IB 

Union Calendar No. 208 

110TH CONGRESS 

1ST SESSION H. R. 2095 

[Report No. 110–336] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2007 

Mr. OBERSTAR (for himself and Ms. CORRINE BROWN of Florida) introduced 

the following bill; which was referred to the Committee on Transportation 

and Infrastructure 

SEPTEMBER 19, 2007 

Additional sponsors: Mr. YOUNG of Alaska, Mr. ABERCROMBIE, Mr. NADLER, 

Mr. CARNEY, Mr. JACKSON of Illinois, Mr. GRIJALVA, Mr. DOYLE, Mr. 

FILNER, Mr. PALLONE, Mr. PAYNE, Mr. ANDREWS, Mr. HIGGINS, Mr. 

CAPUANO, Mr. RAHALL, Mrs. NAPOLITANO, Ms. HIRONO, Mr. 

DELAHUNT, Mr. BISHOP of New York, Mr. LIPINSKI, Ms. LINDA T. 

SA ́NCHEZ of California, Mr. HASTINGS of Florida, Mr. ALLEN, Mr. 

SIRES, Mr. GONZALEZ, Mr. PATRICK MURPHY of Pennsylvania, Mr. 

REYES, Mr. SPACE, Ms. MATSUI, Mr. BOSWELL, Mr. HOLDEN, Mr. 

MORAN of Virginia, Mr. ARCURI, Mr. LOBIONDO, Mr. LOEBSACK, Mr. 

LATOURETTE, Mr. TOWNS, Mr. ROTHMAN, Mr. MILLER of North Carolina, Ms. HERSETH SANDLIN, Mr. BAIRD, Mr. CUMMINGS, Mr. 

PASCRELL, Mr. PETERSON of Minnesota, Mr. SMITH of New Jersey, Mr. 

HINOJOSA, Mr. MCGOVERN, Mr. LYNCH, Mr. HOLT, Ms. KAPTUR, Mr. 

MOLLOHAN, Mr. BRALEY of Iowa, Ms. HOOLEY, Mr. WU, Mr. OBEY, Mr. 

KUCINICH, Mr. WEXLER, Ms. MOORE of Wisconsin, Mr. GEORGE MILLER of California, Mr. YARMUTH, Mr. CARDOZA, Mr. MICA, Mr. SHUSTER, Mr. PERLMUTTER, Mr. BISHOP of Georgia, Ms. BALDWIN, Mr. 

STARK, Mr. COSTELLO, Ms. SCHAKOWSKY, Mr. COSTA, Mr. LEWIS of 

Georgia, Mrs. JONES of Ohio, Mrs. CAPITO, Mr. PETRI, Mr. HARE, Mr. 

PLATTS, Mr. FARR, Mr. ELLISON, Ms. WOOLSEY, Mr. COHEN, Ms. KILPATRICK, Mr. SERRANO, Ms. MCCOLLUM of Minnesota, Mr. BRADY of 

Pennsylvania, Mr. AL GREEN of Texas, Mr. WALZ of Minnesota, Ms. 


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CARSON, Ms. JACKSON-LEE of Texas, Mr. CLEAVER, Mr. WATT, Ms. LORETTA SANCHEZ of California, Mr. VAN HOLLEN, Mr. BOREN, and Mr. 

SCOTT of Virginia 

SEPTEMBER 19, 2007 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 1, 2007] 

A BILL 

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. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Federal Railroad Safety Improvement Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FEDERAL RAILROAD SAFETY ADMINISTRATION 

Sec. 101. Establishment of Federal Railroad Safety Administration. 

Sec. 102. Railroad safety strategy. 

Sec. 103. Reports. 

Sec. 104. Rulemaking process. 

Sec. 105. Authorization of appropriations. 

TITLE II—EMPLOYEE FATIGUE 

Sec. 201. Hours of service reform. 

Sec. 202. Employee sleeping quarters. 

Sec. 203. Fatigue management plans. 


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Sec. 204. Regulatory authority. 

Sec. 205. Conforming amendment. 

TITLE III—PROTECTION OF EMPLOYEES AND WITNESSES 

Sec. 301. Employee protections. 

TITLE IV—GRADE CROSSINGS 

Sec. 401. Toll-free number to report grade crossing problems. 

Sec. 402. Roadway user sight distance at highway-rail grade crossings. 

Sec. 403. Grade crossing signal violations. 

Sec. 404. National crossing inventory. 

Sec. 405. Accident and incident reporting. 

Sec. 406. Authority to buy promotional items to improve railroad crossing safety 

and prevent railroad trespass. 

Sec. 407. Operation Lifesaver. 

Sec. 408. State action plan. 

Sec. 409. Fostering introduction of new technology to improve safety at highwayrail grade crossings. 

TITLE V—ENFORCEMENT 

Sec. 501. Enforcement. 

Sec. 502. Civil penalties. 

Sec. 503. Criminal penalties. 

Sec. 504. Expansion of emergency order authority. 

Sec. 505. Enforcement transparency. 

Sec. 506. Interfering with or hampering safety investigations. 

Sec. 507. Railroad radio monitoring authority. 

Sec. 508. Inspector staffing. 

TITLE VI—MISCELLANEOUS PROVISIONS 

Sec. 601. Positive train control systems. 

Sec. 602. Warning in nonsignaled territory. 

Sec. 603. Track safety. 

Sec. 604. Certification of conductors. 

Sec. 605. Minimum training standards. 

Sec. 606. Prompt medical attention. 

Sec. 607. Emergency escape breathing apparatus. 

Sec. 608. Locomotive cab environment. 

Sec. 609. Tunnel information. 

Sec. 610. Railroad police. 

Sec. 611. Museum locomotive study. 

Sec. 612. Certification of carmen. 

Sec. 613. Train control systems deployment grants. 

Sec. 614. Infrastructure safety investment reports. 

Sec. 615. Emergency grade crossing safety improvements. 

Sec. 616. Clarifications regarding State law causes of action. 

TITLE VII—RAIL PASSENGER DISASTER FAMILY ASSISTANCE 

Sec. 701. Short title. 

Sec. 702. Assistance by National Transportation Safety Board to families of passengers involved in rail passenger accidents. 


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Sec. 703. Rail passenger carrier plans to address needs of families of passengers 

involved in rail passenger accidents. 

Sec. 704. Establishment of task force. 

1 SEC. 2. DEFINITIONS. 

2 For purposes of this Act, the terms ‘‘railroad’’ and 

3 ‘‘railroad carrier’’ have the meaning given those terms in 

4 section 20102 of title 49, United States Code. 

5 TITLE I—FEDERAL RAILROAD 

6 SAFETY ADMINISTRATION 

7 SEC. 101. ESTABLISHMENT OF FEDERAL RAILROAD SAFETY 

8 ADMINISTRATION. 

9 (a) AMENDMENT.—Section 103 of title 49, United 

10 States Code, is amended to read as follows: 

11 ‘‘§ 103. Federal Railroad Safety Administration 

12 ‘‘(a) IN GENERAL.—The Federal Railroad Safety Ad13 ministration (in this section referred to as the ‘Administra14 tion’) shall be an administration in the Department of 

15 Transportation. To carry out all railroad safety laws of the 

16 United States, the Administration shall be divided on a geo17 graphical basis into at least 8 safety offices. The Secretary 

18 of Transportation shall be responsible for enforcing those 

19 laws and for ensuring that those laws are uniformly admin20 istered and enforced among the safety offices. 

21 ‘‘(b) SAFETY AS HIGHEST PRIORITY.—In carrying out 

22 its duties, the Administration shall consider the assignment 

23 and maintenance of safety as the highest priority, recog24 nizing the clear intent, encouragement, and dedication of 


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1 Congress to the furtherance of the highest degree of safety 

2 in railroad transportation. 

3 ‘‘(c) ADMINISTRATOR.—The head of the Administra4 tion shall be the Administrator who shall be appointed by 

5 the President, by and with the advice and consent of the 

6 Senate, and shall be an individual with professional experi7 ence in railroad safety, hazardous materials safety, or other 

8 transportation safety. The Administrator shall report di9 rectly to the Secretary of Transportation. 

10 ‘‘(d) DEPUTY ADMINISTRATOR.—The Administration 

11 shall have a Deputy Administrator who shall be appointed 

12 by the Secretary. The Deputy Administrator shall carry out 

13 duties and powers prescribed by the Administrator. 

14 ‘‘(e) CHIEF SAFETY OFFICER.—The Administration 

15 shall have an Associate Administrator for Railroad Safety 

16 appointed in the competitive service by the Secretary. The 

17 Associate Administrator shall be the Chief Safety Officer 

18 of the Administration. The Associate Administrator shall 

19 carry out the duties and powers prescribed by the Adminis20 trator. 

21 ‘‘(f) DUTIES AND POWERS OF THE ADMINISTRATOR.— 

22 The Administrator shall carry out— 

23 ‘‘(1) duties and powers related to railroad safety 

24 vested in the Secretary by section 20134(c) and chap25 ters 203 through 211 of this title, and by chapter 213 


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1 of this title for carrying out chapters 203 through 

2 211; and 

3 ‘‘(2) other duties and powers prescribed by the 

4 Secretary. 

5 ‘‘(g) LIMITATION.—A duty or power specified in sub6 section (f)(1) may be transferred to another part of the De7 partment of Transportation or another Federal Government 

8 entity only when specifically provided by law. A decision 

9 of the Administrator in carrying out the duties or powers 

10 of the Administration and involving notice and hearing re11 quired by law is administratively final. 

12 ‘‘(h) AUTHORITIES.—Subject to the provisions of sub13 title I of title 40 and title III of the Federal Property and 

14 Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), 

15 the Secretary of Transportation may make, enter into, and 

16 perform such contracts, grants, leases, cooperative agree17 ments, and other similar transactions with Federal or other 

18 public agencies (including State and local governments) 

19 and private organizations and persons, and make such pay20 ments, by way of advance or reimbursement, as the Sec21 retary may determine to be necessary or appropriate to 

22 carry out functions at the Administration. The authority 

23 of the Secretary granted by this subsection shall be carried 

24 out by the Administrator. Notwithstanding any other provi25 sion of this chapter, no authority to enter into contracts 


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1 or to make payments under this subsection shall be effective, 

2 except as provided for in appropriations Acts.’’. 

3 (b) REFERENCES AND CONFORMING AMENDMENTS.— 

4 (1) All references in Federal law to the Federal Railroad 

5 Administration shall be deemed to be references to the Fed6 eral Railroad Safety Administration. 

7 (2) The item relating to section 103 in the table of 

8 sections of chapter 1 of title 49, United States Code, is 

9 amended to read as follows: 

‘‘103. Federal Railroad Safety Administration.’’. 

10 SEC. 102. RAILROAD SAFETY STRATEGY. 

11 (a) SAFETY GOALS.—In conjunction with existing fed12 erally required strategic planning efforts, the Secretary of 

13 Transportation shall develop a long-term strategy for im14 proving railroad safety. The strategy shall include an an15 nual plan and schedule for achieving, at a minimum, the 

16 following goals: 

17 (1) Reducing the number and rates of accidents, 

18 injuries, and fatalities involving railroads. 

19 (2) Improving the consistency and effectiveness of 

20 enforcement and compliance programs. 

21 (3) Identifying and targeting enforcement at, 

22 and safety improvements to, high-risk highway-rail 

23 grade crossings. 

24 (4) Improving research efforts to enhance and 

25 promote railroad safety and performance. 


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1 (b) RESOURCE NEEDS.—The strategy and annual 

2 plans shall include estimates of the funds and staff resources 

3 needed to accomplish each activity. Such estimates shall 

4 also include the staff skills and training needed for timely 

5 and effective accomplishment of each goal. 

6 (c) SUBMISSION WITH THE PRESIDENT’S BUDGET.— 

7 The Secretary of Transportation shall submit to the Com8 mittee on Transportation and Infrastructure of the House 

9 of Representatives and the Committee on Commerce, 

10 Science, and Transportation of the Senate the strategy and 

11 annual plan at the same time as the President’s budget sub12 mission. 

13 (d) ACHIEVEMENT OF GOALS.— 

14 (1) PROGRESS ASSESSMENT.—No less frequently 

15 than semiannually, the Secretary of Transportation 

16 and the Administrator of the Federal Railroad Safety 

17 Administration shall assess the progress of the Ad18 ministration toward achieving the strategic goals de19 scribed in subsection (a). The Secretary and the Ad20 ministrator shall convey their assessment to the em21 ployees of the Federal Railroad Safety Administra22 tion and shall identify any deficiencies that should be 

23 remediated before the next progress assessment. 

24 (2) REPORT TO CONGRESS.—The Secretary shall 

25 transmit a report annually to the Committee on 


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1 Transportation and Infrastructure of the House of 

2 Representatives and the Committee on Commerce, 

3 Science, and Transportation of the Senate on the per4 formance of the Federal Railroad Safety Administra5 tion relative to the goals of the railroad safety strat6 egy and annual plans under subsection (a). 

7 SEC. 103. REPORTS. 

8 (a) REPORTS BY THE INSPECTOR GENERAL.—Not 

9 later than 30 days after the date of enactment of this Act, 

10 the Inspector General of the Department of Transportation 

11 shall submit to the Secretary of Transportation and the Ad12 ministrator of the Federal Railroad Safety Administration 

13 a report containing the following: 

14 (1) A list of each statutory mandate regarding 

15 railroad safety that has not been implemented. 

16 (2) A list of each open safety recommendation 

17 made by the National Transportation Safety Board 

18 or the Inspector General regarding railroad safety. 

19 (b) REPORTS BY THE SECRETARY.— 

20 (1) STATUTORY MANDATES.—Not later than 90 

21 days after the date of enactment of this Act, and every 

22 180 days thereafter until each of the mandates re23 ferred to in subsection (a)(1) has been implemented, 

24 the Secretary of Transportation shall transmit to the 

25 Committee on Transportation and Infrastructure of 


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1 the House of Representatives and the Committee on 

2 Commerce, Science, and Transportation of the Senate 

3 a report on the specific actions taken to implement 

4 such mandates. 

