[Congressional Record Volume 150, Number 122 (Friday, October 1, 2004)]
[Senate]
[Pages S10278-S10285]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       RAIL SECURITY ACT OF 2004

  Mr. FRIST. I ask unanimous consent that the Senate proceed to the 
immediate consideration of Calendar 536, S. 2273.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2273) to provide increased rail transportation 
     security, which had been reported from the Committee on 
     Commerce, Science, and Transportation, with amendments, as 
     follows:
       [Strike the parts shown in black brackets and insert the 
     parts shown in italic.]

                                S. 2273

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Rail 
     Security Act of 2004''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Rail transportation security risk assessment.
Sec. 3. Rail security.
Sec. 4. Study of foreign rail transport security programs.
Sec. 5. Passenger, baggage, and cargo screening.
Sec. 6. Certain personnel limitations not to apply.
[Sec. 7. Fire and life safety improvements.
[Sec. 8. Transportation security.]
Sec. 7. Fire and life-safety improvements.
Sec. 8. Memorandum of agreement.
Sec. 9. Amtrak plan to assist families of passengers involved in rail 
              passenger accidents.
[Sec. 10. System-wide Amtrak security upgrades.]
Sec. 10. Systemwide Amtrak security upgrades.
Sec. 11. Freight and passenger rail security upgrades.
[Sec. 12. Department of Transportation oversight.]
Sec. 12. Oversight and grant procedures.
Sec. 13. Rail security research and development.
Sec. 14. Welded rail and tank car safety improvements.
Sec. 15. Northern Border rail passenger report.
Sec. 16. Report regarding impact on security of train travel in 
              communities without grade separation.
Sec. 17. Whistleblower protection program.

     SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Vulnerability assessment.--The Under Secretary of 
     Homeland Security for Border and Transportation Security, in 
     consultation with the Secretary of Transportation, shall 
     complete a vulnerability assessment of freight and passenger 
     rail transportation (encompassing [rail carriers,] railroads, 
     as that term is defined in section 20102(1) of title 49, 
     United States Code). The assessment shall include--
       (A) identification and evaluation of critical assets and 
     infrastructures;
       (B) identification of threats to those assets and 
     infrastructures;
       (C) identification of vulnerabilities that are specific to 
     the transportation of hazardous materials via railroad; and
       (D) identification of security weaknesses in passenger and 
     cargo security, transportation infrastructure, protection 
     systems, procedural policies, communications systems, 
     employee training, emergency response planning, and any other 
     area identified by the assessment.
       (2) Existing private and public sector efforts.--The 
     assessment shall take into account actions taken or planned 
     by both public and private entities to address identified 
     security issues and assess the effective integration of such 
     actions.
       (3) Recommendations.--Based on the assessment conducted 
     under paragraph (1), the Under Secretary, in consultation 
     with the Secretary of Transportation, shall develop 
     prioritized recommendations for improving rail security, 
     including any recommendations the Under Secretary has for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching 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 [weapon detection equipment;] 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 [economic 
     impact] osts of measures that may be required to address 
     those risks.
       (4) Plans.--The report required by subsection (c) shall 
     include--
       (A) a plan, developed in consultation with the freight and 
     intercity passenger railroads, and State and local 
     governments, for the government to provide increased security 
     support at high or severe threat levels of alert; and
       (B) a plan for coordinating rail security initiatives 
     undertaken by the public and private sectors.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment required by subsection (a), the Under 
     Secretary of Homeland Security for Border and Transportation 
     Security shall consult with rail management, rail labor, 
     owners or lessors of rail cars used to transport hazardous 
     materials, first responders, shippers of hazardous materials, 
     public safety officials (including those within other 
     agencies and offices within the Department of Homeland 
     [Security)] Security), and other relevant parties.
       (c) Report.--
       (1) Contents.--Within 180 days after the date of enactment 
     of this Act, the Under Secretary shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report containing the assessment and 
     prioritized recommendations required by subsection (a) and an 
     estimate of the cost to implement such recommendations.
       (2) Format.--The Under Secretary may submit the report in 
     both classified and redacted formats if the Under Secretary 
     determines that such action is appropriate or necessary.
       (d) 2-Year Updates.--The Under Secretary, in consultation 
     with the Secretary of Transportation, shall update the 
     assessment and recommendations every 2 years and transmit a 
     report, which may be submitted in both classified and 
     redacted formats, to the Committees named in subsection 
     (c)(1), containing the updated assessment and 
     recommendations.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Homeland 
     Security for Border and Transportation Security $5,000,000 
     for fiscal year 2005 for the purpose of carrying out this 
     section.

