[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2273 Referred in House (RFH)]
2d Session
S. 2273
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 4, 2004
Referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
AN ACT
To provide increased rail transportation security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rail Security Act
of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Rail transportation security risk assessment.
Sec. 3. Rail security.
Sec. 4. Study of foreign rail transport security programs.
Sec. 5. Passenger, baggage, and cargo screening.
Sec. 6. Certain personnel limitations not to apply.
Sec. 7. Fire and life-safety improvements.
Sec. 8. Memorandum of agreement.
Sec. 9. Amtrak plan to assist families of passengers involved in rail
passenger accidents.
Sec. 10. Systemwide Amtrak security upgrades.
Sec. 11. Freight and passenger rail security upgrades.
Sec. 12. Oversight and grant procedures.
Sec. 13. Rail security research and development.
Sec. 14. Welded rail and tank car safety improvements.
Sec. 15. Northern Border rail passenger report.
Sec. 16. Report regarding impact on security of train travel in
communities without grade separation.
Sec. 17. Whistleblower protection program.
SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability assessment.--The Under Secretary of
Homeland Security for Border and Transportation Security, in
consultation with the Secretary of Transportation, shall
complete a vulnerability assessment of freight and passenger
rail transportation (encompassing railroads, as that term is
defined in section 20102(1) of title 49, United States Code).
The assessment shall include--
(A) identification and evaluation of critical
assets and infrastructures;
(B) identification of threats to those assets and
infrastructures;
(C) identification of vulnerabilities that are
specific to the transportation of hazardous materials
via railroad; and
(D) identification of security weaknesses in
passenger and cargo security, transportation
infrastructure, protection systems, procedural
policies, communications systems, employee training,
emergency response planning, and any other area
identified by the assessment.
(2) Existing private and public sector efforts.--The
assessment shall take into account actions taken or planned by
both public and private entities to address identified security
issues and assess the effective integration of such actions.
(3) Recommendations.--Based on the assessment conducted
under paragraph (1), the Under Secretary, in consultation with
the Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Under Secretary has for--
(A) improving the security of rail tunnels, rail
bridges, rail switching and car storage areas, other
rail infrastructure and facilities, information
systems, and other areas identified by the Under
Secretary as posing significant rail-related risks to
public safety and the movement of interstate commerce,
taking into account the impact that any proposed
security measure might have on the provision of rail
service;
(B) deploying equipment to detect explosives and
hazardous chemical, biological, and radioactive
substances, and any appropriate countermeasures;
(C) training employees in terrorism prevention,
passenger evacuation, and response activities;
(D) conducting public outreach campaigns on
passenger railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs
of measures that may be required to address those
risks.
(4) 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 government to provide
increased security support at high or severe threat
levels of alert; and
(B) a plan for coordinating rail security
initiatives undertaken by the public and private
sectors.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment required by subsection (a), the Under Secretary of Homeland
Security for Border and Transportation Security shall consult with rail
management, rail labor, owners or lessors of rail cars used to
transport hazardous materials, first responders, shippers of hazardous
materials, public safety officials (including those within other
agencies and offices within the Department of Homeland Security), and
other relevant parties.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Under Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report containing the assessment and
prioritized recommendations required by subsection (a) and an
estimate of the cost to implement such recommendations.
(2) Format.--The Under Secretary may submit the report in
both classified and redacted formats if the Under Secretary
determines that such action is appropriate or necessary.
(d) 2-Year Updates.--The Under Secretary, in consultation with the
Secretary of Transportation, shall update the assessment and
recommendations every 2 years 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
recommendations.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary of Homeland Security for Border and
Transportation Security $5,000,000 for fiscal year 2005 for the purpose
of carrying out this section.
SEC. 3. RAIL SECURITY.
(a) Rail Police Officers.--Section 28101 of title 49, United States
Code, is amended by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Within 1 year after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Under Secretary of Homeland Security for Border and
Transportation Security, shall review existing rail regulations of the
Department of Transportation for the purpose of identifying areas in
which those regulations need to be revised to improve rail security.
SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.
(a) Requirement for Study.--Within one year after the date of
enactment of the Rail Security Act of 2004, the Comptroller General
shall complete a study of the rail passenger transportation security
programs that are carried out for rail transportation systems in Japan,
member nations of the European Union, and other foreign countries.
(b) Purpose.--The purpose of the study shall be to identify
effective rail transportation security measures that are in use in
foreign rail transportation systems, including innovative measures and
screening procedures determined effective.
