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National Counterterrorism Center, the Director of a na-
tional intelligence center, or the head of any department,
agency, or element of the intelligence community shall pro-
vide the document or information covered by such request
unless the President certifies that such document or infor-
mation is not being provided because the President is as-
serting a privilege pursuant to the Constitution of the
United States.
‘‘(d) INDEPENDENT TESTIMONY OF INTELLIGENCE OF-
FICIALS.—No officer, department, agency, or element with-
in the Executive branch shall have any authority to require
the head of any department, agency, or element of the intel-
ligence community, or any designate of such a head—
‘‘(1) to receive permission to testify before Con-
gress; or
‘‘(2) 
to 
submit 
testimony, 
legislative 
rec-
ommendations, or comments to any officer or agency
of the Executive branch for approval, comments, or
review prior to the submission of such recommenda-
tions, testimony, or comments to Congress if such tes-
timony, legislative recommendations, or comments in-
clude a statement indicating that the views expressed
therein are those of the head of the department, agen-
cy, or element of the intelligence community that is
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making the submission and do not necessarily rep-
resent the views of the Administration.’’.
(b) DISCLOSURES OF CERTAIN INFORMATION TO CON-
GRESS.—Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), as amended by subsection (a), is amend-
ed by adding at the end the following new section:
‘‘DISCLOSURES TO CONGRESS
‘‘SEC. 509. (a) AUTHORITY TO DISCLOSE CERTAIN IN-
FORMATION.—An employee of a covered agency or an em-
ployee of a contractor carrying out activities pursuant to
a contract with a covered agency may disclose covered infor-
mation to an authorized individual without first reporting
such information to the appropriate Inspector General.
‘‘(b) AUTHORIZED INDIVIDUAL.—(1) In this section,
the term ‘authorized individual’ means—
‘‘(A) a Member of the Senate or the House of
Representatives who is authorized to receive informa-
tion of the type disclosed; or
‘‘(B) an employee of the Senate or the House of
Representatives who—
‘‘(i) has an appropriate security clearance;
and
‘‘(ii) is authorized to receive information of
the type disclosed.
‘‘(2) An authorized individual described in paragraph
(1) to whom covered information is disclosed under the au-
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thority in subsection (a) shall be presumed to have a need
to know such covered information.
‘‘(c) COVERED AGENCY AND COVERED INFORMATION
DEFINED.—In this section:
‘‘(1) The term ‘covered agency’ means—
‘‘(A) any department, agency, or element of
the intelligence community;
‘‘(B) a national intelligence center; and
‘‘(C) any other Executive agency, or element
or unit thereof, determined by the President
under section 2302(a)(2)(C)(ii) of title 5, United
States Code, to have as its principal function the
conduct of foreign intelligence or counterintel-
ligence activities.
‘‘(2) The term ‘covered information’—
‘‘(A) means information, including classi-
fied information, that an employee referred to in
subsection (a) reasonably believes provides direct
and specific evidence of a false or inaccurate
statement—
‘‘(i) made to Congress; or
‘‘(ii) contained in any intelligence as-
sessment, report, or estimate; and
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‘‘(B) does not include information the dis-
closure of which is prohibited by rule 6(e) of the
Federal Rules of Criminal Procedure.
‘‘(d) CONSTRUCTION WITH OTHER REPORTING RE-
QUIREMENTS.—Nothing in this section may be construed to
modify, alter, or otherwise affect—
‘‘(1) any reporting requirement relating to intel-
ligence activities that arises under this Act or any
other provision of law; or
‘‘(2) the right of any employee of the United
States to disclose information to Congress, in accord-
ance with applicable law, information other than cov-
ered information.’’.
(c) CLERICAL AMENDMENT.—The table of contents in
the first section of that Act is amended by inserting after
the item relating to section 507 the following new items:
‘‘Sec. 508. Response of intelligence community to requests from Congress for intel-
ligence documents and information.
‘‘Sec. 509. Disclosures to Congress.’’.
SEC. 1203. PUBLIC INTEREST DECLASSIFICATION BOARD.
The Public Interest Declassification Act of 2000 (50
U.S.C. 435 note) is amended—
(1) in section 704(e)—
(A) by striking ‘‘If requested’’ and inserting
the following:
‘‘(1) IN GENERAL.—If requested’’; and
(B) by adding at the end the following:
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‘‘(2) AUTHORITY OF BOARD.—Upon receiving a
congressional request described in section 703(b)(5),
the Board may conduct the review and make the rec-
ommendations described in that section, regardless of
whether such a review is requested by the President.
‘‘(3) REPORTING.—Any recommendations sub-
mitted to the President by the Board under section
703(b)(5), shall be submitted to the chairman and
ranking member of the committee of Congress that
made the request relating to such recommendations.’’;
and
(2) in section 710(b), by striking ‘‘8 years after
the date of the enactment of this Act’’ and inserting
‘‘on December 31, 2012’’.
SEC. 1204. SENSE OF THE SENATE REGARDING A REPORT
ON THE 9/11 COMMISSION RECOMMENDA-
TIONS WITH RESPECT TO INTELLIGENCE RE-
FORM AND CONGRESSIONAL INTELLIGENCE
OVERSIGHT REFORM.
(a) FINDINGS.—Congress makes the following findings:
(1) The National Commission on Terrorist At-
tacks Upon the United States (referred to in this sec-
tion as the ‘‘9/11 Commission’’) conducted a lengthy
review of the facts and circumstances relating to the
terrorist attacks of September 11, 2001, including
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those relating to the intelligence community, law en-
forcement agencies, and the role of congressional over-
sight and resource allocation.
