[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2412 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2412

 To address homeland security issues relating to first responders, the 
Federal Bureau of Investigation, the use of technology, Federal, State, 
  and local coordination, and critical infrastructure, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2006

   Mr. Biden introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To address homeland security issues relating to first responders, the 
Federal Bureau of Investigation, the use of technology, Federal, State, 
  and local coordination, and critical infrastructure, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``9/11 Commission Recommendations 
Implementation Act of 2006''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
        TITLE I--ENHANCING LAW ENFORCEMENT AND FIRST RESPONDERS

                      Subtitle A--First Responders

Sec. 101. Findings.
Sec. 102. Restoration of justice assistance funding.
Sec. 103. COPS authorization of appropriations.
Sec. 104. State and local first responders authorization of 
                            appropriations.
        Subtitle B--Federal Bureau of Investigation Enhancement

Sec. 120. Findings.
Sec. 121. Authorization for more agents.
 Subtitle C--Utilizing Technology to Prevent and Respond to Terrorist 
                     Attacks and Natural Disasters

Sec. 141. Communications.
Sec. 142. Terrorist watch lists.
 Subtitle D--Improving Planning and Coordination Among Federal, State, 
                       and Local First Responders

Sec. 161. National response plan.
              TITLE II--CRITICAL INFRASTRUCTURE PROTECTION

    Subtitle A--Comprehensive Critical Infrastructure Vulnerability 
                              Assessments

Sec. 201. Threat reductions.
                       Subtitle B--Rail Security

Sec. 221. Rail transportation security risk assessment.
Sec. 222. Rail security.
Sec. 223. Study of foreign rail transport security programs.
Sec. 224. Passenger, baggage, and cargo screening.
Sec. 225. Certain personnel limitations not to apply.
Sec. 226. Fire and life-safety improvements.
Sec. 227. Memorandum of understanding.
Sec. 228. Amtrak plan to assist families of passengers involved in rail 
                            passenger accidents.
Sec. 229. Systemwide Amtrak security upgrades.
Sec. 230. Freight and passenger rail security upgrades.
Sec. 231. Rail security research and development.
Sec. 232. Welded rail and tank car safety improvements.
Sec. 233. Northern border rail passenger report.
Sec. 234. Whistleblower protection program.
       Subtitle C--Transportation of Hazardous Materials by Rail

Sec. 241. Findings.
Sec. 242. Definitions.
Sec. 243. Regulations for transport of extremely hazardous materials.
Sec. 244. Safety training.
Sec. 245. Research and development.
Sec. 246. Whistleblower protection.
Sec. 247. Penalties.
                  Subtitle D--Chemical Plant Security

Sec. 261. Plant security grants.
                     Subtitle E--Seaport Protection

Sec. 281. Findings.
Sec. 282. Port security grant funding.
                       Subtitle F--Bag Screening

Sec. 291. Checked bag screening.

        TITLE I--ENHANCING LAW ENFORCEMENT AND FIRST RESPONDERS

                      Subtitle A--First Responders

SEC. 101. FINDINGS.

    Congress makes the following findings:
            (1) In a report entitled ``Emergency First Responders: 
        Drastically Underfunded, Dangerously Unprepared'', an 
        independent task force sponsored by the Council on Foreign 
        Relations found that ``America's local emergency responders 
        will always be the first to confront a terrorist incident and 
        will play the central role in managing its immediate 
        consequences. Their efforts in the first minutes and hours 
        following an attack will be critical to saving lives, 
        establishing order, and preventing mass panic. The United 
        States has both a responsibility and a critical need to provide 
        them with the equipment, training, and other resources 
        necessary to do their jobs safely and effectively.''.
            (2) The task force further concluded that many State and 
        local emergency responders, including police officers and 
        firefighters, lack the equipment and training needed to respond 
        effectively to a terrorist attack involving weapons of mass 
        destruction.
            (3) The Federal Government has a responsibility to ensure 
        that the people of the United States are protected to the 
        greatest possible extent against a terrorist attack, especially 
        an attack that utilizes nuclear, chemical, biological, or 
        radiological weapons, and consequently, the Federal Government 
        has a critical responsibility to address the equipment, 
        training, and other needs of State and local first responders.

SEC. 102. RESTORATION OF JUSTICE ASSISTANCE FUNDING.

    (a) Sense of Congress.--It is the sense of Congress that the 
President should request in the annual budget proposal, and Congress 
should appropriate, the full amount authorized to be appropriated in 
subsection (b).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for the Edward Byrne Memorial Justice Assistance Grant 
Program $900,000,000 for fiscal year 2007.

SEC. 103. COPS AUTHORIZATION OF APPROPRIATIONS.

    In addition to any other amounts authorized to be appropriated, 
there are authorized to be appropriated to the Office of Community 
Oriented Policing Services $1,150,000,000, for fiscal year 2007.

SEC. 104. STATE AND LOCAL FIRST RESPONDERS AUTHORIZATION OF 
              APPROPRIATIONS.

    In addition to any other amounts authorized to be appropriated, 
there are authorized to be appropriated, for each of the fiscal years 
2007 through 2017--
            (1) $1,000,000,000 for the State Homeland Security Grant 
        Program;
            (2) $1,000,000,000 for the Urban Area Security Initiative 
        Grant Program; and
            (3) $600,000,000 for the Law Enforcement Terrorism 
        Prevention Program.

        Subtitle B--Federal Bureau of Investigation Enhancement

SEC. 120. FINDINGS.

