[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5132 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5132

     To provide increased rail and public transportation security.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2004

   Mr. Menendez (for himself, Mr. Pascrell, Mr. Holt, Mr. Payne, Mr. 
 Andrews, Mr. Pallone, and Mr. Rothman) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To provide increased rail and public 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 and Public 
Transportation 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. Findings.
Sec. 3. Rail transportation security risk assessment.
Sec. 4. Rail security.
Sec. 5. Study of foreign rail transport security programs.
Sec. 6. Passenger, baggage, and cargo screening.
Sec. 7. Certain personnel limitations not to apply.
Sec. 8. Fire and life safety improvements.
Sec. 9. Transportation security.
Sec. 10. Intelligence sharing.
Sec. 11. Research, development, and demonstration.
Sec. 12. Amtrak plan to assist families of passengers involved in rail 
                            passenger accidents.
Sec. 13. Systemwide Amtrak security upgrades.
Sec. 14. Freight and passenger rail security upgrades.
Sec. 15. Department of Transportation oversight.
Sec. 16. Welded rail and tank car safety improvements.
Sec. 17. Northern Border rail passenger report.
Sec. 18. Mass transportation system security improvements.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since September 11, 2001, the Federal Government has 
        spent $4,500,000,000 annually to protect the Nation's 2,000,000 
        air travelers, and only $75,000,000 to secure the Nation's rail 
        and public transit systems which carry 32,000,000 passengers 
        annually.
            (2) The Nation's rail and public transit systems carry 16 
        times more passengers every day than the airlines, yet the 
        Federal Government has spent 90 times more funding for airline 
        security.
            (3) Between fiscal years 2003 and 2004 the Department of 
        Homeland Security has reduced transit security funding by 22 
        percent.
            (4) Safety and security of the Nation's freight railroads 
        and intercity passenger rail systems and public transit systems 
        are critical to the Nation's economy.
            (5) As demonstrated by the recent terrorist attacks on 
        commuter trains in Madrid, Spain, a real and imminent threat 
        exists and appropriate security measures must be taken 
        immediately.
            (6) The safety of the 32,000,000 Americans who use the 
        Nation's public transit systems is the responsibility of the 
        Federal Government.
            (7) The Nation's rail and public transit systems have 
        identified $6,000,000,000 in critical security needs.
            (8) Authorized and proposed funding provided in the annual 
        appropriations measures and the reauthorization of the 
        Transportation Efficiency Act for the 21st Century for the 
        capital and operating needs of transit systems cannot be used 
        to address these critical security needs without severely 
        reducing the level of service provided.

SEC. 3. 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 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 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 120 days after the date of enactment 
        of this Act, the Under Secretary shall transmit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate 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) Annual Updates.--The Under Secretary, in consultation with the 
Secretary of Transportation, shall update the assessment and 
recommendations annually 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. 4. RAIL SECURITY.

    (a) Rail Police Officers.--
            (1) Amendment.--Section 28101 of title 49, United States 
        Code, is amended to read as follows:
``Sec. 28101. Rail and State public transit police officers
    ``(a) In General.--Under regulations prescribed by the Secretary of 
Transportation, a rail or public transit system police officer who is 
employed by a rail carrier or a public transportation system and 
certified or commissioned as a police officer under the laws of a State 
may enforce the laws of any jurisdiction in which the rail carrier or 
public transit system owns property or provides service, to the extent 
of the authority of a police officer certified or commissioned under 
the laws of that jurisdiction, to protect--
            ``(1) employees, passengers, or patrons of the rail carrier 
        or public transit system;
            ``(2) property, equipment, and facilities owned, leased, 
        operated, or maintained by the rail carrier or public transit 
        system;
            ``(3) property moving in interstate or foreign commerce in 
        the possession of the rail carrier or public transit system; 
        and
            ``(4) personnel, equipment, and material moving by rail or 
        public transit that are vital to the national defense.
    ``(b) Definition.--In this section, the term `public transit' has 
the meaning given that term by section 5302(a) of this title.''.
            (2) Table of sections amendment.--The item relating to 
        section 28101 in the table of sections for chapter 281 of title 
        49, United States Code, is amended to read as follows:

``28101. Rail and State public transit police officers.''.
    (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. 5. 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 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 Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate. 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. 6. 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 Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate 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. 7. 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. 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) $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, 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) 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;

SEC. 9. 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 
States Code, is amended by striking ``safety'' the first place it 
appears, and inserting ``safety, including security,''.

