text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Protecting Railroads against Enemy 
  Efforts through Modernization, Planning, and Technology Act''.
  
  SEC. 2. RAILROAD TRANSPORTATION SECURITY PLAN.
  
      (a) Requirement.--
              (1) In general.--The Secretary of Transportation, in 
          consultation with the Under Secretary of Homeland Security for 
          Border and Transportation Security and in accordance with the 
          Memorandum of Understanding executed under section 3, shall 
          develop a plan for the security of the Nation's railroads. The 
          plan shall include--
                      (A) identification and evaluation of critical 
                  railroad 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;
                      (D) identification of redundant and backup systems 
                  required to ensure the continued operation of critical 
                  elements of the railroad system in the event of an 
                  attack or other incident, including disruption of 
                  commercial electric power or communications networks;
                      (E) 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 plan;
                      (F) a plan for the Federal Government to provide 
                  increased security support at high or severe threat 
                  levels of alert, developed in consultation with the 
                  freight and intercity passenger railroads and State and 
                  local governments;
                      (G) procedures for establishing and maintaining 
                  permanent and comprehensive consultative relations 
                  among the parties described in subsection (b); and
                      (H) a contingency plan, developed in conjunction 
                  with freight and intercity and commuter passenger 
                  railroads, to ensure the continued movement of freight 
                  and passengers in the event of an attack affecting the 
                  railroad system, which shall contemplate--
                              (i) the possibility of rerouting traffic 
                          due to the loss of critical infrastructure, 
                          such as a bridge, tunnel, yard, or station; and
                              (ii) methods of continuing railroad service 
                          in the Northeast Corridor in the event of a 
                          commercial power loss, or catastrophe affecting 
                          a critical bridge, tunnel, yard, or station.
              (2) Existing private and public sector efforts.--The plan 
          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.--The Secretary of Transportation shall 
          develop prioritized recommendations for improving railroad 
          security, including recommendations for--
                      (A) improving the security of rail tunnels, rail 
                  bridges, rail switching and car storage areas, other 
                  rail infrastructure and facilities, information 
                  systems, and other areas identified by the Secretary as 
                  posing significant railroad-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 railroad 
                  service;
                      (B) deploying equipment to detect explosives and 
                  hazardous chemical, biological, and radioactive 
                  substances, and any appropriate countermeasures;
                      (C) installing redundant and backup systems to 
                  ensure the continued operation of critical elements of 
                  the railroad system in the event of an attack or other 
                  incident, including disruption of commercial electric 
                  power or communications networks;
                      (D) conducting public outreach campaigns on 
                  passenger railroads;
                      (E) deploying surveillance equipment; and
                      (F) identifying the immediate and long-term costs 
                  of measures that may be required to address those 
                  risks.
      (b) Consultation.--In developing the plan under subsection (a), the 
  Secretary of Transportation shall consult with rail management, rail 
  labor, owners or lessors of rail cars used to transport hazardous 
  materials, first responders, shippers of hazardous materials, State 
  Departments of Transportation, public safety officials (including those 
  within agencies and offices of the Department of Homeland Security), 
  and other relevant parties.
      (c) Report.--
              (1) Contents.--Not later than 180 days after the date of 
          enactment of this Act, the Secretary of Transportation shall 
          transmit to the Committee on Commerce, Science, and 
          Transportation of the Senate and the Committee on 
          Transportation and Infrastructure of the House of 
          Representatives a report containing the plan and prioritized 
          recommendations required by subsection (a), along with an 
          estimate of the cost to implement such recommendations.
              (2) Format.--The Secretary may submit the report in both 
          classified and redacted formats if the Secretary determines 
          that such action is appropriate or necessary.
      (d) Authorization of Appropriations.--There are authorized to be 
  appropriated to the Secretary of Transportation $10,000,000 for fiscal 
  year 2005 for the purpose of carrying out this section.
  
  SEC. 3. MEMORANDUM OF UNDERSTANDING.
  
      Not later than 180 days after the date of enactment of this Act, 
  the Secretary of Transportation and the Secretary of Homeland Security 
  shall execute a memorandum of understanding governing the roles and 
  responsibilities of the Department of Transportation and the Department 
  of Homeland Security, respectively, in addressing railroad 
  transportation security matters, including the processes the 
  departments will follow to promote communications, efficiency, and 
  nonduplication of effort.
  
  SEC. 4. RAILROAD SECURITY UPGRADES.
  