    Congress finds the following:
            (1) Throughout its history, the Federal Bureau of 
        Investigation has been an integral part of anti-crime 
        investigatory efforts in the United States.
            (2) While the Federal Bureau of Investigation has increased 
        its overall field agent numbers by more than 1,000 since pre-
        September 11, 2001, levels, it has increased its counter-terror 
        agents by more than 2,000. While this staffing-up of increased 
        resources for counter-terror investigations is necessary and 
        proper, it has had the unintended consequence of precluding the 
        Federal Bureau of Investigation from adequately and 
        satisfactorily discharging its traditional anti-crime 
        investigatory efforts.
            (3) The shift of the focus of the Federal Bureau of 
        Investigation to counterterrorism has reduced the Bureau's 
        involvement in traditional crime investigations, including--
                    (A) fewer agents to the successful High Intensity 
                Drug Trafficking Area task forces;
                    (B) fewer violent crime cases, as the Bureau has 
                reduced the number of agents committed to Federal, 
                State, and local task forces like the Safe Streets and 
                Violent Crime Task Forces; and
                    (C) fewer agents handling bank robbery and white 
                collar crimes, which involve technical areas of 
                investigative expertise that State and locals often 
                lack.
            (4) Before September 11, 2001, the Federal Bureau of 
        Investigation had 7,738 field agents fulfilling traditional 
        anti-crime efforts. The President proposed a fiscal year 2006 
        budget with less than 6,700 field agents fulfilling these same 
        functions.
            (5) The Federal Bureau of Investigation is thus faced with 
        a gap of 1,000 field agents in its traditional anti-crime 
        function, compromising the investigations the Federal Bureau of 
        Investigation is able to undertake and to assist in conducting.
            (6) The traditional anti-crime investigations of the 
        Federal Bureau of Investigation complement and assist 
        investigations by State and local law enforcement around the 
        country.
            (7) Through direct assistance and various joint task 
        forces, the Federal Bureau of Investigation provides invaluable 
        expertise and resources to help State and local law enforcement 
        agencies combat criminal enterprises impacting their local 
        communities.
            (8) The post-September 11, 2001, reprogramming of Federal 
        Bureau of Investigation agents from criminal to 
        counterterrorism investigations is occurring at the many State 
        and local agencies that are facing tough budget cuts that is 
        reducing their capacity to fight crime.
            (9) In a recent survey, 27 of 44 major urban police 
        departments surveyed are experiencing a ``cop crunch''. 
        Cleveland, Ohio, has lost 250 officers in 2004, 15 percent of 
        its force. New York City has lost 3,400 over the last 3 years. 
        Pittsburgh, Pennsylvania, has lost \1/4\ of its force, and 
        Philadelphia has lost 2,000 officers.
            (10) Compounding the lack of local revenue many local 
        jurisdictions are faced with since September 11, 2001, Federal 
        financial assistance to local law enforcement has been reduced 
        every year for the past 4 years.
            (11) The Federal Bureau of Investigation is charged with 
        preventing terrorism and fighting traditional crime. In order 
        for the Federal Bureau of Investigation to attain both critical 
        goals, the Federal Bureau of Investigation needs an additional 
        1,000 agents to do the job.

SEC. 121. AUTHORIZATION FOR MORE AGENTS.

    There are authorized to be appropriated $160,000,000 for each of 
the fiscal years 2007 through 2011 to fund 1,000 Federal Bureau of 
Investigation field agents, in addition to the number of Federal Bureau 
of Investigation field agents serving on the date of enactment of this 
Act.

 Subtitle C--Utilizing Technology to Prevent and Respond to Terrorist 
                     Attacks and Natural Disasters

SEC. 141. COMMUNICATIONS.

    There are authorized to be appropriated $1,000,000,000 for each of 
the fiscal years 2007 through 2011, to the Office of Community Oriented 
Policy Services for grants for interoperable communications technology.

SEC. 142. TERRORIST WATCH LISTS.

    There are authorized to be appropriated $50,000,000 for fiscal year 
2007, to the Federal Bureau of Investigation for the consolidation of 
terrorist watch lists by the Terrorist Screening Center.

 Subtitle D--Improving Planning and Coordination Among Federal, State, 
                       and Local First Responders

SEC. 161. NATIONAL RESPONSE PLAN.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall conduct a study and 
submit a report to Congress regarding any failures related to the use 
of the national response plan prepared under section 502(6) of the 
Homeland Security Act of 2002 (6 U.S.C. 312(6)).
    (b) Update of Plan.--
            (1) In general.--Not later than the earlier of the date 
        that is 1 year after the date of enactment of this Act or the 
        date that is 180 days after the submission of the report under 
        subsection (a), the Secretary of Homeland Security shall 
        conduct a review and update the national response plan prepared 
        under section 502(6) of the Homeland Security Act of 2002 (6 
        U.S.C. 312(6)) to coordinate a response within 8 to 24 hours 
        after the occurrence of a natural disaster or terrorist attack, 
        utilizing State and local government resources.
            (2) Consultation.--In conducting the study required by 
        paragraph (1), the Secretary shall form a working group 
        consisting of State and local law enforcement officials, State 
        and local fire officials, local paramedics and other State and 
        local emergency planners and practitioners as well as relevant 
        Federal officials.

              TITLE II--CRITICAL INFRASTRUCTURE PROTECTION

    Subtitle A--Comprehensive Critical Infrastructure Vulnerability 
                              Assessments

SEC. 201. THREAT REDUCTIONS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Homeland Security shall conduct a study 
of and submit to Congress an unclassified report on the security 
vulnerability and a comprehensive threat reduction recommendations for 
each of the following areas:
            (1) Financial markets.
            (2) Chemical plants.
            (3) Nuclear plants.
            (4) Ports.
            (5) Transportation infrastructure.
            (6) Electricity grid.
            (7) Communications Systems.
            (8) Computer Networks.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $80,000,000 for fiscal year 2007 to carry out this 
section.

