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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2095 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                        August 1, 2008.
    Resolved, That the bill from the House of Representatives (H.R. 
2095) entitled ``An Act to amend title 49, United States Code, to 
prevent railroad fatalities, injuries, and hazardous materials 
releases, to authorize the Federal Railroad Safety Administration, and 
for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE 49.

    (a) Short Title.--This Act may be cited as the ``Railroad Safety 
Enhancement Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; amendment of title 49.
Sec. 2. Definitions.
Sec. 3. Authorization of appropriations.
          Title I--Railroad Safety Risk Reduction and Strategy

Sec. 101. Establishment of chief safety officer.
Sec. 102. Railroad safety strategy.
Sec. 103. Railroad safety risk reduction pilot program.
Sec. 104. Railroad safety risk reduction program.
Sec. 105. Positive train control system implementation. 
Sec. 106. Hours-of-service reform.
Sec. 107. Protection of railroad safety risk analyses information.
    Title II--Highway-rail Grade Crossing And Pedestrian Safety and 
                         Trespasser Prevention

Sec. 201. Pedestrian crossing safety.
Sec. 202. State action plans.
Sec. 203. Improvements to sight distance at highway-rail grade 
                            crossings.
Sec. 204. National crossing inventory.
Sec. 205. Telephone number to report grade crossing problems.
Sec. 206. Operation Lifesaver.
Sec. 207. Federal grants to States for highway-rail grade crossing 
                            safety.
Sec. 208. Trespasser prevention and highway-rail crossing safety.
Sec. 209. Fostering introduction of new technology to improve safety at 
                            highway-rail grade crossings.
               Title III--Federal Railroad Administration

Sec. 301. Human capital increases.
Sec. 302. Civil penalty increases.
Sec. 303. Enforcement report.
Sec. 304. Prohibition of individuals from performing safety-sensitive 
                            functions for a violation of hazardous 
                            materials transportation law.
Sec. 305. Railroad radio monitoring authority.
Sec. 306. Emergency waivers.
Sec. 307. Federal rail security officers' access to information.
Sec. 308. Update of Federal Railroad Administration's website.
                 Title IV--Railroad Safety Enhancements

Sec. 401. Employee training.
Sec. 402. Certification of certain crafts or classes of employees.
Sec. 403. Track inspection time study.
Sec. 404. Study of methods to improve or correct station platform gaps.
Sec. 405. Locomotive cab studies.
Sec. 406. Railroad safety technology grants.
Sec. 407. Railroad safety infrastructure improvement grants.
Sec. 408. Amendment to the movement-for-repair provision.
Sec. 409. Development and use of rail safety technology. 
Sec. 410. Employee sleeping quarters.
Sec. 411. Employee protections.
Sec. 412. Unified treatment of families of railroad carriers.
Sec. 413. Study of repeal of Conrail provision.
Sec. 414. Limitations on non-federal alcohol and drug testing by 
                            railroad carriers.
Sec. 415. Critical incident stress plan.
Sec. 416. Railroad carrier employee exposure to radiation study.
Sec. 417. Alcohol and controlled substance testing for maintenance-of-
                            way employees.
           Title V--Rail Passenger Disaster Family Assistance

Sec. 501. Assistance by National Transportation Safety Board to 
                            families of passengers involved in rail 
                            passenger accidents.
Sec. 502. Rail passenger carrier plan to assist families of passengers 
                            involved in rail passenger accidents.
Sec. 503. Establishment of task force.
   Title VI--Clarification of Federal Jurisdiction Over Solid Waste 
                               Facilities

Sec. 601. Short title.
Sec. 602. Clarification of general jurisdiction over solid waste 
                            transfer facilities.
Sec. 603. Regulation of solid waste rail transfer facilities.
Sec. 604. Solid waste rail transfer facility land-use exemption 
                            authority.
Sec. 605. Effect on other statutes and authorities.
                    Title VII--Technical Corrections

Sec. 701. Technical corrections.
    (c) Amendment of Title 49.--Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or a repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of title 49, United States Code.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Crossing.--The term ``crossing'' means a location 
        within a State, other than a location where one or more 
        railroad tracks cross one or more railroad tracks at grade 
        where--
                    (A) a public highway, road, or street, or a private 
                roadway, including associated sidewalks and pathways, 
                crosses one or more railroad tracks either at grade or 
                grade-separated; or
                    (B) a pathway explicitly authorized by a public 
                authority or a railroad that is dedicated for the use 
                of nonvehicular traffic, including pedestrians, 
                bicyclists, and others, that is not associated with a 
                public highway, road, or street, or a private roadway, 
                crosses one or more railroad tracks either at grade or 
                grade-separated.
            (2) Department.--The term ``Department'' means the 
        Department of Transportation.
            (3) Railroad.--The term ``railroad'' has the meaning given 
        that term by section 20102 of title 49, United States Code.
            (4) Railroad carrier.--The term ``railroad carrier'' has 
        the meaning given that term by section 20102 of title 49, 
        United States Code.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (6) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, or the Commonwealth of Puerto 
        Rico.
    (b) In Title 49.--Section 20102 is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (2) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) `Class I railroad' means a railroad carrier that has 
        annual carrier operating revenues that meet the threshold 
        amount for Class I carriers, as determined by the Surface 
        Transportation Board under section 1201.1-1 of title 49, Code 
        of Federal Regulations.''; and
            (3) by adding at the end thereof the following:
            ``(4) `safety-related railroad employee' means--
                    ``(A) a railroad employee who is subject to chapter 
                211;
                    ``(B) another operating railroad employee who is 
                not subject to chapter 211;
                    ``(C) an employee who maintains the right of way of 
                a railroad carrier;
                    ``(D) an employee of a railroad carrier who is a 
                hazmat employee as defined in section 5102(3) of this 
                title;
                    ``(E) an employee who inspects, repairs, or 
                maintains locomotives, passenger cars or freight cars; 
                and
                    ``(F) any other employee of a railroad carrier who 
                directly affects railroad safety, as determined by the 
                Secretary.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 20117(a) is amended to read as follows:
    ``(a) In General.--
            ``(1) There are authorized to be appropriated to the 
        Secretary of Transportation to carry out this part and to carry 
        out responsibilities under chapter 51 as delegated or 
        authorized by the Secretary--
                    ``(A) $186,000,000 for fiscal year 2008;
                    ``(B) $221,000,000 for fiscal year 2009;
                    ``(C) $231,000,000 for fiscal year 2010;
                    ``(D) $237,000,000 for fiscal year 2011;
                    ``(E) $244,000,000 for fiscal year 2012; and
                    ``(F) $251,000,000 for fiscal year 2013.
            ``(2) With amounts appropriated pursuant to paragraph (1), 
        the Secretary may designate the following amounts for research 
        and development:
                    ``(A) $36,000,000.
                    ``(B) $34,000,000.
                    ``(C) $36,000,000.
                    ``(D) $37,000,000.
                    ``(E) $38,000,000.
                    ``(F) $39,000,000.
            ``(3) With amounts appropriated pursuant to paragraph (1), 
        the Secretary shall purchase Gage Restraint Measurement System 
        vehicles and track geometry vehicles or other comparable 
        technology as needed to assess track safety, consistent with 
        the results of the track inspection study required by section 
        403 of the Railroad Safety Enhancement Act of 2008.
            ``(4) Such sums as may be necessary from the amount 
        appropriated pursuant to paragraph (1) for each of the fiscal 
        years 2008 through 2013 shall be made available to the 
        Secretary for personnel in regional offices and in Washington, 
        D.C., whose duties primarily involve rail security.''.

          TITLE I--RAILROAD SAFETY RISK REDUCTION AND STRATEGY

SEC. 101. ESTABLISHMENT OF CHIEF SAFETY OFFICER.

    Section 103 is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (e), (f), and (g);
            (2) by inserting after subsection (b) the following:
    ``(c) Safety as Highest Priority.--In carrying out its duties, the 
Administration shall consider safety as the highest priority, 
recognizing the clear intent, encouragement, and dedication of Congress 
to the furtherance of the highest degree of safety in railroad 
transportation.
    ``(d) Chief Safety Officer.--The Administration shall have an 
Associate Administrator for Railroad Safety appointed in the career 
service by the Secretary. The Associate Administrator shall be the 
Chief Safety Officer of the Administration. The Associate Administrator 
shall carry out the duties and powers prescribed by the Administrator; 
and
            (3) by striking ``(c)(1)'' in subsection (f), as 
        redesignated, and inserting ``(e)(1)''.

SEC. 102. RAILROAD SAFETY STRATEGY.

    (a) Safety Goals.--In conjunction with existing federally-required 
and voluntary strategic planning efforts ongoing at the Department and 
the Federal Railroad Administration on the date of enactment of this 
Act, the Secretary shall develop a long-term strategy for improving 
railroad safety to cover a period of not less than 5 years. The 
strategy shall include an annual plan and schedule for achieving, at a 
minimum, the following goals:
            (1) Reducing the number and rates of accidents, injuries, 
        and fatalities involving railroads including train collisions, 
        derailments, and human factors.
            (2) Improving the consistency and effectiveness of 
        enforcement and compliance programs.
            (3) Improving the identification of high-risk highway-rail 
        grade crossings and strengthening enforcement and other methods 
        to increase grade crossing safety.
            (4) Improving research efforts to enhance and promote 
        railroad safety and performance.
            (5) Preventing railroad trespasser accidents, injuries, and 
        fatalities.
            (6) Improving the safety of railroad bridges, tunnels, and 
        related infrastructure to prevent accidents, injuries, and 
        fatalities caused by catastrophic failures and other bridge and 
        tunnel failures.
    (b) Resource Needs.--The strategy and annual plan shall include 
estimates of the funds and staff resources needed to accomplish the 
goals established by subsection (a). Such estimates shall also include 
the staff skills and training required for timely and effective 
accomplishment of each such goal.
    (c) Submission With the President's Budget.--The Secretary shall 
submit the strategy and annual plan to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure at the same time as the 
President's budget submission.
    (d) Achievement of Goals.--
            (1) Progress assessment.--No less frequently than annually, 
        the Secretary shall assess the progress of the Department 
        toward achieving the strategic goals described in subsection 
        (a). The Secretary shall identify any deficiencies in achieving 
        the goals within the strategy and develop and institute 
        measures to remediate such deficiencies.
            (2) Report to congress.--Not later than November 1st of 
        each year, the Secretary shall transmit a report to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure on the performance of the Federal Railroad 
        Administration containing the progress assessment required by 
        paragraph (1) toward achieving the goals of the railroad safety 
        strategy and annual plans under subsection (a).

SEC. 103. RAILROAD SAFETY RISK REDUCTION PILOT PROGRAM.

    (a) In General.--Subchapter II of chapter 201 is amended by adding 
at the end thereof the following:
``Sec. 20156. Railroad safety risk reduction pilot program
    ``(a) Pilot Program.--
            ``(1) In general.--In conjunction with ongoing behavior-
        based safety research at the Department of Transportation, the 
        Secretary shall develop a 4-year railroad safety risk reduction 
        pilot program to systematically evaluate and manage railroad 
        safety risks with the goal of reducing the numbers and rates of 
        railroad accidents, injuries, and fatalities. Not later than 1 
        year after the date of enactment of the Railroad Safety 
        Enhancement Act of 2008, the Secretary shall, in coordination 
        with selected railroads, railroad facilities, nonprofit 
        employee labor organizations that represent safety-related 
        railroad employees employed at such railroad or railroad 
        facility, and any other entities that the Secretary determines 
        to be relevant, at a minimum--
                    ``(A) identify the aspects of a selected railroad 
                or railroad facility, including operating practices, 
                infrastructure, equipment, employee levels and 
                schedules, safety culture, management structure, 
                employee training, and other matters, including those 
                not covered by railroad safety regulations or other 
                Federal regulations, that impact railroad safety;
                    ``(B) evaluate how these aspects of a selected 
                railroad or railroad facility increase or decrease 
                risks to railroad safety;
                    ``(C) develop a safety risk reduction program to 
                improve the safety of a selected railroad or railroad 
                facility by reducing the numbers and rates of 
                accidents, injuries, and fatalities through--
                            ``(i) the mitigation of the aspects of a 
                        selected railroad or railroad facility that 
                        increase risks to railroad safety; and
                            ``(ii) the enhancement of aspects of a 
                        selected railroad or railroad facility that 
                        decrease risks to railroad safety; and
                    ``(D) incorporate into the program the 
                consideration and use of existing, new, or novel 
                technology, operating practices, risk management 
                practices or other behavior-based practices that could 
                improve railroad safety at the selected railroad or 
                railroad facility.
            ``(2) Implementation deadline.--Not later than 2 years 
        after the date of enactment of the Railroad Safety Enhancement 
        Act of 2008, the selected railroad or railroad facility shall 
        implement the safety risk reduction program developed under 
        paragraph (1)(C) on the selected railroad or railroad facility 
        and ensure that all employees at the selected railroad or 
        railroad facility have received training related to the 
        program.
    ``(b) Selection of Railroad or Railroad Facility for Pilot 
Program.--Not later than 6 months after the date of enactment of the 
Railroad Safety Enhancement Act of 2008, the Secretary shall develop a 
voluntary application process to select 1 or more railroad carriers or 
railroad facilities where the pilot project will be implemented. The 
application process shall include criteria for rating applicants, such 
as safety performance, accident and incident history, existence of risk 
management or behavior-based practices at the railroad or railroad 
facility, number of employees employed at the railroad or railroad 
facility, and other relevant criteria determined by the Secretary. If 
more than 1 railroad or railroad facility is selected, the Secretary 
shall select railroads and railroad facilities that are representative 
of the railroad industry as a whole, if possible.
    ``(c) Evaluation.--Not later than 6 months after the completion of 
the safety risk reduction program pilot program, the Secretary shall 
submit a report to Congress evaluating the pilot program, which shall 
include--
            ``(1) a summary of the railroad safety risk reduction pilot 
        program and description of the actions taken by the Secretary 
        and selected railroad or railroad facilities during the 
        program;
            ``(2) an analysis of the difference in the number and rates 
        of accidents, injuries, and fatalities at a selected railroad 
        or railroad facility before and after the implementation of the 
        risk reduction pilot program at a selected railroad or railroad 
        facility; and
            ``(3) guidelines on the preparation and implementation of 
        railroad safety risk reduction program for the railroad 
        carriers required to develop such plans under section 20157 
        that reflect the best practices developed during the pilot 
        program.
    ``(d) Grants.--The Secretary shall establish a grant program for 
implementation of the railroad safety risk reduction pilot program. 
Railroads and railroad facilities selected by the Secretary shall be 
eligible for grants.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $1,000,000 for fiscal 
years 2009 and 2010 to carry out subsection (d).''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 is 
amended by inserting after the item relating to section 20155 the 
following:

``20156. Railroad safety risk reduction pilot program''.

