[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4896 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4896

   To provide for the security of the United States railroad system.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

Mr. Oberstar (for himself, Ms. Corrine Brown of Florida, Mr. Lipinski, 
 Mr. DeFazio, Mr. Cummings, Mr. Blumenauer, Mr. Larsen of Washington, 
Mr. Bishop of New York, and Mr. Meehan) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To provide for the security of the United States railroad system.

    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 Railroad Operators, 
Travelers, Employees, and Communities with Transportation Security Act 
of 2004''.

SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Vulnerability assessment.--The Secretary of 
        Transportation, in consultation with the Secretary of Homeland 
        Security, shall complete a vulnerability assessment of railroad 
        transportation. The assessment shall include--
                    (A) identification and evaluation of critical 
                assets and infrastructures to reduce the vulnerability 
                of the railroad transportation system in the event of 
                an attack on any one target and to ensure that our 
                cities continue to function should an attack occur;
                    (B) identification of threats to those assets and 
                infrastructures;
                    (C) identification of vulnerabilities that are 
                specific to the transportation of hazardous materials 
                by 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; 
                and
                    (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 assessment.
            (2) Existing private and public sector efforts.--The 
        assessment may 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 Secretary of Transportation, in 
        consultation with the Secretary of Homeland Security, shall 
        develop prioritized recommendations for improving rail 
        security, including any recommendations the Secretary of 
        Transportation has 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 of 
                Transportation 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) monitoring critical assets and infrastructure;
                    (C) deploying equipment to detect explosives and 
                hazardous chemical, biological, and radioactive 
                substances, and any appropriate countermeasures;
                    (D) training employees and emergency responders in 
                terrorism prevention, passenger evacuation, including 
                tunnel evacuation, and response activities;
                    (E) conducting public outreach campaigns on 
                passenger railroads;
                    (F) deploying surveillance equipment; and
                    (G) identifying the immediate and long-term costs 
                of measures that may be required to address those 
                risks.
            (4) Plans.--The report required by subsection (c) shall 
        include--
                    (A) a plan 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; Use of Existing Resources.--In carrying out the 
assessment required by subsection (a), the Secretary of Transportation 
shall consult with railroad carriers, nonprofit employee organizations 
that represent railroad workers, owners or lessors of rail cars used to 
transport hazardous materials, shippers of hazardous materials by rail, 
public safety officials (including those within other Federal 
agencies), 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 assessment and 
        prioritized recommendations required by subsection (a) and an 
        estimate of the cost to implement such recommendations.
            (2) Format.--The Secretary of Transportation may submit the 
        report in both classified and redacted formats if the Secretary 
        of Transportation determines that such action is appropriate or 
        necessary.
    (d) 2-Year Updates.--The Secretary of Transportation, in 
consultation with the Secretary of Homeland Security, 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 Secretary of Transportation $5,000,000 for fiscal 
year 2005 for the purpose of carrying out this section.

SEC. 3. MEMORANDUM OF AGREEMENT.

    Not later than 60 days after the date of enactment of this Act, the 
Secretary of Transportation and the Secretary of Homeland 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.

SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

    (a) Requirement for Study.--Not later than 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 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 Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives. 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. 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''.

SEC. 6. REVIEW OF RAIL REGULATIONS.

    The Inspector General of the Department of Transportation 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. The Inspector General shall 
consult, as the Inspector General considers appropriate, with officials 
of the Department of Homeland Security and other Federal officials. Not 
later than 1 year after the date of enactment of this Act, the 
Inspector General 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 on the 
review under this section, including recommendations for changes to the 
regulations reviewed and any legislative changes required to improve 
railroad security.

SEC. 7. FREIGHT AND PASSENGER RAIL SECURITY IMPROVEMENT PROGRAM.

    (a) Security Improvement Grants.--The Secretary of Transportation 
is authorized to make grants to railroad carriers, nonprofit employee 
organizations that represent railroad workers or emergency responders, 
shippers of hazardous materials by rail, owners of rail cars used in 
the transportation of hazardous materials, universities, colleges, and 
research centers, and State and local governments, for full or partial 
reimbursement of costs incurred in the conduct of activities to prevent 
or respond to acts of terrorism, sabotage, or other railroad security 
threats, including--
            (1) perimeter protection systems, including access control, 
        installation of better lighting, fencing, and barricades at 
        railroad facilities;
            (2) structural modification or replacement of rail cars 
        transporting high hazard materials to improve their resistance 
        to acts of terrorism;
            (3) technologies for reduction of tank car vulnerability;
            (4) security improvements to passenger railroad stations, 
        trains, and infrastructure;
            (5) tunnel protection systems;
            (6) passenger and employee evacuation technologies;
            (7) inspection technologies, including verified visual 
        inspection technologies using hand-held readers and discs;
            (8) security and redundancy for critical communications, 
        computer, and train control systems essential for secure 
        railroad operations or to continue railroad operations after an 
        attack impacting railroad operations;
            (9) train tracking and interoperable communications 
        systems;
            (10) explosive detection technology and devices;
            (11) security of hazardous material transportation by rail;
            (12) fire suppression and decontamination equipment;
            (13) surveillance equipment and round-the-clock monitoring 
        of critical infrastructure locations;
            (14) additional police and security officers, including 
        canine units;
            (15) accommodation of cargo or passenger screening 
        equipment;
            (16) employee security awareness, preparedness, and 
        emergency response training;
            (17) public security awareness campaigns for passenger 
        train operations; and
            (18) other improvements recommended by the report required 
        by section 2, including infrastructure, facilities, and 
        equipment upgrades.
    (b) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak under subsection (a) unless Amtrak meets the conditions 
set forth in section 12(b).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $500,000,000 for fiscal 
year 2005 to carry out the purposes of this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.