                       Subtitle B--Rail Security

SEC. 221. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Vulnerability assessment.--
                    (A) In general.--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 
                railroads, as that term is defined in section 20102(1) 
                of title 49, United States Code).
                    (B) Contents.--The assessment under subparagraph 
                (A) shall include--
                            (i) identification and evaluation of 
                        critical assets and infrastructures;
                            (ii) identification of threats to those 
                        assets and infrastructures;
                            (iii) identification of vulnerabilities 
                        that are specific to the transportation of 
                        hazardous materials by railroad; and
                            (iv) 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.
                    (C) 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.
            (2) 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 and car storage 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 equipment to detect explosives and 
                hazardous chemical, biological, and radioactive 
                substances, and any appropriate countermeasures;
                    (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 costs 
                of measures that may be required to address those 
                risks.
            (3) 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)(1), 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, first responders, 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.--Not later than 180 days after the date of 
        enactment of this Act, the Under Secretary of Homeland Security 
        for Border and Transportation Security shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives 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 of Homeland Security for 
Border and Transportation Security, in consultation with the Secretary 
of Transportation, shall update the assessment and recommendations 
every 2 years and submit to the committees named in subsection (c)(1) a 
report, which may be submitted in both classified and redacted formats, 
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 2007 for the purpose 
of carrying out this section.

SEC. 222. 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.--Not later than 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 the 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. 223. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

    (a) Requirement for Study.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General of the United States 
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 completed under subsection 
(a) 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 completed under subsection (a) to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives. 
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. 224. 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 cargo on passenger 
        trains; and
            (2) not later than 1 year after the date of enactment of 
        this Act, 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 Committee 
        on Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives.
    (b) Pilot Program.--
            (1) In general.--As part of the study under subsection (a), 
        the Under Secretary shall conduct a pilot program of random 
        security screening of passengers and baggage at 5 passenger 
        rail stations served by Amtrak that are selected by the Under 
        Secretary.
            (2) Conduct of program.--In conducting the pilot program, 
        the Under Secretary shall--
                    (A) test a wide range of explosives detection 
                technologies, devices, and methods;
                    (B) require that intercity rail passengers produce 
                government-issued photographic identification that 
                matches the name on the passenger's tickets prior to 
                boarding trains; and
                    (C) attempt to give preference to locations at the 
                highest risk of terrorist attack and 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 $5,000,000 for fiscal year 2007 to carry out 
this section.

SEC. 225. 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, shall not apply to the extent that any such 
employees are responsible for implementing the provisions of this 
subtitle.

SEC. 226. 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 Amtrak tunnels on the Northeast Corridor in 
New York, New York, Baltimore, Maryland, and Washington, District of 
Columbia.
    (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 2007;
                    (B) $100,000,000 for fiscal year 2008;
                    (C) $100,000,000 for fiscal year 2009;
                    (D) $100,000,000forfiscalyear2010; and
                    (E) $170,000,000 for fiscal year 2011.
            (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 2007;
                    (B) $10,000,000 for fiscal year 2008;
                    (C) $10,000,000 for fiscal year 2009;
                    (D) $10,000,000 for fiscal year 2010; and
                    (E) $17,000,000 for fiscal year 2011.
            (3) For the Washington, District of Columbia, Union Station 
        tunnels to improve ventilation, communication, lighting, and 
        passenger egress upgrades--
                    (A) $8,000,000 for fiscal year 2007;
                    (B) $8,000,000 for fiscal year 2008;
                    (C) $8,000,000 for fiscal year 2009;
                    (D) $8,000,000 for fiscal year 2010; and
                    (E) $8,000,000 for fiscal year 2011.
    (c) Infrastructure Upgrades.--There are authorized to be 
appropriated to the Secretary of Transportation $3,000,000 for fiscal 
year 2007 for the preliminary design of options for a new tunnel on a 
different alignment to augment the capacity of the Baltimore, Maryland, 
tunnels.
    (d) Availability of Appropriated Funds.--Amounts appropriated 
pursuant to this section shall remain available until expended.
    (e) Plans Required.--The Secretary of Transportation 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 appropriate 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 matters the Secretary determines 
        appropriate.
    (f) Review of Plans.--
            (1) In general.--The Secretary of Transportation shall 
        complete the review of the plans required under subsection (e) 
        and approve or disapprove the plans not later than 45 days 
        after the date on which each such plan is submitted by Amtrak.
            (2) Deficient plans.--If the Secretary determines that a 
        plan is incomplete or deficient, the Secretary shall notify 
        Amtrak of the incomplete items or deficiencies and Amtrak 
        shall, not later than 30 days after receiving such 
        notification, submit a modified plan for the Secretary's 
        review.
            (3) Review of modified plans.--Not later than 15 days after 
        receiving additional information on items previously included 
        in the plan, and not later than 45 days after receiving items 
        newly included in a modified plan, the Secretary shall either 
        approve the modified plan, or, if the Secretary finds the plan 
        is still incomplete or deficient, the Secretary shall identify 
        in writing to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives the portions of the plan the Secretary finds 
        incomplete or deficient, approve all other portions of the 
        plan, obligate the funds associated with those other portions, 
        and execute an agreement with Amtrak not later than 15 days 
        thereafter on a process for resolving the remaining portions of 
        the plan.
    (g) Financial Contribution From Other Tunnel Users.--The Secretary 
shall, taking into account the need for the timely completion of all 
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) obtain financial contributions or commitments from such 
        other rail carriers at levels reflecting the extent of their 
        use of the tunnels, if feasible.

SEC. 227. MEMORANDUM OF UNDERSTANDING.

    (a) Memorandum of Understanding.--Not later than 60 days after the 
date of enactment of this Act, the Secretary of Transportation and the 
Secretary of Homeland 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. 228. 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 new section:
``Sec. 24316. Plan 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 enactment of this section, Amtrak shall submit to the Chairman of 
the National Transportation Safety Board and the Secretary of 
Transportation 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 shall maintain and provide 
        to the National Transportation Safety Board and the Secretary 
        of Transportation, 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 process 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 using suitably trained individuals to 
        notify the families of the passengers before any public notice 
        of the names of the passengers is provided.
            ``(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--
                    ``(A) consulted about the disposition of all 
                remains and personal effects of the passenger within 
                Amtrak's control;
                    ``(B) notified 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
                    ``(C) notified 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, the Secretary of Transportation, 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, under 
the 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 2007 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:

``24316. Plan to address needs of families of passengers involved in 
                            rail passenger accidents.''.

