[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1550 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1550

          To provide for rail safety and security assistance.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 15, 2001

  Mr. Hollings (for himself and Mr. McCain) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
          To provide for rail safety and security assistance.

    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 Security Act of 2001''.

SEC. 2. EMERGENCY AMTRAK ASSISTANCE.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Transportation for the use of Amtrak--
            (1) $515,000,000 for systemwide security upgrades, 
        including the reimbursement of extraordinary security-related 
        costs determined by the Secretary to have been incurred by 
        Amtrak since September 11, 2001, and including the hiring and 
        training additional police officers, canine-assisted security 
        units, and surveillance equipment;
            (2) $998,000,000 to be used to complete New York tunnel 
        life safety projects and rehabilitate tunnels in Washington, 
        D.C., and Baltimore, Maryland; and
            (3) $254,000,000 to be used for increasing the 
        accessibility of Penn Station, New York City, for safety and 
        emergency response situations, renovations to the Thames and 
        Niantic Bridges in Connecticut, and improved safety of 
        operations through an advanced civil speed enforcement system 
        radio system in high-speed territory.
    (b) Availability of Appropriated Funds.--Amounts appropriated 
pursuant to subsection (a) shall remain available until expended.
    (c) Plan Required.--The Secretary may not make amounts available to 
Amtrak for obligation or expenditure under subsection (a)--
            (1) for implementing systemwide security upgrades until 
        Amtrak has submitted to the Secretary, and the Secretary has 
        approved, a plan for such upgrades;
            (2) for completing the tunnel life safety and 
        rehabilitation projects until Amtrak has submitted to the 
        Secretary, and the Secretary has approved, an engineering and 
        financial plan for such projects;
            (3) for completing the projects described in subsection 
        (a)(3) until Amtrak has submitted to the Secretary and the 
        Secretary has approved, a plan for such projects; and
            (4) Amtrak has submitted to the Secretary such additional 
        information as the Secretary may require in order to ensure 
        full accountability for the obligation or expenditure of 
        amounts made available to Amtrak for the purpose for which the 
        funds are provided.
    (d) 50 Percent To Be Spent Outside the Northeast Corridor.--The 
Secretary shall ensure that up to 50 percent of the amounts 
appropriated pursuant to subsection (a)(1) is obligated or expended for 
projects outside the Northeast Corridor.
    (e) Assessments by DOT Inspector General.--
            (1) Initial assessment.--Within 60 days after the date of 
        enactment of this Act, the Inspector General of the Department 
        of Transportation shall transmit to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Transportation and Infrastructure 
        a report--
                    (A) identifying any overlap between capital 
                projects for which funds are provided under such 
                funding documents, procedures, or arrangements and 
                capital projects included in Amtrak's 20-year capital 
                plan; and
                    (B) indicating any adjustments that need to be made 
                in that plan to exclude projects for which funds are 
                appropriated pursuant to subsection (a).
            (2) Overlap review.--The Inspector General shall, as part 
        of the Department's annual assessment of Amtrak's financial 
        status and capital funding requirements review the obligation 
        and expenditure of funds under each such funding document, 
        procedure, or arrangement to ensure that the expenditure and 
        obligation of those funds are consistent with the purposes for 
        which they are provided under this Act.
    (f) Coordination With Existing Law.--Amounts made available to 
Amtrak under this section shall not be considered to be Federal 
assistance for purposes of part C of subtitle V of title 49, United 
States Code.

SEC. 3. RAIL SECURITY.

    (a) Secretary of Transportation.--Section 20103(a) of title 49, 
United States Code, is amended by striking ``safety'' and inserting 
``safety, including the security of railroad operations,''.
    (b) 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''.
    (c) Review of Rail Regulations.--Within 180 days after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Federal Railroad Administration's Rail Safety Advisory 
Committee, 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. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) In general.--The Secretary of Transportation shall 
        assess the security risks associated with rail transportation 
        and develop prioritized recommendations for--
                    (A) improving the security of rail 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; and
                    (B) dealing with 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 
        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--
            (1) consult with rail management, rail labor, and public 
        safety officials (including officials responsible for 
        responding to emergencies); and
            (2) utilize, to the maximum extent feasible, the resources 
        and assistance of--
                    (A) the Federal Railroad Administration's Rail 
                Safety Advisory Committee; and
                    (B) the Transportation Research Board of the 
                National Academy of Sciences.
    (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--
                    (A) the assessment and prioritized recommendations 
                required by subsection (a); and
                    (B) any proposals the Secretary deems appropriate 
                for providing Federal financial, technological, or 
                research and development assistance to railroads to 
                assist the railroads in reducing the likelihood, 
                severity, and consequences of deliberate acts of crime 
                or terrorism toward rail employees, rail passengers, 
                rail shipments, or rail property.
            (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.
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