Testimony Of
William W. Millar, President
American Public Transportation Association
Before The
Senate Committee On Appropriations
Subcommittee On Homeland Security
(Download in Adobe PDF format)
Mr. Chairman, thank you for this opportunity to provide testimony to the Senate Appropriations Subcommittee on Homeland Security on the security and safety of public transportation systems. I appreciate your interest in improving security for the millions of Americans who use transit daily, and look forward to working with the subcommittee as it develops the Fiscal Year (FY) 2009 appropriations bill for the Department of Homeland Security (DHS). I offer this testimony to request $750 million in transit security funding in the FY 2009 Department of Homeland Security Appropriations bill and provide our comments on DHS’s 2008 Transit Security Grant Program guidance.
ABOUT APTA
The American Public Transportation Association (APTA) is a nonprofit international association of more than 1,500 public and private member organizations, including transit systems and commuter rail operators; planning, design, construction, and finance firms; product and service providers; academic institutions; transit associations and state departments of transportation. APTA members serve the public interest by providing safe, efficient, and economical transit services and products. More than ninety percent of the people using public transportation in the United States and Canada are served by APTA member systems.
FUNDING REQUEST
Mr. Chairman, public transportation is a critical component of our nation’s infrastructure. Americans take more than 10.3 billion transit trips each year. People use public transportation vehicles more than 34 million times each weekday. This is eighteen times the number of daily boardings on the nation’s domestic airlines.
Both the Administration and Congress have fully acknowledged that terrorist threats to transit agencies are real, and have not diminished. The Government Accountability Office (GAO) released a 2002 report which said “about one-third of terrorist attacks worldwide target transportation systems, and transit systems are the mode most commonly attacked.” On February 29, 2008, the Office of Intelligence of the Transportation Security Administration (TSA) released a report concluding that public transportation in America remains vulnerable to terrorist attack. The report states, “The volume of previous attacks and recent plotting against mass transit systems overseas demonstrates continued strong terrorist interest in targeting this sector.” The report further states that, “Previous rail attacks in Madrid, London, and Mumbai could inspire terrorists to conduct similar attacks in the United States.”
Safety and security have always been the top priority of the public transportation industry. Since 9/11, transit systems have taken many steps to further improve security. Public transit agencies with state and local governments, have invested billions of dollars on security and emergency preparedness programs. While we are pleased that Congress recognizes the importance of investing in the safety of public transportation, federal investment in transit security has been minimal when compared to other transportation modes. For example, since 9/11 the federal government has spent over $24 billion on aviation security and only $898 million for transit security.
In 2004, APTA surveyed U.S. transit agencies to determine what actions were needed to improve security for their customers, employees and facilities. In response to the survey, transit agencies around the country identified in excess of $6 billion in transit security investment needs. State and local governments and transit agencies are doing what they can, but it is important for the federal government to increase support for transit security.
Last August, President Bush signed into law H.R.1, the 9/11 Commission Recommendations Act of 2007. The legislation authorizes $3.4 billion in transit security funding over a four year period. We ask that Congress provide $750 million in the Homeland Security Appropriations bill, consistent with the authorized level for FY 2009 in H.R.1. We are extremely disappointed that the Administration proposed only $175 million for transit security in the FY 2009 DHS budget proposal, which would be a cut of $225 million from the $400 million that Congress appropriated for transit security for FY 2008, and significantly less than the $750 million authorized in H.R.1. Federal funding for transit security needs should provide for both hard and soft costs as described below and be separate from investments in the federal transit capital program.
In addition, we urge Congress to provide $600,000 to maintain and operate the Public Transit Information Sharing Analysis Center (ISAC). Funding for this program was authorized under the 9/11 Commission bill under Section 1410 (d), which provides for the sharing of security information between transit agencies and DHS. The ability to share vital information is crucial in preventing and mitigating potential terrorist attacks.
We also urge Congress to provide $500,000 to DHS for the APTA security standards program. APTA is recognized as a Standards Development Organization (SDO) for the public transportation industry. H.R. 1 requires that DHS work with the transit industry. We are applying our growing expertise in standards development to transit industry safety and security, best practices, guidelines and standards. Over the last several years, APTA has worked closely with the Department of Transportation (DOT), DHS and industry leaders to develop standards that help transit agencies use available resources as effectively as possible. We request $500,000 in the DHS Appropriations bill to continue this important work.
