In the Senate of the United States,

August 1, 2008.

Resolved, That the bill from the House of Representatives (H.R. 2095) entitled ‘‘An Act to amend title 49, United

States Code, to prevent railroad fatalities, injuries, and hazardous materials releases, to authorize the Federal Railroad

Safety Administration, and for other purposes.’’, do pass with

the following

AMENDMENT:

Strike out all after the enacting clause and insert

the following:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMEND2 MENT OF TITLE 49.

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

4 ‘‘Railroad Safety Enhancement Act of 2008’’.

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

6 this Act is as follows:

Sec. 1. Short title; table of contents; amendment of title 49.

Sec. 2. Definitions.

Sec. 3. Authorization of appropriations.

TITLE I—RAILROAD SAFETY RISK REDUCTION AND STRATEGY
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Sec. 101. Establishment of chief safety officer.

Sec. 102. Railroad safety strategy.

Sec. 103. Railroad safety risk reduction pilot program.

Sec. 104. Railroad safety risk reduction program.

Sec. 105. Positive train control system implementation.

Sec. 106. Hours-of-service reform.

Sec. 107. Protection of railroad safety risk analyses information.

TITLE II—HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND

TRESPASSER PREVENTION

Sec. 201. Pedestrian crossing safety.

Sec. 202. State action plans.

Sec. 203. Improvements to sight distance at highway-rail grade crossings.

Sec. 204. National crossing inventory.

Sec. 205. Telephone number to report grade crossing problems.

Sec. 206. Operation Lifesaver.

Sec. 207. Federal grants to States for highway-rail grade crossing safety.

Sec. 208. Trespasser prevention and highway-rail crossing safety.

Sec. 209. Fostering introduction of new technology to improve safety at highway-rail grade crossings.

TITLE III—FEDERAL RAILROAD ADMINISTRATION

Sec. 301. Human capital increases.

Sec. 302. Civil penalty increases.

Sec. 303. Enforcement report.

Sec. 304. Prohibition of individuals from performing safety-sensitive functions

for a violation of hazardous materials transportation law.

Sec. 305. Railroad radio monitoring authority.

Sec. 306. Emergency waivers.

Sec. 307. Federal rail security officers’ access to information.

Sec. 308. Update of Federal Railroad Administration’s website.

TITLE IV—RAILROAD SAFETY ENHANCEMENTS

Sec. 401. Employee training.

Sec. 402. Certification of certain crafts or classes of employees.

Sec. 403. Track inspection time study.

Sec. 404. Study of methods to improve or correct station platform gaps.

Sec. 405. Locomotive cab studies.

Sec. 406. Railroad safety technology grants.

Sec. 407. Railroad safety infrastructure improvement grants.

Sec. 408. Amendment to the movement-for-repair provision.

Sec. 409. Development and use of rail safety technology.

Sec. 410. Employee sleeping quarters.

Sec. 411. Employee protections.

Sec. 412. Unified treatment of families of railroad carriers.

Sec. 413. Study of repeal of Conrail provision.

Sec. 414. Limitations on non-federal alcohol and drug testing by railroad carriers.

Sec. 415. Critical incident stress plan.

Sec. 416. Railroad carrier employee exposure to radiation study.

Sec. 417. Alcohol and controlled substance testing for maintenance-of-way employees.

TITLE V—RAIL PASSENGER DISASTER FAMILY ASSISTANCE
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Sec. 501. Assistance by National Transportation Safety Board to families of

passengers involved in rail passenger accidents.

Sec. 502. Rail passenger carrier plan to assist families of passengers involved

in rail passenger accidents.

Sec. 503. Establishment of task force.

TITLE VI—CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE

FACILITIES

Sec. 601. Short title.

Sec. 602. Clarification of general jurisdiction over solid waste transfer facilities.

Sec. 603. Regulation of solid waste rail transfer facilities.

Sec. 604. Solid waste rail transfer facility land-use exemption authority.

Sec. 605. Effect on other statutes and authorities.

TITLE VII—TECHNICAL CORRECTIONS

Sec. 701. Technical corrections.

1 (c) AMENDMENT OF TITLE 49.—Except as otherwise

2 expressly provided, whenever in this Act an amendment or

3 repeal is expressed in terms of an amendment to, or a repeal

4 of, a section or other provision, the reference shall be consid5 ered to be made to a section or other provision of title 49,

6 United States Code.

7 SEC. 2. DEFINITIONS.

8 (a) IN GENERAL.—In this Act:

9 (1) CROSSING.—The term ‘‘crossing’’ means a lo10 cation within a State, other than a location where

11 one or more railroad tracks cross one or more rail12 road tracks at grade where—

13 (A) a public highway, road, or street, or a

14 private roadway, including associated sidewalks

15 and pathways, crosses one or more railroad

16 tracks either at grade or grade-separated; or
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1 (B) a pathway explicitly authorized by a

2 public authority or a railroad that is dedicated

3 for the use of nonvehicular traffic, including pe4 destrians, bicyclists, and others, that is not asso5 ciated with a public highway, road, or street, or

6 a private roadway, crosses one or more railroad

7 tracks either at grade or grade-separated.

8 (2) DEPARTMENT.—The term ‘‘Department’’

9 means the Department of Transportation.

10 (3) RAILROAD.—The term ‘‘railroad’’ has the

11 meaning given that term by section 20102 of title 49,

12 United States Code.

13 (4) RAILROAD CARRIER.—The term ‘‘railroad

14 carrier’’ has the meaning given that term by section

15 20102 of title 49, United States Code.

16 (5) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of Transportation.

18 (6) STATE.—The term ‘‘State’’ means a State of

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

20 Commonwealth of Puerto Rico.

21 (b) IN TITLE 49.—Section 20102 is amended—

22 (1) by redesignating paragraphs (1) and (2) as

23 paragraphs (2) and (3), respectively;

24 (2) by inserting before paragraph (2), as redesig25 nated, the following:
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1 ‘‘(1) ‘Class I railroad’ means a railroad carrier

2 that has annual carrier operating revenues that meet

3 the threshold amount for Class I carriers, as deter4 mined by the Surface Transportation Board under

5 section 1201.1-1 of title 49, Code of Federal Regula6 tions.’’; and

7 (3) by adding at the end thereof the following:

8 ‘‘(4) ‘safety-related railroad employee’ means—

9 ‘‘(A) a railroad employee who is subject to

10 chapter 211;

11 ‘‘(B) another operating railroad employee

12 who is not subject to chapter 211;

13 ‘‘(C) an employee who maintains the right

14 of way of a railroad carrier;

15 ‘‘(D) an employee of a railroad carrier who

16 is a hazmat employee as defined in section

17 5102(3) of this title;

18 ‘‘(E) an employee who inspects, repairs, or

19 maintains locomotives, passenger cars or freight

20 cars; and

21 ‘‘(F) any other employee of a railroad car22 rier who directly affects railroad safety, as deter23 mined by the Secretary.’’.

24 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

25 Section 20117(a) is amended to read as follows:
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1 ‘‘(a) IN GENERAL.—

2 ‘‘(1) There are authorized to be appropriated to

3 the Secretary of Transportation to carry out this part

4 and to carry out responsibilities under chapter 51 as

5 delegated or authorized by the Secretary—

6 ‘‘(A) $186,000,000 for fiscal year 2008;

7 ‘‘(B) $221,000,000 for fiscal year 2009;

8 ‘‘(C) $231,000,000 for fiscal year 2010;

9 ‘‘(D) $237,000,000 for fiscal year 2011;

10 ‘‘(E) $244,000,000 for fiscal year 2012; and

11 ‘‘(F) $251,000,000 for fiscal year 2013.

12 ‘‘(2) With amounts appropriated pursuant to

13 paragraph (1), the Secretary may designate the fol14 lowing amounts for research and development:

15 ‘‘(A) $36,000,000.

16 ‘‘(B) $34,000,000.

17 ‘‘(C) $36,000,000.

18 ‘‘(D) $37,000,000.

19 ‘‘(E) $38,000,000.

20 ‘‘(F) $39,000,000.

21 ‘‘(3) With amounts appropriated pursuant to

22 paragraph (1), the Secretary shall purchase Gage Re23 straint Measurement System vehicles and track geom24 etry vehicles or other comparable technology as needed

25 to assess track safety, consistent with the results of the
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1 track inspection study required by section 403 of the

2 Railroad Safety Enhancement Act of 2008.

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

4 amount appropriated pursuant to paragraph (1) for

5 each of the fiscal years 2008 through 2013 shall be

6 made available to the Secretary for personnel in re7 gional offices and in Washington, D.C., whose duties

8 primarily involve rail security.’’.

9 TITLE I—RAILROAD SAFETY RISK

10 REDUCTION AND STRATEGY

11 SEC. 101. ESTABLISHMENT OF CHIEF SAFETY OFFICER.

12 Section 103 is amended—

13 (1) by redesignating subsections (c), (d), and (e)

14 as subsections (e), (f), and (g);

15 (2) by inserting after subsection (b) the fol16 lowing:

17 ‘‘(c) SAFETY AS HIGHEST PRIORITY.—In carrying out

18 its duties, the Administration shall consider safety as the

19 highest priority, recognizing the clear intent, encourage20 ment, and dedication of Congress to the furtherance of the

21 highest degree of safety in railroad transportation.

22 ‘‘(d) CHIEF SAFETY OFFICER.—The Administration

23 shall have an Associate Administrator for Railroad Safety

24 appointed in the career service by the Secretary. The Asso25 ciate Administrator shall be the Chief Safety Officer of the
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1 Administration. The Associate Administrator shall carry

2 out the duties and powers prescribed by the Administrator;

3 and

4 (3) by striking ‘‘(c)(1)’’ in subsection (f), as re5 designated, and inserting ‘‘(e)(1)’’.

6 SEC. 102. RAILROAD SAFETY STRATEGY.

7 (a) SAFETY GOALS.—In conjunction with existing fed8 erally-required and voluntary strategic planning efforts on9 going at the Department and the Federal Railroad Admin10 istration on the date of enactment of this Act, the Secretary

11 shall develop a long-term strategy for improving railroad

12 safety to cover a period of not less than 5 years. The strat13 egy shall include an annual plan and schedule for achiev14 ing, at a minimum, the following goals:

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

16 injuries, and fatalities involving railroads including

17 train collisions, derailments, and human factors.

18 (2) Improving the consistency and effectiveness of

19 enforcement and compliance programs.

20 (3) Improving the identification of high-risk

21 highway-rail grade crossings and strengthening en22 forcement and other methods to increase grade cross23 ing safety.

24 (4) Improving research efforts to enhance and

25 promote railroad safety and performance.
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1 (5) Preventing railroad trespasser accidents, in2 juries, and fatalities.

3 (6) Improving the safety of railroad bridges, tun4 nels, and related infrastructure to prevent accidents,

5 injuries, and fatalities caused by catastrophic failures

6 and other bridge and tunnel failures.

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

8 plan shall include estimates of the funds and staff resources

9 needed to accomplish the goals established by subsection (a).

10 Such estimates shall also include the staff skills and train11 ing required for timely and effective accomplishment of each

12 such goal.

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

14 The Secretary shall submit the strategy and annual plan

15 to the Senate Committee on Commerce, Science, and Trans16 portation and the House of Representatives Committee on

17 Transportation and Infrastructure at the same time as the

18 President’s budget submission.

19 (d) ACHIEVEMENT OF GOALS.—

20 (1) PROGRESS ASSESSMENT.—No less frequently

21 than annually, the Secretary shall assess the progress

22 of the Department toward achieving the strategic

23 goals described in subsection (a). The Secretary shall

24 identify any deficiencies in achieving the goals within
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1 the strategy and develop and institute measures to re2 mediate such deficiencies.

3 (2) REPORT TO CONGRESS.—Not later than No4 vember 1st of each year, the Secretary shall transmit

5 a report to the Senate Committee on Commerce,

6 Science, and Transportation and the House of Rep7 resentatives Committee on Transportation and Infra8 structure on the performance of the Federal Railroad

9 Administration containing the progress assessment re10 quired by paragraph (1) toward achieving the goals

11 of the railroad safety strategy and annual plans

12 under subsection (a).

