[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 535 Introduced in House (IH)]
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.
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 2007''.
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 oneself.
(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.
<all>