text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Safe Transit and Rail Awareness and 
  Investments for National Security Act of 2004'' or the ``Safe TRAINS 
  Act''.
  
  SEC. 2. HOMELAND SECURITY PUBLIC TRANSPORTATION GRANTS.
  
      (a) Authorization.--The Secretary of Homeland Security is 
  authorized to make grants for the purpose of improving the security of 
  public transportation systems against acts of terrorism. The grant 
  program shall be administered by the Under Secretary for Border and 
  Transportation Security--
              (1) in consultation with the Director of the Office of 
          Domestic Preparedness, to ensure that the program is consistent 
          with other Department of Homeland Security grant programs;
              (2) with the Assistant Secretary for Infrastructure 
          Protection to ensure that grant awards are consistent with 
          critical infrastructure risk assessments and protective 
          priorities as they relate to public transportation; and
              (3) with the Under Secretary for Science and Technology to 
          ensure that technology aspects of grant proposals are feasible 
          and generally consistent with existing technologies and 
          standards.
      (b) Considerations.--Among the considerations on which grants shall 
  be awarded are the following:
              (1) Risk of terrorism, including threat assessment, 
          vulnerabilities of public transportation systems, potential 
          effects of acts of terrorism against public transportation 
          systems, and past acts of terrorism against modes of 
          transportation.
              (2) Merits of the proposed projects to increase national 
          security, based on a consideration of--
                      (A) threats;
                      (B) vulnerabilities;
                      (C) consequences, including human casualties and 
                  economic impacts;
                      (D) consequence management;
                      (E) the likelihood that such projects would have 
                  been pursued in the normal course of business and in 
                  the absence of national security considerations; and
                      (F) feasibility, based on the technical and 
                  operational merits of the projects.
      (c) Allowable Use of Funds.--Grants made under this section shall 
  be used for the purposes of--
              (1) support for increased capital investments in cameras, 
          close-circuit television, and other surveillance systems;
              (2) increased capital investment in command, control, and 
          communications systems, including investments for redundancy 
          and interoperability and for improved situational awareness, 
          such as emergency call boxes and vehicle locator systems;
              (3) increased training, including for carrying out 
          exercises under section 3, and technical support for public 
          transportation employees, especially for security awareness, 
          prevention, emergency response, including evacuation, and 
          decontamination;
              (4) expanded deployment of equipment and other measures, 
          including canine detection teams, for the detection of 
          explosives and chemical, biological, radiological, and nuclear 
          agents;
              (5) capital improvements and operating activities, 
          including personnel expenditures, to increase the physical 
          security of stations, vehicles, bridges, and tunnels;
              (6) capital improvements and operating activities to 
          improve passenger survivability in the event of an attack, 
          including improvements in ventilation, drainage, fire safety 
          technology, emergency communications systems, lighting systems, 
          passenger egress, and accessibility by emergency response 
          personnel;
              (7) acquisition of emergency response and support 
          equipment, including fire suppression and decontamination 
          equipment; and
              (8) expansion of employee education and public awareness 
          campaigns regarding security on public transportation systems.
      (d) Eligible Recipients.--Grants shall be made available under this 
  section directly to owners, operators, and providers of public 
  transportation systems. Owners, operators, and providers of 
  infrastructure over which public transportation operates, but which is 
  not primarily used for public transportation, may also be eligible for 
  grants at the discretion of the Secretary.
      (e) Accountability.--The Secretary shall adopt necessary 
  procedures, including audits, to ensure that grants made under this 
  section are expended in accordance with the purposes of this Act and 
  the priorities and other criteria developed by the Secretary. If the 
  Secretary determines that a recipient has used any portion of the grant 
  funds received under this section for a purpose other than the 
  allowable uses specified for that grant under this section, the grantee 
  shall return any amount so used to the Treasury of the United States.
      (f) Procedures for Grant Award.--The Secretary shall prescribe 
  procedures and schedules for the awarding of grants under this section, 
  including application and qualification procedures, and a record of 
  decision on applicant eligibility. The Secretary shall issue a final 
  rule establishing the procedures not later than 90 days after the date 
  of enactment of this Act.
      (g) Cost Share.--Grants made under this section shall account for 
  no more than--
              (1) 85 percent for fiscal year 2005;
              (2) 80 percent for fiscal year 2006; and
              (3) 75 percent for fiscal year 2007,
  of the expense of the purposes for which the grants are used.
      (h) Authorization of Appropriations.--There are authorized to be 
  appropriated to the Secretary to carry out the purposes of this 
  section--
              (1) $1,200,000,000 for fiscal year 2005;
              (2) $900,000,000 for fiscal year 2006; and
              (3) $700,000,000 for fiscal year 2007.
  Amounts appropriated pursuant to this subsection shall remain available 
  until expended.
  
