[Congressional Record Volume 152, Number 110 (Friday, September 8, 2006)]
[Senate]
[Pages S9256-S9260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4922. Mr. McCAIN (for himself, Ms. Snowe, Mr. DeWine, Mr. Biden, 
and Mr. Lieberman) submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through

[[Page S9257]]

enhanced layered defenses, and for other purposes; as follows:

       At the appropriate place in the bill, insert the following:

                  TITLE __--RAIL SECURITY ACT OF 2006

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Rail Security Act of 
     2006''.

     SEC. __02. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Vulnerability assessment.--The Under Secretary of 
     Homeland Security for Border and Transportation Security 
     (referred to in this title as the ``Under Secretary''), in 
     consultation with the Secretary of Transportation, shall 
     conduct a vulnerability assessment of freight and passenger 
     rail transportation (encompassing railroads, as that term is 
     defined in section 20102(1) of title 49, United States Code), 
     which shall include--
       (A) identification and evaluation of critical assets and 
     infrastructures;
       (B) identification of threats to those assets and 
     infrastructures;
       (C) identification of vulnerabilities that are specific to 
     the transportation of hazardous materials via railroad; and
       (D) identification of security weaknesses in passenger and 
     cargo security, transportation infrastructure, protection 
     systems, procedural policies, communications systems, 
     employee training, emergency response planning, and any other 
     area identified by the assessment.
       (2) Existing private and public sector efforts.--The 
     assessment conducted under this subsection shall take into 
     account actions taken or planned by both public and private 
     entities to address identified security issues and assess the 
     effective integration of such actions.
       (3) Recommendations.--Based on the assessment conducted 
     under this subsection, the 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.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment required by subsection (a), the Under 
     Secretary shall consult with rail management, rail labor, 
     owners or lessors of rail cars used to transport hazardous 
     materials, first responders, shippers of hazardous materials, 
     public safety officials (including those within other 
     agencies and offices within the Department of Homeland 
     Security), and other relevant parties.
       (c) Report.--
       (1) Contents.--Not later than 180 days after the date of 
     the enactment of this Act, the Under Secretary shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report that 
     contains--
       (A) the assessment and prioritized recommendations required 
     by subsection (a) and an estimate of the cost to implement 
     such recommendations;
       (B) a plan, developed in consultation with the freight and 
     intercity passenger railroads, and State and local 
     governments, for the government to provide increased security 
     support at high or severe threat levels of alert; and
       (C) a plan for coordinating rail security initiatives 
     undertaken by the public and private sectors.
       (2) Format.--The 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 $5,000,000 for 
     fiscal year 2007 to carry out this section.

     SEC. __03. RAIL SECURITY.

       (a) Rail Police Officers.--Section 28101 of title 49, 
     United States Code, is amended by striking ``the rail 
     carrier'' each place it appears and inserting ``any rail 
     carrier''.
       (b) Review of Rail Regulations.--Not later than 1 year 
     after the date of the enactment of this Act, the Secretary of 
     Transportation, in consultation with the Under Secretary, 
     shall review existing rail regulations of the Department of 
     Transportation for the purpose of identifying areas in which 
     those regulations need to be revised to improve rail 
     security.

     SEC. __04. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

       (a) Requirement for Study.--Not later than 1 year after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall complete a study of the rail 
     passenger transportation security programs that are carried 
     out for rail transportation systems in Japan, member nations 
     of the European Union, and other foreign countries.
       (b) Purpose.--The purpose of the study conducted under 
     subsection (a) shall be to identify effective rail 
     transportation security measures that are in use in foreign 
     rail transportation systems, including innovative measures 
     and screening procedures determined effective.
       (c) Report.--The Comptroller General shall submit a report 
     on the results of the study conducted under subsection (a) to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives. The report shall include the 
     Comptroller General's assessment regarding whether it is 
     feasible to implement within the United States any of the 
     same or similar security measures that are determined 
     effective under the study.

     SEC. __05. PASSENGER, BAGGAGE, AND CARGO SCREENING.

