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(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 under this sec-
tion, the Secretary has approved a project manage-
ment plan prepared by Amtrak that appropriately
addresses—
(A) project budget;
(B) construction schedule;
(C) recipient staff organization;
(D) document control and record keeping;
(E) change order procedure;
(F) quality control and assurance;
(G) periodic plan updates;
(H) periodic status reports; and
(I) such other matters the Secretary deter-
mines to be appropriate.
(f) REVIEW OF PLANS.—
(1) COMPLETION.—The Secretary of Transpor-
tation shall complete the review of the plans required
under paragraphs (1) and (2) of subsection (e) and
approve or disapprove the plans not later than 45
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days after the date on which each such plan is sub-
mitted by Amtrak.
(2) INCOMPLETE PLANS.—If the Secretary deter-
mines that a plan is incomplete or deficient—
(A) the Secretary shall notify Amtrak of the
incomplete items or deficiencies; and
(B) not later than 30 days after receiving
the Secretary’s notification under subparagraph
(A), Amtrak shall submit a modified plan for the
Secretary’s review.
(3) REVIEW
OF
MODIFIED
PLANS.—Not later
than 15 days after receiving additional information
on items previously included in the plan, and not
later than 45 days after receiving items newly in-
cluded in a modified plan, the Secretary shall—
(A) approve the modified plan; or
(B) if the Secretary finds the plan is still
incomplete or deficient—
(i) submit a report to the Committee
on Commerce, Science, and Transportation
and the Committee on Homeland Security
and Governmental Affairs of the Senate and
the Committee on Transportation and In-
frastructure of the House of Representatives
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that identifies the portions of the plan the
Secretary finds incomplete or deficient;
(ii) approve all other portions of the
plan;
(iii) obligate the funds associated with
those other portions; and
(iv) execute an agreement with Amtrak
not later than 15 days thereafter on a proc-
ess for resolving the remaining portions of
the plan.
(g) FINANCIAL CONTRIBUTION FROM OTHER TUNNEL
USERS.—The Secretary of Transportation shall, taking
into account the need for the timely completion of all por-
tions of the tunnel projects described in subsection (a)—
(1) consider the extent to which rail carriers
other than Amtrak 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 of the tunnels, if feasible.
SEC. 508. MEMORANDUM OF AGREEMENT.
(a) MEMORANDUM OF AGREEMENT.—Not later than
60 days after the date of enactment of this Act, the Sec-
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retary of Transportation and the Secretary of Homeland
Security shall execute a memorandum of agreement gov-
erning the roles and responsibilities of the Department of
Transportation and the Department of Homeland Security,
respectively, in addressing railroad transportation security
matters, including the processes the departments will follow
to promote communications, efficiency, and nonduplication
of effort.
(b) RAIL SAFETY REGULATIONS.—Section 20103(a) of
title 49, United States Code, is amended by striking ‘‘rail-
road safety’’ and inserting ‘‘railroad safety, including secu-
rity,’’.
SEC. 509. 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 Rail Security Act of
2006, Amtrak shall submit to the Chairman of the National
Transportation Safety Board and the Secretary of Trans-
portation a plan for addressing the needs of the families
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of passengers involved in any rail passenger accident in-
volving an Amtrak intercity 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 and the Secretary of Transportation, imme-
diately upon request, a list (which is based on the best
available information 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 peri-
odically update the list. The plan shall include a pro-
cedure, with respect to unreserved trains and pas-
sengers not holding reservations on other trains, for
Amtrak to use reasonable efforts to ascertain the num-
ber 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.
‘‘(3) A process for notifying the families of the
passengers, before providing any public notice of the
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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
needs of survivors and family members following an
accident.
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‘‘(c) USE OF INFORMATION.—The National Transpor-
tation Safety Board, the Secretary of Transportation, and
Amtrak may not release to any person information on a
list obtained under subsection (b)(1) but may provide infor-
mation 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 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) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of Transpor-
tation for the use of Amtrak $500,000 for fiscal year 2007
to carry out this section. Amounts appropriated pursuant
to this subsection shall remain available until expended.’’.
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(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 243 of title 49, United States Code, is amended
by adding at the end the following:
‘‘Sec. 24316. Plans to address needs of families of passengers involved in rail pas-
senger accidents.’’.