13 SEC. 103. RAILROAD SAFETY RISK REDUCTION PILOT PRO14 GRAM.

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

16 amended by adding at the end thereof the following:

17 ‘‘§ 20156. Railroad safety risk reduction pilot program

18 ‘‘(a) PILOT PROGRAM.—

19 ‘‘(1) IN GENERAL.—In conjunction with ongoing

20 behavior-based safety research at the Department of

21 Transportation, the Secretary shall develop a 4-year

22 railroad safety risk reduction pilot program to sys23 tematically evaluate and manage railroad safety risks

24 with the goal of reducing the numbers and rates of

25 railroad accidents, injuries, and fatalities. Not later
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1 than 1 year after the date of enactment of the Rail2 road Safety Enhancement Act of 2008, the Secretary

3 shall, in coordination with selected railroads, railroad

4 facilities, nonprofit employee labor organizations that

5 represent safety-related railroad employees employed

6 at such railroad or railroad facility, and any other

7 entities that the Secretary determines to be relevant,

8 at a minimum—

9 ‘‘(A) identify the aspects of a selected rail10 road or railroad facility, including operating

11 practices, infrastructure, equipment, employee

12 levels and schedules, safety culture, management

13 structure, employee training, and other matters,

14 including those not covered by railroad safety

15 regulations or other Federal regulations, that im16 pact railroad safety;

17 ‘‘(B) evaluate how these aspects of a selected

18 railroad or railroad facility increase or decrease

19 risks to railroad safety;

20 ‘‘(C) develop a safety risk reduction pro21 gram to improve the safety of a selected railroad

22 or railroad facility by reducing the numbers and

23 rates of accidents, injuries, and fatalities

24 through—
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1 ‘‘(i) the mitigation of the aspects of a

2 selected railroad or railroad facility that in3 crease risks to railroad safety; and

4 ‘‘(ii) the enhancement of aspects of a

5 selected railroad or railroad facility that de6 crease risks to railroad safety; and

7 ‘‘(D) incorporate into the program the con8 sideration and use of existing, new, or novel

9 technology, operating practices, risk management

10 practices or other behavior-based practices that

11 could improve railroad safety at the selected rail12 road or railroad facility.

13 ‘‘(2) IMPLEMENTATION DEADLINE.—Not later

14 than 2 years after the date of enactment of the Rail15 road Safety Enhancement Act of 2008, the selected

16 railroad or railroad facility shall implement the safe17 ty risk reduction program developed under paragraph

18 (1)(C) on the selected railroad or railroad facility and

19 ensure that all employees at the selected railroad or

20 railroad facility have received training related to the

21 program.

22 ‘‘(b) SELECTION OF RAILROAD OR RAILROAD FACILITY

23 FOR PILOT PROGRAM.—Not later than 6 months after the

24 date of enactment of the Railroad Safety Enhancement Act

25 of 2008, the Secretary shall develop a voluntary application
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1 process to select 1 or more railroad carriers or railroad fa2 cilities where the pilot project will be implemented. The ap3 plication process shall include criteria for rating appli4 cants, such as safety performance, accident and incident

5 history, existence of risk management or behavior-based

6 practices at the railroad or railroad facility, number of em7 ployees employed at the railroad or railroad facility, and

8 other relevant criteria determined by the Secretary. If more

9 than 1 railroad or railroad facility is selected, the Secretary

10 shall select railroads and railroad facilities that are rep11 resentative of the railroad industry as a whole, if possible.

12 ‘‘(c) EVALUATION.—Not later than 6 months after the

13 completion of the safety risk reduction program pilot pro14 gram, the Secretary shall submit a report to Congress evalu15 ating the pilot program, which shall include—

16 ‘‘(1) a summary of the railroad safety risk re17 duction pilot program and description of the actions

18 taken by the Secretary and selected railroad or rail19 road facilities during the program;

20 ‘‘(2) an analysis of the difference in the number

21 and rates of accidents, injuries, and fatalities at a se22 lected railroad or railroad facility before and after the

23 implementation of the risk reduction pilot program at

24 a selected railroad or railroad facility; and
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1 ‘‘(3) guidelines on the preparation and imple2 mentation of railroad safety risk reduction program

3 for the railroad carriers required to develop such

4 plans under section 20157 that reflect the best prac5 tices developed during the pilot program.

6 ‘‘(d) GRANTS.—The Secretary shall establish a grant

7 program for implementation of the railroad safety risk re8 duction pilot program. Railroads and railroad facilities se9 lected by the Secretary shall be eligible for grants.

10 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated to the Secretary of Transpor12 tation $1,000,000 for fiscal years 2009 and 2010 to carry

13 out subsection (d).’’.

14 (b) CONFORMING AMENDMENT.—The chapter analysis

15 for chapter 201 is amended by inserting after the item relat16 ing to section 20155 the following:

‘‘20156. Railroad safety risk reduction pilot program’’.

17 SEC. 104. RAILROAD SAFETY RISK REDUCTION PROGRAM.

18 (a) IN GENERAL.—Subchapter II of chapter 201, as

19 amended by section 103, is amended by adding at end there20 of the following:

21 ‘‘§ 20157. Railroad safety risk reduction program

22 ‘‘(a) IN GENERAL.—

23 ‘‘(1) PROGRAM REQUIREMENT.—Not later than 5

24 years after the date of enactment, the Secretary, by

25 regulation, shall require each railroad carrier that is
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1 a Class I railroad, a railroad carrier that has inad2 equate safety performance (as determined by the Sec3 retary), or a railroad that provides intercity pas4 senger or commuter rail passenger transportation—

5 ‘‘(A) to develop a railroad safety risk reduc6 tion program under subsection (d) that system7 atically evaluates system-wide railroad safety

8 risks and manages those risks in order to reduce

9 the numbers and rates of railroad accidents, in10 juries, and fatalities;

11 ‘‘(B) to submit its program, including any

12 required plans, to the Federal Railroad Adminis13 tration for its review and approval; and

14 ‘‘(C) to implement the program and plans

15 approved by the Federal Railroad Administra16 tion.

17 ‘‘(2) RELIANCE ON PILOT PROGRAM.—The Sec18 retary shall use the information and experience gath19 ered through the pilot program under section 20156

20 in developing regulations under this section.

21 ‘‘(3) WAIVERS.—Under section 20103(d) of this

22 chapter the Secretary may grant a waiver to a rail23 road carrier from compliance with all or a part of the

24 requirements of this section if the Secretary deter-
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1 mines that the safety performance of the railroad car2 rier is sufficient to warrant the waiver.

3 ‘‘(4) VOLUNTARY COMPLIANCE.—A railroad car4 rier that is not required to submit a railroad safety

5 risk reduction program under this section may volun6 tarily submit a program that meets the requirements

7 of this section to the Federal Railroad Administra8 tion. The Federal Railroad Administration shall ap9 prove or disapprove any program submitted under

10 this paragraph.

11 ‘‘(b) CERTIFICATION.—The chief official responsible for

12 safety of each railroad carrier required to submit a railroad

13 safety risk reduction program under subsection (a) shall

14 certify that the contents of the program are accurate and

15 that the railroad will implement the contents of the pro16 gram as approved by the Federal Railroad Administration.

17 ‘‘(c) RISK ANALYSIS.—In developing its railroad safe18 ty risk reduction program each railroad required to submit

19 such a program under subsection (a) shall identify and

20 analyze the aspects of its railroad, including operating

21 practices, infrastructure, equipment, employee levels and

22 schedules, safety culture, management structure, employee

23 training, and other matters, including those not covered by

24 railroad safety regulations or other Federal regulations,

25 that impact railroad safety.
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1 ‘‘(d) PROGRAM ELEMENTS.—

2 ‘‘(1) IN GENERAL.—Each railroad required to

3 submit a railroad safety risk reduction program

4 under subsection (a) shall develop a comprehensive

5 safety risk reduction program to improve safety by re6 ducing the number and rates of accidents, injuries,

7 and fatalities that is based on the risk analysis re8 quired by subsection (c) through—

9 ‘‘(A) the mitigation of aspects that increase

10 risks to railroad safety; and

11 ‘‘(B) the enhancement of aspects that de12 crease risks to railroad safety.

13 ‘‘(2) REQUIRED COMPONENTS.—Each railroad’s

14 safety risk reduction program shall include a tech15 nology implementation plan that meets the require16 ments of subsection (e) and a fatigue management

17 plan that meets the requirements of subsection (f).

18 ‘‘(e) TECHNOLOGY IMPLEMENTATION PLAN.—

19 ‘‘(1) IN GENERAL.—As part of its railroad safety

20 risk reduction program, a railroad required to submit

21 a railroad safety risk reduction program under sub22 section (a) shall develop a 10-year technology imple23 mentation plan that describes the railroad’s plan for

24 development, adoption, implementation, and use of

25 current, new, or novel technologies on its system over
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1 a 10-year period to reduce safety risks identified

2 under the railroad safety risk reduction program.

3 ‘‘(2) TECHNOLOGY ANALYSIS.—A railroad’s tech4 nology implementation plan shall include an analysis

5 of the safety impact, feasibility, and cost and benefits

6 of implementing technologies, including processor7 based technologies, positive train control systems (as

8 defined in section 20158(b)), electronically controlled

9 pneumatic brakes, rail integrity inspection systems,

10 rail integrity warning systems, switch position indi11 cators, trespasser prevention technology, highway rail

12 grade crossing technology, and other new or novel

13 railroad safety technology, as appropriate, that may

14 mitigate risks to railroad safety identified in the risk

15 analysis required by subsection (c).

16 ‘‘(3) IMPLEMENTATION SCHEDULE.—A railroad’s

17 technology implementation plan shall contain a

18 prioritized implementation schedule for the develop19 ment, adoption, implementation, and use of current,

20 new, or novel technologies on its system to reduce

21 safety risks identified under the railroad safety risk

22 reduction program.

23 ‘‘(f) FATIGUE MANAGEMENT PLAN.—

24 ‘‘(1) IN GENERAL.—As part of its railroad safety

25 risk reduction program, a railroad required to submit
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1 a railroad safety risk reduction program under sub2 section (a) for which the analysis under subsection (c)

3 has shown fatigue to be a significant source of risk

4 shall develop a fatigue management plan that is de5 signed to reduce the fatigue experienced by safety-re6 lated railroad employees and to reduce the likelihood

7 of accidents, injuries, and fatalities caused by fatigue.

8 ‘‘(2) TARGETED FATIGUE COUNTERMEASURES.—

9 A railroad’s fatigue management plan shall take into

10 account the varying circumstances of operations by

11 the railroad on different parts of its system, and shall

12 prescribe appropriate fatigue countermeasures to ad13 dress those varying circumstances.

14 ‘‘(3) ADDITIONAL ELEMENTS.—A railroad shall

15 consider the need to include in its fatigue manage16 ment plan elements addressing each of the following

17 items, as applicable:

18 ‘‘(A) Employee education and training on

19 the physiological and human factors that affect

20 fatigue, as well as strategies to reduce or miti21 gate the effects of fatigue, based on the most cur22 rent scientific and medical research and lit23 erature.

24 ‘‘(B) Opportunities for identification, diag25 nosis, and treatment of any medical condition
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1 that may affect alertness or fatigue, including

2 sleep disorders.

3 ‘‘(C) Effects on employee fatigue of an em4 ployee’s short-term or sustained response to

5 emergency situations, such as derailments and

6 natural disasters, or engagement in other inten7 sive working conditions.

8 ‘‘(D) Scheduling practices for employees, in9 cluding innovative scheduling practices for em10 ployees, including scheduling procedures, on-duty

11 call practices, work and rest cycles, increases in

12 consecutive days off for employees, changes in

13 shift patterns, appropriate scheduling practices

14 for varying types of work, and other aspects of

15 employee scheduling that would reduce employee

16 fatigue and cumulative sleep loss.

