[Congressional Record Volume 151, Number 92 (Monday, July 11, 2005)]
[Senate]
[Pages S7989-S7996]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCAIN (for himself and Mr. Dorgan):
  S. 1374. A bill to amend the Homeland Security Act of 2002 to provide 
for a border preparedness pilot program on Indian land; read the first 
time.
  Mr. McCAIN. Mr. President, I am pleased to introduce a bill that 
authorizes the Secretary or Homeland Security to establish a pilot 
program to enhance an Indian tribe's response to border activity. I am 
pleased to be joined by the vice chairman of the Indian Affairs 
Committee, Senator Byron Dorgan, and my good friend and colleague from 
Arizona, Senator Jon Kyl, as original cosponsors of this bill.
  This bill establishes a pilot program to enhance tribal first 
responder capabilities, provide assistance for surveillance 
technologies and communication capabilities and to facilitate 
coordination and cooperation with Federal, State, local and tribal 
governments along the international border. The criteria for 
participation in the pilot program is to be prescribed by the Secretary 
taking into consideration the tribes' proximity to the border and the 
extent to which border crossing activity impacts existing tribal 
resources.
  This bill is substantially similar to Section 132 of S. 536, the 
Native American Omnibus Act of 2005, which was unanimously passed out 
of the Committee on Indian Affairs earlier this year. It has been 
modified to address several concerns including to clarify that it does 
not alter the original jurisdiction or traditional role of the Federal 
agencies responding to border crimes or any Indian tribe.
  Several Indian tribes inhabit land on or easily accessible to the 
United States and Canada and Mexico. This bill recognizes that these 
tribes are exceptionally vulnerable to border crimes. And, although 
enforcement of our immigration laws and border security is a Federal 
responsibility, these tribes continue to bear extraordinary costs in 
responding to border crimes and almost always divert funds intended for 
local police and welfare services to do so. For example, a tribal 
police officer may see suspicious drug or immigrant smuggling activity 
occurring within the Indian tribes boundaries or come upon an accident 
scene or death involving illegal immigrants or drug smugglers. The 
tribal officer is required to notify Federal officials and render aid 
to the injured. The Federal official may be hours away and the tribal 
police are usually asked to detain the suspects or possibly transport 
them to medical aid. Meanwhile, the tribal police agency is unable to 
respond to community calls for service. Additionally, tribal police are 
intimately familiar with their territory and are able to provide 
Federal agencies with information that is useful in fulfilling their 
responsibilities.
  I recognize that Federal and State agencies play the primary role in 
these efforts. However, in specific areas of this Nation, tribal 
government police, fire and emergency services often provide the first 
and often only response because of their access to the border. A 
tribe's proximity to the border and its responsibility for public 
safety and welfare of their members requires that they respond. Simply 
put, Indian tribes situated close to the international border are 
vulnerable and greatly impacted and we must acknowledge their daily 
role in responding to border crimes. This bill gives them added tools 
to do so.
  I ask unanimous consent that my remarks and the full text of the bill 
be included in the Record.

                                S. 1374

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

     SECTION 1. BORDER PREPAREDNESS ON INDIAN LAND.

       Subtitle D of title IV of the Homeland Security Act of 2002 
     (6 U.S.C. 251 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 447. BORDER PREPAREDNESS PILOT PROGRAM ON INDIAN LAND.

       ``(a) Definitions.--In this section:
       ``(1) Indian land.--The term `Indian land' means--
       ``(A) all land within the boundaries of any Indian 
     reservation; and
       ``(B) any land the title to which is--
       ``(i) held in trust by the United States for the benefit of 
     an Indian tribe or individual; or
       ``(ii) held by any Indian tribe or individual--

       ``(I) subject to a restriction by the United States against 
     alienation; and
       ``(II) over which an Indian tribe exercises governmental 
     authority.

