I 

108TH CONGRESS 

1ST SESSION H. R. 2378

To reform the safety practices of the railroad industry, to prevent railroad 

fatalities, injuries, and hazardous materials releases, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2003

Mr. OBERSTAR (for himself, Ms. CORRINE BROWN of Florida, and Mr. FILNER) introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL

To reform the safety practices of the railroad industry, to 

prevent railroad fatalities, injuries, and hazardous materials releases, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Railroad Safety Reform Act of 2003’’. 

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Amendment of title 49, United States Code. 

TITLE I—EMPLOYEE FATIGUE 

Sec. 101. Definitions. 
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Sec. 102. Limitations on duty hours of train employees. 

Sec. 103. Limitations on duty hours of signal employees. 

Sec. 104. Limitations on duty hours of dispatching service employees and power 

directors. 

Sec. 105. Employee sleeping quarters. 

Sec. 106. Fatigue management plans. 

Sec. 107. Conforming amendments. 

Sec. 108. Limitations on duty hours of transport vehicle drivers. 

Sec. 109. Electronic recordkeeping. 

Sec. 110. Split shifts. 

Sec. 111. Rotating shifts. 

Sec. 112. Recommendations on hours of service changes. 

TITLE II—PROTECTION OF EMPLOYEES AND WITNESSES 

Sec. 201. Expansion of employee protections. 

Sec. 202. Employee reports. 

Sec. 203. Audits of reporting. 

Sec. 204. Interfering with or hampering safety investigations. 

TITLE III—GRADE CROSSING SAFETY 

Sec. 301. Toll-free number to report grade crossing problems. 

Sec. 302. Grade crossing signal violations. 

TITLE IV—PASSENGER SERVICE SAFETY STANDARDS 

Sec. 401. Emergency windows. 

Sec. 402. Passenger railroad signal systems. 

Sec. 403. Passenger locomotive fuel tanks. 

Sec. 404. Positive train control. 

TITLE V—SAFETY RULEMAKING AND ENFORCEMENT 

Sec. 501. Purpose. 

Sec. 502. Railroad safety conference. 

Sec. 503. Rulemaking process. 

Sec. 504. Crane safety. 

Sec. 505. Railroad car visibility. 

Sec. 506. High-speed rail noise regulation. 

Sec. 507. Track safety. 

Sec. 508. Enhanced inspection and investigation authority under the Federal 

railroad safety laws. 

Sec. 509. Expansion of emergency order authority. 

Sec. 510. Safety inspectors. 

TITLE VI—MISCELLANEOUS PROVISIONS 

Sec. 601. Safety considerations in grants or loans to commuter railroads. 

Sec. 602. Technical amendments regarding adjustment of civil penalties for inflation. 

Sec. 603. Certification of locomotive engineers and other safety-related railroad 

personnel. 

Sec. 604. Transport motor vehicle inspections.

Sec. 605. Conrail safety exemption. 

Sec. 606. Seniority rights.
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1 SEC. 2. FINDINGS. 

2 The Congress makes the following findings: 

3 (1) The railroad industry has achieved a reduc4 tion in the number of fatalities, and the number of 

5 some types of accidents, such as collisions and 

6 grade-crossing accidents, has fallen sharply. But the 

7 number of derailments and employee fatalities has 

8 remained almost unchanged in recent years, and 

9 some key safety issues have not been adequately ad10 dressed. Employee fatigue remains a critical prob11 lem, and harassment and intimidation of railroad 

12 employees continue to cast doubt on the reliability of 

13 rail safety statistics and to create a hostile working 

14 environment that is not conducive to safety. Con15 certed efforts are needed to address these problems 

16 so that railroad safety can be further improved. 

17 (2) The Safety Assurance and Compliance Pro18 gram is an approach to safety that emphasizes the 

19 active partnership of the Federal Railroad Adminis20 tration, rail labor representatives, and railroad man21 agement in identifying current safety problems and 

22 jointly developing effective solutions to those prob23 lems. One fundamental principle of this approach is 

24 tracing a safety problem to its root cause and at25 tacking that cause rather than only its symptoms. 

26 Where a problem is determined to be system-wide, 
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1 this approach calls for a system-wide solution. 

2 Under this approach, the Federal Railroad Adminis3 tration seeks to focus its inspection and enforcement 

4 resources on the most serious safety problems. This 

5 approach has demonstrated significant capacity for 

6 identifying and eliminating the root cause of system7 wide safety problems by enlisting those most directly 

8 affected by such problems—railroad employees and 

9 managers—in a partnership effort. Used together 

10 with the Federal Railroad Administration’s regular 

11 inspections and enforcement tools, this approach 

12 provides a firm basis for addressing the safety chal13 lenges facing the changing railroad industry and ad14 vancing toward the safety program’s ultimate goal of 

15 zero tolerance for any safety hazard in the railroad 

16 industry. 

17 (3) The Railroad Safety Advisory Committee, 

18 which was established under the Federal Advisory 

19 Committee Act (5 U.S.C. App. 2), is proving to be 

20 an effective means of involving interested members 

21 of the railroad community in the development of 

22 railroad safety rules issued by the Federal Railroad 

23 Administration. The continued use of this collabo24 rative method of developing safety regulations is 

25 more likely to produce rules that are based on an in-
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1 dustry consensus and, accordingly, that are more 

2 readily understood and more consistently complied 

3 with, than rules developed under more traditional 

4 methods. 

5 SEC. 3. AMENDMENT OF TITLE 49, UNITED STATES CODE. 

6 Except as otherwise expressly provided, whenever in 

7 this Act an amendment or repeal is expressed in terms 

8 of an amendment to, or a repeal of, a section or other 

9 provision, the reference shall be considered to be made to 

10 a section or other provision of title 49, United States 

11 Code. 

12 TITLE I—EMPLOYEE FATIGUE 

13 SEC. 101. DEFINITIONS. 

14 Section 21101 is amended—

15 (1) by amending paragraph (2) to read as fol16 lows: 

17 ‘‘(2) ‘dispatching service employee’ means an 

18 operator, train dispatcher, or other train employee, 

19 including an employee of an independent contractor, 

20 who—

21 ‘‘(A) by the use of an electrical or mechan22 ical device dispatches, reports, transmits, re23 ceives, or delivers orders related to or affecting 

24 train movements; or 
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1 ‘‘(B) directly supervises an employee who 

2 carries out responsibilities described in subpara3 graph (A), 

4 but such term does not include a power director.’’; 

5 (2) by redesignating paragraphs (3), (4), and 

6 (5), as paragraphs (4), (7), and (8), respectively; 

7 (3) by inserting after paragraph (2) the fol8 lowing new paragraph: 

9 ‘‘(3) ‘dually employed’ means being at the same 

10 time in the employ of two or more railroad carriers, 

11 of two or more independent contractors, or of both 

12 one or more railroad carriers and one or more inde13 pendent contractors.’’; 

14 (4) in paragraph (4), as so redesignated by 

15 paragraph (2) of this section, by striking ‘‘or a train 

16 employee’’ and inserting ‘‘a train employee, a power 

17 director, or a transport vehicle driver’’; 

18 (5) by inserting after paragraph (4), as so re19 designated by paragraph (2) of this section, the fol20 lowing new paragraphs: 

21 ‘‘(5) ‘independent contractor’ means an inde22 pendent contractor to a railroad carrier and includes 

23 a subcontractor to an independent contractor.

24 ‘‘(6) ‘power director’ means—
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1 ‘‘(A) a train employee, including an em2 ployee of an independent contractor, who af3 fects the movement of trains through control of 

4 third rail or pantographic electric power; and 

5 ‘‘(B) an individual, including an employee 

6 of an independent contractor, who—

7 ‘‘(i) supervises operations and section8 alizing of an electric power distribution 

9 system which transmits electrical energy 

10 for the propulsion of trains; 

11 ‘‘(ii) directs opening and closing of 

12 circuit breakers affecting the movement of 

13 trains and for the protection of employees 

14 and others engaged in work on, or in close 

15 proximity to, any portion of the electric 

16 power distribution system which transmits 

17 electrical energy for the propulsion of 

18 trains; or 

19 ‘‘(iii) disconnects and sectionalizes 

20 switches as required for the movement of 

21 trains and for the protection of employees 

22 and others engaged in work on, or in close 

23 proximity to, any portion of the electric 

24 power distribution system which transmits
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1 electrical energy for the propulsion of 

2 trains.’’; 

3 (6) in paragraph (7), as so redesignated by 

4 paragraph (2) of this section, by striking ‘‘employed 

5 by a railroad carrier who is engaged in installing, re6 pairing, or maintaining signal systems’’ and insert7 ing ‘‘engaged in installing, repairing, or maintaining 

8 signal systems, including an employee of an inde9 pendent contractor, and including any individual 

10 who directly supervises an individual engaged in 

11 those activities’’; 

12 (7) in paragraph (8), as so redesignated by 

13 paragraph (2) of this section, by inserting ‘‘and an 

14 employee of an independent contractor, and any in15 dividual who directly supervises an individual en16 gaged in those activities’’ after ‘‘including a hos17 tler’’; and 

18 (8) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(9) ‘transport motor vehicle’ means a motor 

21 vehicle used to transport any person employed by a 

22 railroad carrier or its independent contractors to or 

23 from a work site. 

24 ‘‘(10) ‘transport vehicle driver’ means a man25 ager, supervisor, official, agent, or other employee of 
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1 a railroad carrier or its independent contractor who 

2 drives a transport motor vehicle to or from a work 

3 site for the purpose of transporting persons em4 ployed by a railroad carrier or its independent con5 tractors.’’. 

6 SEC. 102. LIMITATIONS ON DUTY HOURS OF TRAIN EM7 PLOYEES. 

8 (a) GENERAL RULES.—Section 21103(a) is amend9 ed—

10 (1) by striking ‘‘officers’’ and inserting ‘‘man11 agers, supervisors, officers,’’; and 

12 (2) by striking paragraphs (1) and (2) and in13 serting in lieu thereof the following: 

14 ‘‘(1) unless that employee, during the prior 24 

15 hours, has had at least 8 consecutive hours off duty, 

16 during which the employee receives no communica17 tion from such employing railroad carrier or its 

18 managers, supervisors, officers, and agents; 

19 ‘‘(2) for a period in excess of 12 consecutive 

20 hours;

21 ‘‘(3) after that employee has been on duty for 

22 10 or more consecutive hours, unless that employee 

23 immediately after being released from such period of 

24 duty has at least 10 consecutive hours off duty; 
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1 ‘‘(4) unless that employee has received notice at 

2 least 8 hours before beginning such duty; 

3 ‘‘(5) unless that employee has had at least one 

4 period of at least 24 consecutive hours off duty in 

5 the past 7 days; and 

6 ‘‘(6) unless, when last released from duty at 

7 that employee’s home terminal, the employee had as 

8 much time off duty at the employee’s home terminal 

9 as the employee most recently had off duty at an 

10 away-from-home designated terminal of the em11 ployee. 

12 In the case of a dually employed employee, a railroad car13 rier shall not be held responsible for violating this sub14 section because of the employee’s work schedule for an15 other employer if none of the railroad carrier’s managers, 

16 supervisors, officers, and agents had actual knowledge of 

17 that work schedule. For purposes of the preceding sen18 tence, a railroad carrier’s managers, supervisors, officers, 

19 and agents shall be considered to have actual knowledge 

20 of the work schedules of the train employees of its inde21 pendent contractors. A railroad carrier shall be held re22 sponsible for the actions of its independent contractors in 

23 requiring or allowing a train employee to remain or go 

24 on duty.’’. 
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1 (b) DETERMINING TIME ON DUTY.—Section 

2 21103(b) is amended—

3 (1) in paragraph (3), by striking ‘‘the railroad 

4 carrier’’ and inserting ‘‘a railroad carrier or inde5 pendent contractor’’; 

6 (2) in paragraph (4), by inserting ‘‘or waiting 

7 on a train for deadhead transportation from a duty 

8 assignment’’ after ‘‘to a duty assignment’’; 

9 (3) in paragraph (7)(D), by striking ‘‘officer or 

10 agent’’ and inserting ‘‘manager, supervisor, officer, 

11 or agent’’; and 

12 (4) by inserting the following new paragraph at 

13 the end: 

14 ‘‘(8) All time on duty for any railroad carrier 

15 or independent contractor shall be included.’’. 

