I 
108TH CONGRESS 
2D SESSION 
H. R. 4604 
To improve railroad security and to authorize railroad security funding, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2004 
Mr. YOUNG of Alaska (for himself, Mr. QUINN, and Mr. PORTER) introduced 
the following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To improve railroad security and to authorize railroad 
security funding, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 Transpor-
tation, 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 de-
velop a plan for the security of the Nation’s rail-
roads. 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 ma-
terials via railroad; 
(D) identification of redundant and backup 
systems required to ensure the continued oper-
ation of critical elements of the railroad system 
in the event of an attack or other incident, in-
cluding disruption of commercial electric power 
or communications networks; 
(E) identification of security weaknesses in 
passenger and cargo security, transportation in-
frastructure, 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 con-
sultation with the freight and intercity pas-
senger railroads and State and local govern-
ments; 
(G) procedures for establishing and main-
taining permanent and comprehensive consult-
ative relations among the parties described in 
subsection (b); and 
(H) a contingency plan, developed in con-
junction with freight and intercity and com-
muter passenger railroads, to ensure the contin-
ued 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 catas-
trophe 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 
rec-
ommendations for improving railroad security, in-
cluding recommendations for— 
(A) improving the security of rail tunnels, 
rail bridges, rail switching and car storage 
areas, other rail infrastructure and facilities, in-
formation 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 explo-
sives and hazardous chemical, biological, and 
radioactive substances, and any appropriate 
countermeasures; 
(C) installing redundant and backup sys-
tems to ensure the continued operation of crit-
ical elements of the railroad system in the event
of an attack or other incident, including disrup-
tion of commercial electric power or commu-
nications 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 con-
sult with rail management, rail labor, owners or lessors 
of rail cars used to transport hazardous materials, first 
responders, shippers of hazardous materials, State De-
partments of Transportation, public safety officials (in-
cluding those within agencies and offices of the Depart-
ment 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 Sen-
ate and the Committee on Transportation and Infra-
structure 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 Sec-
retary 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 Sec-
retary 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 infrastruc-
ture) 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 vul-
nerability; 
(6) demonstration of bridge and tunnel inspec-
tion technologies; 
(7) establishment of a unified national railroad 
emergency operations center; 
(8) signal system security at turnouts; 
(9) security and redundancy for critical commu-
nications, electric power (including traction power), 
computer, and train control systems essential for se-
cure railroad operations or to continue railroad oper-
ations after an attack impacting railroad operations;
(10) the security of hazardous material trans-
portation 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 commu-
nications systems that are coordinated to the max-
imum extent possible; 
(15) additional police and security officers, in-
cluding canine units; and 
(16) other improvements recommended by the 
report required by section 2, including infrastruc-
ture, 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 re-
placement 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 tech-
nologies 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 Trans-
portation is authorized to procure fire and life-safety im-
provements to the tunnels on the Northeast Corridor in 
New York, New York, Baltimore, Maryland, and Wash-
ington, D.C. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of