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(2) an assessment of the current program to pro-
vide preclearance of airline passengers between the
United States and Canada as outlined in ‘‘The Agree-
ment on Air Transport Preclearance between the Gov-
ernment of Canada and the Government of the United
States of America’’, dated January 18, 2001;
(3) an assessment of the current program to pro-
vide preclearance of freight railroad traffic between
the United States and Canada as outlined in the
‘‘Declaration of Principle for the Improved Security
of Rail Shipments by Canadian National Railway
and Canadian Pacific Railway from Canada to the
United States’’, dated April 2, 2003;
(4) information on progress by the Department
of Homeland Security and other Federal agencies to-
wards finalizing a bilateral protocol with Canada
that would provide for preclearance of passengers on
trains operating between the United States and Can-
ada;
(5) a description of legislative, regulatory, budg-
etary, or policy barriers within the United States
Government to providing pre-screened passenger lists
for rail passengers traveling between the United
States and Canada to the Department of Homeland
Security;
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(6) a description of the position of the Govern-
ment of Canada and relevant Canadian agencies with
respect to preclearance of such passengers; and
(7) a draft of any changes in existing Federal
law necessary to provide for pre-screening of such
passengers and providing pre-screened passenger lists
to the Department of Homeland Security.
SEC. 516. REPORT REGARDING IMPACT ON SECURITY OF
TRAIN TRAVEL IN COMMUNITIES WITHOUT
GRADE SEPARATION.
(a) STUDY.—The Secretary of Homeland Security, in
consultation with State and local government officials, shall
conduct a study on the impact of blocked highway-railroad
grade crossings on the ability of emergency responders, in-
cluding ambulances and police, fire, and other emergency
vehicles, to perform public safety and security duties in the
event of a terrorist attack.
(b) REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Secu-
rity shall submit a report to the Committee on Commerce,
Science, and Transportation and Committee of Homeland
Security and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives that contains—
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(1) the findings of the study conducted under
subsection (a); and
(2) recommendations for reducing the impact of
blocked crossings on emergency response.
SEC. 517. WHISTLEBLOWER PROTECTION PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 201 of title
49, United States Code, is amended by inserting after sec-
tion 20115 the following:
‘‘§ 20118. Whistleblower protection for rail security
matters
‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—A rail
carrier engaged in interstate or foreign commerce may not
discharge a railroad employee or otherwise discriminate
against a railroad employee because the employee (or any
person acting pursuant to a request of the employee)—
‘‘(1) provided, caused to be provided, or is about
to provide or cause to be provided, to the employer or
the Federal Government information relating to a
reasonably perceived threat, in good faith, to security;
or
‘‘(2) provided, caused to be provided, or is about
to provide or cause to be provided, testimony before
Congress or at any Federal or State proceeding re-
garding a reasonably perceived threat, in good faith,
to security; or
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‘‘(3) refused to violate or assist in the violation
of any law, rule or regulation related to rail security.
‘‘(b) DISPUTE RESOLUTION.—A dispute, grievance, or
claim arising under this section is subject to resolution
under section 3 of the Railway Labor Act (45 U.S.C. 153).
In a proceeding by the National Railroad Adjustment
Board, a division or delegate of the Board, or another board
of adjustment established under such section 3 to resolve the
dispute, grievance, or claim the proceeding shall be expe-
dited and the dispute, grievance, or claim shall be resolved
not later than 180 days after the filing date. If the violation
is a form of discrimination that does not involve discharge,
suspension, or another action affecting pay, and no other
remedy is available under this subsection, the Board, divi-
sion, delegate, or other board of adjustment may award the
employee reasonable damages, including punitive damages,
of not more than $20,000.
‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro-
vided in subsection (b), the procedure set forth in section
42121(b)(2)(B), including the burdens of proof, applies to
any complaint brought under this section.
‘‘(d) ELECTION OF REMEDIES.—An employee of a
railroad carrier may not seek protection under both this
section and another provision of law for the same allegedly
unlawful act of the carrier.
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‘‘(e) DISCLOSURE OF IDENTITY.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), or with the written consent of the em-
ployee, the Secretary of Transportation may not dis-
close the name of an employee of a railroad carrier
who has provided information about an alleged viola-
tion of this section.
‘‘(2) ENFORCEMENT.—The Secretary shall dis-
close to the Attorney General the name of an employee
described in paragraph (1) if the matter is referred
to the Attorney General for enforcement.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 201 of title 49, United States Code, is amended
by inserting after the item relating to section 20115 the fol-
lowing:
‘‘Sec. 20118. Whistleblower protection for rail security matters.’’.
SEC. 518. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Secretary of Homeland
Security and the Secretary of Transportation, in consulta-
tion with appropriate law enforcement, security, and ter-
rorism experts, representatives of railroad carriers, and
nonprofit employee organizations that represent rail work-
ers, shall develop and issue detailed guidance for a rail
worker security training program to prepare front-line
workers for potential threat conditions. The guidance shall
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take into consideration any current security training re-
quirements or best practices.
(b) PROGRAM ELEMENTS.—The guidance developed
under subsection (a) shall include elements, as appropriate
to passenger and freight rail service, that address the fol-
lowing:
(1) Determination of the seriousness of any oc-
currence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect
oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker
behavior and passenger responses.
(7) Situational training exercises regarding var-
ious threat conditions.
(8) Any other subject the Secretary considers ap-
propriate.
(c) RAILROAD CARRIER PROGRAMS.—Not later than
90 days after the Secretary of Homeland Security issues
guidance under subsection (a) in final form, each railroad
carrier shall develop a rail worker security training pro-
gram in accordance with that guidance and submit it to
the Secretary for review. Not later than 30 days after receiv-