16 (c) NOTICE ABOUT DUAL EMPLOYMENT.—Section 

17 21103 is amended by adding at the end the following new 

18 subsection: 

19 ‘‘(d) NOTICE ABOUT DUAL EMPLOYMENT.—(1) Not 

20 later than January 31 each year, a railroad carrier shall 

21 inform in writing each train employee engaged in or con22 nected with the movement of a train the railroad carrier 

23 operates—

24 ‘‘(A) that all time spent performing aggregate 

25 duty for one or more railroad carriers and one or
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1 more independent contractors counts as time on 

2 duty under this section; 

3 ‘‘(B) about the employee’s responsibilities under 

4 paragraph (2); and 

5 ‘‘(C) about the penalties applicable under sec6 tion 21303 to a failure to comply with paragraph (2) 

7 of this subsection. 

8 ‘‘(2) A dually employed train employee shall—

9 ‘‘(A) inform each of his or her railroad carrier 

10 and independent contractor employers in writing 

11 within 5 days after entering into an employment re12 lationship with an additional railroad carrier or inde13 pendent contractor; and 

14 ‘‘(B) ensure that each of his or her railroad 

15 carrier and independent contractor employers is kept 

16 informed about the employee’s work schedule with 

17 each of the other employing railroad carriers and 

18 independent contractors. 

19 ‘‘(3) A railroad carrier or independent contractor re20 ceiving written notification of dual employment shall re21 tain a copy of the notification for a period of two years 

22 after the termination of such dual employment status. A 

23 copy of such notification shall be made available to rep24 resentatives of the Secretary of Transportation for inspec25 tion and copying during normal business hours at the rail-
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1 road carrier’s or independent contractor’s system head2 quarters and at such subsystem headquarters as may be 

3 required by the Secretary by regulation.’’. 

4 SEC. 103. LIMITATIONS ON DUTY HOURS OF SIGNAL EM5 PLOYEES. 

6 (a) GENERAL RULES.—Section 21104(a)(2) is 

7 amended—

8 (1) by striking ‘‘officers’’ and inserting ‘‘man9 agers, supervisors, officers,’’; and 

10 (2) by inserting after subparagraph (C) the fol11 lowing: 

12 ‘‘In the case of a dually employed employee, a railroad 

13 carrier shall not be held responsible for violating this para14 graph because of the employee’s work schedule for another 

15 employer if none of the railroad carrier’s managers, super16 visors, officers, and agents had actual knowledge of that 

17 work schedule. For purposes of the preceding sentence, a 

18 railroad carrier’s managers, supervisors, officers, and 

19 agents shall be considered to have actual knowledge of the 

20 work schedules of the signal employees of its independent 

21 contractors. A railroad carrier shall be held responsible for 

22 the actions of its independent contractors in requiring or 

23 allowing a signal employee to remain or go on duty.’’. 

24 (b) DETERMINING TIME ON DUTY.—Section 

25 21104(b) is amended—
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1 (1) in paragraph (2), by striking ‘‘the railroad 

2 carrier’’ and inserting ‘‘a railroad carrier or inde3 pendent contractor’’; 

4 (2) in paragraph (3), by striking ‘‘, except that 

5 up to one hour of that time spent returning from the 

6 final trouble call of a period of continuous or broken 

7 service is time off duty’’; and 

8 (3) by inserting the following new paragraph at 

9 the end: 

10 ‘‘(8) All time on duty for any railroad carrier 

11 or independent contractor shall be included.’’. 

12 (c) EMERGENCIES.—Section 21104(c) is amended by 

13 adding at the end the following: ‘‘In the case of a grade 

14 crossing at which a grade crossing protection device is con15 tinuously operating or wholly nonoperational, a signal em16 ployee may be allowed to remain or go on duty as provided 

17 under this subsection to prevent motorists from entering 

18 such grade crossing, but may not be allowed to remain 

19 or go on duty as provided under this subsection to repair 

20 or inspect the device. If a signal employee has not received 

21 8 or 10 consecutive hours off duty as required by sub22 section (a)(2), and such employee is called to duty between 

23 12 midnight and 6 a.m., the employee in his sole judgment 

24 may refuse to go on duty if he feels too tired to perform 

25 the work safely.’’. 
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1 (d) NOTICE ABOUT DUAL EMPLOYMENT.—Section 

2 21104 is amended by adding at the end the following new 

3 subsection: 

4 ‘‘(d) NOTICE ABOUT DUAL EMPLOYMENT.—(1) Not 

5 later than January 31 each year, a railroad carrier shall 

6 inform in writing each signal employee engaged in install7 ing, repairing, or maintaining signal systems for the rail8 road carrier—

9 ‘‘(A) that all time spent performing aggregate 

10 duty for one or more railroad carriers and one or 

11 more independent contractors counts as time on 

12 duty under this section; 

13 ‘‘(B) about the employee’s responsibilities under 

14 paragraph (2); and 

15 ‘‘(C) about the penalties applicable under sec16 tion 21303 to a failure to comply with paragraph (2) 

17 of this subsection. 

18 ‘‘(2) A dually employed signal employee shall—

19 ‘‘(A) inform each of his or her railroad carrier 

20 and independent contractor employers in writing 

21 within 5 days after entering into an employment re22 lationship with an additional railroad carrier or inde23 pendent contractor; and 

24 ‘‘(B) ensure that each of his or her railroad 

25 carrier and independent contractor employers is kept 
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1 informed about the employee’s work schedule with 

2 each of the other employing railroad carriers and 

3 independent contractors. 

4 ‘‘(3) A railroad carrier or independent contractor re5 ceiving written notification of dual employment shall re6 tain a copy of the notification for a period of two years 

7 after the termination of such dual employment status. A 

8 copy shall be made available to representatives of the Sec9 retary of Transportation for inspection and copying during 

10 normal business hours at the railroad carrier’s or inde11 pendent contractor’s system headquarters and at such 

12 subsystem headquarters as may be required by the Sec13 retary by regulation.’’. 

14 SEC. 104. LIMITATIONS ON DUTY HOURS OF DISPATCHING 

15 SERVICE EMPLOYEES AND POWER DIREC16 TORS. 

17 (a) APPLICATION.—Section 21105(a) is amended by 

18 inserting ‘‘or power director’’ after ‘‘dispatching service 

19 employee’’. 

20 (b) GENERAL RULES.—Section 21105(b) is amend21 ed—

22 (1) by striking ‘‘subsection (d)’’ and inserting 

23 ‘‘subsection (e)’’;
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1 (2) by inserting ‘‘by a railroad carrier or its 

2 managers, supervisors, officers, and agents’’ after 

3 ‘‘or allowed’’; and 

4 (3) by inserting after paragraph (2) the fol5 lowing: 

6 ‘‘In the case of a dually employed employee, a railroad 

7 carrier shall not be held responsible for violating this sub8 section because of the employee’s work schedule for an9 other employer if none of the railroad carrier’s managers, 

10 supervisors, officers, and agents had actual knowledge of 

11 that work schedule. For purposes of the preceding sen12 tence, a railroad carrier’s managers, supervisors, officers, 

13 and agents shall be considered to have actual knowledge 

14 of the work schedules of the dispatching service employees 

15 of its independent contractors. A railroad carrier shall be 

16 held responsible for the actions of its independent contrac17 tors in requiring or allowing a dispatching service em18 ployee to remain or go on duty.’’. 

19 (c) REDESIGNATION.—Subsections (c) and (d) of sec20 tion 21105 are redesignated as subsections (d) and (e), 

21 respectively. 

22 (d) POWER DIRECTORS.—Section 21105 is amended 

23 by inserting after subsection (b) the following new sub24 section: 
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1 ‘‘(c) POWER DIRECTORS.—A railroad carrier and its 

2 managers, supervisors, officers, and agents may not re3 quire or allow a power director to remain or go on duty 

4 for more than a total of 12 hours during a 24-hour pe5 riod.’’. 

6 (e) DETERMINING TIME ON DUTY.—Section 

7 21105(d), as so redesignated by subsection (c) of this sec8 tion, is amended to read as follows: 

9 ‘‘(d) DETERMINING TIME ON DUTY.—In determining 

10 under subsection (b) or (c) the time a dispatching service 

11 employee or power director is on or off duty, time spent 

12 performing any other service for one or more railroad car13 riers or independent contractors (or a combination there14 of) during a 24-hour period in which the employee is on 

15 duty in a tower, office, station, or other place is time on 

16 duty in that tower, office, station, or place, and counts 

17 toward the employee’s aggregate time on duty.’’. 

18 (f) NOTICE ABOUT DUAL EMPLOYMENT.—Section 

19 21105 is amended by adding at the end the following new 

20 subsection: 

21 ‘‘(f) NOTICE ABOUT DUAL EMPLOYMENT.—(1) Not 

22 later than January 31 each year, a railroad carrier shall 

23 inform each of its dispatching service employees and power 

24 directors in writing—
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1 ‘‘(A) that all time spent performing aggregate 

2 duty for one or more railroad carriers and one or 

3 more independent contractors counts as time on 

4 duty under this section; 

5 ‘‘(B) about the employee’s responsibilities under 

6 paragraph (2); and 

7 ‘‘(C) about the penalties applicable under sec8 tion 21303 to a failure to comply with paragraph (2) 

9 of this subsection. 

10 ‘‘(2) A dually employed dispatching service employee 

11 or power director shall—

12 ‘‘(A) inform each of his or her railroad carrier 

13 and independent contractor employers in writing 

14 within 5 days after entering into an employment re15 lationship with an additional railroad carrier or inde16 pendent contractor; and 

17 ‘‘(B) ensure that each of his or her railroad 

18 carrier and independent contractor employers is kept 

19 informed about the employee’s work schedule with 

20 each of the other employing railroad carriers and 

21 independent contractors. 

22 ‘‘(3) A railroad carrier or independent contractor re23 ceiving written notification of dual employment shall re24 tain a copy of the notification for a period of two years 

25 after the termination of such dual employment status. A 
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1 copy shall be made available to representatives of the Sec2 retary of Transportation for inspection and copying during 

3 normal business hours at the railroad carrier’s or inde4 pendent contractor’s system headquarters and at such 

5 subsystem headquarters as may be required by the Sec6 retary by regulation.’’. 

7 (g) TECHNICAL AMENDMENTS.—(1) The heading of 

8 section 21105 is amended by inserting ‘‘and power di9 rectors’’ after ‘‘service employees’’. 

10 (2) The item in the table of sections of chapter 211 

11 relating to section 21105 is amended by inserting ‘‘and 

12 power directors’’ after ‘‘service employees’’. 

13 SEC. 105. EMPLOYEE SLEEPING QUARTERS. 

14 Section 21106 is amended to read as follows: 

15 ‘‘§ 21106. Limitations on employee sleeping quarters 

16 ‘‘(a) GENERAL RULE.—A railroad carrier and its 

17 managers, supervisors, officers, and agents may provide 

18 sleeping quarters (including crew quarters, camp or bunk 

19 cars, and trailers) for employees, including signal employ20 ees, and for any individuals employed to maintain the 

21 right of way of a railroad carrier, only if the sleeping quar22 ters—

23 ‘‘(1) are clean, safe, and sanitary; 
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1 ‘‘(2) give those employees and other individuals 

2 an opportunity for rest free from the interruptions 

3 caused by noise; and 

4 ‘‘(3) provide a separate bedroom for each em5 ployee or other individual. 

6 ‘‘(b) LOCATION.—Effective January 1, 2004, sleep7 ing quarters referred to in subsection (a) shall not be lo8 cated in an area or in the immediate vicinity of an area, 

9 as determined under regulations prescribed by the Sec10 retary of Transportation, in which railroad switching or 

11 humping operations are performed. 

12 ‘‘(c) MAXIMUM NOISE LEVELS.—The Secretary, in 

13 prescribing regulations under this section, shall set max14 imum noise levels which may be experienced in sleeping 

15 quarters. Such levels shall be based in part on single event 

16 noise levels.’’. 

17 SEC. 106. FATIGUE MANAGEMENT PLANS. 

18 (a) AMENDMENT.—Chapter 211 is amended by add19 ing at the end the following new section: 

20 ‘‘§ 21109. Fatigue management plans 

21 ‘‘(a) PLAN SUBMISSION.—

22 ‘‘(1) REQUIREMENT.—(A) Each Class I and 

23 Class II railroad carrier, each railroad carrier pro24 viding intercity rail passenger transportation (as 

25 such term is defined in section 24102), and each
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1 railroad carrier providing commuter rail passenger 

2 transportation (as such term is defined in section 

3 24102), shall submit to the Secretary of Transpor4 tation a fatigue management plan that is designed 

5 to reduce the fatigue experienced by railroad employ6 ees employed by the railroad carrier or its inde7 pendent contractors and to reduce the likelihood of 

8 accidents and injuries caused by fatigue. The plan 

9 shall address safety effects of fatigue on all employ10 ees, including employees not covered by this chapter. 

