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108th CONGRESS
2d Session
S. 2273
To provide increased rail transportation security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 1, 2004
Mr. McCain (for himself, Mr. Hollings, Ms. Snowe, Mr. Kennedy, Mrs.
Clinton, Mr. Rockefeller, Mr. Biden, Mr. Carper, and Mr. Lautenberg)
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rail Security 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. Rail security.
Sec. 4. Study of foreign rail transport security programs.
Sec. 5. Passenger, baggage, and cargo screening.
Sec. 6. Certain personnel limitations not to apply.
Sec. 7. Fire and life safety improvements.
Sec. 8. Transportation security.
Sec. 9. Amtrak plan to assist families of passengers involved in rail
passenger accidents.
Sec. 10. System-wide Amtrak security upgrades.
Sec. 11. Freight and passenger rail security upgrades.
Sec. 12. Department of Transportation oversight.
Sec. 13. Rail security research and development.
Sec. 14. Welded rail and tank car safety improvements.
Sec. 15. Northern Border rail passenger report.D23/
SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability Assessment.--The Under Secretary of
Homeland Security for Border and Transportation Security, in
consultation with the Secretary of Transportation, shall
complete a vulnerability assessment of freight and passenger
rail transportation (encompassing rail carriers, as that term
is defined in section 20102(1) 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 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; Use of Existing Resources.--In carrying out the
assessment required by subsection (a), the Under Secretary of Homeland
Security for Border and Transportation 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 180 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) 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.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary of Homeland Security for Border and
Transportation Security $5,000,000 for fiscal year 2005 for the purpose
of carrying out this section.
SEC. 3. RAIL SECURITY.
(a) Rail Police Officers.--Section 28101 of title 49, United States
Code, is amended by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Within 1 year after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Under Secretary of Homeland Security for Border and
Transportation 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 security.
SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.
(a) Requirement for Study.--Within one year after the date of
enactment of the Rail Security Act of 2004, 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 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 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.
SEC. 5. PASSENGER, BAGGAGE, AND CARGO SCREENING.
(a) Requirement for Study and Report.--The Under Secretary of
Homeland Security for Border and Transportation Security, in
cooperation with the Secretary of Transportation, shall--
(1) analyze the cost and feasibility of requiring security
screening for passengers, baggage, and mail on passenger
trains; and
(2) report the results of the study, together with any
recommendations that the Under Secretary may have for
implementing a rail security screening program to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure within 1 year after the date of enactment of
this Act.
(b) Pilot Program.--As part of the study under subsection (a), the
Under Secretary shall complete a pilot program of random security
screening of passengers and baggage at 5 passenger rail stations served
by Amtrak selected by the Under Secretary. In conducting the pilot
program, the Under Secretary shall--
(1) test a wide range of explosives detection technologies,
devices and methods;
(2) require that intercity rail passengers produce
government-issued photographic identification which matches the
name on the passenger's tickets prior to boarding trains; and
(3) attempt to achieve a distribution of participating
train stations in terms of geographic location, size, passenger
volume, and whether the station is used by commuter rail
passengers as well as Amtrak passengers.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary of Homeland Security for Border and
Transportation Security to carry out this section $5,000,000 for fiscal
year 2005.
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 Act.
SEC. 7. 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, NY, Baltimore, MD, and Washington, DC
(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) $170,000,000 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, DC 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.
(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 plan updates, 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 the 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. 8. TRANSPORTATION SECURITY.
(a) Memorandum of Agreement.--Within 60 days after the date of
enactment of this Act, the Secretary of Transportation and the Under
Secretary of Homeland Security for Border and Transportation Security
shall execute a memorandum of agreement governing the roles and
responsibilities of the Department of Transportation and the Department
of Homeland Security, respectively, in addressing railroad
transportation security matters, including the processes the
departments will follow to promote communications, efficiency, and
nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49, United
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