  SEC. 3. TRAINING EXERCISES.
  
      (a) Guidelines.--Not later than 4 months after the date of 
  enactment of this Act, the Secretary of Homeland Security shall publish 
  guidelines for the conduct by recipients of grants under section 2 of 
  appropriate exercises for emergency response and public transportation 
  employee training purposes.
      (b) Plans.--Not later than 6 months after receipt of a grant under 
  section 2, the recipient of such grant shall transmit to the Secretary 
  its emergency response plan as well as a plan for conducting exercises 
  for emergency response and public transportation employee training 
  purposes pursuant to the guidelines published under subsection (a).
      (c) Exercises.--
              (1) Requirement.--Not later than 1 year after receipt of a 
          grant under section 2, the recipient of such grant shall 
          conduct an exercise pursuant to the plan for conducting 
          exercises transmitted under subsection (b).
              (2) Exemptions.--The Secretary may exempt a grant recipient 
          from the requirement under paragraph (1) if the recipient has 
          recently conducted an equivalent exercise.
              (3) Notice and report.--Not later than 30 days after 
          conducting an exercise under paragraph (1) or as described in 
          paragraph (2), the recipient shall notify the Secretary that 
          such exercise has been completed, including a description of 
          the results of the exercise and findings and lessons learned 
          from the exercise, and shall make recommendations for changes, 
          if necessary, to existing emergency response plans. If the 
          recipient revises an emergency response plan as a result of an 
          exercise under this subsection, the recipient shall transmit 
          the revised plan to the Secretary not later than 6 months after 
          the exercise.
      (d) Technical Assistance.--The Secretary shall provide technical 
  assistance in the design, preparation for, and conduct of emergency 
  response exercises.
      (e) Use of Plans.--The Secretary shall ensure that information 
  submitted to the Secretary under this section is protected from any 
  form of disclosure that might compromise public transportation security 
  or trade secrets. Notwithstanding the preceding sentence, the Secretary 
  may use such information, on a nonattributed basis unless otherwise 
  agreed to by the source of the information, to aid in developing 
  recommendations, best practices, and materials for use by public 
  transportation authorities to improve security practices and emergency 
  response capabilities.
  
  SEC. 4. SECURITY BEST PRACTICES.
  
      The Secretary of Homeland Security shall, not later than 120 days 
  after the date of enactment of this Act, develop, disseminate to 
  appropriate owners, operators, and providers of public transportation 
  systems, public transportation employees and employee representatives, 
  and Federal, State, and local officials, and transmit to the Congress a 
  report containing best practices for the security of public 
  transportation systems. In developing best practices, the Secretary 
  shall be responsible for consulting with and collecting input from 
  owners, operators, and providers of public transportation systems, 
  public transportation employee representatives, first responders, 
  industry associations, private sector experts, academic experts, and 
  appropriate Federal, State, and local officials.
  
  SEC. 5. PUBLIC AWARENESS.
  