SEC. 10. INTELLIGENCE SHARING.

    (a) Intelligence Sharing.--The Secretary of Homeland Security shall 
ensure that the Department of Transportation receives appropriate and 
timely notification of all credible terrorist threats against public 
transportation assets in the United States.
    (b) Information Sharing Analysis Center.--
            (1) Establishment.--The Department of Homeland Security 
        shall fund the reasonable costs of the Information Sharing and 
        Analysis Center for Public Transportation (referred to in this 
        subsection as the ``ISAC'') established pursuant to 
        Presidential Directive 63 to protect critical infrastructure.
            (2) Public transportation agency participation.--The 
        Secretary of Homeland Security--
                    (A) shall require those public transportation 
                agencies that the Secretary determines to be at 
                significant risk of terrorist attack to participate in 
                the ISAC;
                    (B) shall encourage all other public transportation 
                agencies to participate in the ISAC; and
                    (C) shall not charge any public transportation 
                agency a fee for participation in the ISAC.

SEC. 11. RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

    (a) Research, Development, and Demonstration Grants.--
            (1) Grants authorized.--The Secretary of Homeland Security, 
        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 against public transportation 
        systems.
            (2) Use of funds.--Grants awarded under paragraph (1) may 
        be used for--
                    (A) researching chemical, biological, radiological, 
                or explosive detection systems that do not 
                significantly impede passenger access;
                    (B) researching imaging technologies;
                    (C) conducting product evaluations and testing; and
                    (D) researching other technologies or methods for 
                reducing or deterring terrorist attacks against public 
                transportation systems, or mitigating damage from such 
                attacks.
            (3) Reporting requirement.--Each entity that receives a 
        grant under this subsection shall report annually to the 
        Department of Homeland Security on the use of grant funds 
        received under this subsection.
            (4) 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 subsection for a purpose 
        other than the allowable uses specified under paragraph (2), 
        the grantee shall return any amount so used to the Treasury of 
        the United States.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Under Secretary of Homeland Security 
        for Border and Transportation Security $200,000,000 for fiscal 
        year 2005 to carry out the purposes of this subsection. Amounts 
        appropriated pursuant to this paragraph shall remain available 
        until expended.
    (b) Rail Security Research and Development.--
            (1) Establishment of research and development program.--The 
        Under Secretary of Homeland Security for Border and 
        Transportation 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--
                    (A) reduce the vulnerability of passenger trains, 
                stations, and equipment to explosives;
                    (B) test new emergency response techniques and 
                technologies;
                    (C) develop improved freight technologies, 
                including--
                            (i) technologies for sealing rail cars;
                            (ii) automatic inspection of rail cars;
                            (iii) communication-based train controls; 
                        and
                            (iv) emergency response training;
                    (D) test wayside detectors that can detect 
                tampering with railroad equipment; and
                    (E) support enhanced security for the 
                transportation of hazardous materials by rail, 
                including--
                            (i) technologies to detect a breach in a 
                        tank car and transmit information about the 
                        integrity of tank cars to the train crew;
                            (ii) research to improve tank car 
                        integrity, with a focus on tank cars that carry 
                        toxic-inhalation chemicals; and
                            (iii) techniques to transfer hazardous 
                        materials from rail cars that are damaged or 
                        otherwise represent an unreasonable risk to 
                        human life or public safety.
            (2) Coordination with other research initiatives.--The 
        Under Secretary of Homeland Security for Border and 
        Transportation Security shall ensure that the research and 
        development program authorized by this subsection is 
        coordinated with other research and development initiatives at 
        the Department of Homeland Security and the Department of 
        Transportation.
            (3) Accountability.--The Under Secretary of Homeland 
        Security for Border and Transportation Security shall carry out 
        any research and development project authorized by this 
        subsection through a reimbursable agreement with the Secretary 
        of Transportation if the Secretary of Transportation--
                    (A) is already sponsoring a research and 
                development project in a similar area; or
                    (B) has a unique facility or capability that would 
                be useful in carrying out the project.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Under Secretary of Homeland Security 
        for Border and Transportation Security $50,000,000 for each of 
        fiscal years 2005 and 2006 to carry out the purposes of this 
        subsection. Amounts appropriated pursuant to this paragraph 
        shall remain available until expended.

