II 110th CONGRESS 1st Session S. 83 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

1.

Short title

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

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.

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.

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.

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.

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.

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.

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,.

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:

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. .

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.

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.

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.

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.

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.

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.

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.

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:

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. .