      Not later than 90 days after the date of enactment of this Act, the 
  Secretary of Homeland Security shall develop a national plan for public 
  outreach and awareness. Such plan shall be designed to increase 
  awareness of measures that the general public, public transportation 
  passengers, and public transportation employees can take to increase 
  public transportation system security. Such plan shall also provide 
  outreach to owners, operators, providers, and employees of public 
  transportation systems to improve their awareness of available 
  technologies, ongoing research and development efforts, and available 
  Federal funding sources to improve public transportation security. Not 
  later than 9 months after the date of enactment of this Act, the 
  Secretary shall implement the plan developed under this section.
  
  SEC. 6. SECURITY PLAN.
  
      (a) Requirement.--Not later than 1 year after the date of enactment 
  of this Act, the Secretary of Homeland Security, in coordination with 
  the Secretary of Transportation and in accordance with the Memorandum 
  of Agreement executed under section 7, shall develop a strategic plan 
  for the security of the Nation's public transportation systems and 
  transmit to Congress a report containing a summary of that plan. Such 
  plan shall--
              (1) include a comprehensive assessment of risks to the 
          Nation's public transportation systems, including an assessment 
          of threats of terrorist attack, vulnerabilities against 
          terrorist attack, and human, economic, and national security 
          consequences of terrorist attack;
              (2) take into account actions taken or planned by both 
          public and private entities to address identified security 
          issues;
              (3) describe measures for prevention, protection, and 
          preparedness, including recommended actions and best practices 
          (as described in section 4);
              (4) make prioritized recommendations for improving public 
          transportation system security;
              (5) identify specific actions the Federal Government should 
          take to provide increased security support for public 
          transportation systems, both generally and in periods of high 
          or severe threat levels of alert;
              (6) identify measures for coordinating initiatives 
          undertaken by the public and private sectors to increase 
          security of public transportation systems;
              (7) contain an estimate of the cost to implement measures, 
          recommendations, and best practices, and other actions 
          contained within the plan;
              (8) identify milestones and timeframes for implementing 
          measures, recommendations, and best practices, and other 
          actions contained within the plan; and
              (9) identify methods for measuring progress against the 
          plan and communicating such progress to owners, operators, and 
          providers of public transportation systems and to Congress.
      (b) Implementation.--The Secretary shall begin implementation of 
  the plan not later than 3 months after its development.
      (c) Consultation; Use of Existing Resources.--In developing the 
  plan under this section, the Secretary shall be responsible for 
  consulting with and collecting input from owners, operators, and 
  providers of public transportation systems, public transportation 
  employee representatives, first responders, industry associations, 
  private sector experts, academic experts, and appropriate Federal, 
  State, and local officials.
      (d) Format.--The Secretary may submit the report in both classified 
  and unclassified formats if the Secretary considers that such action is 
  appropriate or necessary.
      (e) 2-Year Updates.--The Secretary, in consultation with the 
  Secretary of Transportation, shall update the plan every 2 years, as 
  necessary, and transmit such updated report to Congress.
  
  SEC. 7. MEMORANDUM OF AGREEMENT.
  
      Not later than 60 days after the date of enactment of this Act, the 
  Secretary of Homeland Security and the Secretary of Transportation 
  shall execute a Memorandum of Agreement governing the roles and 
  responsibilities of the Department of Homeland Security and the 
  Department of Transportation, respectively, in addressing security 
  matters for public transportation systems, including the process the 
  departments will follow to promote communications, efficiency, and 
  nonduplication of effort. Such Memorandum of Agreement shall also 
  establish a formal mechanism to ensure coordination and the timely 
  sharing of expertise and information between the Department of Homeland 
  Security and the Department of Transportation, as appropriate, in 
  public transportation security.
  
  SEC. 8. NATIONAL TRANSPORTATION SECURITY CENTERS.
  
