[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2273 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2273

           To provide increased rail transportation security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 1, 2004

  Mr. McCain (for himself, Mr. Hollings, Ms. Snowe, Mr. Kennedy, Mrs. 
Clinton,  Mr. Rockefeller,  Mr. Biden, Mr. Carper, and Mr. Lautenberg) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
           To provide increased rail transportation security.

    Be it enacted by the Senate and House of Representatives 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 Security 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. Rail security.
Sec. 4. Study of foreign rail transport security programs.
Sec. 5. Passenger, baggage, and cargo screening.
Sec. 6. Certain personnel limitations not to apply.
Sec. 7. Fire and life safety improvements.
Sec. 8. Transportation security.
Sec. 9. Amtrak plan to assist families of passengers involved in rail 
                            passenger accidents.
Sec. 10. System-wide Amtrak security upgrades.
Sec. 11. Freight and passenger rail security upgrades.
Sec. 12. Department of Transportation oversight.
Sec. 13. Rail security research and development.
Sec. 14. Welded rail and tank car safety improvements.
Sec. 15. Northern Border rail passenger report.D23/

SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Vulnerability Assessment.--The Under Secretary of 
        Homeland Security for Border and Transportation Security, in 
        consultation with the Secretary of Transportation, shall 
        complete a vulnerability assessment of freight and passenger 
        rail transportation (encompassing rail carriers, as that term 
        is defined in section 20102(1) 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 materials 
                via railroad; and
                    (D) identification of security weaknesses in 
                passenger and cargo security, transportation 
                infrastructure, 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 assess the effective integration of such actions.
            (3) Recommendations.--Based on the assessment conducted 
        under paragraph (1), the Under Secretary, in consultation with 
        the Secretary of Transportation, shall develop prioritized 
        recommendations 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 
                infrastructure and facilities, information systems, and 
                other areas identified by the Under Secretary 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 prevention, 
                passenger evacuation, and response activities;
                    (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 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; Use of Existing Resources.--In carrying out the 
assessment required by subsection (a), the Under Secretary of Homeland 
Security for Border and Transportation Security shall consult with rail 
management, rail labor, owners or lessors of rail cars used to 
transport hazardous materials, shippers of hazardous materials, public 
safety officials (including those within other agencies and offices 
within the Department of Homeland Security) and other relevant parties.
    (c) Report.--
            (1) Contents.--Within 180 days after the date of enactment 
        of this Act, the Under Secretary shall transmit to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure a report containing the assessment and 
        prioritized recommendations required by subsection (a) and an 
        estimate of the cost to implement such recommendations.
            (2) Format.--The Under Secretary may submit the report in 
        both classified and redacted formats if the Under Secretary 
        determines that such action is appropriate or necessary.
    (d) 2-Year Updates.--The Under Secretary, in consultation with the 
Secretary of Transportation, shall update 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.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Homeland Security for Border and 
Transportation Security $5,000,000 for fiscal year 2005 for the purpose 
of carrying out this section.

SEC. 3. RAIL SECURITY.

    (a) Rail Police Officers.--Section 28101 of title 49, United States 
Code, is amended by striking ``the rail carrier'' each place it appears 
and inserting ``any rail carrier''.
    (b) Review of Rail Regulations.--Within 1 year after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Under Secretary of Homeland Security for Border and 
Transportation Security, shall review existing rail regulations of the 
Department of Transportation for the purpose of identifying areas in 
which those regulations need to be revised to improve rail security.

SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

    (a) Requirement for Study.--Within one year after the date of 
enactment of the Rail Security Act of 2004, the Comptroller General 
shall complete a study of the rail passenger transportation 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 the study shall be to identify 
effective rail transportation security measures that are in use in 
foreign rail transportation systems, including innovative measures and 
screening procedures determined effective.
    (c) Report.--The Comptroller General shall submit a report on the 
results of the study to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure. The report shall include the 
Comptroller General's assessment regarding whether it is feasible to 
implement within the United States any of the same or similar security 
measures that are determined effective under the study.