SEC. 104. RAILROAD SAFETY RISK REDUCTION PROGRAM.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 103, is amended by adding at end thereof the following:
``Sec. 20157. Railroad safety risk reduction program
    ``(a) In General.--
            ``(1) Program requirement.--Not later than 5 years after 
        the date of enactment, the Secretary, by regulation, shall 
        require each railroad carrier that is a Class I railroad, a 
        railroad carrier that has inadequate safety performance (as 
        determined by the Secretary), or a railroad that provides 
        intercity passenger or commuter rail passenger transportation--
                    ``(A) to develop a railroad safety risk reduction 
                program under subsection (d) that systematically 
                evaluates system-wide railroad safety risks and manages 
                those risks in order to reduce the numbers and rates of 
                railroad accidents, injuries, and fatalities;
                    ``(B) to submit its program, including any required 
                plans, to the Federal Railroad Administration for its 
                review and approval; and
                    ``(C) to implement the program and plans approved 
                by the Federal Railroad Administration.
            ``(2) Reliance on pilot program.--The Secretary shall use 
        the information and experience gathered through the pilot 
        program under section 20156 in developing regulations under 
        this section.
            ``(3) Waivers.--Under section 20103(d) of this chapter the 
        Secretary may grant a waiver to a railroad carrier from 
        compliance with all or a part of the requirements of this 
        section if the Secretary determines that the safety performance 
        of the railroad carrier is sufficient to warrant the waiver.
            ``(4) Voluntary compliance.--A railroad carrier that is not 
        required to submit a railroad safety risk reduction program 
        under this section may voluntarily submit a program that meets 
        the requirements of this section to the Federal Railroad 
        Administration. The Federal Railroad Administration shall 
        approve or disapprove any program submitted under this 
        paragraph.
    ``(b) Certification.--The chief official responsible for safety of 
each railroad carrier required to submit a railroad safety risk 
reduction program under subsection (a) shall certify that the contents 
of the program are accurate and that the railroad will implement the 
contents of the program as approved by the Federal Railroad 
Administration.
    ``(c) Risk Analysis.--In developing its railroad safety risk 
reduction program each railroad required to submit such a program under 
subsection (a) shall identify and analyze the aspects of its railroad, 
including operating practices, infrastructure, equipment, employee 
levels and schedules, safety culture, management structure, employee 
training, and other matters, including those not covered by railroad 
safety regulations or other Federal regulations, that impact railroad 
safety.
    ``(d) Program Elements.--
            ``(1) In general.--Each railroad required to submit a 
        railroad safety risk reduction program under subsection (a) 
        shall develop a comprehensive safety risk reduction program to 
        improve safety by reducing the number and rates of accidents, 
        injuries, and fatalities that is based on the risk analysis 
        required by subsection (c) through--
                    ``(A) the mitigation of aspects that increase risks 
                to railroad safety; and
                    ``(B) the enhancement of aspects that decrease 
                risks to railroad safety.
            ``(2) Required components.--Each railroad's safety risk 
        reduction program shall include a technology implementation 
        plan that meets the requirements of subsection (e) and a 
        fatigue management plan that meets the requirements of 
        subsection (f).
    ``(e) Technology Implementation Plan.--
            ``(1) In general.--As part of its railroad safety risk 
        reduction program, a railroad required to submit a railroad 
        safety risk reduction program under subsection (a) shall 
        develop a 10-year technology implementation plan that describes 
        the railroad's plan for development, adoption, implementation, 
        and use of current, new, or novel technologies on its system 
        over a 10-year period to reduce safety risks identified under 
        the railroad safety risk reduction program.
            ``(2) Technology analysis.--A railroad's technology 
        implementation plan shall include an analysis of the safety 
        impact, feasibility, and cost and benefits of implementing 
        technologies, including processor-based technologies, positive 
        train control systems (as defined in section 20158(b)), 
        electronically controlled pneumatic brakes, rail integrity 
        inspection systems, rail integrity warning systems, switch 
        position indicators, trespasser prevention technology, highway 
        rail grade crossing technology, and other new or novel railroad 
        safety technology, as appropriate, that may mitigate risks to 
        railroad safety identified in the risk analysis required by 
        subsection (c).
            ``(3) Implementation schedule.--A railroad's technology 
        implementation plan shall contain a prioritized implementation 
        schedule for the development, adoption, implementation, and use 
        of current, new, or novel technologies on its system to reduce 
        safety risks identified under the railroad safety risk 
        reduction program.
    ``(f) Fatigue Management Plan.--
            ``(1) In general.--As part of its railroad safety risk 
        reduction program, a railroad required to submit a railroad 
        safety risk reduction program under subsection (a) for which 
        the analysis under subsection (c) has shown fatigue to be a 
        significant source of risk shall develop a fatigue management 
        plan that is designed to reduce the fatigue experienced by 
        safety-related railroad employees and to reduce the likelihood 
        of accidents, injuries, and fatalities caused by fatigue.
            ``(2) Targeted fatigue countermeasures.--A railroad's 
        fatigue management plan shall take into account the varying 
        circumstances of operations by the railroad on different parts 
        of its system, and shall prescribe appropriate fatigue 
        countermeasures to address those varying circumstances.
            ``(3) Additional elements.--A railroad shall consider the 
        need to include in its fatigue management plan elements 
        addressing each of the following items, as applicable:
                    ``(A) Employee education and training on the 
                physiological and human factors that affect fatigue, as 
                well as strategies to reduce or mitigate the effects of 
                fatigue, based on the most current scientific and 
                medical research and literature.
                    ``(B) Opportunities for identification, diagnosis, 
                and treatment of any medical condition that may affect 
                alertness or fatigue, including sleep disorders.
                    ``(C) Effects on employee fatigue of an employee's 
                short-term or sustained response to emergency 
                situations, such as derailments and natural disasters, 
                or engagement in other intensive working conditions.
                    ``(D) Scheduling practices for employees, including 
                innovative scheduling practices for employees, 
                including scheduling procedures, on-duty call 
                practices, work and rest cycles, increases in 
                consecutive days off for employees, changes in shift 
                patterns, appropriate scheduling practices for varying 
                types of work, and other aspects of employee scheduling 
                that would reduce employee fatigue and cumulative sleep 
                loss.
                    ``(E) Methods to minimize accidents and incidences 
                that occur as a result of working at times when 
                scientific and medical research have shown increased 
                fatigue disrupts employees' circadian rhythm.
                    ``(F) Alertness strategies, such as policies on 
                napping, to address acute sleepiness and fatigue while 
                an employee is on duty.
                    ``(G) Opportunities to obtain restful sleep at 
                lodging facilities, including employee sleeping 
                quarters provided by the railroad carrier.
                    ``(H) The increase of the number of consecutive 
                hours of off-duty rest, during which an employee 
                receives no communication from the employing railroad 
                carrier or its managers, supervisors, officers, or 
                agents.
                    ``(I) Avoidance of abrupt changes in rest cycles 
                for employees.
                    ``(J) Additional elements that the Secretary 
                considers appropriate.
    ``(g) Consensus.--
            ``(1) In general.--Each railroad required to submit a 
        railroad safety risk reduction program under subsection (a) 
        shall consult with, employ good faith and use its best efforts 
        to reach agreement with, all of its directly affected 
        employees, including any non-profit labor organization 
        representing a class or craft of directly affected employees of 
        the railroad carrier, on the contents of the safety risk 
        reduction program.
            ``(2) Statement.--If the railroad carrier and its directly 
        affected employees, including any nonprofit employee labor 
        organization representing a class or craft of directly affected 
        employees of the railroad carrier, cannot reach consensus on 
        the proposed contents of the plan, then directly affected 
        employees and such organization may file a statement with the 
        Secretary explaining their views on the plan on which consensus 
        was not reached. The Secretary shall consider such views during 
        review and approval of the program.
    ``(h) Enforcement.--The Secretary shall have the authority to 
assess civil penalties pursuant to chapter 213 for a violation of this 
section, including the failure to submit, certify, or comply with a 
safety risk reduction program, technology implementation plan, or 
fatigue management plan.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 103, is further amended by inserting after the item 
relating to section 20156 the following:

``20157. Railroad safety risk reduction program''.

SEC. 105. POSITIVE TRAIN CONTROL SYSTEM IMPLEMENTATION.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 104, is further amended by adding at end thereof the following:
``Sec. 20158. Positive train control system implementation
    ``(a) In General.--The Secretary of Transportation shall ensure 
that each railroad required to submit a railroad safety risk reduction 
program pursuant to section 20157 that includes in its technology 
implementation plan a schedule for implementation of a positive train 
control system complies with that schedule and implements its positive 
train control system by December 31, 2018, unless the Secretary 
determines that a railroad shall implement its positive train control 
system by an earlier date.
    ``(b) Positive Train Control System Defined.--The term `positive 
train control system' means a system designed to prevent train-to-train 
collisions, overspeed derailments, and incursions into roadway worker 
work limits.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 104, is further amended by inserting after the item 
relating to section 20157 the following:

``20158. Positive train control system implementation''.

SEC. 106. HOURS-OF-SERVICE REFORM.

    (a) Change in Definition of Signal Employee.--Section 21101(4) is 
amended--
            (1) by striking ``employed by a railroad carrier''; and
            (2) by inserting ``railroad'' after ``maintaining''.
    (b) Limitation on Duty Hours of Train Employees.--Section 21103 is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Except as provided in subsection (d) of this 
section, a railroad carrier and its officers and agents may not require 
or allow a train employee to--
            ``(1) remain or go on duty in any calendar month where the 
        employee had spent a total of 276 hours--
                    ``(A) on duty;
                    ``(B) waiting for transportation, or in deadhead 
                transportation, to a place of final release; or
                    ``(C) in any other mandatory service for the 
                carrier;
            ``(2) remain or go on duty for a period in excess of 12 
        consecutive hours;
            ``(3) remain or go on duty unless that employee has had at 
        least 10 consecutive hours off duty during the prior 24 hours; 
        or
            ``(4) remain or go on duty after that employee has 
        initiated an on-duty period each day for--
                    ``(A) 6 consecutive days, unless that employee has 
                had at least 48 consecutive hours off duty at the 
                employee's home terminal during which time the employee 
                is unavailable for any service for any railroad 
                carrier; or
                    ``(B) 7 consecutive days, unless that employee has 
                had at least 72 consecutive hours off duty at the 
                employee's home terminal during which time the employee 
                is unavailable for any service for any railroad 
                carrier, if--
                            ``(i) a collective bargaining agreement 
                        expressly provides for such a schedule;
                            ``(ii) such a schedule is provided for by a 
                        pilot program authorized by a collective 
                        bargaining agreement; or
                            ``(iii) such a schedule is provided for by 
                        a pilot program under section 21108 of this 
                        chapter related to employees' work and rest 
                        cycles.
The Secretary may waive paragraph (4), consistent with the procedural 
requirements of section 20103, if a collective bargaining agreement 
provides a different arrangement and such an arrangement is in the 
public interest and consistent with railroad safety.'';
            (2) by redesignating subsection (c) as subsection (d) and 
        inserting after subsection (b) the following:
    ``(c) Limbo Time Limitation and Additional Rest Requirement.--
            ``(1) A railroad carrier may not require or allow an 
        employee to remain or go on duty in excess of 15 hours of time 
        on duty and time waiting for deadhead transportation on a 
        train, not including interim rest periods unless the train 
        carrying the employee is directly delayed by--
                    ``(A) a casualty;
                    ``(B) an accident;
                    ``(C) an act of God;
                    ``(D) a derailment;
                    ``(E) a major equipment failure that prevents the 
                train from advancing; or
                    ``(F) a delay resulting from a cause unknown and 
                unforeseeable to a railroad carrier or its officer or 
                agent in charge of the employee when the employee left 
                a terminal.
            ``(2) Each railroad carrier shall report to the Secretary, 
        in accordance with procedures established by the Secretary, 
        each instance where an employee subject to this section spends 
        time waiting for deadhead transportation on a train in excess 
        of the requirements of paragraph (1).
            ``(3) A railroad carrier and its officers and agents shall 
        provide, at the election of employees subject to this section 
        at the beginning of the employee's off-duty period additional 
        time off duty equal to the number of hours that such sum 
        exceeds 12 hours if--
                    ``(A) the time spent waiting for transportation, or 
                in deadhead transportation, from a duty assignment to 
                the place of final release that is not time on duty, 
                plus
                    ``(B) the time on duty,
        exceeds 12 consecutive hours.''; and
            (3) by adding at the end thereof the following:
    ``(e) Communication During Time Off Duty.--During a train 
employee's minimum off-duty period of 10 consecutive hours, as provided 
under subsection (a), during an interim period of at least 4 
consecutive hours available for rest under subsection (b)(7), or during 
additional off duty hours elected to be taken by an employee under 
subsection (c)(3), a railroad carrier, and its officers and agents, 
shall not communicate with the train employee by telephone, by pager, 
or in any other manner that could reasonably be expected to disrupt the 
employee's rest. Nothing in this subsection shall prohibit 
communication necessary to notify an employee of an emergency 
situation, as defined by the Secretary. The Secretary may waive the 
requirements of this paragraph for commuter or intercity passenger 
railroads if the Secretary determines that such a waiver will not 
reduce safety and is necessary to maintain such railroads' efficient 
operations and on-time performance of its trains.''.
    (c) Limitation on Duty Hours of Signal Employees.--Section 21104 is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Except as provided in subsection (c) of this 
section, a railroad carrier and its officers and agents may not require 
or allow its signal employee to remain or go on duty and a contractor 
or subcontractor to a railroad carrier and its officers and agents may 
not require or allow one of its signal employees to remain or go on 
duty --
            ``(1) for a period in excess of 12 consecutive hours; or
            ``(2) unless that employee has had at least 10 consecutive 
        hours off duty during the prior 24 hours.'';
            (2) by striking ``duty, except that up to one hour of that 
        time spent returning from the final trouble call of a period of 
        continuous or broken service is time off duty.'' in subsection 
        (b)(3) and inserting ``duty.'';
            (3) by inserting ``A signal employee may not be allowed to 
        remain or go on duty under the emergency authority provided 
        under this subsection to conduct routine repairs, routine 
        maintenance, or routine inspection of signal systems.'' after 
        ``service.'' in subsection (c);
            (4) by adding at the end the following:
    ``(d) Communication During Time Off Duty.--During a signal 
employee's minimum off-duty period of 10 consecutive hours, as provided 
under subsection (a), a railroad carrier or a contractor or 
subcontractor to a railroad carrier, and its officers and agents, shall 
not communicate with the signal employee by telephone, by pager, or in 
any other manner that could reasonably be expected to disrupt the 
employee's rest. Nothing in this subsection shall prohibit 
communication necessary to notify an employee of an emergency 
situation, as defined by the Secretary.
    ``(e) Exclusivity.--The hours of service, duty hours, and rest 
periods of signal employees shall be governed exclusively by this 
chapter. Signal employees operating motor vehicles shall not be subject 
to any hours of service rules, duty hours or rest period rules 
promulgated by any Federal authority, including the Federal Motor 
Carrier Safety Administration, other than the Federal Railroad 
Administration.''.
    (d) Alternate Hours of Service Regime.--
            (1) Application of hours of service regime.--Section 21102 
        is amended--
                    (A) by striking the section caption and inserting 
                the following:
``Sec. 21102. Nonapplication, exemption, and alternate hours of service 
              regime'' ; and
                    (B) by adding at the end thereof the following:
    ``(c) Alternate Hours of Service Regime.--A railroad carrier and 
its directly affected employees or a non-profit employee labor 
organization that represents such employees may jointly develop and 
submit for approval to the Secretary an alternate hours of service 
regime to that provided in this chapter that would increase the maximum 
hours an employee may be required or allowed to go or remain on duty or 
decrease the minimum hours an employee may be required to rest and 
would become effective no earlier than 1 year after the date of 
enactment of the Railroad Safety Enhancement Act of 2008. The Secretary 
may consider such a request anytime after the date of enactment of the 
Railroad Safety Enhancement Act of 2008 and may approve such a request 
only after providing an opportunity for public notice and comment and 
determining that the proposed hours of service regime is in the public 
interest and will not adversely affect railroad safety. The exemption 
shall be for a specific period of time and shall be subject to review 
upon a schedule determined appropriate by the Secretary.
    ``(d) Application of Hours of Service Regime to Commuter and 
Intercity Passenger Railroad Train Employees.--
            ``(1) When providing commuter rail passenger transportation 
        or intercity rail passenger transportation, the limitations on 
        duty hours for train employees of railroad carriers, including 
        public authorities operating passenger service, shall be solely 
        governed by old section 21103 until the earlier of--
                    ``(A) the effective date of regulations prescribed 
                by the Secretary under section 21109(b) of this 
                chapter; or
                    ``(B) the date that is 3 years following the date 
                of enactment of the Railroad Safety Enhancement Act of 
                2008.
            ``(2) After the date on which old section 21103 ceases to 
        apply, pursuant to paragraph (1), to the limitations on duty 
        hours for train employees of railroad carriers with respect to 
        the provision of commuter rail passenger transportation or 
        intercity rail passenger transportation, the limitations on 
        duty hours for train employees of such railroad carriers shall 
        be governed by new section 21103, except as provided in 
        paragraph (3).
            ``(3) After the effective date of the regulations 
        prescribed by the Secretary under section 21109(b) of this 
        title, such carriers shall--
                    ``(A) comply with the limitations on duty hours for 
                train employees with respect to the provision of 
                commuter rail passenger transportation or intercity 
                rail passenger transportation as prescribed by such 
                regulations; and
                    ``(B) be exempt from complying with the provisions 
                of old section 21103 and new section 21103 for such 
                employees.
            ``(4) In this subsection:
                    ``(A) The terms `commuter rail passenger 
                transportation' and `intercity rail passenger 
                transportation' have the meaning given those terms in 
                section 24102 of this title.
                    ``(C) The term `new section 21103' means section 
                21103 of this chapter as amended by the Railroad Safety 
                Enhancement Act of 2008.
                    ``(D) The term `old section 21103' means section 
                21103 of this chapter as it was in effect on the day 
                before the enactment of that Act.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        211 is amended by striking the item relating to section 21102 
        and inserting the following:

``21102. Nonapplication, exemption, and alternate hours of service 
                            regime''.
    (e) Regulatory Authority.--
            (1) In general.--Chapter 211 is amended by adding at the 
        end thereof the following:
``Sec. 21109. Regulatory authority
    ``(a) In General.--In order to improve safety and reduce employee 
fatigue, the Secretary may prescribe regulations--
            ``(1) to reduce the maximum hours an employee may be 
        required or allowed to go or remain on duty to a level less 
        than the level established under this chapter;
            ``(2) to increase the minimum hours an employee may be 
        required or allowed to rest to a level greater than the level 
        established under this chapter;
            ``(3) to limit or eliminate the amount of time an employee 
        spends waiting for or in deadhead transportation to the place 
        of final release that is considered neither on duty nor off 
        duty under this chapter;
            ``(4) to make changes to the number of hours an employee 
        may spend waiting on a train for deadhead transportation to the 
        place of final release that is considered neither on duty nor 
        off duty that provide for an equivalent level of safety as the 
        level established under this chapter;
            ``(5) to make changes to the requirements of off-duty 
        communications with employees that provide for an equivalent 
        level of safety as the level established under this chapter;
            ``(6) for signal employees--
                    ``A) to limit or eliminate the amount of time that 
                is considered to be neither on duty nor off duty under 
                this chapter that an employee spends returning from an 
                outlying worksite after scheduled duty hours or 
                returning from a trouble call to the employee's 
                headquarters or directly to the employee's residence; 
                and
                    ``(B) to increase the amount of time that 
                constitutes a release period, that does not break the 
                continuity of service and is considered time off duty; 
                and
            ``(7) to require other changes to railroad operating and 
        scheduling practices, including unscheduled duty calls, that 
        could affect employee fatigue and railroad safety.
    ``(b) Regulations Governing the Hours of Service of Train Employees 
of Commuter and Intercity Passenger Railroad Carriers.--Within 3 years 
after the date of enactment of the Railroad Safety Enhancement Act of 
2008, the Secretary shall prescribe regulations and issue orders to 
establish hours of service requirements for train employees engaged in 
commuter rail passenger transportation and intercity rail passenger 
transportation (as defined in section 24102 of this title) that may 
differ from the requirements of this chapter. Such regulations and 
orders may address railroad operating and scheduling practices, 
including unscheduled duty calls, communications during time off duty, 
and time spent in or waiting for deadhead transportation to the place 
of final release, that could affect employee fatigue and railroad 
safety.
    ``(c) Considerations.--In issuing regulations under subsection (a) 
the Secretary shall consider scientific and medical research related to 
fatigue and fatigue abatement, railroad scheduling and operating 
practices that improve safety or reduce employee fatigue, a railroad's 
use of new or novel technology intended to reduce or eliminate human 
error, the variations in freight and passenger railroad scheduling 
practices and operating conditions, the variations in duties and 
operating conditions for employees subject to this chapter, a 
railroad's required or voluntary use of fatigue management plans 
covering employees subject to this chapter, and any other relevant 
factors.
    ``(d) Time Limits.--If the Secretary requests that the Railroad 
Safety Advisory Committee accept the task of developing regulations 
under subsection (a) or (b) and the Committee accepts the task, the 
Committee shall reach consensus on the rulemaking within 18 months 
after accepting the task. If the Committee does not reach consensus 
within 18 months after the Secretary makes the request, the Secretary 
shall prescribe appropriate regulations within 18 months. If the 
Secretary does not request that the Railroad Safety Advisory Committee 
accept the task of developing regulations under subsection (a) or (b), 
the Secretary shall prescribe regulations within 3 years after the date 
of enactment of the Railroad Safety Enhancement Act of 2008.
    ``(e) Pilot Projects.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Railroad Safety Enhancement Act of 2008, the 
        Secretary shall conduct at least 2 pilot projects of sufficient 
        size and scope to analyze specific practices which may be used 
        to reduce fatigue for train and engine and other railroad 
        employees as follows:
                    ``(A) A pilot project at a railroad or railroad 
                facility to evaluate the efficacy of communicating to 
                employees notice of their assigned shift time 10 hours 
                prior to the beginning of their assigned shift as a 
                method for reducing employee fatigue.
                    ``(B) A pilot project at a railroad or railroad 
                facility to evaluate the efficacy of requiring 
                railroads who use employee scheduling practices that 
                subject employees to periods of unscheduled duty calls 
                to assign employees to defined or specific unscheduled 
                call shifts that are followed by shifts not subject to 
                call, as a method for reducing employee fatigue.
            ``(2) Waiver.--The Secretary may temporarily waive the 
        requirements of this section, if necessary, to complete a pilot 
        project under this subsection.
    ``(f) Duty Call Defined.--In this section the term `duty call' 
means a telephone call that a railroad places to an employee to notify 
the employee of his or her assigned shift time.''.
            (2) Conforming amendments.--
                    (A) The chapter analysis for chapter 211 is amended 
                by adding at the end thereof the following:

``21109. Regulatory authority''.
                    (B) The first sentence of section 21303(a)(1) is 
                amended by inserting ``including section 21103 (as such 
                section was in effect on the day before the date of 
                enactment of the Railroad Safety Enhancement Act of 
                2008),'' after ``this title,'' the second place it 
                appears.
    (f) Record Keeping and Reporting.--
            (1) Regulations.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall prescribe a 
        regulation revising the requirements for recordkeeping and 
        reporting for Hours of Service of Railroad Employees contained 
        in part 228 of title 49, Code of Federal Regulations--
                    (A) to adjust record keeping and reporting 
                requirements to support fully compliance with chapter 
                211 of title 49, United States Code, as amended by this 
                Act;
                    (B) to authorize electronic record keeping, and 
                reporting of excess service, consistent with 
                appropriate considerations for user interface; and
                    (C) to require training of affected employees and 
                supervisors, including training of employees in the 
                entry of hours of service data.
            (2) Procedure.--In lieu of issuing a notice of proposed 
        rulemaking as contemplated by section 553 of title 5, United 
        States Code, the Secretary may utilize the Railroad Safety 
        Advisory Committee to assist in development of the regulation. 
        The Secretary may propose and adopt amendments to the revised 
        regulations thereafter as may be necessary in light of 
        experience under the revised requirements.
    (g) 1-year Delay in Implementation of Duty Hours Limitation 
Changes.--The amendments made by subsections (a), (b), and (c) shall 
take effect 1 year after the date of enactment of this Act.

SEC. 107. PROTECTION OF RAILROAD SAFETY RISK ANALYSES INFORMATION.

    (a) Amendment.--Subchapter I of chapter 201 is amended by adding at 
the end thereof the following:
``Sec. 20118. Prohibition on public disclosure of railroad safety 
              analysis records
    ``(a) In General.--Except as necessary for the Secretary of 
Transportation or another Federal agency to enforce or carry out any 
provision of Federal law, any part of any record (including, but not 
limited to, a railroad carrier's analysis of its safety risks and its 
statement of the mitigation measures it has identified with which to 
address those risks) that the Secretary has obtained pursuant to a 
provision of, or regulation or order under, this chapter related to the 
establishment, implementation, or modification of a railroad safety 
risk reduction program or pilot program is exempt from the requirements 
of section 552 of title 5 if the record is--
            ``(1) supplied to the Secretary pursuant to that safety 
        risk reduction program or pilot program; or
            ``(2) made available for inspection and copying by an 
        officer, employee, or agent of the Secretary pursuant to that 
        safety risk reduction program or pilot program.
    ``(b) Exception.--Notwithstanding subsection (a), the Secretary may 
disclose any part of any record comprised of facts otherwise available 
to the public if, in the Secretary's sole discretion, the Secretary 
determines that disclosure would be consistent with the confidentiality 
needed for that safety risk reduction program.
    ``(c) Discretionary Prohibition of Disclosure.--The Secretary may 
prohibit the public disclosure of risk analyses or risk mitigation 
analyses that the Secretary has obtained under other provisions of, or 
regulations or orders under, this chapter if the Secretary determines 
that the prohibition of public disclosure is necessary to promote 
railroad safety.
``Sec. 20119. Discovery and admission into evidence of certain reports 
              and surveys
    ``Notwithstanding any other provision of law, no part of any 
report, survey, schedule, list, or data compiled or collected for the 
purpose of evaluating, planning, or implementing a railroad safety risk 
reduction program or other risk analysis or risk mitigation analysis 
designated by the Secretary of Transportation under section 20118(c) 
pursuant to a provision of, or regulation or order under, this chapter 
(including a railroad carrier's analysis of its safety risks and its 
statement of the mitigation measures with which it will address those 
risks) shall be subject to discovery or admitted into evidence in a 
Federal or State court proceeding, or considered for another purpose, 
in any action by a private party or parties for damages against the 
carrier, or its officers, employees, or contractors. The preceding 
sentence does not apply to any report, survey, list, or data otherwise 
available to the public.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 is 
amended by inserting after the item relating to section 20117 the 
following:

``20118. Prohibition on public disclosure of railroad safety analysis 
                            records''.
``20119. Discovery and admission into evidence of certain reports and 
                            surveys''.

    TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND 
                         TRESPASSER PREVENTION

SEC. 201. PEDESTRIAN CROSSING SAFETY.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall provide guidance to railroads on strategies and methods 
to prevent pedestrian accidents, injuries, and fatalities at or near 
passenger stations, including--
            (1) providing audible warning of approaching trains to the 
        pedestrians at railroad passenger stations;
            (2) using signs, signals, or other visual devices to warn 
        pedestrians of approaching trains;
            (3) installing infrastructure at pedestrian crossings to 
        improve the safety of pedestrians crossing railroad tracks;
            (4) installing fences to prohibit access to railroad 
        tracks; and
            (5) other strategies or methods as determined by the 
        Secretary.

SEC. 202. STATE ACTION PLANS.

    (a) In General.--Beginning not later than 6 months after the date 
of enactment of this Act, the Secretary shall identify on an annual 
basis the 10 States that receive Federal funds for highway-rail grade 
crossing safety projects that have had the most highway-rail grade 
crossing collisions in the preceding fiscal year. The Secretary may 
require as a condition of receiving such funds in the future (in 
addition to any requirements imposed under any other provision of law) 
that each of these States develop within a period of time determined by 
the Secretary a State Grade Crossing Action Plan that identifies 
specific solutions for improving safety at crossings, including 
highway-rail grade crossing closures or grade separations, particularly 
at crossings that have experienced multiple accidents, and shall 
provide assistance to the States in developing and carrying out, as 
appropriate, the plan. The plan may be coordinated with other State or 
Federal planning requirements.
    (b) Review and Approval.--Not later than 90 days after the 
Secretary receives a plan under subsection (a), the Secretary shall 
review and approve or disapprove it. If the proposed plan is not 
approved, the Secretary shall notify the affected State as to the 
specific points in which the proposed plan is deficient, and the State 
shall correct all deficiencies within 60 days following receipt of 
written notice from the Secretary.

SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL GRADE 
              CROSSINGS.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 105 of this Act, is further amended by inserting after section 
20158 the following:
``Sec. 20159. Roadway user sight distance at highway-rail grade 
              crossings
    ``(a) In General.--Not later than 18 months after the date of 
enactment of the Railroad Safety Enhancement Act of 2008, the Secretary 
of Transportation shall prescribe regulations that require each 
railroad carrier to remove from its active rights-of-way at all public 
highway-rail grade crossings, and at all private highway-rail grade 
crossings open to unrestricted public access (as declared in writing by 
the holder of the crossing right), grass, brush, shrubbery, trees, and 
other vegetation which may materially obstruct the view of a pedestrian 
or a vehicle operator for a reasonable distance, as specified by the 
Secretary, in either direction of the train's approach, and to maintain 
its rights-of-way at all such crossings free of such vegetation. In 
prescribing the regulations, the Secretary shall take into 
consideration to the extent practicable--
            ``(1) the type of warning device or warning devices 
        installed at such crossings;
            ``(2) factors affecting the timeliness and effectiveness of 
        roadway user decisionmaking, including the maximum allowable 
        roadway speed, maximum authorized train speed, angle of 
        intersection, and topography;
            ``(3) the presence or absence of other sight distance 
        obstructions off the railroad right-of-way; and
            ``(4) any other factors affecting safety at such crossings.
    ``(b) Protected Vegetation.--In promulgating regulations pursuant 
to this section, the Secretary may make allowance for preservation of 
trees and other ornamental or protective growth where State or local 
law or policy would otherwise protect the vegetation from removal and 
where the roadway authority or private crossing holder is notified of 
the sight distance obstruction and, within a reasonable period 
specified by the regulation, takes appropriate action to abate the 
hazard to roadway users (such as by closing the crossing, posting 
supplementary signage, installing active warning devices, lowering 
roadway speed, or installing traffic calming devices).
    ``(c) Model Legislation.--Not later than 18 months after the date 
of enactment of the Railroad Safety Enhancement Act of 2008, the 
Secretary, after consultation with the Federal Railroad Administration, 
the Federal Highway Administration, and States, shall develop and make 
available to States model legislation providing for improving safety by 
addressing sight obstructions, at highway-rail grade crossings that are 
equipped solely with passive warnings, as recommended by the Inspector 
General of the Department of Transportation in Report No. MH-2007-
044.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 105 of this Act, is amended by inserting after the 
item relating to section 20158 the following new item:

``20159. Roadway user sight distance at highway-rail grade crossings''.

