CLEVELAND, January 5 –- On January 4, U.S. Senators Daniel Inouye (D-HI), Ted Stevens (R-AK) and Frank Lautenberg (D-N.J.), along with 11 other cosponsors introduced S.184, the Surface Transportation and Rail Security Act of 2007 (STARS Act).
The legislation contains the rail security provisions originally included in the 109th Congress’ Senate-passed version of the SAFE Port Act. This rail security package is an updated version of the Rail Security Act of 2004 and the Rail Security Act of 2005, which the Commerce Committee and the Senate approved unanimously in the 108th and 109th Congresses.
The bill would require the Transportation Security Administration (TSA) to conduct a railroad sector risk assessment and submit prioritized recommendations for improving rail security. The assessment shall include the following:
• identifying and evaluating critical assets and infrastructure;
• identifying threats to assets and infrastructure;
• identifying vulnerabilities that are specific to the transportation of hazardous materials; and
• identifying security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning and other areas identified by assessment
The bill would also:
• Provide grants through TSA to Amtrak, freight railroads and others to upgrade security across the entire freight and intercity passenger railroad system.
• Provide funding through the Department of Transportation (DOT) to upgrade Amtrak railroad tunnels in New York, Washington, and Baltimore to modern safety and security standards.
• Create a Department of Homeland Security (DHS) rail security research and development program and encourage the deployment of rail car tracking equipment for high-hazard materials rail shipments.
• Authorize studies on improving passenger rail security screening and immigration processing along the northern border.
• Require railroads to create a railroad worker security-training program.
• Provide whistleblower protection for rail workers who report security concerns.
• Require railroads shipping high-hazard materials to create threat mitigation plans.
• Require TSA and DOT to clarify respective roles for rail security.
• Require DHS to develop a program to encourage equipping of rail cars transporting high hazard materials.
The employee training called for in the Senate bill is one of the BLET’s most sought after security provisions. Throughout the country, railroad workers have established their employers provide little or no specific training for terrorism prevention or emergency response. In the High Alert survey, 84% of respondents said that they had not received any additional training in terrorism response or prevention in the 12 months preceding the survey; and 99% said they did not receive training related to the monitoring of nuclear shipments.
“Worker training is critical because railroad workers are the ‘eyes and ears’ of the industry and are the first line of defense in the event of a terrorist attack on a freight train or passenger train,” BLET Vice President and National Legislative Representative John Tolman said. “Each and every day, we are on the front lines of the nation’s transportation system and see the woeful lack of security on our railroads. This lack of security is more than just troubling; it is tragic because we have seen the damage that can be done by accidents on the railroads and shudder to think of the damage that could be wrought by terrorism or sabotage.”
Whistleblower protections are yet another key inclusion in the bill. The Rail Conference and rail labor has long maintained that whistleblower protections are a cornerstone of any security bill. The bill forbids discrimination against employees who: provide information to the carrier or the Federal government relating to a perceived security threat; has testified or is about to testify before Congress or at any Federal or state proceeding about a perceived threat to security; or refuses to violate or assist in the violation of any law, rule or regulation related to rail security.
“By including whistleblower protections in this bill, the Senate has ensured that railroad workers can speak up about security threats — and security lapses that leave rail infrastructure vulnerable to attack — without fear of retaliation by the carriers,” Vice President Tolman said. “Railroad workers are on the front lines in the battle to secure our nation’s railroads and this provision will provide them the protection they need to keep the public safe.”