SEC. 12. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL 
              PASSENGER ACCIDENTS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date 
of the enactment of the Rail and Public Transit Security Act of 2004, 
Amtrak shall submit to the Chairman of the National Transportation 
Safety Board a plan for addressing the needs of the families of 
passengers involved in any rail passenger accident involving an Amtrak 
intercity train and resulting in a loss of life.
    ``(b) Contents of Plans.--The plan to be submitted by Amtrak under 
subsection (a) shall include, at a minimum, the following:
            ``(1) A process by which Amtrak will maintain and provide 
        to the National Transportation Safety Board, immediately upon 
        request, a list (which is based on the best available 
        information at the time of the request) of the names of the 
        passengers aboard the train (whether or not such names have 
        been verified), and will periodically update the list. The plan 
        shall include a procedure, with respect to unreserved trains 
        and passengers not holding reservations on other trains, for 
        Amtrak to use reasonable efforts to ascertain the number and 
        names of passengers aboard a train involved in an accident.
            ``(2) A plan for creating and publicizing a reliable, toll-
        free telephone number within 4 hours after such an accident 
        occurs, and for providing staff, to handle calls from the 
        families of the passengers.
            ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.
            ``(4) A process for providing the notice described in 
        paragraph (3) to the family of a passenger as soon as Amtrak 
        has verified that the passenger was aboard the train (whether 
        or not the names of all of the passengers have been verified).
            ``(5) A process by which the family of each passenger will 
        be consulted about the disposition of all remains and personal 
        effects of the passenger within Amtrak's control; that any 
        possession of the passenger within Amtrak's control will be 
        returned to the family unless the possession is needed for the 
        accident investigation or any criminal investigation; and that 
        any unclaimed possession of a passenger within Amtrak's control 
        will be retained by the rail passenger carrier for at least 18 
        months.
            ``(6) A process by which the treatment of the families of 
        nonrevenue passengers will be the same as the treatment of the 
        families of revenue passengers.
            ``(7) An assurance that Amtrak will provide adequate 
        training to its employees and agents to meet the needs of 
        survivors and family members following an accident.
    ``(c) Use of Information.--The National Transportation Safety Board 
and Amtrak may not release to any person information on a list obtained 
under subsection (b)(1) but may provide information on the list about a 
passenger to the family of the passenger to the extent that the Board 
or Amtrak considers appropriate.
    ``(d) Limitation on Liability.--Amtrak shall not be liable for 
damages in any action brought in a Federal or State court arising out 
of the performance of Amtrak in preparing or providing a passenger 
list, or in providing information concerning a train reservation, 
pursuant to a plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak's conduct.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that Amtrak may take, 
or the obligations that Amtrak may have, in providing assistance to the 
families of passengers involved in a rail passenger accident.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for the use of Amtrak 
$500,000 for fiscal year 2005 to carry out this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 243 of 
title 49, United States Code, is amended by adding at the end the 
following:

``24316. Plans to address needs of families of passengers involved in 
                            rail passenger accidents.''.