      (a) Security Improvement Grants.--The Secretary of Transportation 
  is authorized to make grants to railroads, 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) automated security inspection;
              (2) continued development and pilot deployment of 
          communications-based train control systems;
              (3) emergency bridge repair and replacement technology and 
          testing;
              (4) track, structure, and right-of-way integrity 
          monitoring;
              (5) technologies for reduction of tank car vulnerability;
              (6) demonstration of bridge and tunnel inspection 
          technologies;
              (7) establishment of a unified national railroad emergency 
          operations center;
              (8) signal system security at turnouts;
              (9) 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;
              (10) the security of hazardous material transportation by 
          railroad;
              (11) secure passenger railroad stations, trains, and 
          infrastructure;
              (12) public security awareness campaigns for passenger 
          train operations;
              (13) the sharing of intelligence and information about 
          railroad security threats;
              (14) train tracking and interoperable communications 
          systems that are coordinated to the maximum extent possible;
              (15) additional police and security officers, including 
          canine units; and
              (16) other improvements recommended by the report required 
          by section 2, including infrastructure, facilities, and 
          equipment upgrades.
      (b) Authorization of Appropriations.--There are authorized to be 
  appropriated to the Secretary of Transportation--
              (1) $5,000,000 for each of fiscal years 2005 and 2006 for 
          automated security inspection;
              (2) $20,000,000 for continued development and deployment of 
          communications-based train control systems;
              (3) $5,000,000 for each of fiscal years 2005 through 2008 
          for emergency bridge repair and replacement technology and 
          testing;
              (4) $3,000,000 for fiscal year 2005 for track, structure, 
          and right-of-way integrity monitoring;
              (5) $3,000,000 for fiscal year 2005 for technologies for 
          reduction of tank car vulnerability;
              (6) $20,000,000 for demonstration of bridge and tunnel 
          inspection technologies;
              (7) $10,000,000 for establishment of a unified national 
          railroad emergency operations center;
              (8) $1,500,000 for each of fiscal years 2005 and 2006 for 
          signal system security at turnouts; and
              (9) $350,000,000 for fiscal year 2005 to carry out 
          paragraphs (9) through (16) of subsection (a).
  Amounts appropriated pursuant to this subsection shall remain available 
  until expended.
  
  SEC. 5. FIRE AND LIFE-SAFETY IMPROVEMENTS.
  
      (a) Life-Safety Needs.--The Secretary of Transportation is 
  authorized to procure fire and life-safety improvements to the tunnels 
  on the Northeast Corridor in New York, New York, Baltimore, Maryland, 
  and Washington, D.C.
      (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 2005;
                      (B) $100,000,000 for fiscal year 2006;
                      (C) $100,000,000 for fiscal year 2007;
                      (D) $100,000,000 for fiscal year 2008; and
                      (E) $170,000,000 for fiscal year 2009.
              (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 2005;
                      (B) $10,000,000 for fiscal year 2006;
                      (C) $10,000,000 for fiscal year 2007;
                      (D) $10,000,000 for fiscal year 2008; and
                      (E) $17,000,000 for fiscal year 2009.
              (3) For the Washington, D.C., Union Station tunnels, to 
          improve ventilation, communication, lighting, and passenger 
          egress upgrades--
                      (A) $8,000,000 for fiscal year 2005;
                      (B) $8,000,000 for fiscal year 2006;
                      (C) $8,000,000 for fiscal year 2007;
                      (D) $8,000,000 for fiscal year 2008; and
                      (E) $8,000,000 for fiscal year 2009.
      (c) Availability of Appropriated Funds.--Amounts appropriated 
  pursuant to this section shall remain available until expended.
  
  SEC. 6. MISCELLANEOUS TECHNICAL AND CONFORMING PROVISIONS.
  
      (a) Rail Police Officers.--Section 28101 of title 49, United States 
  Code, is amended by striking ``the rail carrier'' each place it appears 
  and inserting ``any rail carrier''.
      (b) Review of Rail Regulations.--Not later than 1 year after the 
  date of enactment of this Act, the Secretary of Transportation, in 
  consultation with the Under Secretary of Homeland Security for Border 
  and Transportation Security, shall review existing rail regulations of 
  the Department of Transportation for the purpose of identifying areas 
  in which those regulations need to be revised to improve railroad 
  security.
      (c) Railroad Security.--Section 20101 of title 49, United States 
  Code, is amended by striking ``safety'' and inserting ``safety, 
  including security,''.
      (d) Rail Safety Regulations.--Section 20103(a) of title 49, United 
  States Code, is amended by striking ``safety'' the first place it 
  appears, and inserting ``safety, including security,''.
      (e) Certain Personnel Limitations not to Apply.--Any statutory 
  limitation on the number of employees in the Transportation Security 
  Administration of the Department of Transportation, before or after its 
  transfer to the Department of Homeland Security, does not apply to the 
  extent that any such employees are responsible for implementing the 
  provisions of this Act.
  
  SEC. 7. DEFINITION.
  
      For purposes of this Act, the term ``railroad'' has the meaning 
  given that term in section 20102 of title 49, United States Code.
target: Protecting Railroads against Enemy Efforts through Modernization, Planning, and Technology Act - Directs the Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, to develop a national railroad transportation security plan that identifies threats and vulnerabilities to the Nation's railroads and provides a plan for increased security. Directs the Secretary to develop prioritized recommendations for improving railroad security, including: (1) the security of rail tunnels and bridges and other rail infrastructure and facilities; (2) deployment of equipment to detect explosives and hazardous chemical, biological, and radioactive substances; (3) installation of redundant and backup systems to ensure continued operation in the event of a terrorist attack; and (4) deployment of surveillance equipment.
  
  Authorizes the Secretary to make grants to railroads, hazardous materials shippers, owners of rail cars used in transportation of hazardous materials, universities, colleges, and research centers, and State and local governments for reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats.
  
  Authorizes the Secretary to procure fire and life-safety improvements to the tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, D.C.
  
  Directs the Secretary to review existing Department of Transportation (DOT) rail regulations to identify areas in which those regulations need to be revised to improve railroad security.
feat_title: To improve railroad security and to authorize railroad security funding, and for other purposes.