Bill summaries are authored by CRS.

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Passed Senate without amendment (10/01/2004)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Public Transportation Terrorism Prevention Act of 2004 - (Sec. 3) Directs the Secretary of Transportation to enter into a memorandum of understanding (MOU) with the Secretary of Homeland Security (Secretary) to define and clarify the respective public transportation security roles and responsibilities of the Department of Transportation (DOT) and the Department of Homeland Security (DHS). Requires the MOU to: (1) establish a process to develop security standards for public transportation agencies; (2) establish funding priorities for grants from the DHS to such agencies; (3) create a method of direct coordination with such agencies on security matters; (4) address any other appropriate issues; and (5) include a formal and permanent mechanism to ensure coordination and involvement by DOT in public transportation security, as appropriate.

(Sec. 4) Requires DOT's Federal Transit Administration to submit all public transportation security assessments to DHS and the Secretary to review and augment such assessments. States that such assessments shall be used to: (1) allocate grant funds under this Act unless the Secretary determines that an adjustment is necessary to respond to an urgent threat or other significant factors, after notification to the Senate Banking, Housing, and Urban Affairs Committee; (2) establish the process for developing security guidelines for public transportation security; (3) design a security improvement strategy that minimizes terrorist threats to public transportation systems; and (4) design a security improvement strategy that maximizes the efforts of such systems to mitigate damage from terrorist attacks.

Directs the Secretary to: (1) establish security improvement priorities and to update them annually; and (2) conduct assessments of all transit agencies considered to be at greatest risk of a terrorist attack, local bus-only public transportation systems, and selected rural transportation systems.

(Sec. 5) Requires the Secretary to award grants directly to public transportation agencies for allowable capital security improvements, including: (1) tunnel and perimeter protection systems; (2) redundant critical operations control systems; (3) chemical, biological, radiological, or explosive detection systems; (4) surveillance and communications equipment; (5) emergency response equipment; (6) fire suppression and decontamination equipment; (7) global positioning or automated vehicle locator type system equipment; (8) evacuation improvements; and (9) other capital security improvements.

Requires the Secretary to award grants directly to public transportation agencies for allowable operational security improvements, including: (1) security training for transit employees; (2) live or simulated drills; (3) public awareness campaigns; (4) canine patrols for chemical, biological, or explosives detection; (5) overtime reimbursement for enhanced security personnel during significant national and international public events; and (6) other appropriate improvements excluding routine, ongoing personnel costs.

Directs the Secretary to provide advance notification of any grant award to the Senate Banking, Housing, and Urban Affairs Committee.

Requires each public transportation agency receiving capital security or operational security improvement grants to: (1) identify a security coordinator; (2) develop a comprehensive plan demonstrating the agency's capacity to operate and maintain purchased equipment; (3) report annually to the DHS on the use of grant funds; and (4) return any misspent grant funds (as determined by the Secretary) to the Treasury.

(Sec. 6) Directs the Secretary to: (1) ensure that DOT receives appropriate and timely notification of all credible terrorist threats against U.S. public transportation assets; and (2) fund the reasonable costs of the Information Sharing and Analysis Center for Public Transportation (ISAC) established pursuant to Presidential Directive 63; (3) require ISAC participation by those public transportation agencies determined to be at significant risk of terrorist attack; and (4) encourage ISAC participation by all other public transportation agencies.

(Sec. 7) Requires the Secretary to award grants to public or private entities for research, development, and demonstration of technologies and methods to reduce and deter terrorist threats or to mitigate damages resulting from such attacks. Authorizes the use of such grant funds for: (1) researching chemical, biological, radiological, or explosive detection systems that do not significantly impede passenger access; (2) researching imaging technologies; (3) conducting product evaluations and testing; and (4) researching other technologies or methods for reducing or deterring attacks or mitigating damages.

Requires each entity receiving such grant funds to report annually to the DHS on the use of such funds and to return any misspent funds (as determined by the Secretary).

(Sec. 8) Requires the Secretary to submit an annual report: (1) to the Senate Banking, Housing and Urban Affairs, Governmental Affairs, and Appropriations Committees on implementation of this Act and the state of U.S. public transportation security; and (2) to the governor of each State in which a grantee transit agency is operating on the amount of funds distributed to the grantee agency and the use of such funds.

(Sec. 9) Authorizes appropriations.

(Sec. 10) Repeals this Act on October 1, 2007.