(c) Report.--The Comptroller General shall submit a report on the
results of the study to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure. The report shall include the
Comptroller General's assessment regarding whether it is feasible to
implement within the United States any of the same or similar security
measures that are determined effective under the study.
SEC. 5. PASSENGER, BAGGAGE, AND CARGO SCREENING.
(a) Requirement for Study and Report.--The Under Secretary of
Homeland Security for Border and Transportation Security, in
cooperation with the Secretary of Transportation, 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 Under Secretary may have for
implementing a rail security screening program to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure within 1 year after the date of enactment of
this Act.
(b) Pilot Program.--As part of the study under subsection (a), the
Under Secretary shall complete a pilot program of random security
screening of passengers and baggage at 5 passenger rail stations served
by Amtrak selected by the Under Secretary. In conducting the pilot
program, the Under Secretary shall--
(1) test a wide range of explosives detection technologies,
devices and methods;
(2) require that intercity rail passengers produce
government-issued photographic identification which matches the
name on the passenger's tickets prior to boarding trains; and
(3) attempt to give preference to locations at the highest
risk of terrorist attack and achieve a distribution of
participating train stations in terms of geographic location,
size, passenger volume, and whether the station is used by
commuter rail passengers as well as Amtrak passengers.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary of Homeland Security for Border and
Transportation Security to carry out this section $5,000,000 for fiscal
year 2005.
SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.
Any statutory limitation on the number of employees in the
Transportation Security Administration of the Department of
Transportation, before or after its transfer to the Department of
Homeland Security, does not apply to the extent that any such employees
are responsible for implementing the provisions of this Act.
SEC. 7. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-safety Needs.--The Secretary of Transportation 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, NY, Baltimore, MD, and Washington, DC.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for the purposes of
carrying out subsection (a) the following amounts:
(1) For the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers--
(A) $100,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006;
(C) $100,000,000 for fiscal year 2007;
(D) $100,000,000 for fiscal year 2008; and
(E) $170,000,000 for fiscal year 2009.
(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 2005;
(B) $10,000,000 for fiscal year 2006;
(C) $10,000,000 for fiscal year 2007;
(D) $10,000,000 for fiscal year 2008; and
(E) $17,000,000 for fiscal year 2009.
(3) For the Washington, DC Union Station tunnels to improve
ventilation, communication, lighting, and passenger egress
upgrades--
(A) $8,000,000 for fiscal year 2005;
(B) $8,000,000 for fiscal year 2006;
(C) $8,000,000 for fiscal year 2007;
(D) $8,000,000 for fiscal year 2008; and
(E) $8,000,000 for fiscal year 2009.
(c) Infrastructure Upgrades.--There are authorized to be
appropriated to the Secretary of Transportation for fiscal year 2005
$3,000,000 for the preliminary design of options for a new tunnel on a
different alignment to augment the capacity of the existing Baltimore
tunnels.
(d) Availability of Appropriated Funds.--Amounts appropriated
pursuant to this section shall remain available until expended.
(e) Plans Required.--The Secretary may not make amounts available
to Amtrak for obligation 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, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, periodic status
reports, and such other matters the Secretary deems
appropriate.
(f) Review of Plans.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1) and (2) of
subsection (e) and approve or disapprove the plans within 45 days after
the date on which each such plan is submitted by Amtrak. If the
Secretary determines that a plan is incomplete or deficient, the
Secretary shall notify Amtrak of the incomplete items or deficiencies
and Amtrak shall, within 30 days after receiving the Secretary's
notification, submit a modified plan for the Secretary's review. Within
15 days after receiving additional information on items previously
included in the plan, and within 45 days after receiving items newly
included in a modified plan, the Secretary shall either approve the
modified plan, or, if the Secretary finds the plan is still incomplete
or deficient, the Secretary shall identify in writing to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure the
portions of the plan the Secretary finds incomplete or deficient,
approve all other portions of the plan, obligate the funds associated
with those other portions, and execute an agreement with Amtrak within
15 days thereafter on a process for resolving 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 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 commitments from such
other rail carriers at levels reflecting the extent of their
use of the tunnels, if feasible.
SEC. 8. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--Within 60 days after the date of
enactment of this Act, the Secretary of Transportation and the
Secretary of Homeland Security shall execute a memorandum of agreement
governing 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 ``safety'' the first place it
appears, and inserting ``safety, including security,''.
SEC. 9. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL
PASSENGER ACCIDENTS.