[[Page S10279]]

     SEC. 3. RAIL SECURITY.

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

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

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

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

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

     SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

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

     [SEC. 7. FIRE AND LIFE SAFETY IMPROVEMENTS.]

     SEC. 7. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) [Life Safety] 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, NY, Baltimore, 
     MD, and Washington, DC.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     purposes of carrying out subsection (a) the following 
     amounts:
       (1) For the 6 New York tunnels to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers--
       (A) $100,000,000 for fiscal year 2005;
       (B) $100,000,000 for fiscal year 2006;
       (C) $100,000,000 for fiscal year 2007;
       (D) $100,000,000 for fiscal year 2008; and
       (E) $170,000,000 for fiscal year 2009.
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $10,000,000 for fiscal year 2005;
       (B) $10,000,000 for fiscal year 2006;
       (C) $10,000,000 for fiscal year 2007;
       (D) $10,000,000 for fiscal year 2008; and
       (E) $17,000,000 for fiscal year 2009.
       (3) For the Washington, DC Union Station tunnels to improve 
     ventilation, communication, lighting, and passenger egress 
     upgrades--
       (A) $8,000,000 for fiscal year 2005;
       (B) $8,000,000 for fiscal year 2006;
       (C) $8,000,000 for fiscal year 2007;
       (D) $8,000,000 for fiscal year 2008; and
       (E) $8,000,000 for fiscal year 2009.
       (c) Infrastructure Upgrades.--There are authorized to be 
     appropriated to the Secretary of Transportation for fiscal 
     year 2005 $3,000,000 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts 
     appropriated pursuant to this section shall remain available 
     until expended.
       (e) [Plan] Plans Required.--The Secretary may not make 
     amounts available to Amtrak for obligation or expenditure 
     under subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded pursuant to this 
     section, the Secretary has approved a project management plan 
     prepared by Amtrak addressing 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 [matter] matters the Secretary deems 
     [appropriate;] appropriate.
       (f) Review of Plans.--The Secretary of Transportation shall 
     complete the review of the plans required by paragraphs (1) 
     and (2) of subsection (e) and approve or disapprove the plans 
     within 45 days after the date on which each such plan is 
     submitted by Amtrak. 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, 
     within 30 days after receiving the Secretary's notification, 
     submit a modified plan for the Secretary's review. Within 15 
     days after receiving additional information on items 
     previously included in the plan, and within 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 Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure 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 within 15 days 
     thereafter on a process for resolving the remaining portions 
     of the plan.
       [(f)] (g) Financial Contribution From Other Tunnel Users.--
     The Secretary shall, taking into account the need for the 
     timely completion of all [life safety] portions of the tunnel 
     projects described in subsection (a)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) [seek] obtain financial contributions or commitments 
     from such other rail carriers at levels reflecting the extent 
     of their use of the [tunnels.] tunnels, if feasible.

     [SEC. 8. TRANSPORTATION SECURITY.]

     SEC. 8. MEMORANDUM OF AGREEMENT.

       (a) Memorandum of Agreement.--Within 60 days after the date 
     of enactment of this Act, the Secretary of Transportation and 
     the [Under Secretary of Homeland Security for Border and 
     Transportation Security] 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. 9. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED 
                   IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

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

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Rail Security Act of 2004, 
     Amtrak shall submit to the Chairman of the National 
     Transportation Safety Board 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:

[[Page S10280]]

       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety [Board,] 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 and Amtrak] 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 
     2005 to carry out this section. Amounts appropriated pursuant 
     to this subsection shall remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:

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

     [SEC. 10. SYSTEM-WIDE AMTRAK SECURITY UPGRADES.]