SEC. 229. SYSTEMWIDE 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, New York, Baltimore, Maryland, and 
        Washington, District of Columbia;
            (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 interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;
            (6) to hire additional police and security officers, 
        including canine units;
            (7) to supplement salaries and benefits of authorized sworn 
        law enforcement personnel of the Amtrak Police Department; and
            (8) 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, for capital 
projects, meet the requirements of section 226(e)(2). The plan shall 
include appropriate measures to address security awareness, emergency 
response, and passenger evacuation training.
    (c) Equitable Geographic Allocation.--The Under 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) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Under Secretary of Homeland Security for Border and 
        Transportation Security--
                    (A) $81,900,000 for fiscal year 2007 to carry out 
                this section; and
                    (B) $18,400,000 for each of the fiscal years 2007 
                through 2011, to carry out paragraphs (6) and (7) of 
                subsection (a).
            (2) Availability.--Amounts appropriated pursuant to this 
        subsection shall remain available until expended.

SEC. 230. 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, universities, colleges and research centers, State and local 
governments (for passenger facilities and infrastructure not owned by 
Amtrak), 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 rail cars 
        transporting extremely hazardous materials (as defined in 
        section 242) 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;
            (8) the sharing of intelligence and information about 
        security threats;
            (9) train tracking and interoperable communications systems 
        that are coordinated to the maximum extent possible;
            (10) the hiring of additional police and security officers, 
        including canine units; and
            (11) other improvements recommended by the reports 
        submitted under subsections (c) and (d) of section 221, 
        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 subtitle 
and the priorities and other criteria developed by the Under Secretary.
    (c) Equitable Allocation.--The Under Secretary shall equitably 
distribute the funds authorized by this section, taking into account 
geographic location, and shall encourage non-Federal financial 
participation in awarding grants. With respect to grants for passenger 
rail security, the Under Secretary shall also take into account 
passenger volume and whether a station is used by commuter rail 
passengers as well as intercity rail passengers.
    (d) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak under subsection (a) unless Amtrak meets the conditions 
set forth in section 229(b).
    (e) Allocation Between Railroads and Others.--Unless as a result of 
the assessment required by section 201(a) 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 (5) of subsection (a).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Homeland Security for Border and 
Transportation Security $350,000,000 for fiscal year 2007 to carry out 
this section. Amounts appropriated pursuant to this subsection shall 
remain available until expended.

SEC. 231. 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 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;
            (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-basedtraincontrols;and
                    (D) emergency response training;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment;
            (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 extremely hazardous 
                materials (as defined in section 242); 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; and
            (6) other projects recommended in reports submitted under 
        section 221.
    (b) Coordination With Other Research Initiatives.--
            (1) In general.--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 of Homeland Security and the Department of 
        Transportation.
            (2) Agreement for implementation.--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--
                    (A) is already sponsoring a research and 
                development project in a similar area; or
                    (B) has a unique facility or capability that would 
                be useful in carrying out the project.
    (c) 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.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Under Secretary of Homeland Security for Border and 
Transportation Security $50,000,000 in each of fiscal years 2007 and 
2008 to carry out this section. Amounts appropriated pursuant to this 
subsection shall remain available until expended.

SEC. 232. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

    (a) Track Standards.--Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Federal Railroad 
Administration shall--
            (1) require each track owner using continuous welded rail 
        track to include procedures (in its procedures filed with the 
        Administration under section 213.119 of title 49, Code of 
        Federal Regulations) to 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 Administrator 
        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 Administrator of the Federal Railroad 
Administration shall--
            (1) not later than 1 year after the date of enactment of 
        this Act, validate the predictive model it is developing to 
        quantify the relevant dynamic forces acting on railroad tank 
        cars under accident conditions; and
            (2) not later than 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.--Not 
later than 2 years after the date of enactment of this Act, the 
Administrator of the Federal Railroad Administration 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) submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report with recommendations for measures to 
        eliminate or mitigate the risk of catastrophic failure.

SEC. 233. NORTHERN BORDER RAIL PASSENGER REPORT.

    Not later than 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 submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report that contains--
            (1) a description of the system for screening passengers 
        and baggage on passenger rail service between the United States 
        and Canada;
            (2) an assessment of the 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 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 prescreened passenger lists for rail passengers 
        traveling 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 Federal law necessary to 
        provide for prescreening of such passengers and providing 
        prescreened passenger lists to the Department of Homeland 
        Security.

SEC. 234. WHISTLEBLOWER PROTECTION PROGRAM.

    (a) In General.--Subchapter I of chapter 201 of title 49, United 
States Code, is amended by inserting after section 20115 the following:
``Sec. 20116. Whistleblower protection for rail security matters
    ``(a) Discrimination Against Employee.--No rail carrier engaged in 
interstate or foreign commerce may discharge a railroad employee or 
otherwise discriminate against a railroad employee because the employee 
(or any person acting under a request of the employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided, to the employer or the Federal 
        Government information relating to a perceived threat to 
        security;
            ``(2) provided, caused to be provided, or is about to 
        provide or cause to be provided, testimony before Congress or 
        at any Federal or State proceeding regarding a perceived threat 
        to security; or
            ``(3) refused to violate or assist in the violation of any 
        law, rule, or regulation related to rail security.
    ``(b) Dispute Resolution.--A dispute, grievance, or claim arising 
under this section is subject to resolution under section 3 of the 
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National 
Railroad Adjustment Board, a division or delegate of the Board, or 
another board of adjustment established under such section to resolve 
the dispute, grievance, or claim, the proceeding shall be expedited and 
the dispute, grievance, or claim shall be resolved not later than 180 
days after it is filed. If the violation is a form of discrimination 
that does not involve discharge, suspension, or another action 
affecting pay, and no other remedy is available under this subsection, 
the Board, division, delegate, or other board of adjustment may award 
the employee reasonable damages, including punitive damages, of not 
more than $20,000.
    ``(c) Procedural Requirements.--Except as provided in subsection 
(b), the procedure set forth in section 42121(b)(2)(B), including the 
burdens of proof, applies to any complaint brought under this section.
    ``(d) Election of Remedies.--An employee of a railroad carrier may 
not seek protection under both this section and another provision of 
law for the same allegedly unlawful act of the carrier.
    ``(e) Disclosure of Identity.--
            ``(1) Except as provided in paragraph (2), or with the 
        written consent of the employee, the Secretary of 
        Transportation may not disclose the name of an employee of a 
        railroad carrier who has provided information about an alleged 
        violation of this section.
            ``(2) The Secretary shall disclose to the Attorney General 
        the name of an employee described in paragraph (1) if the 
        matter is referred to the Attorney General for enforcement.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 20115 the following:

        ``20116. Whistleblower protection for rail security matters.''.

