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Week Ending March 2, 2006

S.184 A bill to provide improved rail and surface transportation security.

The Department of Homeland Security is given some specific marching orders in this bill that aims to improve anti-terror and other security protections of various modes of US surface transportation.

Establishing the risk begins the process and the bill calls for DHS to establish a risk assessment task force that will complete an assessment of freight and passenger rail transportation to include the method for conducting the assessment to show how DHS can work with other entities to identify and evaluate critical assets and infrastructure, identify their risk level, identify risks to transporting hazardous materials via railroad, and the risk to passengers and cargo to include rail tunnel security.

The taskforce will look at all levels of risk to include protection in place, communication systems, employee training, emergency response and an assessment of public and private operational recovery plans to expedite returning an impacted freight or passenger rail entity to normal performance after an incident.

After the assessment the Secretary of DHS is to produce recommendations for improving rail tunnel, bridges switching and car storage security as well as that of facilities, information systems and other risks to interstate commerce. How equipment would be deployed to detect threats and counter measures to be taken, training employees in terror prevention and preparedness, passenger evacuation and the like also musts be reported on with recommendations for improvement.

A plan must be forthcoming to consult with freight and intercity passenger rails on Federal Government provision of adequate security when threat levels rise to high or severe. Also required is a plan to meld existing and future security measures and a contingency plan to keep people and things moving by rail in the event of an attack. $5 million yearly would be spent on this effort.

DHS can make grants to Amtrak to protect underground and underwater assets and systems, high risk and high consequent assets and for counter-terrorism training and emergency preparedness drills. Also eligible for grants is major tunnel access points and tunnel integrity in New York, New Jersey, Maryland and Washington, D.C. to secure Amtrak trains and stations, to obtain watch list ID systems and to obtain train tracking and interoperable communications systems coordination.

Amtrak may hire additional police and special agents including canine units. The grant efforts would be funded to $63.5 million in 2008 and $30 million each for 2009 and 2010.

Additional Amtrak grants aim to cover fire and life-safety improvements in the Northeast corridor tunnels. The grants for New York and New Jersey for ventilation, electrical and fire safety upgrades and emergency communications and lighting as well as emergency escape access will spend $100 million for each year from 2008 through 2011. Baltimore and the Union tunnel in D.C. will receive $10 million yearly through 2011 for drainage, ventilation, lighting and passenger escape upgrades. Washington, D.C. and Union Station would improve ventilation, communication, lighting and passenger egress for $8 million yearly through 2011. The Secretary of DHS is required to consider if tunnel users such as other carriers should donate to the effort to expedite the upgrades.

Non-Amtrak freight railroads can receive grants for full or partial reimbursement incurred in conducting activities to prevent or respond to acts of terrorism, sabotage. Also available are grants for intercity passenger and freight rail security for communications, computer and train control systems necessary for security, to implement a rail cargo or passenger screening equipment at the US / Mexico and US / Canada borders and other ports of entry. Also on the list of grant targets are hazardous waste security on rails and improvement of rail cars carrying hazardous materials to resist an act of terrorism. Reimbursements are authorized up to $45 million for Amtrak, and $80 million for non-Amtrak entities. Total funds allocated, though, are at $100 million yearly through 2010.

The Secretary of DHS is required to adopt procedures, including audits, to ensure the funds are being spent as intended.

$33 million yearly through 2011 is authorized for research and development of technologies to reduce terror attack threats on surface transportation, to test new emergency response techniques, develop improved rail security technologies to include sealing rail car, automatic inspection of rail cars, emergency response training and communication-based train controls. The funds will also look to develop wayside detectors to detect rail equipment tampering. Hazardous material technology improvements would include detecting breaches in a tank car and transmittal of car integrity to the train operator, improving tank integrity and techniques to transfer hazardous materials from a damaged car to another. The bill prevents duplicate research being funded. These R&D efforts will be sustained by grants up to $33 million yearly through 2010. The bill aims to be able to track the path of hazardous material as it is moved by train and truck

In six months of bill enactment Amtrak is to submit a plan for addressing the needs of families of passengers who lost their lives in an intercity rail accident. Among the requirements of the plan are a toll-free number available within four hours of the accident, a procedure for determining the number of passengers on the train and their names, a procedure for notifying families of passengers before making the information public and disposing of the remains of a passenger. $500,000 for FY 2008.

The Northern US border will be reflected in a report on the current passenger screening system, preclearance of airline passengers, preclearance to freight rail traffic and passengers on passenger trains, Canada’s position, the feasibility of reinstating in-transit inspections on international Amtrak trains and any other sticking points.

Terror response training for rail workers, whistleblower protections and fines to $400,000 for violating a DHS regulation are included in the bill.

Similar provisions would apply to bus and other motor carriers and included funds to develop truck security inspections and hazardous material cargo inspections on routes and other enhancements such as isolating drivers and better securing road transport against attack. The provision would garner $62 million through 2010.

Pipeline security was addressed in 2006 legislation. This bill further assesses the security of that infrastructure and would spend $2 million to do so.

Sponsor:  Senator Daniel K. Inouye (D-HI)

Vote: A move to invoke cloture and continue debate on the bill was withdrawn Feb. 27, 2007. The bill was temporarily set aside.

Cost to the taxpayers: A maritime and surface transportation user fee is to be studied to help offset the cost of these improvements and research. The bill authorizes, subject to appropriations, in excess of $1 billion.

Earmark Certification:   Not applicable to this bill.

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