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108th CONGRESS
2d Session
H. R. 4476
To provide for the security and safety of rail and rail transit
transportation systems, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 1, 2004
Mr. Lynch introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To provide for the security and safety of rail and rail transit
transportation systems, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rail Transit
Security and Safety Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Rail transportation security risk assessment.
Sec. 3. Federal Rail Security Managers.
Sec. 4. Study of foreign rail transport security programs.
Sec. 5. Fire and life-safety improvements.
Sec. 6. Security assistance grants.
Sec. 7. Rail security research and development.
Sec. 8. Whistleblower protections for rail employees.
Sec. 9. Authorization of appropriations.
SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability assessment.--The Under Secretary for
Border and Transportation Security of the Department of
Homeland Security, in consultation with the Secretary of
Transportation, shall complete a vulnerability assessment of
freight and passenger rail transportation (encompassing
railroad carriers, as that term is defined in section 20102(2)
of title 49, United States Code). The assessment shall
include--
(A) identification and evaluation of critical
assets and infrastructures;
(B) identification of threats to those assets and
infrastructures;
(C) identification of vulnerabilities that are
specific to the transportation of hazardous materials
via railroad; and
(D) identification of security weaknesses in
passenger and cargo security, transportation
infrastructure, protection systems, procedural
policies, communications systems, employee training,
emergency response planning, and any other area
identified by the assessment.
(2) Existing private and public sector efforts.--The
assessment shall take into account actions taken or planned by
both public and private entities to address identified security
issues and assess the effective integration of such actions.
(3) Recommendations.--Based on the assessment conducted
under paragraph (1), the Under Secretary, in consultation with
the Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Under Secretary has for--
(A) improving the security of rail tunnels, rail
bridges, rail switching areas, other rail
infrastructure and facilities, information systems, and
other areas identified by the Under Secretary as posing
significant rail-related risks to public safety and the
movement of interstate commerce, taking into account
the impact that any proposed security measure might
have on the provision of rail service;
(B) deploying weapon detection equipment;
(C) training employees in terrorism prevention,
passenger evacuation, and response activities;
(D) conducting public outreach campaigns on
passenger railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term
economic impact of measures that may be required to
address those risks.
(4) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the
freight and intercity passenger railroads, and State
and local governments, for the Federal Government to
provide increased security support at high or severe
threat levels of alert; and
(B) a plan for coordinating rail security
initiatives undertaken by the public and private
sectors.
(b) Consultation.--In carrying out the assessment required by
subsection (a), the Under Secretary for Border and Transportation
Security of the Department of Homeland Security shall consult with rail
management, rail labor, owners or lessors of rail cars used to
transport hazardous materials, shippers of hazardous materials, public
safety officials (including those within other agencies and offices
within the Department of Homeland Security) and other relevant parties.
(c) Report.--
(1) Contents.--Within 90 days after the date of enactment
of this Act, the Under Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report containing the assessment and
prioritized recommendations required by subsection (a) and an
estimate of the cost to implement such recommendations.
(2) Format.--The Under Secretary may submit the report in
both classified and redacted formats if the Under Secretary
determines that such action is appropriate or necessary.
(d) Allocations.--The assessment required by subsection (a) shall
be used as the basis for allocating grant funds under section 6, unless
the Secretary of Homeland Security determines that an adjustment is
necessary to respond to an urgent threat or other significant factors.
(e) 2-Year Updates.--The Under Secretary, in consultation with the
Secretary of Transportation, shall update the assessment and
recommendations every 2 years and transmit a report, which may be
submitted in both classified and redacted formats, to the Committees
named in subsection (c)(1), containing the updated assessment and
recommendations.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary for Border and Transportation
Security of the Department of Homeland Security $5,000,000 for fiscal
year 2005 for the purpose of carrying out this section.
SEC. 3. FEDERAL RAIL SECURITY MANAGERS.
(a) Establishment, Designation, and Stationing.--The Under
Secretary for Border and Transportation Security of the Department of
Homeland Security shall establish the position of Federal Rail Security
Manager within each of at least 8 regional areas, as divided on a
geographical basis. The Under Secretary shall designate individuals as
Managers for, and station those Managers within, those regions.
