2000 
[DOCID: f:s1871is.txt]






107th CONGRESS
  1st Session
                                S. 1871

      To direct the Secretary of Transportation to conduct a rail 
    transportation security risk assessment, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 20 (legislative day, December 18), 2001

Mr. Rockefeller introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
      To direct the Secretary of Transportation to conduct a rail 
    transportation security risk assessment, 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.

    This Act may be cited as the ``Safe Rails Act of 2001''.

SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--The Secretary of Transportation shall--
            (1) conduct a comprehensive vulnerability assessment and 
        security needs analysis of hazardous materials transportation 
        in the railroad freight transportation industry; and
            (2) with regard to the shipment of hazardous materials, 
        assess the security risks associated with rail transportation 
        and develop prioritized recommendations for--
                    (A) improving the security of rail tunnels, rail 
                bridges, rail switching areas, and other areas 
                identified by the Secretary as posing significant rail-
                related risks to human health and 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; and
                    (B) dealing with the immediate and long-term 
                economic impact of measures that may be required to 
                address those risks.
    (b) Consultation; Use of Existing Resources.--In carrying out the 
assessment and analysis required by subsection (a), the Secretary 
shall--
            (1) consult with and consider any relevant assessments and 
        analyses prepared by the railroad freight transportation 
        industry, owners or lessors of tank cars used in the 
        transportation of hazardous materials, rail labor, or hazardous 
        materials shippers (including officials responsible for 
        responding to emergencies);
            (2) consider relevant risk assessments and analyses 
        prepared by State and Federal regulatory or law enforcement 
        agencies; and
            (3) utilize, to the maximum extent feasible, the resources 
        and assistance of--
                    (A) the Federal Railroad Administration's Rail 
                Safety Advisory Committee; and
                    (B) the Transportation Research Board of the 
                National Academy of Sciences.
    (c) Report.--
            (1) Contents.--Within 180 days after the date of enactment 
        of this Act the Secretary shall transmit to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure a report, without compromising national 
        security, containing--
                    (A) the assessment, analysis, and prioritized 
                recommendations required by subsection (a); and
                    (B) any proposals the Secretary deems appropriate 
                for providing Federal financial, technological, or 
                research and development assistance to railroads, 
                owners or lessors of tank cars used in the 
                transportation of hazardous materials, rail labor, or 
                hazardous materials shippers (including officials 
                responsible for responding to emergencies) to assist in 
                reducing the likelihood, severity, and consequences of 
                deliberate acts of crime or terrorism toward rail 
                employees, rail passengers, rail shipments, tank cars, 
                or rail property.
            (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 to avoid 
        compromising national security.
    (d) Confidentiality.--Except for the report to Congress required by 
subsection (c), or where limited disclosure to law enforcement, fire, 
or other public safety officials is required to protect human health or 
public safety, the Secretary may keep confidential the assessment and 
analysis required by subsection (a), along with all related materials, 
and such information shall not be subject to disclosure under section 
552 of title 5, United States Code.

SEC. 3. RAIL SECURITY FUND.

    (a) In General.--The Secretary of the Treasury shall establish a 
Rail Security Fund account in the Treasury into which the Secretary of 
the Transportation shall deposit amounts appropriated under subsection 
(b).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $150,000,000 for each 
of fiscal years 2002 and 2003 for deposit into the Rail Security Fund 
account established under subsection (a). Amounts appropriated pursuant 
to this subsection shall remain available until expended for grants 
under subsection (d).
    (c) Allocation Between Railroads and Others.--Unless as a result of 
the assessment required by section 1(a) the Secretary determines that 
critical rail transportation security needs require reimbursement in 
greater amounts to any eligible entity, no grants under this section 
may be made to railroads in excess of $100,000,000 annually.
    (d) Use of Appropriated Amounts.--Amounts in the account are 
available to the Secretary of Transportation for grants to freight 
railroads, hazardous materials shippers, or owners of tank cars used in 
the transportation of hazardous materials, for full or partial 
reimbursement of costs incurred on or after September 11, 2001, in the 
conduct of activities to prevent or respond to acts of terrorism, 
sabotage, or other security threats, including--
            (1) additional operations involving rerouting, switching, 
        and the express movement of hazardous materials to address 
        security risks;
            (2) hiring additional manpower required to increase 
        security of the entire rail network, including rail cars on 
        leased track;
            (3) security and redundancy for critical communications, 
        computer, and train control systems essential for secure rail 
        operations;
            (4) development of secure networks to enable railroads to 
        communicate information to hazardous materials shippers and 
        tank car owners regarding credible threats to hazardous 
        material shipments anywhere along the rail network or on 
        shipper facilities;
            (5) development and deployment of secure global positioning 
        satellite tracking systems on all tank cars transporting high 
        hazard materials;
            (6) investment in the physical hardening of critical 
        railroad infrastructure;
            (7) research and development of improved technology for 
        sealing rail cars;
            (8) tank car modifications, or storage of additional tank 
        cars in excess of the number normally stored on-site at 
        shippers' facilities, if required by a Federal agency or a 
        railroad; and
            (9) research and development otherwise supporting enhanced 
        security of hazardous materials transportation by rail, 
        including--
                    (A) the purchase of equipment or improved training 
                to 
322
enhance emergency response in hazardous materials 
                transportation incidents;
                    (B) research and development of techniques to 
                transfer hazardous materials from rail cars that are 
                damaged or otherwise represent an unreasonable risk to 
                human life or public safety; and
                    (C) research and development of systems to enhance 
                rail car security on shipper property.
    (e) Accountability.--The Secretary of Transportation shall adopt 
necessary procedures, including audits, to ensure that grants made 
under this section are expended in accordance with the purposes of this 
Act and the priorities and other criteria adopted by the Secretary.
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