-CITE-
    49 USC CHAPTER 201 - GENERAL                                01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL

-HEAD-
                           CHAPTER 201 - GENERAL                       

-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    20101.      Purpose.                                              
    20102.      Definitions.                                          
    20103.      General authority.                                    
    20104.      Emergency authority.                                  
    20105.      State participation.                                  
    20106.      National uniformity of regulation.                    
    20107.      Inspection and investigation.                         
    20108.      Research, development, testing, and training.         
    20109.      Employee protections.                                 
    20110.      Effect on employee qualifications and collective
                 bargaining.                                          
    20111.      Enforcement by the Secretary of Transportation.       
    20112.      Enforcement by the Attorney General.                  
    20113.      Enforcement by the States.                            
    20114.      Judicial procedures.                                  
    20115.      User fees.                                            
    [20116.     Repealed.]                                            
    20117.      Authorization of appropriations.                      

               SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY           
    20131.      Restricted access to rolling equipment.               
    20132.      Visible markers for rear cars.                        
    20133.      Passenger cars.                                       
    20134.      Grade crossings and railroad rights of way.           
    20135.      Licensing or certification of locomotive operators.   
    20136.      Automatic train control and related systems.          
    20137.      Event recorders.                                      
    20138.      Tampering with safety and operational monitoring
                 devices.                                             
    20139.      Maintenance-of-way operations on railroad bridges.    
    20140.      Alcohol and controlled substances testing.            
    20141.      Power brake safety.                                   
    20142.      Track safety.                                         
    20143.      Locomotive visibility.                                
    20144.      Blue signal protection for on-track vehicles.         
    20145.      Report on bridge displacement detection systems.      
    20146.      Institute for Railroad Safety.                        
    20147.      Warning of civil liability.                           
    20148.      Railroad car visibility.                              
    20149.      Coordination with the Department of Labor.            
    20150.      Positive train control system progress report.        
    20151.      Railroad trespassing and vandalism prevention
                 strategy.                                            
    20152.      Emergency notification of grade crossing problems.    
    20153.      Audible warnings at highway-rail grade crossings.     
    20154.      Capital grants for rail line relocation projects.     
    20155.      Tank cars.                                            

                                AMENDMENTS                            
      2005 - Pub. L. 109-59, title IX, Secs. 9002(a)(2), 9005(b)(2),
    Aug. 10, 2005, 119 Stat. 1921, 1925, added items 20154 and 20155.
      1995 - Pub. L. 104-66, title I, Sec. 1121(g)(2), Dec. 21, 1995,
    109 Stat. 724, struck out item 20116 "Biennial report".
      1994 - Pub. L. 103-440, title II, Secs. 206(b), 207(b), 210(b),
    211(b), 212(b), 213(b), 214(b), 215(b), 219(b), title III, Secs.
    301(b), 302(b), Nov. 2, 1994, 108 Stat. 4621-4624, 4626, 4628,
    substituted "Biennial" for "Annual" in item 20116 and "cars" for
    "equipment" in item 20133 and added items 20145 to 20153.

-End-

-CITE-
    49 USC SUBCHAPTER I - GENERAL                               01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-

-CITE-
    49 USC Sec. 20101                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20101. Purpose

-STATUTE-
      The purpose of this chapter is to promote safety in every area of
    railroad operations and reduce railroad-related accidents and
    incidents.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 863.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20101          45:421.                 Oct. 16, 1970, Pub. L.       
                                            91-458, Sec. 101, 84 Stat.  
                                            971.                        
    --------------------------------------------------------------------

      The words "The Congress declares that" are omitted as surplus.
    The words "accidents and incidents" are substituted for "accidents"
    for consistency with the source provisions restated in section
    20105(b)(1)(B) of the revised title. The words "and to reduce
    deaths and injuries to persons and to reduce damage to property
    caused by accidents involving any carrier of hazardous materials"
    are omitted as obsolete because they applied to 49 App.:1761 and
    1762, that were repealed by section 113(g) of the Hazardous
    Materials Transportation Act (Public Law 93-633, 88 Stat. 2163).

                       SHORT TITLE OF 1997 AMENDMENT                   
      Pub. L. 105-134, Sec. 1(a), Dec. 2, 1997, 111 Stat. 2570,
    provided that: "This Act [enacting section 28103 of this title,
    amending sections 24101, 24102, 24104, 24301 to 24307, 24309,
    24312, 24315, 24701, 24706, 24902, and 24904 of this title, section
    8G of the Inspector General Act of 1978, Pub. L. 95-452, set out in
    the Appendix to Title 5, Government Organization and Employees, and
    section 9101 of Title 31, Money and Finance, repealing sections
    24310, 24314, 24501 to 24506, 24702 to 24705, 24707, 24708, and
    24903 of this title, and section 1111 of Title 45, Railroads, and
    enacting provisions set out as notes under this section and
    sections 24101, 24104, 24301, 24304, 24305, 24307, 24312, 24315,
    24501, and 24706 of this title, section 8G of the Appendix to Title
    5, and section 172 of Title 26, Internal Revenue Code] may be cited
    as the 'Amtrak Reform and Accountability Act of 1997'."

                       SHORT TITLE OF 1994 AMENDMENT                   
      Pub. L. 103-440, title I, Sec. 101, Nov. 2, 1994, 108 Stat. 4615,
    provided that: "This title [enacting sections 26101 to 26105 of
    this title, renumbering former sections 26101 and 26102 of this
    title as 28101 and 28102 of this title, respectively, and enacting
    provisions set out as notes under section 26101 of this title and
    section 838 of Title 45, Railroads] may be cited as the 'Swift Rail
    Development Act of 1994'."
      Pub. L. 103-440, title II, Sec. 201, Nov. 2, 1994, 108 Stat.
    4619, provided that: "This title [enacting sections 20145 to 20151
    and 21108 of this title, amending sections 103, 20103, 20111,
    20116, 20117, 20133, 20142, and 21303 of this title, and enacting
    provisions set out as a note under section 11504 of this title] may
    be cited as the 'Federal Railroad Safety Authorization Act of
    1994'."

-End-

-CITE-
    49 USC Sec. 20102                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20102. Definitions

-STATUTE-
      In this part - 
        (1) "railroad" - 
          (A) means any form of nonhighway ground transportation that
        runs on rails or electromagnetic guideways, including - 
            (i) commuter or other short-haul railroad passenger service
          in a metropolitan or suburban area and commuter railroad
          service that was operated by the Consolidated Rail
          Corporation on January 1, 1979; and
            (ii) high speed ground transportation systems that connect
          metropolitan areas, without regard to whether those systems
          use new technologies not associated with traditional
          railroads; but

          (B) does not include rapid transit operations in an urban
        area that are not connected to the general railroad system of
        transportation.

        (2) "railroad carrier" means a person providing railroad
      transportation.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 863.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20102(1)       45:16.                  Apr. 14, 1910, ch. 160, Sec. 
                                            1, 36 Stat. 298; restated   
                                            June 22, 1988, Pub. L.      
                                            100-342, Sec. 13(3)(E), 102 
                                            Stat. 632.                  
                   45:22.                  Feb. 17, 1911, ch. 103, Sec. 
                                            1, 36 Stat. 913; June 7,    
                                            1924, ch. 355, Sec. 1, 43   
                                            Stat. 659; restated June 22,
                                            1988, Pub. L. 100-342, Sec. 
                                            14(1), 102 Stat. 632.       
                   45:38 (last             May 6, 1910, ch. 208, 36     
                    sentence).              Stat. 350, Sec. 1 (last     
                                            sentence); added June 22,   
                                            1988, Pub. L. 100-342, Sec. 
                                            15(1)(C), 102 Stat. 633.    
                   45:61(a).               Mar. 4, 1907, ch. 2939, Sec. 
                                            1(a), 34 Stat. 1415; Dec.   
                                            26, 1969, Pub. L. 91-169,   
                                            Sec. 1, 83 Stat. 463;       
                                            restated Nov. 2, 1978, Pub. 
                                            L. 95-574, Sec. 5, 92 Stat. 
                                            2461; June 22, 1988, Pub. L.
                                            100-342, Sec. 16(1)(A), 102 
                                            Stat. 634.                  
                   45:61(b)(1).            Mar. 4, 1907, ch. 2939, Sec. 
                                            1(b)(1), 34 Stat. 1415;     
                                            restated Dec. 26, 1969, Pub.
                                            L. 91-169, Sec. 1, 83 Stat. 
                                            463; June 22, 1988, Pub. L. 
                                            100-342, Sec. 16(1)(B), 102 
                                            Stat. 634.                  
                   45:431(e).              Oct. 16, 1970, Pub. L.       
                                            91-458, Sec. 202(e), 84     
                                            Stat. 971; restated June 22,
                                            1988, Pub. L. 100-342, Sec. 
                                            7(a), 102 Stat. 628.        
                   49:App.:26(a).          Feb. 4, 1887, ch. 104, 24    
                                            Stat. 379, Sec. 25(a); added
                                            Feb. 28, 1920, ch. 91, Sec. 
                                            441, 41 Stat. 498; Aug. 26, 
                                            1937, ch. 818, 50 Stat. 835;
                                            Sept. 18, 1940, ch. 722,    
                                            Sec. 14(b), 54 Stat. 919;   
                                            restated June 22, 1988, Pub.
                                            L. 100-342, Sec. 17(1), 102 
                                            Stat. 635.                  
    20102(2)       (no source).                                         
    --------------------------------------------------------------------

      Clause (1) is substituted for the source provisions to avoid
    repeating the definition of "railroad" in each chapter in this
    part.
      Clause (2) is added to distinguish between railroad
    transportation and the entity providing railroad transportation.

-End-

-CITE-
    49 USC Sec. 20103                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20103. General authority

-STATUTE-
      (a) Regulations and Orders. - The Secretary of Transportation, as
    necessary, shall prescribe regulations and issue orders for every
    area of railroad safety supplementing laws and regulations in
    effect on October 16, 1970. When prescribing a security regulation
    or issuing a security order that affects the safety of railroad
    operations, the Secretary of Homeland Security shall consult with
    the Secretary.
      (b) Regulations of Practice for Proceedings. - The Secretary
    shall prescribe regulations of practice applicable to each
    proceeding under this chapter. The regulations shall reflect the
    varying nature of the proceedings and include time limits for
    disposition of the proceedings. The time limit for disposition of a
    proceeding may not be more than 12 months after the date it begins.
      (c) Consideration of Information and Standards. - In prescribing
    regulations and issuing orders under this section, the Secretary
    shall consider existing relevant safety information and standards.
      (d) Waivers. - The Secretary may waive compliance with any part
    of a regulation prescribed or order issued under this chapter if
    the waiver is in the public interest and consistent with railroad
    safety. The Secretary shall make public the reasons for granting
    the waiver.
      (e) Hearings. - The Secretary shall conduct a hearing as provided
    by section 553 of title 5 when prescribing a regulation or issuing
    an order under this chapter, including a regulation or order
    establishing, amending, or waiving compliance with a railroad
    safety regulation prescribed or order issued under this chapter. An
    opportunity for an oral presentation shall be provided.
      (f) Tourist Railroad Carriers. - In prescribing regulations that
    pertain to railroad safety that affect tourist, historic, scenic,
    or excursion railroad carriers, the Secretary of Transportation
    shall take into consideration any financial, operational, or other
    factors that may be unique to such railroad carriers. The Secretary
    shall submit a report to Congress not later than September 30,
    1995, on actions taken under this subsection.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 863; Pub. L.
    103-440, title II, Sec. 217, Nov. 2, 1994, 108 Stat. 4624; Pub. L.
    107-296, title XVII, Sec. 1710(b), Nov. 25, 2002, 116 Stat. 2319.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20103(a)       45:431(a) (1st          Oct. 16, 1970, Pub. L.       
                    sentence cl. (1)).      91-458, Sec. 202(a) (1st    
                                            sentence cl. (1)), (b), (c),
                                            84 Stat. 971.               
    20103(b)       45:431(d)               Oct. 16, 1970, Pub. L.       
                    (21st-last words).      91-458, Sec. 202(d), 84     
                                            Stat. 971; restated July 8, 
                                            1976, Pub. L. 94-348, Sec.  
                                            5(a), 90 Stat. 819.         
    20103(c)       45:431(d) (1st-20th                                  
                    words).                                             
    20103(d)       45:431(c).                                           
    20103(e)       45:431(b).                                           
    --------------------------------------------------------------------

      In this part, the word "rule" is omitted as being synonymous with
    "regulation". The word "standard" is omitted as being included in
    "regulation".
      In subsection (a), the words "(hereafter in this subchapter
    referred to as the 'Secretary')" in 45:431(a) (1st sentence cl.
    (1)) are omitted as surplus because the complete name of the
    Secretary of Transportation is used the first time the term appears
    in a section.
      In subsection (b), the words "within 180 days after July 8, 1976"
    are omitted as expired. The word "prescribe" is substituted for
    "take such action as may be necessary to develop and publish" for
    consistency in the revised title and with other titles of the
    United States Code and to eliminate unnecessary words.
      In subsection (d), the words "after hearing in accordance with
    subsection (b) of this section" are omitted as surplus because of
    the language restated in subsection (e) of this section.

                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-296 inserted at end "When
    prescribing a security regulation or issuing a security order that
    affects the safety of railroad operations, the Secretary of
    Homeland Security shall consult with the Secretary."
      1994 - Subsec. (f). Pub. L. 103-440 added subsec. (f).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                                REGULATIONS                            
      Section 4(t) of Pub. L. 103-272 provided that:
      "(1) Not later than March 3, 1995, the Secretary of
    Transportation shall complete a regulatory proceeding to consider
    prescribing regulations to improve the safety and working
    conditions of locomotive cabs. The proceeding shall assess - 
        "(A) the adequacy of Locomotive Crashworthiness Requirements
      Standard S-580, or any successor standard, adopted by the
      Association of American Railroads in 1989 in improving the safety
      of locomotive cabs; and
        "(B) the extent to which environmental, sanitary, and other
      working conditions in locomotive cabs affect productivity,
      health, and the safe operation of locomotives.
      "(2) Supporting Research and Analysis. - In support of the
    proceeding required under paragraph (1) of this subsection, the
    Secretary shall conduct research and analysis, including computer
    modeling and full-scale crash testing, as appropriate, to consider -
     
        "(A) the costs and benefits associated with equipping
      locomotives with - 
          "(i) braced collision posts;
          "(ii) rollover protection devices;
          "(iii) deflection plates;
          "(iv) shatterproof windows;
          "(v) readily accessible crash refuges;
          "(vi) uniform sill heights;
          "(vii) anticlimbers, or other equipment designed to prevent
        overrides resulting from head-on locomotive collisions;
          "(viii) equipment to deter post-collision entry of flammable
        liquids into locomotive cabs;
          "(ix) any other devices intended to provide crash protection
        for occupants of locomotive cabs; and
          "(x) functioning and regularly maintained sanitary
        facilities; and
        "(B) the effects on train crews of the presence of asbestos in
      locomotive components.
      "(3) Report. - If, on the basis of the proceeding required under
    paragraph (1) of this subsection, the Secretary decides not to
    prescribe regulations, the Secretary shall report to Congress on
    the reasons for that decision."

