I 
109TH CONGRESS 
1ST SESSION H. R. 2351 
To provide for the safety and security of United States railroads, passengers, 
workers, and communities, and to establish an assistance program for 
families of passengers involved in rail accidents. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2005 
Mr. OBERSTAR (for himself, Ms. CORRINE BROWN of Florida, Mr. CUMMINGS, 
Mr. BLUMENAUER, Mr. MENENDEZ, Mr. NADLER, Ms. NORTON, Mr. 
BISHOP of New York, Ms. MILLENDER-MCDONALD, Mr. WEINER, Mr. 
HOLDEN, Mr. CAPUANO, Mr. RAHALL, and Ms. CARSON) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committee on Homeland Secu-
rity, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To provide for the safety and security of United States 
railroads, passengers, workers, and communities, and to 
establish an assistance program for families of pas-
sengers involved in rail accidents. 
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 ‘‘Rail Security Act of 
2005’’.
TITLE I—RAILROAD SECURITY 
SEC. 101. RAILROAD TRANSPORTATION SECURITY. 
(a) IN GENERAL.— 
(1) REQUIREMENTS.—The Secretary shall de-
velop, prepare, implement, and update— 
(A) a railroad security assessment under 
subsection (b)(1); 
(B) a railroad security plan under sub-
section (b)(2); 
(C) prioritized recommendations for im-
proving railroad security under subsection (d); 
(D) guidance for the rail worker security 
training program as authorized by section 104; 
and 
(E) a national plan for public outreach and 
awareness for improving railroad security as 
authorized by section 107. 
(2) ROLE
OF
SECRETARY
OF
TRANSPOR-
TATION.—The Secretary shall work jointly with the 
Secretary of Transportation, in developing, pre-
paring, revising, implementing, and updating the 
documents required by paragraph (1). 
(3) MEMORANDUM OF AGREEMENT.—Within 60 
days after the date of enactment of this Act, the 
Secretary and the Secretary of Transportation shall
execute a memorandum of agreement governing the 
roles and responsibilities of the Department of 
Homeland Security and the Department of Trans-
portation, respectively, in addressing railroad trans-
portation security matters, including the processes 
the departments will follow to carry out this title 
and promote communications, efficiency, and non-
duplication of effort. 
(b) SECURITY ASSESSMENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall complete the security assessment of rail-
road 
transportation 
required 
under 
subsection 
(a)(1). The security assessment 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 by 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; and 
(E) identification of security weaknesses in 
passenger and cargo security, transportation in-
frastructure, protection systems (including pas-
senger and cargo screening), procedural poli-
cies, communications systems, employee train-
ing, emergency response planning, and any 
other area identified by the assessment. 
(2) SECURITY PLAN.—The Secretary shall use 
the security assessment completed under paragraph 
(1) to develop a transportation modal security plan 
under section 114(t)(1)(B) of title 49, United States 
Code, for the security of the Nation’s railroads. The 
plan shall— 
(A) establish a strategy for minimizing ter-
rorist threats to railroad transportation sys-
tems; 
(B) establish a strategy for maximizing the 
efforts of railroads to mitigate damage from 
terrorist attacks; 
(C) require the Federal Government to 
provide increased security support at high or 
severe threat levels of alert;
(D) set forth procedures for establishing 
and maintaining permanent and comprehensive 
consultative relations among the parties de-
scribed in subsection (c); 
(E) include a contingency plan to ensure 
the continued movement of freight and pas-
sengers 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; and 
(F) account for actions taken or planned 
by both public and private entities to address 
security issues identified under paragraph (1) 
and assess the effective integration of such ac-
tions. 
(c) CONSULTATION.—In developing the plan under 
subsection (b)(2) and the recommendations under sub-
section (d), the Secretary and the Secretary of Transpor-
tation shall consult with the freight and passenger railroad 
carriers, nonprofit employee organizations representing 
rail workers, nonprofit employee organizations rep-
resenting emergency responders, owners or lessors of rail 
cars used to transport hazardous materials, shippers of 
hazardous materials, manufacturers of rail tank cars, 
State Departments of Transportation, public safety offi-
cials, and other relevant parties. 
(d) RECOMMENDATIONS.—The Secretary shall de-
velop prioritized recommendations for improving railroad 
security, including recommendations for— 
(1) improving the security of rail tunnels, rail 
bridges, rail switching and car storage areas, other 
rail infrastructure and facilities, information sys-
tems, and other areas identified as posing significant 
railroad-related risks to public safety and the move-
ment of interstate commerce, taking into account 
the impact that any proposed security measure 
might have on the provision of railroad service; 
(2) deploying surveillance equipment; 
(3) deploying equipment to detect explosives 
and hazardous chemical, biological, and radioactive 
substances, and any appropriate countermeasures; 
(4) 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; 
(5) conducting public outreach campaigns on 
passenger railroads; and 
(6) identifying the immediate and long-term 
costs of measures that may be required to address 
those risks. 