       (a) Requirement for Study and Report.--The Under Secretary, 
     in cooperation with the Secretary of Transportation, shall--
       (1) conduct a study to analyze the cost and feasibility of 
     requiring security screening for passengers, baggage, and 
     cargo on passenger trains; and
       (2) not later than 1 year after the date of the enactment 
     of this Act, submit a report containing the results of the 
     study and any recommendations that the Under Secretary may 
     have for implementing a rail security screening program to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (b) Pilot Program.--As part of the study conducted under 
     subsection (a), the Under Secretary shall complete a pilot 
     program of random security screening of passengers and 
     baggage at 5 passenger rail stations served by Amtrak, which 
     shall be selected by the Under Secretary. In conducting the 
     pilot program under this subsection, 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 before the passenger 
     boarding a train; and
       (3) attempt to give preference to locations at the highest 
     risk of terrorist attack and achieve a distribution of 
     participating train stations in terms of geographic location, 
     size, passenger volume, and whether the station is used by 
     commuter rail passengers and Amtrak passengers.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary to carry out this 
     section $5,000,000 for fiscal year 2007.

     SEC. __06. 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 title.

     SEC. __07. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-Safety Needs.--The Secretary of Transportation may 
     award grants to Amtrak for the purpose of making fire and 
     life-safety improvements to Amtrak tunnels on the Northeast 
     Corridor in New York, New York, Baltimore, Maryland, and 
     Washington, D.C.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     purposes of carrying out subsection (a) the following 
     amounts:
       (1) For the 6 New York tunnels, to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers--
       (A) $100,000,000 for fiscal year 2007;
       (B) $100,000,000 for fiscal year 2008;
       (C) $100,000,000 for fiscal year 2009; and
       (D) $170,000,000 for fiscal year 2010.
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $10,000,000 for fiscal year 2007;
       (B) $10,000,000 for fiscal year 2008;
       (C) $10,000,000 for fiscal year 2009; and
       (D) $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 2007;
       (B) $8,000,000 for fiscal year 2008;

[[Page S9258]]

       (C) $8,000,000 for fiscal year 2009; and
       (D) $8,000,000 for fiscal year 2010.
       (c) Infrastructure Upgrades.--There are authorized to be 
     appropriated to the Secretary of Transportation $3,000,000 
     for fiscal year 2007 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts 
     appropriated pursuant to this section shall remain available 
     until expended.
       (e) Plans Required.--The Secretary of Transportation may 
     not make amounts available to Amtrak for obligation or 
     expenditure under subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded under this section, the 
     Secretary has approved a project management plan prepared by 
     Amtrak that appropriately addresses--
       (A) project budget;
       (B) construction schedule;
       (C) recipient staff organization;
       (D) document control and record keeping;
       (E) change order procedure;
       (F) quality control and assurance;
       (G) periodic plan updates;
       (H) periodic status reports; and
       (I) such other matters the Secretary determines to be 
     appropriate.
       (f) Review of Plans.--
       (1) Completion.--The Secretary of Transportation shall 
     complete the review of the plans required under paragraphs 
     (1) and (2) of subsection (e) and approve or disapprove the 
     plans not later than 45 days after the date on which each 
     such plan is submitted by Amtrak.
       (2) Incomplete plans.--If the Secretary determines that a 
     plan is incomplete or deficient--
       (A) the Secretary shall notify Amtrak of the incomplete 
     items or deficiencies; and
       (B) not later than 30 days after receiving the Secretary's 
     notification under subparagraph (A), Amtrak shall submit a 
     modified plan for the Secretary's review.
       (3) Review of modified plans.--Not later than 15 days after 
     receiving additional information on items previously included 
     in the plan, and not later than 45 days after receiving items 
     newly included in a modified plan, the Secretary shall--
       (A) approve the modified plan; or
       (B) if the Secretary finds the plan is still incomplete or 
     deficient--
       (i) submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that identifies the portions of the plan the 
     Secretary finds incomplete or deficient;
       (ii) approve all other portions of the plan;
       (iii) obligate the funds associated with those other 
     portions; and
       (iv) execute an agreement with Amtrak not later than 15 
     days thereafter on a process for resolving the remaining 
     portions of the plan.
       (g) Financial Contribution From Other Tunnel Users.--The 
     Secretary of Transportation shall, taking into account the 
     need for the timely completion of all portions of the tunnel 
     projects described in subsection (a)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) obtain financial contributions or commitments from such 
     other rail carriers at levels reflecting the extent of their 
     use of the tunnels, if feasible.

     SEC. __08. MEMORANDUM OF AGREEMENT.

