```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3270 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 3270

 To improve the security of public transportation and rail systems in 
               the United States, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2005

   Ms. Norton (for herself, Mr. Menendez, Ms. Pelosi, Mr. Hoyer, Mr. 
Clyburn, Mr. George Miller of California, Ms. DeLauro, Mr. Spratt, Mr. 
Thompson of Mississippi, Mr. Oberstar, Mr. Dicks, Mrs. Christensen, Ms. 
 Millender-McDonald, and Ms. Zoe Lofgren of California) introduced the 
    following bill; which was referred to the Committee on Homeland 
   Security, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To improve the security of public transportation and rail systems in 
               the United States, and for other purposes.

    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 ``Secure Transit and 
Rail Across America and Invest in National Security Act of 2005'' or 
the ``Secure Trains Act''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
  TITLE I--NATIONAL TRANSPORTATION SECURITY STRATEGY AND INTERAGENCY 
                              COOPERATION

Sec. 101. National Transportation Security Strategy.
Sec. 102. Interagency cooperation.
Sec. 103. Definitions.
                   TITLE II--PUBLIC TRANSIT SECURITY

Sec. 201. Homeland security public transportation grants.
Sec. 202. Training exercises.
Sec. 203. Security best practices.
Sec. 204. Public outreach.
Sec. 205. National Transportation Security Centers.
Sec. 206. Whistleblower protections.
Sec. 207. Definitions.
                        TITLE III--RAIL SECURITY

Sec. 301. Freight and passenger rail security upgrades.
Sec. 302. Fire and life-safety improvements.
Sec. 303. Rail security research and development program.
Sec. 304. Rail worker security training program.
Sec. 305. Whistleblower protection.
Sec. 306. Public outreach.
Sec. 307. Passenger, baggage, and cargo screening.
Sec. 308. Emergency responder training standards.
Sec. 309. Information for first responders.
Sec. 310. TSA personnel limitations.
Sec. 311. Rail safety regulations.
Sec. 312. Rail security.
Sec. 313. Definitions.

  TITLE I--NATIONAL TRANSPORTATION SECURITY STRATEGY AND INTERAGENCY 
                              COOPERATION

SEC. 101. NATIONAL TRANSPORTATION SECURITY STRATEGY.

    (a) Deadline.--Not later than 30 days after the date of enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees the National Strategy for Transportation 
Security required under section 114(t) of title 49, United States Code.
    (b) Additional Requirements.--In addition to the requirements of 
section 114(t) of such title, the Secretary shall develop a supplement 
to the National Strategy for Transportation Security. The supplement 
shall include the following:
            (1) Requirements for the Federal Government to provide 
        increased security support during high or severe threat levels 
        of alert.
            (2) Procedures for establishing and maintaining permanent 
        and comprehensive consultative relations among the parties 
        described in subsection (c).
            (3) A contingency plan to ensure the continued movement of 
        freight and passengers in the event of an attack affecting the 
        railroad or public transportation system, which shall 
        contemplate--
                    (A) the possibility of rerouting traffic due to the 
                loss of critical infrastructure, such as a bridge, 
                tunnel, yard, or station; and
                    (B) methods of continuing railroad service in the 
                Northeast Corridor in the event of a commercial power 
                loss or a catastrophe affecting a critical bridge, 
                tunnel, yard, or station; and
            (4) An identification of actions taken or planned by both 
        public and private entities to address security issues 
        identified under paragraph (1) and an assessment of the 
        effective integration of such actions.
    (c) Consultation.--In developing the supplement under subsection 
(b) and recommendations under subsection (d), the Secretary shall work 
jointly with the Secretary of Transportation and shall consult with 
appropriate public transportation entities and appropriate rail 
entities.
    (d) Recommendations.--The Secretary shall develop prioritized 
recommendations for improving public transportation and railroad 
security, including recommendations for--
            (1) improving the security of public transportation and 
        rail infrastructure to include subway platforms, bus and ferry 
        terminals, rail tunnels, rail bridges, rail switching and car 
        storage areas, information systems, and other areas identified 
        as posing significant 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 public 
        transportation or railroad service;
            (2) deploying surveillance equipment;
            (3) deploying equipment to detect explosives and hazardous 
        chemical, biological, and radioactive substances, and any 
        appropriate countermeasures;
            (4) installing redundant and backup systems to ensure the 
        continued operation of critical elements of the railroad system 
        in the event of an attack or other incident, including 
        disruption of commercial electric power or communications 
        networks;
            (5) conducting public outreach campaigns on public 
        transportation and passenger railroad systems; and
            (6) identifying the immediate and long-term costs of 
        measures that may be required to address those risks.