-End-

-CITE-
    49 USC Sec. 20104                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20104. Emergency authority

-STATUTE-
      (a) Ordering Restrictions and Prohibitions. - (1) If, through
    testing, inspection, investigation, or research carried out under
    this chapter, the Secretary of Transportation decides that an
    unsafe condition or practice, or a combination of unsafe conditions
    and practices, causes an emergency situation involving a hazard of
    death or personal injury, the Secretary immediately may order
    restrictions and prohibitions, without regard to section 20103(e)
    of this title, that may be necessary to abate the situation.
      (2) The order shall describe the condition or practice, or a
    combination of conditions and practices, that causes the emergency
    situation and prescribe standards and procedures for obtaining
    relief from the order. This paragraph does not affect the
    Secretary's discretion under this section to maintain the order in
    effect for as long as the emergency situation exists.
      (b) Review of Orders. - After issuing an order under this
    section, the Secretary shall provide an opportunity for review of
    the order under section 554 of title 5. If a petition for review is
    filed and the review is not completed by the end of the 30-day
    period beginning on the date the order was issued, the order stops
    being effective at the end of that period unless the Secretary
    decides in writing that the emergency situation still exists.
      (c) Civil Actions To Compel Issuance of Orders. - An employee of
    a railroad carrier engaged in interstate or foreign commerce who
    may be exposed to imminent physical injury during that employment
    because of the Secretary's failure, without any reasonable basis,
    to issue an order under subsection (a) of this section, or the
    employee's authorized representative, may bring a civil action
    against the Secretary in a district court of the United States to
    compel the Secretary to issue an order. The action must be brought
    in the judicial district in which the emergency situation is
    alleged to exist, in which that employing carrier has its principal
    executive office, or for the District of Columbia. The Secretary's
    failure to issue an order under subsection (a) of this section may
    be reviewed only under section 706 of title 5.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 864.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20104(a)       45:432(a), (d).         Oct. 16, 1970, Pub. L.       
                                            91-458, Sec. 203, 84 Stat.  
                                            972; restated Oct. 10, 1980,
                                            Pub. L. 96-423, Sec. 3, 94  
                                            Stat. 1811.                 
    20104(b)       45:432(b), (c).                                      
    20104(c)       45:432(e).                                           
    --------------------------------------------------------------------

      In subsection (a)(1), the words "or both" are omitted as surplus.
    The words "immediately may order restrictions and prohibitions . .
    . that may be necessary to abate the situation" are substituted for
    "may immediately issue an order . . . imposing such restrictions or
    prohibitions as may be necessary to bring about the abatement of
    such emergency situation" to eliminate unnecessary words.
      In subsection (a)(2), the words "or a combination of conditions
    and practices" are added for consistency with paragraph (1). The
    words "(as determined by the Secretary)" are omitted as surplus.
    The last sentence is substituted for 45:432(d) (last sentence) for
    clarity.
      In subsection (b), the words "the Secretary" are added for
    clarity.
      In subsection (c), the words "issue an order" are substituted for
    "seek relief" for consistency in this section. The words "The
    action must be brought in the judicial district" are substituted
    for "for the judicial district" for consistency in the revised
    title.

-End-

-CITE-
    49 USC Sec. 20105                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20105. State participation

-STATUTE-
      (a) Investigative and Surveillance Activities. - The Secretary
    concerned may prescribe investigative and surveillance activities
    necessary to enforce the safety regulations prescribed and orders
    issued by the Secretary (!1) that apply to railroad equipment,
    facilities, rolling stock, and operations in a State. The State may
    participate in those activities when the safety practices for
    railroad equipment, facilities, rolling stock, and operations in
    the State are regulated by a State authority and the authority
    submits to the Secretary concerned an annual certification as
    provided in subsection (b) of this section.

      (b) Annual Certification. - (1) A State authority's annual
    certification must include - 
        (A) a certification that the authority - 
          (i) has regulatory jurisdiction over the safety practices for
        railroad equipment, facilities, rolling stock, and operations
        in the State;
          (ii) was given a copy of each safety regulation prescribed
        and order issued by the Secretary concerned, that applies to
        the equipment, facilities, rolling stock, or operations, as of
        the date of certification; and
          (iii) is conducting the investigative and surveillance
        activities prescribed by the Secretary concerned under
        subsection (a) of this section; and

        (B) a report, in the form the Secretary concerned prescribes by
      regulation, that includes - 
          (i) the name and address of each railroad carrier subject to
        the safety jurisdiction of the authority;
          (ii) each accident or incident reported during the prior 12
        months by a railroad carrier involving a fatality, personal
        injury requiring hospitalization, or property damage of more
        than $750 (or a higher amount prescribed by the Secretary
        concerned), and a summary of the authority's investigation of
        the cause and circumstances surrounding the accident or
        incident;
          (iii) the record maintenance, reporting, and inspection
        practices conducted by the authority to aid the Secretary
        concerned in enforcing railroad safety regulations prescribed
        and orders issued by the Secretary concerned, including the
        number of inspections made of railroad equipment, facilities,
        rolling stock, and operations by the authority during the prior
        12 months; and
          (iv) other information the Secretary concerned requires.

      (2) An annual certification applies to a safety regulation
    prescribed or order issued after the date of the certification only
    if the State authority submits an appropriate certification to
    provide the necessary investigative and surveillance activities.
      (3) If, after receipt of an annual certification, the Secretary
    concerned decides the State authority is not complying
    satisfactorily with the investigative and surveillance activities
    prescribed under subsection (a) of this section, the Secretary
    concerned may reject any part of the certification or take other
    appropriate action to achieve adequate enforcement. The Secretary
    concerned must give the authority notice and an opportunity for a
    hearing before taking action under this paragraph. When the
    Secretary concerned gives notice, the burden of proof is on the
    authority to show that it is complying satisfactorily with the
    investigative and surveillance activities prescribed by the
    Secretary concerned.
      (c) Agreement When Certification Not Received. - (1) If the
    Secretary concerned does not receive an annual certification under
    subsection (a) of this section related to any railroad equipment,
    facility, rolling stock, or operation, the Secretary concerned may
    make an agreement with a State authority for the authority to
    provide any part of the investigative and surveillance activities
    prescribed by the Secretary concerned as necessary to enforce the
    safety regulations and orders applicable to the equipment,
    facility, rolling stock, or operation.
      (2) The Secretary concerned may terminate any part of an
    agreement made under this subsection on finding that the authority
    has not provided every part of the investigative and surveillance
    activities to which the agreement relates. The Secretary concerned
    must give the authority notice and an opportunity for a hearing
    before making such a finding. The finding and termination shall be
    published in the Federal Register and may not become effective for
    at least 15 days after the date of publication.
      (d) Agreement for Investigative and Surveillance Activities. - In
    addition to providing for State participation under this section,
    the Secretary concerned may make an agreement with a State to
    provide investigative and surveillance activities related to the
    duties under chapters 203-213 of this title (in the case of the
    Secretary of Transportation) and duties under section 114 of this
    title (in the case of the Secretary of Homeland Security).
      (e) Payment. - On application by a State authority that has
    submitted a certification under subsections (a) and (b) of this
    section or made an agreement under subsection (c) or (d) of this
    section, the Secretary concerned shall pay not more than 50 percent
    of the cost of the personnel, equipment, and activities of the
    authority needed, during the next fiscal year, to carry out a
    safety program under the certification or agreement. However, the
    Secretary concerned may pay an authority only when the authority
    assures the Secretary concerned that it will provide the remaining
    cost of the safety program and that the total State money expended
    for the safety program, excluding grants of the United States
    Government, will be at least as much as the average amount expended
    for the fiscal years that ended June 30, 1969, and June 30, 1970.
      (f) Monitoring. - The Secretary concerned may monitor State
    investigative and surveillance practices and carry out other
    inspections and investigations necessary to help enforce this
    chapter (in the case of the Secretary of Transportation) and duties
    under section 114 of this title (in the case of the Secretary of
    Homeland Security).
      (g) Definitions. - In this section - 
        (1) the term "safety" includes security; and
        (2) the term "Secretary concerned" means - 
          (A) the Secretary of Transportation, with respect to railroad
        safety matters concerning such Secretary under laws
        administered by that Secretary; and
          (B) the Secretary of Homeland Security, with respect to
        railroad safety matters concerning such Secretary under laws
        administered by that Secretary.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 864; Pub. L.
    107-296, title XVII, Sec. 1710(a), Nov. 25, 2002, 116 Stat. 2319.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20105(a)       45:435(a) (1st          Oct. 16, 1970, Pub. L.       
                    sentence related to     91-458, Sec. 206(a) (1st    
                    authority for State     sentence), (b), (f), 84     
                    participation).         Stat. 972, 973, 974; Nov.   
                                            16, 1990, Pub. L. 101-615,  
                                            Sec. 28(a)(1)-(3), (b), (c),
                                            104 Stat. 3276, 3277.       
    20105(b)       45:435(a) (1st                                       
     (1)(A)         sentence related to                                 
                    contents of                                         
                    certification).                                     
    20105(b)       45:435(b) (1st                                       
     (1)(B)         sentence).                                          
    20105(b)(2)    45:435(f).                                           
    20105(b)(3)    45:435(b) (2d-last                                   
                    sentences).                                         
    20105(c)       45:435(c).              Oct. 16, 1970, Pub. L.       
                                            91-458, Sec. 206(c), (e), 84
                                            Stat. 973, 974.             
    20105(d)       45:435(g).              Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            206(g); added Oct. 10, 1980,
                                            Pub. L. 96-423, Sec. 4(a),  
                                            94 Stat. 1812.              
    20105(e)       45:435(d).              Oct. 16, 1970, Pub. L.       
                                            91-458, Sec. 206(d), 84     
                                            Stat. 974; Oct. 10, 1980,   
                                            Pub. L. 96-423, Sec. 4(b),  
                                            94 Stat. 1812.              
    20105(f)       45:435(e).                                           
    --------------------------------------------------------------------

      In subsection (a), the first sentence is added for clarity.
      In subsection (b)(1)(A)(iii), the words "as necessary for the
    enforcement by him of each rule, regulation, order, and standard
    referred to in paragraph (2) of this subsection, as interpreted by
    the Secretary" are omitted as surplus.
      In subsection (b)(1)(B)(i) and (ii), the words "railroad carrier"
    are substituted for "railroad" because of the definition of
    "railroad carrier" in section 20102 of the revised title.
      In subsection (b)(1)(B)(iii), the words "a detail of" are omitted
    as surplus.
      In subsection (b)(3), the text of 45:435(b) (2d sentence) and the
    words "as he deems", "reasonable", and "with respect to such safety
    rules, regulations, orders, and standards" are omitted as surplus.
      In subsection (c)(1), the word "enforce" is substituted for
    "obtain compliance with" for clarity and consistency in this
    section.
      In subsection (e), the words "out of funds appropriated pursuant
    to this subchapter or otherwise made available", "reasonably", and
    "satisfactory" are omitted as surplus. The words "will be at least
    as much as the average amount expended" are substituted for "will
    be maintained at a level which does not fall below the average
    level of such expenditures" for clarity and to eliminate
    unnecessary words.

                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-296, Sec. 1710(a)(2), substituted
    "the Secretary concerned" for "the Secretary" in second sentence.
      Pub. L. 107-296, Sec. 1710(a)(1), substituted "The Secretary
    concerned" for "The Secretary of Transportation" in first sentence.
      Subsecs. (b), (c). Pub. L. 107-296, Sec. 1710(a)(2), substituted
    "Secretary concerned" for "Secretary" wherever appearing.
      Subsec. (d). Pub. L. 107-296, Sec. 1710(a)(2), (3), substituted
    "Secretary concerned" for "Secretary" and "duties under chapters
    203-213 of this title (in the case of the Secretary of
    Transportation) and duties under section 114 of this title (in the
    case of the Secretary of Homeland Security)" for "Secretary's
    duties under chapters 203-213 of this title".
      Subsec. (e). Pub. L. 107-296, Sec. 1710(a)(2), substituted
    "Secretary concerned" for "Secretary" wherever appearing.
      Subsec. (f). Pub. L. 107-296, Sec. 1710(a)(2), (4), substituted
    "Secretary concerned" for "Secretary" and "chapter (in the case of
    the Secretary of Transportation) and duties under section 114 of
    this title (in the case of the Secretary of Homeland Security)" for
    "chapter".
      Subsec. (g). Pub. L. 107-296, Sec. 1710(a)(5), added subsec. (g).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

-FOOTNOTE-
    (!1) So in original. Probably should be "Secretary concerned".

-End-

-CITE-
    49 USC Sec. 20106                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20106. National uniformity of regulation

-STATUTE-
      Laws, regulations, and orders related to railroad safety and
    laws, regulations, and orders related to railroad security shall be
    nationally uniform to the extent practicable. A State may adopt or
    continue in force a law, regulation, or order related to railroad
    safety or security until the Secretary of Transportation (with
    respect to railroad safety matters), or the Secretary of Homeland
    Security (with respect to railroad security matters), prescribes a
    regulation or issues an order covering the subject matter of the
    State requirement. A State may adopt or continue in force an
    additional or more stringent law, regulation, or order related to
    railroad safety or security when the law, regulation, or order - 
        (1) is necessary to eliminate or reduce an essentially local
      safety or security hazard;
        (2) is not incompatible with a law, regulation, or order of the
      United States Government; and
        (3) does not unreasonably burden interstate commerce.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 866; Pub. L.
    107-296, title XVII, Sec. 1710(c), Nov. 25, 2002, 116 Stat. 2319.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20106          45:434.                 Oct. 16, 1970, Pub. L.       
                                            91-458, Sec. 205, 84 Stat.  
                                            972.                        
    --------------------------------------------------------------------

      In this section, before clause (1), the words "The Congress
    declares that" are omitted as unnecessary. In clause (3), the word
    "unreasonably" is substituted for "undue" for consistency in the
    revised title and with other titles of the United States Code.

                                AMENDMENTS                            
      2002 - Pub. L. 107-296, Sec. 1710(c), in introductory provisions,
    in first sentence inserted "and laws, regulations, and orders
    related to railroad security" after "safety", in second sentence
    substituted "Transportation (with respect to railroad safety
    matters), or the Secretary of Homeland Security (with respect to
    railroad security matters)," for "Transportation", and in second
    and third sentences inserted "or security" after "order related to
    railroad safety".
      Par. (1). Pub. L. 107-296, Sec. 1710(c)(2), inserted "or
    security" after "safety".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

-End-

-CITE-
    49 USC Sec. 20107                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20107. Inspection and investigation

-STATUTE-
      (a) General. - To carry out this part, the Secretary of
    Transportation may take actions the Secretary considers necessary,
    including - 
        (1) conduct investigations, make reports, issue subpenas,
      require the production of documents, take depositions, and
      prescribe recordkeeping and reporting requirements; and
        (2) delegate to a public entity or qualified person the
      inspection, examination, and testing of railroad equipment,
      facilities, rolling stock, operations, and persons.

      (b) Entry and Inspection. - In carrying out this part, an
    officer, employee, or agent of the Secretary, at reasonable times
    and in a reasonable way, may enter and inspect railroad equipment,
    facilities, rolling stock, operations, and relevant records. When
    requested, the officer, employee, or agent shall display proper
    credentials. During an inspection, the officer, employee, or agent
    is an employee of the United States Government under chapter 171 of
    title 28.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 866.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20107(a)       45:437(a) (1st          Oct. 16, 1970, Pub. L.       
                    sentence words          91-458, Sec. 208(a) (1st    
                    before 9th and          sentence words before 9th   
                    after 14th commas).     and after 14th commas), 84  
                                            Stat. 974, 975.             
                   45:437(d)(1) (1st       Oct. 16, 1970, Pub. L.       
                    sentence).              91-458, 84 Stat. 971, Sec.  
                                            208(d)(1) (1st sentence);   
                                            added Oct. 10, 1980, Pub. L.
                                            96-423, Sec. 6(b), 94 Stat. 
                                            1813.                       
    20107(b)       45:437(b).              Oct. 16, 1970, Pub. L.       
                                            91-458, Sec. 208(b), 84     
                                            Stat. 975; restated Nov. 2, 
                                            1978, Pub. L. 95-574, Sec.  
                                            9, 92 Stat. 2462; Oct. 10,  
                                            1980, Pub. L. 96-423, Sec.  
                                            6(a), 94 Stat. 1813.        
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "To carry out
    this part, the Secretary of Transportation may" are substituted for
    "In carrying out his functions under this subchapter, the Secretary
    is authorized to perform . . . to carry out the provisions of this
    subchapter" and "In carrying out the functions formerly vested in
    the Interstate Commerce Commission and transferred to the Secretary
    by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix,
    the Secretary is authorized to perform any act authorized in
    subsection (a) of this section . . . to carry out such transferred
    functions" to eliminate unnecessary words. In clause (2), the word
    "entity" is substituted for "bodies" for consistency in the revised
    title and with other titles of the United States Code.
      In subsection (b), the words "In carrying out this part" are
    substituted for "To carry out the Secretary's responsibilities
    under this subchapter and under the functions transferred by
    section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix" to
    eliminate unnecessary words. The word "way" is substituted for
    "manner" for consistency in the revised title and with other titles
    of the Code. The word "examine" is omitted as being included in
    "inspect". The word "considered" is omitted as surplus.