SEC. 204. NATIONAL CROSSING INVENTORY.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 203 of this Act, is further amended by adding at the end the 
following new section:
``Sec. 20160. National crossing inventory
    ``(a) Initial Reporting of Information About Previously Unreported 
Crossings.--Not later than 1 year after the date of enactment of the 
Railroad Safety Enhancement Act of 2008 or 6 months after a new 
crossing becomes operational, whichever occurs later, each railroad 
carrier shall--
            ``(1) report to the Secretary of Transportation current 
        information, including information about warning devices and 
        signage, as specified by the Secretary, concerning each 
        previously unreported crossing through which it operates or 
        with respect to the trackage over which it operates; or
            ``(2) ensure that the information has been reported to the 
        Secretary by another railroad carrier that operates through the 
        crossing.
    ``(b) Updating of Crossing Information.--
            ``(1) On a periodic basis beginning not later than 2 years 
        after the date of enactment of the Railroad Safety Enhancement 
        Act of 2008 and on or before September 30 of every year 
        thereafter, or as otherwise specified by the Secretary, each 
        railroad carrier shall--
            ``(A) report to the Secretary current information, 
        including information about warning devices and signage, as 
        specified by the Secretary, concerning each crossing through 
        which it operates or with respect to the trackage over which it 
        operates; or
            ``(B) ensure that the information has been reported to the 
        Secretary by another railroad carrier that operates through the 
        crossing.
    ``(2) A railroad carrier that sells a crossing or any part of a 
crossing on or after the date of enactment of the Railroad Safety 
Enhancement Act of 2008 shall, not later than the date that is 18 
months after the date of enactment of that Act or 3 months after the 
sale, whichever occurs later, or as otherwise specified by the 
Secretary, report to the Secretary current information, as specified by 
the Secretary, concerning the change in ownership of the crossing or 
part of the crossing.
    ``(c) Rulemaking Authority.--The Secretary shall prescribe the 
regulations necessary to implement this section. The Secretary may 
enforce each provision of the Department of Transportation's statement 
of the national highway-rail crossing inventory policy, procedures, and 
instruction for States and railroads that is in effect on the date of 
enactment of the Railroad Safety Enhancement Act of 2008, until such 
provision is superseded by a regulation issued under this section.
    ``(d) Definitions.--In this section:
            ``(1) Crossing.--The term `crossing' means a location 
        within a State, other than a location where one or more 
        railroad tracks cross one or more railroad tracks either at 
        grade or grade-separated, where--
                    ``(A) a public highway, road, or street, or a 
                private roadway, including associated sidewalks and 
                pathways, crosses one or more railroad tracks either at 
                grade or grade-separated; or
                    ``(B) a pathway explicitly authorized by a public 
                authority or a railroad carrier that is dedicated for 
                the use of nonvehicular traffic, including pedestrians, 
                bicyclists, and others, that is not associated with a 
                public highway, road, or street, or a private roadway, 
                crosses one or more railroad tracks either at grade or 
                grade-separated.
            ``(2) State.--The term `State' means a State of the United 
        States, the District of Columbia, or the Commonwealth of Puerto 
        Rico.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 203 of this Act, is amended by inserting after the 
item relating to section 20159 the following:

``20160. National crossing inventory''.
    (c) Reporting and Updating.--Section 130 of title 23, United States 
Code, is amended by adding at the end the following:
    ``(l) National Crossing Inventory.--
            ``(1) Initial reporting of crossing information.--Not later 
        than 1 year after the date of enactment of the Railroad Safety 
        Enhancement Act of 2008 or within 6 months of a new crossing 
        becoming operational, whichever occurs later, each State shall 
        report to the Secretary of Transportation current information, 
        including information about warning devices and signage, as 
        specified by the Secretary, concerning each previously 
        unreported crossing located within its borders.
            ``(2) Periodic updating of crossing information.--On a 
        periodic basis beginning not later than 2 years after the date 
        of enactment of the Railroad Safety Enhancement Act of 2008 and 
        on or before September 30 of every year thereafter, or as 
        otherwise specified by the Secretary, each State shall report 
        to the Secretary current information, including information 
        about warning devices and signage, as specified by the 
        Secretary, concerning each crossing located within its borders.
            ``(3) Rulemaking authority.--The Secretary shall prescribe 
        the regulations necessary to implement this subsection. The 
        Secretary may enforce each provision of the Department of 
        Transportation's statement of the national highway-rail 
        crossing inventory policy, procedures, and instructions for 
        States and railroads that is in effect on the date of enactment 
        of the Railroad Safety Enhancement Act of 2008, until such 
        provision is superseded by a regulation issued under this 
        subsection.
            ``(4) Definitions.--In this subsection--
                    ``(A) `public crossing' means a location within a 
                State, other than a location where one or more railroad 
                tracks cross one or more railroad tracks either at 
                grade or grade-separated, where--
                            ``(i) a public highway, road, or street, 
                        including associated sidewalks and pathways, 
                        crosses one or more railroad tracks either at 
                        grade or grade-separated; or
                            ``(ii) a publicly owned pathway explicitly 
                        authorized by a public authority or a railroad 
                        carrier and dedicated for the use of non-
                        vehicular traffic, including pedestrians, 
                        bicyclists, and others, that is not associated 
                        with a public highway, road, or street, or a 
                        private roadway, crosses one or more railroad 
                        tracks either at grade or grade-separated; and
                    ``(B) `State' means a State of the United States, 
                the District of Columbia, or Puerto Rico.''.
    (d) Civil Penalties.--
            (1) Section 21301(a)(1) is amended--
                    (A) by inserting ``with section 20160 or'' after 
                ``comply'' in the first sentence; and
                    (B) by inserting ``section 20157 of this title or'' 
                after ``violating'' in the second sentence.
            (2) Section 21301(a)(2) is amended by inserting ``The 
        Secretary shall impose a civil penalty for a violation of 
        section 20160 of this title.'' after the first sentence.

SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING PROBLEMS.

    (a) In General.--Section 20152 is amended to read as follows:
``Sec. 20152. Notification of grade crossing problems
    ``Not later than 18 months after the date of enactment of the 
Railroad Safety Enhancement Act of 2008, the Secretary of 
Transportation shall require each railroad carrier to--
            ``(1) establish and maintain a telephone service, which may 
        be required to be a toll-free telephone for specific railroad 
        carriers as determined by the Secretary to be appropriate, for 
        rights-of-way over which it dispatches trains, to directly 
        receive calls reporting--
                    ``(A) malfunctions of signals, crossing gates, and 
                other devices to promote safety at the grade crossing 
                of railroad tracks on those rights-of-way and public or 
                private roads;
                    ``(B) disabled vehicles blocking railroad tracks at 
                such grade crossings;
                    ``(C) obstructions to the view of a pedestrian or a 
                vehicle operator for a reasonable distance in either 
                direction of a train's approach; or
                    ``(D) other safety information involving such grade 
                crossings;
            ``(2) upon receiving a report pursuant to paragraph (1)(A) 
        or (B), immediately contact trains operating near the grade 
        crossing to warn them of the malfunction or disabled vehicle;
            ``(3) upon receiving a report pursuant to paragraph (1)(A) 
        or (B), and after contacting trains pursuant to paragraph (2), 
        contact, as necessary, appropriate public safety officials 
        having jurisdiction over the grade crossing to provide them 
        with the information necessary for them to direct traffic, 
        assist in the removal of the disabled vehicle, or carry out 
        other activities as appropriate;
            ``(4) upon receiving a report pursuant to paragraph (1)(C) 
        or (D), timely investigate the report, remove the obstruction 
        if possible, or correct the unsafe circumstance; and
            ``(5) ensure the placement at each grade crossing on 
        rights-of-way that it owns of appropriately located signs, on 
        which shall appear, at a minimum--
                    ``(A) a telephone number to be used for placing 
                calls described in paragraph (1) to the railroad 
                carrier dispatching trains on that right-of-way;
                    ``(B) an explanation of the purpose of that 
                telephone number; and
                    ``(C) the grade crossing number assigned for that 
                crossing by the National Highway-Rail Crossing 
                Inventory established by the Department of 
                Transportation.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 is 
amended by striking the item relating to section 20152 and inserting 
the following:

``20152. Notification of grade crossing problems''.

SEC. 206. OPERATION LIFESAVER.

    (a) Grant.--The Federal Railroad Administration shall make a grant 
or grants to Operation Lifesaver to carry out a public information and 
education program to help prevent and reduce pedestrian, motor vehicle, 
and other incidents, injuries, and fatalities, and to improve awareness 
along railroad rights-of-way and at highway-rail grade crossings. This 
includes development, placement, and dissemination of Public Service 
Announcements in newspaper, radio, television, and other media. It will 
also include school presentations, brochures and materials, support for 
public awareness campaigns, and related support for the activities of 
Operation Lifesaver's member organizations. As part of an educational 
program funded by grants awarded under this section, Operation 
Lifesaver shall provide information to the public on how to identify 
and report to the appropriate authorities unsafe or malfunctioning 
highway-rail grade crossings.
    (b) Pilot Program.--The Secretary may allow funds provided under 
subsection (a) also to be used by Operation Lifesaver to implement a 
pilot program, to be known as the Railroad Safety Public Awareness 
Program, that addresses the need for targeted and sustained community 
outreach on the subjects described in subsection (a). Such a pilot 
program shall be established in 1 or more States identified under 
section 202 of this Act. In carrying out such a pilot program Operation 
Lifesaver shall work with the State, community leaders, school 
districts, and public and private partners to identify the communities 
at greatest risk, to develop appropriate measures to reduce such risks, 
and shall coordinate the pilot program with the State grade crossing 
action plan.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Federal Railroad Administration for carrying out 
this section--
            (1) $2,000,000 for each of fiscal years 2008, 2009, and 
        2010; and
            (2) $1,500,000 for each of fiscal years 20011, 2012, and 
        2013.

SEC. 207. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE CROSSING 
              SAFETY.

    (a) In General.--Part B of subtitle V is amended by adding at the 
end thereof the following:

``CHAPTER 225. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE CROSSING 
                                 SAFETY

``Sec.
``22501. Financial assistance to States for certain projects
``22502. Distribution
``22503. Standards for awarding grants
``22504. Use of funds
``22505. Authorization of appropriations
``22501. Financial assistance to States for certain projects
    ``The Secretary of Transportation shall make grants to a maximum of 
3 States per year for development or continuance of enhanced public 
education and awareness activities, in combination with targeted law 
enforcement, to significantly reduce violations of traffic laws at 
highway-rail grade crossings and to help prevent and reduce injuries 
and fatalities along railroad rights-of-way.
``22502. Distribution
    ``The Secretary shall provide the grants to the State agency or 
agencies responsible for highway-rail grade crossing safety.
``22503. Standards for awarding grants
    ``The Secretary shall provide grants based upon the merits of the 
proposed program of activities provided by the State and upon a 
determination of where the grants will provide the greatest safety 
benefits.
``22504. Use of funds
    ``Any State receiving a grant under this chapter shall use the 
funds to develop, implement, and continue to measure the effectiveness 
of a dedicated program of public education and enforcement of highway-
rail crossing safety laws and to prevent casualties along railroad 
rights-of-way. The Secretary may not make a grant under this chapter 
available to assist a State or political subdivision thereof in 
establishing or continuing a quiet zone pursuant to part 222 of title 
49, Code of Federal Regulations.
``22505. Authorization of appropriations
    ``There are authorized to be appropriated to the Secretary $500,000 
for each of fiscal years 2009 through 2013 to carry out the provisions 
of this chapter. Amounts appropriated pursuant to this section shall 
remain available until expended.''.
    (b) Conforming Amendment.--The subtitle analysis for subtitle V is 
amended by inserting after the item relating to chapter 223 the 
following:

225. Federal grant to States for highway-rail crossing safety...22501''.

SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL CROSSING SAFETY.

    (a) Trespasser Prevention and Highway-Rail Grade Crossing Warning 
Sign Violations.--Section 20151 is amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 20151. Railroad trespassing, vandalism, and highway-rail grade 
              crossing warning sign violation prevention strategy'' ;
            (2) by striking subsection (a) and inserting the following:
    ``(a) Evaluation of Existing Laws.--In consultation with affected 
parties, the Secretary of Transportation shall evaluate and review 
current local, State, and Federal laws regarding trespassing on 
railroad property, vandalism affecting railroad safety, and violations 
of highway-rail grade crossing warning signs and develop model 
prevention strategies and enforcement laws to be used for the 
consideration of State and local legislatures and governmental 
entities. The first such evaluation and review concerning violations of 
grade crossing signals shall be completed within 1 year after the date 
of enactment of the Railroad Safety Enhancement Act of 2008. The 
Secretary shall revise the model prevention strategies and enforcement 
codes periodically.'';
            (3) by inserting ``for Trespassing and Vandalism 
        Prevention'' in the subsection heading of subsection (b) after 
        ``Outreach Program'';
            (4) in subsection (c)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by inserting ``(1)'' after ``Model 
                Legislation.--''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) Within 18 months after the date of enactment of the Railroad 
Safety Enhancement Act of 2008, the Secretary, after consultation with 
State and local governments and railroad carriers, shall develop and 
make available to State and local governments model State legislation 
providing for civil or criminal penalties, or both, for violations of 
highway-rail grade crossing warning signs.''; and
            (5) by adding at the end the following new subsection:
    ``(d) Definition.--In this section, the term `violation of highway-
rail grade crossing warning signs' includes any action by a motorist, 
unless directed by an authorized safety officer--
            ``(1) to drive around a grade crossing gate in a position 
        intended to block passage over railroad tracks;
            ``(2) to drive through a flashing grade crossing signal;
            ``(3) to drive through a grade crossing with passive 
        warning signs without ensuring that the grade crossing could be 
        safely crossed before any train arrived; and
            ``(4) in the vicinity of a grade crossing, who creates a 
        hazard of an accident involving injury or property damage at 
        the grade crossing.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 of 
title 49, United States Code, is amended by striking the item relating 
to section 20151 and inserting the following:

``20151. Railroad trespassing, vandalism, and highway-rail grade 
                            crossing warning sign violation prevention 
                            strategy''.
    (c) Educational or Awareness Program Items for Distribution.--
Section 20134(a) is amended by adding at the end of the subsection the 
following: ``The Secretary may purchase items of nominal value and 
distribute them to the public without charge as part of an educational 
or awareness program to accomplish the purposes of this section and of 
any other sections of this title related to improving the safety of 
highway-rail crossings and to preventing trespass on railroad rights of 
way, and the Secretary shall prescribe guidelines for the 
administration of this authority.''.

SEC. 209. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO IMPROVE SAFETY AT 
              HIGHWAY-RAIL GRADE CROSSINGS.

    (a) Amendment.--Subchapter II of chapter 201, as amended by section 
204 of this Act, is further amended by adding at the end the following:
``Sec. 20161. Fostering introduction of new technology to improve 
              safety at highway-rail grade crossings
    ``(a) Policy.--It is the policy of the Department of Transportation 
to encourage the development of new technology that can prevent loss of 
life and injuries at highway-rail grade crossings. The Secretary of 
Transportation shall carry out this policy in consultation with States 
and necessary public and private entities.
    ``(b) Submission of New Technology Proposals.--Railroad carriers 
and railroad suppliers may submit for review and approval to the 
Secretary such new technology designed to improve safety at highway-
rail grade crossings. The Secretary shall approve the new technology 
designed to improve safety at highway-rail grade crossings in 
accordance with Federal Railroad Administration standards for the 
development and use of processor-based signal and train control systems 
and shall consider the effects on safety of highway-user interface with 
the new technology.
    ``(c) Effect of Secretarial Approval.--If the Secretary approves 
new technology to provide warning to highway users at a highway-rail 
grade crossing and such technology is installed at a highway-rail grade 
crossing in accordance with the conditions of the approval, this 
determination preempts any State law concerning the adequacy of the 
technology in providing warning at the crossing. Under no circumstances 
may a person (including a State, other public authority, railroad 
carrier, system designer, or supplier of the technology) be held liable 
for damages for any harm to persons or property because of an accident 
or incident at the crossing protected by such technology based upon the 
carrier's failure to properly inspect and maintain such technology, if 
the carrier has inspected and maintained the technology in accordance 
with the terms of the Secretary's approval.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 204 of this Act, is further amended by inserting 
after the item relating to section 20160, the following:

``20161. Fostering introduction of new technology to improve safety at 
                            highway-rail grade crossings''.

               TITLE III--FEDERAL RAILROAD ADMINISTRATION

SEC. 301. HUMAN CAPITAL INCREASES.

    (a) In General.--The Secretary shall increase the number of Federal 
Railroad Administration employees by 25 employees in each of fiscal 
years 2008 through 2013.
    (b) Functions.--In increasing the number of employees pursuant to 
subsection (a), the Secretary shall focus on hiring employees--
            (1) specifically trained to conduct on-site railroad and 
        highway-rail grade crossing accident investigations;
            (2) to implement the Railroad Safety Strategy;
            (3) to administer and implement the Railroad Safety Risk 
        Reduction Pilot Program and the Railroad Safety Risk Reduction 
        Program;
            (4) to implement section 20166 of title 49, United States 
        Code, and to focus on encouragement and oversight of the use of 
        new or novel rail safety technology;
            (5) to conduct routine inspections and audits of railroad 
        and hazardous materials facilities and records for compliance 
        with railroad safety laws and regulations;
            (6) to inspect railroad bridges, tunnels, and related 
        infrastructure, and to review or analyze railroad bridge, 
        tunnel, and related infrastructure inspection reports;
            (7) to prevent or respond to natural or manmade emergency 
        situations or events involving rail infrastructure or 
        employees; and
            (8) to support the Federal Railroad Administration's safety 
        mission.

SEC. 302. CIVIL PENALTY INCREASES.