SEC. 13. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

    (a) In General.--Subject to subsection (c), the Under Secretary of 
Homeland Security for Border and Transportation Security is authorized 
to make grants, through the Secretary of Transportation, to Amtrak--
            (1) to secure major tunnel access points and ensure tunnel 
        integrity in New York, Baltimore, and Washington, District of 
        Columbia;
            (2) to secure Amtrak trains;
            (3) to secure Amtrak stations;
            (4) to obtain a watch list identification system approved 
        by the Under Secretary;
            (5) to obtain train tracking and communications systems 
        that are coordinated to the maximum extent possible;
            (6) to hire additional police and security officers, 
        including canine units; and
            (7) to expand emergency preparedness efforts.
    (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 Under Secretary, in 
consultation with the Secretary of Transportation, and meet the 
requirements of section 8(e)(2).
    (c) Equitable Geographic Allocation.--The Secretary shall ensure 
that, subject to meeting the highest security needs on Amtrak's entire 
system, stations and facilities located outside of the Northeast 
Corridor receive an equitable share of the security funds authorized by 
this section.
    (d) Availability of Funds.--There are authorized to be appropriated 
to the Under Secretary of Homeland Security for Border and 
Transportation Security $62,500,000 for fiscal year 2005 for the 
purposes of carrying out this section. Amounts appropriated pursuant to 
this subsection shall remain available until expended.

SEC. 14. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Under Secretary of Homeland 
Security for Border and Transportation Security is authorized to make 
grants to freight railroads, the Alaska Railroad, hazardous materials 
shippers, owners of rail cars used in the transportation of hazardous 
materials, and, through the Secretary of Transportation, to Amtrak, for 
full or partial reimbursement of costs incurred in the conduct of 
activities to prevent or respond to acts of terrorism, sabotage, or 
other intercity passenger rail and freight rail security threats, 
including--
            (1) security and redundancy for critical communications, 
        computer, and train control systems essential for secure rail 
        operations;
            (2) accommodation of cargo or passenger screening equipment 
        at the United States-Mexico border or the United States-Canada 
        border;
            (3) the security of hazardous material transportation by 
        rail;
            (4) secure intercity passenger rail stations, trains, and 
        infrastructure;
            (5) structural modification or replacement of pressurized 
        tank cars to improve their resistance to acts of terrorism;
            (6) employee security awareness, preparedness, passenger 
        evacuation, and emergency response training;
            (7) public security awareness campaigns for passenger train 
        operations; and
            (8) other improvements recommended by the report required 
        by section 3, including infrastructure, facilities, and 
        equipment upgrades.
    (b) Accountability.--The Under Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under this 
section are expended in accordance with the purposes of this Act and 
the priorities and other criteria developed by the Under Secretary.
    (c) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak under subsection (a) unless Amtrak meets the conditions 
set forth in section 11(a)(2) of this Act.
    (d) Tank Car Replacement Incentive.--A grant under subsection 
(a)(5) may be for up to 15 percent of the cost of the modification or 
replacement of a pressurized tank car.
    (e) Allocation Between Railroads and Others.--Unless as a result of 
the assessment required by section 3 the Under Secretary of Homeland 
Security for Border and Transportation Security determines that 
critical rail transportation security needs require reimbursement in 
greater amounts to any eligible entity, no grants under this section 
may be made--
            (1) in excess of $65,000,000 to Amtrak; or
            (2) in excess of $100,000,000 for the purposes described in 
        paragraphs (3) and (4) of subsection (a).
    (f) Procedures for Grant Award.--The Under Secretary shall 
prescribe procedures and schedules for the awarding of grants under 
this section, including application and qualification procedures 
(including a requirement that the applicant have a security plan), and 
a record of decision on applicant eligibility. The procedures shall 
include the execution of a grant agreement between the grant recipient 
and the Under Secretary. The Under Secretary shall issue a final rule 
establishing the procedures not later than 90 days after the date of 
enactment of this Act.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Homeland Security for Border and 
Transportation Security $250,000,000 for fiscal year 2005 to carry out 
the purposes of this section. Amounts appropriated pursuant to this 
subsection shall remain available until expended.

SEC. 15. DEPARTMENT OF TRANSPORTATION OVERSIGHT.