    (e) Report.--
            (1) Contents.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        appropriate congressional committees a report containing the 
        supplement developed under subsection (b) and recommendations 
        developed under subsection (d), together with an estimate of 
        the cost to implement such recommendations.
            (2) Format.--The report may be submitted in a classified 
        format if the Secretary determines that such action is 
        necessary.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $10,000,000 for the purpose of carrying 
out this section.

SEC. 102. INTERAGENCY COOPERATION.

    (a) In General.--The Secretary shall work jointly with the 
Secretary of Transportation in carrying out the provisions of this Act.
    (b) Memorandum.--Not later than 30 days after the date of enactment 
of this Act, the Secretary and the Secretary of Transportation shall 
execute a memorandum of agreement governing the roles and 
responsibilities of the Department of Homeland Security and the 
Department of Transportation, respectively, in addressing public 
transportation and rail security matters, including the process their 
departments will follow to carry this Act and promote communications, 
efficiency, and nonduplication of effort.

SEC. 103. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Homeland Security and the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
            (2) Appropriate public transportation entities.--The term 
        ``appropriate public transportation entities'' means owners, 
        operators, and providers of public transportation systems, 
        public transportation employee representatives, first 
        responders, industry associations, private sector experts, 
        academic experts, and appropriate Federal, State, and local 
        officials.
            (3) Appropriate rail entities.--The term ``appropriate rail 
        entities'' means freight and passenger railroad carriers, 
        nonprofit employee organizations representing rail workers, 
        nonprofit employee organizations representing emergency 
        responders, owners or lessors of rail cars used to transport 
        hazardous materials, shippers of hazardous materials, 
        manufacturers of rail tank cars, State Departments of 
        Transportation, public safety officials, and other relevant 
        parties.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

                   TITLE II--PUBLIC TRANSIT SECURITY

SEC. 201. HOMELAND SECURITY PUBLIC TRANSPORTATION GRANTS.

    (a) Authorization.--The Secretary of Homeland Security is 
authorized to make grants for the purpose of improving the security of 
public transportation systems against acts of terrorism. The grant 
program shall be administered by the Director of the Office of Domestic 
Preparedness to ensure that the program is consistent with other 
Department of Homeland Security grant programs.
    (b) Grant Criteria.--The Secretary shall make grants under this 
section using the following criteria:
            (1) Risk of terrorism, including threat assessment, 
        vulnerabilities of public transportation systems, potential 
        effects of acts of terrorism against public transportation 
        systems, and past acts of terrorism against modes of 
        transportation.
            (2) Merits of the proposed projects to increase national 
        security, based on a consideration of--
                    (A) threats;
                    (B) vulnerabilities;
                    (C) consequences, including human casualties and 
                economic impacts;
                    (D) consequence management;
                    (E) the likelihood that such projects would have 
                been pursued in the normal course of business and in 
                the absence of national security considerations; and
                    (F) feasibility, based on the technical and 
                operational merits of the projects.
    (c) Allowable Use of Funds.--Grants made under this section shall 
be used for the purposes of--
            (1) support for increased capital investments in cameras, 
        close-circuit television, and other surveillance systems;
            (2) increased capital investment in command, control, and 
        communications systems, including investments for redundancy 
        and interoperability and for improved situational awareness, 
        such as emergency call boxes and vehicle locator systems;
            (3) increased training, including for carrying out 
        exercises under section 202, and technical support for public 
        transportation employees, especially for security awareness, 
        prevention, and emergency response, including evacuation and 
        decontamination;
            (4) expanded deployment of equipment and other measures, 
        including canine detection teams, for the detection of 
        explosives and chemical, biological, radiological, and nuclear 
        agents;
            (5) capital improvements and operating activities, 
        including personnel expenditures, to increase the physical 
        security of stations, vehicles, bridges, and tunnels;
            (6) capital improvements and operating activities to 
        improve passenger survivability in the event of an attack, 
        including improvements in ventilation, drainage, fire safety 
        technology, emergency communications systems, lighting systems, 
        passenger egress, and accessibility by emergency response 
        personnel;
            (7) acquisition of emergency response and support 
        equipment, including fire suppression and decontamination 
        equipment; and
            (8) expansion of employee education and public awareness 
        campaigns regarding security on public transportation systems.