(b) Duties and Powers.--The Manager within each region shall--
(1) receive intelligence information related to rail and
mass transit security;
(2) ensure, and assist in, the implementation of a
comprehensive rail security plan for the region described in
section 2(a)(4);
(3) serve as the regional coordinator of the Under
Secretary's response to terrorist incidents and threats to rail
and rail assets within the region;
(4) coordinate efforts related to rail security with State
and local law enforcement; and
(5) coordinate with other Managers.
SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.
(a) Requirement for Study.--Within one year after the date of
enactment of this Act, the Comptroller General shall complete a study
of the rail passenger transportation security programs that are carried
out for rail transportation systems in Japan, member nations of the
European Union, and other foreign countries.
(b) Purpose.--The purpose of this study shall be to identify
effective rail transportation security measures that are in use in
foreign rail transportation systems, including innovative measures and
screening procedures determined effective.
(c) Report.--The Comptroller General shall submit a report on the
results of this study to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure. The report shall include the
Comptroller General's assessment regarding whether it is feasible to
implement within the United States any of the same or similar security
measures that are determined effective under the study.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000 for fiscal year 2005 to carry out the
provisions of this section, which shall remain available until
expended.
SEC. 5. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation is
authorized to make grants to Amtrak for the purpose of making fire and
life-safety improvements to tunnels on the Northeast Corridor in New
York, New York, Baltimore, Maryland, Washington, District of Columbia,
and Boston, Massachusetts.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for the purposes of
carrying out subsection (a) the following amounts:
(1) For the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers--
(A) $100,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006;
(C) $100,000,000 for fiscal year 2007;
(D) $100,000,000 for fiscal year 2008; and
(E) $100,000,000 for fiscal year 2009.
(2) For the Baltimore & Potomac Tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $10,000,000 for fiscal year 2005;
(B) $10,000,000 for fiscal year 2006;
(C) $10,000,000 for fiscal year 2007;
(D) $10,000,000 for fiscal year 2008; and
(E) $17,000,000 for fiscal year 2009.
(3) For the Washington, District of Columbia, Union Station
tunnels to improve ventilation, communication, lighting, and
passenger egress upgrades--
(A) $8,000,000 for fiscal year 2005;
(B) $8,000,000 for fiscal year 2006;
(C) $8,000,000 for fiscal year 2007;
(D) $8,000,000 for fiscal year 2008; and
(E) $8,000,000 for fiscal year 2009.
(4) For the Boston, Massachusetts, Back Bay tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $8,000,000 for fiscal year 2005;
(B) $8,000,000 for fiscal year 2006;
(C) $8,000,000 for fiscal year 2007;
(D) $8,000,000 for fiscal year 2008; and
(E) $8,000,000 for fiscal year 2009.
(c) Infrastructure Upgrades.--There are authorized to be
appropriated to the Secretary of Transportation for fiscal year 2005
$3,000,000 for the preliminary design of options for a new tunnel on a
different alignment to augment the capacity of the existing Baltimore
tunnels.
(d) Availability of Appropriated Funds.--Amounts appropriated
pursuant to this section shall remain available until expended.
(e) Plan Required.--The Secretary may not make amounts available to
Amtrak for obligation or expenditure under subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing project budget, construction
schedule, recipient staff organization, document control and
record keeping, change order procedure, quality control and
assurance, periodic status reports, and such other matter the
Secretary deems appropriate;
(f) Financial Contribution From Other Tunnel Users.--The Secretary
shall, taking into account the need for timely completion of all life-
safety portions of the tunnel projects described in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs of
the projects; and
(3) seek financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use of the tunnels.
SEC. 6. SECURITY ASSISTANCE GRANTS.
(a) Capital Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable capital security improvements based on the
recommendations established under section 2(a)(3).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or
explosive detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator
type system equipment;
(J) evacuation improvements; and
(K) other capital safety improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable operational security improvements based on the
recommendations established under section 2(a)(3).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for transit employees,
including rail operators, mechanics, customer service,
maintenance employees, transit police, and security
personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transit security;
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