-End-

-CITE-
    49 USC Sec. 20108                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20108. Research, development, testing, and training

-STATUTE-
      (a) General. - The Secretary of Transportation shall carry out,
    as necessary, research, development, testing, evaluation, and
    training for every area of railroad safety.
      (b) Contracts. - To carry out this part, the Secretary may make
    contracts for, and carry out, research, development, testing,
    evaluation, and training (particularly for those areas of railroad
    safety found to need prompt attention).
      (c) Amounts From Non-Government Sources for Training Safety
    Employees. - The Secretary may request, receive, and expend amounts
    received from non-United States Government sources for expenses
    incurred in training safety employees of private industry, State
    and local authorities, or other public authorities, except State
    rail safety inspectors participating in training under section
    20105 of this title.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 867.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20108(a)       45:431(a) (1st          Oct. 16, 1970, Pub. L.       
                    sentence cl. (2)).      91-458, Secs. 202(a) (1st   
                                            sentence cl. (2)), 208(a)   
                                            (1st sentence words before  
                                            3d comma and between        
                                            9th-14th commas), 84 Stat.  
                                            971, 974.                   
    20108(b)       45:437(a) (1st                                       
                    sentence words                                      
                    before 3d comma and                                 
                    between 9th-14th                                    
                    commas).                                            
                   45:437(d)(1) (1st       Oct. 16, 1970, Pub. L.       
                    sentence).              91-458, 84 Stat. 971, Sec.  
                                            208(d)(1) (1st sentence);   
                                            added Oct. 10, 1980, Pub. L.
                                            96-423, Sec. 6(b), 94 Stat. 
                                            1813.                       
    20108(c)       45:444(a) (last         Oct. 16, 1970, Pub. L.       
                    sentence).              91-458, 84 Stat. 971, Sec.  
                                            214(a) (last sentence);     
                                            added Oct. 10, 1980, Pub. L.
                                            96-423, Sec. 2, 94 Stat.    
                                            1811; Aug. 13, 1981, Pub. L.
                                            97-35, Sec. 1195, 95 Stat.  
                                            702; Jan. 14, 1983, Pub. L. 
                                            97-468, Sec. 703, 96 Stat.  
                                            2580; restated June 22,     
                                            1988, Pub. L. 100-342, Sec. 
                                            2, 102 Stat. 624; Nov. 5,   
                                            1990, Pub. L. 101-508, Sec. 
                                            10501(b), 104 Stat.         
                                            1388-400; restated Sept. 3, 
                                            1992, Pub. L. 102-365, Sec. 
                                            12, 106 Stat. 980.          
    --------------------------------------------------------------------

      In subsection (b), the words "To carry out this part, the
    Secretary may" are substituted for "In carrying out his functions
    under this subchapter, the Secretary is authorized to perform such
    acts including, but not limited to . . . as he deems necessary to
    carry out the provisions of this subchapter" and "In carrying out
    the functions formerly vested in the Interstate Commerce Commission
    and transferred to the Secretary by section 1655(e)(1), (e)(2), and
    (e)(6)(A) of title 49, Appendix, the Secretary is authorized to
    perform any act authorized in subsection (a) of this section that
    he considers necessary to carry out such transferred functions,
    including, but not limited to" to eliminate unnecessary words.

-End-

-CITE-
    49 USC Sec. 20109                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20109. Employee protections

-STATUTE-
      (a) Filing Complaints and Testifying. - A railroad carrier
    engaged in interstate or foreign commerce may not discharge or in
    any way discriminate against an employee because the employee,
    whether acting for the employee or as a representative, has - 
        (1) filed a complaint or brought or caused to be brought a
      proceeding related to the enforcement of this part or, as
      applicable to railroad safety, chapter 51 or 57 of this title; or
        (2) testified or will testify in that proceeding.

      (b) Refusing To Work Because of Hazardous Conditions. - (1) A
    railroad carrier engaged in interstate or foreign commerce may not
    discharge or in any way discriminate against an employee for
    refusing to work when confronted by a hazardous condition related
    to the performance of the employee's duties, if - 
        (A) the refusal is made in good faith and no reasonable
      alternative to the refusal is available to the employee;
        (B) a reasonable individual in the circumstances then
      confronting the employee would conclude that - 
          (i) the hazardous condition presents an imminent danger of
        death or serious injury; and
          (ii) the urgency of the situation does not allow sufficient
        time to eliminate the danger through regular statutory means;
        and

        (C) the employee, where possible, has notified the carrier of
      the hazardous condition and the intention not to perform further
      work unless the condition is corrected immediately.

      (2) This subsection does not apply to security personnel employed
    by a carrier to protect individuals and property transported by
    railroad.
      (c) Dispute Resolution. - A dispute, grievance, or claim arising
    under this section is subject to resolution under section 3 of the
    Railway Labor Act (45 U.S.C. 153). In a proceeding by the National
    Railroad Adjustment Board, a division or delegate of the Board, or
    another board of adjustment established under section 3 to resolve
    the dispute, grievance, or claim, the proceeding shall be expedited
    and the dispute, grievance, or claim shall be resolved not later
    than 180 days after it is filed. If the violation is a form of
    discrimination that does not involve discharge, suspension, or
    another action affecting pay, and no other remedy is available
    under this subsection, the Board, division, delegate, or other
    board of adjustment may award the employee reasonable damages,
    including punitive damages, of not more than $20,000.
      (d) Election of Remedies. - An employee of a railroad carrier may
    not seek protection under both this section and another provision
    of law for the same allegedly unlawful act of the carrier.
      (e) Disclosure of Identity. - (1) Except as provided in paragraph
    (2) of this subsection, or with the written consent of the
    employee, the Secretary of Transportation may not disclose the name
    of an employee of a railroad carrier who has provided information
    about an alleged violation of this part or, as applicable to
    railroad safety, chapter 51 or 57 of this title or a regulation
    prescribed or order issued under any of those provisions.
      (2) The Secretary shall disclose to the Attorney General the name
    of an employee described in paragraph (1) of this subsection if the
    matter is referred to the Attorney General for enforcement.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 867.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20109(a)       45:441(a).              Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            212(a)-(c)(1), (d); added   
                                            Oct. 10, 1980, Pub. L.      
                                            96-423, Sec. 10, 94 Stat.   
                                            1815.                       
                   45:441(e).              Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            212(e); added Oct. 10, 1980,
                                            Pub. L. 96-423, Sec. 10, 94 
                                            Stat. 1815; Sept. 3, 1992,  
                                            Pub. L. 102-365, Sec. 5(b), 
                                            106 Stat. 975.              
    20109(b)       45:441(b).                                           
    20109(c)       45:441(c)(1).                                        
                   45:441(c)(2).           Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            212(c)(2); added Oct. 10,   
                                            1980, Pub. L. 96-423, Sec.  
                                            10, 94 Stat. 1815; restated 
                                            June 22, 1988, Pub. L.      
                                            100-342, Sec. 5(a), 102     
                                            Stat. 627.                  
    20109(d)       45:441(d).                                           
    20109(e)       45:441(e).                                           
                   45:441(f).              Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            212(f); added June 22, 1988,
                                            Pub. L. 100-342, Sec. 5(b), 
                                            102 Stat. 627.              
    --------------------------------------------------------------------

      In subsections (a) and (b), the words "railroad carrier" are
    substituted for "common carrier by railroad" because of the
    definition of "railroad carrier" in section 20102 of the revised
    title.
      In subsection (a)(1), the words "under or" are omitted as
    surplus.
      In subsection (b)(1)(B), before subclause (i), the words "the
    hazardous condition is of such a nature that" are omitted as
    surplus. The word "individual" is substituted for "person" as being
    more appropriate. In subclause (ii), the words "resort to" are
    omitted as surplus.
      In subsection (b)(1)(C), the words "his apprehension of" are
    omitted as surplus.
      In subsection (b)(2), the words "by a carrier . . . transported
    by railroad" are substituted for "by a railroad . . . transported
    by such railroad" for consistency in the revised title.
      Subsection (d) is substituted for 45:441(d) for clarity and to
    eliminate unnecessary words.
      Subsection (e)(2) is substituted for 45:441(f)(2) to eliminate
    unnecessary words.

-End-

-CITE-
    49 USC Sec. 20110                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20110. Effect on employee qualifications and collective
      bargaining

-STATUTE-
      This chapter does not - 
        (1) authorize the Secretary of Transportation to prescribe
      regulations and issue orders related to qualifications of
      employees, except qualifications specifically related to safety;
      or
        (2) prohibit the bargaining representatives of railroad
      carriers and their employees from making collective bargaining
      agreements under the Railway Labor Act (45 U.S.C. 151 et seq.),
      including agreements related to qualifications of employees, that
      are not inconsistent with regulations prescribed and orders
      issued under this chapter.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 868.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20110          45:431(a) (2d, last     Oct. 16, 1970, Pub. L.       
                    sentences).             91-458, Sec. 202(a) (2d,    
                                            last sentences), 84 Stat.   
                                            971.                        
    --------------------------------------------------------------------

      In clause (2), the words "railroad carriers" are substituted for
    "common carriers" for consistency in this part.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railway Labor Act, referred to in par. (2), is act May 20,
    1926, ch. 347, 44 Stat. 577, as amended, which is classified
    principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads.
    For complete classification of this Act to the Code, see section
    151 of Title 45 and Tables.

-End-

-CITE-
    49 USC Sec. 20111                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20111. Enforcement by the Secretary of Transportation

-STATUTE-
      (a) Exclusive Authority. - The Secretary of Transportation has
    exclusive authority - 
        (1) to impose and compromise a civil penalty for a violation of
      a railroad safety regulation prescribed or order issued by the
      Secretary;
        (2) except as provided in section 20113 of this title, to
      request an injunction for a violation of a railroad safety
      regulation prescribed or order issued by the Secretary; and
        (3) to recommend appropriate action be taken under section
      20112(a) of this title.

      (b) Compliance Orders. - The Secretary may issue an order
    directing compliance with this part or with a railroad safety
    regulation prescribed or order issued under this part.
      (c) Orders Prohibiting Individuals From Performing Safety-
    Sensitive Functions. - If an individual's violation of this
    chapter or any of the laws transferred to the jurisdiction of the
    Secretary of Transportation by subsection (e)(1), (2), and (6)(A)
    of section 6 of the Department of Transportation Act, as in effect
    on June 1, 1994, or a regulation prescribed or order issued by the
    Secretary under this chapter is shown to make that individual unfit
    for the performance of safety-sensitive functions, the Secretary,
    after notice and opportunity for a hearing, may issue an order
    prohibiting the individual from performing safety-sensitive
    functions in the railroad industry for a specified period of time
    or until specified conditions are met. This subsection does not
    affect the Secretary's authority under section 20104 of this title
    to act on an emergency basis.
      (d) Regulations Requiring Reporting of Remedial Actions. - (1)
    The Secretary shall prescribe regulations to require that a
    railroad carrier notified by the Secretary that imposition of a
    civil penalty will be recommended for a failure to comply with this
    part, chapter 51 or 57 of this title, or a regulation prescribed or
    order issued under any of those provisions, shall report to the
    Secretary, not later than the 30th day after the end of the month
    in which the notification is received - 
        (A) actions taken to remedy the failure; or
        (B) if appropriate remedial actions cannot be taken by that
      30th day, an explanation of the reasons for the delay.

      (2) The Secretary - 
        (A) not later than June 3, 1993, shall issue a notice of a
      regulatory proceeding for proposed regulations to carry out this
      subsection; and
        (B) not later than September 3, 1994, shall prescribe final
      regulations to carry out this subsection.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 868; Pub. L.
    103-440, title II, Sec. 205, Nov. 2, 1994, 108 Stat. 4620.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20111(a)       45:435(a) (last         Oct. 16, 1970, Pub. L.       
                    sentence).              91-458, Sec. 206(a) (last   
                                            sentence), 84 Stat. 973;    
                                            Nov. 16, 1990, Pub. L.      
                                            101-615, Sec. 28(a)(4), 104 
                                            Stat. 3276.                 
    20111(b)       45:437(a) (2d           Oct. 16, 1970, Pub. L.       
                    sentence).              91-458, 84 Stat. 971, Sec.  
                                            208(a) (2d sentence); added 
                                            Jan. 3, 1975, Pub. L.       
                                            93-633, Sec. 206, 88 Stat.  
                                            2166; June 22, 1988, Pub. L.
                                            100-342, Sec. 8, 102 Stat.  
                                            628.                        
                   45:437(d)(1) (last      Oct. 16, 1970, Pub. L.       
                    sentence).              91-458, 84 Stat. 971, Sec.  
                                            208(d)(1) (last sentence);  
                                            added Oct. 10, 1980, Pub. L.
                                            96-423, Sec. 6(b), 94 Stat. 
                                            1814.                       
    20111(c)       45:438(f).              Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            209(f); added June 22, 1988,
                                            Pub. L. 100-342, Sec.       
                                            3(a)(4), 102 Stat. 625.     
    20111(d)       45:437 (note).          Sept. 3, 1992, Pub. L.       
                                            102-365, Sec. 3, 106 Stat.  
                                            972.                        
    --------------------------------------------------------------------

      In this section, the word "impose" is substituted for "assess"
    for consistency.
      In subsection (b), the word "further" is omitted as surplus.
      In subsection (d), the words "this part, chapter 51 or 57 of this
    title" are substituted for "the Federal railroad safety laws, as
    such term is defined in section 441(e) of this title" because
    45:441(e) is not restated as a definition.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 6 of the Department of Transportation Act, referred to in
    subsec. (c), is section 6 of Pub. L. 89-670, which was classified
    to section 1655 of former Title 49, Transportation. Section 6 was
    repealed and the provisions thereof reenacted in Title 49,
    Transportation, by Pub. L. 103-272, July 5, 1994, 108 Stat. 745.
    For disposition of sections of former Title 49, see Table at the
    beginning of Title 49.

-MISC2-
                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-440 inserted "this chapter or any
    of the laws transferred to the jurisdiction of the Secretary of
    Transportation by subsection (e)(1), (2), and (6)(A) of section 6
    of the Department of Transportation Act, as in effect on June 1,
    1994, or" after "individual's violation of".

-End-

-CITE-
    49 USC Sec. 20112                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20112. Enforcement by the Attorney General

-STATUTE-
      (a) Civil Actions. - At the request of the Secretary of
    Transportation, the Attorney General may bring a civil action in a
    district court of the United States - 
        (1) to enjoin a violation of, or to enforce, a railroad safety
      regulation prescribed or order issued by the Secretary;
        (2) to collect a civil penalty imposed or an amount agreed on
      in compromise under section 21301 of this title; or
        (3) to enforce a subpena issued by the Secretary under this
      chapter.