    (d) Eligible Recipients.--Grants shall be made available under this 
section directly to owners, operators, and providers of public 
transportation systems. Owners, operators, and providers of 
infrastructure over which public transportation operates, but which is 
not primarily used for public transportation, may also be eligible for 
grants at the discretion of the Secretary.
    (e) Accountability.--The 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 Secretary. If the 
Secretary determines that a recipient has used any portion of the grant 
funds received under this section for a purpose other than the 
allowable uses specified for that grant under this section, the grantee 
shall return any amount so used to the Treasury of the United States.
    (f) Procedures for Grant Award.--The Secretary shall prescribe 
procedures and schedules for the awarding of grants under this section, 
including application and qualification procedures, and a record of 
decision on applicant eligibility. The Secretary shall issue a final 
rule establishing the procedures not later than 90 days after the date 
of enactment of this Act.
    (g) Cost Share.--Grants made under this section shall account for 
no more than--
            (1) 85 percent for fiscal year 2006;
            (2) 80 percent for fiscal year 2007; and
            (3) 75 percent for fiscal year 2008,
of the expense of the purposes for which the grants are used.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out the purposes of this 
section--
            (1) $1,200,000,000 for fiscal year 2006;
            (2) $900,000,000 for fiscal year 2007; and
            (3) $700,000,000 for fiscal year 2008.
Amounts appropriated pursuant to this subsection shall remain available 
until expended.

SEC. 202. TRAINING EXERCISES.

    (a) Guidelines.--Not later than 4 months after the date of 
enactment of this Act, the Secretary of Homeland Security shall publish 
guidelines for the conduct by recipients of grants under section 201 of 
appropriate exercises for emergency response and public transportation 
employee training purposes.
    (b) Plans.--Not later than 6 months after receipt of a grant under 
section 201, the recipient of such grant shall transmit to the 
Secretary its emergency response plan as well as a plan for conducting 
exercises for emergency response and public transportation employee 
training purposes pursuant to the guidelines published under subsection 
(a).
    (c) Exercises.--
            (1) Requirement.--Not later than 1 year after receipt of a 
        grant under section 201, the recipient of such grant shall 
        conduct an exercise pursuant to the plan for conducting 
        exercises transmitted under subsection (b).
            (2) Exemptions.--The Secretary may exempt a grant recipient 
        from the requirement under paragraph (1) if the recipient has 
        recently conducted an equivalent exercise.
            (3) Notice and report.--Not later than 30 days after 
        conducting an exercise under paragraph (1) or as described in 
        paragraph (2), the recipient shall notify the Secretary that 
        such exercise has been completed, including a description of 
        the results of the exercise and findings and lessons learned 
        from the exercise, and shall make recommendations for changes, 
        if necessary, to existing emergency response plans. If the 
        recipient revises an emergency response plan as a result of an 
        exercise under this subsection, the recipient shall transmit 
        the revised plan to the Secretary not later than 6 months after 
        the date of the exercise.
    (d) Technical Assistance.--The Secretary shall provide technical 
assistance in the design, preparation for, and conduct of emergency 
response exercises.
    (e) Use of Plans.--The Secretary shall ensure that information 
submitted to the Secretary under this section is protected from any 
form of disclosure that might compromise public transportation security 
or trade secrets. Notwithstanding the preceding sentence, the Secretary 
may use such information, on a nonattributed basis unless otherwise 
agreed to by the source of the information, to aid in developing 
recommendations, best practices, and materials for use by public 
transportation authorities to improve security practices and emergency 
response capabilities.

SEC. 203. SECURITY BEST PRACTICES.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary of Homeland Security shall develop, disseminate to 
appropriate owners, operators, and providers of public transportation 
systems, public transportation employees and employee representatives, 
and Federal, State, and local officials, and transmit to Congress, a 
report containing best practices for the security of public 
transportation systems. In developing best practices, the Secretary 
shall be responsible for consulting with and collecting input from 
owners, operators, and providers of public transportation systems, 
public transportation employee representatives, first responders, 
industry associations, private sector experts, academic experts, and 
appropriate Federal, State, and local officials.

