H. R. 1—176 
shall revise its training program accordingly and provide addi-
tional training as necessary to its frontline employees within 
a reasonable time after the regulations are updated. 
(e) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure 
that the training program developed under subsection (a) is a 
component of the National Training Program established under 
section 648 of the Post Katrina Emergency Management Reform 
Act (Public Law 109–295; 6 U.S.C. 748). 
(f) REPORTING REQUIREMENTS.—Not later than 2 years after 
the date of regulation issuance, the Secretary shall review 
implementation of the training program of a representative sample 
of railroad carriers and railroad frontline employees, and report 
to the appropriate congressional committees on the number of 
reviews conducted and the results of such reviews. The Secretary 
may submit the report in both classified and redacted formats 
as necessary. 
(g) OTHER EMPLOYEES.—The Secretary shall issue guidance 
and best practices for a railroad shipper employee security program 
containing the elements listed under subsection (c). 
SEC. 1518. RAILROAD SECURITY RESEARCH AND DEVELOPMENT. 
(a) ESTABLISHMENT
OF RESEARCH
AND DEVELOPMENT PRO-
GRAM.—The Secretary, acting through the Under Secretary for 
Science and Technology and the Administrator of the Transportation 
Security Administration, shall carry out a research and development 
program for the purpose of improving the security of railroad 
transportation systems. 
(b) ELIGIBLE PROJECTS.—The research and development pro-
gram may include projects— 
(1) to reduce the vulnerability of passenger trains, stations, 
and equipment to explosives and hazardous chemical, biological, 
and radioactive substances, including the development of tech-
nology to screen passengers in large numbers at peak com-
muting times with minimal interference and disruption; 
(2) to test new emergency response and recovery techniques 
and technologies, including those used at international borders; 
(3) to develop improved railroad security technologies, 
including— 
(A) technologies for sealing or modifying railroad tank 
cars; 
(B) automatic inspection of railroad cars; 
(C) communication-based train control systems; 
(D) emergency response training, including training 
in a tunnel environment; 
(E) security and redundancy for critical communica-
tions, electrical power, computer, and train control systems; 
and 
(F) technologies for securing bridges and tunnels; 
(4) to test wayside detectors that can detect tampering; 
(5) to support enhanced security for the transportation 
of security-sensitive materials by railroad; 
(6) to mitigate damages in the event of a cyber attack; 
and 
(7) to address other vulnerabilities and risks identified 
by the Secretary. 
(c) COORDINATION WITH OTHER RESEARCH INITIATIVES.—The 
Secretary—
H. R. 1—177 
(1) shall ensure that the research and development program 
is consistent with the National Strategy for Railroad Transpor-
tation Security developed under section 1511 and any other 
transportation security research and development programs 
required by this Act; 
(2) shall, to the extent practicable, coordinate the research 
and development activities of the Department with other 
ongoing research and development security-related initiatives, 
including research being conducted by— 
(A) the Department of Transportation, including 
University Transportation Centers and other institutes, 
centers, and simulators funded by the Department of 
Transportation; 
(B) the National Academy of Sciences; 
(C) the Technical Support Working Group; 
(D) other Federal departments and agencies; and 
(E) other Federal and private research laboratories, 
research entities, and universities and institutions of 
higher education, including Historically Black Colleges and 
Universities, Hispanic Serving Institutions, or Indian Trib-
ally Controlled Colleges and Universities; 
(3) shall carry out any research and development project 
authorized by this section through a reimbursable agreement 
with an appropriate Federal agency, if the agency— 
(A) is currently sponsoring a research and development 
project in a similar area; or 
(B) has a unique facility or capability that would be 
useful in carrying out the project; 
(4) may award grants, or enter into cooperative agreements, 
contracts, other transactions, or reimbursable agreements to 
the entities described in paragraph (2) and the eligible grant 
recipients under section 1513; and 
(5) shall make reasonable efforts to enter into memoranda 
of understanding, contracts, grants, cooperative agreements, 
or other transactions with railroad carriers willing to contribute 
both physical space and other resources. 
(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 
(1) CONSULTATION.—In carrying out research and develop-
ment projects under this section, the Secretary shall consult 
with the Chief Privacy Officer of the Department and the 
Officer for Civil Rights and Civil Liberties of the Department 
as appropriate and in accordance with section 222 of the Home-
land Security Act of 2002 (6 U.S.C. 142). 
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sec-
tions 222 and 705 of the Homeland Security Act of 2002 (6 
U.S.C. 142; 345), the Chief Privacy Officer shall conduct privacy 
impact assessments and the Officer for Civil Rights and Civil 
Liberties shall conduct reviews, as appropriate, for research 
and development initiatives developed under this section that 
the Secretary determines could have an impact on privacy, 
civil rights, or civil liberties. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Out of funds appropriated pursuant to 
section 114(w) of title 49, United States Code, as amended 
by section 1503, there shall be made available to the Secretary 
to carry out this section— 
(A) $33,000,000 for fiscal year 2008;
H. R. 1—178 
(B) $33,000,000 for fiscal year 2009; 
(C) $33,000,000 for fiscal year 2010; and 
(D) $33,000,000 for fiscal year 2011. 
(2) PERIOD
OF
AVAILABILITY.—Such sums shall remain 
available until expended. 
