Pub. L. 110-432, div. A, tit. IV, sec. 402
CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF EMPLOYEES.
SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF EMPLOYEES.(a) Amendment.—Subchapter II of chapter 201, as amended by section 401 of this division, is further amended by adding at the end the following new section:“§ 20163. Certification of train conductors“(a) Regulations.—Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe regulations to establish a program requiring the certification of train conductors. In prescribing such regulations, the Secretary shall require that train conductors be trained, in accordance with the training standards developed pursuant to section 20162.“(b) Program Requirements.—In developing the regulations required by subsection (a), the Secretary may consider the requirements of section 20135(b) through (e).” .(b) Report.—Not later than 6 months after promulgating regulations under section 20162 of title 49, United States Code, the Secretary shall issue a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure about whether the certification of certain crafts or classes of railroad carrier or railroad carrier contractor or subcontractor employees is necessary to reduce the number and rate of accidents and incidents or to improve railroad safety.(c) Crafts and Classes to Be Considered.—As part of the report, the Secretary shall consider—(1) car repair and maintenance employees;(2) onboard service workers;(3) rail welders;(4) dispatchers;(5) signal repair and maintenance employees; and(6) any other craft or class of employees that the Secretary determines appropriate.(d) Regulations.—The Secretary may prescribe regulations requiring the certification of certain crafts or classes of employees that the Secretary determines pursuant to the report required by paragraph (1) are necessary to reduce the number and rate of accidents and incidents or to improve railroad safety.(e) Conforming Amendment.—The chapter analysis for chapter 201, as amended by section 401 of this division, is amended by inserting after the item relating to section 20162 the following: “20163. Certification of train conductors.”.