SEC. 204. PUBLIC OUTREACH.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall develop a national plan for public 
outreach and awareness. Such plan shall be designed to increase 
awareness of measures that the general public, public transportation 
passengers, and public transportation employees can take to increase 
public transportation system security. Such plan shall also provide 
outreach to owners, operators, providers, and employees of public 
transportation systems to improve their awareness of available 
technologies, ongoing research and development efforts, and available 
Federal funding sources to improve public transportation security. Not 
later than 9 months after the date of enactment of this Act, the 
Secretary shall implement the plan developed under this section.

SEC. 205. NATIONAL TRANSPORTATION SECURITY CENTERS.

    (a) Establishment.--The Secretary of Homeland Security, working 
jointly with the Secretary of Transportation, shall establish more than 
1 but not more than 4 National Transportation Security Centers at 
institutions of higher education to assist in carrying out this title, 
to conduct research and education activities, and to develop or provide 
professional training, including the training of public transportation 
employees and public transportation-related professionals, with 
emphasis on utilization of intelligent transportation systems, 
technologies, and architectures.
    (b) Criteria.--The Secretary shall designate the Centers according 
to the following selection criteria:
            (1) The demonstrated commitment of the institution to 
        transportation security issues.
            (2) The use of and experience with partnerships with other 
        institutions of higher education, Federal laboratories, or 
        other nonprofit laboratories.
            (3) Capability to conduct both practical and theoretical 
        research and technical systems analysis.
            (4) Utilization of intelligent transportation system 
        technologies and architectures.
            (5) Ability to develop professional training programs.
            (6) Capability and willingness to conduct education of 
        transportation security professionals.
            (7) Such other criteria as the Secretary may designate.
    (c) Existing Centers.--The Secretary may designate an existing 
national transportation research center as a National Transportation 
Security Center under this section.
    (d) Funding.--The Secretary shall provide such funding as is 
necessary to the National Transportation Security Centers established 
under subsection (a) to carry out this section.

SEC. 206. WHISTLEBLOWER PROTECTIONS.

    (a) In General.--No covered individual may be discharged, demoted, 
suspended, threatened, harassed, reprimanded, investigated, or in any 
other manner discriminated against (including by a denial, suspension, 
or revocation of a security clearance or by any other security access 
determination) if such discrimination is due, in whole or in part, to 
any lawful act done, perceived to have been done, or intended to be 
done by the covered individual--
            (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation regarding any 
        conduct which the covered individual reasonably believes 
        constitutes a violation of any law, rule or regulation relating 
        to national or homeland security, which the covered individual 
        reasonably believes constitutes a threat to national or 
        homeland security, or which the covered individual reasonably 
        believes constitutes fraud, waste or mismanagement of 
        Government funds intended to be used for national or homeland 
        security, when the information or assistance is provided to or 
        the investigation is conducted by--
                    (A) a Federal, State, or local regulatory or law 
                enforcement agency (including an office of Inspector 
                General under the Inspector General Act of 1978);
                    (B) any Member of Congress, any committee of 
                Congress, or the Government Accountability Office; or
                    (C) a person with supervisory authority over the 
                covered individual (or such other person who has the 
                authority to investigate, discover, or terminate 
                misconduct);
            (2) to file, cause to be filed, testify, participate in, or 
        otherwise assist in a proceeding or action filed or about to be 
        filed relating to an alleged violation of any law, rule or 
        regulation relating to national or homeland security; or
            (3) to refuse to violate or assist in the violation of any 
        law, rule, or regulation relating to national or homeland 
        security.
    (b) Enforcement Action.--
            (1) In general.--A covered individual who alleges discharge 
        or other discrimination by any person in violation of 
        subsection (a) may seek relief under subsection (c) by--
                    (A) filing a complaint with the Secretary of Labor; 
                or
                    (B) if the Secretary has not issued a final 
                decision within 180 days after the filing of the 
                complaint and there is no showing that such delay is 
                due to the bad faith of the claimant, bringing an 
                action at law or equity for de novo review in the 
                appropriate district court of the United States, which 
                shall have jurisdiction over such an action without 
                regard to the amount in controversy.
