109th CONGRESS
1st Session
H. R. 1109
To provide for the security and safety of rail and rail transit transportation
systems, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 3, 2005
Mr. LYNCH (for himself, Mrs. MALONEY, Mrs. MCCARTHY, Mr. OWENS, Mr. TIERNEY,
Mr. MCDERMOTT, Mr. MCGOVERN, and Ms. LEE) introduced the following bill; which
was referred to the Committee on Homeland Security, and in addition to the
Committee on Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To provide for the security and safety of rail and rail transit transportation
systems, 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 `Rail Transit Security and Safety
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 transportation security risk assessment.
Sec. 3. Federal Rail Security Managers.
Sec. 4. Study of foreign rail transport security programs.
Sec. 5. Fire and life-safety improvements.
Sec. 6. Security assistance grants.
Sec. 7. Rail security research and development.
Sec. 8. Whistleblower protections for rail employees.
Sec. 9. Authorization of appropriations.
SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(1) VULNERABILITY ASSESSMENT- The Under Secretary for Border and Transportation
Security of the Department of Homeland 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 for Border and Transportation Security of the Department
of Homeland 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.
(1) CONTENTS- Within 90 days after the date of enactment of this Act, the
Under Secretary shall transmit to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on Transportation
and Infrastructure 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) Allocations- The assessment required by subsection (a) shall be used as
the basis for allocating grant funds under section 6, unless the Secretary
of Homeland Security determines that an adjustment is necessary to respond
to an urgent threat or other significant factors.
(e) 2-Year Updates- The Under Secretary, in consultation with the Secretary
of Transportation, 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.
(f) Authorization of Appropriations- There are authorized to be appropriated
to the Under Secretary for Border and Transportation Security of the Department
of Homeland Security $5,000,000 for fiscal year 2006 for the purpose of carrying
out this section.
SEC. 3. FEDERAL RAIL SECURITY MANAGERS.
(a) Establishment, Designation, and Stationing- The Under Secretary for Border
and Transportation Security of the Department of Homeland Security shall establish
the position of Federal Rail Security Manager within each of at least 8 regional
areas, as divided on a geographical basis. The Under Secretary shall designate
individuals as Managers for, and station those Managers within, those regions.
(b) Duties and Powers- The Manager within each region shall--
(1) receive intelligence information related to rail and mass transit security;
(2) ensure, and assist in, the implementation of a comprehensive rail security
plan for the region described in section 2(a)(4);
(3) serve as the regional coordinator of the Under Secretary's response
to terrorist incidents and threats to rail and rail assets within the region;
(4) coordinate efforts related to rail security with State and local law
enforcement; and
(5) coordinate with other Managers.
SEC. 4. 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 this 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
this study to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation and Infrastructure.
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.
(d) Authorization of Appropriations- There are authorized to be appropriated
$1,000,000 for fiscal year 2006 to carry out the provisions of this section,
which shall remain available until expended.
SEC. 5. 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,
Washington, District of Columbia, and Boston, Massachusetts.
(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 2006;
(B) $100,000,000 for fiscal year 2007;
(C) $100,000,000 for fiscal year 2008;
(D) $100,000,000 for fiscal year 2009; and
(E) $100,000,000 for fiscal year 2010.
(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 2006;
(B) $10,000,000 for fiscal year 2007;
(C) $10,000,000 for fiscal year 2008;
(D) $10,000,000 for fiscal year 2009; and
(E) $17,000,000 for fiscal year 2010.
(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 2006;
(B) $8,000,000 for fiscal year 2007;
(C) $8,000,000 for fiscal year 2008;
(D) $8,000,000 for fiscal year 2009; and
(E) $8,000,000 for fiscal year 2010.
(4) For the Boston, Massachusetts, Back Bay tunnels to improve ventilation,
communication, lighting, and passenger egress upgrades--
(A) $8,000,000 for fiscal year 2006;
(B) $8,000,000 for fiscal year 2007;
(C) $8,000,000 for fiscal year 2008;
(D) $8,000,000 for fiscal year 2009; and
(E) $8,000,000 for fiscal year 2010.
(c) Infrastructure Upgrades- There are authorized to be appropriated to the
Secretary of Transportation for fiscal year 2006 $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 status reports, and such other matter the Secretary deems appropriate;
(f) Financial Contribution From Other Tunnel Users- The Secretary shall, taking
into account the need for timely completion of all life-safety portions of
the tunnel projects described in subsection (a)--
(1) consider the extent to which rail carriers other than Amtrak use the
tunnels;
(2) consider the feasibility of seeking a financial contribution from those
other rail carriers toward the costs of the projects; and
(3) seek financial contributions or commitments from such other rail carriers
at levels reflecting the extent of their use of the tunnels.
SEC. 6. SECURITY ASSISTANCE GRANTS.
(a) Capital Assistance Program-
(1) IN GENERAL- The Secretary of Homeland Security shall award grants directly
to public transportation agencies for allowable capital security improvements
based on the recommendations established under section 2(a)(3).
(2) ALLOWABLE USE OF FUNDS- Grants awarded under paragraph (1) may be used
for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or explosive detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator type system equipment;
(J) evacuation improvements; and
(K) other capital safety improvements.
(b) Operational Security Assistance Program-
(1) IN GENERAL- The Secretary of Homeland Security shall award grants directly
to public transportation agencies for allowable operational security improvements
based on the recommendations established under section 2(a)(3).
