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108th CONGRESS
2d Session
S. 2216
To provide increased rail transportation security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2004
Mr. Hollings (for himself, Ms. Snowe, Mr. Lautenberg, Mr. Carper, Mr.
Biden, Mrs. Boxer, Mr. Schumer, Mr. Kennedy, and Mr. Breaux) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide increased rail transportation security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Transportation Security Act''.
SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Assessment.--The Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall assess
the security risks associated with freight and intercity
passenger rail transportation and develop prioritized
recommendations for--
(A) improving the security of rail infrastructure
and facilities, terminals, tunnels, rail bridges, rail
switching areas, and other areas identified by the
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 chemical and biological weapon
detection equipment;
(C) training employees in terrorism response
activities; and
(D) identifying the immediate and long-term
economic impact of measures that may be required to
address those risks.
(2) Existing private and public sector efforts.--The
assessment shall include a review of any actions already taken
or prospective actions necessary to address identified security
issues by both public and private entities.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment required by subsection (a), the Secretary shall consult with
rail management, rail labor, facility owners and operators, and public
safety officials (including officials responsible for responding to
emergencies).
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report, without compromising national
security, containing the assessment and prioritized
recommendations required by subsection (a).
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $515,000,000 for fiscal year 2005 to
carry out this section, implement the measures contained in the
Secretary's prioritized recommendations, and award grants for purposes
identified in the assessment in subsection (a), such sums to remain
available until expended.
SEC. 3. RAIL SECURITY.
(a) Rail Police Officers.--Section 28101 is amended by striking
``the rail carrier'' each place it appears and inserting ``any rail
carrier''.
(b) Review of Rail Regulations.--Within 180 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Department of Homeland Security, shall review existing rail
regulations of the Department of Transportation for the purpose of
identifying areas in which those regulations need to be revised to
improve rail safety and security.
SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.
(a) Requirement for Study.--Not later than December 1, 2004, the
Comptroller General shall carry out 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 the 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 the study to Congress. 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.
SEC. 5. PASSENGER, BAGGAGE, AND CARGO SCREENING.
(a) Requirement for Study and Report.--The Secretary of Homeland
Security shall--
(1) study the cost and feasibility of requiring security
screening for all passengers, baggage, and mail, express, and
other cargo on Amtrak trains; and
(2) report the results of the study, together with any
recommendations that the Secretary may have for implementing a
rail security screening program to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives one year after the date of enactment of this
Act.
(b) Pilot Program.--As part of the study under subsection (a), the
Secretary shall conduct a pilot program of random security screening of
passengers and baggage at 5 of the 10 busiest passenger rail stations
served by Amtrak (measured by the average number of boardings of Amtrak
passenger trains) and at up to five additional rail stations served by
Amtrak that are selected by the Secretary. In selecting the additional
train stations the Secretary shall attempt to achieve a distribution of
participating stations in terms of geographic location and size.
SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.
Any statutory limitation on the number of employees in the
Transportation Security Administration of the Department of
Transportation, before or after its transfer to the Department of
Homeland Security, does not apply to the extent that any such employees
are responsible for implementing the provisions of this title.
SEC. 7. LIFE SAFETY AND INFRASTRUCTURE.
(a) Life Safety Needs.--There are authorized to be appropriated to
the Secretary of Transportation for the use of Amtrak for fiscal year
2005:
(1) $677,000,000 for the 6 New York tunnels built in 1910
to provide ventilation, electrical, and fire safety technology
upgrades, emergency communication and lighting systems, and
emergency access and egress for passengers.
(2) $57,000,000 for the Baltimore & Potomac tunnel built in
1872 to provide adequate drainage, ventilation, communication,
lighting, and passenger egress upgrades.
(3) $40,000,000 for the Washington, D.C. Union Station
tunnels built in 1904 under the Supreme Court and House and
Senate Office Buildings to improve ventilation, communication,
lighting, and passenger egress upgrades.
(b) Infrastructure Upgrades.--There are authorized to be
appropriated to the Secretary of Transportation for the use of Amtrak
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, such funds to remain available until
expended.
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