       ``(2) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community that is recognized by the Secretary as--
       ``(A) eligible for the special programs and services 
     provided by the United States to Indians because of their 
     status as Indians; and
       ``(B) possessing powers of self-government.
       ``(3) Tribal government.--The term `tribal government' 
     means the governing body of an Indian tribe.
       ``(b) Purpose.--The purpose of this section is to require 
     the Secretary, acting through the Office of Domestic 
     Preparedness, to establish a pilot program for not fewer than 
     6 tribal governments on Indian land located on or near the 
     border of the United States with Canada or Mexico in order 
     to--
       ``(1) facilitate the coordination of the response of an 
     Indian tribe to a threat to the security of an international 
     border of the United States with the responses of Federal, 
     State, and local governments;
       ``(2) enhance the capability of an Indian tribe as a first 
     responder to an illegal crossing of an immigrant over an 
     international border of the United States;
       ``(3) provide training and technical assistance to Indian 
     tribes in the use by the tribes of effective surveillance 
     technologies, integrated communication systems and equipment, 
     and personnel training; and
       ``(4) provide technical advice and assistance to Indian 
     tribes to plan and implement strategies to detect and 
     prevent--
       ``(A) any illegal entry by a person into the land of the 
     tribes; and
       ``(B) the transportation of any illegal substance within or 
     near the boundaries of the land of the tribes.
       ``(c) Pilot Program.--

[[Page S7990]]

       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary, acting through 
     the Office of Domestic Preparedness, shall establish a pilot 
     program under which the Secretary provides direct grants to 
     eligible tribal governments, as determined by the Secretary, 
     to achieve the purposes of this section.
       ``(2) Use of funds and assistance.--
       ``(A) In general.--A tribal government shall use any funds 
     or assistance provided under paragraph (1) consistent with 
     the purposes of this section.
       ``(B) Administration by tribal governments.--A tribal 
     government that receives any funds or assistance under 
     paragraph (1) shall administer the funds or assistance in 
     accordance with any requirement or regulation promulgated by 
     the Secretary.
       ``(3) Selection criteria.--In selecting a tribal government 
     to receive funds or assistance under paragraph (1), the 
     Secretary may take into consideration--
       ``(A) the distance between the Indian land in the 
     jurisdiction of the tribal government and an international 
     border of the United States;
       ``(B) the extent to which the resources of the Indian tribe 
     are affected by--
       ``(i) a border enforcement effort; or
       ``(ii) the threat of illegal immigration; and
       ``(C) the interests of the Indian tribe.
       ``(d) Reports.--
       ``(1) Tribal governments.--
       ``(A) In general.--Not later than 1 year after receiving 
     funds or assistance under subsection (c) and annually 
     thereafter, a tribal government shall submit to the Secretary 
     a report in such a manner and containing such information as 
     the Secretary may require.
       ``(B) Inclusion.--A report under subparagraph (A) shall 
     include a description of--
       ``(i) any funds or assistance received by the tribal 
     government under this section;
       ``(ii) the use of the funds or assistance by the tribal 
     government;
       ``(iii) any obstacle encountered by the tribal government 
     in administering the funds or assistance; and
       ``(iv) any accomplishment made or obstacle encountered by 
     the tribal government in developing a cooperative effort with 
     another Indian tribe, the Federal Government, or a State or 
     local government, and the effect of the accomplishment or 
     obstacle on the tribe.
       ``(2) Secretary.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing--
       ``(A) the information contained in the reports under 
     paragraph (1);
       ``(B) the degree of success of--
       ``(i) the Secretary in implementing the pilot program; and
       ``(ii) each project under the pilot program under 
     subsection (c) in achieving the goals of the pilot program; 
     and
       ``(C) any recommendation, including a legislative 
     recommendation, of the Secretary relating to the pilot 
     program.
       ``(e) Effect of Section.--Nothing in this section affects--
       ``(1) the authority of the Commissioner of the Bureau of 
     Customs and Border Protection; or
       ``(2) any authority of an Indian tribe, tribal 
     organization, or tribal government participating in a program 
     under this section.
       ``(f) Effect of Fund Allocation.--Any funds allocated under 
     this section shall be in addition to, and not in lieu of, any 
     funds available to an Indian tribe, tribal organization, or 
     tribal government under this Act.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,500,000 for 
     each of fiscal years 2006 through 2008.''.