11 The plan shall be submitted not later than 1 year 

12 after the date of the enactment of this section, or 

13 not later than 45 days prior to commencing oper14 ations, whichever is later. 

15 ‘‘(B) In the interest of railroad safety, addi16 tional categories or classes of railroad carriers may 

17 be required to submit a fatigue management plan, as 

18 determined under regulations prescribed by the Sec19 retary. 

20 ‘‘(C) The Secretary may require resubmission 

21 or revision of a fatigue management plan at any 

22 time. 

23 ‘‘(2) CONTENTS OF PLAN.—The fatigue man24 agement plan shall—

25 ‘‘(A) include the railroad carrier’s—
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1 ‘‘(i) reasons for deciding whether to 

2 include or not include each element de3 scribed in subsection (b)(2) and (3) in the 

4 fatigue management plan; and 

5 ‘‘(ii) analysis supporting each element 

6 included in the plan; 

7 ‘‘(B) describe how every condition on the 

8 railroad carrier’s property, and every type of 

9 employee, that is likely to be affected by fatigue 

10 is addressed in the plan; and 

11 ‘‘(C) include the name, title, address, and 

12 telephone number of the primary person to be 

13 contacted with regard to review of the plan. 

14 ‘‘(3) APPROVAL.—(A) The Secretary shall re15 view each proposed plan and proposed amendment 

16 to a plan and approve or disapprove such plan or 

17 amendment based on whether the requirements of 

18 this section are sufficiently and appropriately ad19 dressed and the proposals are adequately justified in 

20 the plan or amendment. 

21 ‘‘(B) If the proposed plan or amendment to the 

22 plan is not approved, the Secretary shall notify the 

23 affected railroad carrier as to the specific points in 

24 which the proposed plan or amendment to the plan 

25 is deficient, and the railroad carrier shall correct all 
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1 deficiencies within 30 days following receipt of writ2 ten notice from the Secretary. If a railroad carrier 

3 does not submit a plan (or, when directed by the 

4 Secretary, an amended plan), or if a railroad car5 rier’s amended plan is not approved by the Sec6 retary, the Secretary shall prescribe a fatigue man7 agement plan for the railroad carrier. 

8 ‘‘(4) AMENDMENTS.—Each affected railroad 

9 carrier shall file any proposed amendment to its plan 

10 with the Secretary not later than 60 days prior to 

11 the proposed effective date of the amendment. 

12 ‘‘(5) EMPLOYEE PARTICIPATION.—(A) Each af13 fected railroad carrier shall consult with, and employ 

14 good faith and use its best efforts to reach agree15 ment by consensus with, all of its directly affected 

16 employee groups on the contents of the fatigue man17 agement plan and amendments to the plan, and, ex18 cept as provided in subparagraph (C), shall jointly 

19 with such groups submit the plan and each amend20 ment to the plan to the Secretary. 

21 ‘‘(B) In the event that labor organizations rep22 resent classes or crafts of directly affected employees 

23 of the railroad carrier, the railroad carrier shall con24 sult with these organizations in drafting the plan 

25 and amendments to the plan. The Secretary may 
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1 provide assistance to such parties in the drafting of 

2 the plan and amendments to the plan. 

3 ‘‘(C) If the railroad carrier and its directly af4 fected employees (including any labor organization 

5 representing a class or craft of directly affected em6 ployees of the railroad carrier) cannot reach con7 sensus on the proposed contents of the plan or an 

8 amendment to the plan, then—

9 ‘‘(i) the railroad carrier shall file the plan 

10 or amendment with the Secretary; and 

11 ‘‘(ii) directly affected employees and labor 

12 organizations representing a class or craft of di13 rectly affected employees may, at their option, 

14 file a statement with the Secretary explaining 

15 their views on the plan or amendment on which 

16 consensus was not reached. 

17 ‘‘(b) ELEMENTS OF THE FATIGUE MANAGEMENT

18 PLAN.—

19 ‘‘(1) CONSIDERATION OF VARYING CIR20 CUMSTANCES.—Each plan filed with the Secretary 

21 under the procedures of subsection (a) shall take 

22 into account the varying circumstances of operations 

23 by the railroad carrier on different parts of its sys24 tem, and shall prescribe appropriate fatigue counter25 measures to address those varying circumstances. 
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1 ‘‘(2) ISSUES AFFECTING ALL EMPLOYEES.—

2 With respect to all directly affected employees, in3 cluding scheduled employees and nonscheduled em4 ployees, the railroad carrier shall consider the need 

5 to include in its fatigue management plan elements 

6 addressing each of the following issues: 

7 ‘‘(A) Education and training on the phys8 iological and psychological factors that affect 

9 fatigue, as well as strategies to counter fatigue, 

10 based on current and evolving scientific and 

11 medical research and literature. 

12 ‘‘(B) Opportunities for identification, diag13 nosis, and treatment of sleep disorders, includ14 ing—

15 ‘‘(i) screenings as part of required 

16 physical examinations; 

17 ‘‘(ii) questionnaires to identify em18 ployees at risk; and 

19 ‘‘(iii) home screening of employees, 

20 with the results thereof assessed by physicians 

21 with a specialization in sleep disorders. 

22 ‘‘(C) Effects on employee fatigue of emer23 gency response involving both short-term emer24 gency situations, including derailments, and
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1 long-term emergency situations, including nat2 ural disasters. 

3 ‘‘(D) Scheduling practices involving train 

4 lineups and calling times, including work/rest 

5 cycles for shift workers and on-call employees 

6 that permit employees to compensate for cumu7 lative sleep loss by guaranteeing a minimum 

8 number of consecutive days off (exclusive of 

9 time off due to illness or injury). 

10 ‘‘(E) Minimizing the incidence of fatigue 

11 due to rotating shifts. 

12 ‘‘(F) The effects of staffing levels and 

13 workloads on fatigue. 

14 ‘‘(G) Alertness strategies, such as policies 

15 on napping, to address acute sleepiness and fa16 tigue while an employee is on duty. 

17 ‘‘(H) Opportunities to obtain restful sleep 

18 at lodging facilities, including sleeping quarters 

19 provided by the railroad carrier. 

20 ‘‘(I) In connection with the scheduling of a 

21 duty call, increasing the number of consecutive 

22 hours of rest off duty, during which an em23 ployee receives no communication from the em24 ploying railroad carrier or its managers, super25 visors, officers, or agents.
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1 ‘‘(J) Avoiding abrupt changes in rest cy2 cles for employees returning to duty after an 

3 extended absence due to circumstances such as 

4 illness, injury, or vacation. 

5 ‘‘(3) ISSUES AFFECTING NONSCHEDULED EM6 PLOYEES.—With respect only to nonscheduled em7 ployees, the railroad carrier shall consider the need 

8 to include in its fatigue management plan elements 

9 addressing each of the following issues: 

10 ‘‘(A) Lengthening the notice provided to 

11 an employee of the time to report for duty. 

12 ‘‘(B) Work/rest cycles that guarantee a 

13 greater minimum number of consecutive days 

14 off than is afforded to scheduled employees (ex15 clusive of time off due to illness or injury). 

16 ‘‘(c) WAIVER.—

17 ‘‘(1) PETITION.—A railroad carrier and all 

18 labor organizations representing any class or craft of 

19 directly affected employees of the railroad carrier 

20 may jointly request, as part of a proposed fatigue 

21 management plan, the waiver of any provisions of 

22 this chapter. The Secretary shall publish any peti23 tion for such a waiver in the Federal Register and 

24 shall provide all parties an opportunity to comment 

25 on the petition. The Secretary shall also, on the re-
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1 quest of any interested party, conduct a hearing on 

2 the petition. 

3 ‘‘(2) AUTHORITY TO WAIVE.—The Secretary is 

4 authorized to waive any provision of this chapter 

5 pursuant to a request under paragraph (1) or para6 graph (3) if the petition demonstrates to the Sec7 retary’s satisfaction that—

8 ‘‘(A) the waiver permits procedures that 

9 are essential to achieving the objectives of re10 ducing fatigue and enhancing safety, which 

11 would not be lawful without the waiver; and 

12 ‘‘(B) the plan effectively protects the safe13 ty interest addressed by the provision to be 

14 waived. 

15 ‘‘(3) WHEN EMPLOYEES ARE NOT REP16 RESENTED BY LABOR ORGANIZATIONS.—In the 

17 event that labor organizations do not represent 

18 classes or crafts of directly affected employees of a 

19 railroad carrier, the railroad carrier may, after con20 sulting with all of its directly affected employees or 

21 employee groups in drafting the waiver request, re22 quest the waiver of any provisions of this chapter, 

23 subject to the same conditions and procedures as a 

24 request made under paragraph (1). 

25 ‘‘(d) COMPLIANCE AND ENFORCEMENT.—
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1 ‘‘(1) COMPLIANCE REQUIREMENT.—Effective 

2 upon approval or prescription of a fatigue manage3 ment plan and amendments thereto under this sec4 tion, compliance with that fatigue management plan 

5 and those amendments becomes mandatory and en6 forceable by the Secretary. 

7 ‘‘(2) EFFECTIVE DATE.—A fatigue manage8 ment plan may include effective dates later than the 

9 date of approval of the plan, and may include dif10 ferent effective dates for different parts of the plan. 

11 ‘‘(3) AUDITS.—To enforce this section, the Sec12 retary may conduct inspections and periodic audits 

13 of a railroad carrier’s compliance with its fatigue 

14 management plan. 

15 ‘‘(e) DEFINITIONS.—For purposes of this section—

16 ‘‘(1) the term ‘directly affected employees’ 

17 means employees, including employees of an inde18 pendent contractor, to whose hours of service the 

19 terms of a fatigue management plan specifically 

20 apply; 

21 ‘‘(2) the term ‘interested party’ includes a labor 

22 organization representing employees of a railroad 

23 carrier performing work similar to the work per24 formed by the directly affected employees (who are 

25 not members of a labor organization) of another 
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1 railroad carrier requesting a waiver under subsection 

2 (c); 

3 ‘‘(3) the term ‘nonscheduled employee’ means 

4 an employee that is not a scheduled employee; and 

5 ‘‘(4) the term ‘scheduled employee’ means an 

6 employee who is assigned to work a tour of duty 

7 with a regular and predictable starting and stopping 

8 time.’’. 

9 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

10 sections for chapter 211 is amended by adding at the end 

11 the following new item:

‘‘21109. Fatigue management plans.’’.

12 SEC. 107. CONFORMING AMENDMENTS. 

13 (a) Section 21102(a)(4) is amended by striking ‘‘offi14 cer or agent’’ and inserting ‘‘manager, supervisor, officer, 

15 or agent’’. 

16 (b) Section 21303(a)(1) is amended by inserting ‘‘or 

17 21109’’ after ‘‘section 21108’’. 

18 (c) Section 21303(c) is amended by striking ‘‘officers 

19 and agents’’ and inserting ‘‘managers, supervisors, offi20 cers, agents, and independent contractors’’. 

21 SEC. 108. LIMITATIONS ON DUTY HOURS OF TRANSPORT 

22 VEHICLE DRIVERS. 

23 (a) AMENDMENT.—Chapter 211 is amended by add24 ing at the end the following new section:
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1 ‘‘§ 21110. Limitations on duty hours of transport vehi2 cle drivers 

3 ‘‘(a) GENERAL.—Except as provided in subsection (c) 

4 of this section, a railroad carrier and its managers, super5 visors, officers, and agents may not require or allow a 

6 transport vehicle driver to remain or go on duty—

7 ‘‘(1) unless that transport vehicle driver has 

8 had at least 8 consecutive hours off duty, during 

9 which the transport vehicle driver receives no com10 munication from such employing railroad carrier or 

11 its managers, supervisors, officers, and agents, dur12 ing the prior 24 hours; 

13 ‘‘(2) for a period in excess of 10 consecutive 

14 hours; 

15 ‘‘(3) unless that transport vehicle driver has re16 ceived notice at least 8 hours before going on duty; 

17 and 

18 ‘‘(4) unless that transport vehicle driver has 

19 had at least one period of at least 24 consecutive 

20 hours off duty in the past 7 days. 