     SEC. 10. 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, Baltimore, and Washington, DC;
       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the Under Secretary;
       (5) to obtain train tracking and 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 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] and, for capital projects, meet the 
     requirements of section 7(e)(2). The plan shall include 
     appropriate measures to address security awareness, emergency 
     response, and passenger evacuation training.
       (c) Equitable Geographic Allocation.--The [Secretary] 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) Availability of Funds.--There are authorized to be 
     appropriated to the Under Secretary of Homeland Security for 
     Border and Transportation Security [$62,500,000] $63,500,000 
     for fiscal year 2005 for the purposes of carrying out this 
     section. Amounts appropriated pursuant to this subsection 
     shall remain available until expended.

     SEC. 11. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

       (a) Security Improvement Grants.--The Under Secretary of 
     Homeland Security for Border and Transportation Security is 
     authorized to make grants to freight railroads, the Alaska 
     Railroad, hazardous materials shippers, owners of rail cars 
     used in the transportation of hazardous materials, 
     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 [pressurized 
     tank cars] 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; [and]
       (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
       [(8)] (11) other improvements recommended by the report 
     required by section 2, including infrastructure, facilities, 
     and equipment upgrades.
       (b) Accountability.--The Under Secretary shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this Act and the priorities and other criteria 
     developed by the Under Secretary.
       (c) 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.
       [(c)] (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) of 
     this Act.
       [(d) Tank Car Replacement Incentive.--A grant under 
     subsection (a)(5) may be for up to 15 percent of the cost of 
     the modification or replacement of a pressurized tank car.]
       (e) Allocation Between Railroads and Others.--Unless as a 
     result of the assessment required by section 2 the Under 
     Secretary of Homeland Security for Border and Transportation 
     Security determines that critical rail transportation 
     security needs require reimbursement in greater amounts to 
     any eligible entity, no grants under this section may be 
     made--
       (1) in excess of $65,000,000 to Amtrak; or
       (2) in excess of $100,000,000 for the purposes described in 
     paragraphs (3) and (4) (5) of subsection (a).
       [(f) Procedures for Grant Award.--The Under Secretary shall 
     prescribe procedures and schedules for the awarding of grants 
     under this title, including application and qualification 
     procedures (including a requirement that the applicant have a 
     security plan), and a record of decision on applicant 
     eligibility. The procedures shall include the execution of a 
     grant agreement between the grant recipient and the Under 
     Secretary. The Under Secretary shall issue a final rule 
     establishing the procedures not later than 90 days after the 
     date of enactment of this Act.
       (g)] (f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Under Secretary of 
     Homeland Security for Border and Transportation Security 
     [$250,000,000] $350,000,000 for fiscal year 2005 to carry out 
     the purposes of this section. Amounts appropriated pursuant 
     to this subsection shall remain available until expended.
       (g) 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.

     [SEC. 12. DEPARTMENT OF TRANSPORTATION OVERSIGHT.]

     SEC. 12. OVERSIGHT AND GRANT PROCEDURES.

       (a) Secretarial Oversight.--The Secretary of Transportation 
     may use up to 0.5

[[Page S10281]]

     percent of amounts made available to Amtrak for capital 
     projects under the Rail Security Act of 2004 to enter into 
     contracts for the review of proposed capital projects and 
     related program management plans and to oversee construction 
     of such projects.
       (b) Use of Funds.--The Secretary may use amounts available 
     under subsection (a) of this subsection to make contracts for 
     safety, procurement, management, and financial compliance 
     reviews and audits of a recipient of amounts under subsection 
     (a).
       (c) Procedures for Grant Award.--The Under 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 Under 
     Secretary. The Under Secretary shall issue a final rule 
     establishing the procedures not later than 90 days after the 
     date of enactment of this Act.