SEC. 8. 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, and Washington, District of 
Columbia.
    (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.
    (c) Availability of Appropriated Funds.--Amounts appropriated 
pursuant to this section shall remain available until expended.

SEC. 9. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary of Transportation, in consultation with the Secretary of 
Homeland Security, shall carry out a research and development program 
for the purpose of improving railroad security that may include 
research and development projects to--
            (1) reduce the vulnerability of passenger trains, stations, 
        and equipment to explosives and hazardous chemical, biological, 
        and radioactive substances;
            (2) test new emergency response techniques and 
        technologies;
            (3) develop improved freight technologies, including--
                    (A) technologies for sealing rail cars;
                    (B) automatic inspection of rail cars;
                    (C) communication-based train controls; and
                    (D) emergency response training;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment;
            (5) support enhanced security for the transportation of 
        hazardous materials by rail, including--
                    (A) technologies to detect a breach in a tank car 
                and transmit 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 high hazard materials; 
                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; and
            (6) other projects recommended in the report required by 
        section 2.
    (b) Coordination With Other Research Initiatives.--The Secretary of 
Transportation shall ensure that the research and development program 
authorized by this section is coordinated with other research and 
development initiatives at the Department of Transportation and other 
Federal agencies.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $50,000,000 in each of 
fiscal years 2005 and 2006 to carry out the purposes of this section. 
Amounts appropriated pursuant to this subsection shall remain available 
until expended.

SEC. 10. RAIL WORKER SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Transportation, in consultation with 
appropriate law enforcement, security, and terrorism experts, 
representatives of railroad carriers, and nonprofit employee 
organizations that represent rail workers, shall develop and issue 
detailed guidance for a rail worker security training program to 
prepare front-line workers for potential threat conditions.
    (b) Program Elements.--The guidance developed under subsection (a) 
shall require such a program to include, at a minimum, elements that 
address the following:
            (1) Determination of the seriousness of any occurrence.
            (2) Crew communication and coordination.
            (3) Appropriate responses to defend oneself.
            (4) Use of protective devices.
            (5) Evacuation procedures.
            (6) Psychology of terrorists to cope with hijacker behavior 
        and passenger responses.
            (7) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
            (8) Any other subject the Secretary considers appropriate.
    (c) Railroad Carrier Programs.--Not later than 60 days after the 
Secretary issues guidance under subsection (a) in final form, each 
railroad carrier shall develop a rail worker security training program 
in accordance with that guidance and submit it to the Secretary for 
approval. Not later than 30 days after receiving a railroad carrier's 
program under this subsection, the Secretary shall review the program 
and approve it or require the railroad carrier to make any revisions 
the Secretary considers necessary for the program to meet the guidance 
requirements.
    (d) Training.--Not later than 180 days after the Secretary approves 
the training program developed by a railroad carrier under this 
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program.
    (e) Updates.--The Secretary shall update the training guidance 
issued under subsection (a) from time to time to reflect new or 
different security threats, and require railroad carriers to revise 
their programs accordingly and provide additional training to their 
front-line workers.

SEC. 11. WHISTLEBLOWER PROTECTION.

    (a) In General.--No employee or other person may be harassed, 
prosecuted, held liable, or discriminated against in any way--
            (1) because that person--
                    (A) has commenced or caused to be commenced, or is 
                about to commence;
                    (B) has testified or is about to testify at; or
                    (C) has assisted or participated in, or is about to 
                assist or participate in any manner in,
        a proceeding or any other action to enhance public 
        transportation security; or
            (2) because that person has refused to violate or assist in 
        the violation of any law, rule, or regulation related to public 
        transportation security.
    (b) Application of Sarbanes-Oxley Act of 2002 Amendments.--
            (1) Civil action to protect against retaliation in fraud 
        cases.--Section 1514A of title 18, United States Code, shall 
        apply to subsection (a) of this section as if--
                    (A) an act or refusal to act described in 
                subsection (a) were described in such section 1514A; 
                and
                    (B) a violation of subsection (a) were a violation 
                of such section 1514A(a).
            (2) Retaliating against a witness, victim, or informant.--
        Section 1513(e) of title 18, United States Code, shall apply to 
        a violation of subsection (a) of this section as if the 
        violation of subsection (a) were a violation of such section 
        1513.

