(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 bad faith of the claim-
ant, bringing an action at law or equity for de 
novo review in the appropriate district court of 
the United States, which shall have jurisdiction 
over such action without regard to the amount 
in controversy. 
(2) PROCEDURE.— 
(A) IN
GENERAL.—An action brought 
under paragraph (1)(A) shall be governed by 
the rules and procedures set forth in section 
42121(b)(1) of title 49, United States Code. 
(B) EXCEPTION.—Notification made under 
section 42121(b)(1) of title 49, United States 
Code, shall be made to the person named in the 
complaint and to the employer. 
(C) BURDENS
OF
PROOF.—An action 
under paragraph (1)(B) shall be governed by 
the legal burdens of proof set forth in section 
42121(b) of title 49, United States Code. 
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(D) STATUTE OF LIMITATIONS.—An action 
brought under paragraph (1) 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 interest; 
and 
(C) the compensation for any special dam-
ages sustained as a result of the discrimination, 
including litigation costs, expert witness fees, 
and reasonable attorney’s fees. 
(d) RIGHTS RETAINED BY EMPLOYEE.—Nothing in 
this section shall be deemed to diminish the rights, privi-
leges, or remedies of any employee under any Federal or 
State law, or under any collective bargaining agreement. 
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SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 
There are authorized to be appropriated $2,500,000,000 
for fiscal year 2008 to carry out the provisions of section 
6(a), which shall remain available until expended. 
(b) OPERATIONAL
SECURITY
ASSISTANCE
PRO-
GRAM.—There are authorized to be appropriated to carry 
out the provisions of section 6(b)— 
(1) $100,000,000 for fiscal year 2008; 
(2) $750,000,000 for fiscal year 2009; and 
(3) $500,000,000 for fiscal year 2010. 
(c) RAIL
SECURITY
RESEARCH
AND
DEVELOP-
MENT.—There 
are 
authorized 
to 
be 
appropriated 
$50,000,000 for fiscal year 2008 to carry out the provi-
sions of section 7(a), and $50,000,000 for fiscal year 2008 
to carry out the provisions of section 7(b), which shall re-
main available until expended. 
SEC. 10. RAIL WORKER EMERGENCY TRAINING. 
(a) 
RAIL
WORKER
EMERGENCY
TRAINING 
GRANTS.— 
(1) RAIL
WORKER
EMERGENCY
TRAINING 
GRANTS.—The Secretary of Homeland Security, in 
coordination with the Secretary of Transportation, is 
authorized to make grants to railroad carriers for 
costs incurred in compliance with subsection (c). 
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(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary of Homeland Security $100,000,000 to carry 
out the purposes of this section. Amounts appro-
priated pursuant to this paragraph shall remain 
available until expended. 
(b) RAIL WORKER EMERGENCY TRAINING PRO-
GRAM.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of 
Homeland Security, in consultation with the Sec-
retary of Transportation and appropriate rail enti-
ties, shall issue detailed guidelines for a rail worker 
emergency training program designed to enhance 
rail worker training in preparation for and response 
to potential or actual terrorist attacks, natural dis-
asters, and other emergencies. 
(2) PROGRAM ELEMENTS.—The guidelines de-
veloped under paragraph (1) shall require such a 
program to include, at a minimum, elements that 
comprehensively address the following: 
(A) Critical infrastructure and equipment 
security inspection. 
(B) Hazardous material storage, transport, 
and monitoring. 
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(C) Evacuation procedures in the event of 
fire, explosion, natural disaster, and other 
emergencies. 
(D) Unauthorized rail yard access and rail 
yard security. 
(E) Procedure for reporting suspicious ac-
tivity, critical infrastructure, rail yard, and 
equipment security breaches, hazardous mate-
rial storage or transport safety breaches, and 
other security or safety breaches. 