17 ‘‘(E) Methods to minimize accidents and

18 incidences that occur as a result of working at

19 times when scientific and medical research have

20 shown increased fatigue disrupts employees’ cir21 cadian rhythm.

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

23 napping, to address acute sleepiness and fatigue

24 while an employee is on duty.
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1 ‘‘(G) Opportunities to obtain restful sleep at

2 lodging facilities, including employee sleeping

3 quarters provided by the railroad carrier.

4 ‘‘(H) The increase of the number of consecu5 tive hours of off-duty rest, during which an em6 ployee receives no communication from the em7 ploying railroad carrier or its managers, super8 visors, officers, or agents.

9 ‘‘(I) Avoidance of abrupt changes in rest cy10 cles for employees.

11 ‘‘(J) Additional elements that the Secretary

12 considers appropriate.

13 ‘‘(g) CONSENSUS.—

14 ‘‘(1) IN GENERAL.—Each railroad required to

15 submit a railroad safety risk reduction program

16 under subsection (a) shall consult with, employ good

17 faith and use its best efforts to reach agreement with,

18 all of its directly affected employees, including any

19 non-profit labor organization representing a class or

20 craft of directly affected employees of the railroad car21 rier, on the contents of the safety risk reduction pro22 gram.

23 ‘‘(2) STATEMENT.—If the railroad carrier and

24 its directly affected employees, including any non25 profit employee labor organization representing a
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1 class or craft of directly affected employees of the rail2 road carrier, cannot reach consensus on the proposed

3 contents of the plan, then directly affected employees

4 and such organization may file a statement with the

5 Secretary explaining their views on the plan on

6 which consensus was not reached. The Secretary shall

7 consider such views during review and approval of

8 the program.

9 ‘‘(h) ENFORCEMENT.—The Secretary shall have the

10 authority to assess civil penalties pursuant to chapter 213

11 for a violation of this section, including the failure to sub12 mit, certify, or comply with a safety risk reduction pro13 gram, technology implementation plan, or fatigue manage14 ment plan.’’.

15 (b) CONFORMING AMENDMENT.—The chapter analysis

16 for chapter 201, as amended by section 103, is further

17 amended by inserting after the item relating to section

18 20156 the following:

‘‘20157. Railroad safety risk reduction program’’.

19 SEC. 105. POSITIVE TRAIN CONTROL SYSTEM IMPLEMENTA20 TION.

21 (a) IN GENERAL.—Subchapter II of chapter 201, as

22 amended by section 104, is further amended by adding at

23 end thereof the following:
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1 ‘‘§ 20158. Positive train control system implementation

2 ‘‘(a) IN GENERAL.—The Secretary of Transportation

3 shall ensure that each railroad required to submit a rail4 road safety risk reduction program pursuant to section

5 20157 that includes in its technology implementation plan

6 a schedule for implementation of a positive train control

7 system complies with that schedule and implements its posi8 tive train control system by December 31, 2018, unless the

9 Secretary determines that a railroad shall implement its

10 positive train control system by an earlier date.

11 ‘‘(b) POSITIVE TRAIN CONTROL SYSTEM DEFINED.—

12 The term ‘positive train control system’ means a system de13 signed to prevent train-to-train collisions, overspeed

14 derailments, and incursions into roadway worker work lim15 its.’’.

16 (b) CONFORMING AMENDMENT.—The chapter analysis

17 for chapter 201, as amended by section 104, is further

18 amended by inserting after the item relating to section

19 20157 the following:

‘‘20158. Positive train control system implementation’’.

20 SEC. 106. HOURS-OF-SERVICE REFORM.

21 (a) CHANGE IN DEFINITION OF SIGNAL EMPLOYEE.—

22 Section 21101(4) is amended—

23 (1) by striking ‘‘employed by a railroad carrier’’;

24 and

25 (2) by inserting ‘‘railroad’’ after ‘‘maintaining’’.
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1 (b) LIMITATION ON DUTY HOURS OF TRAIN EMPLOY2 EES.—Section 21103 is amended—

3 (1) by striking subsection (a) and inserting the

4 following:

5 ‘‘(a) IN GENERAL.—Except as provided in subsection

6 (d) of this section, a railroad carrier and its officers and

7 agents may not require or allow a train employee to—

8 ‘‘(1) remain or go on duty in any calendar

9 month where the employee had spent a total of 276

10 hours—

11 ‘‘(A) on duty;

12 ‘‘(B) waiting for transportation, or in

13 deadhead transportation, to a place of final re14 lease; or

15 ‘‘(C) in any other mandatory service for the

16 carrier;

17 ‘‘(2) remain or go on duty for a period in excess

18 of 12 consecutive hours;

19 ‘‘(3) remain or go on duty unless that employee

20 has had at least 10 consecutive hours off duty during

21 the prior 24 hours; or

22 ‘‘(4) remain or go on duty after that employee

23 has initiated an on-duty period each day for—

24 ‘‘(A) 6 consecutive days, unless that em25 ployee has had at least 48 consecutive hours off
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1 duty at the employee’s home terminal during

2 which time the employee is unavailable for any

3 service for any railroad carrier; or

4 ‘‘(B) 7 consecutive days, unless that em5 ployee has had at least 72 consecutive hours off

6 duty at the employee’s home terminal during

7 which time the employee is unavailable for any

8 service for any railroad carrier, if—

9 ‘‘(i) a collective bargaining agreement

10 expressly provides for such a schedule;

11 ‘‘(ii) such a schedule is provided for by

12 a pilot program authorized by a collective

13 bargaining agreement; or

14 ‘‘(iii) such a schedule is provided for

15 by a pilot program under section 21108 of

16 this chapter related to employees’ work and

17 rest cycles.

18 The Secretary may waive paragraph (4), consistent with

19 the procedural requirements of section 20103, if a collective

20 bargaining agreement provides a different arrangement and

21 such an arrangement is in the public interest and consistent

22 with railroad safety.’’;

23 (2) by redesignating subsection (c) as subsection

24 (d) and inserting after subsection (b) the following:
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1 ‘‘(c) LIMBO TIME LIMITATION AND ADDITIONAL REST

2 REQUIREMENT.—

3 ‘‘(1) A railroad carrier may not require or allow

4 an employee to remain or go on duty in excess of 15

5 hours of time on duty and time waiting for deadhead

6 transportation on a train, not including interim rest

7 periods unless the train carrying the employee is di8 rectly delayed by—

9 ‘‘(A) a casualty;

10 ‘‘(B) an accident;

11 ‘‘(C) an act of God;

12 ‘‘(D) a derailment;

13 ‘‘(E) a major equipment failure that pre14 vents the train from advancing; or

15 ‘‘(F) a delay resulting from a cause un16 known and unforeseeable to a railroad carrier or

17 its officer or agent in charge of the employee

18 when the employee left a terminal.

19 ‘‘(2) Each railroad carrier shall report to the

20 Secretary, in accordance with procedures established

21 by the Secretary, each instance where an employee

22 subject to this section spends time waiting for

23 deadhead transportation on a train in excess of the

24 requirements of paragraph (1).
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1 ‘‘(3) A railroad carrier and its officers and

2 agents shall provide, at the election of employees sub3 ject to this section at the beginning of the employee’s

4 off-duty period additional time off duty equal to the

5 number of hours that such sum exceeds 12 hours if—

6 ‘‘(A) the time spent waiting for transpor7 tation, or in deadhead transportation, from a

8 duty assignment to the place of final release that

9 is not time on duty, plus

10 ‘‘(B) the time on duty,

11 exceeds 12 consecutive hours.’’; and

12 (3) by adding at the end thereof the following:

13 ‘‘(e) COMMUNICATION DURING TIME OFF DUTY.—

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

15 consecutive hours, as provided under subsection (a), during

16 an interim period of at least 4 consecutive hours available

17 for rest under subsection (b)(7), or during additional off

18 duty hours elected to be taken by an employee under sub19 section (c)(3), a railroad carrier, and its officers and

20 agents, shall not communicate with the train employee by

21 telephone, by pager, or in any other manner that could rea22 sonably be expected to disrupt the employee’s rest. Nothing

23 in this subsection shall prohibit communication necessary

24 to notify an employee of an emergency situation, as defined

25 by the Secretary. The Secretary may waive the require-
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1 ments of this paragraph for commuter or intercity pas2 senger railroads if the Secretary determines that such a

3 waiver will not reduce safety and is necessary to maintain

4 such railroads’ efficient operations and on-time perform5 ance of its trains.’’.

6 (c) LIMITATION ON DUTY HOURS OF SIGNAL EMPLOY7 EES.—Section 21104 is amended—

8 (1) by striking subsection (a) and inserting the

9 following:

10 ‘‘(a) IN GENERAL.—Except as provided in subsection

11 (c) of this section, a railroad carrier and its officers and

12 agents may not require or allow its signal employee to re13 main or go on duty and a contractor or subcontractor to

14 a railroad carrier and its officers and agents may not re15 quire or allow one of its signal employees to remain or go

16 on duty —

17 ‘‘(1) for a period in excess of 12 consecutive

18 hours; or

19 ‘‘(2) unless that employee has had at least 10

20 consecutive hours off duty during the prior 24

21 hours.’’;

22 (2) by striking ‘‘duty, except that up to one hour

23 of that time spent returning from the final trouble

24 call of a period of continuous or broken service is
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1 time off duty.’’ in subsection (b)(3) and inserting

2 ‘‘duty.’’;

3 (3) by inserting ‘‘A signal employee may not be

4 allowed to remain or go on duty under the emergency

5 authority provided under this subsection to conduct

6 routine repairs, routine maintenance, or routine in7 spection of signal systems.’’ after ‘‘service.’’ in sub8 section (c);

9 (4) by adding at the end the following:

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

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

12 consecutive hours, as provided under subsection (a), a rail13 road carrier or a contractor or subcontractor to a railroad

14 carrier, and its officers and agents, shall not communicate

15 with the signal employee by telephone, by pager, or in any

16 other manner that could reasonably be expected to disrupt

17 the employee’s rest. Nothing in this subsection shall prohibit

18 communication necessary to notify an employee of an emer19 gency situation, as defined by the Secretary.

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

21 and rest periods of signal employees shall be governed exclu22 sively by this chapter. Signal employees operating motor

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

24 duty hours or rest period rules promulgated by any Federal

25 authority, including the Federal Motor Carrier Safety Ad-
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1 ministration, other than the Federal Railroad Administra2 tion.’’.

3 (d) ALTERNATE HOURS OF SERVICE REGIME.—

4 (1) APPLICATION OF HOURS OF SERVICE RE5 GIME.—Section 21102 is amended—

6 (A) by striking the section caption and in7 serting the following:

8 ‘‘§ 21102. Nonapplication, exemption, and alternate

9 hours of service regime’’ ; and

10 (B) by adding at the end thereof the fol11 lowing:

12 ‘‘(c) ALTERNATE HOURS OF SERVICE REGIME.—A

13 railroad carrier and its directly affected employees or a

14 non-profit employee labor organization that represents such

15 employees may jointly develop and submit for approval to

16 the Secretary an alternate hours of service regime to that

17 provided in this chapter that would increase the maximum

18 hours an employee may be required or allowed to go or re19 main on duty or decrease the minimum hours an employee

20 may be required to rest and would become effective no ear21 lier than 1 year after the date of enactment of the Railroad

22 Safety Enhancement Act of 2008. The Secretary may con23 sider such a request anytime after the date of enactment

24 of the Railroad Safety Enhancement Act of 2008 and may

25 approve such a request only after providing an opportunity
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1 for public notice and comment and determining that the

2 proposed hours of service regime is in the public interest

3 and will not adversely affect railroad safety. The exemption

4 shall be for a specific period of time and shall be subject

5 to review upon a schedule determined appropriate by the

6 Secretary.

7 ‘‘(d) APPLICATION OF HOURS OF SERVICE REGIME TO

8 COMMUTER AND INTERCITY PASSENGER RAILROAD TRAIN

9 EMPLOYEES.—

10 ‘‘(1) When providing commuter rail passenger

11 transportation or intercity rail passenger transpor12 tation, the limitations on duty hours for train em13 ployees of railroad carriers, including public authori14 ties operating passenger service, shall be solely gov15 erned by old section 21103 until the earlier of—

16 ‘‘(A) the effective date of regulations pre17 scribed by the Secretary under section 21109(b)

18 of this chapter; or

19 ‘‘(B) the date that is 3 years following the

20 date of enactment of the Railroad Safety En21 hancement Act of 2008.