(2) In its final report, the 9/11 Commission
found that—
(A) congressional oversight of the intel-
ligence activities of the United States is dysfunc-
tional;
(B) under the rules of the Senate and the
House of Representatives in effect at the time the
report was completed, the committees of Congress
charged with oversight of the intelligence activi-
ties lacked the power, influence, and sustained
capability to meet the daunting challenges faced
by the intelligence community of the United
States;
(C) as long as such oversight is governed by
such rules of the Senate and the House of Rep-
resentatives, the people of the United States will
not get the security they want and need;
(D) a strong, stable, and capable congres-
sional committee structure is needed to give the
intelligence community of the United States ap-
propriate oversight, support, and leadership; and
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(E) the reforms recommended by the 9/11
Commission in its final report will not succeed
if congressional oversight of the intelligence com-
munity in the United States is not changed.
(3) The 9/11 Commission recommended struc-
tural changes to Congress to improve the oversight of
intelligence activities.
(4) Congress has enacted some of the rec-
ommendations made by the 9/11 Commission and is
considering implementing additional recommenda-
tions of the 9/11 Commission.
(5) The Senate adopted Senate Resolution 445 in
the 108th Congress to address some of the intelligence
oversight recommendations of the 9/11 Commission by
abolishing term limits for the members of the Select
Committee on Intelligence, clarifying jurisdiction for
intelligence-related nominations, and streamlining
procedures for the referral of intelligence-related legis-
lation, but other aspects of the 9/11 Commission rec-
ommendations regarding intelligence oversight have
not been implemented.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Committee on Homeland Security and Govern-
mental Affairs and the Select Committee on Intelligence of
the Senate each, or jointly, should—
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(1) undertake a review of the recommendations
made in the final report of the 9/11 Commission with
respect to intelligence reform and congressional intel-
ligence oversight reform;
(2) review and consider any other suggestions,
options, or recommendations for improving intel-
ligence oversight; and
(3) not later than December 21, 2007, submit to
the Senate a report that includes the recommenda-
tions of the Committee, if any, for carrying out such
reforms.
SEC. 1205. AVAILABILITY OF FUNDS FOR THE PUBLIC IN-
TEREST DECLASSIFICATION BOARD.
Section 21067 of the Continuing Appropriations Reso-
lution, 2007 (division B of Public Law 109–289; 120 Stat.
1311), as amended by Public Law 109–369 (120 Stat.
2642), Public Law 109–383 (120 Stat. 2678), and Public
Law 110–5, is amended by adding at the end the following
new subsection:
‘‘(c) From the amount provided by this section, the Na-
tional Archives and Records Administration may obligate
monies necessary to carry out the activities of the Public
Interest Declassification Board.’’.
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SEC. 1206. AVAILABILITY OF THE EXECUTIVE SUMMARY OF
THE REPORT ON CENTRAL INTELLIGENCE
AGENCY ACCOUNTABILITY REGARDING THE
TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
(a) PUBLIC AVAILABILITY.—Not later than 30 days
after the date of the enactment of this Act, the Director of
the Central Intelligence Agency shall prepare and make
available to the public a version of the Executive Summary
of the report entitled the ‘‘Office of Inspector General Report
on Central Intelligence Agency Accountability Regarding
Findings and Conclusions of the Joint Inquiry into Intel-
ligence Community Activities Before and After the Terrorist
Attacks of September 11, 2001’’ issued in June 2005 that
is declassified to the maximum extent possible, consistent
with national security.
(b) REPORT TO CONGRESS.—The Director of the Cen-
tral Intelligence Agency shall submit to Congress a classi-
fied annex to the redacted Executive Summary made avail-
able under subsection (a) that explains the reason that any
redacted material in the Executive Summary was withheld
from the public.
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TITLE XIII—INTERNATIONAL CO-
OPERATION 
ON 
ANTITER-
RORISM TECHNOLOGIES
SEC. 1301. PROMOTING ANTITERRORISM CAPABILITIES
THROUGH INTERNATIONAL COOPERATION.
(a) FINDINGS.—The Congress finds the following:
(1) The development and implementation of tech-
nology is critical to combating terrorism and other
high consequence events and implementing a com-
prehensive homeland security strategy.
(2) The United States and its allies in the global
war on terrorism share a common interest in facili-
tating research, development, testing, and evaluation
of equipment, capabilities, technologies, and services
that will aid in detecting, preventing, responding to,
recovering from, and mitigating against acts of ter-
rorism.
(3) Certain United States allies in the global
war on terrorism, including Israel, the United King-
dom, Canada, Australia, and Singapore have exten-
sive experience with, and technological expertise in,
homeland security.
(4) The United States and certain of its allies in
the global war on terrorism have a history of success-
ful collaboration in developing mutually beneficial
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equipment, capabilities, technologies, and services in
the areas of defense, agriculture, and telecommuni-
cations.
(5) The United States and its allies in the global
war on terrorism will mutually benefit from the shar-
ing of technological expertise to combat domestic and
international terrorism.
(6) The establishment of an office to facilitate
and support cooperative endeavors between and
among government agencies, for-profit business enti-
ties, academic institutions, and nonprofit entities of
the United States and its allies will safeguard lives
and property worldwide against acts of terrorism and
other high consequence events.
(b) PROMOTING ANTITERRORISM THROUGH INTER-
NATIONAL COOPERATION ACT.—
(1) IN GENERAL.—The Homeland Security Act
of 2002 is amended by inserting after section 316, as
added by section 701 of this Act, the following:
‘‘SEC. 317. PROMOTING ANTITERRORISM THROUGH INTER-
NATIONAL COOPERATION PROGRAM.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DIRECTOR.—The term ‘Director’ means the
Director selected under subsection (b)(2).
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‘‘(2) INTERNATIONAL COOPERATIVE ACTIVITY.—
The 
term 
‘international 
cooperative 
activity’
includes—
‘‘(A) coordinated research projects, joint re-
search projects, or joint ventures;
‘‘(B) joint studies or technical demonstra-
tions;
‘‘(C) coordinated field exercises, scientific
seminars, conferences, symposia, and workshops;
‘‘(D) training of scientists and engineers;
‘‘(E) visits and exchanges of scientists, engi-
neers, or other appropriate personnel;
‘‘(F) exchanges or sharing of scientific and
technological information; and
‘‘(G) joint use of laboratory facilities and
equipment.
‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECU-
RITY INTERNATIONAL COOPERATIVE PROGRAMS OFFICE.—
‘‘(1) ESTABLISHMENT.—The Under Secretary
shall establish the Science and Technology Homeland
Security International Cooperative Programs Office.
‘‘(2) DIRECTOR.—The Office shall be headed by
a Director, who—
‘‘(A) shall be selected (in consultation with
the Assistant Secretary for International Affairs,
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Policy Directorate) by and shall report to the
Under Secretary; and
‘‘(B) may be an officer of the Department
serving in another position.
‘‘(3) RESPONSIBILITIES.—
‘‘(A) DEVELOPMENT OF MECHANISMS.—The
Director shall be responsible for developing, in
coordination with the Department of State, the
Department of Defense, the Department of En-
ergy, and other Federal agencies, mechanisms
and legal frameworks to allow and to support
international cooperative activity in support of
homeland security research.
‘‘(B) PRIORITIES.—The Director shall be re-
sponsible for developing, in coordination with the
Directorate of Science and Technology, the other
components of the Department (including the Of-
fice of the Assistant Secretary for International
Affairs, Policy Directorate), the Department of
State, the Department of Defense, the Depart-
ment of Energy, and other Federal agencies,
strategic priorities for international cooperative
activity.
‘‘(C) ACTIVITIES.—The Director shall facili-
tate the planning, development, and implementa-
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tion of international cooperative activity to ad-
dress the strategic priorities developed under sub-
paragraph (B) through mechanisms the Under
Secretary 
considers 
appropriate, 
including
grants, cooperative agreements, or contracts to or
with foreign public or private entities, govern-
mental organizations, businesses, federally fund-
ed research and development centers, and univer-
sities.
‘‘(D) IDENTIFICATION OF PARTNERS.—The
Director shall facilitate the matching of United
States entities engaged in homeland security re-
search with non-United States entities engaged
in homeland security research so that they may
partner in homeland security research activities.
‘‘(4) COORDINATION.—The Director shall ensure
that the activities under this subsection are coordi-
nated with the Office of International Affairs and the
Department of State, the Department of Defense, the
Department of Energy, and other relevant Federal
agencies or interagency bodies. The Director may
enter into joint activities with other Federal agencies.
‘‘(c) MATCHING FUNDING.—
‘‘(1) IN GENERAL.—
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‘‘(A) EQUITABILITY.—The Director shall en-
sure that funding and resources expended in
international cooperative activity will be equi-
tably matched by the foreign partner government
or other entity through direct funding, funding
of complementary activities, or through the pro-
vision of staff, facilities, material, or equipment.
‘‘(B) GRANT MATCHING AND REPAYMENT.—
‘‘(i) IN GENERAL.—The Secretary may
require a recipient of a grant under this
section—
‘‘(I) to make a matching contribu-
tion of not more than 50 percent of the
total cost of the proposed project for
which the grant is awarded; and
‘‘(II) to repay to the Secretary the
amount of the grant (or a portion
thereof), interest on such amount at an
appropriate rate, and such charges for
administration of the grant as the Sec-
retary determines appropriate.
‘‘(ii) MAXIMUM
AMOUNT.—The Sec-
retary may not require that repayment
under clause (i)(II) be more than 150 per-
cent of the amount of the grant, adjusted for
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inflation on the basis of the Consumer Price
Index.
‘‘(2) FOREIGN
PARTNERS.—Partners may in-
clude Israel, the United Kingdom, Canada, Australia,
Singapore, and other allies in the global war on ter-
rorism, as determined by the Secretary of State.
‘‘(d) FUNDING.—Funding for all activities under this
section shall be paid from discretionary funds appropriated
to the Department.
‘‘(e) FOREIGN REIMBURSEMENTS.—If the Science and
Technology Homeland Security International Cooperative
Programs Office participates in an international coopera-
tive activity with a foreign partner on a cost-sharing basis,
any reimbursements or contributions received from that for-
eign partner to meet the share of that foreign partner of
the project may be credited to appropriate appropriations
accounts of the Directorate of Science and Technology.’’.
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of contents in section 1(b) of the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended by adding after the item relating to sec-
tion 316, as added by section 701 of this Act, the fol-
lowing:
‘‘Sec. 317. Promoting antiterrorism through international cooperation program.’’.
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SEC. 1302. TRANSPARENCY OF FUNDS.
For each Federal award (as that term is defined in
section 2 of the Federal Funding Accountability and Trans-
parency Act of 2006 (31 U.S.C. 6101 note)) under this title
or an amendment made by this title, the Director of the
Office of Management and Budget shall ensure full and
timely compliance with the requirements of the Federal
Funding Accountability and Transparency Act of 2006 (31
U.S.C. 6101 note).
TITLE 
XIV—TRANSPORTATION
AND 
INTEROPERABLE 
COM-
MUNICATION CAPABILITIES
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Transportation Secu-
rity and Interoperable Communication Capabilities Act’’.
Subtitle A—Surface Transportation
and Rail Security
SEC. 1411. DEFINITION.
In this title, the term ‘‘high hazard materials’’ means
quantities of poison inhalation hazard materials, Class 2.3
gases, Class 6.1 materials, anhydrous ammonia, and other
hazardous materials that the Secretary, in consultation
with the Secretary of Transportation, determines pose a se-
curity risk.
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PART I—IMPROVED RAIL SECURITY
SEC. 1421. RAIL TRANSPORTATION SECURITY RISK ASSESS-
MENT.