(2) ALLOWABLE USE OF FUNDS- Grants awarded under paragraph (1) may be used
for--
(A) security training for transit employees, including rail operators,
mechanics, customer service, maintenance employees, transit police, and
security personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public transit security;
(D) canine patrols for chemical, biological, or explosives detection;
(E) overtime reimbursement for enhanced security personnel during significant
national and international public events; and
(F) other appropriate security improvements.
(c) Congressional Notification- Not later than 3 days before any grant is
awarded under this section, the Secretary of Homeland Security shall notify
the Committee on Transportation and Infrastructure of the House of Representatives
of the intent to award such grant.
(d) Procedures for Grant Award- The Secretary shall prescribe procedures and
schedules for the awarding of grants under this section, including application
and qualification procedures, and a record of decision on applicant eligibility.
The procedures shall include the execution of a grant agreement between the
grant recipient and the Secretary. The Secretary shall issue a final rule
establishing the procedures not later than 90 days after the date of enactment
of this Act.
(e) Transit Agency Responsibilities- Each public transportation agency that
receives a grant under this section shall--
(1) identify a security coordinator to coordinate security improvements;
(2) develop a comprehensive plan that demonstrates the agency's capacity
for operating and maintaining the equipment purchased under this subsection;
(3) develop a comprehensive training plan that demonstrates the agency's
capacity to train all employees in emergency response and security awareness;
and
(4) report annually to the Department of Homeland Security on the use of
grant funds received under this section.
(f) 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 section for a purpose other than allowable uses specified for that grant
under this section, the grantee shall return any amount so used to the Treasury
of the United States.
SEC. 7. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program- The Under Secretary
for Border and Transportation Security of the Department of Homeland 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--
(1) reduce the vulnerability of passenger trains, stations, infrastructure,
and equipment to explosives;
(2) test new emergency response techniques and technologies;
(3) research chemical, biological, radiological, or explosive detection
systems;
(4) research imaging technologies;
(5) research technologies for sealing rail cars; and
(6) support enhanced security for transportation of hazardous materials
by rail, including--
(A) technologies to detect a breach in a tank car and transit 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 toxic-inhalation chemicals; 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.
(b) Research and Development Grants- The Under Secretary, 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 or mitigate damages resulting
from terrorist attacks against public transportation systems, as described
in subsection (a).
SEC. 8. WHISTLEBLOWER PROTECTIONS FOR RAIL EMPLOYEES.
(a) In General- No company involved in rail transportation (encompassing railroad
carriers, as that term is defined in section 20102(2) of title 49, United
States Code) or any officer, employee, contractor, subcontractor, or agent
of such company, may discharge, demote, suspend, threaten, harass, hold liable,
or discriminate in any way against an employee because of any lawful act done
by the employee--
(1) to provide information, to cause information to be provided, or otherwise
assist in any investigation or proceeding regarding conduct that the employee
believes reasonably contravenes the purposes, functions, or responsibilities
of this Act, when that information or assistance is provided to or the investigation
is conducted by--
(A) a Federal or State regulatory or law enforcement agency;
(B) any Member of Congress or any committee of Congress; or
(C) a person with supervisory authority over the employee (or such other
person working for the employer who has the authority to investigate,
discover, or terminate misconduct); or
(2) to refuse to violate or assist in the violation of any rule, law, or
regulation related to rail security.
(1) IN GENERAL- A person who alleges discharge or other discrimination by
any person in violation of subsection (a) may seek relief under subsection
(c) by--
(A) filing a complaint with the Secretary of Labor; or
(B) if the Secretary of Labor has not issued a final decision within 180
days of the filing of the complaint and there is no showing that such
delay is due to bad faith of the claimant, bringing an action at law or
equity for de novo review in the appropriate district court of the United
States, which shall have jurisdiction over such action without regard
to the amount in controversy.
(A) IN GENERAL- An action brought under paragraph (1)(A) shall be governed
by the rules and procedures set forth in section 42121(b)(1) of title
49, United States Code.
(B) EXCEPTION- Notification made under section 42121(b)(1) of title 49,
United States Code, shall be made to the person named in the complaint
and to the employer.
(C) BURDENS OF PROOF- An action under paragraph (1)(B) shall be governed
by the legal burdens of proof set forth in section 42121(b) of title 49,
United States Code.
(D) STATUTE OF LIMITATIONS- An action brought under paragraph (1) shall
be commenced not later than 90 days after the date on which the violation
occurs.
(1) IN GENERAL- An employee prevailing in any action under subsection (b)(1)
shall be entitled to all relief necessary to make the employee whole.
(2) COMPENSATORY DAMAGES- Relief for any action under paragraph (1) shall
include--
(A) reinstatement with the same seniority status that the employee would
have had, but for the discrimination;
(B) the amount of back pay, with interest; and
(C) the compensation for any special damages sustained as a result of
the discrimination, including litigation costs, expert witness fees, and
reasonable attorney's fees.
(d) Rights Retained by Employee- Nothing in this section shall be deemed to
diminish the rights, privileges, or remedies of any employee under any Federal
or State law, or under any collective bargaining agreement.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program- There are authorized to be appropriated
$2,500,000,000 for fiscal year 2006 to carry out the provisions of section
6(a), which shall remain available until expended.
(b) Operational Security Assistance Program- There are authorized to be appropriated
to carry out the provisions of section 6(b)--
(1) $100,000,000 for fiscal year 2006;
(2) $750,000,000 for fiscal year 2007; and
(3) $500,000,000 for fiscal year 2008.
(c) Rail Security Research and Development- There are authorized to be appropriated
$50,000,000 for fiscal year 2006 to carry out the provisions of section 7(a),
and $50,000,000 for fiscal year 2006 to carry out the provisions of section
7(b), which shall remain available until expended.
END