22 ‘‘(2) After the date on which old section 21103

23 ceases to apply, pursuant to paragraph (1), to the

24 limitations on duty hours for train employees of rail25 road carriers with respect to the provision of com-
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1 muter rail passenger transportation or intercity rail

2 passenger transportation, the limitations on duty

3 hours for train employees of such railroad carriers

4 shall be governed by new section 21103, except as pro5 vided in paragraph (3).

6 ‘‘(3) After the effective date of the regulations

7 prescribed by the Secretary under section 21109(b) of

8 this title, such carriers shall—

9 ‘‘(A) comply with the limitations on duty

10 hours for train employees with respect to the pro11 vision of commuter rail passenger transportation

12 or intercity rail passenger transportation as pre13 scribed by such regulations; and

14 ‘‘(B) be exempt from complying with the

15 provisions of old section 21103 and new section

16 21103 for such employees.

17 ‘‘(4) In this subsection:

18 ‘‘(A) The terms ‘commuter rail passenger

19 transportation’ and ‘intercity rail passenger

20 transportation’ have the meaning given those

21 terms in section 24102 of this title.

22 ‘‘(C) The term ‘new section 21103’ means

23 section 21103 of this chapter as amended by the

24 Railroad Safety Enhancement Act of 2008.
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1 ‘‘(D) The term ‘old section 21103’ means

2 section 21103 of this chapter as it was in effect

3 on the day before the enactment of that Act.’’.

4 (2) CONFORMING AMENDMENT.—The chapter

5 analysis for chapter 211 is amended by striking the

6 item relating to section 21102 and inserting the fol7 lowing:

‘‘21102. Nonapplication, exemption, and alternate hours of service regime’’.

8 (e) REGULATORY AUTHORITY.—

9 (1) IN GENERAL.—Chapter 211 is amended by

10 adding at the end thereof the following:

11 ‘‘§ 21109. Regulatory authority

12 ‘‘(a) IN GENERAL.—In order to improve safety and re13 duce employee fatigue, the Secretary may prescribe

14 regulations—

15 ‘‘(1) to reduce the maximum hours an employee

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

17 to a level less than the level established under this

18 chapter;

19 ‘‘(2) to increase the minimum hours an employee

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

21 than the level established under this chapter;

22 ‘‘(3) to limit or eliminate the amount of time an

23 employee spends waiting for or in deadhead transpor24 tation to the place of final release that is considered

25 neither on duty nor off duty under this chapter;
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1 ‘‘(4) to make changes to the number of hours an

2 employee may spend waiting on a train for deadhead

3 transportation to the place of final release that is con4 sidered neither on duty nor off duty that provide for

5 an equivalent level of safety as the level established

6 under this chapter;

7 ‘‘(5) to make changes to the requirements of off8 duty communications with employees that provide for

9 an equivalent level of safety as the level established

10 under this chapter;

11 ‘‘(6) for signal employees—

12 ‘‘A) to limit or eliminate the amount of

13 time that is considered to be neither on duty nor

14 off duty under this chapter that an employee

15 spends returning from an outlying worksite after

16 scheduled duty hours or returning from a trouble

17 call to the employee’s headquarters or directly to

18 the employee’s residence; and

19 ‘‘(B) to increase the amount of time that

20 constitutes a release period, that does not break

21 the continuity of service and is considered time

22 off duty; and

23 ‘‘(7) to require other changes to railroad oper24 ating and scheduling practices, including unscheduled
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1 duty calls, that could affect employee fatigue and rail2 road safety.

3 ‘‘(b) REGULATIONS GOVERNING THE HOURS OF SERV4 ICE OF TRAIN EMPLOYEES OF COMMUTER AND INTERCITY

5 PASSENGER RAILROAD CARRIERS.—Within 3 years after

6 the date of enactment of the Railroad Safety Enhancement

7 Act of 2008, the Secretary shall prescribe regulations and

8 issue orders to establish hours of service requirements for

9 train employees engaged in commuter rail passenger trans10 portation and intercity rail passenger transportation (as

11 defined in section 24102 of this title) that may differ from

12 the requirements of this chapter. Such regulations and or13 ders may address railroad operating and scheduling prac14 tices, including unscheduled duty calls, communications

15 during time off duty, and time spent in or waiting for

16 deadhead transportation to the place of final release, that

17 could affect employee fatigue and railroad safety.

18 ‘‘(c) CONSIDERATIONS.—In issuing regulations under

19 subsection (a) the Secretary shall consider scientific and

20 medical research related to fatigue and fatigue abatement,

21 railroad scheduling and operating practices that improve

22 safety or reduce employee fatigue, a railroad’s use of new

23 or novel technology intended to reduce or eliminate human

24 error, the variations in freight and passenger railroad

25 scheduling practices and operating conditions, the vari-
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1 ations in duties and operating conditions for employees

2 subject to this chapter, a railroad’s required or voluntary

3 use of fatigue management plans covering employees subject

4 to this chapter, and any other relevant factors.

5 ‘‘(d) TIME LIMITS.—If the Secretary requests that the

6 Railroad Safety Advisory Committee accept the task of de7 veloping regulations under subsection (a) or (b) and the

8 Committee accepts the task, the Committee shall reach con9 sensus on the rulemaking within 18 months after accepting

10 the task. If the Committee does not reach consensus within

11 18 months after the Secretary makes the request, the Sec12 retary shall prescribe appropriate regulations within 18

13 months. If the Secretary does not request that the Railroad

14 Safety Advisory Committee accept the task of developing

15 regulations under subsection (a) or (b), the Secretary shall

16 prescribe regulations within 3 years after the date of enact17 ment of the Railroad Safety Enhancement Act of 2008.

18 ‘‘(e) PILOT PROJECTS.—

19 ‘‘(1) IN GENERAL.—Not later than 2 years after

20 the date of enactment of the Railroad Safety En21 hancement Act of 2008, the Secretary shall conduct at

22 least 2 pilot projects of sufficient size and scope to

23 analyze specific practices which may be used to re24 duce fatigue for train and engine and other railroad

25 employees as follows:
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1 ‘‘(A) A pilot project at a railroad or rail2 road facility to evaluate the efficacy of commu3 nicating to employees notice of their assigned

4 shift time 10 hours prior to the beginning of

5 their assigned shift as a method for reducing em6 ployee fatigue.

7 ‘‘(B) A pilot project at a railroad or rail8 road facility to evaluate the efficacy of requiring

9 railroads who use employee scheduling practices

10 that subject employees to periods of unscheduled

11 duty calls to assign employees to defined or spe12 cific unscheduled call shifts that are followed by

13 shifts not subject to call, as a method for reduc14 ing employee fatigue.

15 ‘‘(2) WAIVER.—The Secretary may temporarily

16 waive the requirements of this section, if necessary, to

17 complete a pilot project under this subsection.

18 ‘‘(f) DUTY CALL DEFINED.—In this section the term

19 ‘duty call’ means a telephone call that a railroad places

20 to an employee to notify the employee of his or her assigned

21 shift time.’’.

22 (2) CONFORMING AMENDMENTS.—

23 (A) The chapter analysis for chapter 211 is

24 amended by adding at the end thereof the fol25 lowing:

‘‘21109. Regulatory authority’’.
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1 (B) The first sentence of section 21303(a)(1)

2 is amended by inserting ‘‘including section

3 21103 (as such section was in effect on the day

4 before the date of enactment of the Railroad

5 Safety Enhancement Act of 2008),’’ after ‘‘this

6 title,’’ the second place it appears.

7 (f) RECORD KEEPING AND REPORTING.—

8 (1) REGULATIONS.—Not later than 180 days

9 after the date of enactment of this Act, the Secretary

10 shall prescribe a regulation revising the requirements

11 for recordkeeping and reporting for Hours of Service

12 of Railroad Employees contained in part 228 of title

13 49, Code of Federal Regulations—

14 (A) to adjust record keeping and reporting

15 requirements to support fully compliance with

16 chapter 211 of title 49, United States Code, as

17 amended by this Act;

18 (B) to authorize electronic record keeping,

19 and reporting of excess service, consistent with

20 appropriate considerations for user interface;

21 and

22 (C) to require training of affected employees

23 and supervisors, including training of employees

24 in the entry of hours of service data.
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1 (2) PROCEDURE.—In lieu of issuing a notice of

2 proposed rulemaking as contemplated by section 553

3 of title 5, United States Code, the Secretary may uti4 lize the Railroad Safety Advisory Committee to assist

5 in development of the regulation. The Secretary may

6 propose and adopt amendments to the revised regula7 tions thereafter as may be necessary in light of expe8 rience under the revised requirements.

9 (g) 1-YEAR DELAY IN IMPLEMENTATION OF DUTY

10 HOURS LIMITATION CHANGES.—The amendments made by

11 subsections (a), (b), and (c) shall take effect 1 year after

12 the date of enactment of this Act.

13 SEC. 107. PROTECTION OF RAILROAD SAFETY RISK ANAL14 YSES INFORMATION.

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

16 amended by adding at the end thereof the following:

17 ‘‘§ 20118. Prohibition on public disclosure of railroad

18 safety analysis records

19 ‘‘(a) IN GENERAL.—Except as necessary for the Sec20 retary of Transportation or another Federal agency to en21 force or carry out any provision of Federal law, any part

22 of any record (including, but not limited to, a railroad car23 rier’s analysis of its safety risks and its statement of the

24 mitigation measures it has identified with which to address

25 those risks) that the Secretary has obtained pursuant to a
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1 provision of, or regulation or order under, this chapter re2 lated to the establishment, implementation, or modification

3 of a railroad safety risk reduction program or pilot pro4 gram is exempt from the requirements of section 552 of title

5 5 if the record is—

6 ‘‘(1) supplied to the Secretary pursuant to that

7 safety risk reduction program or pilot program; or

8 ‘‘(2) made available for inspection and copying

9 by an officer, employee, or agent of the Secretary pur10 suant to that safety risk reduction program or pilot

11 program.

12 ‘‘(b) EXCEPTION.—Notwithstanding subsection (a), the

13 Secretary may disclose any part of any record comprised

14 of facts otherwise available to the public if, in the Sec15 retary’s sole discretion, the Secretary determines that dis16 closure would be consistent with the confidentiality needed

17 for that safety risk reduction program.

18 ‘‘(c) DISCRETIONARY PROHIBITION OF DISCLOSURE.—

19 The Secretary may prohibit the public disclosure of risk

20 analyses or risk mitigation analyses that the Secretary has

21 obtained under other provisions of, or regulations or orders

22 under, this chapter if the Secretary determines that the pro23 hibition of public disclosure is necessary to promote rail24 road safety.
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1 ‘‘§ 20119. Discovery and admission into evidence of

2 certain reports and surveys

3 ‘‘Notwithstanding any other provision of law, no part

4 of any report, survey, schedule, list, or data compiled or

5 collected for the purpose of evaluating, planning, or imple6 menting a railroad safety risk reduction program or other

7 risk analysis or risk mitigation analysis designated by the

8 Secretary of Transportation under section 20118(c) pursu9 ant to a provision of, or regulation or order under, this

10 chapter (including a railroad carrier’s analysis of its safety

11 risks and its statement of the mitigation measures with

12 which it will address those risks) shall be subject to dis13 covery or admitted into evidence in a Federal or State court

14 proceeding, or considered for another purpose, in any action

15 by a private party or parties for damages against the car16 rier, or its officers, employees, or contractors. The preceding

17 sentence does not apply to any report, survey, list, or data

18 otherwise available to the public.’’.

