I 
108TH CONGRESS 
2D SESSION 
H. R. 4476
To provide for the security and safety of rail and rail transit transportation 
systems, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 1, 2004
Mr. LYNCH introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
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 Representa-
tives 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 2004’’. 
(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. 2. RAIL TRANSPORTATION SECURITY RISK ASSESS-
MENT. 
(a) IN GENERAL.—
(1) VULNERABILITY ASSESSMENT.—The Under 
Secretary for Border and Transportation Security of 
the Department of Homeland Security, in consulta-
tion with the Secretary of Transportation, shall com-
plete a vulnerability assessment of freight and pas-
senger 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 ma-
terials via railroad; and 
(D) 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 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 as-
sess the effective integration of such actions. 
(3) RECOMMENDATIONS.—Based on the assess-
ment conducted under paragraph (1), the Under 
Secretary, in consultation with the Secretary of 
Transportation, 
shall 
develop 
prioritized 
rec-
ommendations 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 in-
frastructure and facilities, information systems, 
and other areas identified by the Under Sec-
retary 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 pre-
vention, passenger evacuation, and response ac-
tivities; 
(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 Fed-
eral 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 Bor-
der 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
date 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 Depart-
ment of Homeland Security $5,000,000 for fiscal year 
2005 for the purpose of carrying out this section. 
SEC. 3. FEDERAL RAIL SECURITY MANAGERS. 
(a) ESTABLISHMENT, DESIGNATION, 
AND
STA-
TIONING.—The Under Secretary for Border and Trans-
portation Security of the Department of Homeland Secu-
rity shall establish the position of Federal Rail Security 
Manager within each of at least 8 regional areas, as di-
vided 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 de-
scribed 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 trans-
portation 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, in-
cluding innovative measures and screening procedures de-
termined effective. 
(c) REPORT.—The Comptroller General shall submit 
a report on the results of this study to the Senate Com-
mittee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation 
and Infrastructure. The report shall include the Comp-
troller General’s assessment regarding whether it is fea-
sible to implement within the United States any of the 
same or similar security measures that are determined ef-
fective under the study. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $1,000,000 for fiscal 
year 2005 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 Trans-
portation 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 Co-
lumbia, 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 ven-
tilation, electrical, and fire safety technology up-
grades, emergency communication and lighting sys-
tems, and emergency access and egress for pas-
sengers—
(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) $100,000,000 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, District of Columbia, 
Union Station tunnels to improve ventilation, com-
munication, lighting, and passenger egress up-
grades—
(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. 
(4) For the Boston, Massachusetts, Back Bay 
tunnels to improve ventilation, communication, light-
ing, 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) INFRASTRUCTURE UPGRADES.—There are au-
thorized to be appropriated to the Secretary of Transpor-
tation for fiscal year 2005 $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 re-
main 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 Sec-
retary, and the Secretary has approved, an engineer-
ing 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 assur-
ance, periodic status reports, and such other matter 
the Secretary deems appropriate; 
(f) FINANCIAL CONTRIBUTION FROM OTHER TUN-
NEL 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 trans-
portation agencies for allowable capital security im-
provements based on the recommendations estab-
lished 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 ex-
plosive 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
PRO-
GRAM.—
(1) IN GENERAL.—The Secretary of Homeland 
Security shall award grants directly to public trans-
portation agencies for allowable operational security 
improvements based on the recommendations estab-
lished 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 en-
hanced 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 improve-
ments. 
(c) CONGRESSIONAL NOTIFICATION.—Not later than 
3 days before any grant is awarded under this section, 
the Secretary of Homeland Security shall notify the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives of the intent to award such grant. 
(d) PROCEDURES FOR GRANT AWARD.—The Sec-
retary shall prescribe procedures and schedules for the 
awarding of grants under this section, including applica-
tion and qualification procedures, and a record of decision
on applicant eligibility. The procedures shall include the 
execution of a grant agreement between the grant recipi-
ent 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 dem-
onstrates 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 em-
ployees in emergency response and security aware-
ness; and 
(4) report annually to the Department of 
Homeland Security on the use of grant funds re-
ceived 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 DEVELOP-
MENT PROGRAM.—The Under Secretary for Border and 
Transportation Security of the Department of Homeland 
Security, in conjunction with the Secretary of Transpor-
tation, shall carry out a research and development pro-
gram for the purpose of improving freight and intercity 
passenger rail security, including research and develop-
ment 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 transpor-
tation of hazardous materials by rail, including—
(A) technologies to detect a breach in a 
tank car and transit information about the in-
tegrity of tank cars to the train crew;
(B) research to improve tank car integrity, 
with a focus on tank cars that carry toxic-inha-
lation chemicals; and 
(C) techniques to transfer hazardous mate-
rials from rail cars that are damaged or other-
wise 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 en-
tities to conduct research into, and demonstration of, tech-
nologies and methods to reduce and deter terrorist threats 
or mitigate damages resulting from terrorist attacks 
against public transportation systems, as described in sub-
section (a). 
SEC. 8. WHISTLEBLOWER PROTECTIONS FOR RAIL EM-
PLOYEES. 
(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, subcon-
tractor, 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 investiga-
tion or proceeding regarding conduct that the em-
ployee believes reasonably contravenes the purposes, 
functions, or responsibilities of this Act, when that 
information or assistance is provided to or the inves-
tigation is conducted by—
(A) a Federal or State regulatory or law 
enforcement agency; 
(B) any Member of Congress or any com-
mittee of Congress; or 
(C) a person with supervisory authority 
over the employee (or such other person work-
ing 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 secu-
rity. 
(b) ENFORCEMENT ACTION.—
(1) IN GENERAL.—A person who alleges dis-
charge or other discrimination by any person in vio-
lation of subsection (a) may seek relief under sub-
section (c) by—
(D) STATUTE OF LIMITATIONS.—An action 
brought under paragraph (1) shall be com-
menced 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 dam-
ages 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, privi-
leges, 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 2005 to carry out the provisions of section 
6(a), which shall remain available until expended. 
(b) OPERATIONAL
SECURITY
ASSISTANCE
PRO-
GRAM.—There are authorized to be appropriated to carry 
out the provisions of section 6(b)—
(1) $100,000,000 for fiscal year 2005; 
(2) $750,000,000 for fiscal year 2006; and 
(3) $500,000,000 for fiscal year 2007. 
(c) RAIL
SECURITY
RESEARCH
AND
DEVELOP-
MENT.—There 
are 
authorized 
to 
be 
appropriated 
$50,000,000 for fiscal year 2005 to carry out the provi-
sions of section 7(a), and $50,000,000 for fiscal year 2005 
to carry out the provisions of section 7(b), which shall re-
main available until expended.
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