21 In the case of a dually employed transport vehicle driver, 

22 a railroad carrier shall not be held responsible for violating 

23 this subsection because of the transport vehicle driver’s 

24 work schedule for another employer if none of the railroad 

25 carrier’s managers, supervisors, officers, and agents had 

26 actual knowledge of that work schedule. For purposes of 
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1 the preceding sentence, a railroad carrier’s managers, su2 pervisors, officers, and agents shall be considered to have 

3 actual knowledge of the work schedules of the transport 

4 vehicle driver employees of its independent contractors. A 

5 railroad carrier shall be held responsible for the actions 

6 of its independent contractors in requiring or allowing a 

7 transport vehicle driver to remain or go on duty. 

8 ‘‘(b) DETERMINING TIME ON DUTY.—In determining 

9 under subsection (a) of this section the time a transport 

10 vehicle driver is on or off duty, the following rules apply: 

11 ‘‘(1) Time on duty begins when the transport 

12 vehicle driver reports for duty and ends when the 

13 transport vehicle driver is finally released from duty. 

14 ‘‘(2) Time when the transport vehicle driver is 

15 engaged in or connected with the movement of a 

16 transport motor vehicle is time on duty, even when 

17 such vehicle is not actually transporting employees 

18 of a railroad carrier or its independent contractor. 

19 ‘‘(3) Time spent performing any other service 

20 for a railroad carrier or for an independent con21 tractor for the benefit of a railroad carrier during a 

22 24-hour period in which the transport vehicle driver 

23 is engaged in or connected with the movement of a 

24 transport motor vehicle is time on duty. 
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1 ‘‘(c) EMERGENCIES.—A transport vehicle driver, who 

2 encounters an emergency and cannot, because of that 

3 emergency, safely complete a transportation assignment 

4 within the 10-hour maximum driving time permitted by 

5 subsection (a)(2), may drive and be permitted or required 

6 to drive a transport motor vehicle for not more than 2 

7 additional hours in order to complete that transportation 

8 assignment or to reach a place offering safety for the occu9 pants of the transport motor vehicle and security for the 

10 transport motor vehicle, if such transportation assignment 

11 reasonably could have been completed within such 10-hour 

12 period absent the emergency. A railroad carrier shall exer13 cise due diligence to avoid or limit excess service even in 

14 the event of an emergency. 

15 ‘‘(d) NOTICE ABOUT DUAL EMPLOYMENT.—(1) Not 

16 later than January 31 each year, a railroad carrier shall 

17 inform each of its transport vehicle drivers in writing—

18 ‘‘(A) that all time spent performing aggregate 

19 duty for one or more railroad carriers and one or 

20 more independent contractors counts as time on 

21 duty under this section; 

22 ‘‘(B) about the transport vehicle driver’s re23 sponsibilities under paragraph (2); and 
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1 ‘‘(C) about the penalties applicable under sec2 tion 21303 to a failure to comply with paragraph (2) 

3 of this subsection. 

4 ‘‘(2) A dually employed transport vehicle driver 

5 shall—

6 ‘‘(A) inform each of his or her railroad carrier 

7 and independent contractor employers in writing 

8 within 5 days after entering into an employment re9 lationship with an additional railroad carrier or inde10 pendent contractor; and 

11 ‘‘(B) ensure that each of his or her railroad 

12 carrier and independent contractor employers is kept 

13 informed about the transport vehicle driver’s work 

14 schedule with each of the other employing railroad 

15 carriers and independent contractors. 

16 ‘‘(3) A railroad carrier or independent contractor re17 ceiving written notification of dual employment shall re18 tain a copy of the notification for a period of two years 

19 after the termination of such dual employment status. A 

20 copy shall be made available to representatives of the Sec21 retary of Transportation for inspection and copying during 

22 normal business hours at the railroad carrier’s or inde23 pendent contractor’s system headquarters and at such 

24 subsystem headquarters as may be required by the Sec25 retary by regulation.’’. 
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1 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

2 sections for chapter 211 is amended by adding after the 

3 item relating to section 21109 the following new item:

‘‘21110. Limitations on duty hours of transport vehicle drivers.’’.

4 SEC. 109. ELECTRONIC RECORDKEEPING. 

5 (a) AMENDMENT.—Chapter 211 is amended by add6 ing at the end the following new section: 

7 ‘‘§ 21111. Electronic recordkeeping 

8 ‘‘In rules or waivers issued under this part con9 cerning recordkeeping related to compliance with this 

10 chapter, the Secretary of Transportation shall, where ap11 propriate, permit that records be made, maintained, or 

12 submitted by electronic means. The Secretary shall ensure 

13 that railroad carriers making, maintaining, or submitting 

14 such records by electronic means—

15 ‘‘(1) provide adequate training to their employ16 ees on how to use those electronic means; and 

17 ‘‘(2) establish appropriate safeguards to ensure 

18 data integrity.’’. 

19 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

20 sections for chapter 211 is amended by adding after the 

21 item relating to 21110 the following new item:

‘‘21111. Electronic recordkeeping.’’.
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1 SEC. 110. SPLIT SHIFTS. 

2 Section 21103, as amended by section 102 of this 

3 Act, is further amended by adding at the end the following 

4 new subsection: 

5 ‘‘(e) SPLIT SHIFTS.—(1) A railroad carrier and its 

6 managers, supervisors, officers, and agents may require 

7 a train employee to work a split shift only if the split shift 

8 begins between 12:01 a.m. and 11:59 a.m. and ends before 

9 2:00 a.m. on the day following the day on which the shift 

10 begins. 

11 ‘‘(2) For purposes of this subsection, the term ‘split 

12 shift’ means a tour of duty in which an employee, having 

13 just completed a rest period of at least 8 hours, reports 

14 for duty, works an initial work period, has an interim pe15 riod for rest of at least 4 hours but less than 8 hours 

16 at the employee’s designated terminal, and then works one 

17 or more additional work periods before being released for 

18 a rest period of at least 8 hours. 

19 ‘‘(3) For railroad carriers providing commuter rail 

20 passenger transportation, as defined in section 24102 of 

21 this title, and with respect to train employees engaged in 

22 such transportation, this subsection shall take effect 90 

23 days after the date of the enactment of the Railroad Safe24 ty Reform Act of 2003. For railroad carriers other than 

25 those providing such commuter rail passenger transpor26 tation, and for train employees engaged in other forms of 
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1 railroad transportation, this subsection shall take effect 2 

2 years after the date of the enactment of the Railroad Safe3 ty Reform Act of 2003.’’. 

4 SEC. 111. ROTATING SHIFTS. 

5 (a) AMENDMENT.—Chapter 211 is amended by add6 ing at the end the following new section: 

7 ‘‘§ 21112. Rotating shifts 

8 ‘‘(a) GENERAL RULE.—Except as provided in sec9 tions 21103(c), 21104(c), and 21105(e), a railroad carrier 

10 and its managers, supervisors, officers, and agents may 

11 not require or allow an employee to report for duty to 

12 begin an 8-hour shift which begins at a time that is more 

13 than 4 hours earlier or more than 6 hours later than the 

14 time of day when that employee, within the previous 72 

15 hours, began a prior 8-hour shift. 

16 ‘‘(b) DETERMINING TIME ON DUTY.—For purposes 

17 of this section, the rules for determining time on duty stat18 ed in sections 21103(b), 21104(b), and 21105(d), as ap19 propriate, shall apply. 

20 ‘‘(c) STUDY.—Not later than 2 years after the date 

21 of the enactment of the Railroad Safety Reform Act of 

22 2003, the Secretary of Transportation shall transmit to 

23 the Congress the results of a study of—

24 ‘‘(1) the effect of rotating shifts on employee 

25 fatigue; and 
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1 ‘‘(2) alternative methods of preventing fatigue 

2 due to rotating shifts. 

3 Such report may include proposals for revisions to this 

4 chapter. 

5 ‘‘(d) DEFINITION.—For purposes of this section, the 

6 term ‘8-hour shift’ means a period during which an em7 ployee is on duty for 8 consecutive hours or longer.’’.

8 (b) CONFORMING AMENDMENT.—The table of sec9 tions for chapter 211 is amended by adding at the end 

10 the following new item:

‘‘21112. Rotating shifts.’’.

11 SEC. 112. RECOMMENDATIONS ON HOURS OF SERVICE 

12 CHANGES. 

13 The Railroad Safety Advisory Committee shall con14 vene a working group to consider what legislative changes 

15 might be appropriate to chapter 211 of title 49, United 

16 States Code, relating to hours of service. Not later than 

17 9 months after the date of the enactment of this Act, the 

18 Advisory Committee shall report to the Administrator of 

19 the Federal Railroad Administration on whether it has 

20 reached consensus on any recommended changes, and if 

21 so what they are. The Administrator shall transmit the 

22 recommendations of the Advisory Committee to the Con23 gress. If the Advisory Committee has not reached con24 sensus on any recommendations, the Administrator shall, 

25 not later than 6 months after receiving the report of the 
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1 Advisory Committee, transmit to the Congress the Admin2 istrator’s recommendations for appropriate legislative 

3 changes to such chapter 211.

4 TITLE II—PROTECTION OF 

5 EMPLOYEES AND WITNESSES 

6 SEC. 201. EXPANSION OF EMPLOYEE PROTECTIONS. 

7 (a) PROTECTED ACTIONS.—Section 20109(a) is 

8 amended to read as follows: 

9 ‘‘(a) PROTECTED ACTIONS.—A railroad carrier en10 gaged in interstate or foreign commerce, and an officer 

11 or employee of such a railroad carrier, shall not by threat, 

12 intimidation, or otherwise attempt to prevent an employee 

13 from, or discharge, discipline, or in any way discriminate 

14 against an employee for—

15 ‘‘(1) filing a complaint or bringing or causing 

16 to be brought a proceeding related to the enforce17 ment of this part or, as applicable to railroad safety, 

18 chapter 51 or 57 of this title; 

19 ‘‘(2) testifying in a proceeding described in 

20 paragraph (1); 

21 ‘‘(3) notifying, or attempting to notify, the rail22 road carrier of a work-related personal injury or 

23 work-related illness of an employee;
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1 ‘‘(4) cooperating with a safety investigation by 

2 the Secretary of Transportation or the National 

3 Transportation Safety Board; 

4 ‘‘(5) furnishing information to the Secretary of 

5 Transportation, the National Transportation Safety 

6 Board, or any other public official as to the facts re7 lating to any accident or incident resulting in injury 

8 or death to an individual or damage to property oc9 curring in connection with railroad transportation; 

10 or 

11 ‘‘(6) accurately reporting hours of duty or dual 

12 employment status pursuant to chapter 211.’’. 

13 (b) HAZARDOUS CONDITIONS.—Section 20109(b) is 

14 amended to read as follows: 

15 ‘‘(b) HAZARDOUS CONDITIONS.—(1) A railroad car16 rier engaged in interstate or foreign commerce, and an of17 ficer or employee of such a railroad carrier, shall not by 

18 threat, intimidation, or otherwise attempt to prevent an 

19 employee from, or discharge, discipline, or in any way dis20 criminate against an employee for—

21 ‘‘(A) reporting a hazardous condition; 

22 ‘‘(B) refusing to work when confronted by a 

23 hazardous condition related to the performance of 

24 the employee’s duties, if the conditions described in 

25 paragraph (2) exist; or
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1 ‘‘(C) refusing to authorize the use of any safe2 ty-related equipment, track, or structures, if the em3 ployee is responsible for the inspection or repair of 

4 the equipment, track, or structures, when the em5 ployee believes that the equipment, track, or struc6 tures are in a hazardous condition, if the conditions 

7 described in paragraph (2) exist. 

8 ‘‘(2) A refusal is protected under paragraph (1)(B) 

9 and (C) if—

10 ‘‘(A) the refusal is made in good faith and no 

11 reasonable alternative to the refusal is available to 

12 the employee; 

13 ‘‘(B) the employee reasonably concludes that—

14 ‘‘(i) the hazardous condition presents an 

15 imminent danger of death or serious injury; and 

16 ‘‘(ii) the urgency of the situation does not 

17 allow sufficient time to eliminate the danger 

18 without such refusal; and 

19 ‘‘(C) the employee, where possible, has notified 

20 the carrier of the existence of the hazardous condi21 tion and the intention not to perform further work, 

22 or not to authorize the use of the hazardous equip23 ment, track, or structures, unless the condition is 

24 corrected immediately. 
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1 ‘‘(3) This subsection does not apply to security per2 sonnel employed by a railroad carrier to protect individ3 uals and property transported by railroad.’’. 