19 (b) CONFORMING AMENDMENT.—The chapter analysis

20 for chapter 201 is amended by inserting after the item relat21 ing to section 20117 the following:

‘‘20118. Prohibition on public disclosure of railroad safety analysis records’’.

‘‘20119. Discovery and admission into evidence of certain reports and surveys’’.
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1 TITLE II—HIGHWAY-RAIL GRADE

2 CROSSING AND PEDESTRIAN

3 SAFETY AND TRESPASSER

4 PREVENTION

5 SEC. 201. PEDESTRIAN CROSSING SAFETY.

6 Not later than 1 year after the date of enactment of

7 this Act, the Secretary shall provide guidance to railroads

8 on strategies and methods to prevent pedestrian accidents,

9 injuries, and fatalities at or near passenger stations,

10 including—

11 (1) providing audible warning of approaching

12 trains to the pedestrians at railroad passenger sta13 tions;

14 (2) using signs, signals, or other visual devices

15 to warn pedestrians of approaching trains;

16 (3) installing infrastructure at pedestrian cross17 ings to improve the safety of pedestrians crossing rail18 road tracks;

19 (4) installing fences to prohibit access to railroad

20 tracks; and

21 (5) other strategies or methods as determined by

22 the Secretary.

23 SEC. 202. STATE ACTION PLANS.

24 (a) IN GENERAL.—Beginning not later than 6 months

25 after the date of enactment of this Act, the Secretary shall
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1 identify on an annual basis the 10 States that receive Fed2 eral funds for highway-rail grade crossing safety projects

3 that have had the most highway-rail grade crossing colli4 sions in the preceding fiscal year. The Secretary may re5 quire as a condition of receiving such funds in the future

6 (in addition to any requirements imposed under any other

7 provision of law) that each of these States develop within

8 a period of time determined by the Secretary a State Grade

9 Crossing Action Plan that identifies specific solutions for

10 improving safety at crossings, including highway-rail grade

11 crossing closures or grade separations, particularly at cross12 ings that have experienced multiple accidents, and shall

13 provide assistance to the States in developing and carrying

14 out, as appropriate, the plan. The plan may be coordinated

15 with other State or Federal planning requirements.

16 (b) REVIEW AND APPROVAL.—Not later than 90 days

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

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

19 proposed plan is not approved, the Secretary shall notify

20 the affected State as to the specific points in which the pro21 posed plan is deficient, and the State shall correct all defi22 ciencies within 60 days following receipt of written notice

23 from the Secretary.
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1 SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGH2 WAY-RAIL GRADE CROSSINGS.

3 (a) IN GENERAL.—Subchapter II of chapter 201, as

4 amended by section 105 of this Act, is further amended by

5 inserting after section 20158 the following:

6 ‘‘§ 20159. Roadway user sight distance at highway-rail

7 grade crossings

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

9 date of enactment of the Railroad Safety Enhancement Act

10 of 2008, the Secretary of Transportation shall prescribe reg11 ulations that require each railroad carrier to remove from

12 its active rights-of-way at all public highway-rail grade

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

14 open to unrestricted public access (as declared in writing

15 by the holder of the crossing right), grass, brush, shrubbery,

16 trees, and other vegetation which may materially obstruct

17 the view of a pedestrian or a vehicle operator for a reason18 able distance, as specified by the Secretary, in either direc19 tion of the train’s approach, and to maintain its rights20 of-way at all such crossings free of such vegetation. In pre21 scribing the regulations, the Secretary shall take into con22 sideration to the extent practicable—

23 ‘‘(1) the type of warning device or warning de24 vices installed at such crossings;

25 ‘‘(2) factors affecting the timeliness and effective26 ness of roadway user decisionmaking, including the
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1 maximum allowable roadway speed, maximum au2 thorized train speed, angle of intersection, and topog3 raphy;

4 ‘‘(3) the presence or absence of other sight dis5 tance obstructions off the railroad right-of-way; and

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

7 crossings.

8 ‘‘(b) PROTECTED VEGETATION.—In promulgating reg9 ulations pursuant to this section, the Secretary may make

10 allowance for preservation of trees and other ornamental

11 or protective growth where State or local law or policy

12 would otherwise protect the vegetation from removal and

13 where the roadway authority or private crossing holder is

14 notified of the sight distance obstruction and, within a rea15 sonable period specified by the regulation, takes appropriate

16 action to abate the hazard to roadway users (such as by

17 closing the crossing, posting supplementary signage, install18 ing active warning devices, lowering roadway speed, or in19 stalling traffic calming devices).

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

21 after the date of enactment of the Railroad Safety Enhance22 ment Act of 2008, the Secretary, after consultation with the

23 Federal Railroad Administration, the Federal Highway

24 Administration, and States, shall develop and make avail25 able to States model legislation providing for improving
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1 safety by addressing sight obstructions, at highway-rail

2 grade crossings that are equipped solely with passive warn3 ings, as recommended by the Inspector General of the De4 partment of Transportation in Report No. MH–2007–

5 044.’’.

6 (b) CONFORMING AMENDMENT.—The chapter analysis

7 for chapter 201, as amended by section 105 of this Act, is

8 amended by inserting after the item relating to section

9 20158 the following new item:

‘‘20159. Roadway user sight distance at highway-rail grade crossings’’.

10 SEC. 204. NATIONAL CROSSING INVENTORY.

11 (a) IN GENERAL.—Subchapter II of chapter 201, as

12 amended by section 203 of this Act, is further amended by

13 adding at the end the following new section:

14 ‘‘§ 20160. National crossing inventory

15 ‘‘(a) INITIAL REPORTING OF INFORMATION ABOUT

16 PREVIOUSLY UNREPORTED CROSSINGS.—Not later than 1

17 year after the date of enactment of the Railroad Safety En18 hancement Act of 2008 or 6 months after a new crossing

19 becomes operational, whichever occurs later, each railroad

20 carrier shall—

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

22 current information, including information about

23 warning devices and signage, as specified by the Sec24 retary, concerning each previously unreported cross-
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1 ing through which it operates or with respect to the

2 trackage over which it operates; or

3 ‘‘(2) ensure that the information has been re4 ported to the Secretary by another railroad carrier

5 that operates through the crossing.

6 ‘‘(b) UPDATING OF CROSSING INFORMATION.—

7 ‘‘(1) On a periodic basis beginning not later

8 than 2 years after the date of enactment of the Rail9 road Safety Enhancement Act of 2008 and on or be10 fore September 30 of every year thereafter, or as oth11 erwise specified by the Secretary, each railroad car12 rier shall—

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

14 including information about warning devices and

15 signage, as specified by the Secretary, concerning each

16 crossing through which it operates or with respect to

17 the trackage over which it operates; or

18 ‘‘(B) ensure that the information has been re19 ported to the Secretary by another railroad carrier

20 that operates through the crossing.

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

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

23 Railroad Safety Enhancement Act of 2008 shall, not later

24 than the date that is 18 months after the date of enactment

25 of that Act or 3 months after the sale, whichever occurs
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1 later, or as otherwise specified by the Secretary, report to

2 the Secretary current information, as specified by the Sec3 retary, concerning the change in ownership of the crossing

4 or part of the crossing.

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

6 prescribe the regulations necessary to implement this sec7 tion. The Secretary may enforce each provision of the De8 partment of Transportation’s statement of the national

9 highway-rail crossing inventory policy, procedures, and in10 struction for States and railroads that is in effect on the

11 date of enactment of the Railroad Safety Enhancement Act

12 of 2008, until such provision is superseded by a regulation

13 issued under this section.

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

15 ‘‘(1) CROSSING.—The term ‘crossing’ means a lo16 cation within a State, other than a location where

17 one or more railroad tracks cross one or more rail18 road tracks either at grade or grade-separated,

19 where—

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

21 private roadway, including associated sidewalks

22 and pathways, crosses one or more railroad

23 tracks either at grade or grade-separated; or

24 ‘‘(B) a pathway explicitly authorized by a

25 public authority or a railroad carrier that is
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1 dedicated for the use of nonvehicular traffic, in2 cluding pedestrians, bicyclists, and others, that is

3 not associated with a public highway, road, or

4 street, or a private roadway, crosses one or more

5 railroad tracks either at grade or grade-sepa6 rated.

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

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

9 Commonwealth of Puerto Rico.’’.

10 (b) CONFORMING AMENDMENT.—The chapter analysis

11 for chapter 201, as amended by section 203 of this Act, is

12 amended by inserting after the item relating to section

13 20159 the following:

‘‘20160. National crossing inventory’’.

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

15 23, United States Code, is amended by adding at the end

16 the following:

17 ‘‘(l) NATIONAL CROSSING INVENTORY.—

18 ‘‘(1) INITIAL REPORTING OF CROSSING INFORMA19 TION.—Not later than 1 year after the date of enact20 ment of the Railroad Safety Enhancement Act of

21 2008 or within 6 months of a new crossing becoming

22 operational, whichever occurs later, each State shall

23 report to the Secretary of Transportation current in24 formation, including information about warning de25 vices and signage, as specified by the Secretary, con-
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1 cerning each previously unreported crossing located

2 within its borders.

3 ‘‘(2) PERIODIC UPDATING OF CROSSING INFOR4 MATION.—On a periodic basis beginning not later

5 than 2 years after the date of enactment of the Rail6 road Safety Enhancement Act of 2008 and on or be7 fore September 30 of every year thereafter, or as oth8 erwise specified by the Secretary, each State shall re9 port to the Secretary current information, including

10 information about warning devices and signage, as

11 specified by the Secretary, concerning each crossing

12 located within its borders.

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

14 shall prescribe the regulations necessary to implement

15 this subsection. The Secretary may enforce each provi16 sion of the Department of Transportation’s statement

17 of the national highway-rail crossing inventory pol18 icy, procedures, and instructions for States and rail19 roads that is in effect on the date of enactment of the

20 Railroad Safety Enhancement Act of 2008, until such

21 provision is superseded by a regulation issued under

22 this subsection.

23 ‘‘(4) DEFINITIONS.—In this subsection—

24 ‘‘(A) ‘public crossing’ means a location

25 within a State, other than a location where one
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1 or more railroad tracks cross one or more rail2 road tracks either at grade or grade-separated,

3 where—

4 ‘‘(i) a public highway, road, or street,

5 including associated sidewalks and path6 ways, crosses one or more railroad tracks ei7 ther at grade or grade-separated; or

8 ‘‘(ii) a publicly owned pathway explic9 itly authorized by a public authority or a

10 railroad carrier and dedicated for the use of

11 non-vehicular traffic, including pedestrians,

12 bicyclists, and others, that is not associated

13 with a public highway, road, or street, or a

14 private roadway, crosses one or more rail15 road tracks either at grade or grade-sepa16 rated; and

17 ‘‘(B) ‘State’ means a State of the United

18 States, the District of Columbia, or Puerto

19 Rico.’’.

20 (d) CIVIL PENALTIES.—

21 (1) Section 21301(a)(1) is amended—

22 (A) by inserting ‘‘with section 20160 or’’

23 after ‘‘comply’’ in the first sentence; and

24 (B) by inserting ‘‘section 20157 of this title

25 or’’ after ‘‘violating’’ in the second sentence.
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1 (2) Section 21301(a)(2) is amended by inserting

2 ‘‘The Secretary shall impose a civil penalty for a vio3 lation of section 20160 of this title.’’ after the first

4 sentence.