(a) IN GENERAL.—
(1) RISK ASSESSMENT.—The Secretary shall es-
tablish a task force, including the Transportation Se-
curity Administration and other agencies within the
Department, the Department of Transportation, and
other appropriate Federal agencies, to complete a risk
assessment of freight and passenger rail transpor-
tation (encompassing railroads, as that term is de-
fined in section 20102(1) of title 49, United States
Code). The assessment shall include—
(A) a methodology for conducting the risk
assessment, including timelines, that addresses
how the Department of Homeland Security will
work with the entities described in subsection (b)
and make use of existing Federal expertise with-
in the Department of Homeland Security, the
Department of Transportation, and other appro-
priate agencies;
(B) identification and evaluation of critical
assets and infrastructures;
(C) identification of risks to those assets
and infrastructures;
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(D) identification of risks that are specific
to the transportation of hazardous materials via
railroad;
(E) identification of risks to passenger and
cargo security, transportation infrastructure (in-
cluding rail tunnels used by passenger and
freight railroads in high threat urban areas),
protection systems, operations, communications
systems, employee training, emergency response
planning, and any other area identified by the
assessment;
(F) an assessment of public and private
operational recovery plans to expedite, to the
maximum extent practicable, the return of an
adversely affected freight or passenger rail trans-
portation system or facility to its normal per-
formance level after a major terrorist attack or
other security event on that system or facility;
and
(G) an account of actions taken or planned
by both public and private entities to address
identified rail security issues and assess the effec-
tive integration of such actions.
(2) RECOMMENDATIONS.—Based on the assess-
ment conducted under paragraph (1), the Secretary,
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in consultation with the Secretary of Transportation,
shall develop prioritized recommendations for improv-
ing rail security, including any recommendations the
Secretary has for—
(A) improving the security of rail tunnels,
rail bridges, rail switching and car storage
areas, other rail infrastructure and facilities, in-
formation systems, and other areas identified by
the Secretary as posing significant rail-related
risks to public safety and the movement of inter-
state commerce, taking into account the impact
that any proposed security measure might have
on the provision of rail service or on operations
served or otherwise affected by rail service;
(B) deploying equipment and personnel to
detect security threats, including those posed by
explosives and hazardous chemical, biological,
and radioactive substances, and any appropriate
countermeasures;
(C) training appropriate railroad or rail-
road shipper employees in terrorism prevention,
preparedness, passenger evacuation, and response
activities;
(D) conducting public outreach campaigns
on passenger railroads regarding security;
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(E) deploying surveillance equipment;
(F) identifying the immediate and long-
term costs of measures that may be required to
address those risks; and
(G) public and private sector sources to
fund such measures.
(3) PLANS.—The report required by subsection
(c) shall include—
(A) a plan, developed in consultation with
the freight and intercity passenger railroads, and
State and local governments, for the Federal
Government to provide adequate security support
at high or severe threat levels of alert;
(B) a plan for coordinating existing and
planned rail security initiatives undertaken by
the public and private sectors; and
(C) a contingency plan, developed in coordi-
nation with freight and intercity and commuter
passenger railroads, to ensure the continued
movement of freight and passengers in the event
of an attack affecting the railroad system, which
shall contemplate—
(i) the possibility of rerouting traffic
due to the loss of critical infrastructure,
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such as a bridge, tunnel, yard, or station;
and
(ii) methods of continuing railroad
service in the Northeast Corridor in the
event of a commercial power loss, or catas-
trophe affecting a critical bridge, tunnel,
yard, or station.
(b) CONSULTATION; USE OF EXISTING RESOURCES.—
In carrying out the assessment and developing the rec-
ommendations and plans required by subsection (a), the
Secretary shall consult with rail management, rail labor,
owners or lessors of rail cars used to transport hazardous
materials, first responders, offerers of hazardous materials,
public safety officials, and other relevant parties. In devel-
oping the risk assessment required under this section, the
Secretary shall utilize relevant existing risk assessments de-
veloped by the Department or other Federal agencies, and,
as appropriate, assessments developed by other public and
private stakeholders.
(c) REPORT.—
(1) CONTENTS.—Within 1 year after the date of
enactment of this Act, the Secretary shall transmit to
the Committee on Commerce, Science, and Transpor-
tation of the Senate, and the Committee on Transpor-
tation and Infrastructure and the Committee on
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Homeland Security of the House of Representatives a
report containing—
(A) the assessment, prioritized recommenda-
tions, and plans required by subsection (a); and
(B) an estimate of the cost to implement
such recommendations.
(2) FORMAT.—The Secretary may submit the re-
port in both classified and redacted formats if the
Secretary determines that such action is appropriate
or necessary.
(d) ANNUAL UPDATES.—The Secretary, in consulta-
tion with the Secretary of Transportation, shall update the
assessment and recommendations each year and transmit
a report, which may be submitted in both classified and
redacted formats, to the Committees named in subsection
(c)(1), containing the updated assessment and recommenda-
tions.
(e) FUNDING.—Out of funds appropriated pursuant to
section 114(w) of title 49, United States Code, as amended
by section 1437 of this title, there shall be made available
to the Secretary to carry out this section $5,000,000 for fis-
cal year 2008.
SEC. 1422. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) IN GENERAL.—
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(1) GRANTS.—Subject to subsection (c) the Sec-
retary, in consultation with the Assistant Secretary of
Homeland Security (Transportation Security Admin-
istration), is authorized to make grants to Amtrak in
accordance with the provisions of this section.
(2) GENERAL
PURPOSES.—The Secretary may
make such grants for the purposes of—
(A) protecting underwater and underground
assets and systems;
(B) protecting high risk and high con-
sequence assets identified through system-wide
risk assessments;
(C) providing counter-terrorism training;
(D) providing both visible and unpredict-
able deterrence; and
(E) conducting emergency preparedness
drills and exercises.
(3) SPECIFIC
PROJECTS.—The Secretary shall
make such grants—
(A) to secure major tunnel access points
and ensure tunnel integrity in New York, New
Jersey, Maryland, and Washington, DC;
(B) to secure Amtrak trains;
(C) to secure Amtrak stations;
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(D) to obtain a watch list identification
system approved by the Secretary;
(E) to obtain train tracking and interoper-
able communications systems that are coordi-
nated to the maximum extent possible;
(F) to hire additional police officers, special
agents, security officers, including canine units,
and to pay for other labor costs directly associ-
ated with security and terrorism prevention ac-
tivities;
(G) to expand emergency preparedness ef-
forts; and
(H) for employee security training.