SEC. 5. PASSENGER, BAGGAGE, AND CARGO SCREENING.

    (a) Requirement for Study and Report.--The Under Secretary of 
Homeland Security for Border and Transportation Security, in 
cooperation with the Secretary of Transportation, shall--
            (1) analyze the cost and feasibility of requiring security 
        screening for passengers, baggage, and mail on passenger 
        trains; and
            (2) report the results of the study, together with any 
        recommendations that the Under Secretary may have for 
        implementing a rail security screening program to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure within 1 year after the date of enactment of 
        this Act.
    (b) Pilot Program.--As part of the study under subsection (a), the 
Under Secretary shall complete a pilot program of random security 
screening of passengers and baggage at 5 passenger rail stations served 
by Amtrak selected by the Under Secretary. In conducting the pilot 
program, the Under Secretary shall--
            (1) test a wide range of explosives detection technologies, 
        devices and methods;
            (2) require that intercity rail passengers produce 
        government-issued photographic identification which matches the 
        name on the passenger's tickets prior to boarding trains; and
            (3) attempt to achieve a distribution of participating 
        train stations in terms of geographic location, size, passenger 
        volume, and whether the station is used by commuter rail 
        passengers as well as Amtrak passengers.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Homeland Security for Border and 
Transportation Security to carry out this section $5,000,000 for fiscal 
year 2005.

SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

    Any statutory limitation on the number of employees in the 
Transportation Security Administration of the Department of 
Transportation, before or after its transfer to the Department of 
Homeland Security, does not apply to the extent that any such employees 
are responsible for implementing the provisions of this Act.

SEC. 7. FIRE AND LIFE SAFETY IMPROVEMENTS.

    (a) Life Safety Needs.--The Secretary of Transportation 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, NY, Baltimore, MD, and Washington, DC
    (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 ventilation, 
        electrical, and fire safety technology upgrades, emergency 
        communication and lighting systems, and emergency access and 
        egress for passengers--
                    (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) $170,000,000 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, DC Union Station tunnels to improve 
        ventilation, communication, lighting, 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 authorized to be 
appropriated to the Secretary of Transportation 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 remain 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 Secretary, and the 
        Secretary has approved, an engineering 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 
        assurance, periodic plan updates, periodic status reports, and 
        such other matter the Secretary deems appropriate;
    (f) Financial Contribution From Other Tunnel Users.--The Secretary 
shall, taking into account the need for the 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. 8. TRANSPORTATION SECURITY.

    (a) Memorandum of Agreement.--Within 60 days after the date of 
enactment of this Act, the Secretary of Transportation and the Under 
Secretary of Homeland Security for Border and Transportation Security 
shall execute a memorandum of agreement 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.
    (b) Rail Safety Regulations.--Section 20103(a) of title 49, United 
States Code, is amended by striking ``safety'' the first place it 
appears, and inserting ``safety, including security,''.

