[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4604 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4604

    To improve railroad security and to authorize railroad security 
                    funding, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2004

Mr. Young of Alaska (for himself, Mr. Quinn, and Mr. Porter) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To improve railroad security and to authorize railroad security 
                    funding, 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.

    This Act may be cited as the ``Protecting Railroads against Enemy 
Efforts through Modernization, Planning, and Technology Act''.

SEC. 2. RAILROAD TRANSPORTATION SECURITY PLAN.

    (a) Requirement.--
            (1) In general.--The Secretary of Transportation, in 
        consultation with the Under Secretary of Homeland Security for 
        Border and Transportation Security and in accordance with the 
        Memorandum of Understanding executed under section 3, shall 
        develop a plan for the security of the Nation's railroads. The 
        plan shall include--
                    (A) identification and evaluation of critical 
                railroad 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;
                    (D) identification of redundant and backup systems 
                required to ensure the continued operation of critical 
                elements of the railroad system in the event of an 
                attack or other incident, including disruption of 
                commercial electric power or communications networks;
                    (E) 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 plan;
                    (F) a plan for the Federal Government to provide 
                increased security support at high or severe threat 
                levels of alert, developed in consultation with the 
                freight and intercity passenger railroads and State and 
                local governments;
                    (G) procedures for establishing and maintaining 
                permanent and comprehensive consultative relations 
                among the parties described in subsection (b); and
                    (H) a contingency plan, developed in conjunction 
                with freight and intercity and commuter passenger 
                railroads, to ensure the continued movement of freight 
                and passengers in the event of an attack affecting the 
                railroad system, which shall contemplate--
                            (i) the possibility of rerouting traffic 
                        due to the loss of critical infrastructure, 
                        such as a bridge, tunnel, yard, or station; and
                            (ii) methods of continuing railroad service 
                        in the Northeast Corridor in the event of a 
                        commercial power loss, or catastrophe affecting 
                        a critical bridge, tunnel, yard, or station.
            (2) Existing private and public sector efforts.--The plan 
        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.--The Secretary of Transportation shall 
        develop prioritized recommendations for improving railroad 
        security, including recommendations for--
                    (A) improving the security of rail tunnels, rail 
                bridges, rail switching and car storage areas, other 
                rail infrastructure and facilities, information 
                systems, and other areas identified by the Secretary as 
                posing significant railroad-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 railroad 
                service;
                    (B) deploying equipment to detect explosives and 
                hazardous chemical, biological, and radioactive 
                substances, and any appropriate countermeasures;
                    (C) installing redundant and backup systems to 
                ensure the continued operation of critical elements of 
                the railroad system in the event of an attack or other 
                incident, including disruption of commercial electric 
                power or communications networks;
                    (D) conducting public outreach campaigns on 
                passenger railroads;
                    (E) deploying surveillance equipment; and
                    (F) identifying the immediate and long-term costs 
                of measures that may be required to address those 
                risks.
    (b) Consultation.--In developing the plan under subsection (a), the 
Secretary of Transportation shall consult with rail management, rail 
labor, owners or lessors of rail cars used to transport hazardous 
materials, first responders, shippers of hazardous materials, State 
Departments of Transportation, public safety officials (including those 
within agencies and offices of the Department of Homeland Security), 
and other relevant parties.
    (c) Report.--
            (1) Contents.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report containing the plan and prioritized 
        recommendations required by subsection (a), along with an 
        estimate of the cost to implement such recommendations.
            (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 of Transportation $10,000,000 for fiscal 
year 2005 for the purpose of carrying out this section.

SEC. 3. MEMORANDUM OF UNDERSTANDING.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Transportation and the Secretary of Homeland Security 
shall execute a memorandum of understanding 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.

SEC. 4. RAILROAD SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Secretary of Transportation 
is authorized to make grants to railroads, hazardous materials 
shippers, owners of rail cars used in the transportation of hazardous 
materials, universities, colleges, and research centers, and State and 
local governments (for railroad facilities and infrastructure) for full 
or partial reimbursement of costs incurred to prevent or respond to 
acts of terrorism, sabotage, or other railroad security threats, 
including providing for--
            (1) automated security inspection;
            (2) continued development and pilot deployment of 
        communications-based train control systems;
            (3) emergency bridge repair and replacement technology and 
        testing;
            (4) track, structure, and right-of-way integrity 
        monitoring;
            (5) technologies for reduction of tank car vulnerability;
            (6) demonstration of bridge and tunnel inspection 
        technologies;
            (7) establishment of a unified national railroad emergency 
        operations center;
            (8) signal system security at turnouts;
            (9) security and redundancy for critical communications, 
        electric power (including traction power), computer, and train 
        control systems essential for secure railroad operations or to 
        continue railroad operations after an attack impacting railroad 
        operations;
            (10) the security of hazardous material transportation by 
        railroad;
            (11) secure passenger railroad stations, trains, and 
        infrastructure;
            (12) public security awareness campaigns for passenger 
        train operations;
            (13) the sharing of intelligence and information about 
        railroad security threats;
            (14) train tracking and interoperable communications 
        systems that are coordinated to the maximum extent possible;
            (15) additional police and security officers, including 
        canine units; and
            (16) other improvements recommended by the report required 
        by section 2, including infrastructure, facilities, and 
        equipment upgrades.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation--
            (1) $5,000,000 for each of fiscal years 2005 and 2006 for 
        automated security inspection;
            (2) $20,000,000 for continued development and deployment of 
        communications-based train control systems;
            (3) $5,000,000 for each of fiscal years 2005 through 2008 
        for emergency bridge repair and replacement technology and 
        testing;
            (4) $3,000,000 for fiscal year 2005 for track, structure, 
        and right-of-way integrity monitoring;
            (5) $3,000,000 for fiscal year 2005 for technologies for 
        reduction of tank car vulnerability;
            (6) $20,000,000 for demonstration of bridge and tunnel 
        inspection technologies;
            (7) $10,000,000 for establishment of a unified national 
        railroad emergency operations center;
            (8) $1,500,000 for each of fiscal years 2005 and 2006 for 
        signal system security at turnouts; and
            (9) $350,000,000 for fiscal year 2005 to carry out 
        paragraphs (9) through (16) of subsection (a).
Amounts appropriated pursuant to this subsection shall remain available 
until expended.

SEC. 5. FIRE AND LIFE-SAFETY IMPROVEMENTS.

    (a) Life-Safety Needs.--The Secretary of Transportation is 
authorized to procure fire and life-safety improvements to the tunnels 
on the Northeast Corridor in New York, New York, Baltimore, Maryland, 
and Washington, D.C.
    (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, D.C., 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) Availability of Appropriated Funds.--Amounts appropriated 
pursuant to this section shall remain available until expended.

SEC. 6. MISCELLANEOUS TECHNICAL AND CONFORMING PROVISIONS.

    (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.--Not later than 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 railroad 
security.
    (c) Railroad Security.--Section 20101 of title 49, United States 
Code, is amended by striking ``safety'' and inserting ``safety, 
including security,''.
    (d) Rail Safety Regulations.--Section 20103(a) of title 49, United 
States Code, is amended by striking ``safety'' the first place it 
appears, and inserting ``safety, including security,''.
    (e) 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. DEFINITION.

    For purposes of this Act, the term ``railroad'' has the meaning 
given that term in section 20102 of title 49, United States Code.
                                 <all>