[Congressional Record Volume 147, Number 135 (Wednesday, October 10, 2001)]
[Senate]
[Pages S10461-S10462]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself and Mr. Smith of Oregon):
  S. 1528. a bill to improve the safety and security of rail 
transportation; to the Committee on Commerce, Science, and 
Transportation.
  Mr. McCAIN. Mr. President, today I am introducing the Rail Safety and 
Security Act. I am pleased to be joined in this effort by Senator 
Gordon Smith, the ranking Republican of the Commerce Committee's 
Surface Transportation and Merchant Marine Subcommittee.
  This legislation would authorize funding to improve rail passenger 
safety and security, while assuring accountability and oversight of all 
associated expenditures. It would also amend current law and allow for 
rail police officers to enforce laws on the properties of other 
railroads and would establish criminal sanctions for attacks against 
our Nation's rail system. And, it would also require a comprehensive 
assessment of the security risks surrounding rail transportation in 
order for the Congress to then take appropriate action based on the 
conclusions of the assessment. I believe this legislation is a much 
needed step in protecting our rail transportation system against 
security threats and vulnerabilities.
  During the past four weeks, we have been working in a bipartisan 
manner to address the nation's most pressing needs in the wake of the 
September 11 terrorist attacks. We have worked with the administration 
to provide necessary emergency funding to aid in the aftermath of the 
attacks in New York and at the Pentagon.
  Part of that effort has focused on the survival of the aviation 
industry, and rightly so. Our Nation, our citizens, and our economy 
cannot afford further deterioration of this critical segment of the 
transportation industry. It is equally important that we approve 
aviation security legislation and send it to the President.
  Transportation systems are the target of 40 percent of terrorist 
attacks worldwide. That is why it is necessary for the government to 
play a key role in assessing potential security threats in our Nation's 
transportation system. We must ensure that we have taken every 
precaution to safeguard critical infrastructure and that procedures are 
in place to protect people and property in the event of actual 
terrorist attacks. In that effort, the Senate Commerce Committee has 
been conducting a series of hearings to gain the information we need to 
help us evaluate potential security risks and determine how best to 
respond to those potential risks.
  In addition to aviation security legislation, the Commerce Committee 
has approved legislation to address security at our Nation's ports. I 
am hopeful the full Senate will have the opportunity to consider that 
bill in the near future.
  Given the hundreds of thousands of miles of rail track, highways, and 
pipelines, hundreds of ports and terminals throughout the U.S., and the 
ease of access to public transportation, it is impossible to fully 
secure our transportation system against all deliberate acts of 
destruction. Efforts to reduce vulnerability, however, are essential 
and each industry has a responsibility to assess and respond to 
identified problems. Federal, State, and local governments also play an 
important role in this effort.

[[Page S10462]]

  The legislation I am introducing today is designed to address the 
safety and security of our Nation's rail transportation network, both 
passenger and freight. Unlike other passenger rail funding proposals 
that have been suggested, this legislation would only fund legitimate 
safety and security initiatives. It would also assure the highest 
degree of accountability of all expenditures. I note my proposal would 
not provide a handout directly to Amtrak to fund long-planned capacity 
projects that it has been unable to accomplish. Therefore, some will 
likely object to my approach from the outset. But, I hope members 
interested in addressing legitimate rail safety and security concerns 
will join me in supporting this alternative approach.
  Last week, the Senate Commerce Committee held a hearing on Rail and 
Maritime security. We learned from that hearing that certain actions 
that can be taken immediately to address security vulnerabilities. 
Therefore, this legislation is designed to address the needs we 
currently know exist and, at the same time, provide for an assessment 
of rail security that would enable us to act on matters identified 
through a more comprehensive review than has yet occurred.
  First, the bill would authorize funding for security upgrades for 
rail transportation provided by Amtrak. However, the funding would be 
made available to Amtrak only after the Secretary establishes 
appropriate funding procedure safeguards and after approving a system 
wide security plan submitted by Amtrak.
  Second, the bill would authorize funding for the Tunnel Life Safety 
projects in New York, Baltimore, Maryland, and Washington, D.C. The DOT 
Inspector General has confirmed the need to bring existing systems up 
to par with modern safety standards, including the replacement of 
narrow, winding spiral staircases, the installation of modern 
ventilation fans, and the rehabilitation of benchwalls. The IG further 
has expressed concerns that an extended schedule of repairs as would 
occur without federal assistance places the public at prolonged and 
unnecessary risk.
  Based on the findings of the DOT-IG, this legislation includes 
provisions to fully fund these projects in order to reduce the risk to 
public safety. It would fund these projects, however, only after the 
Secretary approves engineering and financial plans submitted by Amtrak 
and conditions the release of funding by entering into proper funding 
procedures. In other words, the funding will not just be handed to 
Amtrak with no questions asked. It ensures proper federal oversight of 
the federal assistance.
  Furthermore, the legislation would direct the DOT Inspector General 
to review the obligation and expenditure of funds provided under this 
legislation to ensure that the funds are used solely for the purposes 
intended by Congress.
  Third, the bill would permit rail police officers to enforce laws on 
the properties of other railroads. Current law only permits officers to 
enforce laws on the properties of the rail carrier that employs the 
police officer. This provision would allow for flexibility and the 
sharing of enforcement resources among all rail carriers as may be 
necessary to address safety and security threats directed at a 
particular carrier.
  Fourth, this legislation includes provisions to address potential 
security threats to our nation's rail transportation system. While the 
vulnerabilities of air travel may be most prevalent in our memory, our 
rail system has been and continues to be vulnerable to security 
threats. Five years ago, Arizonans and citizens throughout the country 
were saddened to learn of an Amtrak derailment near Hyder, AZ, which 
claimed the life of one individual and injured seventy-eight others. 
Shortly after the accident, the sadness turned to shock as we learned 
that the derailment may have been caused by someone who intentionally 
sabotaged the track. The Arizona accident is not unique. There have 
been other examples of acts against railroads.
  Following that occurrence, the Senate passed legislation requested by 
the previous Administration addressing some of these vulnerabilities. 
Unfortunately, we failed to reach an agreement with the House during 
conference deliberations on the multi-year highway funding legislation. 
Therefore, I am including those provisions as part of this bill today. 
Now, more than ever, these provisions are essential.
  The legislation would establish criminal sanctions for violent 
attacks against railroads, railroad employees and railroad passengers 
similar to sanctions currently afforded for attacks against airlines, 
vessels on the high seas, motor carriers, and pipelines. I strongly 
believe the rail industry and its employees and customers deserve the 
same protections afforded the other methods.
  Finally, the legislation would direct the Secretary to assess the 
security risks associated with rail transportation and to develop 
recommendations for target hardening those areas identified as posing 
significant risk to public safety. As I previously mentioned, there has 
not yet been a comprehensive analysis of the security risks of the rail 
industry. This provision would direct that such an assessment be 
carried out and at the conclusion of the assessment, it would provide 
us with the information Congress needs in order to make future 
decisions on how to further address rail security matters.
  I believe this legislation is a credible proposal that could do a 
great deal to improve the safety and security of our rail network. I 
stand ready to work with my colleagues, the Administration, industry, 
and public safety advocates in an effort to address the safety and 
security of our nation's rail system.
  I urge my colleagues to support this measure.
                                 ______