                              S. Res. 194

       Relative to the death of Gaylord A. Nelson, former United 
     States Senator for the State of Wisconsin.
       Whereas Gaylord A. Nelson served in the United States Army 
     from 1942-1946;
       Whereas Gaylord A. Nelson served as Governor of the State 
     of Wisconsin from 1959-1963;
       Whereas Gaylord A. Nelson served the people of Wisconsin 
     with distinction for 18 years in the United States Senate;
       Whereas Gaylord A. Nelson served the Senate as Chairman of 
     the Select Committee on Small Business from the Ninety-Third 
     through the Ninety-Sixth Congresses and as Chairman of the 
     Special Committee on Official Conduct in the Ninety-Fifth 
     Congress;
       Whereas Gaylord A. Nelson received the Presidential Medal 
     of Freedom in 1995;
       Resolved, That the Senate has heard with profound sorrow 
     and deep regret the announcement of the death of the 
     Honorable Gaylord A. Nelson, former member of the United 
     States Senate.
       Resolved, That the Secretary of the Senate communicate 
     these resolutions to the House of Representatives and 
     transmit an enrolled copy thereof to the family of the 
     deceased.
       Resolved, That when the Senate adjourns today, it stand 
     adjourned as a further mark of respect to the memory of the 
     Honorable Gaylord A. Nelson.
                                 ______
                                 
      By Mr. McCAIN (for himself, Mr. Dorgan, and Mr. Kyl):
  S. 1375. A bill to amend the Indian Arts and Crafts Act of 1990 to 
modify provisions relating to criminal proceedings and civil actions, 
and for other purposes; read the first time.
  Mr. McCAIN. Mr. President, today I rise to introduce a much needed 
amendment to the Indian Arts and Crafts Act. I am pleased to be joined 
by the vice chairman of the Indian Affairs Committee, Senator Byron 
Dorgan, and my good friend and colleague from Arizona, Senator Jon Kyl 
as original cosponsors of this bill.
  This bill expands the existing Federal investigative authority by 
authorizing other Federal investigative bodies, such as the BIA Office 
of Law Enforcement, in addition to the FBI, to investigate cases of 
misrepresentation of Indian arts and crafts. This bill is substantially 
the same as Section 111 of the Native American Omnibus Act, S. 536, 
which passed out of the Committee on Indian Affairs earlier this year. 
This bill also addresses concerns that were raised by the 
administration.
  A major source of tribal and individual Indian income is derived from 
the sale of handmade Indian arts and crafts. Yet, today, millions of 
dollars are diverted each year from these original artists and Indian 
tribes by those who reproduce and sell counterfeit Indian goods. 
However, it is my understanding that few, if any, criminal prosecutions 
have been brought in Federal court for such violations. It is 
understandable that enforcing the criminal law that prohibits the sale 
of Indian arts and crafts misrepresented as an Indian product is often 
stalled by the other responsibilities of the FBI including 
investigating terrorism activity and violent crimes in Indian country. 
Therefore, expanding the investigative authority to include other 
Federal agencies is intended to promote the active investigation of 
alleged misconduct. It is my hope that with this much needed change 
will deter those who dare to violate the act.
  I ask unanimous consent that text of the bill be printed in the 
Record.

                                S. 1375

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Indian Arts and Crafts 
     Amendments Act of 2005''.

     SEC. 2. INDIAN ARTS AND CRAFTS.

       (a) Criminal Proceedings; Civil Actions; 
     Misrepresentations.--Section 5 of the Act entitled ``An Act 
     to promote the development of Indian arts and crafts and to 
     create a board to assist therein, and for other purposes'' 
     (25 U.S.C. 305d) is amended to read as follows:

     ``SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.