(b) CONDITIONS.—The Secretary of Transportation
shall disburse funds to Amtrak provided under subsection
(a) for projects contained in a systemwide security plan
approved by the Secretary. Amtrak shall develop the secu-
rity plan in consultation with constituent States and other
relevant parties. The plan shall include appropriate meas-
ures to address security awareness, emergency response, and
passenger evacuation training and shall be consistent with
State security plans to the maximum extent practicable.
(c) EQUITABLE GEOGRAPHIC ALLOCATION.—The Sec-
retary shall ensure that, subject to meeting the highest secu-
rity needs on Amtrak’s entire system and consistent with
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the risk assessment required under section 1421, stations
and facilities located outside of the Northeast Corridor re-
ceive an equitable share of the security funds authorized by
this section.
(d) AVAILABILITY OF FUNDS.—
(1) IN
GENERAL.—Out of funds appropriated
pursuant to section 114(w) of title 49, United States
Code, as amended by section 1437 of this title, there
shall be made available to the Secretary and the As-
sistant Secretary of Homeland Security (Transpor-
tation Security Administration) to carry out this
section—
(A) $63,500,000 for fiscal year 2008;
(B) $30,000,000 for fiscal year 2009; and
(C) $30,000,000 for fiscal year 2010.
(2) AVAILABILITY OF APPROPRIATED FUNDS.—
Amounts appropriated pursuant to paragraph (1)
shall remain available until expended.
SEC. 1423. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) LIFE-SAFETY NEEDS.—The Secretary of Trans-
portation, in consultation with the Secretary, is authorized
to make grants to Amtrak for the purpose of making fire
and life-safety improvements to Amtrak tunnels on the
Northeast Corridor in New York, New Jersey, Maryland,
and Washington, DC.
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(b) AUTHORIZATION
OF APPROPRIATIONS.—Out of
funds appropriated pursuant to section 1437(b) of this title,
there shall be made available to the Secretary of Transpor-
tation for the purposes of carrying out subsection (a) the
following amounts:
(1) For the 6 New York and New Jersey tunnels
to provide ventilation, electrical, and fire safety tech-
nology upgrades, emergency communication and
lighting systems, and emergency access and egress for
passengers—
(A) $100,000,000 for fiscal year 2008;
(B) $100,000,000 for fiscal year 2009;
(C) $100,000,000 for fiscal year 2010; and
(D) $100,000,000 for fiscal year 2011.
(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 2008;
(B) $10,000,000 for fiscal year 2009;
(C) $10,000,000 for fiscal year 2010; and
(D) $10,000,000 for fiscal year 2011.
(3) For the Washington, DC, Union Station tun-
nels to improve ventilation, communication, lighting,
and passenger egress upgrades—
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(A) $8,000,000 for fiscal year 2008;
(B) $8,000,000 for fiscal year 2009;
(C) $8,000,000 for fiscal year 2010; and
(D) $8,000,000 for fiscal year 2011.
(c) INFRASTRUCTURE UPGRADES.—Out of funds ap-
propriated pursuant to section 1437(b) of this title, there
shall be made available to the Secretary of Transportation
for fiscal year 2008 $3,000,000 for the preliminary design
of options for a new tunnel on a different alignment to aug-
ment the capacity of the existing Baltimore tunnels.
(d) AVAILABILITY
OF
APPROPRIATED
FUNDS.—
Amounts made available pursuant to this section shall re-
main available until expended.
(e) PLANS REQUIRED.—The Secretary of Transpor-
tation may not make amounts available to Amtrak for obli-
gation or expenditure under subsection (a)—
(1) until Amtrak has submitted to the Secretary,
and the Secretary has approved, an engineering and
financial plan for such projects; and
(2) unless, for each project funded pursuant to
this section, the Secretary has approved a project
management plan prepared by Amtrak addressing
appropriate project budget, construction schedule, re-
cipient staff organization, document control and
record keeping, change order procedure, quality con-
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trol and assurance, periodic plan updates, and peri-
odic status reports.
(f) REVIEW OF PLANS.—
(1) IN GENERAL.—The Secretary of Transpor-
tation shall complete the review of the plans required
by paragraphs (1) and (2) of subsection (e) and ap-
prove or disapprove the plans within 45 days after
the date on which each such plan is submitted by Am-
trak.
(2) INCOMPLETE
OR
DEFICIENT
PLAN.—If the
Secretary determines that a plan is incomplete or de-
ficient, the Secretary shall notify Amtrak of the in-
complete items or deficiencies and Amtrak shall, with-
in 30 days after receiving the Secretary’s notification,
submit a modified plan for the Secretary’s review.
(3) APPROVAL OF PLAN.—Within 15 days after
receiving additional information on items previously
included in the plan, and within 45 days after receiv-
ing items newly included in a modified plan, the Sec-
retary shall either approve the modified plan, or, if
the Secretary finds the plan is still incomplete or de-
ficient, the Secretary shall—
(A) identify in writing to the Committee on
Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation
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and Infrastructure and the Committee on Home-
land Security of the House of Representatives the
portions of the plan the Secretary finds incom-
plete or deficient;
(B) approve all other portions of the plan;
(C) obligate the funds associated with those
other portions; and
(D) execute an agreement with Amtrak
within 15 days thereafter on a process for resolv-
ing the remaining portions of the plan.
(g) FINANCIAL CONTRIBUTION FROM OTHER TUNNEL
USERS.—The Secretary shall, taking into account the need
for the timely completion of all portions of the tunnel
projects described in subsection (a)—
(1) consider the extent to which rail carriers
other than Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the
costs of the projects; and
(3) obtain financial contributions or commit-
ments from such other rail carriers at levels reflecting
the extent of their use or planned use of the tunnels,
if feasible.