       Subtitle C--Transportation of Hazardous Materials by Rail

SEC. 241. FINDINGS.

    Congress makes the following findings:
            (1) Congress has specifically given the Department of 
        Homeland Security, working in conjunction with the Department 
        of Transportation and other Federal agencies, the primary 
        authority for the security of the United States transportation 
        sector, including passenger and freight rail.
            (2) This authority includes the responsibility to protect 
        American citizens from terrorist incidents related to the 
        transport by rail of extremely hazardous materials.
            (3) Federal agencies have determined that hazardous 
        materials can be used as tools of destruction and terror and 
        that extremely hazardous materials are particularly vulnerable 
        to sabotage or misuse during transport.
            (4) The Federal Bureau of Investigation and the Central 
        Intelligence Agency have found evidence suggesting that 
        chemical tankers used to transport and store extremely 
        hazardous chemicals have been targeted by terrorist groups.
            (5) Rail shipments of extremely hazardous materials are 
        often routed through highly attractive targets and densely 
        populated areas, including within a few miles of the White 
        House and United States Capitol.
            (6) According to security experts, certain extremely 
        hazardous materials present a mass casualty terrorist potential 
        rivaled only by improvised nuclear devices, certain acts of 
        bioterrorism, and the collapse of large occupied buildings.
            (7) A report by the Chlorine Institute found that a 90-ton 
        rail tanker, if successfully targeted by an explosive device, 
        could cause a catastrophic release of an extremely hazardous 
        material, creating a toxic cloud 40 miles long and 10 miles 
        wide.
            (8) The Environmental Protection Agency estimates that in 
        an urban area a toxic cloud could extend for 14 miles.
            (9) The United States Naval Research Laboratories concluded 
        that a toxic plume of this type, created while there was a 
        public event on the National Mall, could kill or injure up to 
        100,000 people in less than 30 minutes.
            (10) According to security experts, rail shipments of 
        extremely hazardous materials are particularly vulnerable and 
        dangerous, however the Federal Government has made no material 
        reduction in the inherent vulnerability of hazardous chemical 
        targets inside the United States.
            (11) While the safety record related to rail shipments of 
        hazardous materials is very good, recent accidental releases of 
        extremely hazardous materials in rural South Carolina and San 
        Antonio, Texas, demonstrate the fatal danger posed by extremely 
        hazardous materials.
            (12) Security experts have determined that re-routing these 
        rail shipments is the only way to immediately eliminate this 
        danger in high threat areas, which currently puts hundreds of 
        thousands of people at risk.
            (13) Security experts have determined that the primary 
        benefit of re-routing the shipment of extremely hazardous 
        materials is a reduction in the number of people that would be 
        exposed to the deadly impact of the release due to an attack, 
        and the principal cost would be the additional operating 
        expense associated with possible increased mileage for the 
        shipment of extremely hazardous materials.
            (14) Less than 5 percent of all hazardous materials shipped 
        by rail will meet the definition of extremely hazardous 
        materials under this Act.

SEC. 242. DEFINITIONS.

    In this subtitle, the following definitions apply:
            (1) Extremely hazardous material.--The term ``extremely 
        hazardous material'' means any chemical, toxin, or other 
        material being shipped or stored in sufficient quantities to 
        represent an acute health threat or have a high likelihood of 
        causing injuries, casualties, or economic damage if 
        successfully targeted by a terrorist attack, including 
        materials that--
                    (A) are--
                            (i) toxic by inhalation;
                            (ii) extremely flammable; or
                            (iii) highly explosive;
                    (B) contain high level nuclear waste; or
                    (C) are otherwise designated by the Secretary as 
                extremely hazardous.
            (2) High threat corridor.--
                    (A) In general.--The term ``high threat corridor'' 
                means a geographic area that has been designated by the 
                Secretary as particularly vulnerable to damage from the 
                release of extremely hazardous materials, including--
                            (i) large populations centers;
                            (ii) areas important to national security;
                            (iii) areas that terrorists may be 
                        particularly likely to attack; or
                            (iv) any other area designated by the 
                        Secretary as vulnerable to damage from the rail 
                        shipment or storage of extremely hazardous 
                        materials.
                    (B) Other areas.--
                            (i) In general.--Any city that is not 
                        designated as a high threat corridor under 
                        subparagraph (A) may file a petition with the 
                        Secretary to be so designated.
                            (ii) Procedure.--The Secretary shall 
                        establish, by rule, regulation, or order, 
                        procedures for petitions under clause (i), 
                        including--
                                    (I) designating the local official 
                                eligible to file a petition;
                                    (II) establishing the criteria a 
                                city shall include in a petition;
                                    (III) allowing a city to submit 
                                evidence supporting its petition; and
                                    (IV) requiring the Secretary to 
                                rule on the petition not later than 60 
                                days after the date of submission of 
                                the petition.
                            (iii) Notice.--The Secretary's decision 
                        regarding any petition under clause (i) shall 
                        be communicated to the requesting city, the 
                        Governor of the State in which the city is 
                        located, and the Senators and Members of the 
                        House of Representatives that represent the 
                        State in which the city is located.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security or the Secretary's designee.
            (4) Storage.--The term ``storage'' means any temporary or 
        long-term storage of extremely hazardous materials in rail 
        tankers or any other medium utilized to transport extremely 
        hazardous materials by rail.

