108TH CONGRESS

2D SESSION S. 2273

AN ACT

To provide increased rail transportation security.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Rail Security Act of 2004’’.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Rail transportation security risk assessment.

Sec. 3. Rail security.

Sec. 4. Study of foreign rail transport security programs.

Sec. 5. Passenger, baggage, and cargo screening.

Sec. 6. Certain personnel limitations not to apply.

Sec. 7. Fire and life-safety improvements.

Sec. 8. Memorandum of agreement.

Sec. 9. Amtrak plan to assist families of passengers involved in rail passenger

accidents.

Sec. 10. Systemwide Amtrak security upgrades.

Sec. 11. Freight and passenger rail security upgrades.

Sec. 12. Oversight and grant procedures.

Sec. 13. Rail security research and development.

Sec. 14. Welded rail and tank car safety improvements.

Sec. 15. Northern Border rail passenger report.

Sec. 16. Report regarding impact on security of train travel in communities

without grade separation.

Sec. 17. Whistleblower protection program.

3 SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESS4 MENT.

5 (a) IN GENERAL.—

6 (1) VULNERABILITY ASSESSMENT.—The Under

7 Secretary of Homeland Security for Border and

8 Transportation Security, in consultation with the

9 Secretary of Transportation, shall complete a vulner10 ability assessment of freight and passenger rail

11 transportation (encompassing railroads, as that term

12 is defined in section 20102(1) of title 49, United

13 States Code). The assessment shall include—

14 (A) identification and evaluation of critical

15 assets and infrastructures;
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1 (B) identification of threats to those assets

2 and infrastructures;

3 (C) identification of vulnerabilities that are

4 specific to the transportation of hazardous ma5 terials via railroad; and

6 (D) identification of security weaknesses in

7 passenger and cargo security, transportation in8 frastructure, protection systems, procedural

9 policies, communications systems, employee

10 training, emergency response planning, and any

11 other area identified by the assessment.

12 (2) EXISTING PRIVATE AND PUBLIC SECTOR

13 EFFORTS.—The assessment shall take into account

14 actions taken or planned by both public and private

15 entities to address identified security issues and as16 sess the effective integration of such actions.

17 (3) RECOMMENDATIONS.—Based on the assess18 ment conducted under paragraph (1), the Under

19 Secretary, in consultation with the Secretary of

20 Transportation, shall develop prioritized rec21 ommendations for improving rail security, including

22 any recommendations the Under Secretary has for—

23 (A) improving the security of rail tunnels,

24 rail bridges, rail switching and car storage

25 areas, other rail infrastructure and facilities, in-
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1 formation systems, and other areas identified

2 by the Under Secretary as posing significant

3 rail-related risks to public safety and the move4 ment of interstate commerce, taking into ac5 count the impact that any proposed security

6 measure might have on the provision of rail

7 service;

8 (B) deploying equipment to detect explo9 sives and hazardous chemical, biological, and

10 radioactive substances, and any appropriate

11 countermeasures;

12 (C) training employees in terrorism pre13 vention, passenger evacuation, and response ac14 tivities;

15 (D) conducting public outreach campaigns

16 on passenger railroads;

17 (E) deploying surveillance equipment; and

18 (F) identifying the immediate and long19 term costs of measures that may be required to

20 address those risks.

21 (4) PLANS.—The report required by subsection

22 (c) shall include—

23 (A) a plan, developed in consultation with

24 the freight and intercity passenger railroads,

25 and State and local governments, for the gov-
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1 ernment to provide increased security support

2 at high or severe threat levels of alert; and

3 (B) a plan for coordinating rail security

4 initiatives undertaken by the public and private

5 sectors.

6 (b) CONSULTATION; USE OF EXISTING RE7 SOURCES.—In carrying out the assessment required by

8 subsection (a), the Under Secretary of Homeland Security

9 for Border and Transportation Security shall consult with

10 rail management, rail labor, owners or lessors of rail cars

11 used to transport hazardous materials, first responders,

12 shippers of hazardous materials, public safety officials (in13 cluding those within other agencies and offices within the

14 Department of Homeland Security), and other relevant

15 parties.

16 (c) REPORT.—

17 (1) CONTENTS.—Within 180 days after the

18 date of enactment of this Act, the Under Secretary

19 shall transmit to the Senate Committee on Com20 merce, Science, and Transportation and the House

21 of Representatives Committee on Transportation

22 and Infrastructure a report containing the assess23 ment and prioritized recommendations required by

24 subsection (a) and an estimate of the cost to imple25 ment such recommendations.
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1 (2) FORMAT.—The Under Secretary may sub2 mit the report in both classified and redacted for3 mats if the Under Secretary determines that such

4 action is appropriate or necessary.