     SEC. 13. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Under Secretary of Homeland Security for Border and 
     Transportation Security, in conjunction with the Secretary of 
     Transportation, shall carry out a research and development 
     program for the purpose of improving freight and intercity 
     passenger rail [security, including] security that may 
     include research and development projects to--
       (1) reduce the vulnerability of passenger trains, stations, 
     and equipment to [explosives;] 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 [toxic-inhalation chemicals; and] high 
     hazard materials (as defined in section 11(g) of this Act;
       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public [safety.] safety;
       (6) other projects recommended in the report required by 
     section 2.
       (b) Coordination With Other Research Initiatives.--The 
     Under Secretary of Homeland Security for Border and 
     Transportation Security shall ensure that the research and 
     development program authorized by this section is coordinated 
     with other research and development initiatives at the 
     Department and the Department of Transportation. The Under 
     Secretary of Homeland Security for Border and Transportation 
     Security shall carry out any research and development project 
     authorized by this section through a reimbursable agreement 
     with the Secretary of Transportation if the Secretary of 
     Transportation--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.
       [(c) Accountability.--The Under Secretary of Homeland 
     Security for Border and Transportation Security shall carry 
     out any research and development project authorized by this 
     section through a reimbursable agreement with the Secretary 
     of Transportation if the Secretary of Transportation--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.]
       (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 2005 and 2006 to carry out the 
     purposes of this section. Amounts appropriated pursuant to 
     this subsection shall remain available until expended.

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

       (a) Track Standards.--Within 90 days after the date of 
     enactment of this Act, the Federal Railroad Administration 
     shall--
       (1) require each [railroad] track owner using continuous 
     welded rail track to include procedures (in its [program] 
     procedures filed with the [Administration) that] 
     Administration pursuant to 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 
     Administration determines that it is necessary or 
     appropriate, require railroads to increase the frequency or 
     improve the methods of inspection of joint bars in continuous 
     welded rail.
       (b) Tank Car Standards.--The Federal Railroad 
     Administration shall--
       (1) within 1 year after the date of enactment of this Act, 
     validate the predictive model it is developing to quantify 
     the [maximum] relevant dynamic forces acting on railroad tank 
     cars under accident conditions; and
       (2) within 18 months after the date of enactment of this 
     Act, initiate a rulemaking to develop and implement 
     appropriate design standards for pressurized tank cars.
       (c) Older Tank Car Impact Resistance Analysis and Report.--
     Within 2 years after the date of enactment of this Act, the 
     Federal Railroad [Administration, in coordination with the 
     National Transportation Safety Board, shall--] 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) transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure with 
     recommendations for measures to eliminate or mitigate the 
     risk of catastrophic failure.

     SEC. 15. NORTHERN BORDER RAIL PASSENGER REPORT.

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

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

       (a) Study.--The Secretary of Homeland Security shall, in 
     consultation with State and local government officials, 
     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 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate on the findings of the study conducted under 
     subsection (a) and recommendations for reducing the impact of 
     blocked crossings on emergency response.

     SEC. 17. WHISTLEBLOWER PROTECTION PROGRAM.

       (a) In General.--Subchapter A 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 
     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

[[Page S10282]]

       ``(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 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 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) of this title, 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) of this 
     subsection, 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) of this 
     subsection 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.''.

  Mr. FRIST. I ask unanimous consent that the committee reported 
amendments be agreed to, the bill, as amended, be read the third time 
and passed, and the motion to reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The bill (S. 2273), as amended, was read the third time and passed, 
as follows:

                                S. 2273

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Rail 
     Security Act of 2004''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Rail transportation security risk assessment.
Sec. 3. Rail security.
Sec. 4. Study of foreign rail transport security programs.
Sec. 5. Passenger, baggage, and cargo screening.
Sec. 6. Certain personnel limitations not to apply.
Sec. 7. Fire and life-safety improvements.
Sec. 8. Memorandum of agreement.
Sec. 9. Amtrak plan to assist families of passengers involved in rail 
              passenger accidents.
Sec. 10. Systemwide Amtrak security upgrades.
Sec. 11. Freight and passenger rail security upgrades.
Sec. 12. Oversight and grant procedures.
Sec. 13. Rail security research and development.
Sec. 14. Welded rail and tank car safety improvements.
Sec. 15. Northern Border rail passenger report.
Sec. 16. Report regarding impact on security of train travel in 
              communities without grade separation.
Sec. 17. Whistleblower protection program.

     SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Vulnerability assessment.--The Under Secretary of 
     Homeland Security for Border and Transportation Security, in 
     consultation with the Secretary of Transportation, shall 
     complete a vulnerability assessment of freight and passenger 
     rail transportation (encompassing railroads, as that term is 
     defined in section 20102(1) of title 49, United States Code). 
     The assessment shall include--
       (A) identification and evaluation of critical assets and 
     infrastructures;
       (B) identification of threats to those assets and 
     infrastructures;
       (C) identification of vulnerabilities that are specific to 
     the transportation of hazardous materials via railroad; and
       (D) identification of security weaknesses in passenger and 
     cargo security, transportation infrastructure, protection 
     systems, procedural policies, communications systems, 
     employee training, emergency response planning, and any other 
     area identified by the assessment.
       (2) Existing private and public sector efforts.--The 
     assessment shall take into account actions taken or planned 
     by both public and private entities to address identified 
     security issues and assess the effective integration of such 
     actions.
       (3) Recommendations.--Based on the assessment conducted 
     under paragraph (1), the Under Secretary, in consultation 
     with the Secretary of Transportation, shall develop 
     prioritized recommendations for improving rail security, 
     including any recommendations the Under Secretary has for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching 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.
       (4) Plans.--The report required by subsection (c) shall 
     include--
       (A) a plan, developed in consultation with the freight and 
     intercity passenger railroads, and State and local 
     governments, for the government to provide increased security 
     support at high or severe threat levels of alert; and
       (B) a plan for coordinating rail security initiatives 
     undertaken by the public and private sectors.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment required by subsection (a), the Under 
     Secretary of Homeland Security for Border and Transportation 
     Security shall consult with rail management, rail labor, 
     owners or lessors of rail cars used to transport hazardous 
     materials, 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.--Within 180 days after the date of enactment 
     of this Act, the Under Secretary shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report containing the assessment and 
     prioritized recommendations required by subsection (a) and an 
     estimate of the cost to implement such recommendations.
       (2) Format.--The Under Secretary may submit the report in 
     both classified and redacted formats if the Under Secretary 
     determines that such action is appropriate or necessary.
       (d) 2-Year Updates.--The Under Secretary, in consultation 
     with the Secretary of Transportation, shall update the 
     assessment and recommendations every 2 years and transmit a 
     report, which may be submitted in both classified and 
     redacted formats, to the Committees named in subsection 
     (c)(1), containing the updated assessment and 
     recommendations.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Homeland 
     Security for Border and Transportation Security $5,000,000 
     for fiscal year 2005 for the purpose of carrying out this 
     section.

     SEC. 3. RAIL SECURITY.

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

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

       (a) Requirement for Study.--Within one year after the date 
     of enactment of the Rail Security Act of 2004, the 
     Comptroller General shall complete a study of the rail 
     passenger transportation security programs that are carried 
     out for rail transportation systems in Japan, member nations 
     of the European Union, and other foreign countries.
       (b) Purpose.--The purpose of the study shall be to identify 
     effective rail transportation security measures that are in 
     use in foreign rail transportation systems, including 
     innovative measures and screening procedures determined 
     effective.
       (c) Report.--The Comptroller General shall submit a report 
     on the results of the study to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure. The report shall include the Comptroller 
     General's

[[Page S10283]]

     assessment regarding whether it is feasible to implement 
     within the United States any of the same or similar security 
     measures that are determined effective under the study.