SEC. 243. REGULATIONS FOR TRANSPORT OF EXTREMELY HAZARDOUS MATERIALS.

    (a) Purposes of Regulations.--The regulations issued under this 
section shall establish a national, risk-based policy for extremely 
hazardous materials transported by rail or being stored. To the extent 
the Secretary determines appropriate, the regulations issued under this 
section shall be consistent with other Federal, State, and local 
regulations and international agreements relating to shipping or 
storing extremely hazardous materials.
    (b) Issuance of Regulations.--Not later than 90 days after the date 
of enactment of this Act, the Secretary shall issue, after notice and 
opportunity for public comment, regulations concerning the rail 
shipment and storage of extremely hazardous materials by owners and 
operators of railroads. In developing such regulations, the Secretary 
shall consult with other Federal, State, and local government entities, 
security experts, representatives of the hazardous materials rail 
shipping industry, labor unions representing persons who work with 
hazardous materials in the rail shipping industry, and other interested 
persons, including private sector interest groups.
    (c) Requirements.--The regulations issued under this section 
shall--
            (1) include a list of the high threat corridors designated 
        by the Secretary;
            (2) contain the criteria used by the Secretary to determine 
        whether an area qualifies as a high threat corridor;
            (3) include a list of extremely hazardous materials;
            (4) establish protocols for owners and operators of 
        railroads that ship extremely hazardous materials regarding 
        notifying all governors, mayors, and other designated officials 
        and local emergency responders in a high threat corridor of the 
        quantity and type of extremely hazardous materials that are 
        transported by rail through the high threat corridor;
            (5) require reports regarding the transport by railroad of 
        extremely hazardous materials by the Secretary to local 
        governmental officials designated by the Secretary, and Local 
        Emergency Planning Committees, established under the Emergency 
        Planning and Community Right to Know Act of 1986 (42 U.S.C. 
        11001 et seq.);
            (6) establish protocols for the coordination of Federal, 
        State, and local law enforcement authorities in creating a plan 
        to respond to a terrorist attack, sabotage, or accident 
        involving a rail shipment of extremely hazardous materials that 
        causes the release of such materials;
            (7) require that any rail shipment containing extremely 
        hazardous materials be re-routed around any high threat 
        corridor; and
            (8) establish standards for the Secretary to grant 
        exceptions to the re-routing requirement under paragraph (7).
    (d) High Threat Corridors.--
            (1) In general.--The criteria under subsection (c)(2) for 
        determining whether an area qualifies as a high threat corridor 
        may be the same criteria used for the distribution of funds 
        under the Urban Area Security Initiative Program.
            (2) Initial list.--If the Secretary is unable to complete 
        the review necessary to determine which areas should be 
        designated as high threat corridors within 90 days after the 
        date of enactment of this Act, the initial list shall be the 
        cities that received funding under the Urban Area Security 
        Initiative Program in fiscal year 2004.
    (e) Extremely Hazardous Materials List.--If the Secretary is unable 
to complete the review necessary to determine which materials should be 
designated extremely hazardous materials under subsection (c)(3) within 
90 days of the date of enactment of this Act, the initial list shall 
include--
            (1) explosives classified as Class 1, Division 1.1, or 
        Class 1, Division 1.2, under section 173.2 of title 49, Code of 
        Federal Regulations, in a quantity greater than 500 kilograms;
            (2) flammable gasses classified as Class 2, Division 2.1, 
        under section 173.2 of title 49, Code of Federal Regulations, 
        in a quantity greater than 10,000 liters;
            (3) poisonous gasses classified as Class 2, Division 2.3, 
        under section 173.2 of title 49, Code of Federal Regulations, 
        that are also assigned to Hazard Zones A or B under section 
        173.116 of title 49, Code of Federal Regulations, in a quantity 
        greater than 500 liters;
            (4) poisonous materials, other than gasses, classified as 
        Class 6, Division 6.1, under section 173.2 of title 49, Code of 
        Federal Regulations, that are also assigned to Hazard Zones A 
        or B under section 173.116 of title 49, Code of Federal 
        Regulations, in a quantity greater than 1,000 kilograms; and
            (5) anhydrous ammonia classified as Class 2, Division 2.2, 
        under section 173.2 of title 49, Code of Federal Regulations, 
        in a quantity greater than 1,000 kilograms.
    (f) Notification.--
            (1) In general.--The protocols under subsection (c)(4) 
        shall establish the required frequency of reporting by an owner 
        and operator of a railroad to the Governors, Mayors, and other 
        designated officials and local emergency responders in a high 
        threat corridor.
            (2) Reports to secretary.--The protocols under subsection 
        (c)(4) shall require owners and operators of railroad to make 
        annual reports to the Secretary regarding the transportation of 
        extremely hazardous materials, and to make quarterly updates if 
        there has been any significant change in the type, quantity, or 
        frequency of shipments.
            (3) Considerations.--In developing protocols under 
        subsection (c)(4), the Secretary shall consider both the 
        security needs of the United States and the interests of State 
        and local governmental officials.
    (g) Reports.--
            (1) Frequency.--
                    (A) In general.--The Secretary shall make an annual 
                report to local governmental officials and Local 
                Emergency Planning Committees under subsection (c)(5).
                    (B) Updates.--If there has been any significant 
                change in the type, quantity, or frequency of rail 
                shipments in a geographic area, the Secretary shall 
                make a quarterly update report to local governmental 
                officials and Local Emergency Planning Committees in 
                that geographic area.
            (2) Contents.--Each report made under subsection (c)(5) 
        shall incorporate information from the reports under subsection 
        (c)(4) and shall include--
                    (A) a good-faith estimate of the total number of 
                rail cars containing extremely hazardous materials 
                shipped through or stored in each metropolitan 
                statistical area; and
                    (B) if a release from a railcar carrying or storing 
                extremely hazardous materials is likely to harm persons 
                or property beyond the property of the owner or 
                operator of the railroad, a risk management plan that 
                provides--
                            (i) a hazard assessment of the potential 
                        effects of a release of the extremely hazardous 
                        materials, including--
                                    (I) an estimate of the potential 
                                release quantities; and
                                    (II) a determination of the 
                                downwind effects, including the 
                                potential exposures to affected 
                                populations;
                            (ii) a program to prevent a release of 
                        extremely hazardous materials, including--
                                    (I) security precautions;
                                    (II) monitoring programs; and
                                    (III) employee training measures 
                                utilized; and
                            (iii) an emergency response program that 
                        provides for specific actions to be taken in 
                        response to the release of an extremely 
                        hazardous material, including procedures for 
                        informing the public and Federal, State, and 
                        local agencies responsible for responding to 
                        the release of an extremely hazardous material.
    (h) Transportation and Storage of Extremely Hazardous Materials 
Through High Threat Corridors.--
            (1) In general.--The standards for the Secretary to grant 
        exceptions under subsection (c)(8) shall require a finding of 
        special circumstances by the Secretary, including that--
                    (A) the shipment originates in or is destined to 
                the high threat corridor;
                    (B) there is no practical alternate route;
                    (C) there is an unanticipated, temporary emergency 
                that threatens the lives of people in the high threat 
                corridor; or
                    (D) there would be no harm to persons or property 
                beyond the property of the owner or operator of the 
                railroad in the event of a successful terrorist attack 
                on the shipment.
            (2) Practical alternate routes.--Whether a shipper must 
        utilize an interchange agreement or otherwise utilize a system 
        of tracks or facilities owned by another operator shall not be 
        considered by the Secretary in determining whether there is a 
        practical alternate route under paragraph (1)(B).
            (3) Grant of exception.--If the Secretary grants an 
        exception under subsection (c)(8)--
                    (A) the extremely hazardous material may not be 
                stored in the high threat corridor, including under a 
                leased track or rail siding agreement; and
                    (B) the Secretary shall notify Federal, State, and 
                local law enforcement and first responder agencies 
                (including, if applicable, transit, railroad, or port 
                authority agencies) within the high threat corridor.