    (a) Secretarial Oversight.--The Secretary of Transportation may use 
up to 0.5 percent of amounts appropriated for Amtrak for capital 
projects under this Act to enter into contracts for the review of 
proposed capital projects and related program management plans and to 
oversee construction of such projects.
    (b) Use of Funds.--The Secretary may use amounts available under 
subsection (a) of this subsection to make contracts for safety, 
procurement, management, and financial compliance reviews and audits of 
a recipient of amounts under subsection (a).

SEC. 16. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

    (a) Track Standards.--Within 90 days after the date of enactment of 
this Act, the Federal Railroad Administration shall--
            (1) require each railroad using continuous welded rail 
        track to include procedures (in its program filed with the 
        Administration) that improve the identification of cracks in 
        rail joint bars;
            (2) instruct Administration track inspectors to obtain 
        copies of the most recent continuous welded rail programs of 
        each railroad within the inspectors' areas of responsibility 
        and require that inspectors use those programs when conducting 
        track inspections; and
            (3) establish a program to periodically review continuous 
        welded rail joint bar inspection data from railroads and 
        Administration track inspectors and, whenever the 
        Administration determines that it is necessary or appropriate, 
        require railroads to increase the frequency or improve the 
        methods of inspection of joint bars in continuous welded rail.
    (b) Tank Car Standards.--The Federal Railroad Administration 
shall--
            (1) within 1 year after the date of enactment of this Act, 
        validate the predictive model it is developing to quantify the 
        maximum dynamic forces acting on railroad tank cars under 
        accident conditions; and
            (2) within 18 months after the date of enactment of this 
        Act, initiate a rulemaking to develop and implement appropriate 
        design standards for pressurized tank cars.
    (c) Older Tank Car Impact Resistance Analysis and Report.--Within 2 
years after the date of enactment of this Act, the Federal Railroad 
Administration, in coordination with the National Transportation Safety 
Board, shall--
            (1) conduct a comprehensive analysis to determine the 
        impact resistance of the steels in the shells of pressure tank 
        cars constructed before 1989; and
            (2) transmit a report to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate with recommendations for measures to eliminate or 
        mitigate the risk of catastrophic failure.

SEC. 17. NORTHERN BORDER RAIL PASSENGER REPORT.

    Within 180 days after the date of enactment of this Act, the Under 
Secretary of Homeland Security for Border and Transportation Security, 
in consultation with the heads of other appropriate Federal departments 
and agencies and Amtrak, shall transmit a report to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate 
that contains--
            (1) a description of the current system for screening 
        passengers and baggage on passenger rail service between the 
        United States and Canada;
            (2) an assessment of the current program to provide 
        preclearance of airline passengers between the United States 
        and Canada as outlined in ``The Agreement on Air Transport 
        Preclearance between the Government of Canada and the 
        Government of the United States of America'', dated January 18, 
        2001;
            (3) an assessment of the current program to provide 
        preclearance of freight railroad traffic between the United 
        States and Canada as outlined in the ``Declaration of Principle 
        for the Improved Security of Rail Shipments by Canadian 
        National Railway and Canadian Pacific Railway from Canada to 
        the United States'', dated April 2, 2003;
            (4) information on progress by the Department of Homeland 
        Security and other Federal agencies towards finalizing a 
        bilateral protocol with Canada that would provide for 
        preclearance of passengers on trains operating between the 
        United States and Canada;
            (5) a description of legislative, regulatory, budgetary, or 
        policy barriers within the United States Government to 
        providing prescreened passenger lists for rail passengers 
        travelling between the United States and Canada to the 
        Department of Homeland Security;
            (6) a description of the position of the Government of 
        Canada and relevant Canadian agencies with respect to 
        preclearance of such passengers; and
            (7) a draft of any changes in existing Federal law 
        necessary to provide for prescreening of such passengers and 
        providing prescreened passenger lists to the Department of 
        Homeland Security.

SEC. 18. MASS TRANSPORTATION SYSTEM SECURITY IMPROVEMENTS.