4 (c) ENFORCEMENT AND DISPUTE RESOLUTION.—

5 Section 20109(c) is amended—

6 (1) by striking ‘‘DISPUTE RESOLUTION.—A 

7 dispute’’ and inserting ‘‘ENFORCEMENT AND DIS8 PUTE RESOLUTION.—(1) The Secretary of Trans9 portation may enforce this section under section 

10 20111, the Attorney General may enforce this sec11 tion under section 20112, and the States may en12 force this section under section 20113. 

13 ‘‘(2) Any employee aggrieved by a violation of sub14 section (a) or (b) may in a civil action obtain appropriate 

15 relief. 

16 ‘‘(3) A dispute’’; 

17 (2) by striking ‘‘180 days after it is filed’’ and 

18 inserting ‘‘60 days after it is filed if the violation is 

19 a form of discrimination that involves discharge, sus20 pension, or another action affecting pay, and 180 

21 days after the dispute, grievance, or claim is filed if 

22 the violation is a form of discrimination that does 

23 not involve discharge, suspension, or another action 

24 affecting pay’’; 
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1 (3) by striking the last sentence and inserting 

2 the following: ‘‘If the employee has been found by 

3 the Board, division, delegate, or board of adjustment 

4 to have been discharged, suspended, or otherwise 

5 discriminated against in violation of subsection (a) 

6 or (b) of this section, the employee shall be made 

7 whole, including reinstatement, with an award of 

8 back pay, and with all benefits and accumulated se9 niority. The employee may also be awarded punitive 

10 damages sufficient to deter the railroad carrier from 

11 such conduct in the future.’’; and 

12 (4) by adding at the end the following new 

13 paragraph: 

14 ‘‘(4) An employee may not seek relief under both 

15 paragraph (2) and paragraph (3) with respect to the same 

16 violation.’’. 

17 (d) PENALTIES.—

18 (1) CIVIL PENALTIES.—Section 21302(a)(1) is 

19 amended by striking ‘‘a regulation prescribed or 

20 order issued under chapter 201 of this title’’ and in21 serting ‘‘chapter 201 of this title, or a regulation 

22 prescribed or order issued under chapter 201,’’. 

23 (2) CRIMINAL PENALTIES.—Section 21311(a) is 

24 amended—
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1 (A) by striking ‘‘or’’ at the end of para2 graph (4); 

3 (B) by striking the period at the end of 

4 paragraph (5) and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(6) violates section 20109.’’. 

8 (e) EXCLUSION FROM EMPLOYMENT.—

9 (1) AMENDMENT.—Chapter 213 is amended by 

10 adding at the end the following new subchapter: 

11 ‘‘SUBCHAPTER III—EXCLUSION FROM 

12 EMPLOYMENT 

13 ‘‘§ 21321. Exclusion from employment 

14 ‘‘(a) EXCLUSION FROM EMPLOYMENT.—The Sec15 retary of Transportation may, in order to preserve railroad 

16 safety and protect safety-critical railroad employees from 

17 harassment and intimidation, issue an order excluding 

18 from employment by a railroad carrier as a safety-critical 

19 employee, including employment as a supervisor of a safe20 ty-critical employee, any individual—

21 ‘‘(1) who has violated section 20109 of this title 

22 or who has harassed or intimidated a railroad em23 ployee with the intent of discouraging that employee 

24 from reporting—

25 ‘‘(A) a reportable accident or injury; or 
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1 ‘‘(B) track, equipment, or operating prac2 tices that violate the standards promulgated by 

3 the Secretary pursuant to this part; and

4 ‘‘(2) who has demonstrated personal dishonesty 

5 or willful or continuing disregard for railroad safety 

6 or the integrity or accuracy of railroad safety report7 ing requirements under section 20901 of this title. 

8 ‘‘(b) OPPORTUNITY FOR HEARING.—An order under 

9 subsection (a) may be issued only after the individual who 

10 is the subject of the proposed order is given notice of the 

11 reasons for the proposed order and an opportunity for a 

12 hearing. 

13 ‘‘(c) DURATION.—An order under subsection (a) shall 

14 be of indefinite duration. Not less than 1 year after the 

15 issuance of such an order, an individual subject to such 

16 an order may petition the Secretary for the rescission of 

17 the order. The Secretary may grant such a petition if the 

18 Secretary finds that employment by a railroad carrier of 

19 the individual who was the subject of the order is not likely 

20 to result in a reduction in railroad safety or in an in21 creased likelihood of harassment and intimidation of safe22 ty-critical railroad employees.’’. 

23 (2) TABLE OF SECTIONS AMENDMENT.—The 

24 table of sections of part A of subtitle V is amended 

25 by adding at the end the following:
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‘‘SUBCHAPTER III—EXCLUSION FROM EMPLOYMENT 

‘‘21321. Exclusion from employment.’’.

1 (3) CONFORMING AMENDMENTS.—(A) The 

2 heading of chapter 213 is amended by inserting 

3 ‘‘AND REMEDIES’’ after ‘‘PENALTIES’’. 

4 (B) The item relating to chapter 213 in the 

5 table of chapters of subtitle V is amended by insert6 ing ‘‘AND REMEDIES’’ after ‘‘PENALTIES’’. 

7 SEC. 202. EMPLOYEE REPORTS. 

8 Section 20901(a) is amended—

9 (1) by striking ‘‘the carrier’s operations’’ and 

10 inserting in lieu thereof ‘‘the operations of the car11 rier or of any contractor to the carrier working on 

12 the carrier’s property or operating the carrier’s 

13 equipment’’; and 

14 (2) by inserting ‘‘The report shall also include 

15 copies of any written safety-related complaint or re16 port filed with the carrier by an employee or con17 tractor during the month, whether or not the com18 plaint or report relates to a reported accident or in19 cident.’’ after ‘‘contributed to the accident or inci20 dent.’’.

21 SEC. 203. AUDITS OF REPORTING. 

22 Section 20901 is amended by adding at the end the 

23 following new subsection: 
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1 ‘‘(c) AUDITS.—A railroad carrier shall at least annu2 ally have an audit conducted of the process by which it 

3 reports accidents and incidents pursuant to subsection (a). 

4 The audit shall determine whether the reporting process 

5 is substantially accurate as to the numbers and severity 

6 of accidents and incidents. The audit shall be conducted 

7 by an independent auditor approved by the Secretary.’’. 

8 SEC. 204. INTERFERING WITH OR HAMPERING SAFETY IN9 VESTIGATIONS. 

10 (a) AMENDMENT.—Subchapter II of chapter 213 is 

11 amended by adding at the end the following new section: 

12 ‘‘§ 21312. Interfering with or hampering safety inves13 tigations 

14 ‘‘(a) IN GENERAL.—It shall be unlawful for any per15 son knowingly to interfere with, obstruct, or hamper an 

16 investigation by the Secretary of Transportation con17 ducted under section 20703 or 20902 of this title, or a 

18 railroad investigation by the National Transportation 

19 Safety Board under chapter 11 of this title. 

20 ‘‘(b) INTIMIDATION AND HARASSMENT.—It shall be 

21 unlawful for any person, with regard to an investigation 

22 conducted by the Secretary under section 20703 or 20902 

23 of this title, or a railroad investigation by the National 

24 Transportation Safety Board under chapter 11 of this 

25 title, knowingly or intentionally to use intimidation, har-
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1 assment, threats, or physical force toward another person, 

2 or corruptly persuade another person, or attempt to do 

3 so, or engage in misleading conduct toward another per4 son, with the intent or effect of—

5 ‘‘(1) influencing the testimony or statement of 

6 any person; 

7 ‘‘(2) hindering, delaying, preventing, or dis8 suading any person from—

9 ‘‘(A) attending a proceeding or interview 

10 with, testifying before, or providing a written 

11 statement to, a National Transportation Safety 

12 Board railroad investigator, a Federal railroad 

13 safety inspector or State railroad safety inspec14 tor, or their superiors; 

15 ‘‘(B) communicating or reporting to a Na16 tional Transportation Safety Board railroad in17 vestigator, a Federal railroad safety inspector, 

18 or a State railroad safety inspector, or their su19 periors, information relating to the commission 

20 or possible commission of one or more violations 

21 of this part or of chapter 51 of this title; or 

22 ‘‘(C) recommending or using any legal 

23 remedy available to the Secretary under this 

24 title; or 

25 ‘‘(3) causing or inducing any person to—
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1 ‘‘(A) withhold testimony, or a statement, 

2 record, document, or other object, from the in3 vestigation; 

4 ‘‘(B) alter, destroy, mutilate, or conceal a 

5 statement, record, document, or other object 

6 with intent to impair the integrity or avail7 ability of the statement, record, document, or 

8 other object for use in the investigation; 

9 ‘‘(C) evade legal process summoning that 

10 person to appear as a witness, or to produce a 

11 statement, record, document, or other object, in 

12 the investigation; or 

13 ‘‘(D) be absent from an investigation to 

14 which such person has been summoned by legal 

15 process. 

16 ‘‘(c) ELEMENTS OF VIOLATION.—(1) For the pur17 poses of this section, the testimony or statement, or the 

18 record, document, or other object, need not be admissible 

19 in evidence or free from a claim of privilege. 

20 ‘‘(2) In a prosecution for an offense under this sec21 tion, no state of mind need be proved with respect to the 

22 circumstance that the investigation is being conducted by 

23 the Secretary under section 20703 or 20902 of this title 

24 or by the National Transportation Safety Board under 

25 chapter 11 of this title.
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1 ‘‘(d) CRIMINAL PENALTIES.—A person violating this 

2 section shall be fined under title 18, imprisoned for not 

3 more than two years, or both.’’. 

4 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

5 sections of subchapter II of chapter 213 is amended by 

6 adding at the end the following new item:

‘‘21312. Interfering with or hampering safety investigations.’’.

7 TITLE III—GRADE CROSSING 

8 SAFETY 

9 SEC. 301. TOLL-FREE NUMBER TO REPORT GRADE CROSS10 ING PROBLEMS. 

11 Section 20152 is amended to read as follows: 

12 ‘‘§ 20152. Emergency notification of grade crossing 

13 problems 

14 ‘‘By January 1, 2005, each railroad carrier shall—

15 ‘‘(1) establish and maintain a toll-free telephone 

16 service, for rights-of-way over which it dispatches 

17 trains, to directly receive calls reporting—

18 ‘‘(A) malfunctions of signals, crossing 

19 gates, and other devices to promote safety at 

20 the grade crossing of railroad tracks on those 

21 rights-of-way and public or private roads; and 

22 ‘‘(B) disabled vehicles blocking railroad 

23 tracks at such grade crossings; 

24 ‘‘(2) upon receiving a report of a malfunction or 

25 disabled vehicle pursuant to paragraph (1), imme-
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1 diately contact trains operating near the grade 

2 crossing to warn them of the malfunction or disabled 

3 vehicle;

4 ‘‘(3) upon receiving a report of a malfunction or 

5 disabled vehicle pursuant to paragraph (1), and 

6 after contacting trains pursuant to paragraph (2), 

7 contact appropriate public safety officials having ju8 risdiction over the grade crossing to provide them 

9 with the information necessary for them to direct 

10 traffic, assist in the removal of the disabled vehicle, 

11 or carry out other activities appropriate to respond12 ing to the hazardous circumstance; and 

13 ‘‘(4) ensure the placement at each grade cross14 ing on rights-of-way that it owns of appropriately lo15 cated signs, on which shall appear—

16 ‘‘(A) a toll-free telephone number to be 

17 used for placing calls described in paragraph 

18 (1) to the railroad carrier dispatching trains on 

19 that right-of-way; 

20 ‘‘(B) an explanation of the purpose of that 

21 toll-free number as described in paragraph (1); 

22 ‘‘(C) the grade crossing number assigned 

23 for that crossing by the National Highway-Rail 

24 Crossing Inventory established by the Depart-
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1 ment of Transportation and the Association of 

2 American Railroads; and 

3 ‘‘(D) a statement that reporting a disabled 

4 vehicle blocking the railroad tracks should be 

5 done immediately, before any attempt is made 

6 to remove the vehicle from the tracks. 