    (a) General Violations of Chapter 201.--Section 21301(a)(2) is 
amended--
            (1) by striking ``$10,000.'' and inserting ``$25,000.''; 
        and
            (2) by striking ``$20,000.'' and inserting ``$100,000.''.
    (b) Accident and Incident Violations of Chapter 201; Violations of 
Chapters 203 Through 209.--Section 21302(a)(2) is amended--
            (1) by striking ``$10,000.'' and inserting ``$25,000.''; 
        and
            (2) by striking ``$20,000.'' and inserting ``$100,000.''.
    (c) Violations of Chapter 211.--Section 21303(a)(2) is amended--
            (1) by striking ``$10,000.'' and inserting ``$25,000.''; 
        and
            (2) by striking ``$20,000.'' and inserting ``$100,000.''.

SEC. 303. ENFORCEMENT REPORT.

    (a) In General.--Subchapter I of chapter 201, as amended by section 
107 of this Act, is amended by adding at the end the following:
``Sec. 20120. Enforcement Report.
    ``(a) In General.--Not later than December 31, 2008, the Secretary 
of Transportation shall make available to the public and publish on its 
public website an annual report that--
            ``(1) provides a summary of railroad safety and hazardous 
        materials compliance inspections and audits that Federal or 
        State inspectors conducted in the prior fiscal year organized 
        by type of alleged violation, including track, motive power and 
        equipment, signal, grade crossing, operating practices, 
        accident and incidence reporting, and hazardous materials;
            ``(2) provides a summary of all enforcement actions taken 
        by the Secretary or the Federal Railroad Administration during 
        the prior fiscal year, including--
                    ``(A) the number of civil penalties assessed 
                against railroad carriers, hazardous material shippers, 
                and individuals;
                    ``(B) the initial amount of civil penalties 
                assessed against railroad carriers, hazardous materials 
                shippers, and individuals;
                    ``(C) the number of civil penalty cases settled 
                against railroad carriers, hazardous material shippers, 
                and individuals;
                    ``(D) the final amount of civil penalties assessed 
                against railroad carriers, hazardous materials 
                shippers, and individuals;
                    ``(E) the difference between the initial and final 
                amounts of civil penalties assessed against railroad 
                carriers, hazardous materials shippers, and 
                individuals;
                    ``(F) the number of administrative hearings 
                requested and completed related to hazardous materials 
                transportation law violations or enforcement actions 
                against individuals;
                    ``(G) the number of cases referred to the Attorney 
                General for civil or criminal prosecution;
                    ``(H) the number and subject matter of all 
                compliance orders, emergency orders or precursor 
                agreements;
            ``(3) analyzes the effect of the number of inspections 
        conducted and enforcement actions taken on the number and rate 
        of reported accidents and incidents and railroad safety;
            ``(4) identifies the number of locomotive engineer 
        certification denial or revocation cases appealed to and the 
        average length of time it took to be decided by--
                    ``(A) the Locomotive Engineer Review Board;
                    ``(B) an Administrative Hearing Officer or 
                Administrative Law Judge; or
                    ``(C) the Administrator of the Federal Railroad 
                Administration;
            ``(5) provides any explanation regarding changes in the 
        Secretary's or the Federal Railroad Administration's 
        enforcement programs or policies that may substantially affect 
        the information reported; and
            ``(6) includes any additional information that the 
        Secretary determines is useful to improve the transparency of 
        its enforcement program.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 107 of this Act, is amended by inserting after the 
item relating to section 20119 the following:

``20120. Enforcement report''.

SEC. 304. PROHIBITION OF INDIVIDUALS FROM PERFORMING SAFETY-SENSITIVE 
              FUNCTIONS FOR A VIOLATION OF HAZARDOUS MATERIALS 
              TRANSPORTATION LAW.

    Section 20111(c) is amended to read as follows:
    ``(c) Orders Prohibiting Individuals From Performing Safety-
Sensitive Functions.--
            ``(1) If an individual's violation of this part, chapter 51 
        of this title, or a regulation prescribed, or an order issued, 
        by the Secretary under this part or chapter 51 of this title is 
        shown to make that individual unfit for the performance of 
        safety-sensitive functions, the Secretary, after providing 
        notice and an opportunity for a hearing, may issue an order 
        prohibiting the individual from performing safety-sensitive 
        functions in the railroad industry for a specified period of 
        time or until specified conditions are met.
            ``(2) This subsection does not affect the Secretary's 
        authority under section 20104 of this title to act on an 
        emergency basis.''.

SEC. 305. RAILROAD RADIO MONITORING AUTHORITY.

    Section 20107 is amended by inserting at the end the following:
    ``(c) Railroad Radio Communications.--
            ``(1) In general.--To carry out the Secretary's 
        responsibilities under this part and under chapter 51, the 
        Secretary may authorize officers, employees, or agents of the 
        Secretary to conduct, with or without making their presence 
        known, the following activities in circumstances the Secretary 
        finds to be reasonable:
                    ``(A) Intercepting a radio communication, with or 
                without the consent of the sender or other receivers of 
                the communication, but only where such communication is 
                broadcast or transmitted over a radio frequency which 
                is--
                            ``(i) authorized for use by one or more 
                        railroad carriers by the Federal Communications 
                        Commission; and
                            ``(ii) primarily used by such railroad 
                        carriers for communications in connection with 
                        railroad operations.
                    ``(B) Communicating the existence, contents, 
                substance, purport, effect, or meaning of the 
                communication, subject to the restrictions in paragraph 
                (3).
                    ``(C) Receiving or assisting in receiving the 
                communication (or any information therein contained).
                    ``(D) Disclosing the contents, substance, purport, 
                effect, or meaning of the communication (or any part 
                thereof of such communication) or using the 
                communication (or any information contained therein), 
                subject to the restrictions in paragraph (3), after 
                having received the communication or acquired knowledge 
                of the contents, substance, purport, effect, or meaning 
                of the communication (or any part thereof).
                    ``(E) Recording the communication by any means, 
                including writing and tape recording.
            ``(2) Accident prevention and accident investigation.--The 
        Secretary, and officers, employees, and agents of the 
        Department of Transportation authorized by the Secretary, may 
        engage in the activities authorized by paragraph (1) for the 
        purpose of accident prevention and accident investigation.
            ``(3) Use of information.--(A) Information obtained through 
        activities authorized by paragraphs (1) and (2) shall not be 
        admitted into evidence in any administrative or judicial 
        proceeding except--
                    ``(i) in a prosecution of a felony under Federal or 
                State criminal law; or
                    ``(ii) to impeach evidence offered by a party other 
                than the Federal Government regarding the existence, 
                electronic characteristics, content, substance, 
                purport, effect, meaning, or timing of, or identity of 
                parties to, a communication intercepted pursuant to 
                paragraphs (1) and (2) in proceedings pursuant to 
                section 5122, 5123, 20702(b), 20111, 20112, 20113, or 
                20114 of this title.
            ``(B) If information obtained through activities set forth 
        in paragraphs (1) and (2) is admitted into evidence for 
        impeachment purposes in accordance with subparagraph (A), the 
        court, administrative law judge, or other officer before whom 
        the proceeding is conducted may make such protective orders 
        regarding the confidentiality or use of the information as may 
        be appropriate in the circumstances to protect privacy and 
        administer justice.
            ``(C) No evidence shall be excluded in an administrative or 
        judicial proceeding solely because the government would not 
        have learned of the existence of or obtained such evidence but 
        for the interception of information that is not admissible in 
        such proceeding under subparagraph (A).
            ``(D) Information obtained through activities set forth in 
        paragraphs (1) and (2) shall not be subject to publication or 
        disclosure, or search or review in connection therewith, under 
        section 552 of title 5.
            ``(E) Nothing in this subsection shall be construed to 
        impair or otherwise affect the authority of the United States 
        to intercept a communication, and collect, retain, analyze, 
        use, and disseminate the information obtained thereby, under a 
        provision of law other than this subsection.
            ``(4) Application with other law.--Section 705 of the 
        Communications Act of 1934 (47 U.S.C. 605) and chapter 119 of 
        title 18 shall not apply to conduct authorized by and pursuant 
        to this subsection.''.

SEC. 306. EMERGENCY WAIVERS.

    Section 20103 is amended--
            (1) by striking subsection (e) and inserting the following:
    ``(e) Hearings.--Except as provided in subsection (g) of this 
section, the Secretary shall conduct a hearing as provided by section 
553 of title 5 when prescribing a regulation or issuing an order under 
this chapter, including a regulation or order establishing, amending, 
or waiving compliance with a railroad safety regulation prescribed or 
order issued under this chapter. An opportunity for an oral 
presentation shall be provided.''; and
            (2) by adding at the end thereof the following:
    ``(g) Emergency Waivers.--
            ``(1) In general.--The Secretary shall prescribe procedures 
        concerning the handling of requests for waivers of regulations 
        prescribed or orders issued under this chapter in emergency 
        situations and may prescribe temporary emergency waiver 
        procedures without first providing an opportunity for public 
        comment. The Secretary may grant a waiver request if the waiver 
        is directly related to the emergency event or necessary to aid 
        in any recovery efforts and is in the public interest and 
        consistent with railroad safety. The relief shall not extend 
        for a period of more than 9 months, including the period of the 
        relief granted under any renewal of the waiver pursuant to the 
        emergency waiver procedures. For matters that may impact the 
        missions of the Department of Homeland Security, the Secretary 
        of Transportation shall consult and coordinate with the 
        Secretary of Homeland Security as soon as practicable.
    ``(2) Waiver before hearing.--If, under the emergency waiver 
procedures established under paragraph (1) of this subsection, the 
Secretary determines the public interest would be better served by 
addressing a request for waiver prior to providing an opportunity for a 
hearing under section 553 of title 5 and an oral presentation, the 
Secretary may act on the waiver request and, if the request is granted, 
the Secretary shall subsequently provide notice and an opportunity for 
a hearing and oral presentation pursuant to procedures prescribed under 
paragraph (1) of this subsection. Should the Secretary receive comment 
or a request for oral presentation on a waiver request after granting 
the waiver, the Secretary may take any necessary action with regard to 
that waiver (including rescission or modification) based on the newly 
acquired information.
    ``(3) Emergency situation; emergency event.--In this subsection, 
the terms `emergency situation' and `emergency event' mean a natural or 
manmade disaster, such as a hurricane, flood, earthquake, mudslide, 
forest fire, snowstorm, terrorist act, biological outbreak, release of 
a dangerous radiological, chemical, explosive, or biological material, 
or a war-related activity, that poses a risk of death, serious illness, 
severe injury, or substantial property damage. The disaster may be 
local, regional, or national in scope.''.

SEC. 307. FEDERAL RAIL SECURITY OFFICERS' ACCESS TO INFORMATION.

    (a) Amendment.--Chapter 281 is amended by adding at the end thereof 
the following:
``Sec. 28104. Federal rail security officers' access to information
    ``(a) Access to Records or Database Systems by the Administrator of 
the Federal Railroad Administration.--
            ``(1) In general.--The Administrator of the Federal 
        Railroad Administration is authorized to have access to a 
        system of documented criminal justice information maintained by 
        the Department of Justice or by a State for the purpose of 
        carrying out the civil and administrative responsibilities of 
        the Administrator to protect the safety, including security, of 
        railroad operations and for other purposes authorized by law, 
        including the National Crime Prevention and Privacy Compact (42 
        U.S.C. 14611-14616). The Administrator shall be subject to the 
        same conditions or procedures established by the Department of 
        Justice or State for access to such an information system by 
        other governmental agencies with access to the system.
            ``(2) Limitation.--The Administrator may not use the access 
        authorized under paragraph (1) to conduct criminal 
        investigations.
    ``(b) Designated Employees of the Federal Railroad 
Administration.--The Administrator shall, by order, designate each 
employee of the Administration whose primary responsibility is rail 
security who shall carry out the authority described in subsection (a). 
The Administrator shall strictly limit access to a system of documented 
criminal justice information to persons with security responsibilities 
and with appropriate security clearances. Such a designated employee 
may, insofar as authorized or permitted by the National Crime 
Prevention and Privacy Compact or other law or agreement governing an 
affected State with respect to such a State--
            ``(1) have access to and receive criminal history, driver, 
        vehicle, and other law enforcement information contained in the 
        law enforcement databases of the Department of Justice, or of 
        any jurisdiction in a State in the same manner as a police 
        officer employed by a State or local authority of that State 
        who is certified or commissioned under the laws of that State;
            ``(2) use any radio, data link, or warning system of the 
        Federal Government and of any jurisdiction in a State that 
        provides information about wanted persons, be-on-the-lookout 
        notices, or warrant status or other officer safety information 
        to which a police officer employed by a State or local 
        authority in that State who is certified or commissioned under 
        the laws of that State has access and in the same manner as 
        such police officer; or
            ``(3) receive Federal, State, or local government 
        communications with a police officer employed by a State or 
        local authority in that State in the same manner as a police 
        officer employed by a State or local authority in that State 
        who is commissioned under the laws of that State.
    ``(c) System of Documented Criminal Justice Information Defined.--
In this section, the term `system of documented criminal justice 
information' means any law enforcement database, systems, or 
communications containing information concerning identification, 
criminal history, arrests, convictions, arrest warrants, or wanted or 
missing persons, including the National Crime Information Center and 
its incorporated criminal history databases and the National Law 
Enforcement Telecommunications System.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 281 is 
amended by adding at the end the following:

``28104. Federal rail officers' access to information''.

SEC. 308. UPDATE OF FEDERAL RAILROAD ADMINISTRATION'S WEBSITE.

    (a) In General.--The Secretary shall update the Federal Railroad 
Administration's public website to better facilitate the ability of the 
public, including those individuals who are not regular users of the 
public website, to find current information regarding the Federal 
Railroad Administration's activities.
    (b) Public Reporting of Violations.--On the Federal Railroad 
Administration's public website's home page, the Secretary shall 
provide a mechanism for the public to submit written reports of 
potential violations of Federal railroad safety and hazardous materials 
transportation laws, regulations and orders to the Federal Railroad 
Administration.

                 TITLE IV--RAILROAD SAFETY ENHANCEMENTS

SEC. 401. EMPLOYEE TRAINING.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 208 of this Act, is further amended by adding at the end the 
following:
``Sec. 20162. Employee training
    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Railroad Safety Enhancement Act of 2008, the Secretary 
of Transportation shall prescribe regulations requiring railroad 
carriers and railroad carrier contractors and subcontractors to develop 
training plans for crafts and classes of employees, as the Secretary 
determines appropriate.
    ``(b) Contents.--The Secretary shall require that each training 
plan--
            ``(1) clearly identify the class of craft of employees to 
        which the plan applies;
            ``(2) require that employees be trained on the requirements 
        of relevant Federal railroad safety laws, regulations, and 
        orders;
            ``(3) require employees to be tested or otherwise 
        demonstrate their proficiency in the subject matter of the 
        training; and
            ``(4) contain any other relevant information that the 
        Secretary deems appropriate.
    ``(c) Submission for Approval.--The Secretary shall require each 
railroad carrier, railroad carrier contractor, and railroad carrier 
subcontractor to submit its training plan to the Federal Railroad 
Administration for review and approval.
    ``(d) Exemption.--The Secretary may exempt railroad carriers and 
railroad carrier contractors and subcontractors from submitting 
training plans covering employees for which the Secretary has issued 
training regulations before the date of enactment of the Railroad 
Safety Enhancement Act of 2008.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 208 of this Act, is further amended by adding at the 
end thereof the following:

``20162. Employee training''.

SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF EMPLOYEES.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall issue a report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure about whether the 
certification of certain crafts or classes of railroad carrier or 
railroad carrier contractor or subcontractor employees is necessary to 
reduce the number and rate of accidents and incidents or to improve 
railroad safety.
    (b) Crafts and Classes to be Considered.--As part of the report, 
the Secretary shall consider--
            (1) conductors;
            (2) car repair and maintenance employees;
            (3) onboard service workers;
            (4) rail welders;
            (5) dispatchers;
            (6) signal repair and maintenance employees; and
            (7) any other craft or class of employees that the 
        Secretary determines appropriate.
    (c) Regulations.--The Secretary may prescribe regulations requiring 
the certification of certain crafts or classes of employees that the 
Secretary determines pursuant to the report required by subsection (a) 
are necessary to reduce the number and rate of accidents and incidents 
or to improve railroad safety.