(F) Notification of law enforcement, emer-
gency response, and other appropriate officials 
in the event of a terrorist attack, natural dis-
aster, hazardous material explosion, and other 
emergencies. 
(G) Rail worker notification and training 
on railroad security plans, including a railroad 
carrier’s threat level identification system, em-
ployee notification when such levels change, em-
ployee roles and responsibilities regarding the 
security plan, and lines of communication and 
coordination in the event of an emergency. 
(H) Passenger communication and coordi-
nation in the event of an emergency. 
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(I) Live situational training exercises re-
garding various emergency scenarios, including 
terrorist attacks, natural disasters, and haz-
ardous material explosions. 
(J) Protective equipment and device use. 
(K) Locomotive cab securement. 
(L) Background, skills, and ‘‘fitness for 
duty’’ checks for railroad contractors, sub-
contractors, and their employees equal to those 
applicable to railroad employees. 
(M) Distress codes for use by train crews, 
bridge tenders, and others as the Secretary of 
Homeland Security considers appropriate. 
(N) Appropriate responses to defend one-
self. 
(O) Any other subject the Secretary of 
Homeland Security considers appropriate. 
(3) RAILROAD CARRIER PROGRAMS.—Not later 
than 90 days after the Secretary of Homeland Secu-
rity issues guidelines under paragraph (1) in final 
form, each railroad carrier shall develop a rail work-
er emergency training program in accordance with 
those guidelines and submit it to the Secretary of 
Homeland Security for approval. Not later than 60 
days after receiving a railroad carrier’s program 
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vised program under this paragraph, the Secretary 
shall review the program and approve it or require 
the railroad carrier to make any revisions the Sec-
retary considers necessary for the program to meet 
updated guideline requirements. Not later than 180 
days after the Secretary approves the revised train-
ing program developed by a railroad carrier under 
this paragraph, the railroad carrier shall complete 
the training of all rail workers in accordance with 
the Secretary’s updated guidelines. 
(c) NONCOMPLIANCE.— The Secretary of Homeland 
Security may issue a letter of noncompliance to any rail 
carrier that has failed to comply with the obligations im-
posed by this section. Any such letters issued shall be 
transmitted to Congress and published in the Federal 
Register. 
(d) DEFINITIONS.—For purposes of this section: 
(1) APPROPRIATE RAIL ENTITIES.—The term 
‘‘appropriate rail entities’’ means freight and pas-
senger railroad carriers, nonprofit employee organi-
zations representing rail workers, nonprofit employee 
organizations representing emergency responders, 
owners or lessors of rail cars used to transport haz-
ardous materials, shippers of hazardous materials, 
manufacturers of rail tank cars, State Departments 
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of Transportation, public safety officials, and other 
relevant parties. 
(2) RAILROAD.—The term ‘‘railroad’’ has the 
meaning given that term in section 20102(1) of title 
49, United States Code. 
(3) RAILROAD CARRIER.—The term ‘‘railroad 
carrier’’ has the meaning given that term in section 
20102(2) of title 49, United States Code. 
(4) RAIL WORKER.—The term ‘‘rail worker’’ in-
cludes any employee of a railroad carrier, or of a 
railroad carrier contractor or subcontractor, who— 
(A) inspects, tests, maintains, or repairs 
brakes, other mechanical systems or compo-
nents, or safety appliances on railroad cars or 
locomotives; 
(B) is engaged in the operation of any 
train, including an employee that performs the 
duties of a hostler; 
(C) dispatches, reports, transmits, receives, 
or delivers orders pertaining to train move-
ments via telegraph, telephone, radio, or any 
other electrical or mechanical device; 
(D) installs, repairs, tests, or maintains 
signal systems; 
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(E) inspects, constructs, or repairs railroad 
track, bridges, roadway, electrical traction sys-
tems, roadway facilities, or roadway mainte-
nance machinery; or 
(F) is otherwise considered appropriate by 
the Secretary of Transportation. 
Æ 
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