       (a) Memorandum of Agreement.--Not later than 60 days after 
     the date of enactment of this Act, the Secretary of 
     Transportation and the Secretary of Homeland Security shall 
     execute a memorandum of agreement governing the roles and 
     responsibilities of the Department of Transportation and the 
     Department of Homeland Security, respectively, in addressing 
     railroad transportation security matters, including the 
     processes the departments will follow to promote 
     communications, efficiency, and nonduplication of effort.
       (b) Rail Safety Regulations.--Section 20103(a) of title 49, 
     United States Code, is amended by striking ``railroad 
     safety'' and inserting ``railroad safety, including 
     security,''.

     SEC. __09. 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 2006, 
     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 
     2007 to carry out this section. Amounts appropriated pursuant 
     to this subsection shall remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:

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

     SEC. __10. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

       (a) In General.--Subject to subsection (c), the Under 
     Secretary may award grants, through the Secretary of 
     Transportation, to Amtrak--
       (1) to secure major tunnel access points and ensure tunnel 
     integrity in New York, Baltimore, and Washington, D.C.;
       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the 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 for projects under subsection (a) 
     unless--
       (1) the projects are contained in a systemwide security 
     plan approved by the Under Secretary, in consultation with 
     the Secretary of Transportation;
       (2) capital projects meet the requirements under section 
     407(e)(2); and
       (3) the plan includes 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 under this 
     section.
       (d) Availability of Funds.--There are authorized to be 
     appropriated to the Under Secretary $63,500,000 for fiscal 
     year 2007 for the

[[Page S9259]]

     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 may 
     award grants to freight railroads, the Alaska Railroad, 
     hazardous materials shippers, owners of rail cars used in the 
     transportation of hazardous materials, universities, colleges 
     and research centers, State and local governments (for 
     passenger facilities and infrastructure not owned by Amtrak), 
     and, through the Secretary of Transportation, to Amtrak, for 
     full or partial reimbursement of costs incurred in the 
     conduct of activities to prevent or respond to acts of 
     terrorism, sabotage, or other intercity passenger rail and 
     freight rail security threats, including--
       (1) security and redundancy for critical communications, 
     computer, and train control systems essential for secure rail 
     operations;
       (2) accommodation of cargo or passenger screening equipment 
     at the international border between the United States and 
     Mexico or the international border between the United States 
     and Canada;
       (3) the security of hazardous material transportation by 
     rail;
       (4) secure intercity passenger rail stations, trains, and 
     infrastructure;
       (5) structural modification or replacement of rail cars 
     transporting high hazard materials to improve their 
     resistance to acts of terrorism;
       (6) employee security awareness, preparedness, passenger 
     evacuation, and emergency response training;
       (7) public security awareness campaigns for passenger train 
     operations;
       (8) the sharing of intelligence and information about 
     security threats;
       (9) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (10) to hire additional police and security officers, 
     including canine units; and
       (11) other improvements recommended by the report required 
     under section 402(c), including infrastructure, facilities, 
     and equipment upgrades.
       (b) Accountability.--The Under Secretary shall adopt 
     necessary procedures, including audits, to ensure that grants 
     awarded under this section are expended in accordance with 
     the purposes of this title 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 and 
     intercity rail passengers.
       (d) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless Amtrak 
     meets the conditions set forth in section 410(b).
       (e) Allocation Between Railroads and Others.--Unless the 
     Under Secretary determines, as a result of the assessment 
     required by section 402, that critical rail transportation 
     security needs require reimbursement in greater amounts to 
     any eligible entity, a grant may not be awarded under this 
     section--
       (1) in excess of $65,000,000 to Amtrak; or
       (2) in excess of $100,000,000 for the purposes described in 
     paragraphs (3) and (5) of subsection (a).
       (f) High Hazard Materials Defined.--In this section, the 
     term ``high hazard materials'' means poison inhalation hazard 
     materials, class 2.3 gases, class 6.1 materials, and 
     anhydrous ammonia.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary $350,000,000 for 
     fiscal year 2007 to carry out the purposes of this section. 
     Amounts appropriated pursuant to this subsection shall remain 
     available until expended.

     SEC. __12. OVERSIGHT AND GRANT PROCEDURES.

       (a) Secretarial Oversight.--The Secretary of Transportation 
     may use not more than 0.5 percent of amounts made available 
     to Amtrak for capital projects under this title--
       (1) to enter into contracts for the review of proposed 
     capital projects and related program management plans; and
       (2) to oversee construction of such projects.
       (b) Use of Funds.--The Secretary may use amounts available 
     under subsection (a) to make contracts for safety, 
     procurement, management, and financial compliance reviews and 
     audits of a recipient of amounts under subsection (a).
       (c) Procedures for Grant Award.--The 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 the enactment of this Act.

