[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4372 Introduced in House (IH)]







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 
  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rail Worker Emergency Training Act 
of 2005''.

SEC. 2. RAIL WORKER EMERGENCY TRAINING GRANTS.

    (a) 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 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 purposes 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 Transportation 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 include, at a minimum, elements 
that comprehensively address the following:
            (1) Critical infrastructure and equipment security 
        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 security breaches, 
        hazardous material storage or transport 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 material explosion, and 
        other emergencies.
            (7) Rail worker notification and training on railroad 
        security plans, including a railroad carrier's threat level 
        identification system, employee notification when such levels 
        change, employee roles and responsibilities 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 attacks, natural 
        disasters, and hazardous material explosions.
            (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 Homeland 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 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 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 Secretary of 
Homeland Security approves the training program 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 subsection (a) from time to time to 
reflect new or different security threats, and shall require railroad 
carriers to revise their programs accordingly and provide additional 
training to their rail workers. Not later than 60 days after the 
Secretary of Homeland Security notifies railroad carriers 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 program 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 Secretary's updated guidelines.

SEC. 4. NONCOMPLIANCE.

     The Secretary of Homeland Security may issue a letter 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 passenger railroad carriers, 
        nonprofit employee organizations representing rail workers, 
        nonprofit employee organizations representing emergency 
        responders, owners or lessors of rail cars used to transport 
        hazardous 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'' includes 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 components, 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 movements 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 systems, 
                roadway facilities, or roadway maintenance machinery; 
                or
                    (F) is otherwise considered appropriate by the 
                Secretary of Transportation.
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