[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4476 Introduced in House (IH)]






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;
                    (D) canine patrols for chemical, biological, or 
                explosives detection;
                    (E) overtime reimbursement for enhanced security 
                personnel during significant national and international 
                public events; and
                    (F) other appropriate security improvements.
    (c) Congressional Notification.--Not later than 3 days before any 
grant is awarded under this section, the Secretary of Homeland Security 
shall notify the Committee on Transportation and Infrastructure of the 
House of Representatives of the intent to award such grant.
    (d) Procedures for Grant Award.--The Secretary shall prescribe 
procedures and schedules for the awarding of grants under this section, 
including application and qualification procedures, and a record of 
decision on applicant eligibility. The procedures shall include the 
execution of a grant agreement between the grant recipient and the 
Secretary. The Secretary shall issue a final rule establishing the 
procedures not later than 90 days after the date of enactment of this 
Act.
    (e) Transit Agency Responsibilities.--Each public transportation 
agency that receives a grant under this section shall--
            (1) identify a security coordinator to coordinate security 
        improvements;
            (2) develop a comprehensive plan that demonstrates the 
        agency's capacity for operating and maintaining the equipment 
        purchased under this subsection;
            (3) develop a comprehensive training plan that demonstrates 
        the agency's capacity to train all employees in emergency 
        response and security awareness; and
            (4) report annually to the Department of Homeland Security 
        on the use of grant funds received under this section.
    (f) Return of Misspent Grant Funds.--If the Secretary of Homeland 
Security determines that a grantee used any portion of the grant funds 
received under this section for a purpose other than allowable uses 
specified for that grant under this section, the grantee shall return 
any amount so used to the Treasury of the United States.

SEC. 7. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The Under 
Secretary for Border and Transportation Security of the Department of 
Homeland Security, in conjunction with the Secretary of Transportation, 
shall carry out a research and development program for the purpose of 
improving freight and intercity passenger rail security, including 
research and development projects to--
            (1) reduce the vulnerability of passenger trains, stations, 
        infrastructure, and equipment to explosives;
            (2) test new emergency response techniques and 
        technologies;
            (3) research chemical, biological, radiological, or 
        explosive detection systems;
            (4) research imaging technologies;
            (5) research technologies for sealing rail cars; and
            (6) support enhanced security for transportation of 
        hazardous materials by rail, including--
                    (A) technologies to detect a breach in a tank car 
                and transit information about the integrity of tank 
                cars to the train crew;
                    (B) research to improve tank car integrity, with a 
                focus on tank cars that carry toxic-inhalation 
                chemicals; and
                    (C) techniques to transfer hazardous materials from 
                rail cars that are damaged or otherwise represent an 
                unreasonable risk to human life or public safety.
    (b) Research and Development Grants.--The Under Secretary, in 
consultation with the Federal Transit Administration, shall award 
grants to public or private entities to conduct research into, and 
demonstration of, technologies and methods to reduce and deter 
terrorist threats or mitigate damages resulting from terrorist attacks 
against public transportation systems, as described in subsection (a).

SEC. 8. WHISTLEBLOWER PROTECTIONS FOR RAIL EMPLOYEES.

    (a) In General.--No company involved in rail transportation 
(encompassing railroad carriers, as that term is defined in section 
20102(2) of title 49, United States Code) or any officer, employee, 
contractor, subcontractor, or agent of such company, may discharge, 
demote, suspend, threaten, harass, hold liable, or discriminate in any 
way against an employee because of any lawful act done by the 
employee--
            (1) to provide information, to cause information to be 
        provided, or otherwise assist in any investigation or 
        proceeding regarding conduct that the employee believes 
        reasonably contravenes the purposes, functions, or 
        responsibilities of this Act, when that information or 
        assistance is provided to or the investigation is conducted 
        by--
                    (A) a Federal or State regulatory or law 
                enforcement agency;
                    (B) any Member of Congress or any committee of 
                Congress; or
                    (C) a person with supervisory authority over the 
                employee (or such other person working for the employer 
                who has the authority to investigate, discover, or 
                terminate misconduct); or
            (2) to refuse to violate or assist in the violation of any 
        rule, law, or regulation related to rail security.
    (b) Enforcement Action.--
            (1) In general.--A person who alleges discharge or other 
        discrimination by any person in violation of subsection (a) may 
        seek relief under subsection (c) by--
                    (A) filing a complaint with the Secretary of Labor; 
                or
                    (B) if the Secretary of Labor has not issued a 
                final decision within 180 days of the filing of the 
                complaint and there is no showing that such delay is 
                due to bad faith of the claimant, bringing an action at 
                law or equity for de novo review in the appropriate 
                district court of the United States, which shall have 
                jurisdiction over such action without regard to the 
                amount in controversy.
            (2) Procedure.--
                    (A) In general.--An action brought under paragraph 
                (1)(A) shall be governed by the rules and procedures 
                set forth in section 42121(b)(1) of title 49, United 
                States Code.
                    (B) Exception.--Notification made under section 
                42121(b)(1) of title 49, United States Code, shall be 
                made to the person named in the complaint and to the 
                employer.
                    (C) Burdens of proof.--An action under paragraph 
                (1)(B) shall be governed by the legal burdens of proof 
                set forth in section 42121(b) of title 49, United 
                States Code.
                    (D) Statute of limitations.--An action brought 
                under paragraph (1) shall be commenced not later than 
                90 days after the date on which the violation occurs.
    (c) Remedies.--
            (1) In general.--An employee prevailing in any action under 
        subsection (b)(1) shall be entitled to all relief necessary to 
        make the employee whole.
            (2) Compensatory damages.--Relief for any action under 
        paragraph (1) shall include--
                    (A) reinstatement with the same seniority status 
                that the employee would have had, but for the 
                discrimination;
                    (B) the amount of back pay, with interest; and
                    (C) the compensation for any special damages 
                sustained as a result of the discrimination, including 
                litigation costs, expert witness fees, and reasonable 
                attorney's fees.
    (d) Rights Retained by Employee.--Nothing in this section shall be 
deemed to diminish the rights, privileges, or remedies of any employee 
under any Federal or State law, or under any collective bargaining 
agreement.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) Capital Security Assistance Program.--There are authorized to 
be appropriated $2,500,000,000 for fiscal year 2005 to carry out the 
provisions of section 6(a), which shall remain available until 
expended.
    (b) Operational Security Assistance Program.--There are authorized 
to be appropriated to carry out the provisions of section 6(b)--
            (1) $100,000,000 for fiscal year 2005;
            (2) $750,000,000 for fiscal year 2006; and
            (3) $500,000,000 for fiscal year 2007.
    (c) Rail Security Research and Development.--There are authorized 
to be appropriated $50,000,000 for fiscal year 2005 to carry out the 
provisions of section 7(a), and $50,000,000 for fiscal year 2005 to 
carry out the provisions of section 7(b), which shall remain available 
until expended.
                                 <all>