(17) other improvements recommended by the 
Secretary, including infrastructure, facilities, and 
equipment upgrades. 
(b) CONDITIONS.—The Secretary shall require recipi-
ents of funds for construction under this section and sec-
tion 302 of this Act to apply the standards of section 
24312 of title 49, United States Code, as in effect on Sep-
tember 1, 2004, with respect to the construction in the 
same manner as Amtrak is required to comply with such 
standards for construction work financed under an agree-
ment made under section 24308(a) of such title 49. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary 
$600,000,000 to carry out the purposes of this section, 
of which $100,000,000 shall be used by the Secretary for 
making grants to Amtrak, in accordance with this section. 
Amounts appropriated pursuant to this subsection shall 
remain available until expended. 
SEC. 302. FIRE AND LIFE-SAFETY IMPROVEMENTS. 
(a) LIFE-SAFETY NEEDS.—There are authorized to 
be appropriated to Amtrak for the purposes of carrying 
out this section the following amounts: 
(1) For the 6 New York Tunnels to provide 
ventilation, electrical, and fire safety technology up-
grades, emergency communication and lighting sys-
tems, and emergency access and egress for pas-
sengers— 
(A) $100,000,000 for fiscal year 2006; 
(B) $100,000,000 for fiscal year 2007; 
(C) $100,000,000 for fiscal year 2008; 
(D) $100,000,000 for fiscal year 2009; 
and 
(E) $170,000,000 for fiscal year 2010. 
(2) For the Baltimore & Potomac Tunnel and 
the Union Tunnel, together, to provide adequate 
drainage, ventilation, communication, lighting, and 
passenger egress upgrades— 
(A) $10,000,000 for fiscal year 2006; 
(B) $10,000,000 for fiscal year 2007; 
(C) $10,000,000 for fiscal year 2008; 
(D) $10,000,000 for fiscal year 2009; and 
(E) $17,000,000 for fiscal year 2010. 
(3) For the Washington, District of Columbia, 
Union Station Tunnels to improve ventilation, com-
munication, lighting, and passenger egress up-
grades— 
(A) $8,000,000 for fiscal year 2006; 
(B) $8,000,000 for fiscal year 2007; 
(C) $8,000,000 for fiscal year 2008; 
(D) $8,000,000 for fiscal year 2009; and
(E) $8,000,000 for fiscal year 2010. 
(b) AVAILABILITY
OF
APPROPRIATED
FUNDS.— 
Amounts appropriated pursuant to this section shall re-
main available until expended. 
SEC. 303. RAIL SECURITY RESEARCH AND DEVELOPMENT 
PROGRAM. 
(a) ESTABLISHMENT OF RESEARCH AND DEVELOP-
MENT PROGRAM.—The Secretary shall carry out a re-
search and development program for the purpose of im-
proving railroad security that may include research and 
development projects to— 
(1) reduce the vulnerability of passenger trains, 
stations, and equipment to explosives and hazardous 
chemical, biological, and radioactive substances; 
(2) test new emergency response techniques and 
technologies; 
(3) develop improved freight technologies, in-
cluding— 
(A) technologies for sealing rail cars; 
(B) automatic inspection of rail cars; and 
(C) communication-based train controls; 
(4) test wayside detectors that can detect 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 and transmit information about the in-
tegrity of tank cars to the train crew; 
(B) research to improve tank car integrity; 
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 recommended by the Sec-
retary. 
(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, the Department 
of Transportation, and other Federal agencies. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary 
$50,000,000 in each of fiscal years 2006 and 2007 to 
carry out the purposes of this section. Amounts appro-
priated pursuant to this subsection shall remain available 
until expended.
SEC. 304. RAIL WORKER SECURITY TRAINING PROGRAM. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary, in 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 rail workers 
for potential threat conditions. 
(b) PROGRAM ELEMENTS.—The guidance developed 
under subsection (a) shall require such a program to in-
clude, at a minimum, elements that address the following: 
(1) Determination of the seriousness of any oc-
currence. 
(2) Crew and passenger communication and co-
ordination. 
(3) Appropriate responses to defend oneself. 
(4) Use of protective devices. 
(5) Evacuation procedures. 
(6) Live situational training exercises regarding 
various threat conditions, including tunnel evacu-
ation procedures. 
(7) Any other subject the Secretary considers 
appropriate. 
(c) RAILROAD CARRIER PROGRAMS.—Not later than 
60 days after the Secretary issues guidance under sub-
section (a) in final form, each railroad carrier shall develop 
a rail worker security training program in accordance with 
that guidance and submit it to the Secretary for approval. 
Not later than 60 days after receiving a railroad carrier’s 
program under this subsection, the Secretary shall review 
the program and approve it or require the railroad carrier 
to make any revisions the Secretary considers necessary 
for the program to meet the guidance requirements. 
(d) TRAINING.—Not later than 1 year after the Sec-
retary approves the training program developed by a rail-
road carrier under this section, the railroad carrier shall 
complete the training of all rail workers in accordance with 
that program. 
(e) UPDATES.—The Secretary shall update the train-
ing guidance issued under subsection (a) from time to 
time to reflect new or different security threats, and re-
quire railroad carriers to revise their programs accordingly 
and provide additional training to their rail workers. 
SEC. 305. WHISTLEBLOWER PROTECTION. 
(a) IN GENERAL.—Subchapter I of chapter 201 of 
title 49, is amended by inserting after section 20115 the 
following:
‘‘§ 20116. Whistleblower protection for railroad secu-
rity matters 
‘‘(a) DISCRIMINATION
AGAINST
EMPLOYEE.—No 
railroad carrier engaged in interstate or foreign commerce 
may discharge a railroad employee or otherwise discrimi-
nate 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 em-
ployer or the Federal Government information relat-
ing to a perceived threat to security; 
‘‘(2) provided, caused to be provided, or is 
about to provide or cause to be provided, testimony 
before Congress or at any Federal or State pro-
ceeding regarding a perceived threat to security; 
‘‘(3) has assisted or participated, or is about to 
assist or participate, in any manner in a proceeding 
or any other action to enhance railroad security; or 
‘‘(4) refused to violate or assist in the violation 
of any law, rule, or regulation related to railroad se-
curity. 