SEC. 403. TRACK INSPECTION TIME STUDY.

    (a) Study.--Not later that 2 years after the date of enactment of 
this Act, the Secretary shall--
            (1) complete a study to determine whether--
                    (A) the required intervals of track inspections for 
                each class of track should be amended;
                    (B) track remedial action requirements should be 
                amended;
                    (C) different track inspection and repair 
                priorities or methods should be required; and
            (2) issue recommendations for changes to the Federal track 
        safety standards in part 213 of title 49, Code of Federal 
        Regulations, based on the results of the study.
    (b) Considerations.--In conducting the study the Secretary shall 
consider--
            (1) the most current rail flaw, rail defect growth, rail 
        fatigue, and other relevant track- or rail-related research and 
        studies;
            (2) the availability and feasibility of developing and 
        implementing new or novel rail inspection technology for 
        routine track inspections;
            (3) information from National Transportation Safety Board 
        or Federal Railroad Administration accident investigations 
        where track defects were the cause or a contributing cause; and
            (4) other relevant information, as determined by the 
        Secretary.
    (c) Update of Regulations.--Not later than 2 years after the 
completion of the study required by subsection (b), the Secretary shall 
prescribe regulations implementing the recommendations of the study.

SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT STATION PLATFORM GAPS.

    Not later than 2 years after the enactment of this Act, the 
Secretary shall complete a study to determine the most safe, efficient, 
and cost-effective way to improve the safety of rail passenger station 
platforms gaps in order to increase compliance with the requirements 
under the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), 
including regulations issued pursuant to section 504 of such Act (42 
U.S.C. 12204) and to minimize the safety risks associated with such 
gaps for railroad passengers and employees.

SEC. 405. LOCOMOTIVE CAB STUDIES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, through the Railroad Safety Advisory 
Committee if the Secretary makes such a request, shall complete a study 
on the safety impact of the use of personal electronic devices, 
including cell phones, video games, and other distracting devices, by 
safety-related railroad employees (as defined in section 20102(4) of 
title 49, United States Code), during the performance of such 
employees' duties. The study shall consider the prevalence of the use 
of such devices.
    (b) Locomotive Cab Environment.--The Secretary may also study other 
elements of the locomotive cab environment and their effect on an 
employee's health and safety.
    (c) Report.--Not later than 6 months after the completion of any 
study under this section, the Secretary shall issue a report on the 
study to the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation and 
Infrastructure.
    (d) Authority.--Based on the conclusions of the study required 
under (a), the Secretary of Transportation may prohibit the use of 
personal electronic devices, such as cell phones, video games, or other 
electronic devices that may distract employees from safely performing 
their duties, unless those devices are being used according to railroad 
operating rules or for other work purposes. Based on the conclusions of 
other studies conducted under subsection (b), the Secretary may 
prescribe regulations to improve elements of the cab environment to 
protect an employee's health and safety.

SEC. 406. RAILROAD SAFETY TECHNOLOGY GRANTS.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 401 of this Act, is further amended by adding at the end 
thereof the following:
``Sec. 20163. Railroad safety technology grants
    ``(a) Grant Program.--The Secretary of Transportation shall 
establish a grant program for the deployment of train control 
technologies, train control component technologies, processor-based 
technologies, electronically controlled pneumatic brakes, rail 
integrity inspection systems, rail integrity warning systems, switch 
position indicators, remote control power switch technologies, track 
integrity circuit technologies, and other new or novel railroad safety 
technology.
    ``(b) Grant Criteria.--
            ``(1) Eligibility.--Grants shall be made under this section 
        to eligible passenger and freight railroad carriers, railroad 
        suppliers, and State and local governments for projects 
        described in subsection (a) that have a public benefit of 
        improved safety and network efficiency.
            ``(2) Considerations.--Priority shall be given to projects 
        that--
                    ``(A) focus on making technologies interoperable 
                between railroad systems, such as train control 
                technologies;
                    ``(B) provide incentives for train control 
                technology deployment on high-risk corridors, such as 
                those that have high volumes of hazardous materials 
                shipments or over which commuter or passenger trains 
                operate; or
                    ``(C) benefit both passenger and freight safety and 
                efficiency.
            ``(3) Technology implementation plan.--Grants may not be 
        awarded under this section to entities that fail to develop and 
        submit to the Secretary a technology implementation plan as 
        required by section 20157(d)(2).
            ``(4) Matching requirements.--Federal funds for any 
        eligible project under this section shall not exceed 50 percent 
        of the total cost of such project.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $10,000,000 for each of 
fiscal years 2008 through 2013 to carry out this section. Amounts 
appropriated pursuant to this section shall remain available until 
expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 401 of this Act, is further amended by inserting 
after the item relating to section 20163 the following:

``20163. Railroad safety technology grants''.

SEC. 407. RAILROAD SAFETY INFRASTRUCTURE IMPROVEMENT GRANTS.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 406 of this Act, is further amended by adding at the end 
thereof the following:
``Sec. 20164. Railroad safety infrastructure improvement grants
    ``(a) Grant Program.--The Secretary of Transportation shall 
establish a grant program for safety improvements to railroad 
infrastructure, including the acquisition, improvement, or 
rehabilitation of intermodal or rail equipment or facilities, including 
track, bridges, tunnels, yards, buildings, passenger stations, 
facilities, and maintenance and repair shops.
    ``(b) Eligibility.--Grants shall be made under this section to 
eligible passenger and freight railroad carriers, and State and local 
governments for projects described in subsection (a).
    ``(c) Considerations.--In awarding grants the Secretary shall 
consider, at a minimum--
            ``(1) the age and condition of the rail infrastructure of 
        the applicant;
            ``(2) the railroad's safety record, including accident and 
        incident numbers and rates;
            ``(3) the volume of hazardous materials transported by the 
        railroad;
            ``(4) the operation of passenger trains over the railroad; 
        and
            ``(5) whether the railroad has submitted a railroad safety 
        risk reduction program, as required by section 20157.
    ``(d) Matching Requirements.--Federal funds for any eligible 
project under this section shall not exceed 50 percent of the total 
cost of such project.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $7,500,000 for each of 
fiscal years 2008 through 2013 to carry out this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 406 of this Act, is amended by inserting after the 
item relating to section 20163 the following:

``20164. Railroad safety infrastructure improvement grants''.

SEC. 408. AMENDMENT TO THE MOVEMENT-FOR-REPAIR PROVISION.

    Section 20303 is amended by adding at the end the following:
    ``(d) Additional Conditions for Movement To Make Repairs to 
Defective or Insecure Vehicles.--
            ``(1) In general.--The Secretary of Transportation may 
        impose conditions for the movement of a defective or insecure 
        vehicle to make repairs in addition to those conditions set 
        forth in subsection (a) by prescribing regulations or issuing 
        orders as necessary.
            ``(2) Necessity of movement.--The movement of a defective 
        or insecure vehicle from a location may be necessary to make 
        repairs of the vehicle even though a mobile repair truck 
        capable of making the repairs has gone to the location on an 
        irregular basis (as specified in regulations prescribed by the 
        Secretary).
    ``(e) Definitions.--In this section:
            ``(1) Nearest.--The term `nearest' means the closest in the 
        forward direction of travel for the defective or insecure 
        vehicle.
            ``(2) Place at which the repairs can be made.--The term 
        `place at which the repairs can be made' means--
                    ``(A) a location with a fixed facility for 
                conducting the repairs that are necessary to bring the 
                defective or insecure vehicle into compliance with this 
                chapter; or
                    ``(B) a location where a mobile repair truck 
                capable of making the repairs that are necessary to 
                bring the defective or insecure vehicle into compliance 
                with this chapter makes the same kind of repair at the 
                location regularly (as specified in regulations 
                prescribed by the Secretary).''.

SEC. 409. DEVELOPMENT AND USE OF RAIL SAFETY TECHNOLOGY.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 407 of this Act, is further amended by adding at the end the 
following new section:
``Sec. 20165. Development and use of rail safety technology
    ``(a) In General.--Not later than 1 year after enactment of the 
Railroad Safety Enhancement Act of 2008, the Secretary of 
Transportation shall prescribe standards, guidance, regulations, or 
orders governing the development, use, and implementation of rail 
safety technology in dark territory, in arrangements not defined in 
section 20501 or otherwise not covered by Federal standards, guidance, 
regulations, or orders that ensures its safe operation, such as--
            ``(1) switch position monitoring devices;
            ``(2) radio, remote control or other power-assisted 
        switches;
            ``(3) hot box, high water or earthquake detectors;
            ``(4) remote control locomotive zone limiting devices;
            ``(5) slide fences;
            ``(6) grade crossing video monitors;
            ``(7) track integrity warning systems;
            ``(8) or other similar rail safety technologies, as 
        determined by the Secretary.
    ``(b) Dark Territory Defined.--In this section, the term `dark 
territory' means any territory in a railroad system that does not have 
a signal or train control system installed or operational.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 407 of this Act, is amended by inserting after the 
item relating to section 20164 the following:

``20165. Development and use of rail safety technology''.

SEC. 410. EMPLOYEE SLEEPING QUARTERS.

    Section 21106 is amended--
            (1) by inserting ``(a) In General.--'' before ``A railroad 
        carrier'';
            (2) by striking ``sanitary and give those employees and 
        individuals an opportunity for rest free from the interruptions 
        caused by noise under the control of the carrier;'' in 
        paragraph (1) and inserting ``sanitary, give those employees 
        and individuals an opportunity for rest free from the 
        interruptions caused by noise under the control of the carrier, 
        and provide indoor toilet facilities, potable water, and other 
        features to protect the health of employees;'' and
            (3) by adding at the end the following:
    ``(b) Camp Cars.--No later than 12 months after the date of 
enactment of the Railroad Safety Enhancement Act of 2008, the 
Secretary, in consultation with the Secretary of Labor, shall prescribe 
regulations governing the use of camp cars, pursuant to subsection 
(a)(1), for employees and any individuals employed to maintain the 
right of way of a railroad carrier. The regulations may also prohibit 
the use of camp cars, if necessary, to protect the health and safety of 
the employees.''.

SEC. 411. EMPLOYEE PROTECTIONS.

    Section 20109(a) is amended--
            (1) by redesignating paragraphs (5) through (7) as 
        paragraphs (6) through (8), respectively; and
            (2) by inserting after paragraph (4) the following:
            ``(5) to request that a railroad carrier provide first aid, 
        prompt medical treatment, or transportation to an appropriate 
        medical facility or hospital after being injured during the 
        course of employment, or to comply with treatment prescribed by 
        a physician or licensed health care professional, except that a 
        railroad carrier's refusal to permit an employee to return to 
        work upon that employee's release by his or her physician or 
        licensed health care professional shall not be considered 
        discrimination if the refusal is in compliance with the 
        carrier's medical standards for fitness for duty;''.

SEC. 412. UNIFIED TREATMENT OF FAMILIES OF RAILROAD CARRIERS.

    Section 20102(3), as redesignated by section 2(b) of this Act, is 
amended to read as follows:
            ``(3) `railroad carrier' means a person providing railroad 
        transportation, except that, upon petition by a group of 
        commonly controlled railroad carriers that the Secretary 
        determines is operating within the United States as a single, 
        integrated rail system, the Secretary may by order treat the 
        group of railroad carriers as a single railroad carrier for 
        purposes of one or more provisions of part A, subtitle V of 
        this title and implementing regulations and order, subject to 
        any appropriate conditions that the Secretary may impose.''.

SEC. 413. STUDY OF REPEAL OF CONRAIL PROVISION.

    Within 1 year after the date of enactment of this Act, the 
Secretary shall complete a study of the impacts of repealing section 
711 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797j). 
Within 6 months after completing the study, the Secretary shall 
transmit a report with the Secretary's findings, conclusions, and 
recommendations to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure.

SEC. 414. LIMITATIONS ON NON-FEDERAL ALCOHOL AND DRUG TESTING BY 
              RAILROAD CARRIERS.

    (a) In General.--Chapter 20l, as amended by section 409, is further 
amended by adding at the end the following:
``Sec. 20166. Limitations on non-Federal alcohol and drug testing
    ``(a) Testing Requirements.--Any non-Federal alcohol and drug 
testing program of a railroad carrier must provide that all post-
employment tests of the specimens of employees who are subject to both 
the program and chapter 211 of this title be conducted using a 
scientifically recognized method of testing capable of determining the 
presence of the specific analyte at a level above the cut-off level 
established by the carrier.
    ``(b) Redress Process.--Each railroad carrier that has a non-
Federal alcohol and drug testing program must provide a redress process 
to its employees who are subject to both the alcohol and drug testing 
program and chapter 211 of this title for such an employee to petition 
for and receive a carrier hearing to review his or her specimen test 
results that were determined to be in violation of the program. A 
dispute or grievance raised by a railroad carrier or its employee, 
except a probationary employee, in connection with the carrier's 
alcohol and drug testing program and the application of this section is 
subject to resolution under section 3 of the Railway Labor Act (45 
U.S.C. 153).''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 409 of this Act, is further amended by inserting 
after the item relating to section 20165 the following:

``20166. Limitations on non-Federal alcohol and drug testing by 
                            railroad carriers''.

SEC. 415. CRITICAL INCIDENT STRESS PLAN.

    (a) In General.--The Secretary of Transportation, in consultation 
with the Secretary of Labor and the Secretary of Health and Human 
Services, as appropriate, shall require each Class I railroad carrier, 
each intercity passenger railroad carrier, and each commuter railroad 
carrier to develop and submit for approval to the Secretary a critical 
incident stress plan that provides for debriefing, counseling, 
guidance, and other appropriate support services to be offered to an 
employee affected by a critical incident.
    (b) Plan Requirements.--Each such plan shall include provisions 
for--
            (1) relieving an employee who was involved in a critical 
        incident of his or her duties for the balance of the duty tour, 
        following any actions necessary for the safety of persons and 
        contemporaneous documentation of the incident;
            (2) upon the employee's request, relieving an employee who 
        witnessed a critical incident of his or her duties following 
        any actions necessary for the safety of persons and 
        contemporaneous documentation of the incident; and
            (3) providing such leave from normal duties as may be 
        necessary and reasonable to receive preventive services, 
        treatment, or both, related to the incident.
    (c) Secretary To Define What Constitutes A Critical Incident.--
Within 30 days after the date of enactment of this Act, the Secretary 
shall initiate a rulemaking proceeding to define the term ``critical 
incident'' for the purposes of this section.

SEC. 416. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION STUDY.

    (a) Study.--The Secretary of Transportation shall, in consultation 
with the Secretary of Energy, the Secretary of Labor, the Administrator 
of the Environmental Protection Agency, and the Chairman of the Nuclear 
Regulatory Commission, as appropriate, conduct a study of the potential 
hazards to which employees of railroad carriers and railroad 
contractors or subcontractors are exposed during the transportation of 
high-level radioactive waste and spent nuclear fuel (as defined in 
section 5101(a) of title 49, United States Code), supplementing the 
report submitted under section 5101(b) of that title, which may 
include--
            (1) an analysis of the potential application of ``as low as 
        reasonably achievable'' principles for exposure to radiation to 
        such employees with an emphasis on the need for special 
        protection from radiation exposure for such employees during 
        the first trimester of pregnancy or who are undergoing or have 
        recently undergone radiation therapy;
            (2) the feasibility of requiring real-time dosimetry 
        monitoring for such employees;
            (3) the feasibility of requiring routine radiation exposure 
        monitoring in fixed railroad locations, such as yards and 
        repair facilities; and
            (4) a review of the effectiveness of the Department of 
        Transportation packaging requirements for radioactive 
        materials.
    (b) Report.--No later than 18 months after the date of enactment of 
this Act, the Secretary of Transportation shall transmit a report on 
the results of the study required by subsection (a) and any 
recommendations to further protect employees of a railroad carrier or 
of a contractor or subcontractor to a railroad carrier from unsafe 
exposure to radiation during the transportation of high-level 
radioactive waste and spent nuclear fuel to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure.
    (c) Regulatory Authority.--The Secretary of Transportation may 
issue regulations that the Secretary determines appropriate, pursuant 
to the report required by subsection (b), to protect railroad employees 
from unsafe exposure to radiation during the transportation of 
radioactive materials.