    (a) Grant Programs.--The Under Secretary of Homeland Security for 
Border and Transportation Security may make operating grants under 
subsection (e) and capital grants under subsection (f).
    (b) Consistency With Assessment.--The Under Secretary shall require 
that all operating grants made under subsection (e) and capital grants 
made under subsection (f) shall be consistent with the most recent 
findings and recommendations of the Federal Transit Administration 
criticality and vulnerability assessments.
    (c) Procedures for Grant Awards.--
            (1) In general.--The Under Secretary shall establish 
        procedures, schedules, and requirements for making grants under 
        this section, including application and qualification 
        procedures.
            (2) Agreements.--Except as provided in subsection 
        (f)(3)(D), the procedures shall include the execution of a 
        grant agreement between the grant recipient and the Under 
        Secretary.
            (3) Final rule.--The Under Secretary shall issue a final 
        rule establishing the procedures not later than 90 days after 
        the date of enactment of this Act.
    (d) Accountability.--The Under Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under this 
section are expended in accordance with the purposes of this section 
and the priorities and other criteria developed by the Under Secretary.
    (e) Security Improvement Operating Grants.--
            (1) In general.--The Under Secretary may make operating 
        grants to eligible transit agencies to prevent or respond to 
        threats or acts of terrorism, including--
                    (A) sabotage, hijackings, and hostage situations;
                    (B) seizure and control of communications, signal, 
                power and systems control infrastructure;
                    (C) chemical, biological, radiological, nuclear, or 
                explosive device attacks; or
                    (D) other security threats.
            (2) Prevention and response.--Prevention and response 
        measures referred to in paragraph (1) may include--
                    (A) increased transit police and security 
                personnel, deployment expenses including overtime, 
                training, K-9 units, and helicopter patrols;
                    (B) inter-operable communications systems between 
                and within transit agencies, local governmental 
                agencies, state governmental agencies, and other 
                transit systems and railroads;
                    (C) operational redundancy and increased protection 
                for critical communications, computer, and train 
                control systems, assets and infrastructure essential 
                for public transit operations;
                    (D) increased security for light rail, heavy rail 
                and bus stations, rights of way, maintenance and 
                storage facilities, trains, grade crossings, critical 
                locations, and other assets and infrastructure;
                    (E) increased employee security preparedness 
                through training on observing and reporting suspicious 
                activities and objects, passenger evacuation, and 
                emergency response procedures;
                    (F) public security awareness campaigns for public 
                transit passengers; and
                    (G) other improvements indicated by current best 
                practices and technological innovations, risk response, 
                needs, capabilities and system security assessments.
            (3) Authorization of appropriations and apportionments.--
                    (A) In general.--There are authorized to be 
                appropriated to the Secretary of Homeland Security, for 
                use by the Under Secretary, to carry out of this 
                subsection $800,000,000 for each of fiscal years 2005 
                through 2009.
                    (B) Apportionment.--Except as provided in 
                subparagraph (C), of the funds made available under 
                subparagraph (A)--
                            (i) 80 percent shall be apportioned to each 
                        eligible transit agency (as defined in 
                        subsection (g)(1)) in an amount equal to the 
                        total apportioned under this subsection for a 
                        fiscal year multiplied by the ratio equal to 
                        the annual passenger miles of the eligible 
                        transit agency divided by the total passenger 
                        miles of all eligible transit agencies; and
                            (ii) 20 percent shall be apportioned to 
                        each eligible transit agency in an amount equal 
                        to the total apportioned under this subsection 
                        for a fiscal year multiplied by the ratio equal 
                        to the annual fixed guideway miles of the 
                        eligible transit agency divided by the total 
                        passenger fixed guideway miles of all eligible 
                        transit agencies.
                    (C) Limitation.--No eligible transit agency may 
                receive more than 10 percent of the current fiscal 
                year's appropriation in a fiscal year, excluding high 
                priority projects described in subsection (f) or, at 
                the discretion of the Under Secretary, if an elevated 
                threat (red) level requires extreme deployment of 
                personnel or equipment.
    (f) Security Improvement Capital Grants.--
            (1) In general.--The Under Secretary may make capital 
        grants to eigible transit agencies to prevent or respond to 
        threats or acts of terrorism, including--
