S.2453 National Security Surveillance Act of 2006
Tue Sep 12, 2006 23:28


S.2453 National Security Surveillance Act of 2006
http://thomas.loc.gov/cgi-bin/query/z?c109:S.2453:


GOOGLE: S.2453


A BILL
To authorize the Secretary of Homeland Security to award
grants to public transportation agencies to improve secu-
rity, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) S
HORT
T
ITLE
.—This Act may be cited as the
4
‘‘Public Transportation Terrorism Prevention Act of
5
2004’’.
6
(b) T
ABLE OF
C
ONTENTS
.—The table of contents for
7
this Act is as follows:
8
Page 2
2
•S 2453 RS
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Memorandum of understanding.
Sec. 4. Security assessments.
Sec. 5. Security assistance grants.
Sec. 6. Intelligence sharing.
Sec. 7. Research, development, and demonstration grants.
Sec. 8. Reporting requirements.
Sec. 9. Authorization of appropriations.
Sec. 10. Sunset provision.
SEC. 2. FINDINGS AND PURPOSE.
1
(a) F
INDINGS
.—Congress finds that—
2
(1) throughout the world, public transportation
3
systems have been a primary target of terrorist at-
4
tacks, causing countless death and injuries;
5
(2) 6,000 public transportation agencies operate
6
in the United States;
7
(3) 14,000,000 people in the United States ride
8
public transportation each work day;
9
(4) safe and secure public transportation sys-
10
tems are essential to the Nation’s economy and for
11
significant national and international public events;
12
(5) the Federal Transit Administration has in-
13
vested $68,700,000,000 since 1992 for construction
14
and improvements to the Nation’s public transpor-
15
tation systems;
16
(6) the Federal Government appropriately in-
17
vested $11,000,000,000 in fiscal years 2002 and
18
2003 to protect our Nation’s aviation system and its
19
1,800,000 daily passengers;
20
Page 3
3
•S 2453 RS
(7) the Federal Government invested
1
$115,000,000 in fiscal years 2003 and 2004 to pro-
2
tect public transportation systems in the United
3
States;
4
(8) the Federal Government has invested $9.16
5
in aviation security improvements per passenger, but
6
only $0.006 in public transportation security im-
7
provements per passenger;
8
(9) the General Accounting Office, the Mineta
9
Institute for Surface Transportation Policy Studies,
10
the American Public Transportation Association,
11
and other experts have reported an urgent need for
12
significant investment in transit security improve-
13
ments; and
14
(10) the Federal Government has a duty to
15
deter and mitigate, to the greatest extent prac-
16
ticable, threats against the Nation’s public transpor-
17
tation systems.
18
SEC. 3. MEMORANDUM OF UNDERSTANDING.
19
(a) I
N
G
ENERAL
.—Not later than 45 days after the
20
date of enactment of this Act, the Secretary of Transpor-
21
tation shall enter into a memorandum of understanding
22
with the Secretary of Homeland Security to define and
23
clarify the respective public transportation security roles
24
Page 4
4
•S 2453 RS
and responsibilities of the Department of Transportation
1
and the Department of Homeland Security.
2
(b) C
ONTENTS
.—The memorandum of understanding
3
described in subsection (a) shall—
4
(1) establish a process to develop security
5
standards for public transportation agencies;
6
(2) establish funding priorities for grants from
7
the Department of Homeland Security to public
8
transportation agencies;
9
(3) create a method of direct coordination with
10
public transportation agencies on security matters;
11
(4) address any other issues determined to be
12
appropriate by the Secretary of Transportation and
13
the Secretary of Homeland Security; and
14
(5) include a formal and permanent mechanism
15
to ensure coordination and involvement by the De-
16
partment of Transportation, as appropriate, in pub-
17
lic transportation security.
18
SEC. 4. SECURITY ASSESSMENTS.
19
(a) P
UBLIC
T
RANSPORTATION
S
ECURITY
A
SSESS
-
20
MENTS
.—
21
(1) S
UBMISSION
.—Not later than 30 days after
22
the date of enactment of this Act, the Federal Tran-
23
sit Administration of the Department of Transpor-
24
tation shall submit all public transportation security
25
Page 5
5
•S 2453 RS
assessments and all other relevant information to
1
the Department of Homeland Security.
2
(2) R
EVIEW
.—The Secretary of Homeland Se-
3
curity shall review and augment the security assess-
4
ments received under paragraph (1).
5
(3) A
LLOCATIONS
.—The assessments described
6
in paragraph (1) shall be used as the basis for allo-
7
cating grant funds under section 5, unless the Sec-
8
retary of Homeland Security determines that an ad-
9
justment is necessary to respond to an urgent threat
10
or other significant factors, after notification to the
11
Committee on Banking, Housing, and Urban Affairs
12
of the Senate.