            (2) Procedure.--
                    (A) In general.--An action under paragraph (1)(A) 
                shall be governed under the rules and procedures set 
                forth in section 42121(b) of title 49, United States 
                Code.
                    (B) Exception.--Notification made under section 
                42121(b)(1) of title 49, United States Code, shall be 
                made to the person named in the complaint and to the 
                person's employer.
                    (C) Burdens of proof.--An action brought under 
                paragraph (1)(B) shall be governed by the legal burdens 
                of proof set forth in section 42121(b) of title 49, 
                United States Code.
                    (D) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 1 year 
                after the date on which the violation occurs.
    (c) Remedies.--
            (1) In general.--A covered individual prevailing in any 
        action under subsection (b)(1) shall be entitled to all relief 
        necessary to make the covered individual whole.
            (2) Damages.--Relief for any action under paragraph (1) 
        shall include--
                    (A) reinstatement with the same seniority status 
                that the covered individual would have had, but for the 
                discrimination;
                    (B) the amount of any back pay, with interest;
                    (C) compensation for any special damages sustained 
                as a result of the discrimination, including litigation 
                costs, expert witness fees, and reasonable attorney 
                fees; and
                    (D) punitive damages in an amount not to exceed the 
                greater of 3 times the amount of any compensatory 
                damages awarded under this section or $5,000,000.
    (d) State Secrets Privilege.--If, in any action brought under 
subsection (b)(1)(B), the Government asserts as a defense the privilege 
commonly referred to as the ``state secrets privilege'' and the 
assertion of such privilege prevents the plaintiff from establishing a 
prima facie case in support of the plaintiff's claim, the court shall 
enter judgment for the plaintiff and shall determine the relief to be 
granted.
    (e) Criminal Penalties.--
            (1) In general.--It shall be unlawful for any person 
        employing a covered individual to commit an act prohibited by 
        subsection (a). Any person violating this paragraph shall be 
        fined under title 18, United States Code, imprisoned not more 
        than 10 years, or both.
            (2) Reporting requirement.--The Department of Justice shall 
        submit to Congress an annual report on the enforcement of 
        paragraph (1). Each such report shall (A) identify each case in 
        which formal charges under paragraph (1) were brought, (B) 
        describe the status or disposition of each such case, and (C) 
        in any actions under subsection (b)(1)(B) in which the covered 
        individual was the prevailing party or the substantially 
        prevailing party, indicate whether or not any formal charges 
        under paragraph (1) have been brought and, if not, the reasons 
        therefor.
    (f) Rights Retained by Covered Individual.--Nothing in this section 
shall be deemed to diminish the rights, privileges, or remedies of any 
covered individual under any Federal or State law, or under any 
collective bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, or condition 
of employment.
    (g) Definitions.--For purposes of this section--
            (1) the term ``covered individual'' means an employee of--
                    (A) the Department of Homeland Security (which, for 
                purposes of this section, includes the Transportation 
                Security Administration);
                    (B) a Federal contractor or subcontractor; and
                    (C) an employer within the meaning of section 
                701(b) of the Civil Rights Act of 1964 (42 U.S.C. 
                2000e(b));
            (2) the term ``lawful'' means not specifically prohibited 
        by law, except that, in the case of any information the 
        disclosure of which is specifically prohibited by law or 
        specifically required by Executive order to be kept secret in 
        the interest of national defense or the conduct of foreign 
        affairs, any disclosure of such information to any Member of 
        Congress, committee of Congress, or other recipient authorized 
        to receive such information, shall be deemed lawful;
            (3) the term ``Federal contractor'' means a person who has 
        entered into a contract with the Department of Homeland 
        Security;
            (4) the term ``employee'' means--
                    (A) with respect to an employer referred to in 
                paragraph (1)(A), an employee as defined by section 
                2105 of title 5, United States Code; and
                    (B) with respect to an employer referred to in 
                subparagraph (A) or (B) of paragraph (1), any officer, 
                partner, employee, or agent;
            (5) the term ``subcontractor''--
                    (A) means any person, other than the Federal 
                contractor, who offers to furnish or furnishes any 
                supplies, materials, equipment, or services of any kind 
                under a contract with the Department of Homeland 
                Security or a subcontract entered into in connection 
                with such a contract; and
                    (B) includes any person who offers to furnish or 
                furnishes general supplies to the Federal contractor or 
                a higher tier subcontractor; and
            (6) the term ``person'' means a corporation, partnership, 
        State entity, business association of any kind, trust, joint-
        stock company, or individual.