                    (A) sabotage, hijackings, and hostage situations;
                    (B) seizure and control of communications, signal, 
                power and systems control infrastructure;
                    (C) chemical, biological, radiological, nuclear or 
                explosive device attacks; or
                    (D) other security threats.
            (2) Prevention and response.--Prevention and response 
        measures referred to in paragraph (1) may include--
                    (A) operational redundancy and increased protection 
                for critical communications, computer, and train 
                control systems assets and other infrastructure 
                essential for public transit operations;
                    (B) security surveillance equipment for trains, 
                light rail, buses, stations, tunnels, bridges, control 
                centers, maintenance and storage facilities, grade 
                crossings, and other critical locations and 
                infrastructure;
                    (C) train, light rail, and bus tracking Global 
                Positioning System;
                    (D) protection and detection equipment for 
                biological, chemical, radiological, nuclear, and 
                explosive device threats;
                    (E) modifications to stations, depots, trains, 
                rights of way, maintenance and storage facilities, 
                light rail, buses, and other assets and infrastructure 
                to increase security prevention measures and improve 
                emergency response efforts; and
                    (F) other improvements indicated by current best 
                practices and technological innovation, risk response, 
                needs capabilities and system security assessments.
            (3) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated to the Secretary of Homeland Security, for 
                use by the Under Secretary, to carry out this 
                subsection $1,040,000,000 for each of fiscal years 2005 
                through 2009.
                    (B) Set aside for critical high risk locations.--Of 
                the funds made available under subparagraph (A), the 
                Under Secretary shall make available to eligible 
                transit agencies not more than 20 percent of that 
                fiscal year's appropriation for high priority 
                discretionary grants (determined by the Under Secretary 
                of Homeland Defense in consultation with the 
                Administrator of the Federal Transit Administration) 
                based on a threat-based risk management analysis in 
                which assessment for criticality, threat, 
                vulnerability, impact and risk are considered.
                    (C) Requirements.--The Under Secretary shall make a 
                grant under subparagraph (B) only if there is a 
                specific, recognized, or identified threat to an area 
                that--
                            (i) has been targeted,
                            (ii) has the potential to be targeted, or
                            (iii) is in the national interest.
                    (D) Awards.--An eligible transit agency may apply 
                for a grant under subparagraph (B) for a specific 
                project or the Secretary may make an award, without an 
                application being submitted, based on the national 
                interest.
                    (E) Apportionment.--Except as provided in 
                subparagraph (F), of the funds that remain after the 
                set aside under subparagraph (B)--
                            (i) 80 percent shall be apportioned to each 
                        eligible transit agency in an amount equal to 
                        the total apportioned under this subsection for 
                        a fiscal year multiplied by the ratio equal to 
                        the annual passenger miles of the eligible 
                        transit agency divided by the total passenger 
                        miles of all eligible transit agencies; and
                            (ii) 20 percent shall be apportioned to 
                        each eligible transit agency in an amount equal 
                        to the total apportioned under this subsection 
                        for a fiscal year multiplied by the ratio equal 
                        to the annual fixed guideway miles of the 
                        eligible transit agency divided by the total 
                        passenger fixed guideway miles of all eligible 
                        transit agencies.
                    (F) Limitation.--No eligible transit agency may 
                receive more than 10 percent of the amount made 
                available under subparagraph (A) in a fiscal year, 
                excluding high priority projects described in 
                subparagraph (B) or, at the discretion of the Under 
                Secretary, if an elevated threat (red) level requires 
                extreme deployment of personnel or equipment.
    (g) Definitions.--For purposes of this section the following 
definitions shall apply:
            (1) Eligible transit agency.--The term ``eligible transit 
        agency'' means a designated recipient of public transit 
        assistance as defined under section 5307(a)(2) of title 49, 
        United States Code, serving an urbanized area.
            (2) Mass transportation.--The term ``public transit'' has 
        the same meaning as such term has in section 5302(a) of title 
        49, United States Code.
            (3) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Homeland Security for Border and 
        Transportation Security.
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