5 (d) 2-YEAR UPDATES.—The Under Secretary, in con6 sultation with the Secretary of Transportation, shall up7 date the assessment and recommendations every 2 years

8 and transmit a report, which may be submitted in both

9 classified and redacted formats, to the Committees named

10 in subsection (c)(1), containing the updated assessment

11 and recommendations.

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to the Under Secretary

14 of Homeland Security for Border and Transportation Se15 curity $5,000,000 for fiscal year 2005 for the purpose of

16 carrying out this section.

17 SEC. 3. RAIL SECURITY.

18 (a) RAIL POLICE OFFICERS.—Section 28101 of title

19 49, United States Code, is amended by striking ‘‘the rail

20 carrier’’ each place it appears and inserting ‘‘any rail car21 rier’’.

22 (b) REVIEW OF RAIL REGULATIONS.—Within 1 year

23 after the date of enactment of this Act, the Secretary of

24 Transportation, in consultation with the Under Secretary

25 of Homeland Security for Border and Transportation Se-
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1 curity, shall review existing rail regulations of the Depart2 ment of Transportation for the purpose of identifying

3 areas in which those regulations need to be revised to im4 prove rail security.

5 SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY

6 PROGRAMS.

7 (a) REQUIREMENT FOR STUDY.—Within one year

8 after the date of enactment of the Rail Security Act of

9 2004, the Comptroller General shall complete a study of

10 the rail passenger transportation security programs that

11 are carried out for rail transportation systems in Japan,

12 member nations of the European Union, and other foreign

13 countries.

14 (b) PURPOSE.—The purpose of the study shall be to

15 identify effective rail transportation security measures

16 that are in use in foreign rail transportation systems, in17 cluding innovative measures and screening procedures de18 termined effective.

19 (c) REPORT.—The Comptroller General shall submit

20 a report on the results of the study to the Senate Com21 mittee on Commerce, Science, and Transportation and the

22 House of Representatives Committee on Transportation

23 and Infrastructure. The report shall include the Comp24 troller General’s assessment regarding whether it is fea25 sible to implement within the United States any of the
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1 same or similar security measures that are determined ef2 fective under the study.

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

4 (a) REQUIREMENT FOR STUDY AND REPORT.—The

5 Under Secretary of Homeland Security for Border and

6 Transportation Security, in cooperation with the Secretary

7 of Transportation, shall—

8 (1) analyze the cost and feasibility of requiring

9 security screening for passengers, baggage, and

10 cargo on passenger trains; and

11 (2) report the results of the study, together

12 with any recommendations that the Under Secretary

13 may have for implementing a rail security screening

14 program to the Senate Committee on Commerce,

15 Science, and Transportation and the House of Rep16 resentatives Committee on Transportation and In17 frastructure within 1 year after the date of enact18 ment of this Act.

19 (b) PILOT PROGRAM.—As part of the study under

20 subsection (a), the Under Secretary shall complete a pilot

21 program of random security screening of passengers and

22 baggage at 5 passenger rail stations served by Amtrak se23 lected by the Under Secretary. In conducting the pilot pro24 gram, the Under Secretary shall—
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1 (1) test a wide range of explosives detection

2 technologies, devices and methods;

3 (2) require that intercity rail passengers

4 produce government-issued photographic identifica5 tion which matches the name on the passenger’s

6 tickets prior to boarding trains; and

7 (3) attempt to give preference to locations at

8 the highest risk of terrorist attack and achieve a dis9 tribution of participating train stations in terms of

10 geographic location, size, passenger volume, and

11 whether the station is used by commuter rail pas12 sengers as well as Amtrak passengers.

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to the Under Secretary

15 of Homeland Security for Border and Transportation Se16 curity to carry out this section $5,000,000 for fiscal year

17 2005.

18 SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

19 Any statutory limitation on the number of employees

20 in the Transportation Security Administration of the De21 partment of Transportation, before or after its transfer

22 to the Department of Homeland Security, does not apply

23 to the extent that any such employees are responsible for

24 implementing the provisions of this Act.
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1 SEC. 7. FIRE AND LIFE-SAFETY IMPROVEMENTS.