13
(4) S
ECURITY IMPROVEMENT PRIORITIES
.—The
14
Secretary of Homeland Security shall establish secu-
15
rity improvement priorities, in consultation with the
16
management and employee representatives of each
17
public transportation system receiving an assessment
18
that will be used by public transportation agencies
19
for any funding provided under section 5.
20
(5) U
PDATES
.—The Secretary of Homeland Se-
21
curity shall annually update the assessments re-
22
ferred to in this subsection and conduct assessments
23
of all transit agencies considered to be at greatest
24
risk of a terrorist attack.
25
Page 6
6
•S 2453 RS
(b) U
SE OF
A
SSESSMENT
I
NFORMATION
.—The Sec-
1
retary of Homeland Security shall use the information col-
2
lected under subsection (a)—
3
(1) to establish the process for developing secu-
4
rity guidelines for public transportation security;
5
(2) to design a security improvement strategy
6
that minimizes terrorist threats to public transpor-
7
tation systems; and
8
(3) to design a security improvement strategy
9
that maximizes the efforts of public transportation
10
systems to mitigate damage from terrorist attacks.
11
(c) B
US
P
UBLIC
T
RANSPORTATION
S
YSTEMS
.—The
12
Secretary of Homeland Security shall conduct assessments
13
of local bus-only public transportation systems to deter-
14
mine the specific needs of this form of public transpor-
15
tation that are appropriate to the size and nature of the
16
bus system.
17
(d) R
URAL
P
UBLIC
T
RANSPORTATION
S
YSTEMS
.—
18
The Secretary of Homeland Security shall conduct assess-
19
ments of selected public transportation systems that re-
20
ceive funds under section 5311 of title 49, United States
21
Code, to determine the specific needs of this form of public
22
transportation that are appropriate to the size and nature
23
of the system.
24
Page 7
7
•S 2453 RS
SEC. 5. SECURITY ASSISTANCE GRANTS.
1
(a) C
APITAL
S
ECURITY
A
SSISTANCE
P
ROGRAM
.—
2
(1) I
N GENERAL
.—The Secretary of Homeland
3
Security shall award grants directly to public trans-
4
portation agencies for allowable capital security im-
5
provements based on the priorities established under
6
section 4(a)(4).
7
(2) A
LLOWABLE
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 ex-
14
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
(b) O
PERATIONAL
S
ECURITY
A
SSISTANCE
P
RO
-
25
GRAM
.—
26
Page 8
8
•S 2453 RS
(1) I
N GENERAL
.—The Secretary of Homeland
1
Security shall award grants directly to public trans-
2
portation agencies for allowable operational security
3
improvements based on the priorities established
4
under section 4(a)(4).
5
(2) A
LLOWABLE
USE
OF
FUNDS
.—Grants
6
awarded under paragraph (1) may be used for—
7
(A) security training for transit employees,
8
including bus and rail operators, mechanics,
9
customer service, maintenance employees, tran-
10
sit police, and security personnel;
11
(B) live or simulated drills;
12
(C) public awareness campaigns for en-
13
hanced public transportation security;
14
(D) canine patrols for chemical, biological,
15
or explosives detection;
16
(E) overtime reimbursement for enhanced
17
security personnel during significant national
18
and international public events, consistent with
19
the priorities established under section 4(a)(4);
20
and
21
(F) other appropriate security improve-
22
ments identified under section 4(a)(4), exclud-
23
ing routine, ongoing personnel costs.
24
Page 9
9
•S 2453 RS
(c) C
ONGRESSIONAL
N
OTIFICATION
.—Not later than
1
3 days before any grant is awarded under this section,
2
the Secretary of Homeland Security shall notify the Com-
3
mittee on Banking, Housing, and Urban Affairs of the
4
Senate of the intent to award such grant.
5
(d) T
RANSIT
A
GENCY
R
ESPONSIBILITIES
.—Each
6
public transportation agency that receives a grant under
7
this section shall—
8
(1) identify a security coordinator to coordinate
9
security improvements;
10
(2) develop a comprehensive plan that dem-
11
onstrates the agency’s capacity for operating and
12
maintaining the equipment purchased under this
13
subsection; and
14
(3) report annually to the Department of
15
Homeland Security on the use of grant funds re-
16
ceived under this section.
17
(e) R
ETURN OF
M
ISSPENT
G
RANT
F
UNDS
.—If the
18
Secretary of Homeland Security determines that a grantee
19
used any portion of the grant funds received under this
20
section for a purpose other than the allowable uses speci-
21
fied for that grant under this section, the grantee shall
22
return any amount so used to the Treasury of the United
23
States.
24
Page 10
10
•S 2453 RS
SEC. 6. INTELLIGENCE SHARING.