      (b) Venue. - (1) Except as provided in paragraph (2) of this
    subsection, a civil action under this section may be brought in the
    judicial district in which the violation occurred or the defendant
    has its principal executive office. If an action to collect a
    penalty is against an individual, the action also may be brought in
    the judicial district in which the individual resides.
      (2) A civil action to enforce a subpena issued by the Secretary
    or a compliance order issued under section 20111(b) of this title
    may be brought in the judicial district in which the defendant
    resides, does business, or is found.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 869.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20112(a)       45:437(a) (last         Oct. 16, 1970, Pub. L.       
                    sentence related to     91-458, 84 Stat. 971, Sec.  
                    authority to bring      208(a) (last sentence);     
                    actions).               added June 22, 1988, Pub. L.
                                            100-342, Sec. 8, 102 Stat.  
                                            628.                        
                   45:437(d)(2).           Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            208(d)(2); added Oct. 10,   
                                            1980, Pub. L. 96-423, Sec.  
                                            6(b), 94 Stat. 1814.        
                   45:438(c) (4th          Oct. 16, 1970, Pub. L.       
                    sentence related to     91-458, Sec. 209(c) (4th    
                    authority to bring      sentence), 84 Stat. 975;    
                    actions).               Oct. 10, 1980, Pub. L.      
                                            96-423, Sec. 8(a), 94 Stat. 
                                            1814; June 22, 1988, Pub. L.
                                            100-342, Sec. 3(a)(3)(A),   
                                            (B), 102 Stat. 624.         
                   45:439(a) (related      Oct. 16, 1970, Pub. L.       
                    to actions by           91-458, Sec. 210(a) (related
                    Attorney General).      to actions by Attorney      
                                            General), 84 Stat. 975; Oct.
                                            10, 1980, Pub. L. 96-423,   
                                            Sec. 9(a), 94 Stat. 1814;   
                                            Nov. 16, 1990, Pub. L.      
                                            101-615, Sec. 28(f), 104    
                                            Stat. 3277.                 
    20112(b)(1)    45:438(c) (4th                                       
                    sentence related to                                 
                    venue).                                             
                   45:439(c) (related      Oct. 16, 1970, Pub. L.       
                    to actions by           91-458, 84 Stat. 971, Sec.  
                    Attorney General).      210(c) (related to actions  
                                            by Attorney General); added 
                                            Oct. 10, 1980, Pub. L.      
                                            96-423, Sec. 9(b), 94 Stat. 
                                            1815.                       
    20112(b)(2)    45:437(a) (last                                      
                    sentence related to                                 
                    venue).                                             
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "At the request
    of the Secretary of Transportation" are substituted for "at the
    request of the Secretary" in 45:439(a), and are made applicable to
    all of the source provisions restated in this subsection, for
    clarity and consistency. The words "at the request of the
    Secretary" in 45:439(a) are interpreted and restated to mean that
    the Secretary's request is to the Attorney General rather than to
    the district court. See H.R. Rept. No. 91-1194, 91st Cong., 2d
    Sess., p. 20 (1970). The words "the Attorney General may bring a
    civil action in a district court of the United States" are
    substituted for "such district court shall have jurisdiction, upon
    petition by the Attorney General" in 45:437(a) (last sentence),
    "The district courts of the United States shall have jurisdiction,
    upon petition by the Attorney General" in 45:437(d)(2), and "The
    United States district court shall . . . upon petition by the
    Attorney General on behalf of the United States . . . have
    jurisdiction" in 45:439(a) for clarity and consistency. It is not
    necessary to restate that the district court has jurisdiction
    because of 28:1331 and 1345. See also the statement of Senator
    Prouty in 115 Cong. Rec. 40205 (1969) explaining that similar
    language in section 110 of S. 1933, 91st Cong., 1st Sess. (the
    derivative source for 45:439) would grant the Attorney General the
    power to seek injunctions. Clauses (1)-(3) are substituted for the
    source provisions to eliminate unnecessary words. In clause (1),
    the words "subject to the provisions of rules 65(a) and (b) of the
    Federal Rules of Civil Procedure" in 45:439(a) are omitted as
    surplus because the Federal Rules of Civil Procedure (28 App.
    U.S.C.) apply in the district court unless otherwise provided. In
    clause (2), the words "or an amount agreed on in compromise" are
    added for clarity.
      In subsection (b)(1), the text of 45:439(c) (words before 1st
    comma) is omitted because it applies only to actions brought by a
    State authority. See discussion of the cross-reference in the note
    for section 20113(c) of the revised title. The last sentence is
    substituted for "in which the individual resides" in 45:438(c)
    because of the restatement.
      In subsection (b)(2), the words "compliance order issued under
    section 20111(b) of this title" are substituted for "order, or
    directive" because the latter words are interpreted as referring to
    "orders directing compliance" in 45:437(a) (2d sentence), restated
    in section 20111(b).

-End-

-CITE-
    49 USC Sec. 20113                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20113. Enforcement by the States

-STATUTE-
      (a) Injunctive Relief. - If the Secretary of Transportation does
    not begin a civil action under section 20112 of this title to
    enjoin the violation of a railroad safety regulation prescribed or
    order issued by the Secretary not later than 15 days after the date
    the Secretary receives notice of the violation and a request from a
    State authority participating in investigative and surveillance
    activities under section 20105 of this title that the action be
    brought, the authority may bring a civil action in a district court
    of the United States to enjoin the violation. This subsection does
    not apply if the Secretary makes an affirmative written finding
    that the violation did not occur or that the action is not
    necessary because of other enforcement action taken by the
    Secretary related to the violation.
      (b) Imposition and Collection of Civil Penalties. - If the
    Secretary does not impose the applicable civil penalty for a
    violation of a railroad safety regulation prescribed or order
    issued by the Secretary not later than 60 days after the date of
    receiving notice from a State authority participating in
    investigative and surveillance activities under section 20105 of
    this title, the authority may bring a civil action in a district
    court of the United States to impose and collect the penalty. This
    paragraph does not apply if the Secretary makes an affirmative
    written finding that the violation did not occur.
      (c) Venue. - A civil action under this section may be brought in
    the judicial district in which the violation occurred or the
    defendant has its principal executive office. However, a State
    authority may not bring an action under this section outside the
    State.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 869.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20113(a)       45:436(b)(1)            Oct. 16, 1970, Pub. L.       
                    (related to             91-458, Sec. 207(b), (c), 84
                    authority to bring      Stat. 974; Nov. 2, 1978,    
                    actions), (2).          Pub. L. 95-574, Sec. 8, 92  
                                            Stat. 2461; restated Oct.   
                                            10, 1980, Pub. L. 96-423,   
                                            Sec. 5, 94 Stat. 1812.      
                   45:439(a) (related      Oct. 16, 1970, Pub. L.       
                    to actions by           91-458, Sec. 210(a) (related
                    States).                to actions by States), 84   
                                            Stat. 975; Oct. 10, 1980,   
                                            Pub. L. 96-423, Sec. 9(a),  
                                            94 Stat. 1814; Nov. 16,     
                                            1990, Pub. L. 101-615, Sec. 
                                            28(f), 104 Stat. 3277.      
    20113(b)       45:436(a)(1)            Oct. 16, 1970, Pub. L.       
                    (related to             91-458, Sec. 207(a), 84     
                    authority to bring      Stat. 974; Nov. 2, 1978,    
                    actions), (2).          Pub. L. 95-574, Sec. 8, 92  
                                            Stat. 2461; restated Oct.   
                                            10, 1980, Pub. L. 96-423,   
                                            Sec. 5, 94 Stat. 1812; Nov. 
                                            16, 1990, Pub. L. 101-615,  
                                            Sec. 28(e), 104 Stat. 3277. 
    20113(c)       45:436(a)(1)                                         
                    (related to venue),                                 
                    (b)(1) (related to                                  
                    venue), (c).                                        
                   45:439(c) (related      Oct. 16, 1970, Pub. L.       
                    to actions by           91-458, 84 Stat. 971, Sec.  
                    States).                210(c) (related to actions  
                                            by States); added Oct. 10,  
                                            1980, Pub. L. 96-423, Sec.  
                                            9(b), 94 Stat. 1815.        
    --------------------------------------------------------------------

      In subsection (a), the language about jurisdiction in 45:439(a)
    (related to actions by States) is omitted for the reasons explained
    in the revision note for section 20112(a) of the revised title.
      In subsection (b), the word "impose" is substituted for "assess"
    for consistency. The words "the authority may bring a civil action
    in an appropriate district court of the United States" are
    substituted for "agency may apply to the United States district
    court" for consistency in the revised title and with other titles
    of the United States Code. The words "included in or made
    applicable to such rule, regulation, order, or standard" are
    omitted as surplus.
      In subsection (c), the reference to "section 207(d)" in section
    210(c) of the Federal Railroad Safety Act of 1970 (Public Law 91-
    458, 84 Stat. 971), as added by section 9(b) of the Federal
    Railroad Safety Authorization Act of 1980 (Public Law 96-423, 94
    Stat. 1815), is assumed to have been intended as a reference to
    section 207(c). The Federal Railroad Safety Authorization Act of
    1980 was derived from S. 2730, which in turn was derived from H.R.
    7104. See 126 Cong. Rec. 26535 (1980). Section 207(d) in an earlier
    version of H.R. 7104 was redesignated as section 207(c) during the
    legislative process and no section 207(d) was enacted. See H.R.
    Rept. No. 96-1025, 96th Cong., 2d Sess., pp. 14, 15 (1980).

-End-

-CITE-
    49 USC Sec. 20114                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20114. Judicial procedures

-STATUTE-
      (a) Criminal Contempt. - In a trial for criminal contempt for
    violating an injunction or restraining order issued under this
    chapter, the violation of which is also a violation of this
    chapter, the defendant may demand a jury trial. The defendant shall
    be tried as provided in rule 42(b) of the Federal Rules of Criminal
    Procedure (18 App. U.S.C.).
      (b) Subpenas For Witnesses. - A subpena for a witness required to
    attend a district court of the United States in an action brought
    under this chapter may be served in any judicial district.
      (c) Review of Agency Action. - Except as provided in section
    20104(c) of this title, a proceeding to review a final action of
    the Secretary of Transportation under this part or, as applicable
    to railroad safety, chapter 51 or 57 of this title shall be brought
    in the appropriate court of appeals as provided in chapter 158 of
    title 28.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 870.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20114(a)       45:439(b).              Oct. 16, 1970, Pub. L.       
                                            91-458, Secs. 209(d),       
                                            210(b), 84 Stat. 975, 976.  
    20114(b)       45:438(d).                                           
    20114(c)       45:431(f).              Oct. 16, 1970, Pub. L.       
                                            91-458, Sec. 202(f), 84     
                                            Stat. 972; restated Sept. 3,
                                            1992, Pub. L. 102-365, Sec. 
                                            5(a)(1), 106 Stat. 975.     
    --------------------------------------------------------------------

      In subsection (a), the words "the defendant may demand a jury
    trial" are substituted for "trial shall be by the court, or, upon
    demand of the accused, by a jury" to eliminate unnecessary words
    and for consistency in the revised title.
      In subsection (b), the words "may be served in any judicial
    district" are substituted for "may run into any other district" for
    clarity.
      In subsection (c), the words "a final action of the Secretary"
    are substituted for "Any final agency action taken by the
    Secretary" to eliminate unnecessary words. The words "this part or,
    as applicable to railroad safety, chapter 51 or 57 of this title"
    are substituted for "this subchapter or under any of the other
    Federal railroad safety laws, as defined in section 441(e) of this
    title" because of the restatement. The words "is subject to
    judicial review as provided in chapter 7 of title 5" are omitted as
    unnecessary because 5:ch. 7 applies unless otherwise stated. The
    words "by and in the manner prescribed" are omitted as surplus.

-End-

-CITE-
    49 USC Sec. 20115                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20115. User fees

-STATUTE-
      (a) Schedule of Fees. - The Secretary of Transportation shall
    prescribe by regulation a schedule of fees for railroad carriers
    subject to this chapter. The fees - 
        (1) shall cover the costs of carrying out this chapter (except
      section 20108(a));
        (2) shall be imposed fairly on the railroad carriers, in
      reasonable relationship to an appropriate combination of criteria
      such as revenue ton-miles, track miles, passenger miles, or other
      relevant factors; and
        (3) may not be based on that part of industry revenues
      attributable to a railroad carrier or class of railroad carriers.

      (b) Collection Procedures. - The Secretary shall prescribe
    procedures to collect the fees. The Secretary may use the services
    of a department, agency, or instrumentality of the United States
    Government or of a State or local authority to collect the fees,
    and may reimburse the department, agency, or instrumentality a
    reasonable amount for its services.
      (c) Collection, Deposit, and Use. - (1) The Secretary shall
    impose and collect fees under this section for each fiscal year
    before the end of the fiscal year.
      (2) Fees collected under this section shall be deposited in the
    general fund of the Treasury as offsetting receipts. The fees may
    be used, to the extent provided in advance in an appropriation law,
    only to carry out this chapter.
      (3) Fees prescribed under this section shall be imposed in an
    amount sufficient to pay for the costs of activities under this
    chapter. However, the total fees received for a fiscal year may not
    be more than 105 percent of the total amount of the appropriations
    for the fiscal year for activities to be financed by the fees.
      (d) Annual Report. - (1) Not later than 90 days after the end of
    each fiscal year in which fees are collected under this section,
    the Secretary shall report to Congress on - 
        (A) the amount of fees collected during that fiscal year;
        (B) the impact of the fees on the financial health of the
      railroad industry and its competitive position relative to each
      competing mode of transportation; and
        (C) the total cost of Government safety activities for each
      other competing mode of transportation, including any part of
      that total cost defrayed by Government user fees.

      (2) Not later than 90 days after submitting a report for a fiscal
    year, the Secretary shall submit to Congress recommendations for
    corrective legislation if the report includes a finding that - 
        (A) there has been an impact from the fees on the financial
      health of the railroad industry or its competitive position
      relative to each competing mode of transportation; or
        (B) there is a significant difference in the burden of
      Government user fees on the railroad industry and other competing
      modes of transportation.

      (e) Expiration. - This section expires on September 30, 1995.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 870.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20115(a)       45:447(a)(1), (3).      Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            216; added Nov. 5, 1990,    
                                            Pub. L. 101-508, Sec.       
                                            10501(a), 104 Stat. 1388-399.
    20115(b)       45:447(a)(2).                                        
    20115(c)       45:447(b)-(d).                                       
    20115(d)       45:447(e).                                           
    20115(e)       45:447(f).                                           
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "after notice and
    comment" are omitted as unnecessary because of 5:553.
      In subsection (c), the words "beginning on March 1, 1991" are
    omitted as obsolete.

-End-

-CITE-
    49 USC Sec. 20116                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    [Sec. 20116. Repealed. Pub. L. 104-66, title I, Sec. 1121(g)(1),
      Dec. 21, 1995, 109 Stat. 724]

-MISC1-
      Section, added Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108
    Stat. 871; amended Pub. L. 103-440, title II, Sec. 206(a), Nov. 2,
    1994, 108 Stat. 4620, related to biennial safety reports.

-End-

-CITE-
    49 USC Sec. 20117                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 20117. Authorization of appropriations

-STATUTE-
      (a) General. - (1) Not more than the following amounts may be
    appropriated to the Secretary of Transportation to carry out this
    chapter:
        (A) $68,283,000 for the fiscal year ending September 30, 1993.
        (B) $71,690,000 for the fiscal year ending September 30, 1994.
        (C) $68,289,000 for fiscal year 1995.
        (D) $75,112,000 for fiscal year 1996.
        (E) $82,563,000 for fiscal year 1997.
        (F) $90,739,000 for fiscal year 1998.