2 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans3 portation is authorized to make grants to Amtrak for the

4 purpose of making fire and life-safety improvements to

5 Amtrak tunnels on the Northeast Corridor in New York,

6 NY, Baltimore, MD, and Washington, DC.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to the Secretary of

9 Transportation for the purposes of carrying out subsection

10 (a) the following amounts:

11 (1) For the 6 New York tunnels to provide ven12 tilation, electrical, and fire safety technology up13 grades, emergency communication and lighting sys14 tems, and emergency access and egress for

15 passengers—

16 (A) $100,000,000 for fiscal year 2005;

17 (B) $100,000,000 for fiscal year 2006;

18 (C) $100,000,000 for fiscal year 2007;

19 (D) $100,000,000 for fiscal year 2008;

20 and

21 (E) $170,000,000 for fiscal year 2009.

22 (2) For the Baltimore & Potomac tunnel and

23 the Union tunnel, together, to provide adequate

24 drainage, ventilation, communication, lighting, and

25 passenger egress upgrades—

26 (A) $10,000,000 for fiscal year 2005;
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1 (B) $10,000,000 for fiscal year 2006;

2 (C) $10,000,000 for fiscal year 2007;

3 (D) $10,000,000 for fiscal year 2008; and

4 (E) $17,000,000 for fiscal year 2009.

5 (3) For the Washington, DC Union Station

6 tunnels to improve ventilation, communication, light7 ing, and passenger egress upgrades—

8 (A) $8,000,000 for fiscal year 2005;

9 (B) $8,000,000 for fiscal year 2006;

10 (C) $8,000,000 for fiscal year 2007;

11 (D) $8,000,000 for fiscal year 2008; and

12 (E) $8,000,000 for fiscal year 2009.

13 (c) INFRASTRUCTURE UPGRADES.—There are au14 thorized to be appropriated to the Secretary of Transpor15 tation for fiscal year 2005 $3,000,000 for the preliminary

16 design of options for a new tunnel on a different alignment

17 to augment the capacity of the existing Baltimore tunnels.

18 (d) AVAILABILITY OF APPROPRIATED FUNDS.—

19 Amounts appropriated pursuant to this section shall re20 main available until expended.

21 (e) PLANS REQUIRED.—The Secretary may not make

22 amounts available to Amtrak for obligation or expenditure

23 under subsection (a)—
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1 (1) until Amtrak has submitted to the Sec2 retary, and the Secretary has approved, an engineer3 ing and financial plan for such projects; and

4 (2) unless, for each project funded pursuant to

5 this section, the Secretary has approved a project

6 management plan prepared by Amtrak addressing

7 appropriate project budget, construction schedule,

8 recipient staff organization, document control and

9 record keeping, change order procedure, quality con10 trol and assurance, periodic plan updates, periodic

11 status reports, and such other matters the Secretary

12 deems appropriate.

13 (f) REVIEW OF PLANS.—The Secretary of Transpor14 tation shall complete the review of the plans required by

15 paragraphs (1) and (2) of subsection (e) and approve or

16 disapprove the plans within 45 days after the date on

17 which each such plan is submitted by Amtrak. If the Sec18 retary determines that a plan is incomplete or deficient,

19 the Secretary shall notify Amtrak of the incomplete items

20 or deficiencies and Amtrak shall, within 30 days after re21 ceiving the Secretary’s notification, submit a modified

22 plan for the Secretary’s review. Within 15 days after re23 ceiving additional information on items previously included

24 in the plan, and within 45 days after receiving items newly

25 included in a modified plan, the Secretary shall either ap-
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1 prove the modified plan, or, if the Secretary finds the plan

2 is still incomplete or deficient, the Secretary shall identify

3 in writing to the Senate Committee on Commerce, Science,

4 and Transportation and the House of Representatives

5 Committee on Transportation and Infrastructure the por6 tions of the plan the Secretary finds incomplete or defi7 cient, approve all other portions of the plan, obligate the

8 funds associated with those other portions, and execute

9 an agreement with Amtrak within 15 days thereafter on

10 a process for resolving the remaining portions of the plan.

11 (g) FINANCIAL CONTRIBUTION FROM OTHER TUN12 NEL USERS.—The Secretary shall, taking into account the

13 need for the timely completion of all portions of the tunnel

14 projects described in subsection (a)—

15 (1) consider the extent to which rail carriers

16 other than Amtrak use the tunnels;

17 (2) consider the feasibility of seeking a financial

18 contribution from those other rail carriers toward

19 the costs of the projects; and

20 (3) obtain financial contributions or commit21 ments from such other rail carriers at levels reflect22 ing the extent of their use of the tunnels, if feasible.