5 (2) NTSB AND INSPECTOR GENERAL REC6 OMMENDATIONS.—Not later than January 1st of each 

7 year, the Secretary of Transportation shall transmit 

8 to the Committee on Transportation and Infrastruc9 ture of the House of Representatives and the Com10 mittee on Commerce, Science, and Transportation of 

11 the Senate a report containing each recommendation 

12 referred to in subsection (a)(2), a copy of the Depart13 ment of Transportation response to each such rec14 ommendation, and a progress report on implementing 

15 each such recommendation. 

16 SEC. 104. RULEMAKING PROCESS. 

17 (a) AMENDMENT.—Subchapter I of chapter 201 of title 

18 49, United States Code, is amended by inserting after sec19 tion 20115 the following new section: 

20 ‘‘§ 20116. Rulemaking process 

21 ‘‘No rule or order issued by the Secretary under this 

22 part shall be effective if it incorporates by reference a code, 

23 rule, standard, requirement, or practice issued by an asso24 ciation or other entity that is not an agency of the Federal 

25 Government, unless that reference is to a particular code, 


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1 rule, standard, requirement, or practice adopted before the 

2 date on which the rule is issued by the Secretary, and unless 

3 the date on which the code, rule, standard, requirement, or 

4 practice was adopted is specifically cited in the rule.’’. 

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

6 sections of subchapter I of chapter 201 of title 49, United 

7 States Code, is amended by adding after the item relating 

8 to section 20115 the following new item: 

‘‘20116. Rulemaking process.’’. 

9 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 20117(a) of title 49, United States Code, is 

11 amended to read as follows: 

12 ‘‘(a) IN GENERAL.—(1) There are authorized to be ap13 propriated to the Secretary of Transportation to carry out 

14 this part and to carry out responsibilities under chapter 

15 51 as delegated or authorized by the Secretary— 

16 ‘‘(A) $230,000,000 for fiscal year 2008; 

17 ‘‘(B) $260,000,000 for fiscal year 2009; 

18 ‘‘(C) $295,000,000 for fiscal year 2010; and 

19 ‘‘(D) $335,000,000 for fiscal year 2011. 

20 ‘‘(2) With amounts appropriated pursuant to para21 graph (1), the Secretary shall purchase 6 Gage Restraint 

22 Measurement System vehicles and 5 track geometry vehicles 

23 to enable the deployment of 1 Gage Restraint Measurement 

24 System vehicle and 1 track geometry vehicle in each region. 


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1 ‘‘(3) There are authorized to be appropriated to the 

2 Secretary $18,000,000 for the period encompassing fiscal 

3 years 2008 through 2011 to design, develop, and construct 

4 the Facility for Underground Rail Station and Tunnel at 

5 the Transportation Technology Center in Pueblo, Colorado. 

6 The facility shall be used to test and evaluate the 

7 vulnerabilities of above-ground and underground rail tun8 nels to prevent accidents and incidents in such tunnels, to 

9 mitigate and remediate the consequences of any such acci10 dents or incidents, and to provide a realistic scenario for 

11 training emergency responders. 

12 ‘‘(4) Such sums as may be necessary from the amount 

13 appropriated pursuant to paragraph (1) for each of the fis14 cal years 2008 through 2011 shall be made available to the 

15 Secretary for personnel in regional offices and in Wash16 ington, D.C., whose duties primarily involve rail security.’’. 

17 TITLE II—EMPLOYEE FATIGUE 

18 SEC. 201. HOURS OF SERVICE REFORM. 

19 (a) DEFINITIONS.—Section 21101(4) of title 49, 

20 United States Code, is amended by striking ‘‘employed by 

21 a railroad carrier’’. 

22 (b) LIMITATION ON DUTY HOURS OF SIGNAL EMPLOY23 EES.—Section 21104 of title 49, United States Code, is 

24 amended— 


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1 (1) by amending subsection (a) to read as fol2 lows: 

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

4 of this section, a railroad carrier and its officers and agents 

5 may not require or allow a signal employee, and a railroad 

6 contractor and its officers and agents may not require or 

7 allow a signal employee, to remain or go on duty— 

8 ‘‘(1) unless that employee has had at least 10 

9 consecutive hours off duty during the prior 24 hours; 

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

11 hours; or 

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

13 period of at least 24 consecutive hours off duty in the 

14 past 7 consecutive days. 

15 The Secretary may waive paragraph (3) if a collective bar16 gaining agreement provides a different arrangement and 

17 such arrangement provides an equivalent level of safety.’’; 

18 (2) in subsection (b)(3) by striking ‘‘, except that 

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

20 final trouble call of a period of continuous or broken 

21 service is time off duty’’; 

22 (3) in subsection (c)— 

23 (A) by inserting ‘‘for not more than 3 days 

24 during a period of 7 consecutive days’’ after ‘‘24 

25 consecutive hours’’; and 


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1 (B) by adding at the end the following: ‘‘A 

2 signal employee may not be allowed to remain or 

3 go on duty under the emergency authority pro4 vided under this subsection to conduct routine 

5 repairs, routine maintenance, or routine inspec6 tion of signal systems.’’; 

7 (4) by adding at the end the following new sub8 sections: 

9 ‘‘(d) COMMUNICATION DURING TIME OFF DUTY.— 

10 During a signal employee’s minimum off-duty period of 10 

11 consecutive hours, as provided under subsection (a), a rail12 road carrier, and its managers, supervisors, officers, and 

13 agents, shall not communicate with the signal employee by 

14 telephone, by pager, or in any other manner that could dis15 rupt the employee’s rest. Nothing in this subsection shall 

16 prohibit communication necessary to notify an employee of 

17 an emergency situation posing potential risks to the em18 ployee’s safety or health. 

19 ‘‘(e) EXCLUSIVITY.—The hours of service, duty hours, 

20 and rest periods of signal employees shall be governed exclu21 sively by this chapter. Signal employees operating motor 

22 vehicles shall not be subject to any hours of service rules, 

23 duty hours, or rest period rules promulgated by any Federal 

24 authority, including the Federal Motor Carrier Safety AdVerDate Aug 31 2005 23:11 Sep 19, 2007 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H2095.RH H2095

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1 ministration, other than the Federal Railroad Safety Ad2 ministration.’’. 

3 (c) LIMITATION ON DUTY HOURS OF TRAIN EMPLOY4 EES.—Section 21103 of title 49, United States Code, is 

5 amended— 

6 (1) by amending subsection (a) to read as fol7 lows: 

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

9 of this section, a railroad carrier and its officers and agents 

10 may not require or allow a train employee to remain or 

11 go on duty— 

12 ‘‘(1) unless that employee has had at least 10 

13 consecutive hours off duty during the prior 24 hours; 

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

15 hours; or 

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

17 period of at least 24 consecutive hours off duty in the 

18 past 7 consecutive days. 

19 The Secretary may waive paragraph (3) if a collective bar20 gaining agreement provides a different arrangement and 

21 such arrangement provides an equivalent level of safety.’’; 

22 (2) by amending subsection (b)(4) to read as fol23 lows: 

24 ‘‘(4)(A)(i) Except as provided in clauses (ii) and 

25 (iii), time spent in deadhead transportation to a duty 


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1 assignment, time spent waiting for deadhead trans2 portation, and time spent in deadhead transportation 

3 from a duty assignment to a place of final release is 

4 time on duty. 

5 ‘‘(ii) Time spent waiting for deadhead transpor6 tation and time spent in deadhead transportation 

7 from a duty assignment to a place of final release is 

8 neither time on duty nor time off duty in situations 

9 involving delays in the operations of the railroad car10 rier, when the delays were caused by any of the fol11 lowing: 

12 ‘‘(I) A casualty. 

13 ‘‘(II) An accident. 

14 ‘‘(III) A track obstruction. 

15 ‘‘(IV) An act of God. 

16 ‘‘(V) A weather event causing a delay. 

17 ‘‘(VI) A snowstorm. 

18 ‘‘(VII) A landslide. 

19 ‘‘(VIII) A track or bridge washout. 

20 ‘‘(IX) A derailment. 

21 ‘‘(X) A major equipment failure which pre22 vents a train from advancing. 

23 ‘‘(XI) Other delay from a cause unknown or 

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1 cers and agents in charge of the employee when 

2 the employee left a designated terminal. 

3 ‘‘(iii) In addition to any time qualifying as nei4 ther on duty nor off duty under clause (ii), at the 

5 election of the railroad carrier, time spent waiting for 

6 deadhead transportation and time spent in deadhead 

7 transportation to the place of final release may be 

8 treated as neither time on duty nor time off duty, 

9 subject to the following limitations: 

10 ‘‘(I) Not more than 40 hours a month may 

11 be elected by the railroad carrier, for an em12 ployee, during the period from the date of enact13 ment of the Federal Railroad Safety Improve14 ment Act of 2007 to one year after such date of 

15 enactment. 

16 ‘‘(II) Not more than 30 hours a month may 

17 be elected by the railroad carrier, for an em18 ployee, during the period beginning one year 

19 after the date of enactment of the Federal Rail20 road Safety Improvement Act of 2007 and end21 ing two years after such date of enactment. 

22 ‘‘(III) Not more than 10 hours a month 

23 may be elected by the railroad carrier, for an 

24 employee, during the period beginning two years 


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1 after the date of enactment of the Federal Rail2 road Safety Improvement Act of 2007. 

3 ‘‘(B) Each railroad carrier shall report to the 

4 Secretary of Transportation, in accordance with pro5 cedures contained in 49 CFR 228.19, each instance 

6 within 30 days after the calendar month in which the 

7 instance occurs that a member of a train or engine 

8 crew or other employee engaged in or connected with 

9 the movement of any train, including a hostler, ex10 ceeds 12 consecutive hours, including— 

11 ‘‘(i) time on duty; and 

12 ‘‘(ii) time spent waiting for deadhead trans13 portation and the time spent in deadhead trans14 portation from a duty assignment to the place of 

15 final release, that is not time on duty. 

16 ‘‘(C) If— 

17 ‘‘(i) the time spent waiting for deadhead 

18 transportation, and the time spent in deadhead 

19 transportation from a duty assignment to the 

20 place of final release, that is not time on duty; 

21 plus 

22 ‘‘(ii) the time on duty, 

23 exceeds 12 consecutive hours, the railroad carrier and 

24 its officers and agents shall provide the train em25 ployee with additional time off duty equal to the 


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1 number of hours that such sum exceeds 12 hours.’’; 

2 and 

3 (3) by adding at the end the following new sub4 section: 

5 ‘‘(d) COMMUNICATION DURING TIME OFF DUTY.— 

6 During a train employee’s minimum off-duty period of 10 

7 consecutive hours, as provided under subsection (a), or dur8 ing an interim period of at least 4 consecutive hours avail9 able for rest under subsection (b)(7), a railroad carrier, and 

10 its managers, supervisors, officers, and agents, shall not 

11 communicate with the train employee by telephone, by 

12 pager, or in any other manner that could disrupt the em13 ployee’s rest. Nothing in this subsection shall prohibit com14 munication necessary to notify an employee of an emer15 gency situation posing potential risks to the employee’s safe16 ty or health.’’. 

17 SEC. 202. EMPLOYEE SLEEPING QUARTERS. 

18 Section 21106 of title 49, United States Code, is 

19 amended— 

20 (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A 

21 railroad carrier’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(b) CAMP CARS.—Effective 12 months after the date 

25 of enactment of this subsection, a railroad carrier and its 


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1 officers and agents may not provide sleeping quarters 

2 through the use of camp cars, as defined in Appendix C 

3 to part 228 of title 49 of the Code of Federal Regulations, 

4 for employees and any individuals employed to maintain 

5 the right of way of a railroad carrier.’’. 

6 SEC. 203. FATIGUE MANAGEMENT PLANS. 

7 (a) AMENDMENT.—Chapter 211 of title 49, United 

8 States Code, is amended by adding at the end the following 

9 new section: 

10 ‘‘§ 21109. Fatigue management plans 

11 ‘‘(a) PLAN SUBMISSION.— 

12 ‘‘(1) REQUIREMENT.—Each railroad carrier 

13 shall submit to the Secretary of Transportation, and 

14 update at least once every 2 years, a fatigue manage15 ment plan that is designed to reduce the fatigue expe16 rienced by railroad employees and to reduce the likeli17 hood of accidents and injuries caused by fatigue. The 

18 plan shall address the safety effects of fatigue on all 

19 employees performing safety sensitive functions, in20 cluding employees not covered by this chapter. The 

21 plan shall be submitted not later than 1 year after the 

22 date of the enactment of this section, or not later than 

23 45 days prior to commencing operations, whichever is 

24 later. 


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1 ‘‘(2) CONTENTS OF PLAN.—The fatigue manage2 ment plan shall— 

3 ‘‘(A) identify and prioritize all situations 

4 that pose a risk for safety that may be affected 

5 by fatigue; 

6 ‘‘(B) include the railroad carrier’s— 

7 ‘‘(i) rationale for including and not 

8 including each element described in sub9 section (b)(2) in the plan; 

10 ‘‘(ii) analysis supporting each element 

11 included in the plan; and 

12 ‘‘(iii) explanations for how each ele13 ment in the plan will reduce the risk associ14 ated with fatigue; 

15 ‘‘(C) describe how every condition on the 

16 railroad carrier’s property, and every type of 

17 employee, that is likely to be affected by fatigue 

18 is addressed in the plan; and 

19 ‘‘(D) include the name, title, address, and 

20 telephone number of the primary person to be 

21 contacted with regard to review of the plan. 

22 ‘‘(3) APPROVAL.—(A) The Secretary shall review 

23 each proposed plan and approve or disapprove such 

24 plan based on whether the requirements of this section 


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1 are sufficiently and appropriately addressed and the 

2 proposals are adequately justified in the plan. 

3 ‘‘(B) If the proposed plan is not approved, the 

4 Secretary shall notify the affected railroad carrier as 

5 to the specific points in which the proposed plan is 

6 deficient, and the railroad carrier shall correct all de7 ficiencies within 30 days following receipt of written 

8 notice from the Secretary. If a railroad carrier does 

9 not submit a plan (or, when directed by the Sec10 retary, an amended plan), or if a railroad carrier’s 

11 amended plan is not approved by the Secretary, the 

12 Secretary shall prescribe a fatigue management plan 

13 for the railroad carrier. 