SEC. 244. SAFETY TRAINING.

    (a) Homeland Security Grant Program.--
            (1) In general.--The Secretary may award grants to local 
        governments and owners and operators of railroads to conduct 
        training regarding safety procedures for handling and 
        responding to emergencies involving extremely hazardous 
        materials.
            (2) Use of funds.--Grants under this subsection may be used 
        to provide training and purchase safety equipment for 
        individuals who--
                    (A) transport, load, unload, or are otherwise 
                involved in the shipment of extremely hazardous 
                materials;
                    (B) would respond to an accident or incident 
                involving a shipment of extremely hazardous materials; 
                and
                    (C) would repair transportation equipment and 
                facilities in the event of such an accident or 
                incident.
            (3) Application.--A local government or owner or operator 
        of a railroad desiring a grant under this subsection shall 
        submit an application at such time, in such manner, and 
        accompanied by such information as the Secretary may reasonably 
        establish.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated $100,000,000 for each of the fiscal years 
        2007 through 2011 to carry out this subsection.
    (b) Railway Hazmat Training Program.--
            (1) Program.--Section 5116(j) of title 49, United States 
        Code, is amended by adding at the end the following:
            ``(6) Railway hazmat training program.--
                    ``(A) In general.--In order to further the purposes 
                of subsection (b), the Secretary of Transportation 
                shall, subject to the availability of funds, make 
                grants to national nonprofit employee organizations 
                with experience in conducting training regarding the 
                transportation of hazardous materials on railways for 
                the purpose of training railway workers who are likely 
                to discover, witness, or otherwise identify a release 
                of extremely hazardous materials and to prevent or 
                respond appropriately to the incident.
                    ``(B) Delegation.--The Secretary of Transportation 
                shall delegate authority for the administration of the 
                Railway Hazmat Training Program to the Director of the 
                National Institute of Environmental Health Sciences 
                under subsection (g). In administering the program 
                under this paragraph, the Director of the National 
                Institute of Environmental Health Sciences shall 
                consult closely with the Secretary of Transportation 
                and the Secretary of Homeland Security.''.
            (2) Authorization of appropriations.--Section 5128 of title 
        49, United States Code, is amended by adding at the end the 
        following:
    ``(g) Railway Hazmat Training Program.--There are authorized to be 
appropriated $10,000,000 for each of the fiscal years 2007 through 
2011, to carry out section 5116(j)(6).''.

SEC. 245. RESEARCH AND DEVELOPMENT.

    (a) Transport.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall conduct a study of 
        the benefits and availability of technology and procedures that 
        may be utilized to--
                    (A) reduce the likelihood of a terrorist attack on 
                a rail shipment of extremely hazardous materials;
                    (B) reduce the likelihood of a catastrophic release 
                of extremely hazardous materials in the event of a 
                terrorist attack; and
                    (C) enhance the ability of first responders to 
                respond to a terrorist attack on a rail shipment of 
                extremely hazardous materials and other required 
                activities in the event of such an attack.
            (2) Matters studied.--The study conducted under this 
        subsection shall include the evaluation of--
                    (A) whether safer alternatives to 90-ton rail 
                tankers exist;
                    (B) the feasibility of requiring chemical shippers 
                to electronically track the movements of all shipments 
                of extremely hazardous materials and report this 
                information to the Department of Homeland Security on 
                an ongoing basis as such shipments are transported; and
                    (C) the feasibility of utilizing fingerprint based 
                access controls for all chemical conveyances.
            (3) Reporting.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit a report to 
        Congress describing the findings of the study conducted under 
        this subsection, which shall include recommendations and cost 
        estimates for securing shipments of extremely hazardous 
        materials.
    (b) Physical Security.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall conduct a study of 
        the physical security measures available for rail shipments of 
        extremely hazardous materials that will reduce the risk of 
        leakage or release in the event of a terrorist attack or 
        sabotage.
            (2) Matters studied.--The study conducted under this 
        subsection shall consider the use of passive secondary 
        containment of tanker valves, additional security force 
        personnel, surveillance technologies, barriers, decoy rail 
        cars, and methods to minimize delays during shipping.
            (3) Reporting.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit a report to 
        Congress describing the findings of the study conducted under 
        this subsection, which shall contain recommendations and cost 
        estimates for securing shipments of extremely hazardous 
        materials.
    (c) Leased Track Storage Arrangements.--
            (1) In general.--Not later than 90 days after enactment of 
        this Act, the Secretary shall conduct a study of available 
        alternatives to storing extremely hazardous materials in or on 
        leased track facilities.
            (2) Matters studied.--The study conducted under this 
        subsection shall--
                    (A) evaluate the extent of the use of leased track 
                facilities and the security measures that should be 
                taken to secure leased track facilities; and
                    (B) assess means to limit the consequences of an 
                attack on extremely hazardous materials stored on 
                leased track facilities to nearby communities.
            (3) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit a report to 
        Congress describing the findings of the study conducted under 
        this subsection, which shall contain recommendations and cost 
        estimates for securing shipments of extremely hazardous 
        materials.