       ``(a) Definition of Federal Law Enforcement Officer.--In 
     this section, the term `Federal law enforcement officer' 
     includes--
       ``(1) a Federal law enforcement officer (as defined in 
     section 115(c) of title 18, United States Code); and
       ``(2) with respect to a violation of this Act that occurs 
     outside Indian country (as defined in section 1151 of title 
     18, United States Code), an officer that has authority under 
     section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 
     2802), acting in coordination with a Federal law enforcement 
     agency that has jurisdiction over the violation.
       ``(b) Criminal Proceedings.--
       ``(1) Referral.--On receiving a complaint of a violation of 
     section 1159 of title 18, United States Code, the Board may 
     refer the complaint to any Federal law enforcement officer 
     for appropriate investigation.
       ``(2) Findings.--The findings of an investigation under 
     paragraph (1) shall be submitted to--
       ``(A) the Attorney General; and
       ``(B) the Board.
       ``(3) Recommendations.--On receiving the findings of an 
     investigation in accordance with paragraph (2), the Board 
     may--
       ``(A) recommend to the Attorney General that criminal 
     proceedings be initiated under section 1159 of that title; 
     and
       ``(B) provide such support to the Attorney General relating 
     to the criminal proceedings as the Attorney General 
     determines appropriate.
       ``(c) Civil Actions.--In lieu of, or in addition to, any 
     criminal proceeding under subsection (a), the Board may 
     recommend that the Attorney General initiate a civil action 
     pursuant to section 6.''.
       (b) Cause of Action for Misrepresentation.--Section 6 of 
     the Act entitled ``An Act to promote the development of 
     Indian arts and crafts and to create a board to assist 
     therein, and for other purposes'' (25 U.S.C. 305e) is 
     amended--
       (1) by striking subsection (d);
       (2) by redesignating subsections (a) through (c) as 
     subsections (b) through (d), respectively;
       (3) by inserting before subsection (b) (as redesignated by 
     paragraph (2)) the following:
       ``(a) Definitions.--In this section:
       ``(1) Indian.--The term `Indian' means an individual that--
       ``(A) is a member of an Indian tribe; or
       ``(B) is certified as an Indian artisan by an Indian tribe.
       ``(2) Indian product.--The term `Indian product' has the 
     meaning given the term in any regulation promulgated by the 
     Secretary.

[[Page S7991]]

       ``(3) Indian tribe.--
       ``(A) In general.--The term `Indian tribe' has the meaning 
     given the term in section 4 of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450b).
       ``(B) Inclusion.--The term `Indian tribe' includes an 
     Indian group that has been formally recognized as an Indian 
     tribe by--
       ``(i) a State legislature;
       ``(ii) a State commission; or
       ``(iii) another similar organization vested with State 
     legislative tribal recognition authority.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.'';
       (4) in subsection (b) (as redesignated by paragraph (2)), 
     by striking ``subsection (c)'' and inserting ``subsection 
     (d)'';
       (5) in subsection (c) (as redesignated by paragraph (2))--
       (A) by striking ``subsection (a)'' and inserting 
     ``subsection (b)''; and
       (B) by striking ``suit'' and inserting ``the civil 
     action'';
       (6) by striking subsection (d) (as redesignated by 
     paragraph (2)) and inserting the following:
       ``(d) Persons That May Initiate Civil Actions.--
       ``(1) In general.--A civil action under subsection (b) may 
     be initiated by--
       ``(A) the Attorney General, at the request of the Secretary 
     acting on behalf of--
       ``(i) an Indian tribe;
       ``(ii) an Indian; or
       ``(iii) an Indian arts and crafts organization;
       ``(B) an Indian tribe, acting on behalf of--
       ``(i) the tribe;
       ``(ii) a member of that tribe; or
       ``(iii) an Indian arts and crafts organization;
       ``(C) an Indian; or
       ``(D) an Indian arts and crafts organization.
       ``(2) Disposition of amounts recovered.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an amount recovered in a civil action under this section 
     shall be paid to the Indian tribe, the Indian, or the Indian 
     arts and crafts organization on the behalf of which the civil 
     action was initiated.
       ``(B) Exceptions.--
       ``(i) Attorney general.--In the case of a civil action 
     initiated under paragraph (1)(A), the Attorney General may 
     deduct from the amount--

       ``(I) the amount of the cost of the civil action and 
     reasonable attorney's fees awarded under subsection (c), to 
     be deposited in the Treasury and credited to appropriations 
     available to the Attorney General on the date on which the 
     amount is recovered; and
       ``(II) the amount of the costs of investigation awarded 
     under subsection (c), to reimburse the Board for the 
     activities of the Board relating to the civil action.