14 ‘‘(4) EMPLOYEE PARTICIPATION.—(A) Each af15 fected railroad carrier shall consult with, and employ 

16 good faith and use its best efforts to reach agreement 

17 by consensus with, all of its directly affected employee 

18 groups on the contents of the fatigue management 

19 plan, and, except as provided in subparagraph (C), 

20 shall jointly with such groups submit the plan to the 

21 Secretary. 

22 ‘‘(B) In the event that labor organizations rep23 resent classes or crafts of directly affected employees 

24 of the railroad carrier, the railroad carrier shall con25 sult with these organizations in drafting the plan. 


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1 The Secretary may provide technical assistance and 

2 guidance to such parties in the drafting of the plan. 

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

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

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

9 with the Secretary; and 

10 ‘‘(ii) directly affected employees and labor 

11 organizations representing a class or craft of di12 rectly affected employees may, at their option, 

13 file a statement with the Secretary explaining 

14 their views on the plan on which consensus was 

15 not reached. 

16 ‘‘(b) ELEMENTS OF THE FATIGUE MANAGEMENT

17 PLAN.— 

18 ‘‘(1) CONSIDERATION OF VARYING CIR19 CUMSTANCES.—Each plan filed with the Secretary 

20 under the procedures of subsection (a) shall take into 

21 account the varying circumstances of operations by 

22 the railroad carrier on different parts of its system, 

23 and shall prescribe appropriate fatigue counter24 measures to address those varying circumstances. 


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1 ‘‘(2) ISSUES AFFECTING ALL EMPLOYEES PER2 FORMING SAFETY SENSITIVE FUNCTIONS.—The rail3 road carrier shall consider the need to include in its 

4 fatigue management plan elements addressing each of 

5 the following issues: 

6 ‘‘(A) Education and training on the physio7 logical and human factors that affect fatigue, as 

8 well as strategies to counter fatigue, based on 

9 current and evolving scientific and medical re10 search and literature. 

11 ‘‘(B) Opportunities for identification, diag12 nosis, and treatment of any medical condition 

13 that may affect alertness or fatigue, including 

14 sleep disorders. 

15 ‘‘(C) Effects on employee fatigue of emer16 gency response involving both short-term emer17 gency situations, including derailments, and 

18 long-term emergency situations, including nat19 ural disasters. 

20 ‘‘(D) Scheduling practices involving train 

21 lineups and calling times, including work/rest 

22 cycles for shift workers and on-call employees 

23 that permit employees to compensate for cumu24 lative sleep loss by guaranteeing a minimum 


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1 number of consecutive days off (exclusive of time 

2 off due to illness or injury). 

3 ‘‘(E) Minimizing the incidence of fatigue 

4 that occurs as a result of working at times when 

5 the natural circadian rhythm increases fatigue. 

6 ‘‘(F) Alertness strategies, such as policies on 

7 napping, to address acute sleepiness and fatigue 

8 while an employee is on duty. 

9 ‘‘(G) Opportunities to obtain restful sleep at 

10 lodging facilities, including sleeping quarters 

11 provided by the railroad carrier. 

12 ‘‘(H) In connection with the scheduling of a 

13 duty call, increasing the number of consecutive 

14 hours of rest off duty, during which an employee 

15 receives no communication from the employing 

16 railroad carrier or its managers, supervisors, of17 ficers, or agents. 

18 ‘‘(I) Avoiding abrupt changes in rest cycles 

19 for employees returning to duty after an ex20 tended absence due to circumstances such as ill21 ness or injury. 

22 ‘‘(J) Additional elements as the Secretary 

23 considers appropriate. 

24 ‘‘(c) COMPLIANCE AND ENFORCEMENT.— 


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1 ‘‘(1) COMPLIANCE REQUIREMENT.—Effective 

2 upon approval or prescription of a fatigue manage3 ment plan, compliance with that fatigue management 

4 plan becomes mandatory and enforceable by the Sec5 retary. 

6 ‘‘(2) EFFECTIVE DATE.—A fatigue management 

7 plan may include effective dates later than the date 

8 of approval of the plan, and may include different ef9 fective dates for different parts of the plan. 

10 ‘‘(3) AUDITS.—To enforce this section, the Sec11 retary may conduct inspections and periodic audits 

12 of a railroad carrier’s compliance with its fatigue 

13 management plan. 

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

15 term ‘directly affected employees’ means employees, includ16 ing employees of an independent contractor or subcon17 tractor, to whose hours of service the terms of a fatigue man18 agement plan specifically apply.’’. 

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

20 sections for chapter 211 of title 49, United States Code, is 

21 amended by adding at the end the following new item: 

‘‘21109. Fatigue management plans.’’. 

22 SEC. 204. REGULATORY AUTHORITY. 

23 (a) AMENDMENT.—Chapter 211 of title 49, United 

24 States Code, as amended by this Act, is further amended 

25 by adding at the end the following new section: 


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1 ‘‘§ 21110. Regulatory authority 

2 ‘‘The Secretary of Transportation may by regula3 tion— 

4 ‘‘(1) reduce the maximum hours an employee 

5 may be required or allowed to go or remain on duty 

6 to a level less than the level established under this 

7 chapter, based on scientific and medical research; or 

8 ‘‘(2) increase the minimum hours an employee 

9 may be required or allowed to rest to a level greater 

10 than the level established under this chapter, based on 

11 scientific and medical research.’’. 

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

13 sections for chapter 211 of title 49, United States Code, is 

14 amended by adding at the end the following new item: 

‘‘21110. Regulatory authority.’’. 

15 SEC. 205. CONFORMING AMENDMENT. 

16 Section 21303(c) of title 49, United States Code, is 

17 amended by striking ‘‘officers and agents’’ and inserting 

18 ‘‘managers, supervisors, officers, and agents’’. 

19 TITLE III—PROTECTION OF 

20 EMPLOYEES AND WITNESSES 

21 SEC. 301. EMPLOYEE PROTECTIONS. 

22 Section 20109 of title 49, United States Code, is 

23 amended to read as follows: 


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1 ‘‘§ 20109. Employee protections 

2 ‘‘(a) PROTECTED ACTIONS.—A railroad carrier en3 gaged in interstate or foreign commerce, and an officer or 

4 employee of such a railroad carrier, shall not by threat, in5 timidation, or otherwise attempt to prevent an employee 

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

7 against an employee for— 

8 ‘‘(1) filing a complaint or bringing or causing to 

9 be brought a proceeding related to the enforcement of 

10 this part or, as applicable to railroad safety, chapter 

11 51 or 57 of this title; 

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

13 paragraph (1); 

14 ‘‘(3) notifying, or attempting to notify, the rail15 road carrier or the Secretary of Transportation of a 

16 work-related personal injury or work-related illness of 

17 an employee; 

18 ‘‘(4) cooperating with a safety investigation by 

19 the Secretary of Transportation or the National 

20 Transportation Safety Board; 

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

22 Transportation, the National Transportation Safety 

23 Board, or any other public official as to the facts re24 lating to any accident or incident resulting in injury 

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1 curring in connection with railroad transportation; 

2 or 

3 ‘‘(6) accurately reporting hours of duty pursuant 

4 to chapter 211. 

5 ‘‘(b) HAZARDOUS CONDITIONS.—(1) A railroad car6 rier engaged in interstate or foreign commerce, and an offi7 cer or employee of such a railroad carrier, shall not by 

8 threat, intimidation, or otherwise attempt to prevent an 

9 employee from, or discharge, discipline, or in any way dis10 criminate against an employee for— 

11 ‘‘(A) reporting a hazardous condition; 

12 ‘‘(B) refusing to work when confronted by a haz13 ardous condition related to the performance of the em14 ployee’s duties, if the conditions described in para15 graph (2) exist; or 

16 ‘‘(C) refusing to authorize the use of any safety17 related equipment, track, or structures, if the em18 ployee is responsible for the inspection or repair of the 

19 equipment, track, or structures, when the employee be20 lieves that the equipment, track, or structures are in 

21 a hazardous condition, if the conditions described in 

22 paragraph (2) exist. 

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

24 and (C) if— 


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

2 reasonable alternative to the refusal is available to the 

3 employee; 

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

5 ‘‘(i) the hazardous condition presents an 

6 imminent danger of death or serious injury; and 

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

8 allow sufficient time to eliminate the danger 

9 without such refusal; and 

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

11 the carrier of the existence of the hazardous condition 

12 and the intention not to perform further work, or not 

13 to authorize the use of the hazardous equipment, 

14 track, or structures, unless the condition is corrected 

15 immediately or the equipment, track, or structures 

16 are repaired properly or replaced. 

17 ‘‘(3) This subsection does not apply to security per18 sonnel employed by a railroad carrier to protect individuals 

19 and property transported by railroad. 

20 ‘‘(c) ENFORCEMENT ACTION.— 

21 ‘‘(1) IN GENERAL.—An employee who alleges dis22 charge or other discrimination by any person in vio23 lation of subsection (a) may seek relief in accordance 

24 with the provisions of this section, with any petition 

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1 tiated by filing a complaint with the Secretary of 

2 Labor. 

3 ‘‘(2) PROCEDURE.— 

4 ‘‘(A) IN GENERAL.—An action under this 

5 section shall be governed under the rules and 

6 procedures set forth in section 42121(b). 

7 ‘‘(B) EXCEPTION.—Notification made under 

8 section 42121(b)(1) shall be made to the person 

9 named in the complaint and to the person’s em10 ployer. 

11 ‘‘(C) BURDENS OF PROOF.—An action 

12 brought under this section shall be governed by 

13 the legal burdens of proof set forth in section 

14 42121(b). 

15 ‘‘(D) STATUTE OF LIMITATIONS.—An action 

16 under this section shall be commenced not later 

17 than 1 year after the date on which the violation 

18 occurs. 

19 ‘‘(3) DE NOVO REVIEW.—If the Secretary of 

20 Labor has not issued a final decision within 180 days 

21 after the filing of the complaint (or, in the event that 

22 a final order or decision is issued by the Secretary of 

23 Labor, whether within the 180-day period or there24 after, then, not later than 90 days after such an order 

25 or decision is issued), the employee may bring an 


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1 original action at law or equity for de novo review 

2 in the appropriate district court of the United States, 

3 which shall have jurisdiction over such an action 

4 without regard to the amount in controversy, and 

5 which action shall, at the request of either party to 

6 such action, be tried by the court with a jury. 

7 ‘‘(d) REMEDIES.— 

8 ‘‘(1) IN GENERAL.—An employee prevailing in 

9 any action under this section shall be entitled to all 

10 relief necessary to make the covered individual whole. 

11 ‘‘(2) DAMAGES.—Relief in an action under this 

12 section shall include— 

13 ‘‘(A) reinstatement with the same seniority 

14 status that the covered individual would have 

15 had, but for the discrimination; 

16 ‘‘(B) the amount of any back pay, with in17 terest; and 

18 ‘‘(C) compensation for any special damages 

19 sustained as a result of the discrimination, in20 cluding litigation costs, expert witness fees, and 

21 reasonable attorney fees. 

22 ‘‘(3) POSSIBLE RELIEF.—Relief may also include 

23 punitive damages in an amount not to exceed 10 

24 times the amount of any compensatory damages 

25 awarded under this section. 


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1 ‘‘(e) CRIMINAL PENALTIES.— 

2 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

3 railroad carrier to commit an act prohibited by sub4 section (a). Any person who willfully violates this sec5 tion by terminating or retaliating against any such 

6 covered individual who makes a claim under this sec7 tion shall be fined under title 18, United States Code, 

8 imprisoned not more than 1 year, or both. 

9 ‘‘(2) REPORTING REQUIREMENT.— 

10 ‘‘(A) IN GENERAL.—The Attorney General 

11 shall submit to the Committee on Transportation 

12 and Infrastructure of the House of Representa13 tives and the Committee on Commerce, Science, 

14 and Transportation of the Senate an annual re15 port on the enforcement of paragraph (1). 

16 ‘‘(B) CONTENTS.—Each such report shall— 

17 ‘‘(i) identify each case in which formal 

18 charges under paragraph (1) were brought; 

19 ‘‘(ii) describe the status or disposition 

20 of each such case; and 

21 ‘‘(iii) in any actions under subsection 

22 (c)(1) in which the employee was the pre23 vailing party or the substantially pre24 vailing party, indicate whether or not any 

25 formal charges under paragraph (1) of this 


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1 subsection have been brought and, if not, the 

2 reasons therefor. 

3 ‘‘(f) NO PREEMPTION.—Nothing in this section pre4 empts or diminishes any other safeguards against discrimi5 nation, demotion, discharge, suspension, threats, harass6 ment, reprimand, retaliation, or any other manner of dis7 crimination provided by Federal or State law. 

8 ‘‘(g) RIGHTS RETAINED BY COVERED INDIVIDUAL.— 

9 Nothing in this section shall be deemed to diminish the 

10 rights, privileges, or remedies of any covered individual 

11 under any Federal or State law or under any collective bar12 gaining agreement. The rights and remedies in this section 

13 may not be waived by any agreement, policy, form, or con14 dition of employment.’’. 