(a) In General.--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 passenger accidents
``(a) Submission of Plan.--Not later than 6 months after the date
of the enactment of the Rail Security Act of 2004, Amtrak shall submit
to the Chairman of the National Transportation Safety Board and the
Secretary of Transportation a plan for addressing the needs of the
families of passengers involved in any rail passenger accident
involving 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 minimum, the following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately 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
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers not
holding 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 reliable, 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 names of
the passengers, by suitably trained individuals.
``(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 passengers have been verified).
``(5) A process by which the family of each passenger 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 investigation 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 adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation 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 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 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 Amtrak 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 Transportation for the use of Amtrak
$500,000 for fiscal year 2005 to carry out this section. Amounts
appropriated pursuant to this subsection 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:
``Sec.
``24316. Plan to assist families of passengers involved in rail
passenger accidents.''.
SEC. 10. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General--Subject to subsection (c), the Under Secretary of
Homeland Security for Border and Transportation Security is authorized
to make grants, through the Secretary of Transportation, to Amtrak--
(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, DC;
(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; and
(7) to expand emergency preparedness efforts.
(b) Conditions.--The Secretary of Transportation may not disburse
funds to Amtrak under subsection (a) unless the projects are contained
in a systemwide security plan approved by the Under Secretary, in
consultation with the Secretary of Transportation, and, for capital
projects, meet the requirements of section 7(e)(2). The plan shall
include 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 receive an equitable share of the security funds authorized by
this section.
(d) Availability of Funds.--There are authorized to be appropriated
to the Under Secretary of Homeland Security for Border and
Transportation Security $63,500,000 for fiscal year 2005 for the
purposes of carrying out this section. Amounts appropriated pursuant to
this subsection shall remain available until expended.
SEC. 11. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Under Secretary of Homeland
Security for Border and Transportation Security is authorized to make
grants to freight railroads, the Alaska Railroad, hazardous materials
shippers, owners of rail cars used in the transportation of hazardous
materials, universities, colleges and research centers, State and local
governments (for passenger facilities and infrastructure not owned by
Amtrak), and, through the Secretary of Transportation, 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 threats,
including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of cargo or passenger screening equipment
at the United States-Mexico border or the United States-Canada
border;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their resistance
to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger 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 officers,
including canine units; and
(11) other improvements recommended by the report required
by section 2, including infrastructure, facilities, and
equipment upgrades.
(b) 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 Act 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 section, taking into account
geographic location, and shall encourage 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
passengers as well as intercity rail passengers.
(d) Conditions.--The Secretary of Transportation may not disburse
funds to Amtrak under subsection (a) unless Amtrak meets the conditions
set forth in section 10(b) of this Act.
(e) Allocation Between Railroads and Others.--Unless as a result of
the assessment required by section 2 the Under Secretary of Homeland
Security for Border and Transportation Security determines that
critical rail transportation security needs require reimbursement in
greater amounts to any eligible entity, no grants under this section
may be made--
(1) in excess of $65,000,000 to Amtrak; or
(2) in excess of $100,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary of Homeland Security for Border and
Transportation Security $350,000,000 for fiscal year 2005 to carry out
the purposes of this section. Amounts appropriated pursuant to this
subsection shall remain available until expended.
(g) High Hazard Materials Defined.--In this section, the term
``high hazard materials'' means poison inhalation hazard materials,
Class 2.3 gases, Class 6.1 materials, and anhydrous ammonia.
SEC. 12. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary of Transportation may use
up to 0.5 percent of amounts made available to Amtrak for capital
projects under the Rail Security Act of 2004 to enter into contracts
for the review of proposed capital projects and related program
management plans and to oversee construction of such projects.
(b) Use of Funds.--The Secretary may use amounts available under
subsection (a) of this subsection to make contracts for safety,
procurement, management, and financial compliance reviews 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 Act, including application and qualification procedures (including
a requirement that the applicant have a security plan), and a record of
decision on applicant eligibility. The procedures shall include the
execution of a grant agreement between the grant recipient and the
Under Secretary. The Under Secretary shall issue a final rule
establishing the procedures not later than 90 days after the date of
enactment of this Act.
SEC. 13. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The Under
Secretary of Homeland Security for Border and Transportation Security,
in conjunction with the Secretary of Transportation, shall carry out a
research and development program for the purpose of improving 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 tampering with
railroad equipment; and
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car
and transmit information about the integrity 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 11(g) of this Act;
(C) techniques to transfer hazardous materials from
rail cars that are damaged or otherwise represent an
unreasonable risk to human life or public safety;
(6) other projects recommended in the report required by
section 2.