5 SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSS6 ING PROBLEMS.

7 (a) IN GENERAL.—Section 20152 is amended to read

8 as follows:

9 ‘‘§ 20152. Notification of grade crossing problems

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

11 of the Railroad Safety Enhancement Act of 2008, the Sec12 retary of Transportation shall require each railroad carrier

13 to—

14 ‘‘(1) establish and maintain a telephone service,

15 which may be required to be a toll-free telephone for

16 specific railroad carriers as determined by the Sec17 retary to be appropriate, for rights-of-way over which

18 it dispatches trains, to directly receive calls

19 reporting—

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

21 and other devices to promote safety at the grade

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

23 and public or private roads;

24 ‘‘(B) disabled vehicles blocking railroad

25 tracks at such grade crossings;
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1 ‘‘(C) obstructions to the view of a pedestrian

2 or a vehicle operator for a reasonable distance in

3 either direction of a train’s approach; or

4 ‘‘(D) other safety information involving

5 such grade crossings;

6 ‘‘(2) upon receiving a report pursuant to para7 graph (1)(A) or (B), immediately contact trains oper8 ating near the grade crossing to warn them of the

9 malfunction or disabled vehicle;

10 ‘‘(3) upon receiving a report pursuant to para11 graph (1)(A) or (B), and after contacting trains pur12 suant to paragraph (2), contact, as necessary, appro13 priate public safety officials having jurisdiction over

14 the grade crossing to provide them with the informa15 tion necessary for them to direct traffic, assist in the

16 removal of the disabled vehicle, or carry out other ac17 tivities as appropriate;

18 ‘‘(4) upon receiving a report pursuant to para19 graph (1)(C) or (D), timely investigate the report, re20 move the obstruction if possible, or correct the unsafe

21 circumstance; and

22 ‘‘(5) ensure the placement at each grade crossing

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

24 signs, on which shall appear, at a minimum—
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1 ‘‘(A) a telephone number to be used for plac2 ing calls described in paragraph (1) to the rail3 road carrier dispatching trains on that right-of4 way;

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

6 telephone number; and

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

8 that crossing by the National Highway-Rail

9 Crossing Inventory established by the Depart10 ment of Transportation.’’.

11 (b) CONFORMING AMENDMENT.—The chapter analysis

12 for chapter 201 is amended by striking the item relating

13 to section 20152 and inserting the following:

‘‘20152. Notification of grade crossing problems’’.

14 SEC. 206. OPERATION LIFESAVER.

15 (a) GRANT.—The Federal Railroad Administration

16 shall make a grant or grants to Operation Lifesaver to

17 carry out a public information and education program to

18 help prevent and reduce pedestrian, motor vehicle, and other

19 incidents, injuries, and fatalities, and to improve awareness

20 along railroad rights-of-way and at highway-rail grade

21 crossings. This includes development, placement, and dis22 semination of Public Service Announcements in newspaper,

23 radio, television, and other media. It will also include

24 school presentations, brochures and materials, support for

25 public awareness campaigns, and related support for the
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1 activities of Operation Lifesaver’s member organizations.

2 As part of an educational program funded by grants

3 awarded under this section, Operation Lifesaver shall pro4 vide information to the public on how to identify and report

5 to the appropriate authorities unsafe or malfunctioning

6 highway-rail grade crossings.

7 (b) PILOT PROGRAM.—The Secretary may allow funds

8 provided under subsection (a) also to be used by Operation

9 Lifesaver to implement a pilot program, to be known as

10 the Railroad Safety Public Awareness Program, that ad11 dresses the need for targeted and sustained community out12 reach on the subjects described in subsection (a). Such a

13 pilot program shall be established in 1 or more States iden14 tified under section 202 of this Act. In carrying out such

15 a pilot program Operation Lifesaver shall work with the

16 State, community leaders, school districts, and public and

17 private partners to identify the communities at greatest

18 risk, to develop appropriate measures to reduce such risks,

19 and shall coordinate the pilot program with the State grade

20 crossing action plan.

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

22 authorized to be appropriated to the Federal Railroad Ad23 ministration for carrying out this section—

24 (1) $2,000,000 for each of fiscal years 2008,

25 2009, and 2010; and
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1 (2) $1,500,000 for each of fiscal years 20011,

2 2012, and 2013.

3 SEC. 207. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL

4 GRADE CROSSING SAFETY.

5 (a) IN GENERAL.—Part B of subtitle V is amended

6 by adding at the end thereof the following:

‘‘CHAPTER 225. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL

GRADE CROSSING SAFETY

‘‘Sec.

‘‘22501. Financial assistance to States for certain projects

‘‘22502. Distribution

‘‘22503. Standards for awarding grants

‘‘22504. Use of funds

‘‘22505. Authorization of appropriations

7 ‘‘§ 22501. Financial assistance to States for certain

8 projects

9 ‘‘The Secretary of Transportation shall make grants

10 to a maximum of 3 States per year for development or con11 tinuance of enhanced public education and awareness ac12 tivities, in combination with targeted law enforcement, to

13 significantly reduce violations of traffic laws at highway14 rail grade crossings and to help prevent and reduce injuries

15 and fatalities along railroad rights-of-way.

16 ‘‘§ 22502. Distribution

17 ‘‘The Secretary shall provide the grants to the State

18 agency or agencies responsible for highway-rail grade cross19 ing safety.
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1 ‘‘§ 22503. Standards for awarding grants

2 ‘‘The Secretary shall provide grants based upon the

3 merits of the proposed program of activities provided by

4 the State and upon a determination of where the grants

5 will provide the greatest safety benefits.

6 ‘‘§ 22504. Use of funds

7 ‘‘Any State receiving a grant under this chapter shall

8 use the funds to develop, implement, and continue to meas9 ure the effectiveness of a dedicated program of public edu10 cation and enforcement of highway-rail crossing safety laws

11 and to prevent casualties along railroad rights-of-way. The

12 Secretary may not make a grant under this chapter avail13 able to assist a State or political subdivision thereof in es14 tablishing or continuing a quiet zone pursuant to part 222

15 of title 49, Code of Federal Regulations.

16 ‘‘§ 22505. Authorization of appropriations

17 ‘‘There are authorized to be appropriated to the Sec18 retary $500,000 for each of fiscal years 2009 through 2013

19 to carry out the provisions of this chapter. Amounts appro20 priated pursuant to this section shall remain available

21 until expended.’’.

22 (b) CONFORMING AMENDMENT.—The subtitle analysis

23 for subtitle V is amended by inserting after the item relat24 ing to chapter 223 the following:

225. Federal grant to States for highway-rail crossing safety..............................22501’’.
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1 SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL

2 CROSSING SAFETY.

3 (a) TRESPASSER PREVENTION AND HIGHWAY-RAIL

4 GRADE CROSSING WARNING SIGN VIOLATIONS.—Section

5 20151 is amended—

6 (1) by striking the section heading and inserting

7 the following:

8 ‘‘§ 20151. Railroad trespassing, vandalism, and high9 way-rail grade crossing warning sign vio10 lation prevention strategy’’ ;

11 (2) by striking subsection (a) and inserting the

12 following:

13 ‘‘(a) EVALUATION OF EXISTING LAWS.—In consulta14 tion with affected parties, the Secretary of Transportation

15 shall evaluate and review current local, State, and Federal

16 laws regarding trespassing on railroad property, vandalism

17 affecting railroad safety, and violations of highway-rail

18 grade crossing warning signs and develop model prevention

19 strategies and enforcement laws to be used for the consider20 ation of State and local legislatures and governmental enti21 ties. The first such evaluation and review concerning viola22 tions of grade crossing signals shall be completed within

23 1 year after the date of enactment of the Railroad Safety

24 Enhancement Act of 2008. The Secretary shall revise the

25 model prevention strategies and enforcement codes periodi26 cally.’’;
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1 (3) by inserting ‘‘FOR TRESPASSING AND VAN2 DALISM PREVENTION’’ in the subsection heading of

3 subsection (b) after ‘‘OUTREACH PROGRAM’’;

4 (4) in subsection (c)—

5 (A) by redesignating paragraphs (1) and

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

7 (B) by inserting ‘‘(1)’’ after ‘‘MODEL LEG8 ISLATION.—’’; and

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

10 paragraph:

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

12 the Railroad Safety Enhancement Act of 2008, the Sec13 retary, after consultation with State and local governments

14 and railroad carriers, shall develop and make available to

15 State and local governments model State legislation pro16 viding for civil or criminal penalties, or both, for violations

17 of highway-rail grade crossing warning signs.’’; and

18 (5) by adding at the end the following new sub19 section:

20 ‘‘(d) DEFINITION.—In this section, the term ‘violation

21 of highway-rail grade crossing warning signs’ includes any

22 action by a motorist, unless directed by an authorized safety

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

2 position intended to block passage over railroad

3 tracks;

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

5 signal;

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

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

10 ‘‘(4) in the vicinity of a grade crossing, who cre11 ates a hazard of an accident involving injury or

12 property damage at the grade crossing.’’.

13 (b) CONFORMING AMENDMENT.—The chapter analysis

14 for chapter 201 of title 49, United States Code, is amended

15 by striking the item relating to section 20151 and inserting

16 the following:

‘‘20151. Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy’’.

17 (c) EDUCATIONAL OR AWARENESS PROGRAM ITEMS

18 FOR DISTRIBUTION.—Section 20134(a) is amended by add19 ing at the end of the subsection the following: ‘‘The Sec20 retary may purchase items of nominal value and distribute

21 them to the public without charge as part of an educational

22 or awareness program to accomplish the purposes of this

23 section and of any other sections of this title related to im24 proving the safety of highway-rail crossings and to pre-
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1 venting trespass on railroad rights of way, and the Sec2 retary shall prescribe guidelines for the administration of

3 this authority.’’.

4 SEC. 209. FOSTERING INTRODUCTION OF NEW TECH5 NOLOGY TO IMPROVE SAFETY AT HIGHWAY6 RAIL GRADE CROSSINGS.

7 (a) AMENDMENT.—Subchapter II of chapter 201, as

8 amended by section 204 of this Act, is further amended by

9 adding at the end the following:

10 ‘‘§ 20161. Fostering introduction of new technology to

11 improve safety at highway-rail grade

12 crossings

13 ‘‘(a) POLICY.—It is the policy of the Department of

14 Transportation to encourage the development of new tech15 nology that can prevent loss of life and injuries at highway16 rail grade crossings. The Secretary of Transportation shall

17 carry out this policy in consultation with States and nec18 essary public and private entities.

19 ‘‘(b) SUBMISSION OF NEW TECHNOLOGY PRO20 POSALS.—Railroad carriers and railroad suppliers may

21 submit for review and approval to the Secretary such new

22 technology designed to improve safety at highway-rail grade

23 crossings. The Secretary shall approve the new technology

24 designed to improve safety at highway-rail grade crossings

25 in accordance with Federal Railroad Administration stand-
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1 ards for the development and use of processor-based signal

2 and train control systems and shall consider the effects on

3 safety of highway-user interface with the new technology.

4 ‘‘(c) EFFECT OF SECRETARIAL APPROVAL.—If the Sec5 retary approves new technology to provide warning to high6 way users at a highway-rail grade crossing and such tech7 nology is installed at a highway-rail grade crossing in ac8 cordance with the conditions of the approval, this deter9 mination preempts any State law concerning the adequacy

10 of the technology in providing warning at the crossing.

11 Under no circumstances may a person (including a State,

12 other public authority, railroad carrier, system designer, or

13 supplier of the technology) be held liable for damages for

14 any harm to persons or property because of an accident

15 or incident at the crossing protected by such technology

16 based upon the carrier’s failure to properly inspect and

17 maintain such technology, if the carrier has inspected and

18 maintained the technology in accordance with the terms of

19 the Secretary’s approval.’’.

20 (b) CONFORMING AMENDMENT.—The chapter analysis

21 for chapter 201, as amended by section 204 of this Act, is

22 further amended by inserting after the item relating to sec23 tion 20160, the following:

‘‘20161. Fostering introduction of new technology to improve safety at highwayrail grade crossings’’.
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1 TITLE III—FEDERAL RAILROAD

2 ADMINISTRATION

3 SEC. 301. HUMAN CAPITAL INCREASES.

4 (a) IN GENERAL.—The Secretary shall increase the

5 number of Federal Railroad Administration employees by

6 25 employees in each of fiscal years 2008 through 2013.