15 TITLE IV—GRADE CROSSINGS 

16 SEC. 401. TOLL-FREE NUMBER TO REPORT GRADE CROSS17 ING PROBLEMS. 

18 Section 20152 of title 49, United States Code, is 

19 amended to read as follows: 

20 ‘‘§ 20152. Emergency notification of grade crossing 

21 problems 

22 ‘‘Not later than 18 months after the date of enactment 

23 of the Federal Railroad Safety Improvement Act of 2007, 

24 the Secretary of Transportation shall require each railroad 

25 carrier to— 


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

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

3 trains, to directly receive calls reporting— 

4 ‘‘(A) malfunctions of signals, crossing gates, 

5 and other devices to promote safety at the grade 

6 crossing of railroad tracks on those rights-of-way 

7 and public or private roads; and 

8 ‘‘(B) disabled vehicles blocking railroad 

9 tracks at such grade crossings; 

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

11 disabled vehicle pursuant to paragraph (1), imme12 diately contact trains operating near the grade cross13 ing to warn them of the malfunction or disabled vehi14 cle; 

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

16 disabled vehicle pursuant to paragraph (1), and after 

17 contacting trains pursuant to paragraph (2), contact, 

18 as necessary, appropriate public safety officials hav19 ing jurisdiction over the grade crossing to provide 

20 them with the information necessary for them to di21 rect traffic, assist in the removal of the disabled vehi22 cle, or carry out other activities appropriate to re23 sponding to the hazardous circumstance; and 


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1 ‘‘(4) ensure the placement at each grade crossing 

2 on rights-of-way that it owns of appropriately located 

3 signs, on which shall appear, at a minimum— 

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

5 for placing calls described in paragraph (1) to 

6 the railroad carrier dispatching trains on that 

7 right-of-way; 

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

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

10 and 

11 ‘‘(C) the grade crossing number assigned for 

12 that crossing by the National Highway-Rail 

13 Crossing Inventory established by the Depart14 ment of Transportation. 

15 The Secretary of Transportation shall implement this sec16 tion through appropriate regulations.’’. 

17 SEC. 402. ROADWAY USER SIGHT DISTANCE AT HIGHWAY18 RAIL GRADE CROSSINGS. 

19 (a) IN GENERAL.—Subchapter II of chapter 201 of 

20 title 49, United States Code, is amended by adding at the 

21 end the following new section: 

22 ‘‘§ 20156. Roadway user sight distance at highway-rail 

23 grade crossings 

24 ‘‘(a) IN GENERAL.—Not later than 18 months after the 

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1 ment Act of 2007, the Secretary of Transportation shall pre2 scribe regulations that require each railroad carrier to re3 move from its rights-of-way at all public highway-rail 

4 grade crossings, and at all private highway-rail grade 

5 crossings open to unrestricted public access (as declared in 

6 writing by the holder of the crossing right), grass, brush, 

7 shrubbery, trees, and other vegetation which may obstruct 

8 the view of a pedestrian or a vehicle operator for a reason9 able distance in either direction of the train’s approach, 

10 and to maintain its rights-of-way at all such crossings free 

11 of such vegetation. In prescribing the regulations, the Sec12 retary shall take into consideration to the extent prac13 ticable— 

14 ‘‘(1) the type of warning device or warning de15 vices installed at the crossing; 

16 ‘‘(2) factors affecting the timeliness and effective17 ness of roadway user decisionmaking, including the 

18 maximum allowable roadway speed, maximum au19 thorized train speed, angle of intersection, and topog20 raphy; 

21 ‘‘(3) the presence or absence of other sight dis22 tance obstructions off the railroad right-of-way; and 

23 ‘‘(4) any other factors affecting safety at such 

24 crossings. 


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1 ‘‘(b) PROTECTED VEGETATION.—In promulgating reg2 ulations pursuant to this section, the Secretary may make 

3 allowance for preservation of trees and other ornamental 

4 or protective growth where State or local law or policy 

5 would otherwise protect the vegetation from removal and 

6 where the roadway authority or private crossing holder is 

7 notified of the sight distance obstruction and, within a rea8 sonable period specified by the regulation, takes appropriate 

9 temporary and permanent action to abate the hazard to 

10 roadway users (such as by closing the crossing, posting sup11 plementary signage, installing active warning devices, low12 ering roadway speed, or installing traffic calming devices). 

13 ‘‘(c) NO PREEMPTION.—Notwithstanding section 

14 20106, subsections (a) and (b) of this section do not prohibit 

15 a State from continuing in force, or from enacting, a law, 

16 regulation, or order requiring the removal of obstructive 

17 vegetation from a railroad right-of-way for safety reasons 

18 that is more stringent than the requirements of the regula19 tions prescribed pursuant to this section. 

20 ‘‘(d) MODEL LEGISLATION.—Not later than 18 months 

21 after the date of enactment of the Federal Railroad Safety 

22 Improvement Act of 2007, the Secretary, after consultation 

23 with the Federal Railroad Safety Administration, the Fed24 eral Highway Administration, and States, shall develop 

25 and make available to States model legislation providing 


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1 for improving safety by addressing sight obstructions at 

2 highway-rail grade crossings that are equipped solely with 

3 passive warnings, such as permanent structures, temporary 

4 structures, and standing railroad equipment, as rec5 ommended by the Inspector General of the Department of 

6 Transportation in Report No. MH–2007–044.’’. 

7 (b) CONFORMING AMENDMENT.—The table of sections 

8 for such subchapter II of chapter 201 is amended by insert9 ing after the item relating to section 20155 the following 

10 new item: 

‘‘20156. Roadway user sight distance at highway-rail grade crossings.’’. 

11 SEC. 403. GRADE CROSSING SIGNAL VIOLATIONS. 

12 (a) AMENDMENTS.—Section 20151 of title 49, United 

13 States Code, is amended— 

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

15 follows: 

16 ‘‘§ 20151. Railroad trespassing, vandalism, and signal 

17 violation prevention strategy’’; 

18 (2) in subsection (a)— 

19 (A) by striking ‘‘and vandalism affecting 

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

21 vandalism affecting railroad safety, and viola22 tions of grade crossing signals’’; 

23 (B) by inserting ‘‘, concerning trespassing 

24 and vandalism,’’ after ‘‘such evaluation and re25 view’’; and 


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1 (C) by inserting ‘‘The second such evalua2 tion and review, concerning violations of grade 

3 crossing signals, shall be completed before April 

4 1, 2008.’’ after ‘‘November 2, 1994.’’; 

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

6 by inserting ‘‘FOR TRESPASSING AND VANDALISM

7 PREVENTION’’ after ‘‘OUTREACH PROGRAM’’; 

8 (4) in subsection (c)— 

9 (A) by redesignating paragraphs (1) and 

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

11 (B) by inserting ‘‘(1)’’ after ‘‘MODEL LEG12 ISLATION.—’’; and 

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

14 paragraph: 

15 ‘‘(2) Within 18 months after the date of enactment of 

16 the Federal Railroad Safety Improvement Act of 2007, the 

17 Secretary, after consultation with State and local govern18 ments, railroad carriers, and rail labor organizations, shall 

19 develop and make available to State and local governments 

20 model State legislation providing for civil or criminal pen21 alties, or both, for violations of grade crossing signals.’’; and 

22 (5) by adding at the end the following new sub23 section: 

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

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1 tion by a motorist, unless directed by an authorized safety 

2 officer— 

3 ‘‘(1) to drive around a grade crossing gate in a 

4 position intended to block passage over railroad 

5 tracks; 

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

7 signal; 

8 ‘‘(3) to drive through a grade crossing with pas9 sive warning signs without ensuring that the grade 

10 crossing could be safely crossed before any train ar11 rived; and 

12 ‘‘(4) in the vicinity of a grade crossing, that cre13 ates a hazard of an accident involving injury or 

14 property damage at the grade crossing.’’. 

15 (b) CONFORMING AMENDMENT.—The item relating to 

16 section 20151 in the table of sections for subchapter II of 

17 chapter 201 of title 49, United States Code, is amended to 

18 read as follows: 

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

19 SEC. 404. NATIONAL CROSSING INVENTORY. 

20 (a) IN GENERAL.—Subchapter II of chapter 201 of 

21 title 49, United States Code, as amended by this Act, is 

22 further amended by adding at the end the following new 

23 section: 


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1 ‘‘§ 20157. National crossing inventory 

2 ‘‘(a) INITIAL REPORTING OF INFORMATION ABOUT

3 PREVIOUSLY UNREPORTED CROSSINGS.—Not later than 1 

4 year after the date of enactment of the Federal Railroad 

5 Safety Improvement Act of 2007 or 6 months after a new 

6 crossing becomes operational, whichever occurs later, each 

7 railroad carrier shall— 

8 ‘‘(1) report to the Secretary of Transportation 

9 current information, including information about 

10 warning devices and signage, as specified by the Sec11 retary, concerning each previously unreported cross12 ing through which it operates; or 

13 ‘‘(2) ensure that the information has been re14 ported to the Secretary by another railroad carrier 

15 that operates through the crossing. 

16 ‘‘(b) UPDATING OF CROSSING INFORMATION.—(1) On 

17 a periodic basis beginning not later than 3 years after the 

18 date of enactment of the Federal Railroad Safety Improve19 ment Act of 2007 and on or before September 30 of every 

20 third year thereafter, or as otherwise specified by the Sec21 retary, each railroad carrier shall— 

22 ‘‘(A) report to the Secretary current information, 

23 including information about warning devices and 

24 signage, as specified by the Secretary, concerning each 

25 crossing through which it operates; or 


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1 ‘‘(B) ensure that the information has been re2 ported to the Secretary by another railroad carrier 

3 that operates through the crossing. 

4 ‘‘(2) A railroad carrier that sells a crossing or any 

5 part of a crossing on or after the date of enactment of the 

6 Federal Railroad Safety Improvement Act of 2007 shall, not 

7 later than the date that is 18 months after the date of enact8 ment of that Act or 3 months after the sale, whichever occurs 

9 later, or as otherwise specified by the Secretary, report to 

10 the Secretary current information, as specified by the Sec11 retary, concerning the change in ownership of the crossing 

12 or part of the crossing. 

13 ‘‘(c) RULEMAKING AUTHORITY.—The Secretary shall 

14 prescribe the regulations necessary to implement this sec15 tion. The Secretary may enforce each provision of the De16 partment of Transportation’s statement of the national 

17 highway-rail crossing inventory policy, procedures, and in18 struction for States and railroads that is in effect on the 

19 date of enactment of the Federal Railroad Safety Improve20 ment Act of 2007, until such provision is superseded by a 

21 regulation issued under this section. 

22 ‘‘(d) DEFINITIONS.—In this section: 

23 ‘‘(1) CROSSING.—The term ‘crossing’ means a lo24 cation within a State, other than a location where 

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1 road tracks either at grade or grade-separated, 

2 where— 

3 ‘‘(A) a public highway, road, or street, or a 

4 private roadway, including associated sidewalks 

5 and pathways, crosses one or more railroad 

6 tracks either at grade or grade-separated; or 

7 ‘‘(B) a pathway dedicated for the use of 

8 nonvehicular traffic, including pedestrians, 

9 bicyclists, and others, that is not associated with 

10 a public highway, road, or street, or a private 

11 roadway, crosses one or more railroad tracks ei12 ther at grade or grade-separated. 

13 ‘‘(2) STATE.—The term ‘State’ means a State of 

14 the United States, the District of Columbia, or the 

15 Commonwealth of Puerto Rico.’’. 

16 (b) CONFORMING AMENDMENT.—The table of sections 

17 for such subchapter II of chapter 201 is amended by adding 

18 at the end the following new item: 

‘‘20157. National crossing inventory.’’. 

19 (c) REPORTING AND UPDATING.—Section 130 of title 

20 23, United States Code, is amended by adding at the end 

21 the following: 

22 ‘‘(l) NATIONAL CROSSING INVENTORY.— 

23 ‘‘(1) INITIAL REPORTING OF CROSSING INFORMA24 TION.—Not later than 1 year after the date of enact25 ment of the Federal Railroad Safety Improvement Act 


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1 of 2007 or within 6 months of a new crossing becom2 ing operational, whichever occurs later, each State 

3 shall report to the Secretary of Transportation cur4 rent information, including information about warn5 ing devices and signage, as specified by the Secretary, 

6 concerning each previously unreported crossing lo7 cated within its borders. 

8 ‘‘(2) PERIODIC UPDATING OF CROSSING INFOR9 MATION.—On a periodic basis beginning not later 

10 than 3 years after the date of enactment of the Fed11 eral Railroad Safety Improvement Act of 2007 and 

12 on or before September 30 of every third year there13 after, or as otherwise specified by the Secretary, each 

14 State shall report to the Secretary current informa15 tion, including information about warning devices 

16 and signage, as specified by the Secretary, concerning 

17 each crossing located within its borders. 

18 ‘‘(3) RULEMAKING AUTHORITY.—The Secretary 

19 shall prescribe the regulations necessary to implement 

20 this subsection. The Secretary may enforce each provi21 sion of the Department of Transportation’s statement 

22 of the national highway-rail crossing inventory pol23 icy, procedures, and instructions for States and rail24 roads that is in effect on the date of enactment of the 

25 Federal Railroad Safety Improvement Act of 2007, 


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1 until such provision is superseded by a regulation 

2 issued under this subsection. 

3 ‘‘(4) DEFINITIONS.—In this subsection, the terms 

4 ‘crossing’ and ‘State’ have the meaning given those 

5 terms by section 20157(d)(1) and (2), respectively, of 

6 title 49.’’. 

7 (d) CIVIL PENALTIES.—(1) Section 21301(a)(1) of title 

8 49, United States Code, is amended— 

9 (A) by inserting ‘‘with section 20157 or’’ after 

10 ‘‘comply’’ in the first sentence; and 

11 (B) by inserting ‘‘section 20157 of this title or’’ 

12 after ‘‘violating’’ in the second sentence. 

13 (2) Section 21301(a)(2) of title 49, United States Code, 

14 is amended by inserting ‘‘The Secretary shall impose a civil 

15 penalty for a violation of section 20157 of this title.’’ after 

16 the first sentence. 

17 SEC. 405. ACCIDENT AND INCIDENT REPORTING. 

18 The Federal Railroad Safety Administration shall 

19 conduct an audit of each Class I railroad at least once every 

20 2 years and conduct an audit of each non-Class I railroad 

21 at least once every 5 years to ensure that all grade crossing 

22 collisions and fatalities are reported to the national acci23 dent database. 


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1 SEC. 406. AUTHORITY TO BUY PROMOTIONAL ITEMS TO IM2 PROVE RAILROAD CROSSING SAFETY AND 

3 PREVENT RAILROAD TRESPASS. 

4 Section 20134(a) of title 49, United States Code, is 

5 amended by adding at the end the following: ‘‘The Secretary 

6 may purchase promotional items of nominal value and dis7 tribute them to the public without charge as part of an edu8 cational or awareness program to accomplish the purposes 

9 of this section and of any other sections of this title related 

10 to improving the safety of highway-rail crossings and to 

11 prevent trespass on railroad rights of way, and the Sec12 retary shall prescribe guidelines for the administration of 

13 this authority.’’. 