    (h) Terms and Conditions.--A grant under this title shall be 
subject to terms and conditions of section 5333 of title 49, United 
States Code.

SEC. 207. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Public transportation employees.--The term ``public 
        transportation employees'' means security personnel, 
        dispatchers, vehicle and vessel operators, other onboard 
        employees, maintenance and support personnel, and other 
        appropriate employees of owners, operators, and providers of 
        public transportation systems.
            (2) Public transportation systems.--The term ``public 
        transportation systems'' means passenger, commuter, and light 
        rail, including subways, buses, commuter ferries, and other 
        modes of public transit.

                        TITLE III--RAIL SECURITY

SEC. 301. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Secretary, in coordination 
with the Secretary of Transportation, is authorized to make grants to 
freight and passenger railroad carriers, nonprofit employee 
organizations that represent rail workers, shippers of hazardous 
materials by rail, owners of rail cars used in the transportation of 
hazardous materials, manufacturers of rail tank cars, and State and 
local governments, for costs incurred in the conduct of activities to 
prevent or respond to acts of terrorism or sabotage against railroads, 
or other railroad security threats, including--
            (1) perimeter protection systems, including access control, 
        installation of better lighting, fencing, and barricades at 
        railroad facilities;
            (2) structural modification or replacement of rail cars 
        transporting hazardous materials to improve their resistance to 
        acts of terrorism;
            (3) technologies for reduction of tank car vulnerability;
            (4) security improvements to passenger railroad stations, 
        trains, and infrastructure;
            (5) tunnel protection systems;
            (6) evacuation improvements;
            (7) inspection technologies, including verified visual 
        inspection technologies using hand-held readers and discs;
            (8) security and redundancy for critical communications, 
        computer, and train control systems essential for secure 
        railroad operations or to continue railroad operations after an 
        attack impacting railroad operations;
            (9) train tracking and interoperable communications 
        systems;
            (10) chemical, biological, radiological, or explosive 
        detection systems and devices;
            (11) surveillance equipment;
            (12) additional police and security officers, including 
        canine units;
            (13) accommodation of cargo or passenger screening 
        equipment;
            (14) employee security awareness, preparedness, and 
        response training (including compliance with section 304);
            (15) public security awareness campaigns;
            (16) emergency response equipment, including fire 
        suppression and decontamination equipment; and
            (17) other improvements recommended by the Secretary, 
        including infrastructure, facilities, and equipment upgrades.
    (b) Conditions.--The Secretary shall require recipients of funds 
for construction under this section and section 302 of this Act to 
apply the standards of section 24312 of title 49, United States Code, 
as in effect on September 1, 2004, with respect to the construction in 
the same manner as Amtrak is required to comply with such standards for 
construction work financed under an agreement made under section 
24308(a) of such title 49.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $600,000,000 to carry out the purposes of 
this section, of which $100,000,000 shall be used by the Secretary for 
making grants to Amtrak, in accordance with this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.

SEC. 302. FIRE AND LIFE-SAFETY IMPROVEMENTS.

    (a) Life-Safety Needs.--There are authorized to be appropriated to 
Amtrak for the purposes of carrying out this section 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 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, District of Columbia, 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.
    (b) Availability of Appropriated Funds.--Amounts appropriated 
pursuant to this section shall remain available until expended.

SEC. 303. RAIL SECURITY RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Establishment of Research and Development Program.--The 
Secretary shall carry out a research and development program for the 
purpose of improving railroad 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; and
                    (C) communication-based train controls;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment;
            (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; and
                    (C) techniques to transfer hazardous materials from 
                rail cars that are damaged or otherwise represent an 
                unreasonable risk to human life or public safety; and
            (6) other projects recommended by the Secretary.
    (b) Coordination With Other Research Initiatives.--The Secretary 
shall ensure that the research and development program authorized by 
this section is coordinated with other research and development 
initiatives at the Department of Homeland Security, the Department of 
Transportation, and other Federal agencies.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $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. 304. RAIL WORKER SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with appropriate law 
enforcement, security, and terrorism experts, representatives of 
railroad carriers, and nonprofit employee organizations that represent 
rail workers, shall develop and issue detailed guidance for a rail 
worker security training program to prepare rail workers for potential 
threat conditions.
