[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2216 Introduced in Senate (IS)]


108th CONGRESS
  2d Session
                                S. 2216

           To provide increased rail transportation security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2004

 Mr. Hollings (for himself, Ms. Snowe, Mr. Lautenberg, Mr. Carper, Mr. 
Biden, Mrs. Boxer, Mr. Schumer, Mr. Kennedy, and Mr. Breaux) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
           To provide increased rail 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.

    This Act may be cited as the ``Rail Transportation Security Act''.

SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Assessment.--The Secretary of Homeland Security, in 
        consultation with the Secretary of Transportation, shall assess 
        the security risks associated with freight and intercity 
        passenger rail transportation and develop prioritized 
        recommendations for--
                    (A) improving the security of rail infrastructure 
                and facilities, terminals, tunnels, rail bridges, rail 
                switching areas, and other areas identified by the 
                Secretary as posing significant rail-related risks to 
                public safety and the movement of interstate commerce, 
                taking into account the impact that any proposed 
                security measure might have on the provision of rail 
                service;
                    (B) deploying chemical and biological weapon 
                detection equipment;
                    (C) training employees in terrorism response 
                activities; and
                    (D) identifying the immediate and long-term 
                economic impact of measures that may be required to 
                address those risks.
            (2) Existing private and public sector efforts.--The 
        assessment shall include a review of any actions already taken 
        or prospective actions necessary to address identified security 
        issues by both public and private entities.
    (b) Consultation; Use of Existing Resources.--In carrying out the 
assessment required by subsection (a), the Secretary shall consult with 
rail management, rail labor, facility owners and operators, and public 
safety officials (including officials responsible for responding to 
emergencies).
    (c) Report.--
            (1) Contents.--Within 180 days after the date of enactment 
        of this Act, the Secretary shall transmit to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure a report, without compromising national 
        security, containing the assessment and prioritized 
        recommendations required by subsection (a).
            (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 $515,000,000 for fiscal year 2005 to 
carry out this section, implement the measures contained in the 
Secretary's prioritized recommendations, and award grants for purposes 
identified in the assessment in subsection (a), such sums to remain 
available until expended.

SEC. 3. RAIL SECURITY.

    (a) Rail Police Officers.--Section 28101 is amended by striking 
``the rail carrier'' each place it appears and inserting ``any rail 
carrier''.
    (b) Review of Rail Regulations.--Within 180 days after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Department of Homeland 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 safety and security.

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

    (a) Requirement for Study.--Not later than December 1, 2004, the 
Comptroller General shall carry out 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 Congress. 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. PASSENGER, BAGGAGE, AND CARGO SCREENING.

    (a) Requirement for Study and Report.--The Secretary of Homeland 
Security shall--
            (1) study the cost and feasibility of requiring security 
        screening for all passengers, baggage, and mail, express, and 
        other cargo on Amtrak trains; and
            (2) report the results of the study, together with any 
        recommendations that the Secretary 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 one year after the date of enactment of this 
        Act.
    (b) Pilot Program.--As part of the study under subsection (a), the 
Secretary shall conduct a pilot program of random security screening of 
passengers and baggage at 5 of the 10 busiest passenger rail stations 
served by Amtrak (measured by the average number of boardings of Amtrak 
passenger trains) and at up to five additional rail stations served by 
Amtrak that are selected by the Secretary. In selecting the additional 
train stations the Secretary shall attempt to achieve a distribution of 
participating stations in terms of geographic location and size.

SEC. 6. 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 title.

SEC. 7. LIFE SAFETY AND INFRASTRUCTURE.

    (a) Life Safety Needs.--There are authorized to be appropriated to 
the Secretary of Transportation for the use of Amtrak for fiscal year 
2005:
            (1) $677,000,000 for the 6 New York tunnels built in 1910 
        to provide ventilation, electrical, and fire safety technology 
        upgrades, emergency communication and lighting systems, and 
        emergency access and egress for passengers.
            (2) $57,000,000 for the Baltimore & Potomac tunnel built in 
        1872 to provide adequate drainage, ventilation, communication, 
        lighting, and passenger egress upgrades.
            (3) $40,000,000 for the Washington, D.C. Union Station 
        tunnels built in 1904 under the Supreme Court and House and 
        Senate Office Buildings to improve ventilation, communication, 
        lighting, and passenger egress upgrades.
    (b) Infrastructure Upgrades.--There are authorized to be 
appropriated to the Secretary of Transportation for the use of Amtrak 
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, such funds to remain available until 
expended.
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