SEC. 510. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) IN GENERAL.—Subject to subsection (c), the Under
Secretary may award grants, through the Secretary of
Transportation, to Amtrak—
(1) to secure major tunnel access points and en-
sure tunnel integrity in New York, Baltimore, and
Washington, D.C.;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system
approved by the Under Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the
maximum extent possible;
(6) to hire additional police and security officers,
including canine units;
(7) to expand emergency preparedness efforts;
and
(8) for employee security training.
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(b) CONDITIONS.—The Secretary of Transportation
may not disburse funds to Amtrak for projects under sub-
section (a) unless—
(1) the projects are contained in a systemwide
security plan approved by the Under Secretary, in
consultation with the Secretary of Transportation;
(2) capital projects meet the requirements under
section 507(e)(2); and
(3) the plan includes appropriate measures to
address security awareness, emergency response, and
passenger evacuation training.
(c) 
EQUITABLE
GEOGRAPHIC
ALLOCATION.—The
Under Secretary shall ensure that, subject to meeting the
highest security needs on Amtrak’s entire system, stations
and facilities located outside of the Northeast Corridor re-
ceive an equitable share of the security funds authorized
under this section.
(d) AVAILABILITY OF FUNDS.—There are authorized to
be appropriated to the Under Secretary $63,500,000 for fis-
cal year 2007, $30,000,000 for fiscal year 2008, and
$30,000,000 for fiscal year 2009 for the purposes of car-
rying out this section. Amounts appropriated pursuant to
this subsection shall remain available until expended.
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SEC. 511. FREIGHT AND PASSENGER RAIL SECURITY UP-
GRADES.
(a) SECURITY IMPROVEMENT GRANTS.—The Under
Secretary may award grants to freight railroads, the Alaska
Railroad, hazardous materials shippers, owners of rail cars
used in the transportation of hazardous materials, univer-
sities, colleges and research centers, State and local govern-
ments (for passenger facilities and infrastructure not owned
by Amtrak), and, through the Secretary of Transportation,
to Amtrak, for full or partial reimbursement of costs in-
curred in the conduct of activities to prevent or respond
to acts of terrorism, sabotage, or other intercity passenger
rail and freight rail security threats, including—
(1) security and redundancy for critical commu-
nications, computer, and train control systems essen-
tial for secure rail operations;
(2) accommodation of cargo or passenger screen-
ing equipment at the international border between the
United States and Mexico or the international border
between the United States and Canada;
(3) the security of hazardous material transpor-
tation by rail;
(4) secure intercity passenger rail stations,
trains, and infrastructure;
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(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 under section 502(c), including infra-
structure, facilities, and equipment upgrades.
(b) ACCOUNTABILITY.—The Under Secretary shall
adopt necessary procedures, including audits, to ensure that
grants awarded under this section are expended in accord-
ance with the purposes of this title and the priorities and
other criteria developed by the Under Secretary.
(c) EQUITABLE ALLOCATION.—The Under Secretary
shall equitably distribute the funds authorized by this sec-
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tion, taking into account geographic location, and shall en-
courage non-Federal financial participation in awarding
grants. With respect to grants for passenger rail security,
the Under Secretary shall also take into account passenger
volume and whether a station is used by commuter rail pas-
sengers and intercity rail passengers.
(d) CONDITIONS.—The Secretary of Transportation
may not disburse funds to Amtrak under subsection (a) un-
less Amtrak meets the conditions set forth in section 510(b).
(e) ALLOCATION BETWEEN RAILROADS
AND OTH-
ERS.—Unless the Under Secretary determines, as a result
of the assessment required by section 502, that critical rail
transportation security needs require reimbursement in
greater amounts to any eligible entity, a grant may not
be awarded under this section—
(1) in excess of $65,000,000 to Amtrak; or
(2) in excess of $100,000,000 for the purposes de-
scribed in paragraphs (3) and (5) of subsection (a).
(f) HIGH HAZARD MATERIALS DEFINED.—In this sec-
tion, the term ‘‘high hazard materials’’ means poison inha-
lation hazard materials, class 2.3 gases, class 6.1 materials,
and anhydrous ammonia.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Under Secretary
$350,000,000 for fiscal year 2007 to carry out the purposes
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of this section. Amounts appropriated pursuant to this sub-
section shall remain available until expended.
SEC. 512. OVERSIGHT AND GRANT PROCEDURES.
(a) SECRETARIAL
OVERSIGHT.—The Secretary of
Transportation may use not more than 0.5 percent of
amounts made available to Amtrak for capital projects
under this title—
(1) to enter into contracts for the review of pro-
posed capital projects and related program manage-
ment plans; and
(2) to oversee construction of such projects.