    (b) Program Elements.--The guidance developed under subsection (a) 
shall require such a program to include, at a minimum, elements that 
address the following:
            (1) Determination of the seriousness of any occurrence.
            (2) Crew and passenger communication and coordination.
            (3) Appropriate responses to defend oneself.
            (4) Use of protective devices.
            (5) Evacuation procedures.
            (6) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
            (7) Any other subject the Secretary considers appropriate.
    (c) Railroad Carrier Programs.--Not later than 60 days after the 
Secretary issues guidance under subsection (a) in final form, each 
railroad carrier shall develop a rail worker security training program 
in accordance with that guidance and submit it to the Secretary for 
approval. Not later than 60 days after receiving a railroad carrier's 
program under this subsection, the Secretary shall review the program 
and approve it or require the railroad carrier to make any revisions 
the Secretary considers necessary for the program to meet the guidance 
requirements.
    (d) Training.--Not later than 1 year after the Secretary approves 
the training program developed by a railroad carrier under this 
section, the railroad carrier shall complete the training of all rail 
workers in accordance with that program.
    (e) Updates.--The Secretary shall update the training guidance 
issued under subsection (a) from time to time to reflect new or 
different security threats, and require railroad carriers to revise 
their programs accordingly and provide additional training to their 
rail workers.

SEC. 305. WHISTLEBLOWER PROTECTION.

    (a) In General.--Subchapter I of chapter 201 of title 49, is 
amended by inserting after section 20115 the following:
``Sec. 20116. Whistleblower protection for railroad security matters
    ``(a) Discrimination Against Employee.--No railroad 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;
            ``(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;
            ``(3) has assisted or participated, or is about to assist 
        or participate, in any manner in a proceeding or any other 
        action to enhance railroad security; or
            ``(4) refused to violate or assist in the violation of any 
        law, rule, or regulation related to railroad security.
    ``(b) Enforcement Action.--
            ``(1) In general.--A person who alleges discharge or other 
        discrimination by any person in violation of subsection (a) may 
        seek relief under subsection (c) by--
                    ``(A) filing a complaint with the Secretary of 
                Labor; or
                    ``(B) if the Secretary of Labor has not issued a 
                final decision within 180 days of the filing of the 
                complaint and there is no showing that such delay is 
                due to the bad faith of the claimant, bringing an 
                action at law or equity for de novo review in the 
                appropriate district court of the United States, which 
                shall have jurisdiction over such an action without 
                regard to the amount in controversy.
            ``(2) Procedure.--
                    ``(A) In general.--An action under paragraph (1)(A) 
                shall be governed under the rules and procedures set 
                forth in section 42121(b) of this title.
                    ``(B) Exception.--Notification made under section 
                42121(b)(1) of this title, shall be made to the person 
                named in the complaint and to the employer.
                    ``(C) Burdens of proof.--An action brought under 
                paragraph (1)(B) shall be governed by the legal burdens 
                of proof set forth in section 42121(b) this title.
                    ``(D) Statute of limitations.--An action under 
                paragraph (1)(A) shall be commenced not later than 90 
                days after the date on which the violation occurs.
    ``(c) Remedies.--
            ``(1) In general.--An employee prevailing in any action 
        under subsection (b)(1) shall be entitled to all relief 
        necessary to make the employee whole.
            ``(2) Compensatory damages.--Relief for any action under 
        paragraph (1) shall include--
                    ``(A) reinstatement with the same seniority status 
                that the employee would have had, but for the 
                discrimination;
                    ``(B) the amount of back pay, with interest; and
                    ``(C) compensation for any special damages 
                sustained as a result of the discrimination, including 
                litigation costs, expert witness fees, and reasonable 
                attorney fees.
    ``(d) Rights Retained by Employee.--Except as provided in 
subsection (e), nothing in this section shall be deemed to diminish the 
rights, privileges, or remedies of any employee under any Federal or 
State law, or under any collective bargaining agreement.
    ``(e) 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 railroad carrier.