      (2) Not more than $5,000,000 may be appropriated to the Secretary
    for the fiscal year ending September 30, 1993, to carry out section
    20105 of this title.
      (b) Grade Crossing Safety. - Not more than $1,000,000 may be
    appropriated to the Secretary for improvements in grade crossing
    safety, except demonstration projects under section 20134(c) of
    this title. Amounts appropriated under this subsection remain
    available until expended.
      (c) Research and Development, Automated Track Inspection, and
    State Participation Grants. - Amounts appropriated under this
    section for research and development, automated track inspection,
    and grants under section 20105(e) of this title remain available
    until expended.
      (d) Minimum Available for Certain Purposes. - At least 50 percent
    of the amounts appropriated to the Secretary for a fiscal year to
    carry out railroad research and development programs under this
    chapter or another law shall be available for safety research,
    improved track inspection and information acquisition technology,
    improved railroad freight transportation, and improved railroad
    passenger systems.
      (e) Operation Lifesaver. - In addition to amounts otherwise
    authorized by law, there are authorized to be appropriated for
    railroad research and development $300,000 for fiscal year 1995,
    $500,000 for fiscal year 1996, and $750,000 for fiscal year 1997,
    to support Operation Lifesaver, Inc.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 872; Pub. L.
    103-440, title II, Secs. 202, 218, Nov. 2, 1994, 108 Stat. 4619,
    4625.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20117(a)(1)    45:444(a) (1st          Oct. 16, 1970, Pub. L.       
                    sentence).              91-458, 84 Stat. 971, Sec.  
                                            214(a) (1st sentence); added
                                            Oct. 10, 1980, Pub. L.      
                                            96-423, Sec. 2, 94 Stat.    
                                            1811; Aug. 13, 1981, Pub. L.
                                            97-35, Sec. 1195, 95 Stat.  
                                            702; Jan. 14, 1983, Pub. L. 
                                            97-468, Sec. 703, 96 Stat.  
                                            2580; restated June 22,     
                                            1988, Pub. L. 100-342, Sec. 
                                            2, 102 Stat. 624; Nov. 5,   
                                            1990, Pub. L. 101-508, Sec. 
                                            10501(b), 104 Stat.         
                                            1388-400; restated Sept. 3, 
                                            1992, Pub. L. 102-365, Sec. 
                                            12, 106 Stat. 980.          
    20117(a)(2)    45:435(h).              Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            206(h); Nov. 16, 1990, Pub. 
                                            L. 101-615, Sec. 28(d), 104 
                                            Stat. 3277.                 
    20117(b)       45:445(c).              Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            215(c); added June 22, 1988,
                                            Pub. L. 100-342, Sec. 20,   
                                            102 Stat. 638.              
    20117(c)       45:444(b).              Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            214(b); added Oct. 10, 1980,
                                            Pub. L. 96-423, Sec. 2, 94  
                                            Stat. 1811; Jan. 14, 1983,  
                                            Pub. L. 97-468, Sec. 703, 96
                                            Stat. 2580; restated June   
                                            22, 1988, Pub. L. 100-342,  
                                            Sec. 2, 102 Stat. 624.      
    20117(d)       45:442.                 Nov. 2, 1978, Pub. L.        
                                            95-574, Sec. 3, 92 Stat.    
                                            2459.                       
    --------------------------------------------------------------------

      In subsection (a), references to fiscal years prior to 1993 are
    omitted as obsolete.

                                AMENDMENTS                            
      1994 - Subsec. (a)(1)(C) to (F). Pub. L. 103-440, Sec. 202, added
    subpars. (C) to (F).
      Subsec. (e). Pub. L. 103-440, Sec. 218, added subsec. (e).

-End-

-CITE-
    49 USC SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY         01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
               SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY           

-End-

-CITE-
    49 USC Sec. 20131                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20131. Restricted access to rolling equipment

-STATUTE-
      The Secretary of Transportation shall prescribe regulations and
    issue orders that may be necessary to require that when railroad
    carrier employees (except train or yard crews) assigned to inspect,
    test, repair, or service rolling equipment have to work on, under,
    or between that equipment, every manually operated switch,
    including each crossover switch, providing access to the track on
    which the equipment is located is lined against movement to that
    track and secured by an effective locking device that can be
    removed only by the class or craft of employees performing the
    inspection, testing, repair, or service.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 872.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20131          45:431(g) (1st          Oct. 16, 1970, Pub. L.       
                    sentence cl. (1)).      91-458, 84 Stat. 971, Sec.  
                                            202(g) (1st sentence cl.    
                                            (1)); added July 8, 1976,   
                                            Pub. L. 94-348, Sec. 5(b),  
                                            90 Stat. 820.               
    --------------------------------------------------------------------

      The words "within 180 days after July 8, 1976" are omitted as
    expired.

-End-

-CITE-
    49 USC Sec. 20132                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20132. Visible markers for rear cars

-STATUTE-
      (a) General. - The Secretary of Transportation shall prescribe
    regulations and issue orders that may be necessary to require that -
     
        (1) the rear car of each passenger and commuter train has at
      least one highly visible marker that is lighted during darkness
      and when weather conditions restrict clear visibility; and
        (2) the rear car of each freight train has highly visible
      markers during darkness and when weather conditions restrict
      clear visibility.

      (b) Preemption. - Notwithstanding section 20106 of this title,
    subsection (a) of this section does not prohibit a State from
    continuing in force a law, regulation, or order in effect on July
    8, 1976, related to lighted markers on the rear car of a freight
    train except to the extent it would cause the car to be in
    violation of this section.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 873.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20132(a)       45:431(g) (1st          Oct. 16, 1970, Pub. L.       
                    sentence cls. (2),      91-458, 84 Stat. 971, Sec.  
                    (3)).                   202(g) (1st sentence cls.   
                                            (2), (3), last sentence);   
                                            added July 8, 1976, Pub. L. 
                                            94-348, Sec. 5(b), 90 Stat. 
                                            820.                        
    20132(b)       45:431(g) (last                                      
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (a), before clause (1), the words "within 180 days
    after July 8, 1976" are omitted as expired.

-End-

-CITE-
    49 USC Sec. 20133                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20133. Passenger cars

-STATUTE-
      (a) Minimum Standards. - The Secretary of Transportation shall
    prescribe regulations establishing minimum standards for the safety
    of cars used by railroad carriers to transport passengers. Before
    prescribing such regulations, the Secretary shall consider - 
        (1) the crashworthiness of the cars;
        (2) interior features (including luggage restraints, seat
      belts, and exposed surfaces) that may affect passenger safety;
        (3) maintenance and inspection of the cars;
        (4) emergency response procedures and equipment; and
        (5) any operating rules and conditions that directly affect
      safety not otherwise governed by regulations.

    The Secretary may make applicable some or all of the standards
    established under this subsection to cars existing at the time the
    regulations are prescribed, as well as to new cars, and the
    Secretary shall explain in the rulemaking document the basis for
    making such standards applicable to existing cars.
      (b) Initial and Final Regulations. - (1) The Secretary shall
    prescribe initial regulations under subsection (a) within 3 years
    after November 2, 1994. The initial regulations may exempt
    equipment used by tourist, historic, scenic, and excursion railroad
    carriers to transport passengers.
      (2) The Secretary shall prescribe final regulations under
    subsection (a) within 5 years after November 2, 1994.
      (c) Personnel. - The Secretary may establish within the
    Department of Transportation 2 additional full-time equivalent
    positions beyond the number permitted under existing law to assist
    with the drafting, prescribing, and implementation of regulations
    under this section.
      (d) Consultation. - In prescribing regulations, issuing orders,
    and making amendments under this section, the Secretary may consult
    with Amtrak, public authorities operating railroad passenger
    service, other railroad carriers transporting passengers,
    organizations of passengers, and organizations of employees. A
    consultation is not subject to the Federal Advisory Committee Act
    (5 U.S.C. App.), but minutes of the consultation shall be placed in
    the public docket of the regulatory proceeding.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 873; Pub. L.
    103-440, title II, Sec. 215(a), Nov. 2, 1994, 108 Stat. 4623; Pub.
    L. 104-287, Sec. 5(47), Oct. 11, 1996, 110 Stat. 3393.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20133(a)       45:431(h)(1)(A)         Oct. 16, 1970, Pub. L.       
                    (1st, last              91-458, 84 Stat. 971, Sec.  
                    sentences), (B),        202(h); added Oct. 10, 1980,
                    (4).                    Pub. L. 96-423, Sec. 14, 94 
                                            Stat. 1817; Jan. 14, 1983,  
                                            Pub. L. 97-468, Sec. 702(a),
                                            96 Stat. 2579.              
    20133(b)       45:431(h)(1)(A)                                      
                    (2d, 3d sentences),                                 
                    (2).                                                
    20133(c)       45:431(h)(3).                                        
    --------------------------------------------------------------------

      In subsection (a), the words "within one year after January 14,
    1983" and "initial" are omitted as obsolete. The text of
    45:431(h)(1)(B) is omitted as executed. The words "after a hearing
    in accordance with subsection (b) of this section" are omitted as
    surplus because of section 20103(e) of the revised title.
      In subsections (b) and (c), the word "subsequent" is omitted as
    surplus.
      In subsection (c), the word "Amtrak" is substituted for "National
    Railroad Passenger Corporation" for consistency in this subtitle.
    The word "regulatory" is substituted for "rulemaking" for
    consistency in the revised title.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in subsec. (d),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5, Government Organization and
    Employees.

-MISC2-
                                AMENDMENTS                            
      1996 - Subsec. (b)(1). Pub. L. 104-287, Sec. 5(47)(A),
    substituted "November 2, 1994" for "the date of enactment of the
    Federal Railroad Safety Authorization Act of 1994".
      Subsec. (b)(2). Pub. L. 104-287, Sec. 5(47)(B), substituted
    "November 2, 1994" for "such date of enactment".
      1994 - Pub. L. 103-440 amended section generally, substituting
    present provisions for provisions requiring the Secretary to take
    administrative action to ensure that the construction, operation,
    and maintenance of passenger rail equipment maximize the safety of
    passengers, and providing for areas of consideration and
    concentration, as well as consultation with Amtrak.

-End-

-CITE-
    49 USC Sec. 20134                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20134. Grade crossings and railroad rights of way

-STATUTE-
      (a) General. - To the extent practicable, the Secretary of
    Transportation shall maintain a coordinated effort to develop and
    carry out solutions to the railroad grade crossing problem and
    measures to protect pedestrians in densely populated areas along
    railroad rights of way. To carry out this subsection, the Secretary
    may use the authority of the Secretary under this chapter and over
    highway, traffic, and motor vehicle safety and over highway
    construction.
      (b) Signal Systems and Other Devices. - Not later than June 22,
    1989, the Secretary shall prescribe regulations and issue orders to
    ensure the safe maintenance, inspection, and testing of signal
    systems and devices at railroad highway grade crossings.
      (c) Demonstration Projects. - (1) The Secretary shall establish
    demonstration projects to evaluate whether accidents and incidents
    involving trains would be reduced by - 
        (A) reflective markers installed on the road surface or on a
      signal post at railroad grade crossings;
        (B) stop signs or yield signs installed at grade crossings; and
        (C) speed bumps or rumble strips installed on the road surfaces
      at the approaches to grade crossings.

      (2) Not later than June 22, 1990, the Secretary shall submit a
    report on the results of the demonstration projects to the
    Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 873; Pub. L.
    104-287, Sec. 5(48), Oct. 11, 1996, 110 Stat. 3393.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20134(a)       45:433(b).              Oct. 16, 1970, Pub. L.       
                                            91-458, Sec. 204(b), 84     
                                            Stat. 972.                  
    20134(b)       45:431(q).              Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Secs. 
                                            202(q), 215(a), (b); added  
                                            June 22, 1988, Pub. L.      
                                            100-342, Secs. 20, 23, 102  
                                            Stat. 638, 639; Sept. 3,    
                                            1992, Pub. L. 102-365, Sec. 
                                            2(4), 106 Stat. 972.        
    20134(c)       45:445(a), (b).                                      
    --------------------------------------------------------------------

      In subsection (a), the words "In addition" are omitted as
    surplus. The word "maintain" is substituted for "undertake" for
    clarity because the effort has begun. The words "the objective of"
    are omitted as surplus. The words "To carry out this section, the
    Secretary may use" are added for clarity.
      In subsection (b), the words "Not later than June 22, 1989" are
    substituted for "within one year after June 22, 1988" for clarity.
      In subsection (c)(1), before clause (A), and (2), the word
    "Secretary" is substituted for "Federal Railroad Administration"
    for clarity and consistency in the revised title. In this
    restatement, the Secretary of Transportation carries out all laws.
    However, this subsection is based on source provisions that provide
    that the Federal Railroad Administration carries out the
    subsection. A cross-reference to this subsection has been included
    in 49:103 to preserve duties and powers under this subsection to
    the Administrator of the Federal Railroad Administration.
      In subsection (c)(1), before clause (A), the words "and
    incidents" are added for consistency in this part.

                                AMENDMENTS                            
      1996 - Subsec. (c)(2). Pub. L. 104-287 substituted "Committee on
    Transportation and Infrastructure" for "Committee on Energy and
    Commerce".

-End-

-CITE-
    49 USC Sec. 20135                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20135. Licensing or certification of locomotive operators

-STATUTE-
      (a) General. - The Secretary of Transportation shall prescribe
    regulations and issue orders to establish a program requiring the
    licensing or certification, after one year after the program is
    established, of any operator of a locomotive.
      (b) Program Requirements. - The program established under
    subsection (a) of this section - 
        (1) shall be carried out through review and approval of each
      railroad carrier's operator qualification standards;
        (2) shall provide minimum training requirements;
        (3) shall require comprehensive knowledge of applicable
      railroad carrier operating practices and rules;
        (4) except as provided in subsection (c)(1) of this section,
      shall require consideration, to the extent the information is
      available, of the motor vehicle driving record of each individual
      seeking licensing or certification, including - 
          (A) any denial, cancellation, revocation, or suspension of a
        motor vehicle operator's license by a State for cause within
        the prior 5 years; and
          (B) any conviction within the prior 5 years of an offense
        described in section 30304(a)(3)(A) or (B) of this title;

        (5) may require, based on the individual's driving record,
      disqualification or the granting of a license or certification
      conditioned on requirements the Secretary prescribes; and
        (6) shall require an individual seeking a license or
      certification - 
          (A) to request the chief driver licensing official of each
        State in which the individual has held a motor vehicle
        operator's license within the prior 5 years to provide
        information about the individual's driving record to the
        individual's employer, prospective employer, or the Secretary,
        as the Secretary requires; and
          (B) to make the request provided for in section 30305(b)(4)
        of this title for information to be sent to the individual's
        employer, prospective employer, or the Secretary, as the
        Secretary requires.

      (c) Waivers. - (1) The Secretary shall prescribe standards and
    establish procedures for waiving subsection (b)(4) of this section
    for an individual or class of individuals who the Secretary decides
    are not currently unfit to operate a locomotive. However, the
    Secretary may waive subsection (b)(4) for an individual or class of
    individuals with a conviction, cancellation, revocation, or
    suspension described in paragraph (2)(A) or (B) of this subsection
    only if the individual or class, after the conviction,
    cancellation, revocation, or suspension, successfully completes a
    rehabilitation program established by a railroad carrier or
    approved by the Secretary.
      (2) If an individual, after the conviction, cancellation,
    revocation, or suspension, successfully completes a rehabilitation
    program established by a railroad carrier or approved by the
    Secretary, the individual may not be denied a license or
    certification under subsection (b)(4) of this section because of - 
        (A) a conviction for operating a motor vehicle when under the
      influence of, or impaired by, alcohol or a controlled substance;
      or
        (B) the cancellation, revocation, or suspension of the
      individual's motor vehicle operator's license for operating a
      motor vehicle when under the influence of, or impaired by,
      alcohol or a controlled substance.

