[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 534 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 534
To provide for the security and safety of rail and rail transit
transportation systems, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 17, 2007
Mr. Lynch 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 2007''.
(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. 10. Rail worker emergency training.
SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(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.
(c) Report.--
(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 2008 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 2008 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 2008;
(B) $100,000,000 for fiscal year 2009;
(C) $100,000,000 for fiscal year 2010;
(D) $100,000,000 for fiscal year 2011; and
(E) $100,000,000 for fiscal year 2012.
(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 2008;
(B) $10,000,000 for fiscal year 2009;
(C) $10,000,000 for fiscal year 2010;
(D) $10,000,000 for fiscal year 2011; and
(E) $17,000,000 for fiscal year 2012.
(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 2008;
(B) $8,000,000 for fiscal year 2009;
(C) $8,000,000 for fiscal year 2010;
(D) $8,000,000 for fiscal year 2011; and
(E) $8,000,000 for fiscal year 2012.
(4) For the Boston, Massachusetts, Back Bay tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $8,000,000 for fiscal year 2008;
(B) $8,000,000 for fiscal year 2009;
(C) $8,000,000 for fiscal year 2010;
(D) $8,000,000 for fiscal year 2011; and
(E) $8,000,000 for fiscal year 2012.
(c) Infrastructure Upgrades.--There are authorized to be
appropriated to the Secretary of Transportation for fiscal year 2008
$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.
(b) Enforcement Action.--
(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.
(2) Procedure.--
(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.
(c) Remedies.--
(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 2008 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 2008;
(2) $750,000,000 for fiscal year 2009; and
(3) $500,000,000 for fiscal year 2010.
(c) Rail Security Research and Development.--There are authorized
to be appropriated $50,000,000 for fiscal year 2008 to carry out the
provisions of section 7(a), and $50,000,000 for fiscal year 2008 to
carry out the provisions of section 7(b), which shall remain available
until expended.
SEC. 10. RAIL WORKER EMERGENCY TRAINING.
(a) Rail Worker Emergency Training Grants.--
(1) Rail worker emergency training grants.--The Secretary
of Homeland Security, in coordination with the Secretary of
Transportation, is authorized to make grants to railroad
carriers for costs incurred in compliance with subsection (c).
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security
$100,000,000 to carry out the purposes of this section. Amounts
appropriated pursuant to this paragraph shall remain available
until expended.
(b) Rail Worker Emergency Training Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of Transportation and
appropriate rail entities, shall issue detailed guidelines for
a rail worker emergency training program designed to enhance
rail worker training in preparation for and response to
potential or actual terrorist attacks, natural disasters, and
other emergencies.
(2) Program elements.--The guidelines developed under
paragraph (1) shall require such a program to include, at a
minimum, elements that comprehensively address the following:
(A) Critical infrastructure and equipment security
inspection.
(B) Hazardous material storage, transport, and
monitoring.
(C) Evacuation procedures in the event of fire,
explosion, natural disaster, and other emergencies.
(D) Unauthorized rail yard access and rail yard
security.
(E) Procedure for reporting suspicious activity,
critical infrastructure, rail yard, and equipment
security breaches, hazardous material storage or
transport safety breaches, and other security or safety
breaches.
(F) Notification of law enforcement, emergency
response, and other appropriate officials in the event
of a terrorist attack, natural disaster, hazardous
material explosion, and other emergencies.
(G) Rail worker notification and training on
railroad security plans, including a railroad carrier's
threat level identification system, employee
notification when such levels change, employee roles
and responsibilities regarding the security plan, and
lines of communication and coordination in the event of
an emergency.
(H) Passenger communication and coordination in the
event of an emergency.
(I) Live situational training exercises regarding
various emergency scenarios, including terrorist
attacks, natural disasters, and hazardous material
explosions.
(J) Protective equipment and device use.
(K) Locomotive cab securement.
(L) Background, skills, and ``fitness for duty''
checks for railroad contractors, subcontractors, and
their employees equal to those applicable to railroad
employees.
(M) Distress codes for use by train crews, bridge
tenders, and others as the Secretary of Homeland
Security considers appropriate.
(N) Appropriate responses to defend oneself.
(O) Any other subject the Secretary of Homeland
Security considers appropriate.
(3) Railroad carrier programs.--Not later than 90 days
after the Secretary of Homeland Security issues guidelines
under paragraph (1) in final form, each railroad carrier shall
develop a rail worker emergency training program in accordance
with those guidelines and submit it to the Secretary of
Homeland Security for approval. Not later than 60 days after
receiving a railroad carrier's program under this paragraph,
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
guideline requirements.
(4) Training.--Not later than 1 year after the Secretary of
Homeland Security approves the training program developed by a
railroad carrier under this subsection, the railroad carrier
shall complete the training of all rail workers in accordance
with that program.
(5) Updates.--The Secretary of Homeland Security shall
update the training guidelines issued under paragraph (1) from
time to time to reflect new or different security threats, and
shall require railroad carriers to revise their programs
accordingly and provide additional training to their rail
workers. Not later than 60 days after the Secretary of Homeland
Security notifies railroad carriers to revise their programs to
reflect updated guidelines issued by the Secretary under this
subsection, each railroad carrier shall make all required
revisions and submit their revised emergency training program
to the Secretary of Homeland Security for approval. Not later
than 60 days after receiving a railroad carrier's revised
program under this paragraph, 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 updated guideline requirements. Not later than 180 days
after the Secretary approves the revised training program
developed by a railroad carrier under this paragraph, the
railroad carrier shall complete the training of all rail
workers in accordance with the Secretary's updated guidelines.
(c) Noncompliance.-- The Secretary of Homeland Security may issue a
letter of noncompliance to any rail carrier that has failed to comply
with the obligations imposed by this section. Any such letters issued
shall be transmitted to Congress and published in the Federal Register.
(d) Definitions.--For purposes of this section:
(1) Appropriate rail entities.--The term ``appropriate rail
entities'' means freight and passenger railroad carriers,
nonprofit employee organizations representing rail workers,
nonprofit employee organizations representing emergency
responders, owners or lessors of rail cars used to transport
hazardous materials, shippers of hazardous materials,
manufacturers of rail tank cars, State Departments of
Transportation, public safety officials, and other relevant
parties.
(2) Railroad.--The term ``railroad'' has the meaning given
that term in section 20102(1) of title 49, United States Code.
(3) Railroad carrier.--The term ``railroad carrier'' has
the meaning given that term in section 20102(2) of title 49,
United States Code.
(4) Rail worker.--The term ``rail worker'' includes any
employee of a railroad carrier, or of a railroad carrier
contractor or subcontractor, who--
(A) inspects, tests, maintains, or repairs brakes,
other mechanical systems or components, or safety
appliances on railroad cars or locomotives;
(B) is engaged in the operation of any train,
including an employee that performs the duties of a
hostler;
(C) dispatches, reports, transmits, receives, or
delivers orders pertaining to train movements via
telegraph, telephone, radio, or any other electrical or
mechanical device;
(D) installs, repairs, tests, or maintains signal
systems;
(E) inspects, constructs, or repairs railroad
track, bridges, roadway, electrical traction systems,
roadway facilities, or roadway maintenance machinery;
or
(F) is otherwise considered appropriate by the
Secretary of Transportation.
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