     SEC. __13. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Under Secretary, in conjunction with the Secretary of 
     Transportation, shall carry out a research and development 
     program for the purpose of improving freight and intercity 
     passenger rail security that may include research and 
     development projects to--
       (1) reduce the vulnerability of passenger trains, stations, 
     and equipment to explosives and hazardous chemical, 
     biological, and radioactive substances;
       (2) test new emergency response techniques and 
     technologies;
       (3) develop improved freight technologies, including--
       (A) technologies for sealing rail cars;
       (B) automatic inspection of rail cars;
       (C) communication-based train controls; and
       (D) emergency response training;
       (4) test wayside detectors that can detect tampering with 
     railroad equipment; and
       (5) support enhanced security for the transportation of 
     hazardous materials by rail, including--
       (A) technologies to detect a breach in a tank car and 
     transmit information about the integrity of tank cars to the 
     train crew;
       (B) research to improve tank car integrity, with a focus on 
     tank cars that carry high hazard materials (as defined in 
     section 411(g));
       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public safety;
       (6) other projects recommended in the report required under 
     section 402.
       (b) Coordination With Other Research Initiatives.--The 
     Under Secretary shall ensure that the research and 
     development program under this section is coordinated with 
     other research and development initiatives at the Department 
     of Homeland Security and the Department of Transportation. 
     The Under Secretary shall carry out any research and 
     development project authorized under this section through a 
     reimbursable agreement with the Secretary of Transportation 
     if the Secretary--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.
       (c) Accountability.--The 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 title 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 $50,000,000 in each 
     of fiscal years 2007 and 2008 to carry out the purposes of 
     this section. Amounts appropriated pursuant to this 
     subsection shall remain available until expended.

     SEC. __14. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

       (a) Track Standards.--Not later than 90 days after the date 
     of the enactment of this Act, the Administrator of the 
     Federal Railroad Administration shall--
       (1) require each track owner using continuous welded rail 
     track to include procedures to improve the identification of 
     cracks in rail joint bars in the procedures filed with the 
     Administration under section 213.119 of title 49, Code of 
     Federal Regulations;
       (2) instruct Administration track inspectors to obtain 
     copies of the most recent continuous welded rail programs of 
     each railroad within the inspectors' areas of responsibility 
     and require that inspectors use those programs when 
     conducting track inspections; and
       (3) establish a program to--
       (A) periodically review continuous welded rail joint bar 
     inspection data from railroads and Administration track 
     inspectors; and
       (B) require railroads to increase the frequency or improve 
     the methods of inspection of joint bars in continuous welded 
     rail, if the Administrator determines that such increase or 
     improvement is necessary or appropriate.
       (b) Tank Car Standards.--The Administrator of the Federal 
     Railroad Administration shall--
       (1) not later than 1 year after the date of the enactment 
     of this Act, validate the predictive model it is developing 
     to quantify the relevant dynamic forces acting on railroad 
     tank cars under accident conditions; and
       (2) not later than 18 months after the date of the 
     enactment of this Act, initiate a rulemaking to develop and 
     implement appropriate design standards for pressurized tank 
     cars.
       (c) Older Tank Car Impact Resistance Analysis and Report.--
     Not later than 2 years after the date of the enactment of 
     this Act, the Administrator of the Federal Railroad 
     Administration shall--
       (1) conduct a comprehensive analysis to determine the 
     impact resistance of the steels in the shells of pressure 
     tank cars constructed before 1989; and
       (2) submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that contains recommendations for measures to 
     eliminate or mitigate the risk of catastrophic failure.

[[Page S9260]]

     SEC. __15. NORTHERN BORDER RAIL PASSENGER REPORT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Under Secretary, in consultation with the heads 
     of other appropriate Federal departments and agencies and the 
     National Railroad Passenger Corporation, shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that contains--
       (1) a description of the current system for screening 
     passengers and baggage on passenger rail service between the 
     United States and Canada;
       (2) an assessment of the current program to provide 
     preclearance of airline passengers between the United States 
     and Canada as outlined in ``The Agreement on Air Transport 
     Preclearance between the Government of Canada and the 
     Government of the United States of America'', dated January 
     18, 2001;
       (3) an assessment of the current program to provide 
     preclearance of freight railroad traffic between the United 
     States and Canada as outlined in the ``Declaration of 
     Principle for the Improved Security of Rail Shipments by 
     Canadian National Railway and Canadian Pacific Railway from 
     Canada to the United States'', dated April 2, 2003;
       (4) information on progress by the Department of Homeland 
     Security and other Federal agencies towards finalizing a 
     bilateral protocol with Canada that would provide for 
     preclearance of passengers on trains operating between the 
     United States and Canada;
       (5) a description of legislative, regulatory, budgetary, or 
     policy barriers within the United States Government to 
     providing pre-screened passenger lists for rail passengers 
     traveling between the United States and Canada to the 
     Department of Homeland Security;
       (6) a description of the position of the Government of 
     Canada and relevant Canadian agencies with respect to 
     preclearance of such passengers; and
       (7) a draft of any changes in existing Federal law 
     necessary to provide for pre-screening of such passengers and 
     providing pre-screened passenger lists to the Department of 
     Homeland Security.