      (d) Opportunity for Hearing. - An individual denied a license or
    certification or whose license or certification is conditioned on
    requirements prescribed under subsection (b)(4) of this section
    shall be entitled to a hearing under section 20103(e) of this title
    to decide whether the license has been properly denied or
    conditioned.
      (e) Opportunity to Examine and Comment on Information. - The
    Secretary, employer, or prospective employer, as appropriate, shall
    make information obtained under subsection (b)(6) of this section
    available to the individual. The individual shall be given an
    opportunity to comment in writing about the information. Any
    comment shall be included in any record or file maintained by the
    Secretary, employer, or prospective employer that contains
    information to which the comment is related.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 874.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20135(a)       45:431(i)(1).           Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            202(i); added June 22, 1988,
                                            Pub. L. 100-342, Secs. 4(a),
                                            7(b), 102 Stat. 625, 628;   
                                            Sept. 3, 1992, Pub. L.      
                                            102-365, Sec. 2(1), 106     
                                            Stat. 972.                  
    20135(b)       45:431(i)(2).                                        
    20135(c)(1)    45:431(i)(4).                                        
    20135(c)(2)    45:431(i)(6).                                        
    20135(d)       45:431(i)(5).                                        
    20135(e)       45:431(i)(3).                                        
    --------------------------------------------------------------------

      In subsection (a), the words "within 12 months after June 22,
    1988" are omitted as executed. The words "including any locomotive
    engineer" are omitted as surplus. The words "after one year after"
    are substituted for "after the expiration of 12 months following"
    to eliminate unnecessary words.
      In subsection (b)(5), the word "requirements" is substituted for
    "terms" for consistency in this section.
      In subsection (c)(1), the words "In establishing the program
    under this subsection" are omitted as surplus.

-End-

-CITE-
    49 USC Sec. 20136                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20136. Automatic train control and related systems

-STATUTE-
      The Secretary of Transportation shall prescribe regulations and
    issue orders to require that - 
        (1) an individual performing a test of an automatic train stop,
      train control, or cab signal apparatus required by the Secretary
      to be performed before entering territory where the apparatus
      will be used shall certify in writing that the test was performed
      properly; and
        (2) the certification required under clause (1) of this section
      shall be maintained in the same way and place as the daily
      inspection report for the locomotive.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 875; Pub. L.
    103-429, Sec. 6(19), Oct. 31, 1994, 108 Stat. 4379.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
                              PUB. L. 103-272                          
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20136          45:431(j).              Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            202(j); added June 22, 1988,
                                            Pub. L. 100-342, Sec. 9, 102
                                            Stat. 628.                  
    --------------------------------------------------------------------

      The words "Within 90 days after June 22, 1988" are omitted as
    expired.

                              PUB. L. 103-429                          
      This amends 49:20136(2) to correct an error in the codification
    enacted by section 1 of the Act of July 5, 1994 (Public Law 103-
    272, 108 Stat. 875).

                                AMENDMENTS                            
      1994 - Par. (2). Pub. L. 103-429 substituted "section" for
    "subsection".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-429 effective July 5, 1994, see section
    9 of Pub. L. 103-429, set out as a note under section 321 of this
    title.

-End-

-CITE-
    49 USC Sec. 20137                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20137. Event recorders

-STATUTE-
      (a) Definition. - In this section, "event recorder" means a
    device that - 
        (1) records train speed, hot box detection, throttle position,
      brake application, brake operations, and any other function the
      Secretary of Transportation considers necessary to record to
      assist in monitoring the safety of train operation, such as time
      and signal indication; and
        (2) is designed to resist tampering.

      (b) Regulations and Orders. - Not later than December 22, 1989,
    the Secretary shall prescribe regulations and issue orders that may
    be necessary to enhance safety by requiring that a train be
    equipped with an event recorder not later than one year after the
    regulations are prescribed and the orders are issued. However, if
    the Secretary finds it is impracticable to equip trains within that
    one-year period, the Secretary may extend the period to a date that
    is not later than 18 months after the regulations are prescribed
    and the orders are issued.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 875.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20137          45:431(m).              Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            202(m); added June 22, 1988,
                                            Pub. L. 100-342, Sec. 10,   
                                            102 Stat. 629.              
    --------------------------------------------------------------------

      In subsection (b), the words "Not later than December 22, 1989"
    are substituted for "within 18 months after June 22, 1988" for
    clarity. The words "may extend the period to a date that is not
    later than 18 months after the regulations are prescribed and the
    orders are issued" are substituted for "may extend the deadline for
    compliance with such requirement, but in no event shall such
    deadline be extended past 18 months after such rules, regulations,
    orders, and standards are issued" to eliminate unnecessary words.

-End-

-CITE-
    49 USC Sec. 20138                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20138. Tampering with safety and operational monitoring
      devices

-STATUTE-
      (a) General. - The Secretary of Transportation shall prescribe
    regulations and issue orders to prohibit the willful tampering
    with, or disabling of, any specified railroad safety or operational
    monitoring device.
      (b) Penalties. - (1) A railroad carrier operating a train on
    which a safety or operational monitoring device is tampered with or
    disabled in violation of a regulation prescribed or order issued
    under subsection (a) of this section is liable to the United States
    Government for a civil penalty under section 21301 of this title.
      (2) An individual tampering with or disabling a safety or
    operational monitoring device in violation of a regulation
    prescribed or order issued under subsection (a) of this section, or
    knowingly operating or allowing to be operated a train on which
    such a device has been tampered with or disabled, is liable for
    penalties established by the Secretary. The penalties may include -
    
        (A) a civil penalty under section 21301 of this title;
        (B) suspension from work; and
        (C) suspension or loss of a license or certification issued
      under section 20135 of this title.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 876.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20138          45:431(o).              Oct 16, 1970, Pub. L.        
                                            91-458, 84 Stat. 971, Sec.  
                                            202(o); added June 22, 1988,
                                            Pub. L. 100-342, Sec. 21,   
                                            102 Stat. 638; Sept. 3,     
                                            1992, Pub. L. 102-365, Sec. 
                                            2(3), 106 Stat. 972.        
    --------------------------------------------------------------------

      In subsection (a), the words "within 90 days after June 22, 1988"
    are omitted as expired.
      In subsection (b), the words "by another person" are omitted as
    surplus.

-End-

-CITE-
    49 USC Sec. 20139                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20139. Maintenance-of-way operations on railroad bridges

-STATUTE-
      Not later than June 22, 1989, the Secretary of Transportation
    shall prescribe regulations and issue orders for the safety of
    maintenance-of-way employees on railroad bridges. The Secretary at
    least shall provide in those regulations standards for bridge
    safety equipment, including nets, walkways, handrails, and safety
    lines, and requirements for the use of vessels when work is
    performed on bridges located over bodies of water.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 876.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20139          45:431(n).              Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            202(n); added June 22, 1988,
                                            Pub. L. 100-342, Sec. 19(a),
                                            102 Stat. 637; Sept. 3,     
                                            1992, Pub. L. 102-365, Sec. 
                                            2(2), 106 Stat. 972.        
    --------------------------------------------------------------------

      The words "Not later than June 22, 1989" are substituted for
    "within one year after June 22, 1988" for clarity.

-End-

-CITE-
    49 USC Sec. 20140                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20140. Alcohol and controlled substances testing

-STATUTE-
      (a) Definition. - In this section, "controlled substance" means
    any substance under section 102 of the Comprehensive Drug Abuse
    Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the
    Secretary of Transportation.
      (b) General. - (1) In the interest of safety, the Secretary of
    Transportation shall prescribe regulations and issue orders, not
    later than October 28, 1992, related to alcohol and controlled
    substances use in railroad operations. The regulations shall
    establish a program requiring - 
        (A) a railroad carrier to conduct preemployment, reasonable
      suspicion, random, and post-accident testing of all railroad
      employees responsible for safety-sensitive functions (as decided
      by the Secretary) for the use of a controlled substance in
      violation of law or a United States Government regulation, and to
      conduct reasonable suspicion, random, and post-accident testing
      of such employees for the use of alcohol in violation of law or a
      United States Government regulation; the regulations shall permit
      such railroad carriers to conduct preemployment testing of such
      employees for the use of alcohol; and
        (B) when the Secretary considers it appropriate,
      disqualification for an established period of time or dismissal
      of any employee found - 
          (i) to have used or been impaired by alcohol when on duty; or
          (ii) to have used a controlled substance, whether or not on
        duty, except as allowed for medical purposes by law or a
        regulation or order under this chapter.

      (2) When the Secretary of Transportation considers it appropriate
    in the interest of safety, the Secretary may prescribe regulations
    and issue orders requiring railroad carriers to conduct periodic
    recurring testing of railroad employees responsible for safety-
    sensitive functions (as decided by the Secretary) for the use of
    alcohol or a controlled substance in violation of law or a
    Government regulation.
      (c) Testing and Laboratory Requirements. - In carrying out this
    section, the Secretary of Transportation shall develop requirements
    that shall - 
        (1) promote, to the maximum extent practicable, individual
      privacy in the collection of specimens;
        (2) for laboratories and testing procedures for controlled
      substances, incorporate the Department of Health and Human
      Services scientific and technical guidelines dated April 11,
      1988, and any amendments to those guidelines, including mandatory
      guidelines establishing - 
          (A) comprehensive standards for every aspect of laboratory
        controlled substances testing and laboratory procedures to be
        applied in carrying out this section, including standards
        requiring the use of the best available technology to ensure
        the complete reliability and accuracy of controlled substances
        tests and strict procedures governing the chain of custody of
        specimens collected for controlled substances testing;
          (B) the minimum list of controlled substances for which
        individuals may be tested; and
          (C) appropriate standards and procedures for periodic review
        of laboratories and criteria for certification and revocation
        of certification of laboratories to perform controlled
        substances testing in carrying out this section;

        (3) require that a laboratory involved in controlled substances
      testing under this section have the capability and facility, at
      the laboratory, of performing screening and confirmation tests;
        (4) provide that all tests indicating the use of alcohol or a
      controlled substance in violation of law or a Government
      regulation be confirmed by a scientifically recognized method of
      testing capable of providing quantitative information about
      alcohol or a controlled substance;
        (5) provide that each specimen be subdivided, secured, and
      labeled in the presence of the tested individual and that a part
      of the specimen be retained in a secure manner to prevent the
      possibility of tampering, so that if the individual's
      confirmation test results are positive the individual has an
      opportunity to have the retained part tested by a 2d confirmation
      test done independently at another certified laboratory if the
      individual requests the 2d confirmation test not later than 3
      days after being advised of the results of the first confirmation
      test;
        (6) ensure appropriate safeguards for testing to detect and
      quantify alcohol in breath and body fluid samples, including
      urine and blood, through the development of regulations that may
      be necessary and in consultation with the Secretary of Health and
      Human Services;
        (7) provide for the confidentiality of test results and medical
      information (other than information about alcohol or a controlled
      substance) of employees, except that this clause does not prevent
      the use of test results for the orderly imposition of appropriate
      sanctions under this section; and
        (8) ensure that employees are selected for tests by
      nondiscriminatory and impartial methods, so that no employee is
      harassed by being treated differently from other employees in
      similar circumstances.

      (d) Rehabilitation. - The Secretary of Transportation shall
    prescribe regulations or issue orders establishing requirements for
    rehabilitation programs that at least provide for the
    identification and opportunity for treatment of railroad employees
    responsible for safety-sensitive functions (as decided by the
    Secretary) in need of assistance in resolving problems with the use
    of alcohol or a controlled substance in violation of law or a
    Government regulation. The Secretary shall decide on the
    circumstances under which employees shall be required to
    participate in a program. Each railroad carrier is encouraged to
    make such a program available to all of its employees in addition
    to employees responsible for safety-sensitive functions. This
    subsection does not prevent a railroad carrier from establishing a
    program under this subsection in cooperation with another railroad
    carrier.
      (e) International Obligations and Foreign Laws and Regulations. -
    In carrying out this section, the Secretary of Transportation - 
        (1) shall establish only requirements that are consistent with
      international obligations of the United States; and
        (2) shall consider applicable laws and regulations of foreign
      countries.

      (f) Other Regulations Allowed. - This section does not prevent
    the Secretary of Transportation from continuing in effect,
    amending, or further supplementing a regulation prescribed or order
    issued before October 28, 1991, governing the use of alcohol or a
    controlled substance in railroad operations.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 876; Pub. L.
    104-59, title III, Sec. 342(b), Nov. 28, 1995, 109 Stat. 609.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20140(a)       45:431(r)(5).           Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            202(r); added Oct. 28, 1991,
                                            Pub. L. 102-143, Sec. 4, 105
                                            Stat. 957.                  
    20140(b)       45:431(r)(1)                                         
                    (1st-3d sentences).                                 
    20140(c)       45:431(r)(2).                                        
    20140(d)       45:431(r)(3).                                        
    20140(e)       45:431(r)(4).                                        
    20140(f)       45:431(r)(1) (last                                   
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (b)(1), before clause (A), the words "controlled
    substances" are substituted for "drug" for consistency in this
    section. In clauses (B) and (C), the word "found" is substituted
    for "determined" for consistency in the revised title.
      In subsection (c)(3), the words "of any employee" are omitted as
    surplus.
      In subsection (c)(4), the words "by any employee" are omitted as
    surplus.
      In subsection (c)(5), the word "tested" is substituted for
    "assayed" for consistency. The words "2d confirmation test" are
    substituted for "independent test" for clarity and consistency.

                                AMENDMENTS                            
      1995 - Subsec. (b)(1)(A). Pub. L. 104-59 amended subpar. (A)
    generally. Prior to amendment, subpar. (A) read as follows: "a
    railroad carrier to conduct preemployment, reasonable suspicion,
    random, and post-accident testing of all railroad employees
    responsible for safety-sensitive functions (as decided by the
    Secretary) for the use of alcohol or a controlled substance in
    violation of law or a United States Government regulation; and".

-End-

-CITE-
    49 USC Sec. 20141                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20141. Power brake safety

-STATUTE-
      (a) Review and Revision of Existing Regulations. - The Secretary
    of Transportation shall review existing regulations on railroad
    power brakes and, not later than December 31, 1993, revise the
    regulations based on safety information presented during the
    review. Where applicable, the Secretary shall prescribe regulations
    that establish standards on dynamic braking equipment.
      (b) 2-Way End-of-Train Devices. - (1) The Secretary shall require
    2-way end-of-train devices (or devices able to perform the same
    function) on road trains, except locals, road switchers, or work
    trains, to enable the initiation of emergency braking from the rear
    of a train. The Secretary shall prescribe regulations as soon as
    possible, but not later than December 31, 1993, requiring the 2-way
    end-of-train devices. The regulations at least shall - 
        (A) establish standards for the devices based on performance;
        (B) prohibit a railroad carrier, on or after the date that is
      one year after the regulations are prescribed, from acquiring any
      end-of-train device for use on trains that is not a 2-way device
      meeting the standards established under clause (A) of this
      paragraph;
        (C) require that the trains be equipped with 2-way end-of-train
      devices meeting those standards not later than 4 years after the
      regulations are prescribed; and
        (D) provide that any 2-way end-of-train device acquired for use
      on trains before the regulations are prescribed shall be deemed
      to meet the standards.