7 The Secretary of Transportation shall implement this sec8 tion through appropriate regulations.’’. 

9 SEC. 302. GRADE CROSSING SIGNAL VIOLATIONS. 

10 (a) AMENDMENTS.—Section 20151 is amended—

11 (1) by amending the section heading to read as 

12 follows: 

13 ‘‘§ 20151. Railroad trespassing, vandalism, and signal 

14 violation prevention strategy’’; 

15 (2) in subsection (a)—

16 (A) by striking ‘‘and vandalism affecting 

17 railroad safety’’ and inserting in lieu thereof ‘‘, 

18 vandalism affecting railroad safety, and viola19 tions of grade crossing signals’’; 

20 (B) by inserting ‘‘, concerning trespassing 

21 and vandalism,’’ after ‘‘such evaluation and re22 view’’; and 

23 (C) by inserting ‘‘The second such evalua24 tion and review, concerning violations of grade 
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1 crossing signals, shall be completed before No2 vember 2, 2004.’’ after ‘‘November 2, 1994.’’; 

3 (3) in the subsection heading of subsection (b), 

4 by inserting ‘‘FOR TRESPASSING AND VANDALISM

5 PREVENTION’’ after ‘‘OUTREACH PROGRAM’’; 

6 (4) in subsection (c)—

7 (A) by redesignating paragraphs (1) and 

8 (2) as subparagraphs (A) and (B), respectively; 

9 (B) by inserting ‘‘(1)’’ after ‘‘MODEL LEG10 ISLATION.—’’; and 

11 (C) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) Within 18 months after the date of the enact14 ment of the Railroad Safety Reform Act of 2003, the Sec15 retary, after consultation with State and local govern16 ments and railroad carriers, shall develop and make avail17 able to State and local governments model State legisla18 tion providing for civil or criminal penalties, or both, for 

19 violations of grade crossing signals.’’; and 

20 (5) by adding at the end the following new sub21 section: 

22 ‘‘(d) DEFINITION.—For purposes of this section, the 

23 term ‘violation of grade crossing signals’ includes any ac24 tion by a motorist, unless directed by an authorized safety 

25 officer—
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1 ‘‘(1) to drive around a grade crossing gate in 

2 a position intended to block passage over railroad 

3 tracks; 

4 ‘‘(2) to drive through a flashing grade crossing 

5 signal; 

6 ‘‘(3) to drive through a grade crossing with pas7 sive warning signs without ensuring that the grade 

8 crossing could be safely crossed before any train ar9 rived; and 

10 ‘‘(4) in the vicinity of a grade crossing, that 

11 creates a hazard of an accident involving injury or 

12 property damage at the grade crossing.’’. 

13 (b) CONFORMING AMENDMENT.—The item relating 

14 to section 20151 in the table of sections for subchapter 

15 II of chapter 201 is amended to read as follows:

‘‘20151. Railroad trespassing, vandalism, and signal violation prevention strategy.’’.

16 TITLE IV—PASSENGER SERVICE 

17 SAFETY STANDARDS 

18 SEC. 401. EMERGENCY WINDOWS. 

19 Section 20133 is amended by adding at the end the 

20 following new subsection: 

21 ‘‘(e) EMERGENCY WINDOWS.—(1) After January 1, 

22 2005, all railroad cars, including self-propelled cars, used 

23 for providing transportation for members of the general
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1 public shall have emergency windows installed in at least 

2 one half of their window locations. 

3 ‘‘(2) For purposes of this subsection, the term ‘emer4 gency window’ means a window designed to permit rapid 

5 and easy removal for passenger escape in an emergency 

6 without tools. 

7 ‘‘(3) This subsection shall not apply to railroad cars 

8 used by tourist, excursion, scenic, or historic railroads that 

9 are not part of the general system of railroad transpor10 tation and that do not operate at speeds in excess of 30 

11 miles per hour.’’. 

12 SEC. 402. PASSENGER RAILROAD SIGNAL SYSTEMS. 

13 (a) AMENDMENT.—(1) Section 20502 is amended by 

14 adding at the end the following new subsection: 

15 ‘‘(c) PASSENGER RAILROAD SIGNALS.—Each rail16 road line on which passenger service operates, except lines 

17 where automatic train stop or cab signaling equipment is 

18 in use for all passenger service, shall have installed ap19 proach and stop signals such that at least one approach 

20 signal intervenes between a passenger station stop and a 

21 subsequent stop signal.’’. 

22 (2) The amendment made by paragraph (1) shall 

23 take effect January 1, 2005. 

24 (b) STUDY.—The Secretary of Transportation shall, 

25 within 1 year after the date of the enactment of this Act, 
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1 transmit to the Congress a report on the results of a study 

2 of the safety implications of signal systems and their 

3 placement. In conducting the study, the Secretary shall 

4 consult with representatives of railroad labor, railroad 

5 management, and railroad equipment manufacturers. 

6 After transmitting the report, the Secretary shall initiate 

7 appropriate rulemaking proceedings under chapter 205 to 

8 implement the recommendations made in the report. 

9 SEC. 403. PASSENGER LOCOMOTIVE FUEL TANKS. 

10 (a) AMENDMENT.—Chapter 207 is amended by add11 ing at the end the following new section: 

12 ‘‘§ 20704. Passenger locomotive fuel tanks 

13 ‘‘(a) REQUIREMENTS.—Any locomotive manufac14 tured after the date of the enactment of the Railroad Safe15 ty Reform Act of 2003, and delivered to a railroad carrier 

16 on or after January 1, 2005, for use on passenger trains, 

17 except for a locomotive intended primarily for yard switch18 ing purposes, shall—

19 ‘‘(1) be equipped with fuel tanks that are inter20 nal and compartmentalized; 

21 ‘‘(2) be equipped with internal fuel tank bulkheads and skin that are either 3 22 ⁄8 inch steel plate 

23 with 25,000-pound yield strength or another mate24 rial of equivalent strength; and 
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1 ‘‘(3) have fuel tank vent systems that are de2 signed to prevent those systems from becoming a 

3 path of fuel loss in the event the tank is placed in 

4 an abnormal orientation due to a locomotive derail5 ing. 

6 ‘‘(b) DEFINITIONS.—For purposes of this section—

7 ‘‘(1) the term ‘compartmentalized’ means hav8 ing an interior divided into at least 4 separate com9 partments designed so that penetration of the exte10 rior skin of any 1 compartment shall result in loss 

11 of fuel only from that compartment; and 

12 ‘‘(2) the term ‘internal’ means having its lowest 

13 point at least 18 inches above the lowest point on 

14 the locomotive wheel tread, and being enclosed by, or 

15 part of, the locomotive structure.’’. 

16 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

17 sections of chapter 207 is amended by adding at the end 

18 the following new item:

‘‘20704. Passenger locomotive fuel tanks.’’.

19 SEC. 404. POSITIVE TRAIN CONTROL. 

20 (a) AMENDMENTS.—Section 20150 is amended—

21 (1) by striking ‘‘progress report’’ in the 

22 section heading; 

23 (2) by inserting ‘‘(a) PROGRESS REPORT.—’’ 

24 before ‘‘The Secretary of Transportation’’; and
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1 (3) by adding at the end the following new sub2 section: 

3 ‘‘(b) SCHEDULE FOR IMPLEMENTATION.—(1) The 

4 Secretary shall—

5 ‘‘(A) before March 31, 2004—

6 ‘‘(i) develop a model for assessing the risks 

7 associated with accident or injury on railroad 

8 corridors; 

9 ‘‘(ii) compile data on each railroad corridor 

10 to enable the application of the model developed 

11 under clause (i); and 

12 ‘‘(iii) rank railroad corridors on the basis 

13 of their risks associated with accident or injury; 

14 ‘‘(B) before October 1, 2004, identify high-pri15 ority railroad corridors the Secretary will require to 

16 be equipped with positive train control systems, 

17 which shall include, at a minimum, all railroad lines 

18 on which more than 42 regularly scheduled pas19 senger trains per week operate and all railroad lines 

20 on which more than 2,500,000 tons of hazardous 

21 materials are transported each year; and 

22 ‘‘(C) before October 1, 2005, issue regulations 

23 establishing standards for the use of positive train 

24 control systems and requiring their use on high-pri-
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1 ority railroad corridors by no later than September 

2 30, 2006. 

3 ‘‘(2) For purposes of this subsection—

4 ‘‘(A) the term ‘passenger train’ does not include 

5 trains operated by tourist, excursion, scenic, or his6 toric railroads that are not part of the general sys7 tem of railroad transportation and that do not oper8 ate at speeds in excess of 30 miles per hour; and 

9 ‘‘(B) the term ‘positive train control system’ 

10 means a system for automatically controlling the 

11 speed of or stopping a train to prevent collisions, en12 force speed restrictions, and protect roadway work13 ers and their equipment in the event that the train 

14 operator has failed to take appropriate action.’’. 

15 (b) CONFORMING AMENDMENT.—The item relating 

16 to section 20150 in the table of sections of subchapter II 

17 of chapter 201 is amended by striking ‘‘progress report’’. 

18 TITLE V—SAFETY RULEMAKING 

19 AND ENFORCEMENT 

20 SEC. 501. PURPOSE. 

21 Section 20101 is amended to read as follows: 

22 ‘‘§ 20101. Purpose 

23 ‘‘The purpose of this part is to assign and maintain 

24 safety as the highest priority in every area of railroad op-
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1 erations and to reduce railroad-related accidents and inci2 dents.’’. 

3 SEC. 502. RAILROAD SAFETY CONFERENCE. 

4 (a) IN GENERAL.—The Secretary of Transportation 

5 shall convene, within 6 months after the date of the enact6 ment of this Act and annually thereafter, a conference to 

7 determine what are the most important actions needed to 

8 improve the safety of railroad operations. Each such con9 ference shall provide an opportunity for the participants 

10 to present their views, respond to the views of other par11 ticipants, and discuss railroad safety issues with other 

12 participants so that a consensus can be reached. 

13 (b) PARTICIPANTS.—Each conference convened pur14 suant to subsection (a) shall include as participants, at 

15 a minimum, appropriate representatives of the Depart16 ment of Transportation, railroad management, railroad 

17 labor, railroad passengers, railroad equipment suppliers, 

18 and railroad shippers, as well as individuals representing 

19 community interests. 

20 (c) REPORT TO CONGRESS.—The Secretary of Trans21 portation shall, within 3 months after the completion of 

22 a conference convened pursuant to subsection (a), trans23 mit to the Congress a report summarizing the results of 

24 the conference.
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1 SEC. 503. RULEMAKING PROCESS. 

2 (a) AMENDMENT.—Subchapter I of chapter 201 is 

3 amended by inserting after section 20115 the following 

4 new section: 

5 ‘‘§ 20116. Rulemaking process 

6 ‘‘(a) RULES PROPOSED BY RAILROAD SAFETY ADVI7 SORY COMMITTEE.—A rule that has been proposed unani8 mously by the Railroad Safety Advisory Committee shall 

9 be issued as a proposed rule by the Secretary of Transpor10 tation without preparation of a regulatory analysis, regu11 latory evaluation, or any other assessment of the costs or 

12 benefits of the proposed rule, and without soliciting the 

13 approval or comment of any Federal agency or employee 

14 outside the Department of Transportation. 

15 ‘‘(b) INCORPORATION BY REFERENCE.—No rule or 

16 order issued by the Secretary under this part shall be ef17 fective if it incorporates by reference a code, rule, stand18 ard, requirement, or practice issued by an association or 

19 other entity that is not an agency of the Federal Govern20 ment, unless that reference is to a particular code, rule, 

21 standard, requirement, or practice adopted before the date 

22 on which the rule is issued by the Secretary, and unless 

23 the date on which the code, rule, standard, requirement, 

24 or practice was adopted is specifically cited in the rule.’’. 

25 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

26 sections of subchapter I of chapter 201 is amended by 
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1 adding after the item relating to section 20115 the fol2 lowing new item:

‘‘20116. Rulemaking process.’’.

3 SEC. 504. CRANE SAFETY. 

4 The Secretary of Transportation shall initiate a rule5 making, based on the recommendations of the Railroad 

6 Safety Advisory Committee, to ensure the safety of opera7 tors of railroad cranes and other hoisting equipment, and 

8 of railroad employees working in the vicinity of cranes and 

9 other hoisting equipment. If the Railroad Safety Advisory 

10 Committee has not made consensus recommendations 

11 within 12 months after the date of the enactment of this 

12 Act, the Secretary shall discharge the Committee of its 

13 responsibilities under this section and shall, within 24 

14 months after the date of the enactment of this Act, issue 

15 a final rule. 