14 SEC. 407. OPERATION LIFESAVER. 

15 (a) GRANT.—The Federal Railroad Safety Adminis16 tration shall make a grant or grants to Operation Lifesaver 

17 to carry out a public information and education program 

18 to help prevent and reduce pedestrian, bicycle, motor vehi19 cle, and other incidents, injuries, and fatalities, and to im20 prove awareness along railroad rights-of-way and at high21 way-rail grade crossings. This includes development, place22 ment, and dissemination of Public Service Announcements 

23 in newspaper, radio, television, and other media. It will 

24 also include school presentations, brochures and materials, 

25 support for public awareness campaigns, and related supVerDate Aug 31 2005 23:11 Sep 19, 2007 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6203 E:\BILLS\H2095.RH H2095

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1 port for the activities of Operation Lifesaver’s member orga2 nizations. 

3 (b) PILOT PROGRAM.—Funds provided under sub4 section (a) may also be used by Operation Lifesaver to im5 plement a pilot program, to be known as the Railroad Safe6 ty Public Awareness Program, that addresses the need for 

7 targeted, sustained community outreach on the subjects de8 scribed in subsection (a). Such pilot program shall be estab9 lished in States and communities where risk is greatest, in 

10 terms of the number of crashes and population density near 

11 the railroad, including residences, businesses, and schools. 

12 Such pilot program shall be carried out through grants to 

13 Operation Lifesaver for work with community leaders, 

14 school districts, and public and private partners to identify 

15 the communities at greatest risk, and through development 

16 of an implementation plan. An evaluation component re17 quirement shall be included in the grant to measure results. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

19 authorized to be appropriated to the Federal Railroad Safe20 ty Administration for carrying out this section $1,500,000 

21 for each of the fiscal years 2008 through 2011. 

22 SEC. 408. STATE ACTION PLAN. 

23 (a) IN GENERAL.—The Secretary shall identify on an 

24 annual basis the top 10 States that have had the most high25 way-rail grade crossing collisions over the past year. The 


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1 Secretary shall work with each of these States to develop 

2 a State Grade Crossing Action Plan that identifies specific 

3 solutions for improving safety at crossings, particularly at 

4 crossings that have experienced multiple accidents. 

5 (b) REVIEW AND APPROVAL.—Not later than 60 days 

6 after the Secretary receives a plan under subsection (a), the 

7 Secretary shall review and approve or disapprove it. If the 

8 proposed plan is not approved, the Secretary shall notify 

9 the affected State as to the specific points in which the pro10 posed plan is deficient, and the State shall correct all defi11 ciencies within 30 days following receipt of written notice 

12 from the Secretary. 

13 SEC. 409. FOSTERING INTRODUCTION OF NEW TECH14 NOLOGY TO IMPROVE SAFETY AT HIGHWAY15 RAIL GRADE CROSSINGS. 

16 (a) AMENDMENT.—Chapter 201 of title 49, United 

17 States Code, as amended by this Act, is further amended 

18 by adding at the end the following: 

19 ‘‘§ 20165. Fostering introduction of new technology to 

20 improve safety at highway-rail grade 

21 crossings 

22 ‘‘(a) FINDINGS.—(1) Collisions between highway users 

23 and trains at highway-rail grade crossings continue to 

24 cause an unacceptable loss of life and serious personal in25 jury and also threaten the safety of rail transportation. 


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1 ‘‘(2) While elimination of at-grade crossings through 

2 consolidation of crossings and grade separations offers the 

3 greatest long-term promise for optimizing the safety and ef4 ficiency of the two modes of transportation, over 140,000 

5 public grade crossings remain on the general rail system— 

6 approximately one for each route mile on the general rail 

7 system. 

8 ‘‘(3) Conventional highway traffic control devices such 

9 as flashing lights and gates are effective in warning motor10 ists of a train’s approach to an equipped crossing. 

11 ‘‘(4) Since enactment of the Highway Safety Act of 

12 1973, over $4,200,000,000 of Federal funding has been in13 vested in safety improvements at highway-rail grade cross14 ings, yet a majority of public highway-rail grade crossings 

15 are not yet equipped with active warning systems. 

16 ‘‘(5) The emergence of new technologies supporting In17 telligent Transportation Systems presents opportunities for 

18 more effective and affordable warnings and safer passage 

19 of highway users and trains at remaining highway-rail 

20 grade crossings. 

21 ‘‘(6) Implementation of new crossing safety technology 

22 will require extensive cooperation between highway authori23 ties and railroad carriers. 

24 ‘‘(7) Federal Railroad Safety Administration regula25 tions establishing performance standards for processorVerDate Aug 31 2005 23:11 Sep 19, 2007 Jkt 059200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\H2095.RH H2095

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1 based signal and train control systems provide a suitable 

2 framework for qualification of new or novel technology at 

3 highway-rail grade crossings, and the Federal Highway Ad4 ministration’s Manual on Uniform Traffic Control Devices 

5 provides an appropriate means of determining highway 

6 user interface with such new technology. 

7 ‘‘(b) POLICY.—It is the policy of the United States to 

8 encourage the development of new technology that can pre9 vent loss of life and injuries at highway-rail grade cross10 ings. The Secretary of Transportation is designated to carry 

11 out this policy in consultation with States and necessary 

12 public and private entities.’’. 

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

14 sections for chapter 201 of title 49, United States Code, as 

15 amended by this Act, is further amended by adding at the 

16 end the following new item: 

‘‘20165. Fostering introduction of new technology to improve safety at highwayrail grade crossings.’’. 

17 TITLE V—ENFORCEMENT 

18 SEC. 501. ENFORCEMENT. 

19 Section 20112(a) of title 49, United States Code, is 

20 amended— 

21 (1) by inserting ‘‘this part or’’ in paragraph (1) 

22 after ‘‘enforce,’’; 

23 (2) by striking ‘‘21301’’ in paragraph (2) and 

24 inserting ‘‘21301, 21302, or 21303’’; 


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1 (3) by striking ‘‘subpena’’ in paragraph (3) and 

2 inserting ‘‘subpoena, request for admissions, request 

3 for production of documents or other tangible things, 

4 or request for testimony by deposition’’; and 

5 (4) by striking ‘‘chapter.’’ in paragraph (3) and 

6 inserting ‘‘part.’’. 

7 SEC. 502. CIVIL PENALTIES. 

8 (a) GENERAL VIOLATIONS OF CHAPTER 201.—Section 

9 21301(a)(2) of title 49, United States Code, is amended— 

10 (1) by striking ‘‘$10,000’’ and inserting 

11 ‘‘$25,000’’; and 

12 (2) by striking ‘‘$20,000’’ and inserting 

13 ‘‘$100,000’’. 

14 (b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAPTER

15 201; VIOLATIONS OF CHAPTERS 203 THROUGH 209.—Sec16 tion 21302(a)(2) of title 49, United States Code, is amend17 ed— 

18 (1) by striking ‘‘$10,000’’ and inserting 

19 ‘‘$25,000’’; and 

20 (2) by striking ‘‘$20,000’’ and inserting 

21 ‘‘$100,000’’. 

22 (c) VIOLATIONS OF CHAPTER 211.—Section 

23 21303(a)(2) of title 49, United States Code, is amended— 

24 (1) by striking ‘‘$10,000’’ and inserting 

25 ‘‘$25,000’’; and 


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1 (2) by striking ‘‘$20,000’’ and inserting 

2 ‘‘$100,000’’. 

3 SEC. 503. CRIMINAL PENALTIES. 

4 Section 21311(b) of title 49, United States Code, is 

5 amended by striking ‘‘$500’’ both places it appears and in6 serting ‘‘$2,500’’. 

7 SEC. 504. EXPANSION OF EMERGENCY ORDER AUTHORITY. 

8 Section 20104(a)(1) of title 49, United States Code, 

9 is amended by striking ‘‘death or personal injury’’ and in10 serting ‘‘death, personal injury, or significant harm to the 

11 environment’’. 

12 SEC. 505. ENFORCEMENT TRANSPARENCY. 

13 (a) AMENDMENT.—Subchapter I of chapter 201 of title 

14 49, United States Code, is amended by adding at the end 

15 the following: 

16 ‘‘§ 20118. Enforcement transparency 

17 ‘‘(a) IN GENERAL.—Not later than December 31, 2007, 

18 the Secretary of Transportation shall— 

19 ‘‘(1) provide a monthly updated summary to the 

20 public of all railroad enforcement actions taken by the 

21 Secretary or the Federal Railroad Safety Administra22 tion, from the time a notice commencing an enforce23 ment action is issued until the enforcement action is 

24 final; 


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1 ‘‘(2) include in each such summary identifica2 tion of the railroad carrier or person involved in the 

3 enforcement activity, the type of alleged violation, the 

4 penalty or penalties proposed, any changes in case 

5 status since the previous summary, the final assess6 ment amount of each penalty, and the reasons for a 

7 reduction in the proposed penalty, if appropriate; 

8 and 

9 ‘‘(3) provide a mechanism by which a railroad 

10 carrier or person named in an enforcement action 

11 may make information, explanations, or documents it 

12 believes are responsive to the enforcement action 

13 available to the public. 

14 ‘‘(b) ELECTRONIC AVAILABILITY.—Each summary 

15 under this section shall be made available to the public by 

16 electronic means. 

17 ‘‘(c) RELATIONSHIP TO FOIA.—Nothing in this sec18 tion shall be construed to require disclosure of information 

19 or records that are exempt from disclosure under section 

20 552 of title 5.’’. 

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

22 sections of subchapter I of chapter 201 of title 49, United 

23 States Code, is amended by adding at the end the following 

24 new item: 

‘‘20118. Enforcement transparency.’’. 


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1 SEC. 506. INTERFERING WITH OR HAMPERING SAFETY IN2 VESTIGATIONS. 

3 (a) AMENDMENT.—Subchapter II of chapter 213 of 

4 title 49, United States Code, is amended by adding at the 

5 end the following new section: 

6 ‘‘§ 21312. Interfering with or hampering safety inves7 tigations 

8 ‘‘(a) IN GENERAL.—It shall be unlawful for any per9 son knowingly to interfere with, obstruct, or hamper an in10 vestigation by the Secretary of Transportation conducted 

11 under section 20703 or 20902 of this title, or a railroad 

12 investigation by the National Transportation Safety Board 

13 under chapter 11 of this title. 

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

15 unlawful for any person, with regard to an investigation 

16 conducted by the Secretary under section 20703 or 20902 

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

18 Transportation Safety Board under chapter 11 of this title, 

19 knowingly or intentionally to use intimidation, harass20 ment, threats, or physical force toward another person, or 

21 corruptly persuade another person, or attempt to do so, or 

22 engage in misleading conduct toward another person, with 

23 the intent or effect of— 

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

25 any person; 


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1 ‘‘(2) hindering, delaying, preventing, or dis2 suading any person from— 

3 ‘‘(A) attending a proceeding or interview 

4 with, testifying before, or providing a written 

5 statement to, a National Transportation Safety 

6 Board railroad investigator, a Federal railroad 

7 safety inspector or State railroad safety inspec8 tor, or their superiors; 

9 ‘‘(B) communicating or reporting to a Na10 tional Transportation Safety Board railroad in11 vestigator, a Federal railroad safety inspector, or 

12 a State railroad safety inspector, or their superi13 ors, information relating to the commission or 

14 possible commission of one or more violations of 

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

16 ‘‘(C) recommending or using any legal rem17 edy available to the Secretary under this title; or 

18 ‘‘(3) causing or inducing any person to— 

19 ‘‘(A) withhold testimony, or a statement, 

20 record, document, or other object, from the inves21 tigation; 

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

23 statement, record, document, or other object with 

24 intent to impair the integrity or availability of 


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1 the statement, record, document, or other object 

2 for use in the investigation; 

3 ‘‘(C) evade legal process summoning that 

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

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

6 the investigation; or 

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

8 which such person has been summoned by legal 

9 process. 

10 ‘‘(c) ELEMENTS OF VIOLATION.—(1) For the purposes 

11 of this section, the testimony or statement, or the record, 

12 document, or other object, need not be admissible in evidence 

13 or free from a claim of privilege. 

14 ‘‘(2) In a prosecution for an offense under this section, 

15 no state of mind need be proved with respect to the cir16 cumstance that the investigation is being conducted by the 

17 Secretary under section 20703 or 20902 of this title or by 

18 the National Transportation Safety Board under chapter 

19 11 of this title. 

20 ‘‘(d) CRIMINAL PENALTIES.—A person violating this 

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

22 more than 1 year, or both.’’. 

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

24 sections of subchapter II of chapter 213 of title 49, United 


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1 States Code, is amended by adding at the end the following 

2 new item: 

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

3 SEC. 507. RAILROAD RADIO MONITORING AUTHORITY. 

4 Section 20107 of title 49, United States Code, is 

5 amended by inserting at the end the following: 

6 ‘‘(c) RAILROAD RADIO COMMUNICATIONS.— 

7 ‘‘(1) IN GENERAL.—To carry out the Secretary’s 

8 responsibilities under this part and under chapter 51, 

9 the Secretary may authorize officers, employees, or 

10 agents of the Secretary to conduct the following ac11 tivities in circumstances the Secretary finds to be rea12 sonable: 

13 ‘‘(A) Intercepting a radio communication, 

14 with or without the consent of the sender or other 

15 receivers of the communication, but only where 

16 such communication is broadcast or transmitted 

17 over a radio frequency which is— 

18 ‘‘(i) authorized for use by one or more 

19 railroad carriers by the Federal Commu20 nications Commission; and 

21 ‘‘(ii) primarily used by such railroad 

22 carriers for communications in connection 

23 with railroad operations. 

24 ‘‘(B) Communicating the existence, contents, 

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1 munication, subject to the restrictions in para2 graph (3). 

3 ‘‘(C) Receiving or assisting in receiving the 

4 communication (or any information therein con5 tained). 

6 ‘‘(D) Disclosing the contents, substance, 

7 purport, effect, or meaning of the communication 

8 (or any part thereof of such communication) or 

9 using the communication (or any information 

10 contained therein), subject to the restrictions in 

11 paragraph (3), after having received the commu12 nication or acquired knowledge of the contents, 

13 substance, purport, effect, or meaning of the com14 munication (or any part thereof). 

15 ‘‘(E) Recording the communication by any 

16 means, including writing and tape recording. 

17 ‘‘(2) ACCIDENT PREVENTION AND ACCIDENT IN18 VESTIGATION.—The Secretary, and officers, employ19 ees, and agents of the Department of Transportation 

20 authorized by the Secretary, may engage in the ac21 tivities authorized by paragraph (1) for the purpose 

22 of accident prevention and accident investigation. 