23 SEC. 8. MEMORANDUM OF AGREEMENT.

24 (a) MEMORANDUM OF AGREEMENT.—Within 60 days

25 after the date of enactment of this Act, the Secretary of
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1 Transportation and the Secretary of Homeland Security

2 shall execute a memorandum of agreement governing the

3 roles and responsibilities of the Department of Transpor4 tation and the Department of Homeland Security, respec5 tively, in addressing railroad transportation security mat6 ters, including the processes the departments will follow

7 to promote communications, efficiency, and nonduplication

8 of effort.

9 (b) RAIL SAFETY REGULATIONS.—Section 20103(a)

10 of title 49, United States Code, is amended by striking

11 ‘‘safety’’ the first place it appears, and inserting ‘‘safety,

12 including security,’’.

13 SEC. 9. AMTRAK PLAN TO ASSIST FAMILIES OF PAS14 SENGERS INVOLVED IN RAIL PASSENGER AC15 CIDENTS.

16 (a) IN GENERAL.—Chapter 243 of title 49, United

17 States Code, is amended by adding at the end the fol18 lowing:

19 ‘‘§ 24316. Plans to address needs of families of pas20 sengers involved in rail passenger acci21 dents

22 ‘‘(a) SUBMISSION OF PLAN.—Not later than 6

23 months after the date of the enactment of the Rail Secu24 rity Act of 2004, Amtrak shall submit to the Chairman

25 of the National Transportation Safety Board and the Sec-
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1 retary of Transportation a plan for addressing the needs

2 of the families of passengers involved in any rail passenger

3 accident involving an Amtrak intercity train and resulting

4 in a loss of life.

5 ‘‘(b) CONTENTS OF PLANS.—The plan to be sub6 mitted by Amtrak under subsection (a) shall include, at

7 a minimum, the following:

8 ‘‘(1) A process by which Amtrak will maintain

9 and provide to the National Transportation Safety

10 Board and the Secretary of Transportation, imme11 diately upon request, a list (which is based on the

12 best available information at the time of the request)

13 of the names of the passengers aboard the train

14 (whether or not such names have been verified), and

15 will periodically update the list. The plan shall in16 clude a procedure, with respect to unreserved trains

17 and passengers not holding reservations on other

18 trains, for Amtrak to use reasonable efforts to ascer19 tain the number and names of passengers aboard a

20 train involved in an accident.

21 ‘‘(2) A plan for creating and publicizing a reli22 able, toll-free telephone number within 4 hours after

23 such an accident occurs, and for providing staff, to

24 handle calls from the families of the passengers.
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1 ‘‘(3) A process for notifying the families of the

2 passengers, before providing any public notice of the

3 names of the passengers, by suitably trained individ4 uals.

5 ‘‘(4) A process for providing the notice de6 scribed in paragraph (2) to the family of a pas7 senger as soon as Amtrak has verified that the pas8 senger was aboard the train (whether or not the

9 names of all of the passengers have been verified).

10 ‘‘(5) A process by which the family of each pas11 senger will be consulted about the disposition of all

12 remains and personal effects of the passenger within

13 Amtrak’s control; that any possession of the pas14 senger within Amtrak’s control will be returned to

15 the family unless the possession is needed for the ac16 cident investigation or any criminal investigation;

17 and that any unclaimed possession of a passenger

18 within Amtrak’s control will be retained by the rail

19 passenger carrier for at least 18 months.

20 ‘‘(6) A process by which the treatment of the

21 families of nonrevenue passengers will be the same

22 as the treatment of the families of revenue pas23 sengers.

24 ‘‘(7) An assurance that Amtrak will provide

25 adequate training to its employees and agents to
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1 meet the needs of survivors and family members fol2 lowing an accident.

3 ‘‘(c) USE OF INFORMATION.—The National Trans4 portation Safety Board, the Secretary of Transportation,

5 and Amtrak may not release to any person information

6 on a list obtained under subsection (b)(1) but may provide

7 information on the list about a passenger to the family

8 of the passenger to the extent that the Board or Amtrak

9 considers appropriate.

10 ‘‘(d) LIMITATION ON LIABILITY.—Amtrak shall not

11 be liable for damages in any action brought in a Federal

12 or State court arising out of the performance of Amtrak

13 in preparing or providing a passenger list, or in providing

14 information concerning a train reservation, pursuant to a

15 plan submitted by Amtrak under subsection (b), unless

16 such liability was caused by Amtrak’s conduct.