      (2) The Secretary may consider petitions to amend the regulations
    prescribed under paragraph (1) of this subsection to allow the use
    of alternative technologies that meet the same basic performance
    requirements established by the regulations.
      (3) In developing the regulations required by paragraph (1) of
    this subsection, the Secretary shall consider information presented
    under subsection (a) of this section.
      (c) Exclusions. - The Secretary may exclude from regulations
    prescribed under subsections (a) and (b) of this section any
    category of trains or rail operations if the Secretary decides that
    the exclusion is in the public interest and is consistent with
    railroad safety. The Secretary shall make public the reasons for
    the exclusion. The Secretary at least shall exclude from the
    regulations prescribed under subsection (b) - 
        (1) trains that have manned cabooses;
        (2) passenger trains with emergency brakes;
        (3) trains that operate only on track that is not part of the
      general railroad system;
        (4) trains that do not exceed 30 miles an hour and do not
      operate on heavy grades, except for any categories of trains
      specifically designated by the Secretary; and
        (5) trains that operate in a push mode.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 878.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20141(a)       45:431(r)(1), (2).      Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            202(r); added Sept. 3, 1992,
                                            Pub. L. 102-365, Sec. 7, 106
                                            Stat. 976.                  
    20141(b)       45:431(r)(3).                                        
    20141(c)       45:431(r)(4).                                        
    --------------------------------------------------------------------

-End-

-CITE-
    49 USC Sec. 20142                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20142. Track safety

-STATUTE-
      (a) Review of Existing Regulations. - Not later than March 3,
    1993, the Secretary of Transportation shall begin a review of
    Department of Transportation regulations related to track safety
    standards. The review at least shall include an evaluation of - 
        (1) procedures associated with maintaining and installing
      continuous welded rail and its attendant structure, including
      cold weather installation procedures;
        (2) the need for revisions to regulations on track excepted
      from track safety standards; and
        (3) employee safety.

      (b) Revision of Regulations. - Not later than September 1, 1995,
    the Secretary shall prescribe regulations and issue orders to
    revise track safety standards, considering safety information
    presented during the review under subsection (a) of this section
    and the report of the Comptroller General submitted under
    subsection (c) of this section.
      (c) Comptroller General's Study and Report. - The Comptroller
    General shall study the effectiveness of the Secretary's
    enforcement of track safety standards, with particular attention to
    recent relevant railroad accident experience and information. Not
    later than September 3, 1993, the Comptroller General shall submit
    a report to Congress and the Secretary on the results of the study,
    with recommendations for improving enforcement of those standards.
      (d) Identification of Internal Rail Defects. - In carrying out
    subsections (a) and (b), the Secretary shall consider whether or
    not to prescribe regulations and issue orders concerning - 
        (1) inspection procedures to identify internal rail defects,
      before they reach imminent failure size, in rail that has
      significant shelling; and
        (2) any specific actions that should be taken when a rail
      surface condition, such as shelling, prevents the identification
      of internal defects.

      (e) Track Standards. - 
        (1) In general. - Within 90 days after the date of enactment of
      this subsection, the Federal Railroad Administration shall - 
          (A) require each track owner using continuous welded rail
        track to include procedures (in its procedures filed with the
        Administration pursuant to section 213.119 of title 49, Code of
        Federal Regulations) to improve the identification of cracks in
        rail joint bars;
          (B) instruct Administration track inspectors to obtain copies
        of the most recent continuous welded rail programs of each
        railroad within the inspectors' areas of responsibility and
        require that inspectors use those programs when conducting
        track inspections; and
          (C) establish a program to review continuous welded rail
        joint bar inspection data from railroads and Administration
        track inspectors periodically.

        (2) Inspection. - Whenever the Administration determines that
      it is necessary or appropriate, the Administration may require
      railroads to increase the frequency of inspection, or improve the
      methods of inspection, of joint bars in continuous welded rail.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 879; Pub. L.
    103-440, title II, Sec. 208, Nov. 2, 1994, 108 Stat. 4621; Pub. L.
    109-59, title IX, Sec. 9005(a), Aug. 10, 2005, 119 Stat. 1924.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20142(a)       45:431(s)(1) (1st       Oct. 16, 1970, Pub. L.       
                    sentence), (2).         91-458, 84 Stat. 971, Sec.  
                                            202(s); added Sept. 3, 1992,
                                            Pub. L. 102-365, Sec. 8, 106
                                            Stat. 976.                  
    20142(b)       45:431(s)(1) (last                                   
                    sentence).                                          
    20142(c)       45:431(s)(3).                                        
    --------------------------------------------------------------------

      In subsection (c), the word "information" is substituted for
    "data" for consistency in the revised title.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this subsection, referred to in subsec.
    (e)(1), is the date of enactment of Pub. L. 109-59, which was
    approved Aug. 10, 2005.

-MISC2-
                                AMENDMENTS                            
      2005 - Subsec. (e). Pub. L. 109-59 added subsec. (e).
      1994 - Subsec. (a)(1). Pub. L. 103-440, Sec. 208(2), inserted ",
    including cold weather installation procedures" after "attendant
    structure".
      Subsec. (b). Pub. L. 103-440, Sec. 208(1), substituted "September
    1, 1995" for "September 3, 1994".
      Subsec. (d). Pub. L. 103-440, Sec. 208(3), added subsec. (d).

-End-

-CITE-
    49 USC Sec. 20143                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20143. Locomotive visibility

-STATUTE-
      (a) Definition. - In this section, "locomotive visibility" means
    the enhancement of day and night visibility of the front end unit
    of a train, considering in particular the visibility and
    perspective of a driver of a motor vehicle at a grade crossing.
      (b) Interim Regulations. - Not later than December 31, 1992, the
    Secretary of Transportation shall prescribe temporary regulations
    identifying ditch, crossing, strobe, and oscillating lights as
    temporary locomotive visibility measures and authorizing and
    encouraging the installation and use of those lights. Subchapter II
    of chapter 5 of title 5 does not apply to a temporary regulation or
    to an amendment to a temporary regulation.
      (c) Review of Regulations. - The Secretary shall review the
    Secretary's regulations on locomotive visibility. Not later than
    December 31, 1993, the Secretary shall complete the current
    research of the Department of Transportation on locomotive
    visibility. In conducting the review, the Secretary shall collect
    relevant information from operational experience by rail carriers
    using enhanced visibility measures.
      (d) Regulatory Proceeding. - Not later than June 30, 1994, the
    Secretary shall begin a regulatory proceeding to prescribe final
    regulations requiring substantially enhanced locomotive visibility
    measures. In the proceeding, the Secretary shall consider at least -
     
        (1) revisions to the existing locomotive headlight standards,
      including standards for placement and intensity;
        (2) requiring the use of reflective material to enhance
      locomotive visibility;
        (3) requiring the use of additional alerting lights, including
      ditch, crossing, strobe, and oscillating lights;
        (4) requiring the use of auxiliary lights to enhance locomotive
      visibility when viewed from the side;
        (5) the effect of an enhanced visibility measure on the vision,
      health, and safety of train crew members; and
        (6) separate standards for self-propelled, push-pull, and multi-
      unit passenger operations without a dedicated head end
      locomotive.

      (e) Final Regulations. - (1) Not later than June 30, 1995, the
    Secretary shall prescribe final regulations requiring enhanced
    locomotive visibility measures. The Secretary shall require that
    not later than December 31, 1997, a locomotive not excluded from
    the regulations be equipped with temporary visibility measures
    under subsection (b) of this section or the visibility measures the
    final regulations require.
      (2) In prescribing regulations under paragraph (1) of this
    subsection, the Secretary may exclude a category of trains or rail
    operations from a specific visibility requirement if the Secretary
    decides the exclusion is in the public interest and is consistent
    with rail safety, including grade-crossing safety.
      (3) A locomotive equipped with temporary visibility measures
    prescribed under subsection (b) of this section when final
    regulations are prescribed under paragraph (1) of this subsection
    is deemed to be complying with the final regulations for 4 years
    after the final regulations are prescribed.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 880.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20143(a)       45:431(u)(6).           Oct. 16, 1970, Pub. L.       
                                            91-458, 84 Stat. 971, Sec.  
                                            202(u); added Oct. 27, 1992,
                                            Pub. L. 102-533, Sec. 14,   
                                            106 Stat. 3522.             
    20143(b)       45:431(u)(2) (1st,                                   
                    2d sentences).                                      
    20143(c)       45:431(u)(1).                                        
    20143(d)       45:431(u)(3).                                        
    20143(e)(1)    45:431(u)(5).                                        
    20143(e)(2)    45:431(u)(4).                                        
    20143(e)(3)    45:431(u)(2) (last                                   
                    sentence).                                          
    --------------------------------------------------------------------

      In this section, the word "visibility" is substituted for
    "conspicuity" for clarity and consistency in this chapter.
      In subsection (a), the words "by means of lighting, reflective
    materials, or other means" are omitted as surplus.
      In subsection (b), the words "those lights" are substituted for
    "such measures" for clarity.
      In subsection (c), the word "Secretary's" is substituted for
    "Department of Transportation's" because of 49:102(b). The word
    "using" is substituted for "having . . . in service" to eliminate
    unnecessary words.
      In subsection (e)(2) and (3) of this section, the reference is to
    paragraph (1) of this subsection, rather than to subsection (d) of
    this section, because the regulations are prescribed under
    paragraph (1).
      In subsection (e)(2), the words "a category" are substituted for
    "and category" to correct an apparent mistake in the source
    provision. See S. Rept. 102-990, 102d Cong., 2d Sess., p. 18
    (1992).
      In subsection (e)(3), the word "full" is omitted as surplus.

-End-

-CITE-
    49 USC Sec. 20144                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20144. Blue signal protection for on-track vehicles

-STATUTE-
      The Secretary of Transportation shall prescribe regulations
    applying blue signal protection to on-track vehicles where rest is
    provided.

-SOURCE-
    (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 881.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    20144          (uncodified).           June 22, 1988, Pub. L.       
                                            100-342, Sec. 19(c), 102    
                                            Stat. 638.                  
    --------------------------------------------------------------------

      The words "prescribe regulations" are substituted for "within one
    year after the date of the enactment of this Act, amend part 218 of
    title 49, Code of Federal Regulations" because the regulations to
    carry out this section have been prescribed.

-End-

-CITE-
    49 USC Sec. 20145                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20145. Report on bridge displacement detection systems

-STATUTE-
      Not later than 18 months after November 2, 1994, the Secretary of
    Transportation shall transmit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report concerning any action that has been taken by the Secretary
    on railroad bridge displacement detection systems.

-SOURCE-
    (Added Pub. L. 103-440, title II, Sec. 207(a), Nov. 2, 1994, 108
    Stat. 4621; amended Pub. L. 104-287, Sec. 5(48), (49), Oct. 11,
    1996, 110 Stat. 3393.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-287 substituted "November 2, 1994" for "the
    date of enactment of the Federal Railroad Safety Authorization Act
    of 1994" and "Committee on Transportation and Infrastructure" for
    "Committee on Energy and Commerce".

-End-

-CITE-
    49 USC Sec. 20146                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20146. Institute for Railroad Safety

-STATUTE-
      The Secretary of Transportation, in conjunction with a university
    or college having expertise in transportation safety, shall
    establish, within one year after November 2, 1994, an Institute for
    Railroad Safety. The Institute shall research, develop, fund, and
    test measures for reducing the number of fatalities and injuries
    relevant to railroad operations. There are authorized to be
    appropriated to the Secretary $1,000,000 for each of the fiscal
    years 1996 through 2000 to fund activities carried out under this
    section by the Institute, which shall report at least once each
    year on its use of such funds in carrying out such activities and
    the results thereof to the Secretary of Transportation and the
    Congress.

-SOURCE-
    (Added Pub. L. 103-440, title II, Sec. 210(a), Nov. 2, 1994, 108
    Stat. 4621; amended Pub. L. 104-287, Sec. 5(49), Oct. 11, 1996, 110
    Stat. 3393.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-287 substituted "November 2, 1994" for "the
    date of enactment of the Federal Railroad Safety Authorization Act
    of 1994".

-End-

-CITE-
    49 USC Sec. 20147                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20147. Warning of civil liability

-STATUTE-
      The Secretary of Transportation shall encourage railroad carriers
    to warn the public about potential liability for violation of
    regulations related to vandalism of railroad signs, devices, and
    equipment and to trespassing on railroad property.

-SOURCE-
    (Added Pub. L. 103-440, title II, Sec. 211(a), Nov. 2, 1994, 108
    Stat. 4622.)

-End-

-CITE-
    49 USC Sec. 20148                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20148. Railroad car visibility

-STATUTE-
      (a) Review of Rules. - The Secretary of Transportation shall
    conduct a review of the Department of Transportation's rules with
    respect to railroad car visibility. As part of this review, the
    Secretary shall collect relevant data from operational experience
    by railroads having enhanced visibility measures in service.
      (b) Regulations. - If the review conducted under subsection (a)
    establishes that enhanced railroad car visibility would likely
    improve safety in a cost-effective manner, the Secretary shall
    initiate a rulemaking proceeding to prescribe regulations requiring
    enhanced visibility standards for newly manufactured and
    remanufactured railroad cars. In such proceeding the Secretary
    shall consider, at a minimum - 
        (1) visibility of railroad cars from the perspective of
      nonrailroad traffic;
        (2) whether certain railroad car paint colors should be
      prohibited or required;
        (3) the use of reflective materials;
        (4) the visibility of lettering on railroad cars;
        (5) the effect of any enhanced visibility measures on the
      health and safety of train crew members; and
        (6) the cost/benefit ratio of any new regulations.

      (c) Exclusions. - In prescribing regulations under subsection
    (b), the Secretary may exclude from any specific visibility
    requirement any category of trains or railroad operations if the
    Secretary determines that such an exclusion is in the public
    interest and is consistent with railroad safety.

-SOURCE-
    (Added Pub. L. 103-440, title II, Sec. 212(a), Nov. 2, 1994, 108
    Stat. 4622.)

-End-

-CITE-
    49 USC Sec. 20149                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20149. Coordination with the Department of Labor

-STATUTE-
      The Secretary of Transportation shall consult with the Secretary
    of Labor on a regular basis to ensure that all applicable laws
    affecting safe working conditions for railroad employees are
    appropriately enforced to ensure a safe and productive working
    environment for the railroad industry.

-SOURCE-
    (Added Pub. L. 103-440, title II, Sec. 213(a), Nov. 2, 1994, 108
    Stat. 4623.)

-End-

-CITE-
    49 USC Sec. 20150                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20150. Positive train control system progress report

-STATUTE-
      The Secretary of Transportation shall submit a report to the
    Congress on the development, deployment, and demonstration of
    positive train control systems by December 31, 1995.

-SOURCE-
    (Added Pub. L. 103-440, title II, Sec. 214(a), Nov. 2, 1994, 108
    Stat. 4623.)

-End-

-CITE-
    49 USC Sec. 20151                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20151. Railroad trespassing and vandalism prevention strategy

-STATUTE-
      (a) Evaluation of Existing Laws. - In consultation with affected
    parties, the Secretary of Transportation shall evaluate and review
    current local, State, and Federal laws regarding trespassing on
    railroad property and vandalism affecting railroad safety, and
    develop model prevention strategies and enforcement laws to be used
    for the consideration of State and local legislatures and
    governmental entities. The first such evaluation and review shall
    be completed within 1 year after November 2, 1994. The Secretary
    shall revise such model prevention strategies and enforcement codes
    periodically.
      (b) Outreach Program. - The Secretary shall develop and maintain
    a comprehensive outreach program to improve communications among
    Federal railroad safety inspectors, State inspectors certified by
    the Federal Railroad Administration, railroad police, and State and
    local law enforcement officers, for the purpose of addressing
    trespassing and vandalism problems on railroad property, and
    strengthening relevant enforcement strategies. This program shall
    be designed to increase public and police awareness of the
    illegality of, dangers inherent in, and the extent of, trespassing
    on railroad rights-of-way, to develop strategies to improve the
    prevention of trespassing and vandalism, and to improve the
    enforcement of laws relating to railroad trespass, vandalism, and
    safety.
      (c) Model Legislation. - Within 18 months after November 2, 1994,
    the Secretary, after consultation with State and local governments
    and railroad carriers, shall develop and make available to State
    and local governments model State legislation providing for - 
        (1) civil or criminal penalties, or both, for vandalism of
      railroad equipment or property which could affect the safety of
      the public or of railroad employees; and
        (2) civil or criminal penalties, or both, for trespassing on a
      railroad owned or leased right-of-way.