(b) USE OF FUNDS.—The Secretary may use amounts
available under subsection (a) to make contracts for safety,
procurement, management, and financial compliance re-
views and audits of a recipient of amounts under subsection
(a).
(c) PROCEDURES FOR GRANT AWARD.—The Under
Secretary shall prescribe procedures and schedules for the
awarding of grants under this title, including application
and qualification procedures (including a requirement that
the applicant have a security plan), and a record of deci-
sion on applicant eligibility. The procedures shall include
the execution of a grant agreement between the grant recipi-
ent and the Under Secretary. The Under Secretary shall
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issue a final rule establishing the procedures not later than
90 days after the date of the enactment of this Act.
SEC. 513. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) ESTABLISHMENT OF RESEARCH AND DEVELOP-
MENT PROGRAM.—The Under Secretary, in conjunction
with the Secretary of Transportation, shall carry out a re-
search and development program for the purpose of improv-
ing freight and intercity passenger rail 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,
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; and
(5) support enhanced security for the transpor-
tation of hazardous materials by rail, including—
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(A) technologies to detect a breach in a tank
car and transmit information about the integ-
rity of tank cars to the train crew;
(B) research to improve tank car integrity,
with a focus on tank cars that carry high hazard
materials (as defined in section 511(g));
(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;
(6) other projects recommended in the report re-
quired under section 502.
(b) COORDINATION WITH OTHER RESEARCH INITIA-
TIVES.—The Under Secretary shall ensure that the research
and development program under this section is coordinated
with other research and development initiatives at the De-
partment of Homeland Security and the Department of
Transportation. The Under Secretary shall carry out any
research and development project authorized under this sec-
tion through a reimbursable agreement with the Secretary
of Transportation if the Secretary—
(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.
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(c) ACCOUNTABILITY.—The Under Secretary 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 priorities and other
criteria developed by the Under Secretary.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Under Secretary
$50,000,000 in each of fiscal years 2007 and 2008 to carry
out the purposes of this section. Amounts appropriated pur-
suant to this subsection shall remain available until ex-
pended.
SEC. 514. WELDED RAIL AND TANK CAR SAFETY IMPROVE-
MENTS.
(a) TRACK STANDARDS.—Not later than 90 days after
the date of the enactment of this Act, the Administrator of
the Federal Railroad Administration shall—
(1) require each track owner using continuous
welded rail track to include procedures to improve the
identification of cracks in rail joint bars in the proce-
dures filed with the Administration under section
213.119 of title 49, Code of Federal Regulations;
(2) instruct Administration track inspectors to
obtain copies of the most recent continuous welded
rail programs of each railroad within the inspectors’
areas of responsibility and require that inspectors use
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those programs when conducting track inspections;
and
(3) establish a program to—
(A) periodically review continuous welded
rail joint bar inspection data from railroads and
Administration track inspectors; and
(B) require railroads to increase the fre-
quency or improve the methods of inspection of
joint bars in continuous welded rail, if the Ad-
ministrator determines that such increase or im-
provement is necessary or appropriate.
(b) TANK CAR STANDARDS.—The Administrator of the
Federal Railroad Administration shall—
(1) not later than 1 year after the date of the en-
actment of this Act, validate the predictive model it
is developing to quantify the relevant dynamic forces
acting on railroad tank cars under accident condi-
tions; and
(2) not later than 18 months after the date of the
enactment of this Act, initiate a rulemaking to de-
velop and implement appropriate design standards
for pressurized tank cars.
(c) OLDER TANK CAR IMPACT RESISTANCE ANALYSIS
AND REPORT.—Not later than 2 years after the date of the
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enactment of this Act, the Administrator of the Federal
Railroad Administration shall—
(1) conduct a comprehensive analysis to deter-
mine the impact resistance of the steels in the shells
of pressure tank cars constructed before 1989; and
(2) submit a report to the Committee on Com-
merce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure
of the House of Representatives that contains rec-
ommendations for measures to eliminate or mitigate
the risk of catastrophic failure.
SEC. 515. NORTHERN BORDER RAIL PASSENGER REPORT.
Not later than 180 days after the date of the enactment
of this Act, the Under Secretary, in consultation with the
heads of other appropriate Federal departments and agen-
cies and the National Railroad Passenger Corporation,
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—
(1) a description of the current system for
screening passengers and baggage on passenger rail
service between the United States and Canada;