17 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—

18 Nothing in this section may be construed as limiting the

19 actions that Amtrak may take, or the obligations that Am20 trak may have, in providing assistance to the families of

21 passengers involved in a rail passenger accident.

22 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to the Secretary of

24 Transportation for the use of Amtrak $500,000 for fiscal

25 year 2005 to carry out this section. Amounts appropriated
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1 pursuant to this subsection shall remain available until ex2 pended.’’.

3 (b) CONFORMING AMENDMENT.—The chapter anal4 ysis for chapter 243 of title 49, United States Code, is

5 amended by adding at the end the following:

‘‘Sec.

‘‘24316. Plan to assist families of passengers involved in rail passenger accidents.’’.

6 SEC. 10. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

7 (a) IN GENERAL—Subject to subsection (c), the

8 Under Secretary of Homeland Security for Border and

9 Transportation Security is authorized to make grants,

10 through the Secretary of Transportation, to Amtrak—

11 (1) to secure major tunnel access points and en12 sure tunnel integrity in New York, Baltimore, and

13 Washington, DC;

14 (2) to secure Amtrak trains;

15 (3) to secure Amtrak stations;

16 (4) to obtain a watch list identification system

17 approved by the Under Secretary;

18 (5) to obtain train tracking and interoperable

19 communications systems that are coordinated to the

20 maximum extent possible;

21 (6) to hire additional police and security offi22 cers, including canine units; and

23 (7) to expand emergency preparedness efforts.
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1 (b) CONDITIONS.—The Secretary of Transportation

2 may not disburse funds to Amtrak under subsection (a)

3 unless the projects are contained in a systemwide security

4 plan approved by the Under Secretary, in consultation

5 with the Secretary of Transportation, and, for capital

6 projects, meet the requirements of section 7(e)(2). The

7 plan shall include appropriate measures to address secu8 rity awareness, emergency response, and passenger evacu9 ation training.

10 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The

11 Under Secretary shall ensure that, subject to meeting the

12 highest security needs on Amtrak’s entire system, stations

13 and facilities located outside of the Northeast Corridor re14 ceive an equitable share of the security funds authorized

15 by this section.

16 (d) AVAILABILITY OF FUNDS.—There are authorized

17 to be appropriated to the Under Secretary of Homeland

18 Security for Border and Transportation Security

19 $63,500,000 for fiscal year 2005 for the purposes of car20 rying out this section. Amounts appropriated pursuant to

21 this subsection shall remain available until expended.

22 SEC. 11. FREIGHT AND PASSENGER RAIL SECURITY UP23 GRADES.

24 (a) SECURITY IMPROVEMENT GRANTS.—The Under

25 Secretary of Homeland Security for Border and Transpor-
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1 tation Security is authorized to make grants to freight

2 railroads, the Alaska Railroad, hazardous materials ship3 pers, owners of rail cars used in the transportation of haz4 ardous materials, universities, colleges and research cen5 ters, State and local governments (for passenger facilities

6 and infrastructure not owned by Amtrak), and, through

7 the Secretary of Transportation, to Amtrak, for full or

8 partial reimbursement of costs incurred in the conduct of

9 activities to prevent or respond to acts of terrorism, sabo10 tage, or other intercity passenger rail and freight rail secu11 rity threats, including—

12 (1) security and redundancy for critical commu13 nications, computer, and train control systems essen14 tial for secure rail operations;

15 (2) accommodation of cargo or passenger

16 screening equipment at the United States-Mexico

17 border or the United States-Canada border;

18 (3) the security of hazardous material transpor19 tation by rail;

20 (4) secure intercity passenger rail stations,

21 trains, and infrastructure;

22 (5) structural modification or replacement of

23 rail cars transporting high hazard materials to im24 prove their resistance to acts of terrorism;
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1 (6) employee security awareness, preparedness,

2 passenger evacuation, and emergency response train3 ing;

4 (7) public security awareness campaigns for

5 passenger train operations;

6 (8) the sharing of intelligence and information

7 about security threats;

8 (9) to obtain train tracking and interoperable

9 communications systems that are coordinated to the

10 maximum extent possible;

11 (10) to hire additional police and security offi12 cers, including canine units; and

13 (11) other improvements recommended by the

14 report required by section 2, including infrastruc15 ture, facilities, and equipment upgrades.

16 (b) ACCOUNTABILITY.—The Under Secretary shall

17 adopt necessary procedures, including audits, to ensure

18 that grants made under this section are expended in ac19 cordance with the purposes of this Act and the priorities

20 and other criteria developed by the Under Secretary.