     SEC. __16. REPORT REGARDING IMPACT ON SECURITY OF TRAIN 
                   TRAVEL IN COMMUNITIES WITHOUT GRADE SEPARATION.

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

     SEC. __17. WHISTLEBLOWER PROTECTION PROGRAM.

       (a) In General.--Subchapter I of chapter 201 of title 49, 
     United States Code, is amended by inserting after section 
     20115 the following:

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

       ``(a) Discrimination Against Employee.--A rail carrier 
     engaged in interstate or foreign commerce may not discharge a 
     railroad employee or otherwise discriminate against a 
     railroad employee because the employee (or any person acting 
     pursuant to a request of the employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide or cause to be provided, to the employer or the 
     Federal Government information relating to a perceived threat 
     to security; or
       ``(2) provided, caused to be provided, or is about to 
     provide or cause to be provided, testimony before Congress or 
     at any Federal or State proceeding regarding a perceived 
     threat to security; or
       ``(3) refused to violate or assist in the violation of any 
     law, rule or regulation related to rail security.
       ``(b) Dispute Resolution.--A dispute, grievance, or claim 
     arising under this section is subject to resolution under 
     section 3 of the Railway Labor Act (45 U.S.C. 153). In a 
     proceeding by the National Railroad Adjustment Board, a 
     division or delegate of the Board, or another board of 
     adjustment established under such section 3 to resolve the 
     dispute, grievance, or claim the proceeding shall be 
     expedited and the dispute, grievance, or claim shall be 
     resolved not later than 180 days after the filing date. If 
     the violation is a form of discrimination that does not 
     involve discharge, suspension, or another action affecting 
     pay, and no other remedy is available under this subsection, 
     the Board, division, delegate, or other board of adjustment 
     may award the employee reasonable damages, including punitive 
     damages, of not more than $20,000.
       ``(c) Procedural Requirements.--Except as provided in 
     subsection (b), the procedure set forth in section 
     42121(b)(2)(B), including the burdens of proof, applies to 
     any complaint brought under this section.
       ``(d) Election of Remedies.--An employee of a railroad 
     carrier may not seek protection under both this section and 
     another provision of law for the same allegedly unlawful act 
     of the carrier.
       ``(e) Disclosure of Identity.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary of Transportation may not disclose the name of an 
     employee of a railroad carrier who has provided information 
     about an alleged violation of this section without the 
     written consent of the employee.
       ``(2) Enforcement.--The Secretary shall disclose to the 
     Attorney General the name of an employee described in 
     paragraph (1) if the matter is referred to the Attorney 
     General for enforcement.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 of title 49, United States Code, is amended by inserting 
     after the item relating to section 20115 the following:

``Sec. 20116. Whistleblower protection for rail security matters.''.
                                 ______
                                 
  SA 4923. Mr. ISAKSON submitted an amendment intended to be proposed 
by him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
orderd to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CARGO SCREENING.

       (a) Radiation Risk Reduction.--The Secretary of Homeland 
     Security shall make every effort to protect maritime workers 
     and the general public by reducing exposure to ionizing and 
     non-ionizing radiation to the lowest levels feasible while 
     conducting cargo screening activities.
       (b) Government Responsibility.--
       (1) Indemnification.--Any person who is injured by ionizing 
     or non-ionizing radiation resulting from cargo screening 
     conducted pursuant to Federal law may not bring a claim for 
     such injury against the employer of such person under Federal 
     or State law if the employer was not the operator of the 
     cargo screening equipment.
       (2) Savings provision.--Nothing in this subsection shall be 
     construed to limit the liability of, or create liability for, 
     any third party other than employers.

     

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