SEC. 9. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL 
              PASSENGER ACCIDENTS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date 
of the enactment of the Rail Security Act of 2004, Amtrak shall submit 
to the Chairman of the National Transportation Safety Board a plan for 
addressing the needs of the families of passengers involved in any rail 
passenger accident involving an Amtrak intercity train and resulting in 
a loss of life.
    ``(b) Contents of Plans.--The plan to be submitted by Amtrak under 
subsection (a) shall include, at a minimum, the following:
            ``(1) A process by which Amtrak will maintain and provide 
        to the National Transportation Safety Board, immediately upon 
        request, a list (which is based on the best available 
        information at the time of the request) of the names of the 
        passengers aboard the train (whether or not such names have 
        been verified), and will periodically update the list. The plan 
        shall include a procedure, with respect to unreserved trains 
        and passengers not holding reservations on other trains, for 
        Amtrak to use reasonable efforts to ascertain the number and 
        names of passengers aboard a train involved in an accident.
            ``(2) A plan for creating and publicizing a reliable, toll-
        free telephone number within 4 hours after such an accident 
        occurs, and for providing staff, to handle calls from the 
        families of the passengers.
            ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.
            ``(4) A process for providing the notice described in 
        paragraph (2) to the family of a passenger as soon as Amtrak 
        has verified that the passenger was aboard the train (whether 
        or not the names of all of the passengers have been verified).
            ``(5) A process by which the family of each passenger will 
        be consulted about the disposition of all remains and personal 
        effects of the passenger within Amtrak's control; that any 
        possession of the passenger within Amtrak's control will be 
        returned to the family unless the possession is needed for the 
        accident investigation or any criminal investigation; and that 
        any unclaimed possession of a passenger within Amtrak's control 
        will be retained by the rail passenger carrier for at least 18 
        months.
            ``(6) A process by which the treatment of the families of 
        nonrevenue passengers will be the same as the treatment of the 
        families of revenue passengers.
            ``(7) An assurance that Amtrak will provide adequate 
        training to its employees and agents to meet the needs of 
        survivors and family members following an accident.
    ``(c) Use of Information.--The National Transportation Safety Board 
and Amtrak may not release to any person information on a list obtained 
under subsection (b)(1) but may provide information on the list about a 
passenger to the family of the passenger to the extent that the Board 
or Amtrak considers appropriate.
    ``(d) Limitation on Liability.--Amtrak shall not be liable for 
damages in any action brought in a Federal or State court arising out 
of the performance of Amtrak in preparing or providing a passenger 
list, or in providing information concerning a train reservation, 
pursuant to a plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak's conduct.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that Amtrak may take, 
or the obligations that Amtrak may have, in providing assistance to the 
families of passengers involved in a rail passenger accident.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for the use of Amtrak 
$500,000 for fiscal year 2005 to carry out this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 243 of 
title 49, United States Code, is amended by adding at the end the 
following:

``Sec.
``24316.  Plan to assist families of passengers involved in rail 
                            passenger accidents''.

SEC. 10. SYSTEM-WIDE AMTRAK SECURITY UPGRADES.

    (a) In General--Subject to subsection (c), the Under Secretary of 
Homeland Security for Border and Transportation Security is authorized 
to make grants, through the Secretary of Transportation, to Amtrak--
            (1) to secure major tunnel access points and ensure tunnel 
        integrity in New York, Baltimore, and Washington, DC;
            (2) to secure Amtrak trains;
            (3) to secure Amtrak stations;
            (4) to obtain a watch list identification system approved 
        by the Under Secretary;
            (5) to obtain train tracking and communications systems 
        that are coordinated to the maximum extent possible;
            (6) to hire additional police and security officers, 
        including canine units; and
            (7) to expand emergency preparedness efforts.
    (b) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak under subsection (a) unless the projects are contained 
in a systemwide security plan approved by the Under Secretary, in 
consultation with the Secretary of Transportation, and meet the 
requirements of section 7(e)(2).
    (c) Equitable Geographic Allocation.--The Secretary shall ensure 
that, subject to meeting the highest security needs on Amtrak's entire 
system, stations and facilities located outside of the Northeast 
Corridor receive an equitable share of the security funds authorized by 
this section.
    (d) Availability of Funds.--There are authorized to be appropriated 
to the Under Secretary of Homeland Security for Border and 
Transportation Security $62,500,000 for fiscal year 2005 for the 
purposes of carrying out this section. Amounts appropriated pursuant to 
this subsection shall remain available until expended.