21 (c) EQUITABLE ALLOCATION.—The Under Secretary

22 shall equitably distribute the funds authorized by this sec23 tion, taking into account geographic location, and shall en24 courage non-Federal financial participation in awarding

25 grants. With respect to grants for passenger rail security,
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1 the Under Secretary shall also take into account passenger

2 volume and whether a station is used by commuter rail

3 passengers as well as intercity rail passengers.

4 (d) CONDITIONS.—The Secretary of Transportation

5 may not disburse funds to Amtrak under subsection (a)

6 unless Amtrak meets the conditions set forth in section

7 10(b) of this Act.

8 (e) ALLOCATION BETWEEN RAILROADS AND OTH9 ERS.—Unless as a result of the assessment required by

10 section 2 the Under Secretary of Homeland Security for

11 Border and Transportation Security determines that crit12 ical rail transportation security needs require reimburse13 ment in greater amounts to any eligible entity, no grants

14 under this section may be made—

15 (1) in excess of $65,000,000 to Amtrak; or

16 (2) in excess of $100,000,000 for the purposes

17 described in paragraphs (3) and (5) of subsection

18 (a).

19 (f) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to the Under Secretary

21 of Homeland Security for Border and Transportation Se22 curity $350,000,000 for fiscal year 2005 to carry out the

23 purposes of this section. Amounts appropriated pursuant

24 to this subsection shall remain available until expended.
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1 (g) HIGH HAZARD MATERIALS DEFINED.—In this

2 section, the term ‘‘high hazard materials’’ means poison

3 inhalation hazard materials, Class 2.3 gases, Class 6.1

4 materials, and anhydrous ammonia.

5 SEC. 12. OVERSIGHT AND GRANT PROCEDURES.

6 (a) SECRETARIAL OVERSIGHT.—The Secretary of

7 Transportation may use up to 0.5 percent of amounts

8 made available to Amtrak for capital projects under the

9 Rail Security Act of 2004 to enter into contracts for the

10 review of proposed capital projects and related program

11 management plans and to oversee construction of such

12 projects.

13 (b) USE OF FUNDS.—The Secretary may use

14 amounts available under subsection (a) of this subsection

15 to make contracts for safety, procurement, management,

16 and financial compliance reviews and audits of a recipient

17 of amounts under subsection (a).

18 (c) PROCEDURES FOR GRANT AWARD.—The Under

19 Secretary shall prescribe procedures and schedules for the

20 awarding of grants under this Act, including application

21 and qualification procedures (including a requirement that

22 the applicant have a security plan), and a record of deci23 sion on applicant eligibility. The procedures shall include

24 the execution of a grant agreement between the grant re25 cipient and the Under Secretary. The Under Secretary
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1 shall issue a final rule establishing the procedures not

2 later than 90 days after the date of enactment of this Act.

3 SEC. 13. RAIL SECURITY RESEARCH AND DEVELOPMENT.

4 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP5 MENT PROGRAM.—The Under Secretary of Homeland Se6 curity for Border and Transportation Security, in conjunc7 tion with the Secretary of Transportation, shall carry out

8 a research and development program for the purpose of

9 improving freight and intercity passenger rail security that

10 may include research and development projects to—

11 (1) reduce the vulnerability of passenger trains,

12 stations, and equipment to explosives and hazardous

13 chemical, biological, and radioactive substances;

14 (2) test new emergency response techniques and

15 technologies;

16 (3) develop improved freight technologies,

17 including—

18 (A) technologies for sealing rail cars;

19 (B) automatic inspection of rail cars;

20 (C) communication-based train controls;

21 and

22 (D) emergency response training;

23 (4) test wayside detectors that can detect tam24 pering with railroad equipment; and
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1 (5) support enhanced security for the transpor2 tation of hazardous materials by rail, including—

3 (A) technologies to detect a breach in a

4 tank car and transmit information about the in5 tegrity of tank cars to the train crew;

6 (B) research to improve tank car integrity,

7 with a focus on tank cars that carry high haz8 ard materials (as defined in section 11(g) of

9 this Act;

10 (C) techniques to transfer hazardous mate11 rials from rail cars that are damaged or other12 wise represent an unreasonable risk to human

13 life or public safety;

14 (6) other projects recommended in the report

15 required by section 2.

