May 3, 2007
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The Honorable Bennie G. Thompson
Chairman
House Committee on Homeland Security
H2-176 Ford House Office Building
Washington, DC 20510
Dear Mr. Chairman:
On behalf of the American Public Transportation Association's (APTA) more than 1,500 member organizations, I write to convey our views on the transit security provisions that will be the subject of conference negotiations on S. 4/H.R. 1, the legislation that implements recommendations of the 911 Commission. It is our understanding that the provisions of H.R. 1401 will serve as the House position on transit security. We appreciate your efforts to strengthen the federal program that each day helps protect tens of millions of transit riders and hundreds of thousands of transit workers against terrorism.
We appreciate the increased authorizations for transit security grants in each of the bills approved by the Senate and House. This funding will help to make progress in addressing the $6 billion in transit security needs that have been identified. We also appreciate that both bills authorize grants for operational and capital needs. Funds are needed to support additional security personnel, as well as overtime and salary costs related to training, drills, planning and risk assessments. Funds are also needed for technology and capital improvements. In both cases, we urge Congress to provide flexibility because assessments, technology, and operating needs vary in different cities and among transit agencies with different operating conditions. We strongly support provisions in both bills that set the federal share for transit security grants at 100 percent with no local or state match requirement. National security is a federal responsibility and it should not be predicated on a community's ability to raise local tax funds.
We urge Congress to require the Department of Homeland Security (DHS) to effectively partner with both transit agencies and the Federal Transit Administration (FTA) in its efforts to enhance transit security. Every major transit agency has already conducted security risk assessments for their system. Transit agency operators understand their security vulnerabilities and needs. We remain convinced that a more efficient delivery system for grants, ideally one where funds go directly to transit agencies, is one of the most effective ways to enhance security. The current system where agencies, after receiving an allocation, must develop regional plans for use of grant funds, pass those proposals back up to DHS through state agencies, then have DHS often request grant proposal modifications which are passed back down through the chain before they are resubmitted and ultimately awarded is slow and inefficient.
We are also concerned about how the regulatory responsibility placed on DHS in the House bill may move accountability away from the transit agencies themselves. Transit agencies should be accountable for the efficient use of grant funds, but grant oversight should not become an impediment to using these grants to improve security. We also question whether the civil penalties and enforcement of regulations required under the House bill will improve security. Transit systems are generally state, county, or municipal agencies headed by local officials responsible to the people of their community. If transit systems are fined, penalties will essentially be paid by taxpayers and fare paying customers or come at the expense of transit service or transit security. We also question the need for 600 surface transportation inspectors, and believe that funding would be better used if given to the transit agencies for their security needs.
Additionally, we urge Congress to fund the development of security standards and protocols by the industry, and for the Public Transportation Information Sharing Analysis Center (ISAC). Security standards are currently being developed by APTA in partnership with DHS and the Department of Transportation (DOT), but, to date, funding support has not been provided by DHS. Similarly, the public transit ISAC continues to provide a vital 24/7 security information service to the transit industry and its continuation is also in need of funding support as authorized in the Senate bill.
Finally, we are concerned with House language that would undermine federal preemption under rail safety laws. Federal policy has long provided that where the Department of Transportation has jurisdiction over rail safety, state requirements covering the same subject matter are preempted. Commuter railroads cannot operate efficiently if they are subject to different requirements as they cross state and local boundaries.
We thank you for your consideration of our views as you proceed to conference. If you have any questions about these issues, please have your staff contact Tom Yedinak of APTA's Government Affairs Department at (202) 496-4865 or email tyedinak@apta.com.
Sincerely,
William W. Millar
President
WWM/tjj
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