16 SEC. 505. RAILROAD CAR VISIBILITY. 

17 Section 20148(b) is amended by striking ‘‘initiate a 

18 rulemaking proceeding to’’ and inserting ‘‘, not later than 

19 1 year after the date of the enactment of the Railroad 

20 Safety Reform Act of 2003,’’. 

21 SEC. 506. HIGH-SPEED RAIL NOISE REGULATION. 

22 (a) AMENDMENT.—Chapter 201 is amended by add23 ing a new section at the end as follows:
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1 ‘‘§ 20154. High-speed rail noise regulation 

2 ‘‘The Secretary of Transportation, in consultation 

3 with the Administrator of the Environmental Protection 

4 Agency, shall prescribe regulations addressing noise emis5 sions from high-speed rail systems, including magnetic 

6 levitation systems, when operating at speeds greater than 

7 150 miles per hour. Such regulations shall be prescribed 

8 to protect the public health and welfare, including the 

9 health and welfare of railroad employees, taking into ac10 count the degree of noise reduction achievable through the 

11 application of the best available technology and the cost 

12 of compliance. Regulations issued under this section shall 

13 be in lieu of railroad-related noise regulations issued pur14 suant to the Noise Control Act of 1972 (42 U.S.C. 

15 4916(a)) only for locomotives, cars, and consists of loco16 motives and cars, when operating at speeds greater than 

17 150 miles per hour.’’. 

18 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

19 sections of chapter 201 is amended by adding at the end 

20 the following new item:

‘‘20154. High-speed rail noise regulation.’’.

21 SEC. 507. TRACK SAFETY. 

22 Section 20142 is amended to read as follows: 

23 ‘‘§ 20142. Track safety 

24 ‘‘(a) SPEED OF INSPECTION VEHICLES.—Not later 

25 than one year after the date of the enactment of the Rail-
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1 road Safety Reform Act of 2003, the Secretary of Trans2 portation shall issue rules requiring that no track inspec3 tion shall be conducted from a vehicle traveling at a speed 

4 of more than 15 miles per hour, unless the Secretary can 

5 demonstrate that operations at higher speeds provide 

6 equally accurate inspection information. 

7 ‘‘(b) MAINTENANCE-OF-WAY EQUIPMENT.—(1) All 

8 track motor vehicles, self-propelled maintenance-of-way 

9 equipment, and other equipment which is designed with 

10 a wheeled carriage allowing the equipment to move along 

11 a railroad track shall be designed and maintained so as 

12 to conduct electrical current from one rail of the track to 

13 the other, enabling the activation of signal systems de14 signed to detect the presence of locomotives, cars, trains, 

15 and other rolling equipment on the track. 

16 ‘‘(2) All roadway work groups and lone roadway 

17 workers when working in a classification yard shall be 

18 equipped with portable equipment permitting the motion 

19 of freely rolling railroad cars to be automatically arrested. 

20 ‘‘(c) DEFINITIONS.—For purposes of this section—

21 ‘‘(1) the term ‘roadway work group’ means 2 or 

22 more roadway workers working together on a com23 mon task who are in direct communication with each 

24 other; and 
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1 ‘‘(2) the term ‘roadway worker’ means an em2 ployee of a railroad carrier, or of a contractor to a 

3 railroad carrier, including a maintenance-of-way 

4 worker or a signalman, who is working on or near 

5 railroad track. 

6 ‘‘(d) EFFECTIVE DATE.—Subsection (b)(1) shall take 

7 effect on January 1, 2005.’’. 

8 SEC. 508. ENHANCED INSPECTION AND INVESTIGATION AU9 THORITY UNDER THE FEDERAL RAILROAD 

10 SAFETY LAWS. 

11 Section 20107 is amended by inserting at the end the 

12 following new subsection: 

13 ‘‘(c) RAILROAD RADIO COMMUNICATIONS.—(1) To 

14 carry out the Secretary’s responsibilities under this part, 

15 officers, employees, or agents of the Secretary are author16 ized to conduct the following kinds of inspection and inves17 tigative activities at reasonable times and in a reasonable 

18 manner: 

19 ‘‘(A) To receive or assist in receiving a radio 

20 communication that is broadcast or transmitted over 

21 a railroad carrier’s dedicated frequency not for the 

22 use of the general public, with or without making 

23 their presence known to the sender or other receivers 

24 of the communication, and with or without obtaining
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1 the consent of the sender or other receivers of the 

2 communication. 

3 ‘‘(B) To communicate the existence, contents, 

4 substance, purport, effect, or meaning of a commu5 nication described in subparagraph (A). 

6 ‘‘(C) To record a communication described in 

7 subparagraph (A) by any means, including writing 

8 and tape recording. 

9 ‘‘(2) The purposes for which officers, employees, or 

10 agents of the Secretary are permitted to engage in the 

11 activities set forth in paragraph (1) of this subsection in12 clude rulemaking, accident investigation, and acquiring 

13 general information as to railroad operations. 

14 ‘‘(3) Information obtained in compliance with para15 graphs (1) and (2) of this subsection may not be used 

16 as evidence for the assessment or collection of civil pen17 alties, or for the implementation of other enforcement 

18 mechanisms provided in section 5122, 20702(b), 20111, 

19 20112, 20113, or 20114 of this title, or in any disciplinary 

20 proceeding by a railroad carrier, but may be used as back21 ground for further investigation which might lead to the 

22 discovery of other useful evidence. 

23 ‘‘(4) The authority granted by this subsection shall 

24 be an exception to the general prohibitions of section 605 
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1 of title 47, United States Code, and chapter 119 of title 

2 18, United States Code.’’. 

3 SEC. 509. EXPANSION OF EMERGENCY ORDER AUTHORITY. 

4 Section 20104(a)(1) is amended by striking ‘‘death 

5 or personal injury’’ and inserting ‘‘death, personal injury, 

6 or significant harm to the environment’’. 

7 SEC. 510. SAFETY INSPECTORS. 

8 Section 20115 is amended—

9 (1) by amending paragraph (1) of subsection 

10 (a) to read as follows: 

11 ‘‘(1) shall cover the costs of providing 400 rail12 road safety inspectors, in addition to those already 

13 employed by the Federal Railroad Administration as 

14 of October 1, 1998, to improve the safety of railroad 

15 carriers subject to this chapter;’’; 

16 (2) in subsection (c)(2), by striking ‘‘only to 

17 carry out this chapter’’ and inserting in lieu thereof 

18 ‘‘only for the purposes described in subsection 

19 (a)(1)’’; 

20 (3) in subsection (c)(3), by striking ‘‘of activi21 ties under’’ and all that follows through ‘‘financed 

22 by the fees’’ and inserting in lieu thereof ‘‘described 

23 in subsection (a)(1)’’; 

24 (4) in the heading of subsection (d), by striking 

25 ‘‘ANNUAL REPORT’’ and inserting ‘‘REPORTS’’;
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1 (5) in subsection (d)(1), by striking ‘‘90 days 

2 after the end of each fiscal year in which fees are 

3 collected under this section’’ and inserting in lieu 

4 thereof ‘‘180 days after the end of fiscal year 2006, 

5 and every 3 years thereafter’’; 

6 (6) in subsection (d)(1)(A), by striking ‘‘that 

7 fiscal year’’ and inserting in lieu thereof ‘‘the 3 pre8 vious fiscal years’’; 

9 (7) in subsection (d)(2), by striking ‘‘for a fis10 cal year’’; and 

11 (8) by striking subsection (e). 

12 TITLE VI—MISCELLANEOUS 

13 PROVISIONS 

14 SEC. 601. SAFETY CONSIDERATIONS IN GRANTS OR LOANS 

15 TO COMMUTER RAILROADS. 

16 Section 5329 is amended by adding at the end the 

17 following new subsection: 

18 ‘‘(c) COMMUTER RAILROAD SAFETY CONSIDER19 ATIONS.—In making a grant or loan under this chapter 

20 that concerns a railroad subject to the Secretary’s safety 

21 jurisdiction under section 20102 of this title, the Adminis22 trator of the Federal Transit Administration shall consult 

23 with the Administrator of the Federal Railroad Adminis24 tration concerning relevant safety issues. The Secretary 

25 may use appropriate authority under this chapter, includ-
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1 ing the authority to prescribe particular terms or cov2 enants under section 5334 of this title, to address any 

3 safety issues identified in the project supported by the 

4 loan or grant.’’. 

5 SEC. 602. TECHNICAL AMENDMENTS REGARDING ADJUST6 MENT OF CIVIL PENALTIES FOR INFLATION. 

7 (a) CHAPTER 201 GENERAL VIOLATIONS.—In sec8 tion 21301(a)(2), insert after ‘‘$10,000’’ and after 

9 ‘‘$20,000’’ the following: ‘‘, as adjusted pursuant to the 

10 Federal Civil Penalties Inflation Adjustment Act of 1990 

11 (28 U.S.C. 2461 note)’’.

12 (b) CHAPTER 201 ACCIDENT AND INCIDENT VIOLA13 TIONS AND CHAPTER 203–209 VIOLATIONS.—In section 

14 21302(a)(2), insert after ‘‘$10,000’’ and after ‘‘$20,000’’ 

15 the following: ‘‘, as adjusted pursuant to the Federal Civil 

16 Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 

17 2461 note)’’. 

18 (c) CHAPTER 211 VIOLATIONS.—In section 

19 21303(a)(2), insert after ‘‘$10,000’’ and after ‘‘$20,000’’ 

20 the following: ‘‘, as adjusted pursuant to the Federal Civil 

21 Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 

22 2461 note)’’.
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1 SEC. 603. CERTIFICATION OF LOCOMOTIVE ENGINEERS 

2 AND OTHER SAFETY-RELATED RAILROAD 

3 PERSONNEL. 

4 (a) AMENDMENT.—Section 20135 is amended to 

5 read as follows: 

6 ‘‘§ 20135. Certification of locomotive engineers and 

7 other safety-related railroad personnel 

8 ‘‘(a) IN GENERAL.—The Administrator of the Fed9 eral Railroad Administration shall establish a program for 

10 issuing certificates for—

11 ‘‘(1) carmen; 

12 ‘‘(2) conductors; 

13 ‘‘(3) dispatchers; 

14 ‘‘(4) locomotive engineers; 

15 ‘‘(5) power directors; 

16 ‘‘(6) signalmen; 

17 ‘‘(7) track inspectors; and 

18 ‘‘(8) trainmen, 

19 to individuals when the Administrator finds, after inves20 tigation, that the individuals are qualified for, and phys21 ically able to perform the duties related to, the position 

22 to be authorized by the certificates. After January 1, 

23 2005, no person shall carry out the responsibilities of the 

24 carman, conductor, dispatcher, locomotive engineer, power 

25 director, signalman, track inspector, or trainman unless
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1 that person has been certificated for that position by the 

2 Administrator. 

3 ‘‘(b) GENERAL QUALIFICATIONS.—The program es4 tablished under subsection (a)—

5 ‘‘(1) shall provide qualification standards and 

6 minimum training requirements for each type of po7 sition described in subsection (a); and 

8 ‘‘(2) shall require comprehensive knowledge of 

9 applicable railroad carrier operating practices and 

10 rules. 

11 ‘‘(c) LOCOMOTIVE ENGINEERS.—

12 ‘‘(1) QUALIFICATIONS.—The program estab13 lished under subsection (a), in the case of certifi14 cation of a locomotive engineer—

15 ‘‘(A) except as provided in paragraph 

16 (2)(A), shall require consideration, to the extent 

17 the information is available, of the motor vehi18 cle driving record of each individual seeking 

19 certification, including—

20 ‘‘(i) any denial, cancellation, revoca21 tion, or suspension of a motor vehicle oper22 ator’s license by a State for cause within 

23 the prior 5 years; and 
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1 ‘‘(ii) any conviction within the prior 5 

2 years of an offense described in section 

3 30304(a)(3)(A) or (B) of this title; 

4 ‘‘(B) may require, based on the individ5 ual’s driving record, disqualification or the 

6 granting of a certificate conditioned on require7 ments the Administrator prescribes; and 

8 ‘‘(C) shall require an individual seeking 

9 certification—

10 ‘‘(i) to request the chief driver licens11 ing official of each State in which the indi12 vidual has held a motor vehicle operator’s 

13 license within the prior 5 years to provide 

14 information about the individual’s driving 

15 record to the individual’s employer, pro16 spective employer, or the Administrator, as 

17 the Administrator requires; and 

18 ‘‘(ii) to make the request provided for 

19 in section 30305(b)(4) of this title for in20 formation to be sent to the individual’s em21 ployer, prospective employer, or the Ad22 ministrator, as the Administrator requires. 