16 (b) COORDINATION WITH OTHER RESEARCH INITIA17 TIVES.—The Under Secretary of Homeland Security for

18 Border and Transportation Security shall ensure that the

19 research and development program authorized by this sec20 tion is coordinated with other research and development

21 initiatives at the Department and the Department of

22 Transportation. The Under Secretary of Homeland Secu23 rity for Border and Transportation Security shall carry

24 out any research and development project authorized by

25 this section through a reimbursable agreement with the
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1 Secretary of Transportation if the Secretary of

2 Transportation—

3 (1) is already sponsoring a research and devel4 opment project in a similar area; or

5 (2) has a unique facility or capability that

6 would be useful in carrying out the project.

7 (c) ACCOUNTABILITY.—The Under Secretary shall

8 adopt necessary procedures, including audits, to ensure

9 that grants made under this section are expended in ac10 cordance with the purposes of this Act and the priorities

11 and other criteria developed by the Under Secretary.

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated to the Under Secretary

14 of Homeland Security for Border and Transportation Se15 curity $50,000,000 in each of fiscal years 2005 and 2006

16 to carry out the purposes of this section. Amounts appro17 priated pursuant to this subsection shall remain available

18 until expended.

19 SEC. 14. WELDED RAIL AND TANK CAR SAFETY IMPROVE20 MENTS.

21 (a) TRACK STANDARDS.—Within 90 days after the

22 date of enactment of this Act, the Federal Railroad Ad23 ministration shall—

24 (1) require each track owner using continuous

25 welded rail track to include procedures (in its proce-
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1 dures filed with the Administration pursuant to sec2 tion 213.119 of title 49, Code of Federal Regula3 tions) to improve the identification of cracks in rail

4 joint bars;

5 (2) instruct Administration track inspectors to

6 obtain copies of the most recent continuous welded

7 rail programs of each railroad within the inspectors’

8 areas of responsibility and require that inspectors

9 use those programs when conducting track inspec10 tions; and

11 (3) establish a program to periodically review

12 continuous welded rail joint bar inspection data from

13 railroads and Administration track inspectors and,

14 whenever the Administration determines that it is

15 necessary or appropriate, require railroads to in16 crease the frequency or improve the methods of in17 spection of joint bars in continuous welded rail.

18 (b) TANK CAR STANDARDS.—The Federal Railroad

19 Administration shall—

20 (1) within 1 year after the date of enactment

21 of this Act, validate the predictive model it is devel22 oping to quantify the relevant dynamic forces acting

23 on railroad tank cars under accident conditions; and

24 (2) within 18 months after the date of enact25 ment of this Act, initiate a rulemaking to develop
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1 and implement appropriate design standards for

2 pressurized tank cars.

3 (c) OLDER TANK CAR IMPACT RESISTANCE ANAL4 YSIS AND REPORT.—Within 2 years after the date of en5 actment of this Act, the Federal Railroad Administration

6 shall—

7 (1) conduct a comprehensive analysis to deter8 mine the impact resistance of the steels in the shells

9 of pressure tank cars constructed before 1989; and

10 (2) transmit a report to the Senate Committee

11 on Commerce, Science, and Transportation and the

12 House of Representatives Committee on Transpor13 tation and Infrastructure with recommendations for

14 measures to eliminate or mitigate the risk of cata15 strophic failure.

16 SEC. 15. NORTHERN BORDER RAIL PASSENGER REPORT.

17 Within 180 days after the date of enactment of this

18 Act, the Under Secretary of Homeland Security for Bor19 der and Transportation Security, in consultation with the

20 heads of other appropriate Federal departments and agen21 cies and the National Railroad Passenger Corporation,

22 shall transmit a report to the Senate Committee on Com23 merce, Science, and Transportation and the House of Rep24 resentatives Committee on Transportation and Infrastruc25 ture that contains—
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1 (1) a description of the current system for

2 screening passengers and baggage on passenger rail

3 service between the United States and Canada;

4 (2) an assessment of the current program to

5 provide preclearance of airline passengers between

6 the United States and Canada as outlined in ‘‘The

7 Agreement on Air Transport Preclearance between

8 the Government of Canada and the Government of

9 the United States of America’’, dated January 18,

10 2001;

11 (3) an assessment of the current program to

12 provide preclearance of freight railroad traffic be13 tween the United States and Canada as outlined in

14 the ‘‘Declaration of Principle for the Improved Secu15 rity of Rail Shipments by Canadian National Rail16 way and Canadian Pacific Railway from Canada to

17 the United States’’, dated April 2, 2003;

18 (4) information on progress by the Department

19 of Homeland Security and other Federal agencies to20 wards finalizing a bilateral protocol with Canada

21 that would provide for preclearance of passengers on

22 trains operating between the United States and Can23 ada;

24 (5) a description of legislative, regulatory,

25 budgetary, or policy barriers within the United
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1 States Government to providing pre-screened pas2 senger lists for rail passengers travelling between the

3 United States and Canada to the Department of

4 Homeland Security;

5 (6) a description of the position of the Govern6 ment of Canada and relevant Canadian agencies

7 with respect to preclearance of such passengers; and

8 (7) a draft of any changes in existing Federal

9 law necessary to provide for pre-screening of such

10 passengers and providing pre-screened passenger

11 lists to the Department of Homeland Security.