SEC. 417. ALCOHOL AND CONTROLLED SUBSTANCE TESTING FOR MAINTENANCE-OF-
              WAY EMPLOYEES.

    Not later than 2 years following the date of enactment of this Act, 
the Secretary of Transportation shall complete a rulemaking proceeding 
to revise the regulations prescribed under section 20140 of title 49, 
United States Code, to cover all employees of railroad carriers and 
contractors or subcontractors to railroad carriers who perform 
maintenance-of-way activities.

           TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE

SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO 
              FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER 
              ACCIDENTS.

    (a) In General.--Chapter 11 is amended by adding at the end of 
subchapter III the following:
``Sec. 1139. Assistance to families of passengers involved in rail 
              passenger accidents
    ``(a) In General.--As soon as practicable after being notified of a 
rail passenger accident within the United States involving a rail 
passenger carrier and resulting in a major loss of life, the Chairman 
of the National Transportation Safety Board shall--
            ``(1) designate and publicize the name and phone number of 
        a director of family support services who shall be an employee 
        of the Board and shall be responsible for acting as a point of 
        contact within the Federal Government for the families of 
        passengers involved in the accident and a liaison between the 
        rail passenger carrier and the families; and
            ``(2) designate an independent nonprofit organization, with 
        experience in disasters and posttrauma communication with 
        families, which shall have primary responsibility for 
        coordinating the emotional care and support of the families of 
        passengers involved in the accident.
    ``(b) Responsibilities of the Board.--The Board shall have primary 
Federal responsibility for--
            ``(1) facilitating the recovery and identification of 
        fatally injured passengers involved in an accident described in 
        subsection (a); and
            ``(2) communicating with the families of passengers 
        involved in the accident as to the roles of--
                    ``(A) the organization designated for an accident 
                under subsection (a)(2);
                    ``(B) Government agencies; and
                    ``(C) the rail passenger carrier involved,
        with respect to the accident and the post-accident activities.
    ``(c) Responsibilities of Designated Organization.--The 
organization designated for an accident under subsection (a)(2) shall 
have the following responsibilities with respect to the families of 
passengers involved in the accident:
            ``(1) To provide mental health and counseling services, in 
        coordination with the disaster response team of the rail 
        passenger carrier involved.
            ``(2) To take such actions as may be necessary to provide 
        an environment in which the families may grieve in private.
            ``(3) To meet with the families who have traveled to the 
        location of the accident, to contact the families unable to 
        travel to such location, and to contact all affected families 
        periodically thereafter until such time as the organization, in 
        consultation with the director of family support services 
        designated for the accident under subsection (a)(1), determines 
        that further assistance is no longer needed.
            ``(4) To arrange a suitable memorial service, in 
        consultation with the families.
    ``(d) Passenger Lists.--
            ``(1) Requests for passenger lists.--
                    ``(A) Requests by director of family support 
                services.--It shall be the responsibility of the 
                director of family support services designated for an 
                accident under subsection (a)(1) to request, as soon as 
                practicable, from the rail passenger carrier involved 
                in the accident a list, which is based on the best 
                available information at the time of the request, of 
                the names of the passengers that were aboard the rail 
                passenger carrier's train involved in the accident. A 
                rail passenger carrier shall use reasonable efforts, 
                with respect to its unreserved trains, and passengers 
                not holding reservations on its other trains, to 
                ascertain the names of passengers aboard a train 
                involved in an accident.
                    ``(B) Requests by designated organization.--The 
                organization designated for an accident under 
                subsection (a)(2) may request from the rail passenger 
                carrier involved in the accident a list described in 
                subparagraph (A).
            ``(2) Use of information.--Except as provided in subsection 
        (k), the director of family support services and the 
        organization may not release to any person information on a 
        list obtained under paragraph (1) but may provide information 
        on the list about a passenger to the family of the passenger to 
        the extent that the director of family support services or the 
        organization considers appropriate.
    ``(e) Continuing Responsibilities of the Board.--In the course of 
its investigation of an accident described in subsection (a), the Board 
shall, to the maximum extent practicable, ensure that the families of 
passengers involved in the accident--
            ``(1) are briefed, prior to any public briefing, about the 
        accident and any other findings from the investigation; and
            ``(2) are individually informed of and allowed to attend 
        any public hearings and meetings of the Board about the 
        accident.
    ``(f) Use of Rail Passenger Carrier Resources.--To the extent 
practicable, the organization designated for an accident under 
subsection (a)(2) shall coordinate its activities with the rail 
passenger carrier involved in the accident to facilitate the reasonable 
use of the resources of the carrier.
    ``(g) Prohibited Actions.--
            ``(1) Actions to impede the board.--No person (including a 
        State or political subdivision) may impede the ability of the 
        Board (including the director of family support services 
        designated for an accident under subsection (a)(1)), or an 
        organization designated for an accident under subsection 
        (a)(2), to carry out its responsibilities under this section or 
        the ability of the families of passengers involved in the 
        accident to have contact with one another.
            ``(2) Unsolicited communications.--No unsolicited 
        communication concerning a potential action for personal injury 
        or wrongful death may be made by an attorney (including any 
        associate, agent, employee, or other representative of an 
        attorney) or any potential party to the litigation to an 
        individual (other than an employee of the rail passenger 
        carrier) injured in the accident, or to a relative of an 
        individual involved in the accident, before the 45th day 
        following the date of the accident.
            ``(3) Prohibition on actions to prevent mental health and 
        counseling services.--No State or political subdivision may 
        prevent the employees, agents, or volunteers of an organization 
        designated for an accident under subsection (a)(2) from 
        providing mental health and counseling services under 
        subsection (c)(1) in the 30-day period beginning on the date of 
        the accident. The director of family support services 
        designated for the accident under subsection (a)(1) may extend 
        such period for not to exceed an additional 30 days if the 
        director determines that the extension is necessary to meet the 
        needs of the families and if State and local authorities are 
        notified of the determination.
    ``(h) Definitions.--In this section:
            ``(1) Rail passenger accident.--The term `rail passenger 
        accident' means any rail passenger disaster resulting in a 
        major loss of life occurring in the provision of--
                    ``(A) interstate intercity rail passenger 
                transportation (as such term is defined in section 
                24102); or
                    ``(B) interstate or intrastate high-speed rail (as 
                such term is defined in section 26105) transportation,
        regardless of its cause or suspected cause.
            ``(2) Rail passenger carrier.--The term `rail passenger 
        carrier' means a rail carrier providing--
                    ``(A) interstate intercity rail passenger 
                transportation (as such term is defined in section 
                24102); or
                    ``(B) interstate or intrastate high-speed rail (as 
                such term is defined in section 26105) transportation,
        except that such term does not include a tourist, historic, 
        scenic, or excursion rail carrier.
            ``(3) Passenger.--The term `passenger' includes--
                    ``(A) an employee of a rail passenger carrier 
                aboard a train;
                    ``(B) any other person aboard the train without 
                regard to whether the person paid for the 
                transportation, occupied a seat, or held a reservation 
                for the rail transportation; and
                    ``(C) any other person injured or killed in a rail 
                passenger accident, as determined appropriate by the 
                Board.
    ``(i) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that a rail passenger 
carrier may take, or the obligations that a rail passenger carrier may 
have, in providing assistance to the families of passengers involved in 
a rail passenger accident.
    ``(j) Relinquishment of Investigative Priority.--
            ``(1) General rule.--This section (other than subsection 
        (g)) shall not apply to a railroad accident if the Board has 
        relinquished investigative priority under section 1131(a)(2)(B) 
        and the Federal agency to which the Board relinquished 
        investigative priority is willing and able to provide 
        assistance to the victims and families of the passengers 
        involved in the accident.
            ``(2) Board assistance.--If this section does not apply to 
        a railroad accident because the Board has relinquished 
        investigative priority with respect to the accident, the Board 
        shall assist, to the maximum extent possible, the agency to 
        which the Board has relinquished investigative priority in 
        assisting families with respect to the accident.
    ``(k) Savings Clause.--Nothing in this section shall be construed 
to abridge the authority of the Board or the Secretary of 
Transportation to investigate the causes or circumstances of any rail 
accident, including development of information regarding the nature of 
injuries sustained and the manner in which they were sustained for the 
purposes of determining compliance with existing laws and regulations 
or for identifying means of preventing similar injuries in the future, 
or both.''.
    (b) Conforming Amendment.--The table of sections for such chapter 
is amended by inserting after the item relating to section 1138 the 
following:

``1139. Assistance to families of passengers involved in rail passenger 
                            accidents''.

SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMILIES OF PASSENGERS 
              INVOLVED IN RAIL PASSENGER ACCIDENTS.

    (a) In General.--Chapter 243 is amended by adding at the end the 
following:
``Sec. 24316. Plans to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date 
of the enactment of the Railroad Safety Enhancement Act of 2008, a rail 
passenger carrier shall submit to the Chairman of the National 
Transportation Safety Board, the Secretary of Transportation, and the 
Secretary of Homeland Security a plan for addressing the needs of the 
families of passengers involved in any rail passenger accident 
involving a rail passenger carrier intercity train and resulting in a 
major loss of life.
    ``(b) Contents of Plans.--The plan to be submitted by a rail 
passenger carrier under subsection (a) shall include, at a minimum, the 
following:
            ``(1) A process by which a rail passenger carrier will 
        maintain and provide to the National Transportation Safety 
        Board, the Secretary of Transportation, and the Secretary of 
        Homeland Security, immediately upon request, a list (which is 
        based on the best available information at the time of the 
        request) of the names of the passengers aboard the train 
        (whether or not such names have been verified), and will 
        periodically update the list. The plan shall include a 
        procedure, with respect to unreserved trains and passengers not 
        holding reservations on other trains, for a rail passenger 
        carrier to use reasonable efforts to ascertain the number and 
        names of passengers aboard a train involved in an accident.
            ``(2) A plan for creating and publicizing a reliable, toll-
        free telephone number within 4 hours after such an accident 
        occurs, and for providing staff, to handle calls from the 
        families of the passengers.
            ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.
            ``(4) A process for providing the notice described in 
        paragraph (2) to the family of a passenger as soon as a rail 
        passenger carrier has verified that the passenger was aboard 
        the train (whether or not the names of all of the passengers 
        have been verified).
            ``(5) A process by which the family of each passenger will 
        be consulted about the disposition of all remains and personal 
        effects of the passenger within a rail passenger carrier's 
        control; that any possession of the passenger within a rail 
        passenger carrier's control will be returned to the family 
        unless the possession is needed for the accident investigation 
        or any criminal investigation; and that any unclaimed 
        possession of a passenger within a rail passenger carrier's 
        control will be retained by the rail passenger carrier for at 
        least 18 months.
            ``(6) A process by which the treatment of the families of 
        nonrevenue passengers will be the same as the treatment of the 
        families of revenue passengers.
            ``(7) An assurance that a rail passenger carrier will 
        provide adequate training to its employees and agents to meet 
        the needs of survivors and family members following an 
        accident.
    ``(c) Use of Information.--Neither the National Transportation 
Safety Board, the Secretary of Transportation, the Secretary of 
Homeland Security, nor a rail passenger carrier may release any 
personal information on a list obtained under subsection (b)(1) but may 
provide information on the list about a passenger to the family of the 
passenger to the extent that the Board or a rail passenger carrier 
considers appropriate.
    ``(d) Limitation on Liability.--A rail passenger carrier shall not 
be liable for damages in any action brought in a Federal or State court 
arising out of the performance of a rail passenger carrier under this 
section in preparing or providing a passenger list, or in providing 
information concerning a train reservation, pursuant to a plan 
submitted by a rail passenger carrier under subsection (b), unless such 
liability was caused by a rail passenger carrier's gross negligence or 
extreme misconduct.
    ``(e) Limitations on Statutory Construction.--
            ``(1) Rail passenger carriers.--Nothing in this section may 
        be construed as limiting the actions that a rail passenger 
        carrier may take, or the obligations that a rail passenger 
        carrier may have, in providing assistance to the families of 
        passengers involved in a rail passenger accident.
            ``(2) Investigational Authority of Board and Secretary.--
        Nothing in this section shall be construed to abridge the 
        authority of the Board or the Secretary of Transportation to 
        investigate the causes or circumstances of any rail accident, 
        including the development of information regarding the nature 
        of injuries sustained and the manner in which they were 
        sustained, for the purpose of determining compliance with 
        existing laws and regulations or identifying means of 
        preventing similar injuries in the future.
    ``(f) Funding.--Out of funds appropriated pursuant to section 
20117(a)(1)(A), there shall be made available to the Secretary of 
Transportation $500,000 for fiscal year 2008 to carry out this section. 
Amounts made available pursuant to this subsection shall remain 
available until expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 243 is 
amended by adding at the end the following:

``24316.  Plan to assist families of passengers involved in rail 
                            passenger accidents''.

SEC. 503. ESTABLISHMENT OF TASK FORCE.

    (a) Establishment.--The Secretary, in cooperation with the National 
Transportation Safety Board, organizations potentially designated under 
section 1139(a)(2) of title 49, United States Code, rail passenger 
carriers (as defined in section 1139(h)(2) of title 49, United States 
Code), and families which have been involved in rail accidents, shall 
establish a task force consisting of representatives of such entities 
and families, representatives of rail passenger carrier employees, and 
representatives of such other entities as the Secretary considers 
appropriate.
    (b) Model Plan and Recommendations.--The task force established 
pursuant to subsection (a) shall develop--
            (1) a model plan to assist rail passenger carriers in 
        responding to passenger rail accidents;
            (2) recommendations on methods to improve the timeliness of 
        the notification provided by passenger rail carriers to the 
        families of passengers involved in a passenger rail accident;
            (3) recommendations on methods to ensure that the families 
        of passengers involved in a passenger rail accident who are not 
        citizens of the United States receive appropriate assistance; 
        and
            (4) recommendations on methods to ensure that emergency 
        services personnel have as immediate and accurate a count of 
        the number of passengers onboard the train as possible.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall transmit to Congress a report 
containing the model plan and recommendations developed by the task 
force under subsection (b).

   TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE 
                               FACILITIES

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Clean Railroads Act of 2007''.

SEC. 602. CLARIFICATION OF GENERAL JURISDICTION OVER SOLID WASTE 
              TRANSFER FACILITIES.

    Section 10501(c)(2) is amended to read as follows:
    ``(2) Except as provided in paragraph (3), the Board does not have 
jurisdiction under this part over--
                    ``(A) mass transportation provided by a local 
                government authority; or
                    ``(B) a solid waste rail transfer facility as 
                defined in section 10908 of this title, except as 
                provided under sections 10908 and 10909 of this title.

SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES.