SEC. 246. WHISTLEBLOWER PROTECTION.

    (a) Prohibition Against Discrimination.--No owner or operator of a 
railroad may discharge or otherwise discriminate against any employee 
with respect to compensation, terms, conditions, or privileges of 
employment because the employee (or any person acting under the request 
of the employee) provided information to the Secretary, the Attorney 
General, or any Federal supervisory agency regarding a possible 
violation of any provision of this subtitle by the owner or operator of 
a railroad or any director, officer, or employee of an owner or 
operator of a railroad.
    (b) Enforcement.--Any employee or former employee who believes that 
such employee has been discharged or discriminated against in violation 
of subsection (a) may file a civil action in the appropriate United 
States district court before the end of the 2-year period beginning on 
the date of such discharge or discrimination.
    (c) Remedies.--If the district court determines that a violation 
has occurred, the court may order the owner or operator of a railroad 
that committed the violation to--
            (1) reinstate the employee to the employee's former 
        position;
            (2) pay compensatory damages; or
            (3) take other appropriate actions to remedy any past 
        discrimination.
    (d) Limitation.--The protections of this section shall not apply to 
any employee who--
            (1) deliberately causes or participates in the alleged 
        violation of law or regulation; or
            (2) knowingly or recklessly provides substantially false 
        information to the Secretary, the Attorney General, or any 
        Federal supervisory agency.

SEC. 247. PENALTIES.

    (a) Right of Action.--
            (1) In general.--Any State or local government may bring a 
        civil action in a United States district court for redress of 
        injuries caused by a violation of this subtitle against any 
        person (other than an individual) who transports, loads, 
        unloads, or is otherwise involved in the shipping of extremely 
        hazardous materials by rail and who violated this subtitle.
            (2) Relief.--In an action under paragraph (1), a State or 
        local government may seek, for each violation of this 
        subtitle--
                    (A) an order for injunctive relief; and
                    (B) a civil penalty of not more than $1,000,000.
    (b) Administrative Penalties.--
            (1) In general.--The Secretary may issue an order imposing 
        an administrative penalty of not more than $1,000,000 for each 
        failure by a person (other than an individual) who transports, 
        loads, unloads, or is otherwise involved in the shipping of 
        extremely hazardous materials to comply with this subtitle.
            (2) Notice and hearing.--Before issuing an order under 
        paragraph (1), the Secretary shall provide the person who 
        allegedly violated this subtitle--
                    (A) written notice of the proposed order; and
                    (B) the opportunity to request, not later than 30 
                days after the date on which the person received the 
                notice, a hearing on the proposed order.
            (3) Procedures.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall issue regulations 
        establishing procedures for administrative hearings and the 
        appropriate review of penalties issued under this subsection, 
        including establishing deadlines.

                  Subtitle D--Chemical Plant Security

SEC. 261. PLANT SECURITY GRANTS.

    There are authorized to be appropriated $15,000,000 for each of 
fiscal years 2007 through 2011, to the Secretary of Homeland Security 
to make grants for improving the security of chemical plants.

                     Subtitle E--Seaport Protection

SEC. 281. FINDINGS.

    Congress makes the following findings:
            (1) The United States port system is a vital artery of the 
        economy of the United States. Almost 95 percent of all foreign 
        trade passes through 1 or more of the 361 ports in the United 
        States. Such seaports handle more than 2,000,000,000 tons of 
        domestic and international freight each year of which has a 
        value of more than $740,000,000. The shipment of cargo in 
        vessels creates employment for 13,000,000 people within the 
        United States.
            (2) The United States Coast Guard has estimated that, given 
        this tremendous commerce, a terrorist attack shutting down a 
        major port in the United States would have a $60,000,000 impact 
        on the United States economy during the first 30 days after 
        such an attack.
            (3) Although 6,000,000 cargo containers, each a possible 
        hiding place for a bomb or other weapon, are off-loaded at 
        ports in the United States each year, less than \1/10\ of these 
        containers are physically inspected. A container ship can carry 
        as many as 3,000 containers, each one weighing up to 45,000 
        pounds, hundreds of which may be off-loaded at a port.
            (4) The United States Coast Guard has estimated that the 
        maritime security requirements set for ports by the Maritime 
        Transportation Security Act of 2002 (Public Law 107-295; 116 
        Stat. 2064), which are critical to protecting United States 
        ports from a nuclear terrorist attack, will cost $5,400,000,000 
        to implement over a 10-year period.

SEC. 282. PORT SECURITY GRANT FUNDING.

    Section 70107(h) of title 46, United States Code, is amended to 
read as follows:
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out subsections (a) through (g) 
$1,000,000,000 for each of the fiscal years 2007 through 2011.''.

                       Subtitle F--Bag Screening

SEC. 291. CHECKED BAG SCREENING.

    There are authorized to be appropriated $200,000,000 for each of 
the fiscal years 2007 through 2011, to the Transportation Security 
Administration to ensure adequate screening of all checked passenger 
luggage and cargo on commercial flights.
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