       ``(ii) Indian tribe.--In the case of a civil action 
     initiated under paragraph (1)(B), the Indian tribe may deduct 
     from the amount--

       ``(I) the amount of the cost of the civil action; and
       ``(II) reasonable attorney's fees.''; and

       (7) in subsection (e), by striking ``(e) In the event 
     that'' and inserting the following:
       ``(e) Savings Provision.--If''.
       (c) Conforming Amendment.--Section 1159(c) of title 18, 
     United States Code, is amended by striking paragraph (3) and 
     inserting the following:
       ``(3) the term `Indian tribe'--
       ``(A) has the meaning given the term in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b); and
       ``(B) includes an Indian group that has been formally 
     recognized as an Indian tribe by--
       ``(i) a State legislature;
       ``(ii) a State commission; or
       ``(iii) another similar organization vested with State 
     legislative tribal recognition authority; and''.

  Mr. KYL. Mr. President, today I am pleased to join with Senator 
McCain to introduce the Indian Arts and Crafts Amendments Act of 2005. 
This legislation strengthens the investigative and enforcement 
authorities of the underlying Indian Arts and Crafts Act of 1990.
  Native arts and crafts are the only indigenous art of America. 
Unauthentic reproductions and mass produced knock offs undercut sales 
of genuine articles, discouraging young Native Americans from learning 
traditional artisans' techniques and their decisions to pursue jobs in 
other industries. The end result is that if less Native people are 
practicing their arts, those traditions risk extinction. It would be a 
tremendous loss to the entire country's cultural heritage to lose these 
traditions.
  The Indian Arts and Crafts Act of 1990, which I coauthored with now 
retired Senator Ben Nighthorse Campbell when we were both Members of 
the House of Representatives, was enacted in response to growing sales 
of arts and crafts products misrepresented as being produced by 
Indians. It is a truth-in-advertising law, with civil and criminal 
provisions, that prohibits the marketing of products as ``Indian made'' 
when such products are not made by Indians as defined by the act. It is 
intended to protect Indian artists and craftspeople, businesses, 
tribes, consumers and our cultural heritage.
  Since the passage of the 1990 Act, we have had an opportunity to 
assess its effectiveness and make changes as necessary through the 
legislative process. Last year, now retired Senator Campbell and I, on 
the recommendation of the Indian Arts and Crafts Board, agreed to 
consider amending the act to strengthen its investigative authority and 
enforcement provisions. The Board was becoming concerned that the 
Federal Bureau of Investigation, charged with investigating violations 
of the act, needed some help. Fewer complaints that had been referred 
for investigation were receiving the attention they deserved and 
meritorious cases were not making it to the Attorney General for 
prosecution. During the last Congress, we proposed amending the act to 
strengthen the investigative and enforcement authorities, but these 
amendments were not enacted prior to adjournment.
  I am happy to say, the new Indian Affairs Committee chairman, Senator 
McCain, recognized these concerns still existed, and we agreed to work 
together to address them. The Amendments we are introducing today build 
upon the work in the last Congress. When enacted, they will make the 
act even more effective. The amendments expand the investigative 
authority under the act to include all Federal law enforcement officers 
as defined in 18 U.S.C. Section 115 (c)(1). Expanding the investigative 
authority to include other Federal law enforcement beyond the Federal 
Bureau of Investigation will permit agencies with expertise in Indian 
issues and cultural resources, such as the Bureau of Indian Affairs law 
enforcement and the Department of Interior Cultural Resources, to 
thoroughly investigate complaints and work with Department of Justice 
attorneys to enforce these cases. The FBI will still have the ability 
to conduct such investigations should it choose to do so. I hope it 
will.
  These amendments also recognize the important role of the Attorney 
General in enforcement. The amendments require the transmission of all 
investigation reports from Federal investigators to the Attorney 
General. The Attorney General can work directly with the investigators, 
and prosecute cases that warrant prosecution without waiting for the 
report to be referred by the Indian Arts and Crafts Board. This is an 
efficiency measure and is not designed to take away any authority the 
Board has to refer cases to the Attorney General. The Board will 
continue to receive all investigative reports and make referrals.
  I believe these amendments to the act will strengthen the 
investigative and enforcement authority under the act and increase the 
number of complaints that are investigated and prosecuted. These 
violations are serious, and we need to provide the necessary federal 
resources to put an end to these crimes and preserve the cultural 
heritage of our Native people. I look forward to swift passage of these 
amendments.
                                 ______
                                 
