I 

110TH CONGRESS 

1ST SESSION H. R. 535 

To provide for a rail worker emergency training program. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 17, 2007 

Mr. LYNCH introduced the following bill; which was referred to the Committee 

on Homeland Security, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for a rail worker emergency training program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rail Worker Emer5 gency Training Act of 2007’’. 

6 SEC. 2. RAIL WORKER EMERGENCY TRAINING GRANTS. 

7 (a) RAIL WORKER EMERGENCY TRAINING

8 GRANTS.—The Secretary of Homeland Security, in coordi9 nation with the Secretary of Transportation, is authorized 


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1 to make grants to railroad carriers for costs incurred in 

2 compliance with section 3. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary of 

5 Homeland Security $100,000,000 to carry out the pur6 poses of this Act. Amounts appropriated pursuant to this 

7 subsection shall remain available until expended. 

8 SEC. 3. RAIL WORKER EMERGENCY TRAINING PROGRAM. 

9 (a) IN GENERAL.—Not later than 90 days after the 

10 date of enactment of this Act, the Secretary of Homeland 

11 Security, in consultation with the Secretary of Transpor12 tation and appropriate rail entities, shall issue detailed 

13 guidelines for a rail worker emergency training program 

14 designed to enhance rail worker training in preparation 

15 for and response to potential or actual terrorist attacks, 

16 natural disasters, and other emergencies. 

17 (b) PROGRAM ELEMENTS.—The guidelines developed 

18 under subsection (a) shall require such a program to in19 clude, at a minimum, elements that comprehensively ad20 dress the following: 

21 (1) Critical infrastructure and equipment secu22 rity inspection. 

23 (2) Hazardous material storage, transport, and 

24 monitoring. 


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1 (3) Evacuation procedures in the event of fire, 

2 explosion, natural disaster, and other emergencies. 

3 (4) Unauthorized rail yard access and rail yard 

4 security. 

5 (5) Procedure for reporting suspicious activity, 

6 critical infrastructure, rail yard, and equipment se7 curity breaches, hazardous material storage or trans8 port safety breaches, and other security or safety 

9 breaches. 

10 (6) Notification of law enforcement, emergency 

11 response, and other appropriate officials in the event 

12 of a terrorist attack, natural disaster, hazardous ma13 terial explosion, and other emergencies. 

14 (7) Rail worker notification and training on 

15 railroad security plans, including a railroad carrier’s 

16 threat level identification system, employee notifica17 tion when such levels change, employee roles and re18 sponsibilities regarding the security plan, and lines 

19 of communication and coordination in the event of 

20 an emergency. 

21 (8) Passenger communication and coordination 

22 in the event of an emergency. 

23 (9) Live situational training exercises regarding 

24 various emergency scenarios, including terrorist atVerDate Aug 31 2005 23:52 Jan 18, 2007 Jkt 059196 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H535.IH H535

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1 tacks, natural disasters, and hazardous material ex2 plosions. 

3 (10) Protective equipment and device use. 

4 (11) Locomotive cab securement. 

5 (12) Background, skills, and ‘‘fitness for duty’’ 

6 checks for railroad contractors, subcontractors, and 

7 their employees equal to those applicable to railroad 

8 employees. 

9 (13) Distress codes for use by train crews, 

10 bridge tenders, and others as the Secretary of 

11 Homeland Security considers appropriate. 

12 (14) Appropriate responses to defend oneself. 

13 (15) Any other subject the Secretary of Home14 land Security considers appropriate. 

15 (c) RAILROAD CARRIER PROGRAMS.—Not later than 

16 90 days after the Secretary of Homeland Security issues 

17 guidelines under subsection (a) in final form, each railroad 

18 carrier shall develop a rail worker emergency training pro19 gram in accordance with those guidelines and submit it 

20 to the Secretary of Homeland Security for approval. Not 

21 later than 60 days after receiving a railroad carrier’s pro22 gram under this subsection, the Secretary shall review the 

23 program and approve it or require the railroad carrier to 

24 make any revisions the Secretary considers necessary for 

25 the program to meet the guideline requirements. 


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1 (d) TRAINING.—Not later than 1 year after the Sec2 retary of Homeland Security approves the training pro3 gram developed by a railroad carrier under this section, 

4 the railroad carrier shall complete the training of all rail 

5 workers in accordance with that program. 

6 (e) UPDATES.—The Secretary of Homeland Security 

7 shall update the training guidelines issued under sub8 section (a) from time to time to reflect new or different 

9 security threats, and shall require railroad carriers to re10 vise their programs accordingly and provide additional 

11 training to their rail workers. Not later than 60 days after 

12 the Secretary of Homeland Security notifies railroad car13 riers to revise their programs to reflect updated guidelines 

14 issued by the Secretary under this section, each railroad 

15 carrier shall make all required revisions and submit their 

16 revised emergency training program to the Secretary of 

17 Homeland Security for approval. Not later than 60 days 

18 after receiving a railroad carrier’s revised program under 

19 this subsection, the Secretary shall review the program 

20 and approve it or require the railroad carrier to make any 

21 revisions the Secretary considers necessary for the pro22 gram to meet updated guideline requirements. Not later 

23 than 180 days after the Secretary approves the revised 

24 training program developed by a railroad carrier under 

25 this subsection, the railroad carrier shall complete the 


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1 training of all rail workers in accordance with the Sec2 retary’s updated guidelines. 

3 SEC. 4. NONCOMPLIANCE. 

4 The Secretary of Homeland Security may issue a let5 ter of noncompliance to any rail carrier that has failed 

6 to comply with the obligations imposed by this Act. Any 

7 such letters issued shall be transmitted to Congress and 

8 published in the Federal Register. 

9 SEC. 5. DEFINITIONS. 

10 For purposes of this Act: 

11 (1) APPROPRIATE RAIL ENTITIES.—The term 

12 ‘‘appropriate rail entities’’ means freight and pas13 senger railroad carriers, nonprofit employee organi14 zations representing rail workers, nonprofit employee 

15 organizations representing emergency responders, 

16 owners or lessors of rail cars used to transport haz17 ardous materials, shippers of hazardous materials, 

18 manufacturers of rail tank cars, State Departments 

19 of Transportation, public safety officials, and other 

20 relevant parties. 

21 (2) RAILROAD.—The term ‘‘railroad’’ has the 

22 meaning given that term in section 20102(1) of title 

23 49, United States Code. 


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1 (3) RAILROAD CARRIER.—The term ‘‘railroad 

2 carrier’’ has the meaning given that term in section 

3 20102(2) of title 49, United States Code. 

4 (4) RAIL WORKER.—The term ‘‘rail worker’’ in5 cludes any employee of a railroad carrier, or of a 

6 railroad carrier contractor or subcontractor, who— 

7 (A) inspects, tests, maintains, or repairs 

8 brakes, other mechanical systems or compo9 nents, or safety appliances on railroad cars or 

10 locomotives; 

11 (B) is engaged in the operation of any 

12 train, including an employee that performs the 

13 duties of a hostler; 

14 (C) dispatches, reports, transmits, receives, 

15 or delivers orders pertaining to train move16 ments via telegraph, telephone, radio, or any 

17 other electrical or mechanical device; 

18 (D) installs, repairs, tests, or maintains 

19 signal systems; 

20 (E) inspects, constructs, or repairs railroad 

21 track, bridges, roadway, electrical traction sys22 tems, roadway facilities, or roadway mainte23 nance machinery; or 


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1 (F) is otherwise considered appropriate by 

2 the Secretary of Transportation. 

Æ 


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