23 ‘‘(3) USE OF INFORMATION.—(A) Information 

24 obtained through activities authorized by paragraphs 


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1 (1) and (2) shall not be admitted into evidence in any 

2 administrative or judicial proceeding except— 

3 ‘‘(i) in a prosecution of a felony under Fed4 eral or State criminal law; or 

5 ‘‘(ii) to impeach evidence offered by a party 

6 other than the Federal Government regarding the 

7 existence, electronic characteristics, content, sub8 stance, purport, effect, meaning, or timing of, or 

9 identity of parties to, a communication inter10 cepted pursuant to paragraphs (1) and (2) in 

11 proceedings pursuant to section 5122, 5123, 

12 20702(b), 20111, 20112, 20113, or 20114 of this 

13 title. 

14 ‘‘(B) If information obtained through activities 

15 set forth in paragraphs (1) and (2) is admitted into 

16 evidence for impeachment purposes in accordance 

17 with subparagraph (A), the court, administrative law 

18 judge, or other officer before whom the proceeding is 

19 conducted may make such protective orders regarding 

20 the confidentiality or use of the information as may 

21 be appropriate in the circumstances to protect pri22 vacy and administer justice. 

23 ‘‘(C) No evidence shall be excluded in an admin24 istrative or judicial proceeding solely because the gov25 ernment would not have learned of the existence of or 


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1 obtained such evidence but for the interception of in2 formation that is not admissible in such proceeding 

3 under subparagraph (A). 

4 ‘‘(D) Information obtained through activities set 

5 forth in paragraphs (1) and (2) shall not be subject 

6 to publication or disclosure, or search or review in 

7 connection therewith, under section 552 of title 5. 

8 ‘‘(E) Nothing in this subsection shall be con9 strued to impair or otherwise affect the authority of 

10 the United States to intercept a communication, and 

11 collect, retain, analyze, use, and disseminate the in12 formation obtained thereby, under a provision of law 

13 other than this subsection. 

14 ‘‘(4) APPLICATION WITH OTHER LAW.—Section 

15 705 of the Communications Act of 1934 (47 U.S.C. 

16 605) and chapter 119 of title 18 shall not apply to 

17 conduct authorized by and pursuant to this sub18 section.’’. 

19 SEC. 508. INSPECTOR STAFFING. 

20 The Secretary shall increase the total number of posi21 tions for railroad safety inspection and enforcement per22 sonnel at the Federal Railroad Safety Administration so 

23 that by December 31, 2008, the total number of such posi24 tions is at least 500, by December 31, 2009, the total num25 ber of such positions is at least 600, by December 31, 2010, 


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1 the total number of such positions is at least 700, and by 

2 December 31, 2011, the total number of positions is at least 

3 800. 

4 TITLE VI—MISCELLANEOUS 

5 PROVISIONS 

6 SEC. 601. POSITIVE TRAIN CONTROL SYSTEMS. 

7 (a) IN GENERAL.—Not later than 12 months after the 

8 date of enactment of this Act, each Class I railroad carrier 

9 shall develop and submit to the Secretary a plan for imple10 menting a positive train control system by December 31, 

11 2014, that will minimize the risk of train collisions and 

12 over-speed derailments, provide protection to maintenance13 of-way workers within established work zone limits, and 

14 minimize the risk of the movement of a train through a 

15 switch left in the wrong position. 

16 (b) SAFETY REDUNDANCY.—The positive train control 

17 system required under subsection (a) shall provide a safety 

18 redundancy to minimize the risk of accidents by overriding 

19 human performance failures involving train movements on 

20 main line tracks. 

21 (c) CONTENTS OF PLAN.—The Secretary may provide 

22 technical assistance and guidance to railroad carriers in 

23 developing the plans required under subsection (a), and 

24 shall require that each railroad carrier include in the plan, 

25 at a minimum— 


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1 (1) measurable goals, including a strategy and 

2 timeline for implementation of such systems; 

3 (2) a prioritization of how the systems will be 

4 implemented, with particular emphasis on high-risk 

5 corridors such as those that have significant move6 ments of hazardous materials or where commuter and 

7 intercity passenger railroads operate; 

8 (3) identification of detailed steps the carriers 

9 will take to implement the systems; and 

10 (4) any other element the Secretary considers ap11 propriate. 

12 (d) REVIEW AND APPROVAL.—Not later than 90 days 

13 after the Secretary receives a plan, the Secretary shall re14 view and approve it. If the proposed plan is not approved, 

15 the Secretary shall notify the affected railroad carrier as 

16 to the specific points in which the proposed plan is defi17 cient, and the railroad carrier shall correct all deficiencies 

18 within 30 days following receipt of written notice from the 

19 Secretary. The Secretary shall annually conduct a review 

20 to ensure that the railroads are complying with their plans. 

21 (e) REPORT.—Not later than December 31, 2011, the 

22 Secretary shall transmit a report to the Committee on 

23 Transportation and Infrastructure of the House of Rep24 resentatives and the Committee on Commerce, Science, and 

25 Transportation of the Senate on the progress of the railroad 


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1 carriers in implementing such positive train control sys2 tems. 

3 (f) AUTHORITY TO EXTEND DEADLINE.—The Sec4 retary may extend the date for implementation required 

5 under subsection (a) for any Class I railroad carrier for 

6 a period of not more than 24 months if the Secretary deter7 mines such an extension is necessary— 

8 (1) to implement a more effective positive train 

9 control system than would be possible under the date 

10 established in subsection (a); 

11 (2) to obtain interoperability between positive 

12 train control systems implemented by railroad car13 riers; 

14 (3) for the Secretary to determine that a positive 

15 train control system meets the requirements of this 

16 section and regulations issued by the Secretary; or 

17 (4) to otherwise enhance safety. 

18 (g) CERTIFICATION.—The Secretary shall not permit 

19 the installation of any positive train control system or com20 ponent unless the Secretary has certified that such system 

21 or component has not experienced a safety-critical failure 

22 during prior testing and evaluation. If such a failure has 

23 occurred, the system or component may be repaired and 

24 evaluated in accordance with part 236 of title 49 of the 

25 Code of Federal Regulations and may be installed when the 


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1 Secretary certifies that the factors causing the failure have 

2 been corrected and approves the system for installation in 

3 accordance with such part 236. 

4 (h) NOTICE.—Not later than 30 days after the Sec5 retary grants an extension under subsection (f), the Sec6 retary shall publish a notice in the Federal Register that 

7 identifies the Class I railroad carrier that is being granted 

8 the extension, the reasons for granting the extension, and 

9 the length of the extension. 

10 SEC. 602. WARNING IN NONSIGNALED TERRITORY. 

11 (a) AMENDMENT.—Subchapter II of chapter 201 of 

12 title 49, United States Code, as amended by this Act, is 

13 further amended by adding at the end the following new 

14 section: 

15 ‘‘§ 20158. Warning in nonsignaled territory 

16 ‘‘Not later than 12 months after the date of enactment 

17 of the Federal Railroad Safety Improvement Act of 2007, 

18 the Secretary of Transportation shall prescribe regulations 

19 that require railroads, with respect to main lines in nonsig20 naled territory without a train speed enforcement system 

21 that would stop a train in advance of a misaligned switch, 

22 to either— 

23 ‘‘(1) install an automatically activated device, in 

24 addition to the switch banner, that will, visually or 

25 electronically, compellingly capture the attention of 


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1 the employees involved with switch operations and 

2 clearly convey the status of the switch both in day3 light and darkness; or 

4 ‘‘(2) operate trains at speeds that will allow 

5 them to be safely stopped in advance of misaligned 

6 switches.’’. 

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

8 sections of subchapter II of chapter 201 of title 49, United 

9 States Code, is amended by adding at the end the following 

10 new item: 

‘‘20158. Warning in nonsignaled territory.’’. 

11 SEC. 603. TRACK SAFETY. 

12 (a) AMENDMENT.—Subchapter II of chapter 201 of 

13 title 49, United States Code, as amended by this Act, is 

14 further amended by adding at the end the following new 

15 section: 

16 ‘‘§ 20159. Track safety 

17 ‘‘(a) RAIL INTEGRITY.—Not later than 12 months after 

18 the date of enactment of the Federal Railroad Safety Im19 provement Act of 2007, the Secretary of Transportation 

20 shall prescribe regulations to require railroad carriers to 

21 manage the rail in their tracks so as to minimize accidents 

22 due to internal rail flaws. The regulations shall, at a min23 imum— 

24 ‘‘(1) require railroad carriers to conduct ultra25 sonic or other appropriate inspections to ensure that 


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1 rail used to replace defective segments of existing rail 

2 is free from internal defects; 

3 ‘‘(2) require railroad carriers to perform rail in4 tegrity inspections to manage an annual service fail5 ure rate of less than .1 per track mile on high-risk 

6 corridors such as those that have significant move7 ments of hazardous materials or where commuter and 

8 intercity passenger railroads operate; and 

9 ‘‘(3) encourage railroad carrier use of advanced 

10 rail defect inspection equipment and similar tech11 nologies as part of a comprehensive rail inspection 

12 program. 

13 ‘‘(b) CONCRETE CROSSTIES.—Not later than 18 

14 months after the date of enactment of the Federal Railroad 

15 Safety Improvement Act of 2007, the Secretary shall develop 

16 and implement regulations for all classes of track for con17 crete crossties that address, at a minimum— 

18 ‘‘(1) limits for rail seat abrasion; 

19 ‘‘(2) concrete crosstie pad wear limits; 

20 ‘‘(3) missing or broken rail fasteners; 

21 ‘‘(4) loss of appropriate toeload pressure; 

22 ‘‘(5) improper fastener configurations; and 

23 ‘‘(6) excessive lateral rail movement.’’. 

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

25 sections of subchapter II of chapter 201 of title 49, United 


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1 States Code, is amended by adding at the end the following 

2 new item: 

‘‘20159. Track safety.’’. 

3 SEC. 604. CERTIFICATION OF CONDUCTORS. 

4 (a) AMENDMENT.—Subchapter II of chapter 201 of 

5 title 49, United States Code, as amended by this Act, is 

6 further amended by adding at the end the following new 

7 section: 

8 ‘‘§ 20160. Certification of conductors 

9 ‘‘(a) REGULATIONS.—Not later than 18 months after 

10 the date of enactment of the Federal Railroad Safety Im11 provement Act of 2007, the Secretary of Transportation 

12 shall prescribe regulations and issue orders to establish a 

13 program requiring the certification of train conductors. In 

14 prescribing such regulations, the Secretary shall require 

15 that conductors on passenger trains be trained in security, 

16 first aid, and emergency preparedness. 

17 ‘‘(b) PROGRAM DESIGN.—The program established 

18 under this section shall be designed based on the require19 ments of section 20135(b) through (e).’’. 

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

21 sections of subchapter II of chapter 201 of title 49, United 

22 States Code, is amended by adding at the end the following 

23 new item: 

‘‘20160. Certification of conductors.’’. 


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1 SEC. 605. MINIMUM TRAINING STANDARDS. 

2 (a) AMENDMENT.—Subchapter II of chapter 201 of 

3 title 49, United States Code, as amended by this Act, is 

4 further amended by adding at the end the following new 

5 section: 

6 ‘‘§ 20161. Minimum training standards 

7 ‘‘The Secretary of Transportation shall, not later than 

8 180 days after the date of enactment of the Federal Railroad 

9 Safety Improvement Act of 2007, establish— 

10 ‘‘(1) minimum training standards for each class 

11 and craft of railroad employees, which shall require 

12 railroad carriers to qualify or otherwise document the 

13 proficiency of their employees in each class and craft 

14 regarding their knowledge of, and ability to comply 

15 with, Federal railroad safety laws and regulations 

16 and railroad carrier rules and procedures promul17 gated to implement those Federal railroad safety laws 

18 and regulations; 

19 ‘‘(2) a requirement for railroad carriers to sub20 mit their training and qualification programs to the 

21 Federal Railroad Safety Administration for approval; 

22 and 

23 ‘‘(3) a minimum training curriculum, and ongo24 ing training criteria, testing, and skills evaluation 

25 measures to ensure that railroad employees charged 

26 with the inspection of track or railroad equipment are 


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1 qualified to assess railroad compliance with Federal 

2 standards to identify defective conditions and initiate 

3 immediate remedial action to correct critical safety 

4 defects that are known to contribute to derailments, 

5 accidents, or injury. In implementing the require6 ments of this paragraph, the Secretary shall take into 

7 consideration existing training programs of railroad 

8 carriers.’’. 

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

10 sections of subchapter II of chapter 201 of title 49, United 

11 States Code, is amended by adding at the end the following 

12 new item: 

‘‘20161. Minimum training standards.’’. 

13 SEC. 606. PROMPT MEDICAL ATTENTION. 

14 (a) AMENDMENT.—Subchapter II of chapter 201 of 

15 title 49, United States Code, as amended by this Act, is 

16 further amended by adding at the end the following new 

17 section: 

18 ‘‘§ 20162. Prompt medical attention 

19 ‘‘(a) PROHIBITION.—A railroad or person covered 

20 under this title shall not deny, delay, or interfere with the 

21 medical or first aid treatment of an employee who is in22 jured during the course of employment. If transportation 

23 to a hospital is requested by an employee who is injured 

24 during the course of employment, the railroad shall promptVerDate Aug 31 2005 23:11 Sep 19, 2007 Jkt 059200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6203 E:\BILLS\H2095.RH H2095

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1 ly arrange to have the injured employee transported to the 

2 nearest medically appropriate hospital. 

3 ‘‘(b) DISCIPLINE.—A railroad or person covered under 

4 this title shall not discipline, or threaten discipline to, an 

5 employee for requesting medical or first aid treatment, or 

6 for following orders or a treatment plan of a treating physi7 cian. For purposes of this subsection, discipline means to 

8 bring charges against a person in a disciplinary pro9 ceeding, suspend, terminate, place on probation, or make 

10 note of reprimand on an employee’s record.’’. 

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

12 sections of subchapter II of chapter 201 of title 49, United 

13 States Code, is amended by adding at the end the following 

14 new item: 

‘‘20162. Prompt medical attention.’’. 