(e) REPORT.— 
(1) CONTENTS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary 
shall transmit to the Committee on Transportation 
and Infrastructure and the Committee on Homeland 
Security of the House of Representatives and to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report containing the security 
assessment, plan, and prioritized recommendations 
required by this section, along with an estimate of 
the cost to implement such recommendations. 
(2) FORMAT.—The report may be submitted in 
a classified format if the Secretary determines that 
such action is necessary. 
(f) PERIODIC UPDATES.—The Secretary shall update 
the railroad security assessment, security plan, and 
prioritized recommendations for improving railroad secu-
rity under subsection (a), and the guidance for a railroad 
worker security training program under section 105, every 
2 years and submit a report, which may be submitted in 
both classified and redacted formats, to the Committee on 
Transportation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives and 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate not less frequently than April 1 of 
each even-numbered year. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary 
$10,000,000 for the purpose of carrying out this section. 
SEC. 102. FREIGHT AND PASSENGER RAIL SECURITY UP-
GRADES. 
(a) SECURITY IMPROVEMENT GRANTS.—The Sec-
retary, in coordination with the Secretary of Transpor-
tation, is authorized to make grants to freight and pas-
senger railroad carriers, nonprofit employee organizations 
that represent rail workers, shippers of hazardous mate-
rials by rail, owners of rail cars used in the transportation 
of hazardous materials, manufacturers of rail tank cars, 
and State and local governments, for costs incurred in the 
conduct of activities to prevent or respond to acts of ter-
rorism or sabotage against railroads, or other railroad se-
curity threats, including—
(1) perimeter protection systems, including ac-
cess control, installation of better lighting, fencing, 
and barricades at railroad facilities; 
(2) structural modification or replacement of 
rail cars transporting hazardous materials to im-
prove their resistance to acts of terrorism; 
(3) technologies for reduction of tank car vul-
nerability; 
(4) security improvements to passenger railroad 
stations, trains, and infrastructure; 
(5) tunnel protection systems; 
(6) evacuation improvements; 
(7) inspection technologies, including verified 
visual inspection technologies using hand-held read-
ers and discs; 
(8) security and redundancy for critical commu-
nications, computer, and train control systems essen-
tial for secure railroad operations or to continue rail-
road operations after an attack impacting railroad 
operations; 
(9) train tracking and interoperable commu-
nications systems; 
(10) chemical, biological, radiological, or explo-
sive detection systems and devices; 
(11) surveillance equipment;
(12) additional police and security officers, in-
cluding canine units; 
(13) accommodation of cargo or passenger 
screening equipment; 
(14) employee security awareness, prepared-
ness, and response training (including compliance 
with section 105); 
(15) public security awareness campaigns; 
(16) emergency response equipment, including 
fire suppression and decontamination equipment; 
and 
(17) other improvements recommended by the 
report required by section 101, including infrastruc-
ture, facilities, and equipment upgrades. 
(b) CONDITIONS.—The Secretary shall require recipi-
ents of funds for construction under this section and sec-
tion 103 of this Act to apply the standards of section 
24312 of title 49, United States Code, as in effect on Sep-
tember 1, 2004, with respect to the construction in the 
same manner as Amtrak is required to comply with such 
standards for construction work financed under an agree-
ment made under section 24308(a) of such title 49. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary 
$600,000,000 to carry out the purposes of this section,
of which $100,000,000 shall be used by the Secretary for 
making grants to Amtrak, in accordance with this section. 
Amounts appropriated pursuant to this subsection shall 
remain available until expended. 
SEC. 103. FIRE AND LIFE-SAFETY IMPROVEMENTS. 
(a) LIFE-SAFETY NEEDS.—There are authorized to 
be appropriated to Amtrak for the purposes of carrying 
out this section 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 2006; 
(B) $100,000,000 for fiscal year 2007; 
(C) $100,000,000 for fiscal year 2008; 
(D) $100,000,000 for fiscal year 2009; 
and 
(E) $170,000,000 for fiscal year 2010. 
(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 2006; 
(B) $10,000,000 for fiscal year 2007;
(C) $10,000,000 for fiscal year 2008; 
(D) $10,000,000 for fiscal year 2009; and 
(E) $17,000,000 for fiscal year 2010. 
(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 2006; 
(B) $8,000,000 for fiscal year 2007; 
(C) $8,000,000 for fiscal year 2008; 
(D) $8,000,000 for fiscal year 2009; and 
(E) $8,000,000 for fiscal year 2010. 
(b) AVAILABILITY
OF
APPROPRIATED
FUNDS.— 
Amounts appropriated pursuant to this section shall re-
main available until expended. 
SEC. 104. RAIL SECURITY RESEARCH AND DEVELOPMENT 
PROGRAM. 
(a) ESTABLISHMENT OF RESEARCH AND DEVELOP-
MENT PROGRAM.—The Secretary shall carry out a re-
search and development program for the purpose of im-
proving railroad security that may include research and 
development projects to— 
(1) reduce the vulnerability of passenger trains, 
stations, and equipment to explosives and hazardous 
chemical, biological, and radioactive substances;