      By Mr. COCHRAN (for himself, Mr. Stevens, Mr. Warner, Mr. Dodd, 
        Mr. Akaka, and Mr. Burns):
  S. 1376. A bill to improve and expand geographic literacy among 
kindergarten through grade 12 students in the United States by 
improving professional development programs for kindergarten through 
grade 12 teachers offered through institutions of higher education; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. COCHRAN. Mr. President, today, I am introducing the Teaching 
Geography is Fundamental Act. I am pleased to be joined by Senators 
Stevens, Dodd, Warner, Burns, and Akaka. The Act's purpose is to 
improve geographic literacy among K-12 students in the United States by 
improving professional development programs for K-12 teachers offered 
through institutions of higher education. The bill also assists States 
in measuring the impact of education in geography.
  To begin to understand other people, we need to understand ourselves. 
Eudora Welty said that understanding begins with a sense of place. When 
we understand our own environment, we can better understand the 
differences in other places, and the people who live

[[Page S7992]]

in them. The diversity of cultures, land, and distances between states 
within our nation is the first evidence we have that a good 
understanding of geography is necessary. According to the National 
Geographic Society, home is where the knowledge of geography begins.
  The 2005 publication, What Works in Geography, reported that 
elementary school geography instruction significantly improves student 
achievement. And, the 2002 National Geographic-Roper Global Geographic 
Literacy Survey shows that more than half of American adults best able 
to read a map had taken a high school geography course. That's the good 
news. Unfortunately, other recent studies show us that nearly one third 
of our elementary schools have reduced the number of geography courses 
in the last few years, and only 7 percent of our Nation's fourth 
graders are taught by teachers with specific undergraduate or graduate 
experience in geography. Geography is taught by less than 9 percent of 
K-12 social studies teachers and not even one quarter of high school 
students graduate with a geography class.
  To expect that Americans will be able to work economically and 
diplomatically with the other people in this world, we need to be able 
to communicate and understand each other. It is a fact that we have a 
global marketplace, and that will continue to be the case. We need to 
be preparing our younger generations for global competition and 
ensuring that they have a strong base to be able to participate in 
future industry. Geography knowledge improves those job opportunities.
  Approximately 20 percent of the U.S. GDP, that's $2.3 trillion 
annually, results from international trade. According to the CIA World 
Factbook of 2005, many U.S. workers need geographic knowledge for this 
global economy. Geographic knowledge is increasingly needed for U.S. 
businesses in international markets. For example, the inadvertent 
placing of Kashmir outside of Indian territory on a time zone map in a 
widely used computer operating system forced a costly recall, fix, and 
reissue of the software.
  A comprehensive geography education provides training in geospatial 
technologies, such as remote sensing and geographic information 
systems. This high-growth industry is expected to reach $30 billion in 
annual revenues by the end of 2005, up from $5 billion in 2002. 
Geospatial technologies are one of the three biggest emerging fields 
identified by the Department of Labor, and they are providing 75,000 
new jobs annually. A strong geographic education system is a necessity 
for this industry's continuing advancement.
  Geography literacy is essential to a well prepared citizenry in the 
21st Century. Last year, then Secretary of State Colin Powell said, 
``To solve most of the major problems facing our county today--from 
wiping out terrorism, to minimizing global environmental problems, to 
eliminating the scourge of AIDS--will require every young person to 
learn more about other regions, cultures, and languages.''
  We need to do more to ensure that the teachers responsible for the 
education of our students, from kindergarten through high school 
graduation, are prepared to participate constructively in solving those 
problems. Over the last 15 years, the National Geographic Society has 
awarded more than $100 million in grants to educators, universities, 
geography alliances, and others for the purposes of advancing and 
improving the teaching of geography. Their models are successful and 
research shows that students who have benefitted from this teaching out 
perform other students. State geography alliances exist in 19 States, 
including Mississippi, endowed by grants from the society. It is clear 
that their efforts alone are not enough. My bill establishes a Federal 
commitment to enhance the education of our teachers, focus on geography 
education research, and develop reliable, advanced technology based 
classroom materials.
  I hope the Senate will consider the seriousness of the need to invest 
in geography and I invite other Senators to cosponsor the Teaching 
Geography is Fundamental Act.
                                 ______
                                 