(b) Coordination With Other Research Initiatives.--The Under
Secretary of Homeland Security for Border and Transportation Security
shall ensure that the research and development program authorized by
this section is coordinated with other research and development
initiatives at the Department and the Department of Transportation. The
Under Secretary of Homeland Security for Border and Transportation
Security shall carry out any research 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 development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(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 Act 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 of Homeland Security for Border and
Transportation Security $50,000,000 in each of fiscal years 2005 and
2006 to carry out the purposes of this section. Amounts appropriated
pursuant to this subsection shall remain available until expended.
SEC. 14. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.
(a) Track Standards.--Within 90 days after the date of enactment of
this Act, the Federal Railroad Administration shall--
(1) require each track owner using continuous welded rail
track to include procedures (in its procedures filed with the
Administration pursuant to section 213.119 of title 49, Code of
Federal Regulations) to improve the identification of cracks in
rail joint bars;
(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 those programs when conducting
track inspections; and
(3) establish a program to periodically review continuous
welded rail joint bar inspection data from railroads and
Administration track inspectors and, whenever the
Administration determines that it is necessary or appropriate,
require railroads to increase the frequency or improve the
methods of inspection of joint bars in continuous welded rail.
(b) Tank Car Standards.--The Federal Railroad Administration
shall--
(1) within 1 year after the date of enactment of this Act,
validate the predictive model it is developing to quantify the
relevant dynamic forces acting on railroad tank cars under
accident conditions; and
(2) within 18 months after the date of enactment of this
Act, initiate a rulemaking to develop and implement appropriate
design standards for pressurized tank cars.
(c) Older Tank Car Impact Resistance Analysis and Report.--Within 2
years after the date of enactment of this Act, the Federal Railroad
Administration shall--
(1) conduct a comprehensive analysis to determine the
impact resistance of the steels in the shells of pressure tank
cars constructed before 1989; and
(2) transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure with
recommendations for measures to eliminate or mitigate the risk
of catastrophic failure.
SEC. 15. NORTHERN BORDER RAIL PASSENGER REPORT.
Within 180 days after the date of enactment of this Act, the Under
Secretary of Homeland Security for Border and Transportation Security,
in consultation with the heads of other appropriate Federal departments
and agencies and the National Railroad Passenger Corporation, shall
transmit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure 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 provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January 18,
2001;
(3) an assessment of the current program to provide
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 towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
travelling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers; and
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security.
SEC. 16. REPORT REGARDING IMPACT ON SECURITY OF TRAIN TRAVEL IN
COMMUNITIES WITHOUT GRADE SEPARATION.
(a) Study.--The Secretary of Homeland Security shall, in
consultation with State and local government officials, conduct a study
on the impact of blocked highway-railroad grade crossings on the
ability of emergency responders, including ambulances and police, fire,
and other emergency vehicles, to perform public safety and security
duties in the event of a terrorist attack.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Homeland Security shall submit a report to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the findings of the study conducted
under subsection (a) and recommendations for reducing the impact of
blocked crossings on emergency response.
SEC. 17. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter A of chapter 201 of title 49, United
States Code, is amended by inserting after section 20115 the following:
``Sec. 20116. Whistleblower protection for rail security matters
``(a) Discrimination Against Employee.--No rail carrier engaged in
interstate or foreign commerce may discharge a railroad employee or
otherwise discriminate against a railroad employee because the employee
(or any person acting pursuant to a request of the employee)--
(1) provided, caused to be provided, or is about to provide
or cause to be provided, to the employer or the Federal
Government information relating to a perceived threat to
security; or
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a perceived threat
to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim arising
under this section is subject to resolution under section 3 of the
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National
Railroad Adjustment Board, a division or delegate of the Board, or
another board of adjustment established under section 3 to resolve the
dispute, 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, suspension, or another action affecting
pay, and no other remedy is available under this subsection, the Board,
division, delegate, or other board of adjustment may award the employee
reasonable damages, including punitive damages, of not more than
$20,000.
``(c) Procedural Requirements.--Except as provided in subsection
(b), the procedure set forth in section 42121(b)(2)(B) of this title,
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.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation 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 paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 of
title 49, United States Code, is amended by inserting after the item
relating to section 20115 the following:
``20116. Whistleblower protection for rail security matters.''.
Passed the Senate October 1, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary.