540 
as jointly determined by the Secretary and the Secretary of Transpor-
tation, unless the Secretary waives this consolidation requirement as 
appropriate; 
(2) consists of exercises that are— 
(A) scaled and tailored to the needs of the carrier, including ad-
dressing the needs of the elderly and individuals with disabilities; 
(B) live, in the case of the facilities most at risk to a terrorist 
attack; 
(C) coordinated with appropriate officials; 
(D) as realistic as practicable and based on current risk assess-
ments, including credible threats, vulnerabilities, and con-
sequences; 
(E) inclusive, as appropriate, of railroad frontline employees; 
and 
(F) consistent with the National Incident Management System, 
the National Response Plan, the National Infrastructure Protec-
tion Plan, the National Preparedness Guidance, the National Pre-
paredness Goal, and other national initiatives of this type; 
(3) provides that exercises described in paragraph (2) will be— 
(A) evaluated by the Secretary against clear and consistent per-
formance measures; 
(B) assessed by the Secretary to identify best practices, which 
shall be shared, as appropriate, with railroad carriers, nonprofit 
employee organizations that represent railroad carrier employees, 
Federal, State, local, and tribal officials, governmental and non-
governmental emergency response providers, law enforcement per-
sonnel, including railroad carrier and transit police, and other 
stakeholders; and 
(C) used to develop recommendations, as appropriate, from the 
Secretary to railroad carriers on remedial action to be taken in re-
sponse to lessons learned; 
(4) allows for proper advanced notification of communities and local 
governments in which exercises are held, as appropriate; and 
(5) assists State, local, and tribal governments and railroad carriers 
in designing, implementing, and evaluating additional exercises that 
conform to the requirements of paragraph (1). 
(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure that the 
exercise program developed under subsection (c) is a component of the na-
tional exercise program established under section 20508 of this title. 
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541 
§ 40716. Railroad security training program 
(a) IN GENERAL.—The Secretary shall develop and issue regulations for 
a training program to prepare railroad frontline employees for potential se-
curity threats and conditions. The regulations shall take into consideration 
current security training requirements or best practices. 
(b) CONSULTATION.—The Secretary shall develop the regulations under 
subsection (a) in consultation with— 
(1) appropriate law enforcement, fire service, emergency response, 
security, and terrorism experts; 
(2) railroad carriers; 
(3) railroad shippers; and 
(4) nonprofit employee labor organizations representing railroad em-
ployees or emergency response personnel. 
(c) PROGRAM ELEMENTS.—The regulations developed under subsection 
(a) shall require security training programs described in subsection (a) to 
include, at a minimum, elements to address the following, as applicable: 
(1) Determination of the seriousness of an occurrence or threat. 
(2) Crew and passenger communication and coordination. 
(3) Appropriate responses to defend or protect oneself. 
(4) Use of personal and other protective equipment. 
(5) Evacuation procedures for passengers and railroad employees, in-
cluding individuals with disabilities and the elderly. 
(6) Psychology, behavior, and methods of terrorists, including obser-
vation and analysis. 
(7) Training related to psychological responses to terrorist incidents, 
including the ability to cope with hijacker behavior and passenger re-
sponses. 
(8) Live situational training exercises regarding various threat condi-
tions, including tunnel evacuation procedures. 
(9) Recognition and reporting of dangerous substances, suspicious 
packages, and situations. 
(10) Understanding security incident procedures, including proce-
dures for communicating with governmental and nongovernmental 
emergency response providers and for on-scene interaction with emer-
gency response providers. 
(11) Operation and maintenance of security equipment and systems. 
(12) Other security training activities that the Secretary considers 
appropriate. 
(d) SUBMITTING PROGRAM TO SECRETARY FOR APPROVAL.—Each rail-
road carrier shall develop a security training program under this section and 
submit the program to the Secretary for approval. Not later than 60 days 
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after receiving a security training program proposal under this subsection, 
the Secretary shall approve the program or require the railroad carrier that 
developed the program to make revisions to the program that the Secretary 
considers necessary for the program to meet the requirements of this sec-
tion. A railroad carrier shall respond to the Secretary’s comments within 30 
days after receiving them. 
(e) TRAINING.—Not later than 1 year after the Secretary approves a se-
curity training program under subsection (d), the railroad carrier that devel-
oped the program shall complete the training of all railroad frontline em-
ployees who were hired by a carrier more than 30 days preceding the ap-
proval date. For employees employed by a carrier for fewer than 30 days 
preceding the approval date, training shall be completed within the first 60 
days of employment. 
(f) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.—The Sec-
retary periodically shall review and update as appropriate the training regu-
lations issued under subsection (a) to reflect new or changing security 
threats. Each railroad carrier shall revise its training program accordingly 
and provide additional training as necessary to its frontline employees with-
in a reasonable time after the regulations are updated. 
(g) PROGRAM COMPONENT
OF NATIONAL TRAINING PROGRAM.—The 
Secretary shall ensure that the training program developed under subsection 
(a) is a component of the national training program established under sec-
tion 20508 of this title. 
(h) OTHER EMPLOYEES.—The Secretary shall issue guidance and best 
practices for a railroad shipper employee security program containing the 
elements listed under subsection (c). 
§ 40717. Railroad security research and development 
(a) ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PROGRAM.—The 
Secretary, acting through the Under Secretary for Science and Technology 
and the Administrator of the Transportation Security Administration, shall 
carry out a research and development program for the purpose of improving 
the security of railroad transportation systems. 
(b) ELIGIBLE PROJECTS.—The research and development program may 
include projects— 
(1) to reduce the vulnerability of passenger trains, stations, and 
equipment to explosives and hazardous chemical, biological, and radio-
active substances, including the development of technology to screen 
passengers in large numbers at peak commuting times with minimal in-
terference and disruption; 
(2) to test new emergency response and recovery techniques and 
technologies, including those used at international borders; 
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(3) to develop improved railroad security technologies, including— 
(A) technologies for sealing or modifying railroad tank cars; 
(B) automatic inspection of railroad cars; 
(C) communication-based train control systems; 
(D) emergency response training, including training in a tunnel 
environment; 
(E) security and redundancy for critical communications, elec-
trical power, computer, and train control systems; and 
(F) technologies for securing bridges and tunnels; 
(4) to test wayside detectors that can detect tampering; 
(5) to support enhanced security for the transportation of security- 
sensitive materials by railroad; 
(6) to mitigate damages in the event of a cyberattack; and 
(7) to address other vulnerabilities and risks identified by the Sec-
retary. 
(c) COORDINATION
WITH OTHER RESEARCH INITIATIVES.—The Sec-
retary— 
(1) shall ensure that the research and development program is con-
sistent with the National Strategy for Railroad Transportation Security 
developed under section 40711 of this title and other transportation se-
curity research and development programs required by section 30304 
and chapters 401 through 407 of this title; 
(2) shall, to the extent practicable, coordinate the research and de-
velopment activities of the Department with other ongoing research and 
development security-related initiatives, including research being con-
ducted by— 
(A) the Department of Transportation, including University 
Transportation Centers and other institutes, centers, and simula-
tors funded by the Department of Transportation; 
(B) the National Academy of Sciences; 
(C) the Technical Support Working Group; 
(D) other Federal departments and agencies; and 
(E) other Federal and private research laboratories, research 
entities, and universities and institutions of higher education, in-
cluding Historically Black Colleges and Universities, Hispanic 
Serving Institutions, or Indian Tribally Controlled Colleges and 
Universities; 
(3) shall carry out a research and development project authorized by 
this section through a reimbursable agreement with an appropriate 
Federal agency, if the agency— 
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