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

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

     SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

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

     SEC. 7. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-safety Needs.--The Secretary of Transportation is 
     authorized to make grants to Amtrak for the purpose of making 
     fire and life-safety improvements to Amtrak tunnels on the 
     Northeast Corridor in New York, NY, Baltimore, MD, and 
     Washington, DC.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     purposes of carrying out subsection (a) the following 
     amounts:
       (1) For the 6 New York tunnels to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers--
       (A) $100,000,000 for fiscal year 2005;
       (B) $100,000,000 for fiscal year 2006;
       (C) $100,000,000 for fiscal year 2007;
       (D) $100,000,000 for fiscal year 2008; and
       (E) $170,000,000 for fiscal year 2009.
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $10,000,000 for fiscal year 2005;
       (B) $10,000,000 for fiscal year 2006;
       (C) $10,000,000 for fiscal year 2007;
       (D) $10,000,000 for fiscal year 2008; and
       (E) $17,000,000 for fiscal year 2009.
       (3) For the Washington, DC Union Station tunnels to improve 
     ventilation, communication, lighting, and passenger egress 
     upgrades--
       (A) $8,000,000 for fiscal year 2005;
       (B) $8,000,000 for fiscal year 2006;
       (C) $8,000,000 for fiscal year 2007;
       (D) $8,000,000 for fiscal year 2008; and
       (E) $8,000,000 for fiscal year 2009.
       (c) Infrastructure Upgrades.--There are authorized to be 
     appropriated to the Secretary of Transportation for fiscal 
     year 2005 $3,000,000 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts 
     appropriated pursuant to this section shall remain available 
     until expended.
       (e) Plans Required.--The Secretary may not make amounts 
     available to Amtrak for obligation or expenditure under 
     subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded pursuant to this 
     section, the Secretary has approved a project management plan 
     prepared by Amtrak addressing 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 deems 
     appropriate.
       (f) Review of Plans.--The Secretary of Transportation shall 
     complete the review of the plans required by paragraphs (1) 
     and (2) of subsection (e) and approve or disapprove the plans 
     within 45 days after the date on which each such plan is 
     submitted by Amtrak. 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, 
     within 30 days after receiving the Secretary's notification, 
     submit a modified plan for the Secretary's review. Within 15 
     days after receiving additional information on items 
     previously included in the plan, and within 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 Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure 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 within 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. 8. MEMORANDUM OF AGREEMENT.

       (a) Memorandum of Agreement.--Within 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. 9. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED 
                   IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

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

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Rail Security Act of 2004, 
     Amtrak shall submit to the Chairman of the National 
     Transportation Safety Board 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

[[Page S10284]]

     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 
     2005 to carry out this section. Amounts appropriated pursuant 
     to this subsection shall remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:

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

     SEC. 10. 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, Baltimore, and Washington, DC;
       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the Under Secretary;
       (5) to obtain train tracking and 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 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 7(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) Availability of Funds.--There are authorized to be 
     appropriated to the Under Secretary of Homeland Security for 
     Border and Transportation Security $63,500,000 for fiscal 
     year 2005 for the purposes of carrying out this section. 
     Amounts appropriated pursuant to this subsection shall remain 
     available until expended.

     SEC. 11. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

       (a) Security Improvement Grants.--The Under Secretary of 
     Homeland Security for Border and Transportation Security is 
     authorized to make grants to freight railroads, the Alaska 
     Railroad, hazardous materials shippers, owners of rail cars 
     used in the transportation of hazardous materials, 
     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 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 
     by section 2, including infrastructure, facilities, and 
     equipment upgrades.
       (b) Accountability.--The Under Secretary shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this Act and the priorities and other criteria 
     developed by the Under Secretary.
       (c) 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 10(b) of this Act.
       (e) Allocation Between Railroads and Others.--Unless as a 
     result of the assessment required by section 2 the Under 
     Secretary of Homeland Security for Border and Transportation 
     Security determines that critical rail transportation 
     security needs require reimbursement in greater amounts to 
     any eligible entity, no grants under this section may be 
     made--
       (1) in excess of $65,000,000 to Amtrak; or
       (2) in excess of $100,000,000 for the purposes described in 
     paragraphs (3) and (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 2005 to carry out the purposes of this 
     section. Amounts appropriated pursuant to this subsection 
     shall remain available until expended.
       (g) 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.

     SEC. 12. OVERSIGHT AND GRANT PROCEDURES.

       (a) Secretarial Oversight.--The Secretary of Transportation 
     may use up to 0.5 percent of amounts made available to Amtrak 
     for capital projects under the Rail Security Act of 2004 to 
     enter into contracts for the review of proposed capital 
     projects and related program management plans and to oversee 
     construction of such projects.
       (b) Use of Funds.--The Secretary may use amounts available 
     under subsection (a) of this subsection to make contracts for 
     safety, procurement, management, and financial compliance 
     reviews and audits of a recipient of amounts under subsection 
     (a).
       (c) Procedures for Grant Award.--The Under 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 Under 
     Secretary. The Under Secretary shall issue a final rule 
     establishing the procedures not later than 90 days after the 
     date of enactment of this Act.

     SEC. 13. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Under Secretary of Homeland Security for Border and 
     Transportation Security, in conjunction with the Secretary of 
     Transportation, shall carry out a research and development 
     program for the purpose of improving freight and intercity 
     passenger rail security 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) of this Act;
       (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 by 
     section 2.

[[Page S10285]]

       (b) Coordination With Other Research Initiatives.--The 
     Under Secretary of Homeland Security for Border and 
     Transportation Security shall ensure that the research and 
     development program authorized by this section is coordinated 
     with other research and development initiatives at the 
     Department and the Department of Transportation. The Under 
     Secretary of Homeland Security for Border and Transportation 
     Security shall carry out any research and development project 
     authorized by this section through a reimbursable agreement 
     with the Secretary of Transportation if the Secretary of 
     Transportation--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.
       (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 2005 and 2006 to carry out the 
     purposes of this section. Amounts appropriated pursuant to 
     this subsection shall remain available until expended.

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

       (a) Track Standards.--Within 90 days after the date of 
     enactment of this Act, the Federal Railroad Administration 
     shall--
       (1) require each track owner using continuous welded rail 
     track to include procedures (in its procedures filed with the 
     Administration pursuant to 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 
     Administration determines that it is necessary or 
     appropriate, require railroads to increase the frequency or 
     improve the methods of inspection of joint bars in continuous 
     welded rail.
       (b) Tank Car Standards.--The Federal Railroad 
     Administration shall--
       (1) within 1 year after the date of enactment of this Act, 
     validate the predictive model it is developing to quantify 
     the relevant dynamic forces acting on railroad tank cars 
     under accident conditions; and
       (2) within 18 months after the date of enactment of this 
     Act, initiate a rulemaking to develop and implement 
     appropriate design standards for pressurized tank cars.
       (c) Older Tank Car Impact Resistance Analysis and Report.--
     Within 2 years after the date of enactment of this Act, the 
     Federal Railroad Administration shall--
       (1) conduct a comprehensive analysis to determine the 
     impact resistance of the steels in the shells of pressure 
     tank cars constructed before 1989; and
       (2) transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure with 
     recommendations for measures to eliminate or mitigate the 
     risk of catastrophic failure.

     SEC. 15. NORTHERN BORDER RAIL PASSENGER REPORT.

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

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

       (a) Study.--The Secretary of Homeland Security shall, in 
     consultation with State and local government officials, 
     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 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate on the findings of the study conducted under 
     subsection (a) and recommendations for reducing the impact of 
     blocked crossings on emergency response.

     SEC. 17. WHISTLEBLOWER PROTECTION PROGRAM.

       (a) In General.--Subchapter A 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 
     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 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 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) of this title, 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) of this 
     subsection, 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) of this 
     subsection 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.''.

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