‘‘(b) ENFORCEMENT ACTION.— 
‘‘(1) IN GENERAL.—A person who alleges dis-
charge or other discrimination by any person in vio-
lation of subsection (a) may seek relief under sub-
section (c) by—
‘‘(A) filing a complaint with the Secretary 
of Labor; or 
‘‘(B) if the Secretary of Labor has not 
issued a final decision within 180 days of the 
filing of the complaint and there is no showing 
that such delay is due to the bad faith of the 
claimant, bringing an action at law or equity 
for de novo review in the appropriate district 
court of the United States, which shall have ju-
risdiction over such an action without regard to 
the amount in controversy. 
‘‘(2) PROCEDURE.— 
‘‘(A) IN GENERAL.—An action under para-
graph (1)(A) shall be governed under the rules 
and procedures set forth in section 42121(b) of 
this title. 
‘‘(B) 
EXCEPTION.—Notification 
made 
under section 42121(b)(1) of this title, shall be 
made to the person named in the complaint and 
to the employer. 
‘‘(C) BURDENS
OF
PROOF.—An action 
brought under paragraph (1)(B) shall be gov-
erned by the legal burdens of proof set forth in 
section 42121(b) this title.
‘‘(D) STATUTE OF LIMITATIONS.—An ac-
tion under paragraph (1)(A) shall be com-
menced not later than 90 days after the date on 
which the violation occurs. 
‘‘(c) REMEDIES.— 
‘‘(1) IN GENERAL.—An employee prevailing in 
any action under subsection (b)(1) shall be entitled 
to all relief necessary to make the employee whole. 
‘‘(2) COMPENSATORY DAMAGES.—Relief for any 
action under paragraph (1) shall include— 
‘‘(A) reinstatement with the same seniority 
status that the employee would have had, but 
for the discrimination; 
‘‘(B) the amount of back pay, with inter-
est; and 
‘‘(C) compensation for any special damages 
sustained as a result of the discrimination, in-
cluding litigation costs, expert witness fees, and 
reasonable attorney fees. 
‘‘(d) RIGHTS RETAINED BY EMPLOYEE.—Except as 
provided in subsection (e), nothing in this section shall be 
deemed to diminish the rights, privileges, or remedies of 
any employee under any Federal or State law, or under 
any collective bargaining agreement.
‘‘(e) ELECTION OF REMEDIES.—An employee of a 
railroad carrier may not seek protection under both this 
section and another provision of law for the same allegedly 
unlawful act of the railroad carrier. 
‘‘(f) DISCLOSURE OF IDENTITY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), without the written consent of the em-
ployee, the Secretary of Labor may not disclose the 
name of an employee of a railroad carrier who has 
provided information about an alleged violation of 
this section. 
‘‘(2) EXCEPTION.—The Secretary of Labor 
shall disclose to the Attorney General the name of 
an employee described in paragraph (1) of this sub-
section if the matter is referred to the Attorney Gen-
eral for enforcement.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 201 of title 49, is amended by inserting 
after the item relating to section 20115 the following: 
‘‘20116. Whistleblower protection for railroad security matters.’’. 
SEC. 306. PUBLIC OUTREACH. 
Not later than 90 days after the date of enactment 
of this Act, the Secretary shall develop a national plan 
for public outreach and awareness. Such plan shall be de-
signed to increase awareness of measures that the general 
public, railroad passengers, and railroad employees can
take to increase railroad system security. Such plan shall 
also provide outreach to railroad carriers and their em-
ployees to improve their awareness of available tech-
nologies, ongoing research and development efforts, and 
available Federal funding sources to improve railroad se-
curity. Not later than 9 months after the date of enact-
ment of this Act, the Secretary shall implement the plan 
developed under this section. 
SEC. 307. PASSENGER, BAGGAGE, AND CARGO SCREENING. 
The Secretary shall— 
(1) analyze the cost and feasibility of requiring 
security screening for passengers, baggage, and 
cargo on passenger trains; and 
(2) report the results of the study, together 
with any recommendations that the Secretary may 
have for implementing a rail security screening pro-
gram to the Committee on Transportation and In-
frastructure and the Committee on Homeland Secu-
rity of the House of Representatives and to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate not later than 1 year after the 
date of enactment of this Act. 
SEC. 308. EMERGENCY RESPONDER TRAINING STANDARDS. 
Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall issue
training standards for persons responsible for responding 
to emergency situations occurring during transportation 
of hazardous materials by rail, in accordance with existing 
regulations, to ensure their ability to protect nearby per-
sons, property, or the environment from the effects of acci-
dents involving hazardous materials. 
SEC. 309. INFORMATION FOR FIRST RESPONDERS. 
(a) IN GENERAL.—The Secretary of Transportation 
shall provide grants to Operation Respond Institute for 
the purpose of— 
(1) deploying and expanding the Operation Re-
spond Emergency Information System software; 
(2) developing, implementing, and maintaining 
a railroad infrastructure mapping program that cor-
relates railroad right-of-way information with high-
way grid maps and overhead imagery of traffic 
routes, hazardous materials routes, and commuter 
rail lines; and 
(3) establishing an alert and messaging capa-
bility for use during emergencies involving freight 
and passenger railroads. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Transportation to carry out this section $2,500,000 for 
each of fiscal years 2005, 2006, and 2007. Amounts ap-