SEC. 1519. RAILROAD TANK CAR SECURITY TESTING. 
(a) RAILROAD TANK CAR VULNERABILITY ASSESSMENT.— 
(1) ASSESSMENT.—The Secretary shall assess the likely 
methods of a deliberate terrorist attack against a railroad tank 
car used to transport toxic-inhalation-hazard materials, and 
for each method assessed, the degree to which it may be success-
ful in causing death, injury, or serious adverse effects to human 
health, the environment, critical infrastructure, national secu-
rity, the national economy, or public welfare. 
(2) THREATS.—In carrying out paragraph (1), the Secretary 
shall consider the most current threat information as to likely 
methods of a successful terrorist attack on a railroad tank 
car transporting toxic-inhalation-hazard materials, and may 
consider the following: 
(A) Explosive devices placed along the tracks or 
attached to a railroad tank car. 
(B) The use of missiles, grenades, rockets, mortars, 
or other high-caliber weapons against a railroad tank car. 
(3) PHYSICAL
TESTING.—In developing the assessment 
required under paragraph (1), the Secretary shall conduct phys-
ical testing of the vulnerability of railroad tank cars used 
to transport toxic-inhalation-hazard materials to different 
methods of a deliberate attack, using technical information 
and criteria to evaluate the structural integrity of railroad 
tank cars. 
(4) REPORT.—Not later than 30 days after the completion 
of the assessment under paragraph (1), the Secretary shall 
provide to the appropriate congressional committees a report, 
in the appropriate format, on such assessment. 
(b) RAILROAD TANK CAR DISPERSION MODELING.— 
(1) IN
GENERAL.—The Secretary, acting through the 
National Infrastructure Simulation and Analysis Center, shall 
conduct an air dispersion modeling analysis of release scenarios 
of toxic-inhalation-hazard materials resulting from a terrorist 
attack on a loaded railroad tank car carrying such materials 
in urban and rural environments. 
(2) CONSIDERATIONS.—The analysis under this subsection 
shall take into account the following considerations: 
(A) The most likely means of attack and the resulting 
dispersal rate. 
(B) Different times of day, to account for differences 
in cloud coverage and other atmospheric conditions in the 
environment being modeled. 
(C) Differences in population size and density. 
(D) Historically accurate wind speeds, temperatures, 
and wind directions. 
(E) Differences in dispersal rates or other relevant 
factors related to whether a railroad tank car is in motion 
or stationary. 
(F) Emergency response procedures by local officials.
H. R. 1—179 
(G) Any other considerations the Secretary believes 
would develop an accurate, plausible dispersion model for 
toxic-inhalation-hazard materials released from a railroad 
tank car as a result of a terrorist act. 
(3) CONSULTATION.—In conducting the dispersion modeling 
under paragraph (1), the Secretary shall consult with the Sec-
retary of Transportation, hazardous materials experts, railroad 
carriers, nonprofit employee labor organizations representing 
railroad employees, appropriate State, local, and tribal officials, 
and other Federal agencies, as appropriate. 
(4) INFORMATION SHARING.—Upon completion of the anal-
ysis required under paragraph (1), the Secretary shall share 
the information developed with the appropriate stakeholders, 
given appropriate information protection provisions as may be 
required by the Secretary. 
(5) REPORT.—Not later than 30 days after completion of 
all dispersion analyses under paragraph (1), the Secretary shall 
submit to the appropriate congressional committees a report 
detailing the Secretary’s conclusions and findings in an appro-
priate format. 
SEC. 1520. RAILROAD THREAT ASSESSMENTS. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall complete a name-based security background 
check against the consolidated terrorist watchlist and an immigra-
tion status check for all railroad frontline employees, similar to 
the threat assessment screening program required for facility 
employees and longshoremen by the Commandant of the Coast 
Guard under Coast Guard Notice USCG–2006–24189 (71 Fed. Reg. 
25066 (April 8, 2006)). 
SEC. 1521. RAILROAD EMPLOYEE PROTECTIONS. 
Section 20109 of title 49, United States Code, is amended 
to read: 
‘‘SEC. 20109. EMPLOYEE PROTECTIONS. 
‘‘(a) IN GENERAL.—A railroad carrier engaged in interstate or 
foreign commerce, a contractor or a subcontractor of such a railroad 
carrier, or an officer or employee of such a railroad carrier, may 
not discharge, demote, suspend, reprimand, or in any other way 
discriminate against an employee if such discrimination is due, 
in whole or in part, to the employee’s lawful, good faith act done, 
or perceived by the employer to have been done or about to be 
done— 
‘‘(1) to provide information, directly cause information to 
be provided, or otherwise directly assist in any investigation 
regarding any conduct which the employee reasonably believes 
constitutes a violation of any Federal law, rule, or regulation 
relating to railroad safety or security, or gross fraud, waste, 
or abuse of Federal grants or other public funds intended 
to be used for railroad safety or security, if the information 
or assistance is provided to or an investigation stemming from 
the provided information is conducted by— 
‘‘(A) a Federal, State, or local regulatory or law enforce-
ment agency (including an office of the Inspector General 
under the Inspector General Act of 1978 (5 U.S.C. App.; 
Public Law 95–452);