations of the 9/11 Commission:

1. Identify and evaluate transportation assets that need to be protected, and set risk-based priorities for defending them.
2. Develop a plan, budget, and funding to implement this effort.
3. Assign roles and missions to relevant Federal, State, regional, local and private stakeholders.
4. Any homeland security assistance provided for transportation security should be based strictly on assessments of risk and vulnerability.

Memorandum of Understanding: Within 45 days of enactment DOT and DHS enter into a memorandum to define and clarify:

• Roles of the agencies
• Security standards
• Funding priorities

Security Assessments: FTA will give DHS security assessments of the largest transit properties that were conducted shortly after the 9/11 attacks. DOT and DHS will jointly update the assessments. However, DOT can assess other systems if there is a high risk of terrorist attack. The assessments will be reviewed and modified taking into consideration:

• Critical assets
• Threats to those assets
• Security weaknesses
• Redundancies in the system to continue operations

These assessments will form the basis of security guidelines, threat minimizing strategies, and damage mitigation strategies for public transportation agencies.

Grants: Grants are authorized to be appropriated from general funds for three years.

Capital (system protection; explosive/chemical detection; surveillance, communications, emergency response equipment; evacuation improvements) :

• $775 Million in 2005
• $825 Million in 2006
• $880 Million in 2007

Operations (security training, drills, canine patrols, overtime reimbursement):

• $500 Million in 2005
• $300 Million in 2006
• $100 Million in 2007

  TITLE II Over-the-Road Bus Security Assistance:

  Private intercity and charter bus operators must submit a security plan in order to receive a grant.

  Eligible activities include terminal, garage and station reconstruction to improve security; protection of bus driver; passenger screening; employee training; surveillance and emergency communications equipment.

  Grants are authorized to be appropriated from general funds at $50 million a year in 2005, 2006 and 2007
  
  
  
  
  

  NOTE: This press release was originally distributed by the House Committee on Transortation and Infrastructure