      (a) Establishment.--The Secretary of Homeland Security shall 
  establish more than 1 but not more than 4 National Transportation 
  Security Centers at institutions of higher education to assist in 
  carrying out this Act and to conduct research and education, and to 
  develop or provide professional training, including the training of 
  public transportation employees and public transportation-related 
  professionals, with emphasis on utilization of intelligent 
  transportation systems, technologies, and architectures.
      (b) Criteria.--The Secretary shall designate the Centers according 
  to the following selection criteria:
              (1) The demonstrated commitment of the institution to 
          transportation security issues.
              (2) The use of and experience with partnerships with other 
          institutions of higher education, Federal laboratories, or 
          other nonprofit laboratories.
              (3) Capability to conduct both practical and theoretical 
          research and technical systems analysis.
              (4) Utilization of intelligent transportation system 
          technologies and architectures.
              (5) Ability to develop professional training programs.
              (6) Capability and willingness to conduct education of 
          transportation security professionals.
              (7) Such other criteria that the Secretary may designate.
      (c) Funding.--The Secretary shall provide such funding as is 
  necessary to the National Transportation Security Centers established 
  under subsection (a) to carry out this section.
  
  SEC. 9. WHISTLEBLOWER PROTECTION.
  
      (a) In General.--No employee or other person may be harassed, 
  prosecuted, held liable, or discriminated against in any way--
              (1) because that person--
                      (A) has commenced or caused to be commenced, or is 
                  about to commence;
                      (B) has testified or is about to testify at; or
                      (C) has assisted or participated in, or is about to 
                  assist or participate in any manner in,
          a proceeding or any other action to enhance public 
          transportation security; or
              (2) because that person has refused to violate or assist in 
          the violation of any law, rule, or regulation related to public 
          transportation security.
      (b) Application of Sarbanes-Oxley Act of 2002 Amendments.--
              (1) Civil action to protect against retaliation in fraud 
          cases.--Section 1514A of title 18, United States Code, shall 
          apply to subsection (a) of this section as if--
                      (A) an act or refusal to act described in 
                  subsection (a) were described in such section 1514A; 
                  and
                      (B) a violation of subsection (a) were a violation 
                  of such section 1514A(a).
              (2) Retaliating against a witness, victim, or informant.--
          Section 1513(e) of title 18, United States Code, shall apply to 
          a violation of subsection (a) of this section as if the 
          violation of subsection (a) were a violation of such section 
          1513.
  
  SEC. 10. DEFINITION.
  
      For the purposes of this Act--
              (1) the term ``public transportation employees'' means 
          security personnel, dispatchers, vehicle and vessel operators, 
          other onboard employees, maintenance and support personnel, and 
          other appropriate employees of owners, operators, and providers 
          of public transportation systems; and
              (2) the term ``public transportation systems'' means 
          passenger, commuter, and light rail, including Amtrak and 
          subways, buses, commuter ferries, and other modes of public 
          transit.
target: Safe Transit and Rail Awareness and Investments for National Security Act of 2004 (Safe TRAINS Act) - Authorizes the Secretary of Homeland Security to make grants to improve the security of public transportation systems (including passenger, commuter, and light rail) against acts of terrorism. Sets forth grant uses and requirements.
  
  Directs grant recipients to submit to the Secretary their emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training pursuant to guidelines published by the Secretary.
  
  Directs the Secretary to: (1) develop and disseminate to appropriate owners, operators, and providers of public transportation systems (including public transportation employees), and Federal, State, and local officials, a report containing best practices for the security of public transportation systems; (2) develop a national plan for public outreach and awareness of measures the public can take to increase public transportation system security; (3) develop a strategic plan for the security of the Nation's public transportation systems; (4) execute in conjunction with the Secretary of Transportation, a Memorandum of Agreement governing the responsibilities of the Department of Homeland Security and the Department of Transportation, respectively, in addressing security matters for public transportation systems; and (5) establish National Transportation Security Centers at institutions of higher education to assist in carrying out this Act, to conduct research and education, and to develop or provide professional training of public transportation employees.
  
  Sets forth certain whistleblower protections for employees or other persons who have commenced, testified at, or participated in, a proceeding to enhance public transportation security, or who have refused to violate or assist in the violation of any regulation related to public transportation security.
feat_title: To provide for the security of public transportation systems in the United States, and for other purposes.