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SEC. 1424. FREIGHT AND PASSENGER RAIL SECURITY UP-
GRADES.
(a) SECURITY
IMPROVEMENT
GRANTS.—The Sec-
retary, in consultation with Assistant Secretary of Home-
land Security (Transportation Security Administration)
and other appropriate agencies or officials, is authorized
to make grants to freight railroads, the Alaska Railroad,
hazardous materials offerers, owners of rail cars used in
the transportation of hazardous materials, universities, col-
leges and research centers, State and local governments (for
rail passenger facilities and infrastructure not owned by
Amtrak), and to Amtrak for full or partial reimbursement
of costs incurred in the conduct of activities to prevent or
respond to acts of terrorism, sabotage, or other intercity
passenger rail and freight rail security risks identified
under section 1421, including—
(1) security and redundancy for critical commu-
nications, computer, and train control systems essen-
tial for secure rail operations;
(2) accommodation of rail cargo or passenger
screening equipment at the United States-Mexico bor-
der, the United States-Canada border, or other ports
of entry;
(3) the security of hazardous material transpor-
tation by rail;
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(4) secure intercity passenger rail stations,
trains, and infrastructure;
(5) structural modification or replacement of
rail cars transporting high hazard materials to im-
prove their resistance to acts of terrorism;
(6) employee security awareness, preparedness,
passenger evacuation, and emergency response train-
ing;
(7) public security awareness campaigns for pas-
senger train operations;
(8) the sharing of intelligence and information
about security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the
maximum extent possible;
(10) to hire additional police and security offi-
cers, including canine units; and
(11) other improvements recommended by the re-
port required by section 1421, including infrastruc-
ture, facilities, and equipment upgrades.
(b) ACCOUNTABILITY.—The Secretary shall adopt nec-
essary 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 cri-
teria developed by the Secretary.
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(c) ALLOCATION.—The Secretary shall distribute the
funds authorized by this section based on risk as determined
under section 1421, and shall encourage non-Federal finan-
cial participation in projects funded by grants awarded
under this section. With respect to grants for intercity pas-
senger rail security, the Secretary shall also take into ac-
count passenger volume and whether stations or facilities
are used by commuter rail passengers as well as intercity
rail passengers. Not later than 240 days after the date of
enactment of this Act, the Secretary shall provide a report
to the Committees on Commerce, Science and Transpor-
tation and Homeland Security and Governmental Affairs
in the Senate and the Committee on Homeland Security
in the House on the feasibility and appropriateness of re-
quiring a non-federal match for the grants authorized in
subsection (a).
(d) CONDITIONS.—Grants awarded by the Secretary to
Amtrak under subsection (a) shall be disbursed to Amtrak
through the Secretary of Transportation. The Secretary of
Transportation may not disburse such funds unless Amtrak
meets the conditions set forth in section 1422(b) of this title.
(e) ALLOCATION BETWEEN RAILROADS
AND OTH-
ERS.—Unless as a result of the assessment required by sec-
tion 1421 the Secretary determines that critical rail trans-
portation security needs require reimbursement in greater
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amounts to any eligible entity, no grants under this section
may be made cumulatively over the period authorized by
this title—
(1) in excess of $45,000,000 to Amtrak; or
(2) in excess of $80,000,000 for the purposes de-
scribed in paragraphs (3) and (5) of subsection (a).
(f) 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 1437 of this title, there
shall be made available to the Secretary to carry out
this section—
(A) $100,000,000 for fiscal year 2008;
(B) $100,000,000 for fiscal year 2009; and
(C) $100,000,000 for fiscal year 2010.
(2) AVAILABILITY OF APPROPRIATED FUNDS.—
Amounts appropriated pursuant to paragraph (1)
shall remain available until expended.
SEC. 1425. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) ESTABLISHMENT OF RESEARCH AND DEVELOP-
MENT PROGRAM.—The Secretary, through the Under Sec-
retary for Science and Technology and the Assistant Sec-
retary of Homeland Security (Transportation Security Ad-
ministration), in consultation with the Secretary of Trans-
portation shall carry out a research and development pro-
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gram for the purpose of improving freight and intercity
passenger rail security that may include research and devel-
opment projects to—
(1) reduce the risk of terrorist attacks on rail
transportation, including risks posed by explosives
and hazardous chemical, biological, and radioactive
substances to intercity rail passengers, facilities, and
equipment;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight rail security tech-
nologies, including—
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls;
and
(D) emergency response training;
(4) test wayside detectors that can detect tam-
pering with railroad equipment;
(5) support enhanced security for the transpor-
tation of hazardous materials by rail, including—
(A) technologies to detect a breach in a tank
car or other rail car used to transport hazardous
materials and transmit information about the
integrity of cars to the train crew or dispatcher;
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(B) research to improve tank car integrity,
with a focus on tank cars that carry high hazard
materials (as defined in section 1411 of this
title); and
(C) techniques to transfer hazardous mate-
rials from rail cars that are damaged or other-
wise represent an unreasonable risk to human
life or public safety; and
(6) other projects that address risks identified
under section 1421.
(b) COORDINATION WITH OTHER RESEARCH INITIA-
TIVES.—The Secretary shall ensure that the research and
development program authorized by this section is coordi-
nated with other research and development initiatives at
the Department of Homeland Security and the Department
of Transportation. The Secretary shall carry out any re-
search and development project authorized by this section
through a reimbursable agreement with the Secretary of
Transportation, if the Secretary of Transportation—
(1) is already sponsoring a research and develop-
ment project in a similar area; or
(2) has a unique facility or capability that
would be useful in carrying out the project.
(c) GRANTS AND ACCOUNTABILITY.—To carry out the
research and development program, the Secretary may
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award grants to the entities described in section 1424(a)
and 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 prior-
ities and other criteria developed by the Secretary.
(d) 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 1437 of this title, there
shall be made available to the Secretary to carry out
this section—
(A) $33,000,000 for fiscal year 2008;
(B) $33,000,000 for fiscal year 2009; and
(C) $33,000,000 for fiscal year 2010.