SEC. 12. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

    (a) In General.--The Secretary of Transportation is authorized to 
make grants to Amtrak for--
            (1) tunnel protection systems;
            (2) perimeter protection systems;
            (3) redundant critical operations control systems;
            (4) chemical, biological, radiological, or explosive 
        detection systems;
            (5) surveillance equipment;
            (6) communications equipment;
            (7) emergency response equipment;
            (8) fire suppression and decontamination equipment;
            (9) global positioning or automated vehicle locator type 
        system equipment;
            (10) training of front-line workers and other first 
        responders;
            (11) evacuation improvements; and
            (12) other capital safety improvements.
    (b) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak under subsection (a) unless the projects are contained 
in a systemwide security plan approved by the Secretary, in 
consultation with the Secretary of Homeland Security. The plan shall 
include appropriate measures to address security awareness, emergency 
response, and passenger evacuation training.
    (c) Availability of Funds.--There are authorized to be appropriated 
to the Secretary of Transportation $65,000,000 for fiscal year 2005 for 
the purposes of carrying out this section. Amounts appropriated 
pursuant to this subsection shall remain available until expended.

SEC. 13. PUBLIC AWARENESS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Transportation, in consultation with the Secretary of 
Homeland Security, shall develop a national plan for public outreach 
and awareness. Such plan shall be designed to increase awareness of 
measures that the general public, railroad passengers, and railroad 
employees can take to increase railroad system security. Such plan 
shall also provide outreach to railroad carriers and their employees to 
improve their awareness of available technologies, ongoing research and 
development efforts, and available Federal funding sources to improve 
railroad security. Not later than 9 months after the date of enactment 
of this Act, the Secretary of Transportation shall implement the plan 
developed under this section.

SEC. 14. PASSENGER, BAGGAGE, AND CARGO SCREENING.

    (a) Requirement for Study and Report.--The Secretary of 
Transportation, in consultation with the Secretary of Homeland 
Security, shall--
            (1) analyze the cost and feasibility of requiring security 
        screening for passengers, baggage, and cargo on passenger 
        trains; and
            (2) report the results of the study, together with any 
        recommendations that the Secretary of Transportation 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 not later than 1 year after the 
        date of enactment of this Act.
    (b) Pilot Program.--As part of the study under subsection (a), the 
Secretary of Transportation, in consultation with the Secretary of 
Homeland Security, shall complete a pilot program of random security 
screening of passengers and baggage at passenger rail stations served 
by Amtrak selected by the Secretary of Transportation, in consultation 
with the Secretary of Homeland Security.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation to carry out this 
section $5,000,000 for fiscal year 2005.

SEC. 15. EMERGENCY RESPONDER TRAINING STANDARDS.

    Section 5115(b) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (1)(C);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) shall include standards for the training of persons 
        responsible for responding to emergency situations occurring 
        during the removal and transportation of hazardous materials 
        and high hazard materials (as defined in section 17(2) of the 
        Protecting Railroad Operators, Travelers, Employees, and 
        Communities with Transportation Security Act of 2004) to ensure 
        their ability to protect nearby persons, property, or the 
        environment from the effects of accidents involving hazardous 
        materials.''.

SEC. 16. INFORMATION FOR FIRST RESPONDERS.

    (a) Amendments.--Chapter 51 of title 49, United States Code, is 
amended--
            (1) in section 5111--
                    (A) by inserting ``(a) Air Brake Equipment.--'' 
                before ``A rail tank car''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Information for First Responders.--
            ``(1) Prohibition.--No rail tank car containing hazardous 
        materials may be transported or stored on rail tracks that are 
        part of or connected to the general system of railroad 
        transportation unless information identifying the tank car, the 
        hazardous materials within such tank car, and response guidance 
        is immediately available to local first responders in each 
        location where the tank car may be located. Such information 
        shall be provided through the Operation Respond Institute's 
        technology or similar technology. Each day in which a tank car 
        is transported or stored in violation of this paragraph shall 
        constitute a separate violation.
            ``(2) Exception.--The Secretary of Transportation may 
        provide an exception to the prohibition under paragraph (1) if 
        no data base exists through which the requirement can be 
        met.''; and
            (2) in section 5124, by adding at the end the following: 
        ``This section shall not apply to a violation of subsection (b) 
        of section 5111 or a regulation prescribed or order issued 
        under such subsection.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 90 days after the date of enactment of this Act.

SEC. 17. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``front-line workers'' means security 
        personnel, dispatchers, train operators, other onboard 
        employees, maintenance and support personnel, bridge tenders, 
        and other appropriate employees of railroad carriers;
            (2) the term ``high hazard materials'' means poison 
        inhalation hazard materials, Class 2.3 gases, Class 6.1 
        materials, Class 7 radioactive materials, and anhydrous 
        ammonia; and
            (3) the terms ``railroad'' and ``railroad carrier'' have 
        the meaning given those terms in section 20102 of title 49, 
        United States Code.
                                 <all>