12 SEC. 16. REPORT REGARDING IMPACT ON SECURITY OF

13 TRAIN TRAVEL IN COMMUNITIES WITHOUT

14 GRADE SEPARATION.

15 (a) STUDY.—The Secretary of Homeland Security

16 shall, in consultation with State and local government offi17 cials, conduct a study on the impact of blocked highway18 railroad grade crossings on the ability of emergency re19 sponders, including ambulances and police, fire, and other

20 emergency vehicles, to perform public safety and security

21 duties in the event of a terrorist attack.

22 (b) REPORT.—Not later than 1 year after the date

23 of enactment of this Act, the Secretary of Homeland Secu24 rity shall submit a report to the Committee on Transpor25 tation and Infrastructure of the House of Representatives
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1 and the Committee on Commerce, Science, and Transpor2 tation of the Senate on the findings of the study conducted

3 under subsection (a) and recommendations for reducing

4 the impact of blocked crossings on emergency response.

5 SEC. 17. WHISTLEBLOWER PROTECTION PROGRAM.

6 (a) IN GENERAL.—Subchapter A of chapter 201 of

7 title 49, United States Code, is amended by inserting after

8 section 20115 the following:

9 ‘‘§ 20116. Whistleblower protection for rail security

10 matters

11 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—No rail

12 carrier engaged in interstate or foreign commerce may dis13 charge a railroad employee or otherwise discriminate

14 against a railroad employee because the employee (or any

15 person acting pursuant to a request of the employee)—

16 (1) provided, caused to be provided, or is about

17 to provide or cause to be provided, to the employer

18 or the Federal Government information relating to a

19 perceived threat to security; or

20 ‘‘(2) provided, caused to be provided, or is

21 about to provide or cause to be provided, testimony

22 before Congress or at any Federal or State pro23 ceeding regarding a perceived threat to security; or

24 ‘‘(3) refused to violate or assist in the violation

25 of any law, rule or regulation related to rail security.
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1 ‘‘(b) DISPUTE RESOLUTION.—A dispute, grievance,

2 or claim arising under this section is subject to resolution

3 under section 3 of the Railway Labor Act (45 U.S.C. 153).

4 In a proceeding by the National Railroad Adjustment

5 Board, a division or delegate of the Board, or another

6 board of adjustment established under section 3 to resolve

7 the dispute, grievance, or claim the proceeding shall be

8 expedited and the dispute, grievance, or claim shall be re9 solved not later than 180 days after it is filed. If the viola10 tion is a form of discrimination that does not involve dis11 charge, suspension, or another action affecting pay, and

12 no other remedy is available under this subsection, the

13 Board, division, delegate, or other board of adjustment

14 may award the employee reasonable damages, including

15 punitive damages, of not more than $20,000.

16 ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro17 vided in subsection (b), the procedure set forth in section

18 42121(b)(2)(B) of this title, including the burdens of

19 proof, applies to any complaint brought under this section.

20 ‘‘(d) ELECTION OF REMEDIES.—An employee of a

21 railroad carrier may not seek protection under both this

22 section and another provision of law for the same allegedly

23 unlawful act of the carrier.

24 ‘‘(e) DISCLOSURE OF IDENTITY.—
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1 ‘‘(1) Except as provided in paragraph (2) of

2 this subsection, or with the written consent of the

3 employee, the Secretary of Transportation may not

4 disclose the name of an employee of a railroad car5 rier who has provided information about an alleged

6 violation of this section.

7 ‘‘(2) The Secretary shall disclose to the Attor8 ney General the name of an employee described in

9 paragraph (1) of this subsection if the matter is re10 ferred to the Attorney General for enforcement.’’.

11 (b) CONFORMING AMENDMENT.—The chapter anal12 ysis for chapter 201 of title 49, United States Code, is

13 amended by inserting after the item relating to section

14 20115 the following:

‘‘20116. Whistleblower protection for rail security matters.’’.

Passed the Senate October 1, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2273

AN ACT

To provide increased rail transportation security.