15 SEC. 607. EMERGENCY ESCAPE BREATHING APPARATUS. 

16 (a) AMENDMENT.—Subchapter II of chapter 201 of 

17 title 49, United States Code, as amended by this Act, is 

18 further amended by adding at the end the following new 

19 section: 

20 ‘‘§ 20163. Emergency escape breathing apparatus 

21 ‘‘Not later than 18 months after the date of enactment 

22 of the Federal Railroad Safety Improvement Act of 2007, 

23 the Secretary of Transportation shall prescribe regulations 

24 that require railroads to— 


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1 ‘‘(1) provide emergency escape breathing appa2 ratus for all crewmembers on freight trains carrying 

3 hazardous materials that would pose an inhalation 

4 hazard in the event of release; and 

5 ‘‘(2) provide their crewmembers with appro6 priate training for using the breathing apparatus.’’. 

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

8 sections of subchapter II of chapter 201 of title 49, United 

9 States Code, is amended by adding at the end the following 

10 new item: 

‘‘20163. Emergency escape breathing apparatus.’’. 

11 SEC. 608. LOCOMOTIVE CAB ENVIRONMENT. 

12 Not later than 12 months after the date of enactment 

13 of this Act, the Secretary of Transportation shall transmit 

14 to the Committee on Transportation and Infrastructure of 

15 the House of Representatives and the Committee on Com16 merce, Science, and Transportation of the Senate a report 

17 on the effects of the locomotive cab environment on the safe18 ty, health, and performance of train crews. 

19 SEC. 609. TUNNEL INFORMATION. 

20 Not later than 120 days after the date of enactment 

21 of this Act, each railroad carrier (as defined in section 

22 20102 of title 49, United States Code) shall, with respect 

23 to each of its tunnels which— 

24 (1) are longer than 1000 feet and located under 

25 a city with a population of 400,000 or greater; or 


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1 (2) carry 5 or more scheduled passenger trains 

2 per day, or 500 or more carloads of Toxic Inhalation 

3 Hazardous materials per year, 

4 maintain for at least two years historical documentation 

5 of structural inspection and maintenance activities for such 

6 tunnels, including information on the methods of ingress 

7 and egress into and out of the tunnel, the types of cargos 

8 typically transported through the tunnel, and schematics or 

9 blueprints for the tunnel, when available. Upon request, a 

10 railroad carrier shall also provide periodic briefings to the 

11 government of the local jurisdiction in which the tunnel is 

12 located, including updates whenever a repair or rehabilita13 tion project substantially alters the methods of ingress and 

14 egress. Such governments shall use appropriate means to 

15 protect and restrict the distribution of any security sen16 sitive information provided by the railroad carrier under 

17 this section, consistent with national security interests. 

18 SEC. 610. RAILROAD POLICE. 

19 Section 28101 of title 49, United States Code, is 

20 amended by striking ‘‘the rail carrier’’ each place it ap21 pears and inserting ‘‘any rail carrier’’. 

22 SEC. 611. MUSEUM LOCOMOTIVE STUDY. 

23 (a) STUDY.—The Secretary of Transportation shall 

24 conduct a study of its regulations relating to safety inspec25 tions of diesel-electric locomotives and equipment and the 


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1 safety consequences of requiring less frequent inspections of 

2 such locomotives which are operated by museums, including 

3 annual inspections or inspections based on accumulated op4 erating hours. The study shall include an analysis of the 

5 safety consequences of requiring less frequent air brake in6 spections of such locomotives. 

7 (b) REPORT.—Not later than 12 months after the date 

8 of enactment of this Act, the Secretary of Transportation 

9 shall transmit a report on the results of the study conducted 

10 under subsection (a) to the Committee on Transportation 

11 and Infrastructure of the House of Representatives and the 

12 Committee on Commerce, Science, and Transportation of 

13 the Senate. 

14 SEC. 612. CERTIFICATION OF CARMEN. 

15 (a) AMENDMENT.—Subchapter II of chapter 201 of 

16 title 49, United States Code, as amended by this Act, is 

17 further amended by adding at the end the following new 

18 section: 

19 ‘‘§ 20164. Certification of carmen 

20 ‘‘(a) REGULATIONS.—Not later than 18 months after 

21 the date of enactment of the Federal Railroad Safety Im22 provement Act of 2007, the Secretary of Transportation 

23 shall prescribe regulations and issue orders to establish a 

24 program requiring the certification of carmen, including all 

25 employees performing mechanical inspections, brake system 


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1 inspections, or maintenance on freight and passenger rail 

2 cars. 

3 ‘‘(b) PROGRAM DESIGN.—The program established 

4 under this section shall be designed by the Secretary of 

5 Transportation based on the requirements of parts 215, 221, 

6 231, 232, and 238 of title 49 of the Code of Federal Regula7 tions.’’. 

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

9 sections of subchapter II of chapter 201 of title 49, United 

10 States Code, is amended by adding at the end the following 

11 new item: 

‘‘20164. Certification of carmen.’’. 

12 SEC. 613. TRAIN CONTROL SYSTEMS DEPLOYMENT GRANTS. 

13 (a) GRANT PROGRAM.—The Secretary of Transpor14 tation shall establish a grant program for the deployment 

15 of train control and component technologies, including— 

16 (1) communications-based train control systems 

17 designed to prevent train movement authority viola18 tions, over-speed violations, and train collision acci19 dents caused by noncompliance with authorities as 

20 well as to provide additional protections to roadway 

21 workers and protect against open switches in non22 signal territories; 

23 (2) remote control power switch technology; 

24 (3) switch point monitoring technology; and 

25 (4) track integrity circuit technology. 


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1 (b) GRANT CRITERIA.— 

2 (1) ELIGIBILITY.—Grants shall be made under 

3 this section to eligible passenger and freight railroad 

4 carriers and State and local governments for projects 

5 described in subsection (a) that have a public benefit 

6 of improved safety or network efficiency. 

7 (2) IMPLEMENTATION PLAN.—An applicant for a 

8 grant made pursuant to this section shall file with the 

9 Secretary a train control implementation plan that 

10 shall describe the overall safety and efficiency benefits 

11 of installing systems described in subsection (a) and 

12 the stages for implementing such systems. 

13 (3) CONSIDERATION.—The Secretary shall give 

14 priority consideration to applications that benefit 

15 both passenger and freight safety and efficiency, or 

16 incentivize train control technology deployment on 

17 high-risk corridors such as those that have significant 

18 movements of hazardous materials or where commuter 

19 and intercity passenger railroads operate. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—(1) There 

21 are authorized to be appropriated to the Secretary such 

22 sums as may be necessary for each of fiscal years 2008 

23 through 2011 to carry out this section. 

24 (2) Amounts made available pursuant to this sub25 section shall remain available until expended. 


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1 SEC. 614. INFRASTRUCTURE SAFETY INVESTMENT RE2 PORTS. 

3 Not later than February 15th of each year, each Class 

4 I railroad shall file a report with both the Federal Railroad 

5 Safety Administration and the Surface Transportation 

6 Board detailing, by State, the infrastructure investments 

7 and maintenance they have performed on their system, in8 cluding but not limited to track, locomotives, railcars, and 

9 grade crossings, in the previous calendar year to ensure the 

10 safe movement of freight, and their plans for such invest11 ments and maintenance in the current calendar year. Such 

12 reports shall be publicly available, and any interested party 

13 may file comments about the reports, which also shall be 

14 made public. 

15 SEC. 615. EMERGENCY GRADE CROSSING SAFETY IMPROVE16 MENTS. 

17 (a) ESTABLISHMENT OF PROGRAM.—The Secretary of 

18 Transportation shall establish a grant program to provide 

19 for emergency grade crossing safety improvements, includ20 ing the installation, repair, or improvement of— 

21 (1) railroad crossing signals, gates, and related 

22 technologies, including median barriers and four 

23 quadrant gates; 

24 (2) highway traffic signalization, including 

25 highway signals tied to railroad signal systems; 


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1 (3) highway lighting and crossing approach 

2 signage; 

3 (4) roadway improvements, including railroad 

4 crossing panels and surfaces; and 

5 (5) related work to mitigate dangerous condi6 tions. 

7 (b) GRANT CRITERIA.— 

8 (1) ELIGIBILITY.—The Secretary may make 

9 grants to State and local governments under this sec10 tion to provide emergency grade crossing safety im11 provements at a location where there has been a rail12 road grade crossing collision with a school bus, or col13 lision involving three or more serious bodily injuries 

14 or fatalities. 

15 (2) MAXIMUM AMOUNT.—Grants awarded under 

16 paragraph (1) shall not exceed $250,000 per crossing. 

17 (3) NO STATE OR LOCAL SHARE.—The Secretary 

18 shall not require the contribution of a State or local 

19 share as a condition of the grant. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

21 authorized to be appropriated to the Secretary such sums 

22 as may be necessary for each of fiscal years 2008 through 

23 2011 to carry out this section. Amounts made available 

24 under this subsection shall remain available until expended. 


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1 SEC. 616. CLARIFICATIONS REGARDING STATE LAW CAUSES 

2 OF ACTION. 

3 Section 20106 of title 49, United States Code, is 

4 amended— 

5 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

6 ‘‘Laws, regulations’’; and 

7 (2) by inserting at the end the following new 

8 subsection: 

9 ‘‘(b) CLARIFICATIONS REGARDING STATE LAW CAUSES

10 OF ACTION.— 

11 ‘‘(1) IN GENERAL.—Nothing in this section shall 

12 be construed to preempt an action under State law 

13 seeking damages for personal injury, death, or prop14 erty damage alleging that a party has violated the 

15 Federal standard of care established by a regulation 

16 or order issued by the Secretary of Transportation 

17 (with respect to railroad safety matters), or the Sec18 retary of Homeland Security (with respect to the rail19 road security matters) covering the subject matter as 

20 provided in subsection (a) of this section. This in21 cludes actions under State law for a party’s violation 

22 of or failure to adequately comply with its own plan, 

23 rule, or standard that it created pursuant to a regula24 tion or order issued by either of the Secretaries or for 

25 a party’s failure to adequately comply with a law, 

26 regulation, or order issued by either of the Secretaries. 


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1 Actions under State law for a violation of a State 

2 law, regulation, or order that is not inconsistent with 

3 subsection (a)(2) are also not preempted. 

4 ‘‘(2) RETROACTIVITY.—This subsection shall 

5 apply to all pending State law causes of action aris6 ing from events or activities occurring on or after 

7 January 18, 2002.’’. 

8 TITLE VII—RAIL PASSENGER 

9 DISASTER FAMILY ASSISTANCE 

10 SEC. 701. SHORT TITLE. 

11 This title may be cited as the ‘‘Rail Passenger Disaster 

12 Family Assistance Act of 2007’’. 

13 SEC. 702. ASSISTANCE BY NATIONAL TRANSPORTATION 

14 SAFETY BOARD TO FAMILIES OF PASSENGERS 

15 INVOLVED IN RAIL PASSENGER ACCIDENTS. 

16 (a) IN GENERAL.—Subchapter III of chapter 11 of 

17 title 49, United States Code, is amended by adding at the 

18 end the following: 

19 ‘‘§ 1139. Assistance to families of passengers involved 

20 in rail passenger accidents 

21 ‘‘(a) IN GENERAL.—As soon as practicable after being 

22 notified of a rail passenger accident within the United 

23 States involving a rail passenger carrier and resulting in 

24 a major loss of life, the Chairman of the National Transpor25 tation Safety Board shall— 


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1 ‘‘(1) designate and publicize the name and phone 

2 number of a director of family support services who 

3 shall be an employee of the Board and shall be re4 sponsible for acting as a point of contact within the 

5 Federal Government for the families of passengers in6 volved in the accident and a liaison between the rail 

7 passenger carrier and the families; and 

8 ‘‘(2) designate an independent nonprofit organi9 zation, with experience in disasters and posttrauma 

10 communication with families, which shall have pri11 mary responsibility for coordinating the emotional 

12 care and support of the families of passengers in13 volved in the accident. 

14 ‘‘(b) RESPONSIBILITIES OF THE BOARD.—The Board 

15 shall have primary Federal responsibility for— 

16 ‘‘(1) facilitating the recovery and identification 

17 of fatally injured passengers involved in an accident 

18 described in subsection (a); and 

19 ‘‘(2) communicating with the families of pas20 sengers involved in the accident as to the roles of— 

21 ‘‘(A) the organization designated for an ac22 cident under subsection (a)(2); 

23 ‘‘(B) Government agencies; and 

24 ‘‘(C) the rail passenger carrier involved, 


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1 with respect to the accident and the post-accident ac2 tivities. 

3 ‘‘(c) RESPONSIBILITIES OF DESIGNATED ORGANIZA4 TION.—The organization designated for an accident under 

5 subsection (a)(2) shall have the following responsibilities 

6 with respect to the families of passengers involved in the 

7 accident: 

8 ‘‘(1) To provide mental health and counseling 

9 services, in coordination with the disaster response 

10 team of the rail passenger carrier involved. 

11 ‘‘(2) To take such actions as may be necessary 

12 to provide an environment in which the families may 

13 grieve in private. 

14 ‘‘(3) To meet with the families who have traveled 

15 to the location of the accident, to contact the families 

16 unable to travel to such location, and to contact all 

17 affected families periodically thereafter until such 

18 time as the organization, in consultation with the di19 rector of family support services designated for the ac20 cident under subsection (a)(1), determines that fur21 ther assistance is no longer needed. 

22 ‘‘(4) To arrange a suitable memorial service, in 

23 consultation with the families. 

24 ‘‘(d) PASSENGER LISTS.— 

25 ‘‘(1) REQUESTS FOR PASSENGER LISTS.— 


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1 ‘‘(A) REQUESTS BY DIRECTOR OF FAMILY

2 SUPPORT SERVICES.—It shall be the responsi3 bility of the director of family support services 

4 designated for an accident under subsection 

5 (a)(1) to request, as soon as practicable, from the 

6 rail passenger carrier involved in the accident a 

7 list, which is based on the best available infor8 mation at the time of the request, of the names 

9 of the passengers that were aboard the rail pas10 senger carrier’s train involved in the accident. A 

11 rail passenger carrier shall use reasonable efforts, 

12 with respect to its unreserved trains, and pas13 sengers not holding reservations on its other 

14 trains, to ascertain the names of passengers 

15 aboard a train involved in an accident. 