    ``(f) Disclosure of Identity.--
            ``(1) In general.--Except as provided in paragraph (2), 
        without the written consent of the employee, the Secretary of 
        Labor may not disclose the name of an employee of a railroad 
        carrier who has provided information about an alleged violation 
        of this section.
            ``(2) Exception.--The Secretary of Labor 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 table of sections for chapter 201 of 
title 49, is amended by inserting after the item relating to section 
20115 the following:

``20116. Whistleblower protection for railroad security matters.''.

SEC. 306. PUBLIC OUTREACH.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary shall develop a national plan for public outreach and 
awareness. Such plan shall be designed to increase awareness of 
measures that the general public, railroad passengers, and railroad 
employees can take to increase railroad system security. Such plan 
shall also provide outreach to railroad carriers and their employees to 
improve their awareness of available technologies, ongoing research and 
development efforts, and available Federal funding sources to improve 
railroad security. Not later than 9 months after the date of enactment 
of this Act, the Secretary shall implement the plan developed under 
this section.

SEC. 307. PASSENGER, BAGGAGE, AND CARGO SCREENING.

    The Secretary 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 Secretary may have for implementing a 
        rail security screening program to the Committee on 
        Transportation and Infrastructure and the Committee on Homeland 
        Security of the House of Representatives and to the Committee 
        on Commerce, Science, and Transportation of the Senate not 
        later than 1 year after the date of enactment of this Act.

SEC. 308. EMERGENCY RESPONDER TRAINING STANDARDS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Transportation shall issue training standards for persons 
responsible for responding to emergency situations occurring during 
transportation of hazardous materials by rail, in accordance with 
existing regulations, to ensure their ability to protect nearby 
persons, property, or the environment from the effects of accidents 
involving hazardous materials.

SEC. 309. INFORMATION FOR FIRST RESPONDERS.

    (a) In General.--The Secretary of Transportation shall provide 
grants to Operation Respond Institute for the purpose of--
            (1) deploying and expanding the Operation Respond Emergency 
        Information System software;
            (2) developing, implementing, and maintaining a railroad 
        infrastructure mapping program that correlates railroad right-
        of-way information with highway grid maps and overhead imagery 
        of traffic routes, hazardous materials routes, and commuter 
        rail lines; and
            (3) establishing an alert and messaging capability for use 
        during emergencies involving freight and passenger railroads.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation to carry out this 
section $2,500,000 for each of fiscal years 2005, 2006, and 2007. 
Amounts appropriated pursuant to this subsection shall remain available 
until expended.

SEC. 310. TSA PERSONNEL LIMITATIONS.

    Any statutory limitation on the number of employees in the 
Transportation Security Administration, 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. 311. 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. 312. RAIL SECURITY.

    (a) Rail Police Officers.--
            (1) Amendment.--Section 28101 of title 49, United States 
        Code, is amended to read as follows:
``Sec. 28101. Rail and State public transit police officers
    ``(a) In General.--Under regulations prescribed by the Secretary of 
Transportation, a rail or public transit system police officer who is 
employed by a rail carrier or a public transportation system and 
certified or commissioned as a police officer under the laws of a State 
may enforce the laws of any jurisdiction in which any rail carrier or 
public transit system owns property or provides service, to the extent 
of the authority of a police officer certified or commissioned under 
the laws of that jurisdiction, to protect--
            ``(1) employees, passengers, or patrons of any rail carrier 
        or public transit system;
            ``(2) property, equipment, and facilities owned, leased, 
        operated, or maintained by any rail carrier or public transit 
        system;
            ``(3) property moving in interstate or foreign commerce in 
        the possession of any rail carrier or public transit system; 
        and
            ``(4) personnel, equipment, and material moving by rail or 
        public transit that are vital to the national defense.
    ``(b) Definition.--In this section, the term `public transit' has 
the meaning given that term by section 5302(a) of this title.''.
            (2) Table of sections amendment.--The item relating to 
        section 28101 in the table of sections for chapter 281 of title 
        49, United States Code, is amended to read as follows:

``28101. Rail and State public transit police officers.''.
    (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. 313. DEFINITIONS.

    For purposes of this title--
            (1) the terms ``railroad'' and ``railroad carrier'' have 
        the meaning given those terms in section 20102 of title 49, 
        United States Code; and
            (2) the term ``Secretary'' means the Secretary of Homeland 
        Security.
                                 <all>
```