23 ‘‘(2) WAIVERS.—(A) The Administrator shall 

24 prescribe standards and establish procedures for 

25 waiving paragraph (1)(A) for an individual or class
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1 of individuals who the Administrator decides are not 

2 currently unfit to operate a locomotive. However, the 

3 Administrator may waive paragraph (1)(A) for an 

4 individual or class of individuals with a conviction, 

5 cancellation, revocation, or suspension described in 

6 subparagraph (B)(i) or (ii) only if the individual or 

7 class, after the conviction, cancellation, revocation, 

8 or suspension, successfully completes a rehabilitation 

9 program established by a railroad carrier or ap10 proved by the Administrator. 

11 ‘‘(B) An individual may not be denied a certifi12 cate under paragraph (1)(A) because of—

13 ‘‘(i) a conviction for operating a motor ve14 hicle when under the influence of, or impaired 

15 by, alcohol or a controlled substance; or 

16 ‘‘(ii) the cancellation, revocation, or sus17 pension of the individual’s motor vehicle opera18 tor’s license for operating a motor vehicle when 

19 under the influence of, or impaired by, alcohol 

20 or a controlled substance, 

21 if the individual, after the conviction, cancellation, 

22 revocation, or suspension, successfully completes a 

23 rehabilitation program established by a railroad car24 rier or approved by the Administrator.
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1 ‘‘(3) OPPORTUNITY TO EXAMINE AND COMMENT

2 ON INFORMATION.—The Administrator, employer, or 

3 prospective employer, as appropriate, shall make in4 formation obtained under paragraph (1)(C) available 

5 to the individual. The individual shall be given an 

6 opportunity to comment in writing about the infor7 mation. Any comment shall be included in any 

8 record or file maintained by the Administrator, em9 ployer, or prospective employer that contains infor10 mation to which the comment is related. 

11 ‘‘(d) DELEGATION.—

12 ‘‘(1) IN GENERAL.—Subject to any regulations, 

13 supervision, and review the Administrator may pre14 scribe, the Administrator may delegate, to a quali15 fied private person or an employee under the super16 vision of that person, a matter related to—

17 ‘‘(A) the examination, testing, and inspec18 tion necessary to issue a certificate under this 

19 section; and 

20 ‘‘(B) issuing the certificate. 

21 ‘‘(2) RESCISSION.—The Administrator may re22 scind a delegation under this section at any time for 

23 any reason the Administrator considers appropriate. 

24 ‘‘(3) RECONSIDERATION.—A person affected by 

25 an action of a person to whom responsibilities have 
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1 been delegated under this subsection may apply for 

2 reconsideration of the action by the Administrator, 

3 and, on the Administrator’s own initiative, the Ad4 ministrator may reconsider the action of such a per5 son at any time. If the Administrator decides on re6 consideration that the action is unreasonable or un7 warranted, the Administrator shall change, modify, 

8 or reverse the action. If the Administrator decides 

9 that the action is warranted, the Administrator shall 

10 affirm the action. 

11 ‘‘(e) SUSPENSION OR REVOCATION.—

12 ‘‘(1) AUTHORITY.—The Administrator may re13 view the certification of any employee holding a cer14 tificate under this section. The Administrator may 

15 suspend or revoke a certificate issued under this sec16 tion if—

17 ‘‘(A) the employee, in the course of rail18 road employment, has engaged in or authorized 

19 a practice that endangers human life, including 

20 authorizing the use of unsafe equipment or 

21 track; or 

22 ‘‘(B) the Administrator decides after re23 viewing the actions or qualifications of the em24 ployee that railroad safety and the public inter25 est require such a suspension or revocation.
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1 The length of a suspension shall be at the discretion 

2 of the Administrator. In determining the length of a 

3 suspension, the Administrator shall take into ac4 count the seriousness of the unsafe practice and the 

5 employee’s past safety record. 

6 ‘‘(2) PROCEDURES.—Before acting to suspend 

7 or revoke a certificate, the Administrator shall ad8 vise the holder of the certificate of the charges or 

9 other reasons on which the Administrator relies for 

10 the proposed action. Except in an emergency, the 

11 Administrator shall provide the holder of the certifi12 cate with an opportunity to answer the charges and 

13 to be heard on why the certificate should not be sus14 pended or revoked. Except as provided in paragraph 

15 (3), the action of the Administrator suspending or 

16 revoking a certificate shall be stayed pending the 

17 outcome of an appeal under subsection (f). 

18 ‘‘(3) EMERGENCIES.—If the Administrator de19 termines that an emergency exists and that railroad 

20 safety requires that a suspension or revocation be ef21 fective immediately, then the Administrator’s action 

22 shall be effective immediately. 

23 ‘‘(f) APPEALS.—The Administrator shall establish an 

24 appropriate procedure through which a person adversely 

25 affected by—
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1 ‘‘(1) an action denying a certificate under this 

2 section; or 

3 ‘‘(2) an order suspending or revoking a certifi4 cate under subsection (e), 

5 may appeal such action or order. If a finding is made 

6 under that appeals procedure, after notice and an oppor7 tunity for a hearing, that railroad safety and the public 

8 interest do not require affirmation of the original action 

9 or order, the Administrator shall amend, modify, or re10 verse that action or order. 

11 ‘‘(g) CERTIFICATION OF SAFETY.—

12 ‘‘(1) BY A CARMAN.—(A) After January 1, 

13 2005, no locomotive, railroad car, or train shall de14 part its initial terminal until it has been inspected 

15 and its safety has been certified in writing by a car16 man certificated under this section. 

17 ‘‘(B) After January 1, 2005, no locomotive, 

18 railroad car, or train shall be used or operated after 

19 it has been repaired or reported to have a defect po20 tentially affecting safety until it has been inspected 

21 by a carman certificated under this section and its 

22 safety has been subsequently certified in writing by 

23 that carman. A safety certification made under this 

24 paragraph may be made conditional on the loco-
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1 motive, railroad car, or train being repaired at the 

2 first practical opportunity. 

3 ‘‘(2) BY A SIGNALMAN.—(A) After January 1, 

4 2005, no signal system shall be used to signal that 

5 a train may proceed or to control the movement of 

6 automobiles at grade crossings unless its safety has 

7 been certified in writing by a signalman certificated 

8 under this section in accordance with regulations 

9 issued by the Secretary of Transportation requiring 

10 such certification—

11 ‘‘(i) when a signal system is first placed in 

12 service; 

13 ‘‘(ii) after it has been modified or dis14 arranged; and 

15 ‘‘(iii) at least once a year.

16 The Secretary may by regulation require that cer17 tain kinds of signal systems be inspected and cer18 tified more frequently than is required by clauses (i) 

19 through (iii). 

20 ‘‘(B) After January 1, 2005, no signal system 

21 shall be used to signal that a train may proceed or 

22 to control the movement of automobiles at grade 

23 crossings after that signal system has been repaired 

24 or reported to have a defect potentially affecting 

25 safety until it has been inspected by a signalman 
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1 certificated under this section and its safety has 

2 been subsequently certified in writing by that signal3 man. 

4 ‘‘(3) BY A TRACK INSPECTOR.—(A) After Janu5 ary 1, 2005, no track shall be used to operate loco6 motives, railroad cars, or trains unless the safety of 

7 that track has been certified in writing by a track 

8 inspector certificated under this section each time 

9 the track is inspected as required by regulations 

10 issued by the Secretary under this chapter. In no 

11 event shall such inspections be required less often 

12 than once a month. 

13 ‘‘(B) After January 1, 2005, no track shall be 

14 used after it has been repaired or reported to have 

15 a defect potentially affecting safety until it has been 

16 inspected by a track inspector certificated under this 

17 section and its safety for its anticipated use has 

18 been subsequently certified in writing by that track 

19 inspector. 

20 ‘‘(h) AUTHORITY TO REFUSE TO OPERATE TRAINS

21 OR LOCOMOTIVES.—A locomotive engineer may refuse to 

22 operate a train or locomotive if that locomotive engineer 

23 is not satisfied that the train or locomotive can be oper24 ated safely. 

25 ‘‘(i) DEFINITIONS.—For purposes of this section—
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1 ‘‘(1) the term ‘carman’ means a railroad em2 ployee who inspects, tests, maintains, and repairs 

3 brakes, other mechanical systems and components, 

4 and safety appliances on railroad cars or loco5 motives; 

6 ‘‘(2) the term ‘conductor’ means a railroad road 

7 or yard employee who is in charge of a train’s pas8 sengers or freight; 

9 ‘‘(3) the term ‘dispatcher’ has the meaning 

10 given the term ‘dispatching service employee’ in sec11 tion 21101 of this title; 

12 ‘‘(4) the term ‘locomotive engineer’ means an 

13 operator of a locomotive other than—

14 ‘‘(A) a person who operates a locomotive 

15 solely within the confines of a locomotive repair 

16 or servicing area; and 

17 ‘‘(B) a person who operates a locomotive 

18 for short distances for inspection and mainte19 nance purposes; 

20 ‘‘(5) the term ‘power director’ has the meaning 

21 given such term in section 21101 of this title; 

22 ‘‘(6) the term ‘signalman’ has the meaning 

23 given the term ‘signal employee’ in section 21101 of 

24 this title;
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1 ‘‘(7) the term ‘track inspector’ means a railroad 

2 employee whose sole responsibility is to inspect 

3 track, report on its condition, and authorize its use 

4 by locomotives, railroad cars, and trains; and 

5 ‘‘(8) the term ‘trainman’ means a railroad road 

6 or yard employee who is under the supervision of a 

7 conductor.’’. 

8 (b) TABLE OF SECTIONS AMENDMENT.—The item 

9 relating to section 20135 in the table of sections of chap10 ter 201 is amended to read as follows:

‘‘20135. Certification of locomotive engineers and other safety-related railroad 

personnel.’’.

11 (c) EFFECT OF AMENDMENT.—Notwithstanding the 

12 amendment made by subsection (a), the requirements for 

13 licensing or certification of locomotive operators under sec14 tion 20135 as in effect before the date of the enactment 

15 of this Act shall continue in effect until the program estab16 lished under the amendment made by subsection (a) takes 

17 effect with respect to locomotive engineers. 

18 SEC. 604. TRANSPORT MOTOR VEHICLE INSPECTIONS. 

19 (a) DEFINITION.—Section 20301(a) is amended to 

20 read as follows: 

21 ‘‘(a) DEFINITIONS.—In this chapter—

22 ‘‘(1) the term ‘vehicle’ means a car, locomotive, 

23 tender, or similar vehicle; and 
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1 ‘‘(2) the term ‘transport motor vehicle’ means 

2 a motor vehicle used to transport employees of a 

3 railroad carrier or its independent contractors to or 

4 from a work site.’’. 

5 (b) INSPECTION REQUIREMENT.—Section 20302 is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(f) TRANSPORT MOTOR VEHICLES.—A railroad car9 rier shall not require or allow a transport motor vehicle 

10 to be used to transport employees to or from a work site, 

11 whether that transport motor vehicle is owned or operated 

12 by the railroad carrier or by an independent contractor 

13 to the railroad carrier, unless the transport motor vehicle 

14 has been tested and inspected at appropriate intervals, in 

15 accordance with regulations promulgated by the Secretary, 

16 to ensure that it has been properly maintained and can 

17 safely transport railroad employees.’’. 

18 SEC. 605. CONRAIL SAFETY EXEMPTION. 

19 Section 711 of the Regional Rail Reorganization Act 

20 of 1973 (45 U.S.C. 797j) is repealed. 

21 SEC. 606. SENIORITY RIGHTS. 

22 (a) AMENDMENT.—Part E of subtitle V is amended 

23 by adding at the end the following new chapter: 

24 ‘‘CHAPTER 285—SENIORITY RIGHTS

‘‘Sec. 

‘‘28501. Seniority rights.
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1 ‘‘§ 28501. Seniority rights 

2 ‘‘Reemployment rights, seniority rights, and the right 

3 to return to employment after a leave of absence from a 

4 railroad carrier, negotiated by a labor organization pursu5 ant to the Railway Labor Act, shall not be considered for 

6 purposes of section 208(b) of title 18 to be a financial 

7 interest so substantial as to be deemed likely to affect the 

8 integrity of the services which the Government may expect 

9 from an officer or employee who has such rights. Such 

10 an officer or employee shall be considered to have received 

11 in advance a written determination to that effect.’’. 

12 (b) TABLE OF CHAPTERS AMENDMENT.—The table 

13 of chapters of part E of subtitle V is amended by adding 

14 at the end the following new item:

‘‘285. SENIORITY RIGHTS ............................................................. 28501’’.

Æ