Transit Security Provisions of H.R. 1

After the ATU aggressively fought for its passage for 6 years, Congress finally enacted comprehensive transit and over-the-road bus security legislation that includes a number of the ATU’s top priorities for increasing the security of our nation’s public transportation systems. The bill, H.R. 1, was signed into law on August 3, 2007.

“This bill is an overwhelming victory for U.S. transit workers,” said ATU International President Warren George.

The bill includes significant funding for transit and over-the-road bus security initiatives, requires security training for employees, includes Section 13(c) transit labor protections for new grant programs, and sets out new whistleblower and other employee protections for transit workers. We have outlined the relevant provisions in the bill below:

In addition, the bill authorizes $87 million over four years for grants to over-the-road bus companies. The grants are available for both capitol and operating expenses, including driver shields, cameras, hiring or training security personnel and operating costs associated with training.

Section 13(c) Transit Labor Protections

Section 13(c) transit labor protections are included in both the transit and the over-the-road bus grant program. The protections applied to the transit grant program are the same as those applied to 5307 grants, as in effect on January 1, 2007. The over-the-road bus grants have the same protections as those currently applied to over-the-road bus transportation under section 5311(f).

Security and Emergency Response Training

Ensuring that frontline workers receive meaningful security training has been a top priority of the ATU for several years and this legislation clearly delivers on this issue. Under the new law, all transit grant recipients and over-the-road bus companies will be required to provide security and emergency response training to all frontline employees.

For transit systems, the training requirement is a long-term requirement, which means it is triggered with the first grant and requires routine and ongoing training regardless of whether the agency received subsequent grants awards. Frontline transit employees include “an employee of a public transportation agency who is a transit vehicle driver or operators, dispatcher, maintenance and maintenance support employee, station attendant, customer service employee, security employee, or transit police, or any other employee who has direct contact with riders on a regular basis, and any other employee of a public transportation agency that the Secretary determines should receive training.”

Frontline over-the-road bus employees include “over-the-road bus drivers, dispatchers, maintenance and maintenance support personnel, ticket agents, other terminal employees, and other employees of an over-the-road bus operator or terminal owner or operator that the Secretary determines should receive training.”

Significantly, the bill requires DHS to develop regulations for the security training programs and further requires DHS to consult with labor in the development of those regulations. The final regulations for the training program are to be issued no later than 1 year from date of enactment of the bill (6 months for the over-the-road program). After that, transit grant recipients and over-the-road bus companies have 90 days to develop a security training program that meets the DHS requirements. Those training programs must then be submitted to DHS, which will have 60 days to review the program, followed by a 30 days response and approval period. Training must be complete no later than 1 year after DHS approves the program.

Whistleblower and Employee Protections

The bill sets forth new whistleblower and employee protection requirements for transit employees and expands the protections for over-the-road bus employees. These new and expanded protections cover both safety and security. These protections are now some of the strongest in federal law and will provide workers with a fair and timely process to adjudicate whistleblower complaints.

The protections for transit employees prohibit an employer from discharging, demoting, suspending, reprimanding, or in any other way discriminating against an employee for the following actions:

The protections for over-the-road bus employees are similar to those outlined above.

Background Check Protections

Currently, transit agencies are not required by federal law to conduct criminal background checks on transit employees. Under this new law, if the Department of Homeland Security issues any guidance or recommendations to transit employers (including contractors) on the performance of background checks, the guidance or recommendations must include certain protections and limitations.

Specifically, the guidance, if issued, must limit the look back period for background checks and limit those checks to certain permanent and interim disqualifying offenses. In addition, workers must be afforded an appeal and waiver process.

Permanent disqualifying offenses, for which there would be no look-back restriction, would include espionage, sedition, treason, terrorism, crimes involving a transportation security incident, improper transport of hazardous materials, crimes relating to explosives and explosive devices, murder, and RICO violations.

Interim disqualifying offenses, for which the look-back is 7 years, would include crimes involving firearms or weapons, extortion, certain fraud or money laundering crimes (not involving welfare or bad checks), bribery, smuggling, immigration violations, distribution of controlled substances, arson, kidnapping or hostage taking, rape or aggravated sexual abuse, assault with intent to kill, robbery, fraudulent entry to a seaport, and certain RICO violations.

Security Screenings

While the legislation does not require transit and over-the-road bus companies to conduct background checks on employees, it does require DHS to check all transit employee names against the consolidated terrorist watchlist and to conduct an immigration status check on all transit employees. This is not a background check and it will not require employees to pay a fee. There is an established appeals process for employees mistakenly matched against the list.

This requirement already exists in aviation, maritime and for truck drivers with a hazardous materials endorsement. In these industries, the checks have produced very few “hits” from the terrorist watch list and those that do come up are usually cleared quickly in the appeals process.

Security Strategies, Assessments and Plans

The bill requires DHS and the Department of Transportation (DOT) to establish a national strategy and assessment for securing public transit. As part of this review, DHS is required to consult with labor organizations representing public transit employees. In addition to this national plan, DHS will conduct or supplement security assessments for transit providers and over-the-road bus companies that will identify security vulnerabilities including an assessment of current employee training practices and emergency response.

School Bus Security

Finally, the bill requires DHS to conduct a comprehensive assessment of the security risks of the nation’s school bus transportation systems. The report will include a review of public and private systems, an assessment of actions already taken to address security risks, and what additional actions and investment are necessary to improve security.

In conducting the risk assessment, DHS is required to consult with various stakeholders including labor organizations representing school bus drivers.

Updates on H.R. 1

• House Members Join ATU Call for Security Training Guidelines - November 26, 2007
• ATU Decries Missed DHS Transit Security Deadline - November 5, 2007