FY 2008 TRANSIT SECURITY GRANT PROGRAM GUIDANCE
Last year, Congress enacted H.R. 1, the 9/11 Commission Recommendations Act of 2007. That law authorizes significant increases for transit security grants, and gives specific instructions on how DHS must distribute funds. APTA was pleased to have the opportunity to form a working group among our members to help the Administration deliver grants in the most efficient manner, while fully complying with the intent of the statute. Regrettably, DHS failed to consider our input. In fact, the current distribution process not only ignores the industry’s recommendations, but in many cases violates the statute.
First, H.R.1 included conference report language directing DHS to distribute grants directly to transit agencies. However, DHS has chosen to ignore this directive. Instead, DHS has distributed transit security funds to states who continue to administer the program and retain 3 percent in management and administrative costs while providing no additional value in the distribution of the grant program.
In addition, the new guidance requires a local cost share. For operational costs, the maximum federal share is 66 percent of the total cost. The FY 2009 guidance reduces the federal share to 50 percent. The guidance also imposes a 25 percent local match for the purchase of equipment, management and administration activities. As you know, there is no local cost share requirement authorized in H.R.1.
Furthermore, the new grants guidance specifically excludes items in H.R.1 that should be considered for funding such as chemical-biological detection, and redundant Operation Control Centers. We appreciate the flexibility that H.R.1 provided in allowing a broad range of items for consideration of funding, yet DHS is ignoring this legislative language and restricting the use of federal funds.
APTA appreciates the challenges that DHS faces in implementing the new authorizing statute, and hopes that the agency will fully consider the transit industry’s recommendations in the future. We look forward to working with Congress in the upcoming year to ensure that the grants distribution process complies with H.R.1, and allows transit agencies maximum flexibility to implement the transit security improvements.
SECURITY INVESTMENT NEEDS
Mr. Chairman, since the events of 9/11, the transit industry has invested billions of its own funds for enhanced security measures, building on the industry’s already considerable efforts. At the same time, our industry conducted comprehensive reviews to determine how we further improve on existing security practices. This effort has included a range of activities, which include research, best practices, education, information sharing in the industry, and surveys. As a result we have a better understanding of how to create a more secure environment for our riders and of the most critical security investment needs.
Our survey of public transportation security identified enhancements of at least $5.2 billion in additional capital funding to maintain, modernize, and expand transit system security functions to meet increased security demands. Over $800 million in increased costs for security personnel, training, technical support, and research and development have been identified, bringing total additional transit security funding needs to more than $6 billion.
Responding transit agencies were asked to prioritize the uses for which they required additional federal investment for security improvements. Priority examples of operational improvements include:
- Funding current and additional transit agency and local law enforcement personnel
- Funding for over-time costs and extra security personnel during heightened alert levels
- Training for security personnel
- Joint transit/law enforcement training
- Security planning activities
- Security training for other transit personnel
Priority examples of security capital investment improvements include:
- Radio communications systems
- Security cameras on-board transit vehicles and in transit stations
- Controlling access to transit facilities and secure areas
- Automated vehicle locator systems
- Security fencing around facilities
Transit agencies with large rail operations also reported a priority need for federal capital funding for intrusion detection devices.
Mr. Chairman, the Department of Homeland Security issued directives for the transit industry in May 2004 which would require that transit agencies beef up security and to take a series of precautions to set the stage for more extensive measures without any federal funding assistance. Transit agencies have already carried out many of the measures that Transportation Security Administration (TSA) has called for, such as drafting security plans, removing trash bins and setting up procedures to deal with suspicious packages. The cost of these measures and further diligence taken during times of heightened alert is of particular concern to us. We look forward to working with you in addressing these issues.
CONCLUSION
Mr. Chairman, in light of the nation’s heightened security needs since 9/11, we believe that increased federal investment in public transportation security is critical. The public transportation industry has made great strides in transit security improvements since 9/11 but much more needs to be done. We need the federal government to increase its support for transit security grants that help transit systems address the $6 billion in identified transit security investment needs. We urge this subcommittee to provide $750 million in the FY 2009 Department of Homeland Security Appropriations bill. We urge Congress to fund the Public Transit ISAC and the APTA security standards program as previously described. We urge Congress to include legislative language to correct the DHS’s implementation of the FY 2008 grant program guidance to reflect the authorization law.
We have also found that investment in public transit security programs, resources and infrastructures provides a direct benefit in preparation and response to natural disasters as well. We look forward to building on our relationship with the Department of Homeland Security and Congress to better address these needs. We thank you and the Subcommittee for allowing us to provide testimony on these critical issues and look forward to working with you to improve safety and security for the millions of people who use transit every day.
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