      By Mr. McCAIN:
  S. 1379. A bill to provide increased rail transportation security; to 
the Committee on Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, we are all deeply saddened by the tragic 
loss of life caused by the terrorist attacks in London last week. Those 
incidents are a painful reminder of the cruel nature of our enemies in 
this war, and of what we must do to fight and win against those who 
wish to eradicate our way of life.
  I have said on many occasions that we cannot just play defense in 
this war, that instead we must take the fight to the enemy. Still, we 
must do what is possible to protect Americans at home. To that end, the 
Senate passed by unanimous consent last year the Rail Security Act of 
2004, rail security legislation that, unfortunately, was not approved 
by the House of Representatives. The London bombings and the attacks on 
Madrid's commuter rail system last year demonstrate all too vividly the 
continuing need for this legislation.
  Our Nation's transit system, Amtrak, and the freight railroads, I am 
sad to say, remain vulnerable to terrorist attacks. Though we have 
increased dramatically our security capabilities since 9/11, we have 
more to do. For example, since 9/11, only modest resources have been 
dedicated to rail security, and efforts to address rail security remain 
fragmented despite the constant and tragic reminders abroad that we are 
in desperate need of deliberate action. In fact, the Department of 
Homeland Security has not yet completed a vulnerability assessment for 
the rail system, nor is there an integrated security plan that reflects 
the unique characteristics of passenger and freight rail operations.
  The legislation I am introducing today, which is nearly identical to 
the Rail Security Act of 2004, would authorize resources to ensure rail 
transportation security receives a high priority in our efforts to 
secure our country from terrorism. The legislation directs DHS to 
complete a vulnerability assessment for the rail system and make 
recommendations for addressing security weaknesses within 180 days of 
enactment. It would also authorize funding to address long-standing 
fire and life-safety needs for several tunnels along the Northeast 
Corridor, and would authorize appropriations to meet immediate security 
needs for intercity and freight rail transportation. Further, as 
recommended by the Government Accountability Office, the bill would 
require DHS to sign a memorandum of agreement with the Department of 
Transportation to add clarity to each department's roles and 
responsibilities with respect to rail security. It is my expectation 
that this memorandum would supplement and add detail to the memorandum 
of understanding between the two departments signed on September 28, 
2004.
  The freight railroads, individual commuter authorities, and Amtrak 
have, on their own initiative, completed risk assessments and taken 
steps to safeguard passengers, facilities, and cargo. These efforts, 
accomplished at a very small cost to the Federal Government, have 
helped make our rail system safer. The legislation introduced today 
will augment these efforts and bring these individual initiatives 
together in a coordinated rail security program.
  I trust that the Senate will move quickly to once again pass this 
essential legislation. We owe at least that much to the American people 
as we continue our struggle against an enemy that wants nothing less 
than to destroy everything we stand for and believe in.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

                                S. 1379

       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 2005''.
       (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.

[[Page S7993]]

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 2006 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 2005, 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 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 2006.

     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 2006;
       (B) $100,000,000 for fiscal year 2007;
       (C) $100,000,000 for fiscal year 2008;
       (D) $100,000,000 for fiscal year 2009; and
       (E) $170,000,000 for fiscal year 2010.
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide

[[Page S7994]]

     adequate drainage, ventilation, communication, lighting, and 
     passenger egress upgrades--
       (A) $10,000,000 for fiscal year 2006;
       (B) $10,000,000 for fiscal year 2007;
       (C) $10,000,000 for fiscal year 2008;
       (D) $10,000,000 for fiscal year 2009; and
       (E) $17,000,000 for fiscal year 2010.
       (3) For the Washington, DC Union Station tunnels to improve 
     ventilation, communication, lighting, and passenger egress 
     upgrades--
       (A) $8,000,000 for fiscal year 2006;
       (B) $8,000,000 for fiscal year 2007;
       (C) $8,000,000 for fiscal year 2008;
       (D) $8,000,000 for fiscal year 2009; and
       (E) $8,000,000 for fiscal year 2010.
       (c) Infrastructure Upgrades.--There are authorized to be 
     appropriated to the Secretary of Transportation for fiscal 
     year 2006 $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 2005, 
     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 
     2006 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

[[Page S7995]]

     Transportation Security $63,500,000 for fiscal year 2006 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 2006 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 2005 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.
       (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 2006 and 2007 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.

[[Page S7996]]

     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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