SEC. 11. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Under Secretary of Homeland 
Security for Border and Transportation Security is authorized to make 
grants to freight railroads, the Alaska Railroad, hazardous materials 
shippers, owners of rail cars used in the transportation of hazardous 
materials, and, through the Secretary of Transportation, to Amtrak, for 
full or partial reimbursement of costs incurred in the conduct of 
activities to prevent or respond to acts of terrorism, sabotage, or 
other intercity passenger rail and freight rail security threats, 
including--
            (1) security and redundancy for critical communications, 
        computer, and train control systems essential for secure rail 
        operations;
            (2) accommodation of cargo or passenger screening equipment 
        at the United States-Mexico border or the United States-Canada 
        border;
            (3) the security of hazardous material transportation by 
        rail;
            (4) secure intercity passenger rail stations, trains, and 
        infrastructure;
            (5) structural modification or replacement of pressurized 
        tank cars to improve their resistance to acts of terrorism;
            (6) employee security awareness, preparedness, passenger 
        evacuation, and emergency response training;
            (7) public security awareness campaigns for passenger train 
        operations; and
            (8) other improvements recommended by the report required 
        by section 2, including infrastructure, facilities, and 
        equipment upgrades.
    (b) Accountability.--The Under Secretary 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 developed by the Under Secretary.
    (c) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak under subsection (a) unless Amtrak meets the conditions 
set forth in section 10(b) of this Act.
    (d) Tank Car Replacement Incentive.--A grant under subsection 
(a)(5) may be for up to 15 percent of the cost of the modification or 
replacement of a pressurized tank car.
    (e) Allocation Between Railroads and Others.--Unless as a result of 
the assessment required by section 2 the Under Secretary of Homeland 
Security for Border and Transportation Security determines that 
critical rail transportation security needs require reimbursement in 
greater amounts to any eligible entity, no grants under this section 
may be made--
            (1) in excess of $65,000,000 to Amtrak; or
            (2) in excess of $100,000,000 for the purposes described in 
        paragraphs (3) and (4) of subsection (a).
    (f) Procedures for Grant Award.--The Under Secretary shall 
prescribe procedures and schedules for the awarding of grants under 
this title, including application and qualification procedures 
(including a requirement that the applicant have a security plan), and 
a record of decision on applicant eligibility. The procedures shall 
include the execution of a grant agreement between the grant recipient 
and the Under Secretary. The Under Secretary shall issue a final rule 
establishing the procedures not later than 90 days after the date of 
enactment of this Act.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Homeland Security for Border and 
Transportation Security $250,000,000 for fiscal year 2005 to carry out 
the purposes of this section. Amounts appropriated pursuant to this 
subsection shall remain available until expended.

SEC. 12. DEPARTMENT OF TRANSPORTATION OVERSIGHT.

    (a) Secretarial Oversight.--The Secretary of Transportation may use 
up to 0.5 percent of amounts made available to Amtrak for capital 
projects under the Rail Security Act of 2004 to enter into contracts 
for the review of proposed capital projects and related program 
management plans and to oversee construction of such projects.
    (b) Use of Funds.--The Secretary may use amounts available under 
subsection (a) of this subsection to make contracts for safety, 
procurement, management, and financial compliance reviews and audits of 
a recipient of amounts under subsection (a).

SEC. 13. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The Under 
Secretary of Homeland Security for Border and Transportation Security, 
in conjunction with the Secretary of Transportation, shall carry out a 
research and development program for the purpose of improving freight 
and intercity passenger rail security, including research and 
development projects to--
            (1) reduce the vulnerability of passenger trains, stations, 
        and equipment to explosives;
            (2) test new emergency response techniques and 
        technologies;
            (3) develop improved freight technologies, including--
                    (A) technologies for sealing rail cars;
                    (B) automatic inspection of rail cars;
                    (C) communication-based train controls; and
                    (D) emergency response training;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment; and
            (5) support enhanced security for the transportation of 
        hazardous materials by rail, including--
                    (A) technologies to detect a breach in a tank car 
                and transmit information about the integrity of tank 
                cars to the train crew;
                    (B) research to improve tank car integrity, with a 
                focus on tank cars that carry toxic-inhalation 
                chemicals; and
                    (C) techniques to transfer hazardous materials from 
                rail cars that are damaged or otherwise represent an 
                unreasonable risk to human life or public safety.
    (b) Coordination With Other Research Initiatives.--The Under 
Secretary of Homeland Security for Border and Transportation Security 
shall ensure that the research and development program authorized by 
this section is coordinated with other research and development 
initiatives at the Department and the Department of Transportation.
    (c) Accountability.--The Under Secretary of Homeland Security for 
Border and Transportation Security shall carry out any research and 
development project authorized by this section through a reimbursable 
agreement with the Secretary of Transportation if the Secretary of 
Transportation--
            (1) is already sponsoring a research and development 
        project in a similar area; or
            (2) has a unique facility or capability that would be 
        useful in carrying out the project.
    (d) Authorization of Appropriations.--There are authorized to 
appropriated to the Under Secretary of Homeland Security for Border and 
Transportation Security $50,000,000 in each of fiscal years 2005 and 
2006 to carry out the purposes of this section. Amounts appropriated 
pursuant to this subsection shall remain available until expended.

