I 
109TH CONGRESS 
1ST SESSION H. R. 4372 
To provide for a rail worker emergency training program. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 17, 2005 
Mr. LYNCH introduced the following bill; which was referred to the Committee 
on Homeland Security, and in addition to the Committee on Transpor-
tation and Infrastructure, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To provide for a rail worker emergency training program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rail Worker Emer-
gency Training Act of 2005’’. 
SEC. 2. RAIL WORKER EMERGENCY TRAINING GRANTS. 
(a) 
RAIL
WORKER
EMERGENCY
TRAINING 
GRANTS.—The Secretary of Homeland Security, in coordi-
nation with the Secretary of Transportation, is authorized
to make grants to railroad carriers for costs incurred in 
compliance with section 3. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Homeland Security $100,000,000 to carry out the pur-
poses of this Act. Amounts appropriated pursuant to this 
subsection shall remain available until expended. 
SEC. 3. RAIL WORKER EMERGENCY TRAINING PROGRAM. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Homeland 
Security, in consultation with the Secretary of Transpor-
tation and appropriate rail entities, 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 disasters, and other emergencies. 
(b) PROGRAM ELEMENTS.—The guidelines developed 
under subsection (a) shall require such a program to in-
clude, at a minimum, elements that comprehensively ad-
dress the following: 
(1) Critical infrastructure and equipment secu-
rity inspection. 
(2) Hazardous material storage, transport, and 
monitoring.
(3) Evacuation procedures in the event of fire, 
explosion, natural disaster, and other emergencies. 
(4) Unauthorized rail yard access and rail yard 
security. 
(5) Procedure for reporting suspicious activity, 
critical infrastructure, rail yard, and equipment se-
curity breaches, hazardous material storage or trans-
port safety breaches, and other security or safety 
breaches. 
(6) Notification of law enforcement, emergency 
response, and other appropriate officials in the event 
of a terrorist attack, natural disaster, hazardous ma-
terial explosion, and other emergencies. 
(7) Rail worker notification and training on 
railroad security plans, including a railroad carrier’s 
threat level identification system, employee notifica-
tion when such levels change, employee roles and re-
sponsibilities regarding the security plan, and lines 
of communication and coordination in the event of 
an emergency. 
(8) Passenger communication and coordination 
in the event of an emergency. 
(9) Live situational training exercises regarding 
various emergency scenarios, including terrorist at-
tacks, natural disasters, and hazardous material ex-
plosions. 
(10) Protective equipment and device use. 
(11) Locomotive cab securement. 
(12) Background, skills, and ‘‘fitness for duty’’ 
checks for railroad contractors, subcontractors, and 
their employees equal to those applicable to railroad 
employees. 
(13) Distress codes for use by train crews, 
bridge tenders, and others as the Secretary of 
Homeland Security considers appropriate. 
(14) Appropriate responses to defend onself. 
(15) Any other subject the Secretary of Home-
land Security considers appropriate. 
(c) RAILROAD CARRIER PROGRAMS.—Not later than 
90 days after the Secretary of Homeland Security issues 
guidelines under subsection (a) in final form, each railroad 
carrier shall develop a rail worker emergency training pro-
gram 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 pro-
gram under this subsection, the Secretary shall review the 
program and approve it or require the railroad carrier to 
make any revisions the Secretary considers necessary for 
the program to meet the guideline requirements.
(d) TRAINING.—Not later than 1 year after the Sec-
retary of Homeland Security approves the training pro-
gram developed by a railroad carrier under this section, 
the railroad carrier shall complete the training of all rail 
workers in accordance with that program. 
(e) UPDATES.—The Secretary of Homeland Security 
shall update the training guidelines issued under sub-
section (a) from time to time to reflect new or different 
security threats, and shall require railroad carriers to re-
vise their programs accordingly and provide additional 
training to their rail workers. Not later than 60 days after 
the Secretary of Homeland Security notifies railroad car-
riers to revise their programs to reflect updated guidelines 
issued by the Secretary under this section, each railroad 
carrier shall make all required revisions and submit their 
revised emergency training program to the Secretary of 
Homeland Security for approval. Not later than 60 days 
after receiving a railroad carrier’s revised program under 
this subsection, the Secretary shall review the program 
and approve it or require the railroad carrier to make any 
revisions the Secretary considers necessary for the pro-
gram to meet updated guideline requirements. Not later 
than 180 days after the Secretary approves the revised 
training program developed by a railroad carrier under 
this subsection, the railroad carrier shall complete the
training of all rail workers in accordance with the Sec-
retary’s updated guidelines. 
SEC. 4. NONCOMPLIANCE. 
The Secretary of Homeland Security may issue a let-
ter of noncompliance to any rail carrier that has failed 
to comply with the obligations imposed by this Act. Any 
such letters issued shall be transmitted to Congress and 
published in the Federal Register. 
SEC. 5. DEFINITIONS. 
For purposes of this Act: 
(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 
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; 
(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. 
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