(2) AVAILABILITY OF APPROPRIATED FUNDS.—
Amounts appropriated pursuant to paragraph (1)
shall remain available until expended.
SEC. 1426. OVERSIGHT AND GRANT PROCEDURES.
(a) SECRETARIAL OVERSIGHT.—The Secretary may
award contracts to audit and review the safety, security,
procurement, management, and financial compliance of a
recipient of amounts under this title.
(b) PROCEDURES FOR GRANT AWARD.—The Secretary
shall, within 180 days after the date of enactment of this
Act, prescribe procedures and schedules for the awarding
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of grants under this title, including application and quali-
fication procedures (including a requirement that the appli-
cant have a security plan), and a record of decision on ap-
plicant eligibility. The procedures shall include the execu-
tion of a grant agreement between the grant recipient and
the Secretary and shall be consistent, to the extent prac-
ticable, with the grant procedures established under section
70107 of title 46, United States Code.
(c) ADDITIONAL AUTHORITY.—The Secretary may
issue nonbinding letters under similar terms to those issued
pursuant to section 47110(e) of title 49, United States Code,
to sponsors of rail projects funded under this title.
SEC. 1427. AMTRAK PLAN TO ASSIST FAMILIES OF PAS-
SENGERS INVOLVED IN RAIL PASSENGER AC-
CIDENTS.
(a) IN GENERAL.—Chapter 243 of title 49, United
States Code, is amended by adding at the end the following:
‘‘§ 24316. Plans to address needs of families of pas-
sengers involved in rail passenger acci-
dents
‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months
after the date of the enactment of the Transportation Secu-
rity and Interoperable Communication Capabilities Act,
Amtrak shall submit to the Chairman of the National
Transportation Safety Board, the Secretary of Transpor-
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tation, and the Secretary of Homeland Security a plan for
addressing the needs of the families of passengers involved
in any rail passenger accident involving an Amtrak inter-
city train and resulting in a loss of life.
‘‘(b) CONTENTS OF PLANS.—The plan to be submitted
by Amtrak under subsection (a) shall include, at a min-
imum, the following:
‘‘(1) A process by which Amtrak will maintain
and provide to the National Transportation Safety
Board, the Secretary of Transportation, and the Sec-
retary of Homeland Security, immediately upon re-
quest, a list (which is based on the best available in-
formation at the time of the request) of the names of
the passengers aboard the train (whether or not such
names have been verified), and will periodically up-
date the list. The plan shall include a procedure, with
respect to unreserved trains and passengers not hold-
ing reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names
of passengers aboard a train involved in an accident.
‘‘(2) A plan for creating and publicizing a reli-
able, toll-free telephone number within 4 hours after
such an accident occurs, and for providing staff, to
handle calls from the families of the passengers.
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‘‘(3) A process for notifying the families of the
passengers, before providing any public notice of the
names of the passengers, by suitably trained individ-
uals.
‘‘(4) A process for providing the notice described
in paragraph (2) to the family of a passenger as soon
as Amtrak has verified that the passenger was aboard
the train (whether or not the names of all of the pas-
sengers have been verified).
‘‘(5) A process by which the family of each pas-
senger will be consulted about the disposition of all
remains and personal effects of the passenger within
Amtrak’s control; that any possession of the passenger
within Amtrak’s control will be returned to the family
unless the possession is needed for the accident inves-
tigation or any criminal investigation; and that any
unclaimed possession of a passenger within Amtrak’s
control will be retained by the rail passenger carrier
for at least 18 months.
‘‘(6) A process by which the treatment of the
families of nonrevenue passengers will be the same as
the treatment of the families of revenue passengers.
‘‘(7) An assurance that Amtrak will provide ade-
quate training to its employees and agents to meet the
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needs of survivors and family members following an
accident.
‘‘(c) USE
OF INFORMATION.—Neither the National
Transportation Safety Board, the Secretary of Transpor-
tation, the Secretary of Homeland Security, nor Amtrak
may release any personal information on a list obtained
under subsection (b)(1) but may provide information on the
list about a passenger to the family of the passenger to the
extent that the Board or Amtrak considers appropriate.
‘‘(d) LIMITATION ON LIABILITY.—Amtrak shall not be
liable for damages in any action brought in a Federal or
State court arising out of the performance of Amtrak under
this section in preparing or providing a passenger list, or
in providing information concerning a train reservation,
pursuant to a plan submitted by Amtrak under subsection
(b), unless such liability was caused by Amtrak’s conduct.
‘‘(e) LIMITATION
ON STATUTORY CONSTRUCTION.—
Nothing in this section may be construed as limiting the
actions that Amtrak may take, or the obligations that Am-
trak may have, in providing assistance to the families of
passengers involved in a rail passenger accident.
‘‘(f) FUNDING.—Out of funds appropriated pursuant
to section 1437(b) of the Transportation Security and Inter-
operable Communication Capabilities Act, there shall be
made available to the Secretary of Transportation for the
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use of Amtrak $500,000 for fiscal year 2008 to carry out
this section. Amounts made available pursuant to this sub-
section shall remain available until expended.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 243 of title 49, United States Code, is amended
by adding at the end the following:
‘‘24316. Plan to assist families of passengers involved in rail passenger acci-
dents’’.
SEC. 1428. NORTHERN BORDER RAIL PASSENGER REPORT.
Within 1 year after the date of enactment of this Act,
the Secretary, in consultation with the Assistant Secretary
of Homeland Security (Transportation Security Adminis-
tration), the Secretary of Transportation, heads of other ap-
propriate Federal departments, and agencies and the Na-
tional Railroad Passenger Corporation, shall transmit a re-
port to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of Rep-
resentatives Committee on Homeland Security that
contains—
(1) a description of the current system for
screening passengers and baggage on passenger rail
service between the United States and Canada;
(2) an assessment of the current program to pro-
vide preclearance of airline passengers between the
United States and Canada as outlined in ‘‘The Agree-
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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;
(6) a description of the position of the Govern-
ment of Canada and relevant Canadian agencies with
respect to preclearance of such passengers;
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(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; and
(8) an analysis of the feasibility of reinstating
in-transit inspections onboard international Amtrak
trains.
SEC. 1429. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary, in consultation with
the Secretary of Transportation, appropriate law enforce-
ment, security, and terrorism experts, representatives of
railroad carriers and shippers, and nonprofit employee or-
ganizations that represent rail workers, 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 take into consideration any
current security training requirements or best practices.
(b) PROGRAM ELEMENTS.—The guidance developed
under subsection (a) shall include elements appropriate to
passenger and freight rail service that address the following:
(1) Determination of the seriousness of any oc-
currence.
(2) Crew communication and coordination.
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(3) Appropriate responses to defend or protect
oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology, behavior, and methods of terror-
ists, including observation and analysis.
(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 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 review. Not
later than 90 days after receiving a railroad carrier’s pro-
gram under this subsection, the Secretary shall review the
program and transmit comments to the railroad carrier
concerning any revisions the Secretary considers necessary
for the program to meet the guidance requirements. A rail-
road carrier shall respond to the Secretary’s comments
within 90 days after receiving them.
(d) TRAINING.—Not later than 1 year after the Sec-
retary reviews the training program developed by a rail-
road carrier under this section, the railroad carrier shall
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complete the training of all front-line workers in accordance
with that program. The Secretary shall review implementa-
tion of the training program of a representative sample of
railroad carriers and report to the Senate Committee on
Commerce, Science, and Transportation, the House of Rep-
resentatives Committee on Transportation and Infrastruc-
ture, and the House of Representatives Committee on
Homeland Security on the number of reviews conducted and
the results. The Secretary may submit the report in both
classified and redacted formats as necessary.
(e) UPDATES.—The Secretary shall update the train-
ing guidance issued under subsection (a) as appropriate to
reflect new or different security threats. Railroad carriers
shall revise their programs accordingly and provide addi-
tional training to their front-line workers within a reason-
able time after the guidance is updated.
(f) FRONT-LINE WORKERS DEFINED.—In this section,
the term ‘‘front-line workers’’ means security personnel, dis-
patchers, locomotive engineers, conductors, trainmen, other
onboard employees, maintenance and maintenance support
personnel, bridge tenders, as well as other appropriate em-
ployees of railroad carriers, as defined by the Secretary.
(g) OTHER EMPLOYEES.—The Secretary shall issue
guidance and best practices for a rail shipper employee se-
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curity program containing the elements listed under sub-
section (b) as appropriate.
SEC. 1430. WHISTLEBLOWER PROTECTION PROGRAM.
(a) IN GENERAL.—Subchapter A of chapter 201 of title
49, United States Code, is amended by inserting after sec-
tion 20117 the following:
‘‘§ 20118. Whistleblower protection for rail Security
matters
‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—A rail-
road carrier engaged in interstate or foreign commerce may
not discharge or in any way discriminate against an em-
ployee because the employee, whether acting for the em-
ployee or as a representative, has—
‘‘(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;
‘‘(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
‘‘(3) refused to violate or assist in the violation
of any law, rule or regulation related to rail security.
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‘‘(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 section 3 to resolve the dis-
pute, grievance, or claim the proceeding shall be expedited
and the dispute, grievance, or claim shall be resolved not
later than 180 days after it is filed. If the violation is a
form of discrimination that does not involve discharge, sus-
pension, or another action affecting pay, and no other rem-
edy is available under this subsection, the Board, division,
delegate, or other board of adjustment may award the em-
ployee 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) of this subtitle, including the burdens of
proof, applies to any complaint brought under this section.
‘‘(d) ELECTION OF REMEDIES.—An employee of a
railroad carrier may not seek protection under both this
section and another provision of law for the same allegedly
unlawful act of the carrier.
‘‘(e) DISCLOSURE OF IDENTITY.—
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‘‘(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the em-
ployee, the Secretary of Transportation or Secretary
of Homeland Security may not disclose the name of
an employee of a railroad carrier who has provided
information about an alleged violation of this section.
‘‘(2) The Secretary shall disclose to the Attorney
General the name of an employee described in para-
graph (1) of this subsection if the matter is referred
to the Attorney General for enforcement.
‘‘(f) PROCESS FOR REPORTING PROBLEMS.—
‘‘(1) ESTABLISHMENT
OF
REPORTING
PROC-
ESS.—The Secretary shall establish, and provide in-
formation to the public regarding, a process by which
any person may submit a report to the Secretary re-
garding railroad security problems, deficiencies, or
vulnerabilities.
‘‘(2) CONFIDENTIALITY.—The Secretary shall
keep confidential the identity of a person who submits
a report under paragraph (1) and any such report
shall be treated as a record containing protected in-
formation to the extent that it does not consist of pub-
licly available information.
‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re-
port submitted under paragraph (1) identifies the
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person making the report, the Secretary shall respond
promptly to such person and acknowledge receipt of
the report.
‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Sec-
retary shall review and consider the information pro-
vided in any report submitted under paragraph (1)
and shall take appropriate steps under this title to
address any problems or deficiencies identified.
‘‘(5) RETALIATION
PROHIBITED.—No employer
may discharge any employee or otherwise discrimi-
nate against any employee with respect to the com-
pensation to, or terms, conditions, or privileges of the
employment of, such employee because the employee
(or a person acting pursuant to a request of the em-
ployee) made a report under paragraph (1).’’.
(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 20117 the fol-
lowing:
‘‘20118. Whistleblower protection for rail security matters’’.
SEC. 1431. HIGH HAZARD MATERIAL SECURITY RISK MITI-
GATION PLANS.
(a) IN GENERAL.—The Secretary, in consultation with
the Assistant Secretary of Homeland Security (Transpor-
tation Security Administration) and the Secretary of
Transportation, shall require rail carriers transporting a