16 ‘‘(B) REQUESTS BY DESIGNATED ORGANIZA17 TION.—The organization designated for an acci18 dent under subsection (a)(2) may request from 

19 the rail passenger carrier involved in the acci20 dent a list described in subparagraph (A). 

21 ‘‘(2) USE OF INFORMATION.—The director of 

22 family support services and the organization may not 

23 release to any person information on a list obtained 

24 under paragraph (1) but may provide information on 

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1 senger to the extent that the director of family support 

2 services or the organization considers appropriate. 

3 ‘‘(e) CONTINUING RESPONSIBILITIES OF THE

4 BOARD.—In the course of its investigation of an accident 

5 described in subsection (a), the Board shall, to the max6 imum extent practicable, ensure that the families of pas7 sengers involved in the accident— 

8 ‘‘(1) are briefed, prior to any public briefing, 

9 about the accident and any other findings from the 

10 investigation; and 

11 ‘‘(2) are individually informed of and allowed to 

12 attend any public hearings and meetings of the Board 

13 about the accident. 

14 ‘‘(f) USE OF RAIL PASSENGER CARRIER RE15 SOURCES.—To the extent practicable, the organization des16 ignated for an accident under subsection (a)(2) shall coordi17 nate its activities with the rail passenger carrier involved 

18 in the accident to facilitate the reasonable use of the re19 sources of the carrier. 

20 ‘‘(g) PROHIBITED ACTIONS.— 

21 ‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No per22 son (including a State or political subdivision) may 

23 impede the ability of the Board (including the direc24 tor of family support services designated for an acci25 dent under subsection (a)(1)), or an organization desVerDate Aug 31 2005 23:11 Sep 19, 2007 Jkt 059200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6203 E:\BILLS\H2095.RH H2095

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1 ignated for an accident under subsection (a)(2), to 

2 carry out its responsibilities under this section or the 

3 ability of the families of passengers involved in the 

4 accident to have contact with one another. 

5 ‘‘(2) UNSOLICITED COMMUNICATIONS.—No unso6 licited communication concerning a potential action 

7 for personal injury or wrongful death may be made 

8 by an attorney (including any associate, agent, em9 ployee, or other representative of an attorney) or any 

10 potential party to the litigation to an individual 

11 (other than an employee of the rail passenger carrier) 

12 injured in the accident, or to a relative of an indi13 vidual involved in the accident, before the 45th day 

14 following the date of the accident. 

15 ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT

16 MENTAL HEALTH AND COUNSELING SERVICES.—No 

17 State or political subdivision may prevent the em18 ployees, agents, or volunteers of an organization des19 ignated for an accident under subsection (a)(2) from 

20 providing mental health and counseling services 

21 under subsection (c)(1) in the 30-day period begin22 ning on the date of the accident. The director of fam23 ily support services designated for the accident under 

24 subsection (a)(1) may extend such period for not to 

25 exceed an additional 30 days if the director deterVerDate Aug 31 2005 23:11 Sep 19, 2007 Jkt 059200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 E:\BILLS\H2095.RH H2095

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1 mines that the extension is necessary to meet the 

2 needs of the families and if State and local authori3 ties are notified of the determination. 

4 ‘‘(h) DEFINITIONS.—In this section, the following defi5 nitions apply: 

6 ‘‘(1) RAIL PASSENGER ACCIDENT.—The term 

7 ‘rail passenger accident’ means any rail passenger 

8 disaster occurring in the provision of— 

9 ‘‘(A) interstate intercity rail passenger 

10 transportation (as such term is defined in sec11 tion 24102); or 

12 ‘‘(B) interstate or intrastate high-speed rail 

13 (as such term is defined in section 26105) trans14 portation, 

15 regardless of its cause or suspected cause. 

16 ‘‘(2) RAIL PASSENGER CARRIER.—The term ‘rail 

17 passenger carrier’ means a rail carrier providing— 

18 ‘‘(A) interstate intercity rail passenger 

19 transportation (as such term is defined in sec20 tion 24102); or 

21 ‘‘(B) interstate or intrastate high-speed rail 

22 (as such term is defined in section 26105) trans23 portation, 

24 except that such term shall not include a tourist, his25 toric, scenic, or excursion rail carrier. 


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1 ‘‘(3) PASSENGER.—The term ‘passenger’ in2 cludes— 

3 ‘‘(A) an employee of a rail passenger car4 rier aboard a train; 

5 ‘‘(B) any other person aboard the train 

6 without regard to whether the person paid for the 

7 transportation, occupied a seat, or held a res8 ervation for the rail transportation; and 

9 ‘‘(C) any other person injured or killed in 

10 the accident. 

11 ‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.— 

12 Nothing in this section may be construed as limiting the 

13 actions that a rail passenger carrier may take, or the obli14 gations that a rail passenger carrier may have, in pro15 viding assistance to the families of passengers involved in 

16 a rail passenger accident. 

17 ‘‘(j) RELINQUISHMENT OF INVESTIGATIVE PRI18 ORITY.— 

19 ‘‘(1) GENERAL RULE.—This section (other than 

20 subsection (g)) shall not apply to a railroad accident 

21 if the Board has relinquished investigative priority 

22 under section 1131(a)(2)(B) and the Federal agency 

23 to which the Board relinquished investigative priority 

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1 tims and families of the passengers involved in the 

2 accident. 

3 ‘‘(2) BOARD ASSISTANCE.—If this section does 

4 not apply to a railroad accident because the Board 

5 has relinquished investigative priority with respect to 

6 the accident, the Board shall assist, to the maximum 

7 extent possible, the agency to which the Board has re8 linquished investigative priority in assisting families 

9 with respect to the accident.’’. 

10 (b) CONFORMING AMENDMENT.—The table of sections 

11 for such chapter is amended by inserting after the item re12 lating to section 1138 the following: 

‘‘1139. Assistance to families of passengers involved in rail passenger accidents.’’. 

13 SEC. 703. RAIL PASSENGER CARRIER PLANS TO ADDRESS 

14 NEEDS OF FAMILIES OF PASSENGERS IN15 VOLVED IN RAIL PASSENGER ACCIDENTS. 

16 (a) IN GENERAL.—Part C of subtitle V of title 49, 

17 United States Code, is amended by adding at the end the 

18 following new chapter: 

19 ‘‘CHAPTER 251—FAMILY ASSISTANCE 

‘‘Sec. 

‘‘25101. Plans to address needs of families of passengers involved in rail passenger 

accidents. 


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1 ‘‘§ 25101. Plans to address needs of families of pas2 sengers involved in rail passenger acci3 dents 

4 ‘‘(a) SUBMISSION OF PLANS.—Not later than 6 months 

5 after the date of the enactment of this section, each rail pas6 senger carrier shall submit to the Secretary of Transpor7 tation and the Chairman of the National Transportation 

8 Safety Board a plan for addressing the needs of the families 

9 of passengers involved in any rail passenger accident in10 volving a train of the rail passenger carrier and resulting 

11 in a major loss of life. 

12 ‘‘(b) CONTENTS OF PLANS.—A plan to be submitted 

13 by a rail passenger carrier under subsection (a) shall in14 clude, at a minimum, the following: 

15 ‘‘(1) A plan for publicizing a reliable, toll-free 

16 telephone number, and for providing staff, to handle 

17 calls from the families of the passengers. 

18 ‘‘(2) A process for notifying the families of the 

19 passengers, before providing any public notice of the 

20 names of the passengers, either by utilizing the serv21 ices of the organization designated for the accident 

22 under section 1139(a)(2) of this title or the services 

23 of other suitably trained individuals. 

24 ‘‘(3) An assurance that the notice described in 

25 paragraph (2) will be provided to the family of a pas26 senger as soon as the rail passenger carrier has 


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1 verified that the passenger was aboard the train 

2 (whether or not the names of all of the passengers 

3 have been verified) and, to the extent practicable, in 

4 person. 

5 ‘‘(4) An assurance that the rail passenger carrier 

6 will provide to the director of family support services 

7 designated for the accident under section 1139(a)(1) 

8 of this title, and to the organization designated for the 

9 accident under section 1139(a)(2) of this title, imme10 diately upon request, a list (which is based on the best 

11 available information at the time of the request) of 

12 the names of the passengers aboard the train (whether 

13 or not such names have been verified), and will peri14 odically update the list. The plan shall include a pro15 cedure, with respect to unreserved trains and pas16 sengers not holding reservations on other trains, for 

17 the rail passenger carrier to use reasonable efforts to 

18 ascertain the names of passengers aboard a train in19 volved in an accident. 

20 ‘‘(5) An assurance that the family of each pas21 senger will be consulted about the disposition of all 

22 remains and personal effects of the passenger within 

23 the control of the rail passenger carrier. 

24 ‘‘(6) An assurance that if requested by the family 

25 of a passenger, any possession of the passenger within 


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1 the control of the rail passenger carrier (regardless of 

2 its condition) will be returned to the family unless the 

3 possession is needed for the accident investigation or 

4 any criminal investigation. 

5 ‘‘(7) An assurance that any unclaimed posses6 sion of a passenger within the control of the rail pas7 senger carrier will be retained by the rail passenger 

8 carrier for at least 18 months. 

9 ‘‘(8) An assurance that the family of each pas10 senger or other person killed in the accident will be 

11 consulted about construction by the rail passenger 

12 carrier of any monument to the passengers, including 

13 any inscription on the monument. 

14 ‘‘(9) An assurance that the treatment of the fam15 ilies of nonrevenue passengers will be the same as the 

16 treatment of the families of revenue passengers. 

17 ‘‘(10) An assurance that the rail passenger car18 rier will work with any organization designated 

19 under section 1139(a)(2) of this title on an ongoing 

20 basis to ensure that families of passengers receive an 

21 appropriate level of services and assistance following 

22 each accident. 

23 ‘‘(11) An assurance that the rail passenger car24 rier will provide reasonable compensation to any orVerDate Aug 31 2005 23:11 Sep 19, 2007 Jkt 059200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6203 E:\BILLS\H2095.RH H2095

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1 ganization designated under section 1139(a)(2) of this 

2 title for services provided by the organization. 

3 ‘‘(12) An assurance that the rail passenger car4 rier will assist the family of a passenger in traveling 

5 to the location of the accident and provide for the 

6 physical care of the family while the family is staying 

7 at such location. 

8 ‘‘(13) An assurance that the rail passenger car9 rier will commit sufficient resources to carry out the 

10 plan. 

11 ‘‘(14) An assurance that the rail passenger car12 rier will provide adequate training to the employees 

13 and agents of the carrier to meet the needs of sur14 vivors and family members following an accident. 

15 ‘‘(15) An assurance that, upon request of the 

16 family of a passenger, the rail passenger carrier will 

17 inform the family of whether the passenger’s name 

18 appeared on any preliminary passenger manifest for 

19 the train involved in the accident. 

20 ‘‘(c) LIMITATION ON LIABILITY.—A rail passenger car21 rier shall not be liable for damages in any action brought 

22 in a Federal or State court arising out of the performance 

23 of the rail passenger carrier in preparing or providing a 

24 passenger list, or in providing information concerning a 

25 train reservation, pursuant to a plan submitted by the rail 


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1 passenger carrier under subsection (b), unless such liability 

2 was caused by conduct of the rail passenger carrier which 

3 was grossly negligent or which constituted intentional mis4 conduct. 

5 ‘‘(d) DEFINITIONS.—In this section— 

6 ‘‘(1) the terms ‘rail passenger accident’ and ‘rail 

7 passenger carrier’ have the meanings such terms have 

8 in section 1139 of this title; and 

9 ‘‘(2) the term ‘passenger’ means a person aboard 

10 a rail passenger carrier’s train that is involved in a 

11 rail passenger accident. 

12 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.— 

13 Nothing in this section may be construed as limiting the 

14 actions that a rail passenger carrier may take, or the obli15 gations that a rail passenger carrier may have, in pro16 viding assistance to the families of passengers involved in 

17 a rail passenger accident.’’. 

18 (b) CONFORMING AMENDMENT.—The table of chapters 

19 for subtitle V of title 49, United States Code, is amended 

20 by adding after the item relating to chapter 249 the fol21 lowing new item: 

‘‘251. FAMILY ASSISTANCE ....................................................................... 25101’’. 

22 SEC. 704. ESTABLISHMENT OF TASK FORCE. 

23 (a) ESTABLISHMENT.—The Secretary of Transpor24 tation, in cooperation with the National Transportation 

25 Safety Board, organizations potentially designated under 


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1 section 1139(a)(2) of title 49, United States Code, rail pas2 senger carriers, and families which have been involved in 

3 rail accidents, shall establish a task force consisting of rep4 resentatives of such entities and families, representatives of 

5 passenger rail carrier employees, and representatives of 

6 such other entities as the Secretary considers appropriate. 

7 (b) MODEL PLAN AND RECOMMENDATIONS.—The task 

8 force established pursuant to subsection (a) shall develop— 

9 (1) a model plan to assist passenger rail carriers 

10 in responding to passenger rail accidents; 

11 (2) recommendations on methods to improve the 

12 timeliness of the notification provided by passenger 

13 rail carriers to the families of passengers involved in 

14 a passenger rail accident; 

15 (3) recommendations on methods to ensure that 

16 the families of passengers involved in a passenger rail 

17 accident who are not citizens of the United States re18 ceive appropriate assistance; and 

19 (4) recommendations on methods to ensure that 

20 emergency services personnel have as immediate and 

21 accurate a count of the number of passengers onboard 

22 the train as possible. 

23 (c) REPORT.—Not later than 1 year after the date of 

24 the enactment of this Act, the Secretary shall transmit to 

25 Congress a report containing the model plan and recVerDate Aug 31 2005 23:11 Sep 19, 2007 Jkt 059200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\H2095.RH H2095

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1 ommendations developed by the task force under subsection 

2 (b). 


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Union Calendar No. 208 

110TH CONGRESS 

1ST SESSION H. R. 2095 

[Report No. 110

–336] 

A BILL 

To amend title 49, United States Code, to prevent 

Safety Administration, and for other purposes. rials releases, to authorize the Federal Railroad railroad fatalities, injuries, and hazardous mateSEPTEMBER 19, 2007 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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