SEC. 14. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

    (a) Track Standards.--Within 90 days after the date of enactment of 
this Act, the Federal Railroad Administration shall--
            (1) require each railroad using continuous welded rail 
        track to include procedures (in its program filed with the 
        Administration) that improve the identification of cracks in 
        rail joint bars;
            (2) instruct Administration track inspectors to obtain 
        copies of the most recent continuous welded rail programs of 
        each railroad within the inspectors' areas of responsibility 
        and require that inspectors use those programs when conducting 
        track inspections; and
            (3) establish a program to periodically review continuous 
        welded rail joint bar inspection data from railroads and 
        Administration track inspectors and, whenever the 
        Administration determines that it is necessary or appropriate, 
        require railroads to increase the frequency or improve the 
        methods of inspection of joint bars in continuous welded rail.
    (b) Tank Car Standards.--The Federal Railroad Administration 
shall--
            (1) within 1 year after the date of enactment of this Act, 
        validate the predictive model it is developing to quantify the 
        maximum dynamic forces acting on railroad tank cars under 
        accident conditions; and
            (2) within 18 months after the date of enactment of this 
        Act, initiate a rulemaking to develop and implement appropriate 
        design standards for pressurized tank cars.
    (c) Older Tank Car Impact Resistance Analysis and Report.--Within 2 
years after the date of enactment of this Act, the Federal Railroad 
Administration, in coordination with the National Transportation Safety 
Board, shall--
            (1) conduct a comprehensive analysis to determine the 
        impact resistance of the steels in the shells of pressure tank 
        cars constructed before 1989; and
            (2) transmit a report to the Senate Committee on Commerce, 
        Science, and Transportation and the House of Representatives 
        Committee on Transportation and Infrastructure with 
        recommendations for measures to eliminate or mitigate the risk 
        of catastrophic failure.

SEC. 15. NORTHERN BORDER RAIL PASSENGER REPORT.

    Within 180 days after the date of enactment of this Act, the Under 
Secretary of Homeland Security for Border and Transportation Security, 
in consultation with the heads of other appropriate Federal departments 
and agencies and the National Railroad Passenger Corporation, shall 
transmit a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure that contains--
            (1) a description of the current system for screening 
        passengers and baggage on passenger rail service between the 
        United States and Canada;
            (2) an assessment of the current program to provide 
        preclearance of airline passengers between the United States 
        and Canada as outlined in ``The Agreement on Air Transport 
        Preclearance between the Government of Canada and the 
        Government of the United States of America'', dated January 18, 
        2001;
            (3) an assessment of the current program to provide 
        preclearance of freight railroad traffic between the United 
        States and Canada as outlined in the ``Declaration of Principle 
        for the Improved Security of Rail Shipments by Canadian 
        National Railway and Canadian Pacific Railway from Canada to 
        the United States'', dated April 2, 2003;
            (4) information on progress by the Department of Homeland 
        Security and other Federal agencies towards finalizing a 
        bilateral protocol with Canada that would provide for 
        preclearance of passengers on trains operating between the 
        United States and Canada;
            (5) a description of legislative, regulatory, budgetary, or 
        policy barriers within the United States Government to 
        providing pre-screened passenger lists for rail passengers 
        travelling between the United States and Canada to the 
        Department of Homeland Security;
            (6) a description of the position of the Government of 
        Canada and relevant Canadian agencies with respect to 
        preclearance of such passengers; and
            (7) a draft of any changes in existing Federal law 
        necessary to provide for pre-screening of such passengers and 
        providing pre-screened passenger lists to the Department of 
        Homeland Security.
                               <all>D23/