1
(a) I
NTELLIGENCE
S
HARING
.—The Secretary of
2
Homeland Security shall ensure that the Department of
3
Transportation receives appropriate and timely notifica-
4
tion of all credible terrorist threats against public trans-
5
portation assets in the United States.
6
(b) I
NFORMATION
S
HARING
A
NALYSIS
C
ENTER
.—
7
(1) E
STABLISHMENT
.—The Department of
8
Homeland Security shall fund the reasonable costs
9
of the Information Sharing and Analysis Center for
10
Public Transportation (referred to in this subsection
11
as the ‘‘ISAC’’) established pursuant to Presidential
12
Directive 63 to protect critical infrastructure.
13
(2) P
UBLIC TRANSPORTATION AGENCY PARTICI
-
14
PATION
.—The Secretary of Homeland Security—
15
(A) shall require those public transpor-
16
tation agencies that the Secretary determines to
17
be at significant risk of terrorist attack to par-
18
ticipate in the ISAC;
19
(B) shall encourage all other public trans-
20
portation agencies to participate in the ISAC;
21
and
22
(C) shall not charge any public transpor-
23
tation agency a fee for participation in the
24
ISAC.
25
Page 11
11
•S 2453 RS
SEC. 7. RESEARCH, DEVELOPMENT, AND DEMONSTRATION
1
GRANTS.
2
(a) G
RANTS
A
UTHORIZED
.—The Secretary of Home-
3
land Security, in consultation with the Federal Transit
4
Administration, shall award grants to public or private en-
5
tities to conduct research into, and demonstration of, tech-
6
nologies and methods to reduce and deter terrorist threats
7
or mitigate damages resulting from terrorist attacks
8
against public transportation systems.
9
(b) U
SE OF
F
UNDS
.—Grants awarded under sub-
10
section (a) may be used for—
11
(1) researching chemical, biological, radio-
12
logical, or explosive detection systems that do not
13
significantly impede passenger access;
14
(2) researching imaging technologies;
15
(3) conducting product evaluations and testing;
16
and
17
(4) researching other technologies or methods
18
for reducing or deterring terrorist attacks against
19
public transportation systems, or mitigating damage
20
from such attacks.
21
(c) R
EPORTING
R
EQUIREMENT
.—Each entity that
22
receives a grant under this section shall report annually
23
to the Department of Homeland Security on the use of
24
grant funds received under this section.
25
Page 12
12
•S 2453 RS
(d) R
ETURN OF
M
ISSPENT
G
RANT
F
UNDS
.—If the
1
Secretary of Homeland Security determines that a grantee
2
used any portion of the grant funds received under this
3
section for a purpose other than the allowable uses speci-
4
fied under subsection (b), the grantee shall return any
5
amount so used to the Treasury of the United States.
6
SEC. 8. REPORTING REQUIREMENTS.
7
(a) A
NNUAL
R
EPORT TO
C
ONGRESS
.—Not later than
8
March 31 of each year, the Secretary of Homeland Secu-
9
rity shall submit a report, which describes the implementa-
10
tion of section 4 through 7, and the state of public trans-
11
portation security in the United States, to—
12
(1) the Committee on Banking, Housing, and
13
Urban Affairs of the Senate;
14
(2) the Committee on Governmental Affairs of
15
the Senate; and
16
(3) the Committee on Appropriations of the
17
Senate.
18
(b) A
NNUAL
R
EPORT TO
G
OVERNORS
.—Not later
19
than March 31 of each year, the Secretary of Homeland
20
Security shall submit a report to the governor of each
21
State in which a transit agency that has received a grant
22
under this Act is operating that specifies the amount of
23
grant funds distributed to each such transit agency and
24
the use of such grant funds.
25
Page 13
13
•S 2453 RS
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
1
(a) C
APITAL
S
ECURITY
A
SSISTANCE
P
ROGRAM
.—
2
There are authorized to be appropriated $3,500,000,000
3
for fiscal year 2005 to carry out the provisions of section
4
5(a), which shall remain available until expended.
5
(b) O
PERATIONAL
S
ECURITY
A
SSISTANCE
P
RO
-
6
GRAM
.—There are authorized to be appropriated to carry
7
out the provisions of section 5(b)—
8
(1) $800,000,000 for fiscal year 2005;
9
(2) $500,000,000 for fiscal year 2006; and
10
(3) $200,000,000 for fiscal year 2007.
11
(c) I
NTELLIGENCE
.—There are authorized to be ap-
12
propriated such sums as may be necessary to carry out
13
the provisions of section 6.
14
(d) R
ESEARCH
.—There are authorized to be appro-
15
priated $200,000,000 for fiscal year 2005 to carry out the
16
provisions of section 7, which shall remain available until
17
expended.
18
SEC. 10. SUNSET PROVISION.
19
This Act is repealed on October 1, 2007

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