7 (b) FUNCTIONS.—In increasing the number of employ8 ees pursuant to subsection (a), the Secretary shall focus on

9 hiring employees—

10 (1) specifically trained to conduct on-site rail11 road and highway-rail grade crossing accident inves12 tigations;

13 (2) to implement the Railroad Safety Strategy;

14 (3) to administer and implement the Railroad

15 Safety Risk Reduction Pilot Program and the Rail16 road Safety Risk Reduction Program;

17 (4) to implement section 20166 of title 49,

18 United States Code, and to focus on encouragement

19 and oversight of the use of new or novel rail safety

20 technology;

21 (5) to conduct routine inspections and audits of

22 railroad and hazardous materials facilities and

23 records for compliance with railroad safety laws and

24 regulations;
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1 (6) to inspect railroad bridges, tunnels, and re2 lated infrastructure, and to review or analyze rail3 road bridge, tunnel, and related infrastructure inspec4 tion reports;

5 (7) to prevent or respond to natural or manmade

6 emergency situations or events involving rail infra7 structure or employees; and

8 (8) to support the Federal Railroad Administra9 tion’s safety mission.

10 SEC. 302. CIVIL PENALTY INCREASES.

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

12 21301(a)(2) is amended—

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

14 ‘‘$25,000.’’; and

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

16 ‘‘$100,000.’’.

17 (b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAPTER

18 201; VIOLATIONS OF CHAPTERS 203 THROUGH 209.—Sec19 tion 21302(a)(2) is amended—

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

21 ‘‘$25,000.’’; and

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

23 ‘‘$100,000.’’.

24 (c) VIOLATIONS OF CHAPTER 211.—Section

25 21303(a)(2) is amended—
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1 (1) by striking ‘‘$10,000.’’ and inserting

2 ‘‘$25,000.’’; and

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

4 ‘‘$100,000.’’.

5 SEC. 303. ENFORCEMENT REPORT.

6 (a) IN GENERAL.—Subchapter I of chapter 201, as

7 amended by section 107 of this Act, is amended by adding

8 at the end the following:

9 ‘‘§ 20120. Enforcement Report.

10 ‘‘(a) IN GENERAL.—Not later than December 31, 2008,

11 the Secretary of Transportation shall make available to the

12 public and publish on its public website an annual report

13 that—

14 ‘‘(1) provides a summary of railroad safety and

15 hazardous materials compliance inspections and au16 dits that Federal or State inspectors conducted in the

17 prior fiscal year organized by type of alleged viola18 tion, including track, motive power and equipment,

19 signal, grade crossing, operating practices, accident

20 and incidence reporting, and hazardous materials;

21 ‘‘(2) provides a summary of all enforcement ac22 tions taken by the Secretary or the Federal Railroad

23 Administration during the prior fiscal year,

24 including—
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1 ‘‘(A) the number of civil penalties assessed

2 against railroad carriers, hazardous material

3 shippers, and individuals;

4 ‘‘(B) the initial amount of civil penalties

5 assessed against railroad carriers, hazardous ma6 terials shippers, and individuals;

7 ‘‘(C) the number of civil penalty cases set8 tled against railroad carriers, hazardous mate9 rial shippers, and individuals;

10 ‘‘(D) the final amount of civil penalties as11 sessed against railroad carriers, hazardous mate12 rials shippers, and individuals;

13 ‘‘(E) the difference between the initial and

14 final amounts of civil penalties assessed against

15 railroad carriers, hazardous materials shippers,

16 and individuals;

17 ‘‘(F) the number of administrative hearings

18 requested and completed related to hazardous

19 materials transportation law violations or en20 forcement actions against individuals;

21 ‘‘(G) the number of cases referred to the At22 torney General for civil or criminal prosecution;

23 ‘‘(H) the number and subject matter of all

24 compliance orders, emergency orders or precursor

25 agreements;
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1 ‘‘(3) analyzes the effect of the number of inspec2 tions conducted and enforcement actions taken on the

3 number and rate of reported accidents and incidents

4 and railroad safety;

5 ‘‘(4) identifies the number of locomotive engineer

6 certification denial or revocation cases appealed to

7 and the average length of time it took to be decided

8 by—

9 ‘‘(A) the Locomotive Engineer Review

10 Board;

11 ‘‘(B) an Administrative Hearing Officer or

12 Administrative Law Judge; or

13 ‘‘(C) the Administrator of the Federal Rail14 road Administration;

15 ‘‘(5) provides any explanation regarding changes

16 in the Secretary’s or the Federal Railroad Adminis17 tration’s enforcement programs or policies that may

18 substantially affect the information reported; and

19 ‘‘(6) includes any additional information that

20 the Secretary determines is useful to improve the

21 transparency of its enforcement program.’’.

22 (b) CONFORMING AMENDMENT.—The chapter analysis

23 for chapter 201, as amended by section 107 of this Act, is

24 amended by inserting after the item relating to section

25 20119 the following:

‘‘20120. Enforcement report’’.
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1 SEC. 304. PROHIBITION OF INDIVIDUALS FROM PER2 FORMING SAFETY-SENSITIVE FUNCTIONS

3 FOR A VIOLATION OF HAZARDOUS MATE4 RIALS TRANSPORTATION LAW.

5 Section 20111(c) is amended to read as follows:

6 ‘‘(c) ORDERS PROHIBITING INDIVIDUALS FROM PER7 FORMING SAFETY-SENSITIVE FUNCTIONS.—

8 ‘‘(1) If an individual’s violation of this part,

9 chapter 51 of this title, or a regulation prescribed, or

10 an order issued, by the Secretary under this part or

11 chapter 51 of this title is shown to make that indi12 vidual unfit for the performance of safety-sensitive

13 functions, the Secretary, after providing notice and

14 an opportunity for a hearing, may issue an order

15 prohibiting the individual from performing safety16 sensitive functions in the railroad industry for a spec17 ified period of time or until specified conditions are

18 met.

19 ‘‘(2) This subsection does not affect the Sec20 retary’s authority under section 20104 of this title to

21 act on an emergency basis.’’.

22 SEC. 305. RAILROAD RADIO MONITORING AUTHORITY.

23 Section 20107 is amended by inserting at the end the

24 following:

25 ‘‘(c) RAILROAD RADIO COMMUNICATIONS.—
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1 ‘‘(1) IN GENERAL.—To carry out the Secretary’s

2 responsibilities under this part and under chapter 51,

3 the Secretary may authorize officers, employees, or

4 agents of the Secretary to conduct, with or without

5 making their presence known, the following activities

6 in circumstances the Secretary finds to be reasonable:

7 ‘‘(A) Intercepting a radio communication,

8 with or without the consent of the sender or other

9 receivers of the communication, but only where

10 such communication is broadcast or transmitted

11 over a radio frequency which is—

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

13 railroad carriers by the Federal Commu14 nications Commission; and

15 ‘‘(ii) primarily used by such railroad

16 carriers for communications in connection

17 with railroad operations.

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

19 substance, purport, effect, or meaning of the com20 munication, subject to the restrictions in para21 graph (3).

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

23 communication (or any information therein con24 tained).
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1 ‘‘(D) Disclosing the contents, substance,

2 purport, effect, or meaning of the communication

3 (or any part thereof of such communication) or

4 using the communication (or any information

5 contained therein), subject to the restrictions in

6 paragraph (3), after having received the commu7 nication or acquired knowledge of the contents,

8 substance, purport, effect, or meaning of the com9 munication (or any part thereof).

10 ‘‘(E) Recording the communication by any

11 means, including writing and tape recording.

12 ‘‘(2) ACCIDENT PREVENTION AND ACCIDENT IN13 VESTIGATION.—The Secretary, and officers, employ14 ees, and agents of the Department of Transportation

15 authorized by the Secretary, may engage in the ac16 tivities authorized by paragraph (1) for the purpose

17 of accident prevention and accident investigation.

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

19 obtained through activities authorized by paragraphs

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

21 administrative or judicial proceeding except—

22 ‘‘(i) in a prosecution of a felony under Fed23 eral or State criminal law; or

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

25 other than the Federal Government regarding the
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1 existence, electronic characteristics, content, sub2 stance, purport, effect, meaning, or timing of, or

3 identity of parties to, a communication inter4 cepted pursuant to paragraphs (1) and (2) in

5 proceedings pursuant to section 5122, 5123,

6 20702(b), 20111, 20112, 20113, or 20114 of this

7 title.

8 ‘‘(B) If information obtained through activities

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

10 evidence for impeachment purposes in accordance

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

12 judge, or other officer before whom the proceeding is

13 conducted may make such protective orders regarding

14 the confidentiality or use of the information as may

15 be appropriate in the circumstances to protect pri16 vacy and administer justice.

17 ‘‘(C) No evidence shall be excluded in an admin18 istrative or judicial proceeding solely because the gov19 ernment would not have learned of the existence of or

20 obtained such evidence but for the interception of in21 formation that is not admissible in such proceeding

22 under subparagraph (A).

23 ‘‘(D) Information obtained through activities set

24 forth in paragraphs (1) and (2) shall not be subject
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1 to publication or disclosure, or search or review in

2 connection therewith, under section 552 of title 5.

3 ‘‘(E) Nothing in this subsection shall be con4 strued to impair or otherwise affect the authority of

5 the United States to intercept a communication, and

6 collect, retain, analyze, use, and disseminate the in7 formation obtained thereby, under a provision of law

8 other than this subsection.

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

10 705 of the Communications Act of 1934 (47 U.S.C.

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

12 conduct authorized by and pursuant to this sub13 section.’’.

14 SEC. 306. EMERGENCY WAIVERS.

15 Section 20103 is amended—

16 (1) by striking subsection (e) and inserting the

17 following:

18 ‘‘(e) HEARINGS.—Except as provided in subsection (g)

19 of this section, the Secretary shall conduct a hearing as pro20 vided by section 553 of title 5 when prescribing a regulation

21 or issuing an order under this chapter, including a regula22 tion or order establishing, amending, or waiving compli23 ance with a railroad safety regulation prescribed or order

24 issued under this chapter. An opportunity for an oral pres25 entation shall be provided.’’; and
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1 (2) by adding at the end thereof the following:

2 ‘‘(g) EMERGENCY WAIVERS.—

3 ‘‘(1) IN GENERAL.—The Secretary shall prescribe

4 procedures concerning the handling of requests for

5 waivers of regulations prescribed or orders issued

6 under this chapter in emergency situations and may

7 prescribe temporary emergency waiver procedures

8 without first providing an opportunity for public

9 comment. The Secretary may grant a waiver request

10 if the waiver is directly related to the emergency event

11 or necessary to aid in any recovery efforts and is in

12 the public interest and consistent with railroad safety.

13 The relief shall not extend for a period of more than

14 9 months, including the period of the relief granted

15 under any renewal of the waiver pursuant to the

16 emergency waiver procedures. For matters that may

17 impact the missions of the Department of Homeland

18 Security, the Secretary of Transportation shall con19 sult and coordinate with the Secretary of Homeland

20 Security as soon as practicable.

21 ‘‘(2) WAIVER BEFORE HEARING.—If, under the emer22 gency waiver procedures established under paragraph (1)

23 of this subsection, the Secretary determines the public inter24 est would be better served by addressing a request for waiver

25 prior to providing an opportunity for a hearing under sec-
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1 tion 553 of title 5 and an oral presentation, the Secretary

2 may act on the waiver request and, if the request is granted,

3 the Secretary shall subsequently provide notice and an op4 portunity for a hearing and oral presentation pursuant to

5 procedures prescribed under paragraph (1) of this sub6 section. Should the Secretary receive comment or a request

7 for oral presentation on a waiver request after granting the

8 waiver, the Secretary may take any necessary action with

9 regard to that waiver (including rescission or modification)

10 based on the newly acquired information.

11 ‘‘(3) EMERGENCY SITUATION; EMERGENCY EVENT.—In

12 this subsection, the terms ‘emergency situation’ and ‘emer13 gency event’ mean a natural or manmade disaster, such as

14 a hurricane, flood, earthquake, mudslide, forest fire, snow15 storm, terrorist act, biological outbreak, release of a dan16 gerous radiological, chemical, explosive, or biological mate17 rial, or a war-related activity, that poses a risk of death,

18 serious illness, severe injury, or substantial property dam19 age. The disaster may be local, regional, or national in

20 scope.’’.