    (a) In General.--Chapter 109 is amended by adding at the end 
thereof the following:
``10908. Regulation of solid waste rail transfer facilities
    ``(a) In General.--Each solid waste rail transfer facility shall be 
subject to and shall comply with all applicable Federal and State 
requirements, both substantive and procedural, including judicial and 
administrative orders and fines, respecting the prevention and 
abatement of pollution, the protection and restoration of the 
environment, and the protection of public health and safety, including 
laws governing solid waste, to the same extent as required for any 
similar solid waste management facility, as defined in section 1004(29) 
of the Solid Waste Disposal Act (42 U.S.C. 6903(29)) that is not owned 
or operated by or on behalf of a rail carrier, except as provided for 
in section 10909 of this chapter.
    ``(b) Existing Facilities.--
            ``(1) State laws and standards.--Within 90 days after the 
        date of enactment of the Clean Railroads Act of 2008, a solid 
        waste rail transfer facility operating as of such date of 
        enactment shall comply with all Federal and State requirements 
        pursuant to subsection (a) other than those provisions 
        requiring permits.
            ``(2) Permit requirements.--
                    ``(A) State non-siting permits.--Any solid waste 
                rail transfer facility operating as of the date of 
                enactment of the Clean Railroads Act of 2008 that does 
                not possess a permit required pursuant to subsection 
                (a), other than a siting permit for the facility, as of 
                the date of enactment of the Clean Railroads Act of 
                2008 shall not be required to possess any such permits 
                in order to operate the facility--
                            ``(i) if, within 180 days after such date 
                        of enactment, the solid waste rail transfer 
                        facility has submitted, in good faith, a 
                        complete application for all permits, except 
                        siting permits, required pursuant to subsection 
                        (a) to the appropriate permitting agency 
                        authorized to grant such permits; and
                            ``(ii) until the permitting agency has 
                        either approved or denied the solid waste rail 
                        transfer facility's application for each 
                        permit.
                    ``(B) Siting permits and requirements.--A solid 
                waste rail transfer facility operating as of the date 
                of enactment of the Clean Railroads Act of 2008 that 
                does not possess a State siting permit required 
                pursuant to subsection (a) as of such date of enactment 
                shall not be required to possess any siting permit to 
                continue to operate or comply with any State land use 
                requirements. The Governor of a State in which the 
                facility is located or his or her designee may petition 
                the Board to require the facility to apply for a land-
                use exemption pursuant to section 10909 of this 
                chapter. The Board shall accept the petition, and the 
                facility shall be required to have a Board-issued land-
                use exemption in order to continue to operate, pursuant 
                to section 10909 of this chapter.
    ``(c) Common Carrier Obligation.--No prospective or current rail 
carrier customer may demand solid waste rail transfer service from a 
rail carrier at a solid waste rail transfer facility that does not 
already possess the necessary Federal land use exemption and State 
permits at the location where service is requested.
    ``(d) Non-Waste Commodities.--Nothing in this section or section 
10909 of this chapter shall affect a rail carrier's ability to conduct 
transportation-related activities with respect to commodities other 
than solid waste.
    ``(e) Definitions.--
            ``(1) In general.--In this section:
                    ``(A) Commercial and retail waste.--The term 
                `commercial and retail waste' means material discarded 
                by stores, offices, restaurants, warehouses, 
                nonmanufacturing activities at industrial facilities, 
                and other similar establishments or facilities.
                    ``(B) Construction and demolition debris.--The term 
                `construction and demolition debris' means waste 
                building materials, packaging, and rubble resulting 
                from construction, remodeling, repair, and demolition 
                operations on pavements, houses, commercial buildings, 
                and other structures.
                    ``(C) Household waste.--The term `household waste' 
                means material discarded by residential dwellings, 
                hotels, motels, and other similar permanent or 
                temporary housing establishments or facilities.
                    ``(D) Industrial waste.--The term `industrial 
                waste' means the solid waste generated by manufacturing 
                and industrial and research and development processes 
                and operations, including contaminated soil, 
                nonhazardous oil spill cleanup waste and dry 
                nonhazardous pesticides and chemical waste, but does 
                not include hazardous waste regulated under subtitle C 
                of the Solid Waste Disposal Act (42 U.S.C. 6921 et 
                seq.), mining or oil and gas waste.
                    ``(E) Institutional waste.--The term `institutional 
                waste' means material discarded by schools, nonmedical 
                waste discarded by hospitals, material discarded by 
                nonmanufacturing activities at prisons and government 
                facilities, and material discarded by other similar 
                establishments or facilities.
                    ``(F) Municipal solid waste.--The term `municipal 
                solid waste' means--
                            ``(i) household waste;
                            ``(ii) commercial and retail waste; and
                            ``(iii) institutional waste.
                    ``(G) Solid waste.--With the exception of waste 
                generated by a rail carrier during track, track 
                structure, or right-of-way construction, maintenance, 
                or repair (including railroad ties and line-side poles) 
                or waste generated as a result of a railroad accident, 
                incident, or derailment, the term `solid waste' means--
                            ``(i) construction and demolition debris;
                            ``(ii) municipal solid waste;
                            ``(iii) household waste;
                            ``(iv) commercial and retail waste;
                            ``(v) institutional waste;
                            ``(vi) sludge;
                            ``(vii) industrial waste; and
                            ``(viii) other solid waste, as determined 
                        appropriate by the Board.
                    ``(H) Solid waste rail transfer facility.--The term 
                `solid waste rail transfer facility'--
                            ``(i) means the portion of a facility owned 
                        or operated by or on behalf of a rail carrier 
                        (as defined in section 10102 of this title) 
                        where solid waste, as a commodity to be 
                        transported for a charge, is collected, stored, 
                        separated, processed, treated, managed, 
                        disposed of, or transferred, when the activity 
                        takes place outside of original shipping 
                        containers; but
                            ``(ii) does not include--
                                    ``(I) the portion of a facility to 
                                the extent that activities taking place 
                                at such portion are comprised solely of 
                                the railroad transportation of solid 
                                waste after the solid waste is loaded 
                                for shipment on or in a rail car, 
                                including railroad transportation for 
                                the purpose of interchanging railroad 
                                cars containing solid waste shipments; 
                                or
                                    ``(II) a facility where solid waste 
                                is solely transferred or transloaded 
                                from a tank truck directly to a rail 
                                tank car.
                    ``(I) Sludge.--The term `sludge' means any solid, 
                semi-solid or liquid waste generated from a municipal, 
                commercial, or industrial wastewater treatment plant, 
                water supply treatment plant, or air pollution control 
                facility exclusive of the treated effluent from a 
                wastewater treatment plant.
            ``(2) Exceptions.--Notwithstanding paragraph (1), the terms 
        `household waste', `commercial and retail waste', and 
        `institutional waste' do not include--
                    ``(A) yard waste and refuse-derived fuel;
                    ``(B) used oil;
                    ``(C) wood pallets;
                    ``(D) clean wood;
                    ``(E) medical or infectious waste; or
                    ``(F) motor vehicles (including motor vehicle parts 
                or vehicle fluff).
            ``(3) State requirements.--In this section the term `State 
        requirements' does not include the laws, regulations, 
        ordinances, orders, or other requirements of a political 
        subdivision of a State, including a locality or municipality, 
        unless a State expressly delegates such authority to such 
        political subdivision.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 109 is 
amended by inserting after the item relating to section 10907 the 
following:

``10908. Regulation of solid waste rail transfer facilities''.

SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND-USE EXEMPTION 
              AUTHORITY.

    (a) In General.--Chapter 109 is further amended by adding at the 
end thereof the following:
``10909. Solid waste rail transfer facility land-use exemption
    ``(a) Authority.--The Board may issue a land-use exemption for a 
solid waste rail transfer facility that is or is proposed to be 
operated by or on behalf of a rail carrier if--
            ``(1) the Board finds that a State, local, or municipal 
        law, regulation, order, or other requirement affecting the 
        siting of such facility unreasonably burdens the interstate 
        transportation of solid waste by railroad, discriminates 
        against the railroad transportation of solid waste and a solid 
        waste rail transfer facility, or a rail carrier that owns or 
        operates such a facility petitions the Board for such an 
        exemption; or
            ``(2) the Governor of a State in which a facility that is 
        operating as of the date of enactment of the Clean Railroads 
        Act of 2008 is located, or his or her designee, petitions the 
        Board to initiate a permit proceeding for that particular 
        facility.
    ``(b) Land-use Exemption Procedures.--No later than 90 days after 
the date of enactment of the Clean Railroad Act of 2008, the Board 
shall publish procedures governing the submission and review of 
applications for solid waste rail transfer facility land-use 
exemptions. At a minimum, the procedures shall address--
            ``(1) the information that each application should contain 
        to explain how the solid waste rail transfer facility will not 
        pose an unreasonable risk to public health, safety or the 
        environment;
            ``(2) the opportunity for public notice and comment 
        including notification of the municipality, the State, and any 
        relevant Federal or State regional planning entity in the 
        jurisdiction of which the solid waste rail transfer facility is 
        proposed to be located;
            ``(3) the timeline for Board review, including a 
        requirement that the Board approve or deny an exemption within 
        90 days after the full record for the application is developed;
            ``(4) the expedited review timelines for petitions for 
        modifications, amendments, or revocations of granted 
        exemptions;
            ``(5) the process for a State to petition the Board to 
        require a solid waste transfer facility or a rail carrier that 
        owns or operates such a facility to apply for a siting permit; 
        and
            ``(6) the process for a solid waste transfer facility or a 
        rail carrier that owns or operates such a facility to petition 
        the Board for a land-use exemption.
    (c) Standard for Review.--
            ``(1) The Board may only issue a land use exemption if it 
        determines that the facility at the existing or proposed 
        location does not pose an unreasonable risk to public health, 
        safety, or the environment. In deciding whether a solid waste 
        rail transfer facility that is or proposed to be constructed or 
        operated by or on behalf of a rail carrier poses an 
        unreasonable risk to public health, safety, or the environment, 
        the Board shall weigh the particular facility's potential 
        benefits to and the adverse impacts on public health, public 
        safety, the environment, interstate commerce, and 
        transportation of solid waste by rail.
            ``(2) The Board may not grant a land-use exemption for a 
        solid waste rail transfer facility proposed to be located on 
        land within any unit of or land affiliated with the National 
        Park System, the National Wildlife Refuge System, the National 
        Wilderness Preservation System, the National Trails System, the 
        National Wild and Scenic Rivers System, a National Reserve, a 
        National Monument, or lands referenced in Public Law 108-421 
        for which a State has implemented a conservation management 
        plan, if operation of the facility would be inconsistent with 
        restrictions placed on such land.
    ``(d) Considerations.--When evaluating an application under this 
section, the Board shall consider and give due weight to the following, 
as applicable:
            ``(1) the land use, zoning, and siting regulations or solid 
        waste planning requirements of the State or State subdivision 
        in which the facility is or will be located that are applicable 
        to solid waste transfer facilities, including those that are 
        not owned or operated by or on behalf of a rail carrier;
            ``(2) the land use, zoning, and siting regulations or solid 
        waste planning requirements applicable to the property where 
        the solid waste rail transfer facility is proposed to be 
        located;
            ``(3) regional transportation planning requirements 
        developed pursuant to Federal and State law;
            ``(4) regional solid waste disposal plans developed 
        pursuant to State or Federal law;
            ``(5) any Federal and State environmental protection laws 
        or regulations applicable to the site;
            ``(6) any unreasonable burdens imposed on the interstate 
        transportation of solid waste by railroad, or the potential for 
        discrimination against the railroad transportation of solid 
        waste, a solid waste rail transfer facility, or a rail carrier 
        that owns or operates such a facility; and
            ``(7) any other relevant factors, as determined by the 
        Board.
    (e) Existing Facilities.--Upon the granting of petition from the 
State in which a solid waste rail transfer facility is operating as of 
the date of enactment of the Clean Railroads Act of 2008 by the Board, 
the facility shall submit a complete application for a siting permit to 
the Board pursuant to the procedures issued pursuant to subsection (b). 
No State may enforce a law, regulation, order, or other requirement 
affecting the siting of a facility that is operating as of the date of 
enactment of the Clean Railroads Act of 2008 until the Board has 
approved or denied a permit pursuant to subsection (c).
    ``(f) Effect of Land-Use Exemption.--If the Board grants a land-use 
exemption to a solid waste rail transfer facility, all State laws, 
regulations, orders, or other requirements affecting the siting of a 
facility are preempted with regard to that facility. An exemption may 
require compliance with such State laws, regulations, orders, or other 
requirements.
    ``(g) Injunctive Relief.--Nothing in this section precludes a 
person from seeking an injunction to enjoin a solid waste rail transfer 
facility from being constructed or operated by or on behalf of a rail 
carrier if that facility has materially violated, or will materially 
violate, its land use exemption or if it failed to receive a valid 
land-use exemption under this section.
    ``(h) Fees.--The Board may charge permit applicants reasonable fees 
to implement this section, including the costs of third-party 
consultants.
    ``(i) Definitions.--In this section the terms `solid waste', `solid 
waste rail transfer facility', and `State requirements' have the 
meaning given such terms in section 10908(e).''.
    (b) Conforming Amendment.--The chapter analysis for chapter 109, as 
amended by section 603 of this Act, is amended by inserting after the 
item relating to section 10908 the following:

``10909. Solid waste rail transfer facility land-use exemption''.

SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES.

    (a) In General.--Chapter 109 is further amended by adding at the 
end thereof the following:
``10910. Effect on other statutes and authorities
    ``Nothing in section 10908 or 10909 is intended to affect the 
traditional police powers of the State to require a rail carrier to 
comply with State and local environmental, public health, and public 
safety standards that are not unreasonably burdensome to interstate 
commerce and do not discriminate against rail carriers.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 109, as 
amended by section 604 of this Act, is amended by inserting after the 
item relating to section 10909 the following:

``10910. Effect on other statutes and authorities''.

                    TITLE VII--TECHNICAL CORRECTIONS

SEC. 701. TECHNICAL CORRECTIONS.

    (a) Limitations on Financial Assistance.--Section 22106 is 
amended--
            (1) by striking the second sentence of subsection (a);
            (2) by striking subsection (b) and inserting the following:
    ``(b) State Use of Repaid Funds and Contingent Interest 
Recoveries.--The State shall place the United States Government's share 
of money that is repaid and any contingent interest that is recovered 
in an interest-bearing account. The repaid money, contingent interest, 
and any interest thereof shall be considered to be State funds. The 
State shall use such funds to make other grants and loans, consistent 
with the purposes for which financial assistance may be used under 
subsection (a), as the State considers to be appropriate.''; and
            (3) by striking subsections (c) and (e) and redesignating 
        subsection (d) as subsection (c).
    (b) Grants for Class II and III Railroads.--Section 
22301(a)(1)(A)(iii) is amended by striking ``and'' and inserting 
``or''.
    (c) Rail Transportation of Renewable Fuel Study.--Section 245(a)(1) 
of the Energy Independence and Security Act of 2007 is amended by 
striking ``Secretary, in coordination with the Secretary of 
Transportation,'' and inserting ``Secretary and the Secretary of 
Transportation''.
    (d) Motor carrier definition.--
    Section 14504a of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``(except as provided in paragraph (5))'' 
                after ``14506'';
                    (B) in paragraph (1), by striking subparagraph (A) 
                and inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `commercial motor vehicle'--
                            ``(i) for calendar years 2008 and 2009, has 
                        the meaning given the term in section 31101; 
                        and
                            ``(ii) for years beginning after December 
                        31, 2009, means a self-propelled vehicle 
                        described in section 31101.''; and
                    (C) by striking paragraph (5) and inserting the 
                following:
            ``(5) Motor carrier.--
                    ``(A) This section.--In this section:
                            ``(i) In general.--The term `motor carrier' 
                        includes all carriers that are otherwise exempt 
                        from this part--
                                    ``(I) under subchapter I of chapter 
                                135; or
                                    ``(II) through exemption actions by 
                                the former Interstate Commerce 
                                Commission under this title.
                            ``(ii) Exclusions.--In this section, the 
                        term `motor carrier' does not include--
                                    ``(I) any carrier subject to 
                                section 13504; or
                                    ``(II) any other carrier that the 
                                board of directors of the unified 
                                carrier registration plan determines to 
                                be appropriate pursuant to subsection 
                                (d)(4)(C).
                    ``(B) Section 14506.--In section 14506, the term 
                `motor carrier' includes all carriers that are 
                otherwise exempt from this part--
                            ``(i) under subchapter I of chapter 135; or
                            ``(ii) through exemption actions by the 
                        former Interstate Commerce Commission under 
                        this title.''; and
            (2) in subsection (d)(4)(C), by inserting before the period 
        at the end the following: ``, except that a decision to approve 
        the exclusion of carriers from the definition of the term 
        `motor carrier' under subsection (a)(5) shall require an 
        affirmative vote of \3/4\ of all such directors.''.

            Attest:

                                                             Secretary.
110th CONGRESS

  2d Session

                               H. R. 2095

_______________________________________________________________________

                               AMENDMENT
```