[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4106 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4106

 To provide for the security and safety of rail transportation systems 
             in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2005

    Mr. Castle (for himself, Mr. Platts, Mr. Bachus, Mr. Weldon of 
Pennsylvania, Mr. Kirk, and Mr. Fitzpatrick of Pennsylvania) introduced 
  the following bill; which was referred to the Committee on Homeland 
                                Security

_______________________________________________________________________

                                 A BILL


 
 To provide for the security and safety of rail transportation systems 
             in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Railroad Security 
and Public Awareness Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Rail worker security training program.
Sec. 3. Public awareness.
Sec. 4. Railroad security upgrades.

SEC. 2. RAIL WORKER SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Homeland Security, 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) All employee training provisions included in the 
        Transportation Security Directive (SD RAILPAX-04-01 and SD 
        RAILRAX-04-02) issued under the authority of section 114 of 
        title 49, United States Code, by the Transportation Security 
        Administration on May 20, 2004.
            (9) Any other areas that the Secretary deems 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.
    (f) Security Training Program Grants.--The Secretary of Homeland 
Security is authorized to make grants to railroads (including 
intercity, heavy, and light rail), 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 implement the program 
detailed in subsection (a).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security $100,000,000 for 
fiscal year 2007 to carry out the purposes of this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.
    (h) Definition.--For purposes of this section, the term ``front-
line workers'' means heavy and light rail employees who have daily 
access to the operations infrastructure and passengers of their rail 
systems.

SEC. 3. PUBLIC AWARENESS.

    Not later than 90 days after the date of enactment of this Act, 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 Homeland Security shall 
implement the plan developed under this section.

SEC. 4. RAILROAD SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Secretary of Homeland 
Security is authorized to make grants to railroads (including intercity 
passenger and heavy and light rail), 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) technologies for reduction of tank car vulnerability;
            (2) demonstration of bridge and tunnel inspection 
        technologies
            (3) 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;
            (4) the security of hazardous material transportation by 
        railroad;
            (5) secure passenger railroad stations, trains, and 
        infrastructure;
            (6) public security awareness campaigns for passenger train 
        operations;
            (7) the sharing of intelligence and information about 
        railroad security threats;
            (8) train tracking and interoperable communications systems 
        that are coordinated to the maximum extent possible;
            (9) additional police and security officers, including 
        canine units; and
            (10) all provisions included in the Transportation Security 
        Directives (SD RAILPAX-04-01 and SD RAILPAX-04-02) issued under 
        the authority of section 114 of title 49, United States Code, 
        by the Transportation Security Administration on May 20, 2004.
    (b) Risk Assessments.--Grants shall be awarded under section on the 
basis of the results of risk assessments--
            (1) conducted by the Secretary of Homeland Security; or
            (2) conducted by rail operators or owners, and reviewed and 
        determined sufficient by the Secretary of Homeland Security.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security $400,000,000 for 
fiscal year 2007 to carry out the purposes of this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.

SEC. 5. TIMELINES FOR RISK ASSESSMENT AND AGENCY COOPERATION.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security, shall--
            (1) develop a plan and timeline for completing the 
        Department's framework for analyzing sector risks, including 
        risks to the United States rail system;
            (2) evaluate whether the risk assessment methodology used 
        by the Office for Domestic Preparedness should be leveraged to 
        facilitate the completion of risk assessments for rail and 
        other transportation modes; and
            (3) set timelines for completing the memorandum of 
        understanding modal agreements for rail, mass transit, and 
        research and development, which both the Department of Homeland 
        Security and the Department of Transportation have agreed to 
        pursue.

SEC. 6. SECURITY STANDARDS AND INSPECTIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall develop and issue, in coordination 
with the Secretary of Transportation and rail operators and owners--
            (1) rail security standards outlining actions for securing 
        rail systems that reflect industry best practices; and
            (2) a plan identifying how Transportation Security 
        Administration rail inspectors will be used to measure, 
        monitor, and enforce the security standards issued under 
        paragraph (1) and, if appropriate, recommendations for how rail 
        asset owners should be required to enforce such standards.

SEC. 7. STUDY OF FOREIGN RAIL SECURITY PRACTICES.

    The Secretary of Homeland Security shall--
            (1) study select foreign rail security practices, and the 
        cost and feasibility of implementing selected best practices 
        that are not currently used in the United States, including--
                    (A) implementing covert testing processes to 
                evaluate the effectiveness of rail system security 
                personnel;
                    (B) implementing practices used by foreign rail 
                operators that integrate security into infrastructure 
                design;
                    (C) implementing random searches or screening of 
                passengers and their baggage; and
                    (D) establishing and maintaining an information 
                clearinghouse on existing and emergency security 
                technologies and security best practices used in the 
                passenger rail industry both in the United States and 
                abroad; and
            (2) report the results of the study, together with any 
        recommendations that the Secretary may have for implementing 
        covert testing, practices for integrating security in 
        infrastructure design, random searches or screenings, and an 
        information clearinghouse to the Committee on Homeland Security 
        and Governmental Affairs of the Senate, the Committee on 
        Homeland Security of the House of Representatives, 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.
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