[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 83 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 83

           To provide increased rail transportation security


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2007

   Mr. McCain (for himself, Ms. Snowe, Mr. Biden, and Mr. Lieberman) 
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.

    This Act may be cited as the ``Rail Security Act of 2007''.

SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Vulnerability assessment.--The Assistant Secretary of 
        Homeland Security for the Transportation Security 
        Administration (referred to in this Act as the ``Assistant 
        Secretary''), in consultation with the Secretary of 
        Transportation, shall conduct 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), which 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 conducted under this subsection 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 this subsection, the Assistant Secretary, in consultation 
        with the Secretary of Transportation, shall develop prioritized 
        recommendations for improving rail security, including any 
        recommendations the Assistant 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 Assistant 
                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.
    (b) Consultation; Use of Existing Resources.--In carrying out the 
assessment required by subsection (a), the Assistant Secretary 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 
        the enactment of this Act, the Assistant Secretary 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--
                    (A) the assessment and prioritized recommendations 
                required by subsection (a) and an estimate of the cost 
                to implement such recommendations;
                    (B) 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
                    (C) a plan for coordinating rail security 
                initiatives undertaken by the public and private 
                sectors.
            (2) Format.--The Assistant Secretary may submit the report 
        in both classified and redacted formats if the Assistant 
        Secretary determines that such action is appropriate or 
        necessary.
    (d) 2-Year Updates.--The Assistant 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 Assistant Secretary $5,000,000 for fiscal year 2008 
to carry 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.--Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Transportation, in 
consultation with the Assistant Secretary, 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.--Not later than 1 year after the date of 
the 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 conducted 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 conducted 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. 5. PASSENGER, BAGGAGE, AND CARGO SCREENING.

    (a) Requirement for Study and Report.--The Assistant Secretary, in 
cooperation with the Secretary of Transportation, shall--
            (1) conduct a study to 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 the enactment 
        of this Act, submit a report containing the results of the 
        study and any recommendations that the Assistant Secretary may 
        have for implementing a rail security screening program to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
    (b) Pilot Program.--As part of the study conducted under subsection 
(a), the Assistant Secretary shall complete a pilot program of random 
security screening of passengers and baggage at 5 passenger rail 
stations served by Amtrak, which shall be selected by the Assistant 
Secretary. In conducting the pilot program under this subsection, the 
Assistant 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 before the passenger 
        boarding a train; and
            (3) 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 and Amtrak passengers.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Assistant Secretary to carry out this section 
$5,000,000 for fiscal year 2008.

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 may award 
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, D.C.
    (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 2008;
                    (B) $100,000,000 for fiscal year 2009;
                    (C) $100,000,000 for fiscal year 2010; and
                    (D) $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 2008;
                    (B) $10,000,000 for fiscal year 2009;
                    (C) $10,000,000 for fiscal year 2010; and
                    (D) $17,000,000 for fiscal year 2011.
            (3) For the Washington, DC Union Station tunnels to improve 
        ventilation, communication, lighting, and passenger egress 
        upgrades--
                    (A) $8,000,000 for fiscal year 2008;
                    (B) $8,000,000 for fiscal year 2009;
                    (C) $8,000,000 for fiscal year 2010; and
                    (D) $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 2008 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) 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 under this section, the 
        Secretary has approved a project management plan prepared by 
        Amtrak that appropriately addresses--
                    (A) project budget;
                    (B) construction schedule;
                    (C) recipient staff organization;
                    (D) document control and record keeping;
                    (E) change order procedure;
                    (F) quality control and assurance;
                    (G) periodic plan updates;
                    (H) periodic status reports; and
                    (I) such other matters the Secretary determines to 
                be appropriate.
    (f) Review of Plans.--
            (1) Completion.--The Secretary of Transportation shall 
        complete the review of the plans required under paragraphs (1) 
        and (2) of 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) Incomplete plans.--If the Secretary determines that a 
        plan is incomplete or deficient--
                    (A) the Secretary shall notify Amtrak of the 
                incomplete items or deficiencies; and
                    (B) not later than 30 days after receiving the 
                Secretary's notification under subparagraph (A), Amtrak 
                shall 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--
                    (A) approve the modified plan; or
                    (B) if the Secretary finds the plan is still 
                incomplete or deficient--
                            (i) submit a report to the Committee on 
                        Commerce, Science, and Transportation of the 
                        Senate and the Committee on Transportation and 
                        Infrastructure of the House of Representatives 
                        that identifies the portions of the plan the 
                        Secretary finds incomplete or deficient;
                            (ii) approve all other portions of the 
                        plan;
                            (iii) obligate the funds associated with 
                        those other portions; and
                            (iv) 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 
of Transportation 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. 8. MEMORANDUM OF AGREEMENT.

    (a) Memorandum of Agreement.--Not later than 60 days after the date 
of the 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 ``railroad safety'' and inserting 
``railroad 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 2007, 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 will 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 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, 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, 
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 2008 to carry out this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.''.
    (b) Conforming Amendment.--The analysis for chapter 243 of title 
49, United States Code, is amended by adding at the end the following:

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

SEC. 10. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

    (a) In General.--Subject to subsection (c), the Assistant Secretary 
may award 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, D.C.;
            (2) to secure Amtrak trains;
            (3) to secure Amtrak stations;
            (4) to obtain a watch list identification system approved 
        by the Assistant 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; and
            (7) to expand emergency preparedness efforts.
    (b) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak for projects under subsection (a) unless--
            (1) the projects are contained in a systemwide security 
        plan approved by the Assistant Secretary, in consultation with 
        the Secretary of Transportation;
            (2) capital projects meet the requirements under section 
        7(e)(2); and
            (3) the plan includes appropriate measures to address 
        security awareness, emergency response, and passenger 
        evacuation training.
    (c) Equitable Geographic Allocation.--The Assistant 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 
under this section.
    (d) Availability of Funds.--There are authorized to be appropriated 
to the Assistant Secretary $63,500,000 for fiscal year 2008 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 Assistant Secretary may award 
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 international border between the United States and 
        Mexico or the international border between the United States 
        and Canada;
            (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 high hazard materials 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) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;
            (10) to hire additional police and security officers, 
        including canine units; and
            (11) other improvements recommended by the report required 
        under section 2(c), including infrastructure, facilities, and 
        equipment upgrades.
    (b) Accountability.--The Assistant Secretary shall adopt necessary 
procedures, including audits, to ensure that grants awarded under this 
section are expended in accordance with the purposes of this Act and 
the priorities and other criteria developed by the Assistant Secretary.
    (c) Equitable Allocation.--The Assistant 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 Assistant Secretary shall also take into account 
passenger volume and whether a station is used by commuter rail 
passengers and 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 _10(b).
    (e) Allocation Between Railroads and Others.--Unless the Assistant 
Secretary determines, as a result of the assessment required by section 
2, that critical rail transportation security needs require 
reimbursement in greater amounts to any eligible entity, a grant may 
not be awarded under this section--
            (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) High Hazard Materials Defined.--In this section, the term 
``high hazard materials'' means poison inhalation hazard materials, 
class 2.3 gases, class 6.1 materials, and anhydrous ammonia.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Assistant Secretary $350,000,000 for fiscal year 
2008 to carry out the purposes of this section. Amounts appropriated 
pursuant to this subsection shall remain available until expended.

SEC. 12. OVERSIGHT AND GRANT PROCEDURES.

    (a) Secretarial Oversight.--The Secretary of Transportation may use 
not more than 0.5 percent of amounts made available to Amtrak for 
capital projects under this Act--
            (1) to enter into contracts for the review of proposed 
        capital projects and related program management plans; and
            (2) to oversee construction of such projects.
    (b) Use of Funds.--The Secretary may use amounts available under 
subsection (a) to make contracts for safety, procurement, management, 
and financial compliance reviews and audits of a recipient of amounts 
under subsection (a).
    (c) Procedures for Grant Award.--The Assistant Secretary shall 
prescribe procedures and schedules for the awarding of grants under 
this Act, 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 
Assistant Secretary. The Assistant Secretary shall issue a final rule 
establishing the procedures not later than 90 days after the date of 
the enactment of this Act.

SEC. 13. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Assistant Secretary, 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-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 high hazard materials (as 
                defined in section 11(g));
                    (C) techniques to transfer hazardous materials from 
                rail cars that are damaged or otherwise represent an 
                unreasonable risk to human life or public safety;
            (6) other projects recommended in the report required under 
        section 02.
    (b) Coordination With Other Research Initiatives.--The Assistant 
Secretary shall ensure that the research and development program under 
this section is coordinated with other research and development 
initiatives at the Department of Homeland Security and the Department 
of Transportation. The Assistant Secretary shall carry out any research 
and development project authorized under this section through a 
reimbursable agreement with the Secretary of Transportation if the 
Secretary--
            (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.
    (c) Accountability.--The Assistant 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 Assistant Secretary.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Assistant Secretary $50,000,000 in each of fiscal 
years 2008 and 2009 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.--Not later than 90 days after the date of the 
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 to improve the identification of 
        cracks in rail joint bars in the procedures filed with the 
        Administration under section 213.119 of title 49, Code of 
        Federal Regulations;
            (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--
                    (A) periodically review continuous welded rail 
                joint bar inspection data from railroads and 
                Administration track inspectors; and
                    (B) require railroads to increase the frequency or 
                improve the methods of inspection of joint bars in 
                continuous welded rail, if the Administrator determines 
                that such increase or improvement is necessary or 
                appropriate.
    (b) Tank Car Standards.--The Administrator of the Federal Railroad 
Administration shall--
            (1) not later than 1 year after the date of the 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 the 
        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 the 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 a report to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives that contains recommendations for measures to 
        eliminate or mitigate the risk of catastrophic failure.

SEC. 15. NORTHERN BORDER RAIL PASSENGER REPORT.

    Not later than 180 days after the date of the enactment of this 
Act, the Assistant Secretary, in consultation with the heads of other 
appropriate Federal departments and agencies and the National Railroad 
Passenger Corporation, shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
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 
        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 existing Federal law 
        necessary to provide for pre-screening of such passengers and 
        providing pre-screened passenger lists to the Department of 
        Homeland Security.

SEC. 16. REPORT REGARDING IMPACT ON SECURITY OF TRAIN TRAVEL IN 
              COMMUNITIES WITHOUT GRADE SEPARATION.

    (a) Study.--The Secretary of Homeland Security, in consultation 
with State and local government officials, shall conduct a study on the 
impact of blocked highway-railroad grade crossings on the ability of 
emergency responders, including ambulances and police, fire, and other 
emergency vehicles, to perform public safety and security duties in the 
event of a terrorist attack.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit a report 
to the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives that contains--
            (1) the findings of the study conducted under subsection 
        (a); and
            (2) recommendations for reducing the impact of blocked 
        crossings on emergency response.

SEC. 17. 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.--A rail carrier engaged in 
interstate or foreign commerce may not discharge a railroad employee or 
otherwise discriminate against a railroad employee because the employee 
(or any person acting pursuant to 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; or
            ``(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 3 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 the filing date. 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) In general.--Except as provided in paragraph (2), 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 without the written 
        consent of the employee.
            ``(2) Enforcement.--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 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.''.
                                 <all>