-SOURCE-
    (Added Pub. L. 103-440, title II, Sec. 219(a), Nov. 2, 1994, 108
    Stat. 4625; amended Pub. L. 104-287, Sec. 5(49), Oct. 11, 1996, 110
    Stat. 3393.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsecs. (a), (c). Pub. L. 104-287 substituted "November
    2, 1994" for "the date of enactment of the Federal Railroad Safety
    Authorization Act of 1994".

-End-

-CITE-
    49 USC Sec. 20152                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20152. Emergency notification of grade crossing problems

-STATUTE-
      (a) Pilot Programs. - The Secretary of Transportation shall
    conduct a pilot program to demonstrate an emergency notification
    system utilizing a toll free telephone number that the public can
    use to convey to railroad carriers, either directly or through
    public safety personnel, information about malfunctions or other
    safety problems at railroad-highway grade crossings. The pilot
    program, at a minimum - 
        (1) shall include railroad-highway grade crossings in at least
      2 States;
        (2) shall include provisions for public education and awareness
      of the program; and
        (3) shall require information to be posted at the railroad-
      highway grade crossing describing the emergency notification
      system and instructions on how to use the system.

    The Secretary may, by grant, provide funding for the expense of
    information signs and public awareness campaigns necessary to
    demonstrate the notification system.
      (b) Report. - The Secretary shall complete the pilot program not
    later than 24 months after November 2, 1994, and shall submit to
    the Congress not later than 30 months after November 2, 1994, an
    evaluation of the pilot program, together with findings as to the
    effectiveness of such emergency notification systems. The report
    shall compare and contrast the structure, cost, and effectiveness
    of the pilot program with other emergency notification systems in
    effect within other States. Such evaluation shall include analyses
    of the safety benefits derived from the programs, cost
    effectiveness, and the burdens on participants, including railroad
    carriers and law enforcement personnel.

-SOURCE-
    (Added Pub. L. 103-440, title III, Sec. 301(a), Nov. 2, 1994, 108
    Stat. 4626; amended Pub. L. 104-287, Sec. 5(50), Oct. 11, 1996, 110
    Stat. 3393.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-287 substituted "November 2,
    1994" for "the date of enactment of this section" and "November 2,
    1994, an evaluation" for "that date an evaluation".

-End-

-CITE-
    49 USC Sec. 20153                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20153. Audible warnings at highway-rail grade crossings

-STATUTE-
      (a) Definitions. - As used in this section - 
        (1) the term "highway-rail grade crossing" includes any street
      or highway crossing over a line of railroad at grade;
        (2) the term "locomotive horn" refers to a train-borne audible
      warning device meeting standards specified by the Secretary of
      Transportation; and
        (3) the term "supplementary safety measure" refers to a safety
      system or procedure, provided by the appropriate traffic control
      authority or law enforcement authority responsible for safety at
      the highway-rail grade crossing, that is determined by the
      Secretary to be an effective substitute for the locomotive horn
      in the prevention of highway-rail casualties. A traffic control
      arrangement that prevents careless movement over the crossing
      (e.g., as where adequate median barriers prevent movement around
      crossing gates extending over the full width of the lanes in the
      particular direction of travel), and that conforms to standards
      prescribed by the Secretary under this subsection, shall be
      deemed to constitute a supplementary safety measure. The
      following do not, individually or in combination, constitute
      supplementary safety measures within the meaning of this
      subsection: standard traffic control devices or arrangements such
      as reflectorized crossbucks, stop signs, flashing lights,
      flashing lights with gates that do not completely block travel
      over the line of railroad, or traffic signals.

      (b) Requirement. - The Secretary of Transportation shall
    prescribe regulations requiring that a locomotive horn shall be
    sounded while each train is approaching and entering upon each
    public highway-rail grade crossing.
      (c) Exception. - (1) In issuing such regulations, the Secretary
    may except from the requirement to sound the locomotive horn any
    categories of rail operations or categories of highway-rail grade
    crossings (by train speed or other factors specified by regulation)
    - 
        (A) that the Secretary determines not to present a significant
      risk with respect to loss of life or serious personal injury;
        (B) for which use of the locomotive horn as a warning measure
      is impractical; or
        (C) for which, in the judgment of the Secretary, supplementary
      safety measures fully compensate for the absence of the warning
      provided by the locomotive horn.

      (2) In order to provide for safety and the quiet of communities
    affected by train operations, the Secretary may specify in such
    regulations that any supplementary safety measures must be applied
    to all highway-rail grade crossings within a specified distance
    along the railroad in order to be excepted from the requirement of
    this section.
      (d) Application for Waiver or Exemption. - Notwithstanding any
    other provision of this subchapter, the Secretary may not entertain
    an application for waiver or exemption of the regulations issued
    under this section unless such application shall have been
    submitted jointly by the railroad carrier owning, or controlling
    operations over, the crossing and by the appropriate traffic
    control authority or law enforcement authority. The Secretary shall
    not grant any such application unless, in the judgment of the
    Secretary, the application demonstrates that the safety of highway
    users will not be diminished.
      (e) Development of Supplementary Safety Measures. - (1) In order
    to promote the quiet of communities affected by rail operations and
    the development of innovative safety measures at highway-rail grade
    crossings, the Secretary may, in connection with demonstration of
    proposed new supplementary safety measures, order railroad carriers
    operating over one or more crossings to cease temporarily the
    sounding of locomotive horns at such crossings. Any such measures
    shall have been subject to testing and evaluation and deemed
    necessary by the Secretary prior to actual use in lieu of the
    locomotive horn.
      (2) The Secretary may include in regulations issued under this
    subsection special procedures for approval of new supplementary
    safety measures meeting the requirements of subsection (c)(1) of
    this section following successful demonstration of those measures.
      (f) Specific Rules. - The Secretary may, by regulation, provide
    that the following crossings over railroad lines shall be subject,
    in whole or in part, to the regulations required under this
    section:
        (1) Private highway-rail grade crossings.
        (2) Pedestrian crossings.
        (3) Crossings utilized primarily by nonmotorized vehicles and
      other special vehicles.

    Regulations issued under this subsection shall not apply to any
    location where persons are not authorized to cross the railroad.
      (g) Issuance. - The Secretary shall issue regulations required by
    this section pertaining to categories of highway-rail grade
    crossings that in the judgment of the Secretary pose the greatest
    safety hazard to rail and highway users not later than 24 months
    following November 2, 1994. The Secretary shall issue regulations
    pertaining to any other categories of crossings not later than 48
    months following November 2, 1994.
      (h) Impact of Regulations. - The Secretary shall include in
    regulations prescribed under this section a concise statement of
    the impact of such regulations with respect to the operation of
    section 20106 of this title (national uniformity of regulation).
      (i) Regulations. - In issuing regulations under this section, the
    Secretary - 
        (1) shall take into account the interest of communities that - 
          (A) have in effect restrictions on the sounding of a
        locomotive horn at highway-rail grade crossings; or
          (B) have not been subject to the routine (as defined by the
        Secretary) sounding of a locomotive horn at highway-rail grade
        crossings;

        (2) shall work in partnership with affected communities to
      provide technical assistance and shall provide a reasonable
      amount of time for local communities to install supplementary
      safety measures, taking into account local safety initiatives
      (such as public awareness initiatives and highway-rail grade
      crossing traffic law enforcement programs) subject to such terms
      and conditions as the Secretary deems necessary, to protect
      public safety; and
        (3) may waive (in whole or in part) any requirement of this
      section (other than a requirement of this subsection or
      subsection (j)) that the Secretary determines is not likely to
      contribute significantly to public safety.

      (j) Effective Date of Regulations. - Any regulations under this
    section shall not take effect before the 365th day following the
    date of publication of the final rule.

-SOURCE-
    (Added Pub. L. 103-440, title III, Sec. 302(a), Nov. 2, 1994, 108
    Stat. 4626; amended Pub. L. 104-264, title XII, Sec. 1218(a), Oct.
    9, 1996, 110 Stat. 3285; Pub. L. 104-287, Sec. 5(51), Oct. 11,
    1996, 110 Stat. 3393.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (g). Pub. L. 104-287 substituted "November 2,
    1994" for "the date of enactment of this section" in two places.
      Subsecs. (i), (j). Pub. L. 104-264 added subsecs. (i) and (j).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Except as otherwise specifically provided, amendment by Pub. L.
    104-264 applicable only to fiscal years beginning after Sept. 30,
    1996, and not to be construed as affecting funds made available for
    a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
    104-264, set out as a note under section 106 of this title.

-End-

-CITE-
    49 USC Sec. 20154                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20154. Capital grants for rail line relocation projects

-STATUTE-
      (a) Establishment of Program. - The Secretary of Transportation
    shall carry out a grant program to provide financial assistance for
    local rail line relocation and improvement projects.
      (b) Eligibility. - A State is eligible for a grant under this
    section for any construction project for the improvement of the
    route or structure of a rail line that either - 
        (1) is carried out for the purpose of mitigating the adverse
      effects of rail traffic on safety, motor vehicle traffic flow,
      community quality of life, or economic development; or
        (2) involves a lateral or vertical relocation of any portion of
      the rail line.

      (c) Considerations for Approval of Grant Applications. - In
    determining whether to award a grant to an eligible State under
    this section, the Secretary shall consider the following factors:
        (1) The capability of the State to fund the rail line
      relocation project without Federal grant funding.
        (2) The requirement and limitation relating to allocation of
      grant funds provided in subsection (d).
        (3) Equitable treatment of the various regions of the United
      States.
        (4) The effects of the rail line, relocated or improved as
      proposed, on motor vehicle and pedestrian traffic, safety,
      community quality of life, and area commerce.
        (5) The effects of the rail line, relocated as proposed, on the
      freight and passenger rail operations on the rail line.

      (d) Allocation Requirements. - At least 50 percent of all grant
    funds awarded under this section out of funds appropriated for a
    fiscal year shall be provided as grant awards of not more than
    $20,000,000 each. The $20,000,000 amount shall be adjusted by the
    Secretary to reflect inflation for fiscal years beginning after
    fiscal year 2006.
      (e) Non-Federal Share. - 
        (1) Percentage. - A State or other non-Federal entity shall pay
      at least 10 percent of the shared costs of a project that is
      funded in part by a grant awarded under this section.
        (2) Forms of contributions. - The share required by paragraph
      (1) may be paid in cash or in kind.
        (3) In-kind contributions. - The in-kind contributions that are
      permitted to be counted under paragraph (2) for a project for a
      State or other non-Federal entity are as follows:
          (A) A contribution of real property or tangible personal
        property (whether provided by the State or a person for the
        State).
          (B) A contribution of the services of employees of the State
        or other non-Federal entity, calculated on the basis of costs
        incurred by the State or other non-Federal entity for the pay
        and benefits of the employees, but excluding overhead and
        general administrative costs.
          (C) A payment of any costs that were incurred for the project
        before the filing of an application for a grant for the project
        under this section, and any in-kind contributions that were
        made for the project before the filing of the application, if
        and to the extent that the costs were incurred or in-kind
        contributions were made, as the case may be, to comply with a
        provision of a statute required to be satisfied in order to
        carry out the project.

        (4) Financial contribution from private entities. - 
          (A) The Secretary shall require a State to submit a
        description of the anticipated public and private benefits
        associated with each rail line relocation or improvement
        project described in subsection (a). The determination of such
        benefits shall be developed in consultation with the owner and
        user of the rail line being relocated or improved or other
        private entity involved in the project.
          (B) The Secretary shall consider the feasibility of seeking
        financial contributions or commitments from private entities
        involved with the project in proportion to the expected
        benefits determined under subparagraph (A) that accrue to such
        entities from the project.

      (f) Agreements To Combine Amounts. - Two or more States (not
    including political subdivisions of States) may, pursuant to an
    agreement entered into by the States, combine any part of the
    amounts provided through grants for a project under this section if
    - 
        (1) the project will benefit each of the States entering into
      the agreement; and
        (2) the agreement is not a violation of a law of any such
      State.

      (g) Regulations. - The Secretary shall prescribe regulations for
    carrying out this section.
      (h) Definitions. - In this section:
        (1) Construction. - The term "construction" means the
      supervising, inspecting, actual building, and incurrence of all
      costs incidental to the construction or reconstruction of a
      project described under subsection (b)(1) of this section,
      including bond costs and other costs relating to the issuance of
      bonds or other debt financing instruments and costs incurred by
      the State in performing project related audits, and includes - 
          (A) locating, surveying, and mapping;
          (B) track installation, restoration, and rehabilitation;
          (C) acquisition of rights-of-way;
          (D) relocation assistance, acquisition of replacement housing
        sites, and acquisition and rehabilitation, relocation, and
        construction of replacement housing;
          (E) elimination of obstacles and relocation of utilities; and
          (F) other activities defined by the Secretary.

        (2) Quality of life. - The term "quality of life" includes
      first responders' emergency response time, the environment, noise
      levels, and other factors as determined by the Secretary.
        (3) State. - The term "State" includes, except as otherwise
      specifically provided, a political subdivision of a State, and
      the District of Columbia.

      (i) Authorization of Appropriations. - There are authorized to be
    appropriated to the Secretary for use in carrying out this section
    $350,000,000 for each of the fiscal years 2006 through 2009.

-SOURCE-
    (Added Pub. L. 109-59, title IX, Sec. 9002(a)(1), Aug. 10, 2005,
    119 Stat. 1919.)

-MISC1-
                                REGULATIONS                            
      Pub. L. 109-59, title IX, Sec. 9002(b), Aug. 10, 2005, 119 Stat.
    1921, provided that:
      "(1) Temporary regulations. - Not later than April 1, 2006, the
    Secretary of Transportation shall issue temporary regulations to
    implement the grant program under section 20154 of title 49, United
    States Code, as added by subsection (a). Subchapter II of chapter 5
    of title 5, United States Code, shall not apply to the issuance of
    a temporary regulation under this subsection or of any amendment of
    such a temporary regulation.
      "(2) Final regulations. - Not later than October 1, 2006, the
    Secretary shall issue final regulations implementing the program."

-End-

-CITE-
    49 USC Sec. 20155                                           01/02/2006

-EXPCITE-
    TITLE 49 - TRANSPORTATION
    SUBTITLE V - RAIL PROGRAMS
    PART A - SAFETY
    CHAPTER 201 - GENERAL
    SUBCHAPTER II - PARTICULAR ASPECTS OF SAFETY

-HEAD-
    Sec. 20155. Tank cars

-STATUTE-
      (a) Standards. - The Federal Railroad Administration shall - 
        (1) validate a predictive model to quantify the relevant
      dynamic forces acting on railroad tank cars under accident
      conditions within 1 year after the date of enactment of this
      section; and
        (2) initiate a rulemaking to develop and implement appropriate
      design standards for pressurized tank cars within 18 months after
      the date of enactment of this section.

      (b) Older Tank Car Impact Resistance Analysis and Report. -
    Within 1 year after the date of enactment of this section the
    Federal Railroad Administration shall conduct a comprehensive
    analysis to determine the impact resistance of the steels in the
    shells of pressure tank cars constructed before 1989. Within 6
    months after completing that analysis the Administration shall
    transmit a report, including recommendations for reducing any risk
    of catastrophic fracture and separation of such cars, to the
    Committee on Commerce, Science, and Transportation of the Senate
    and the Committee on Transportation and Infrastructure of the House
    of Representatives.

-SOURCE-
    (Added Pub. L. 109-59, title IX, Sec. 9005(b)(1), Aug. 10, 2005,
    119 Stat. 1924.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of this section, referred to in text, is
    the date of enactment of Pub. L. 109-59, which was approved Aug.
    10, 2005.

-End-