21 SEC. 307. FEDERAL RAIL SECURITY OFFICERS’ ACCESS TO

22 INFORMATION.

23 (a) AMENDMENT.—Chapter 281 is amended by adding

24 at the end thereof the following:
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1 ‘‘§ 28104. Federal rail security officers’ access to infor2 mation

3 ‘‘(a) ACCESS TO RECORDS OR DATABASE SYSTEMS BY

4 THE ADMINISTRATOR OF THE FEDERAL RAILROAD ADMIN5 ISTRATION.—

6 ‘‘(1) IN GENERAL.—The Administrator of the

7 Federal Railroad Administration is authorized to

8 have access to a system of documented criminal jus9 tice information maintained by the Department of

10 Justice or by a State for the purpose of carrying out

11 the civil and administrative responsibilities of the

12 Administrator to protect the safety, including secu13 rity, of railroad operations and for other purposes au14 thorized by law, including the National Crime Pre15 vention and Privacy Compact (42 U.S.C. 14611-

16 14616). The Administrator shall be subject to the

17 same conditions or procedures established by the De18 partment of Justice or State for access to such an in19 formation system by other governmental agencies with

20 access to the system.

21 ‘‘(2) LIMITATION.—The Administrator may not

22 use the access authorized under paragraph (1) to con23 duct criminal investigations.

24 ‘‘(b) DESIGNATED EMPLOYEES OF THE FEDERAL

25 RAILROAD ADMINISTRATION.—The Administrator shall, by

26 order, designate each employee of the Administration whose
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1 primary responsibility is rail security who shall carry out

2 the authority described in subsection (a). The Adminis3 trator shall strictly limit access to a system of documented

4 criminal justice information to persons with security re5 sponsibilities and with appropriate security clearances.

6 Such a designated employee may, insofar as authorized or

7 permitted by the National Crime Prevention and Privacy

8 Compact or other law or agreement governing an affected

9 State with respect to such a State—

10 ‘‘(1) have access to and receive criminal history,

11 driver, vehicle, and other law enforcement informa12 tion contained in the law enforcement databases of the

13 Department of Justice, or of any jurisdiction in a

14 State in the same manner as a police officer employed

15 by a State or local authority of that State who is cer16 tified or commissioned under the laws of that State;

17 ‘‘(2) use any radio, data link, or warning system

18 of the Federal Government and of any jurisdiction in

19 a State that provides information about wanted per20 sons, be-on-the-lookout notices, or warrant status or

21 other officer safety information to which a police offi22 cer employed by a State or local authority in that

23 State who is certified or commissioned under the laws

24 of that State has access and in the same manner as

25 such police officer; or
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1 ‘‘(3) receive Federal, State, or local government

2 communications with a police officer employed by a

3 State or local authority in that State in the same

4 manner as a police officer employed by a State or

5 local authority in that State who is commissioned

6 under the laws of that State.

7 ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE IN8 FORMATION DEFINED.—In this section, the term ‘system of

9 documented criminal justice information’ means any law

10 enforcement database, systems, or communications con11 taining information concerning identification, criminal

12 history, arrests, convictions, arrest warrants, or wanted or

13 missing persons, including the National Crime Information

14 Center and its incorporated criminal history databases and

15 the National Law Enforcement Telecommunications Sys16 tem.’’.

17 (b) CONFORMING AMENDMENT.—The chapter analysis

18 for chapter 281 is amended by adding at the end the fol19 lowing:

‘‘28104. Federal rail officers’ access to information’’.

20 SEC. 308. UPDATE OF FEDERAL RAILROAD ADMINISTRA21 TION’S WEBSITE.

22 (a) IN GENERAL.—The Secretary shall update the Fed23 eral Railroad Administration’s public website to better fa24 cilitate the ability of the public, including those individuals

25 who are not regular users of the public website, to find cur-
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1 rent information regarding the Federal Railroad Adminis2 tration’s activities.

3 (b) PUBLIC REPORTING OF VIOLATIONS.—On the Fed4 eral Railroad Administration’s public website’s home page,

5 the Secretary shall provide a mechanism for the public to

6 submit written reports of potential violations of Federal

7 railroad safety and hazardous materials transportation

8 laws, regulations and orders to the Federal Railroad Ad9 ministration.

10 TITLE IV—RAILROAD SAFETY

11 ENHANCEMENTS

12 SEC. 401. EMPLOYEE TRAINING.

13 (a) IN GENERAL.—Subchapter II of chapter 201, as

14 amended by section 208 of this Act, is further amended by

15 adding at the end the following:

16 ‘‘§ 20162. Employee training

17 ‘‘(a) IN GENERAL.—Not later than 1 year after the

18 date of enactment of the Railroad Safety Enhancement Act

19 of 2008, the Secretary of Transportation shall prescribe reg20 ulations requiring railroad carriers and railroad carrier

21 contractors and subcontractors to develop training plans for

22 crafts and classes of employees, as the Secretary determines

23 appropriate.

24 ‘‘(b) CONTENTS.—The Secretary shall require that

25 each training plan—
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1 ‘‘(1) clearly identify the class of craft of employ2 ees to which the plan applies;

3 ‘‘(2) require that employees be trained on the re4 quirements of relevant Federal railroad safety laws,

5 regulations, and orders;

6 ‘‘(3) require employees to be tested or otherwise

7 demonstrate their proficiency in the subject matter of

8 the training; and

9 ‘‘(4) contain any other relevant information that

10 the Secretary deems appropriate.

11 ‘‘(c) SUBMISSION FOR APPROVAL.—The Secretary

12 shall require each railroad carrier, railroad carrier con13 tractor, and railroad carrier subcontractor to submit its

14 training plan to the Federal Railroad Administration for

15 review and approval.

16 ‘‘(d) EXEMPTION.—The Secretary may exempt rail17 road carriers and railroad carrier contractors and sub18 contractors from submitting training plans covering em19 ployees for which the Secretary has issued training regula20 tions before the date of enactment of the Railroad Safety

21 Enhancement Act of 2008.’’.

22 (b) CONFORMING AMENDMENT.—The chapter analysis

23 for chapter 201, as amended by section 208 of this Act, is

24 further amended by adding at the end thereof the following:

‘‘20162. Employee training’’.
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1 SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES

2 OF EMPLOYEES.

3 (a) REPORT.—Not later than 1 year after the date of

4 enactment of this Act, the Secretary shall issue a report to

5 the Senate Committee on Commerce, Science, and Trans6 portation and the House of Representatives Committee on

7 Transportation and Infrastructure about whether the cer8 tification of certain crafts or classes of railroad carrier or

9 railroad carrier contractor or subcontractor employees is

10 necessary to reduce the number and rate of accidents and

11 incidents or to improve railroad safety.

12 (b) CRAFTS AND CLASSES TO BE CONSIDERED.—As

13 part of the report, the Secretary shall consider—

14 (1) conductors;

15 (2) car repair and maintenance employees;

16 (3) onboard service workers;

17 (4) rail welders;

18 (5) dispatchers;

19 (6) signal repair and maintenance employees;

20 and

21 (7) any other craft or class of employees that the

22 Secretary determines appropriate.

23 (c) REGULATIONS.—The Secretary may prescribe reg24 ulations requiring the certification of certain crafts or class25 es of employees that the Secretary determines pursuant to

26 the report required by subsection (a) are necessary to reduce
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1 the number and rate of accidents and incidents or to im2 prove railroad safety.

3 SEC. 403. TRACK INSPECTION TIME STUDY.

4 (a) STUDY.—Not later that 2 years after the date of

5 enactment of this Act, the Secretary shall—

6 (1) complete a study to determine whether—

7 (A) the required intervals of track inspec8 tions for each class of track should be amended;

9 (B) track remedial action requirements

10 should be amended;

11 (C) different track inspection and repair

12 priorities or methods should be required; and

13 (2) issue recommendations for changes to the

14 Federal track safety standards in part 213 of title 49,

15 Code of Federal Regulations, based on the results of

16 the study.

17 (b) CONSIDERATIONS.—In conducting the study the

18 Secretary shall consider—

19 (1) the most current rail flaw, rail defect growth,

20 rail fatigue, and other relevant track- or rail-related

21 research and studies;

22 (2) the availability and feasibility of developing

23 and implementing new or novel rail inspection tech24 nology for routine track inspections;
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1 (3) information from National Transportation

2 Safety Board or Federal Railroad Administration ac3 cident investigations where track defects were the

4 cause or a contributing cause; and

5 (4) other relevant information, as determined by

6 the Secretary.

7 (c) UPDATE OF REGULATIONS.—Not later than 2 years

8 after the completion of the study required by subsection (b),

9 the Secretary shall prescribe regulations implementing the

10 recommendations of the study.

11 SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT

12 STATION PLATFORM GAPS.

13 Not later than 2 years after the enactment of this Act,

14 the Secretary shall complete a study to determine the most

15 safe, efficient, and cost-effective way to improve the safety

16 of rail passenger station platforms gaps in order to increase

17 compliance with the requirements under the Americans

18 with Disabilities Act (42 U.S.C. 12101 et seq.), including

19 regulations issued pursuant to section 504 of such Act (42

20 U.S.C. 12204) and to minimize the safety risks associated

21 with such gaps for railroad passengers and employees.

22 SEC. 405. LOCOMOTIVE CAB STUDIES.

23 (a) IN GENERAL.—Not later than 1 year after the date

24 of enactment of this Act, the Secretary, through the Rail25 road Safety Advisory Committee if the Secretary makes
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1 such a request, shall complete a study on the safety impact

2 of the use of personal electronic devices, including cell

3 phones, video games, and other distracting devices, by safe4 ty-related railroad employees (as defined in section

5 20102(4) of title 49, United States Code), during the per6 formance of such employees’ duties. The study shall consider

7 the prevalence of the use of such devices.

8 (b) LOCOMOTIVE CAB ENVIRONMENT.—The Secretary

9 may also study other elements of the locomotive cab environ10 ment and their effect on an employee’s health and safety.

11 (c) REPORT.—Not later than 6 months after the com12 pletion of any study under this section, the Secretary shall

13 issue a report on the study to the Senate Committee on

14 Commerce, Science, and Transportation and the House of

15 Representatives Committee on Transportation and Infra16 structure.

17 (d) AUTHORITY.—Based on the conclusions of the

18 study required under (a), the Secretary of Transportation

19 may prohibit the use of personal electronic devices, such as

20 cell phones, video games, or other electronic devices that

21 may distract employees from safely performing their duties,

22 unless those devices are being used according to railroad

23 operating rules or for other work purposes. Based on the

24 conclusions of other studies conducted under subsection (b),

25 the Secretary may prescribe regulations to improve ele-
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1 ments of the cab environment to protect an employee’s

2 health and safety.

3 SEC. 406. RAILROAD SAFETY TECHNOLOGY GRANTS.

4 (a) IN GENERAL.—Subchapter II of chapter 201, as

5 amended by section 401 of this Act, is further amended by

6 adding at the end thereof the following:

7 ‘‘§ 20163. Railroad safety technology grants

8 ‘‘(a) GRANT PROGRAM.—The Secretary of Transpor9 tation shall establish a grant program for the deployment

10 of train control technologies, train control component tech11 nologies, processor-based technologies, electronically con12 trolled pneumatic brakes, rail integrity inspection systems,

13 rail integrity warning systems, switch position indicators,

14 remote control power switch technologies, track integrity

15 circuit technologies, and other new or novel railroad safety

16 technology.

17 ‘‘(b) GRANT CRITERIA.—

18 ‘‘(1) ELIGIBILITY.—Grants shall be made under

19 this section to eligible passenger and freight railroad

20 carriers, railroad suppliers, and State and local gov21 ernments for projects described in subsection (a) that

22 have a public benefit of improved safety and network

23 efficiency.

24 ‘‘(2) CONSIDERATIONS.—Priority shall be given

25 to projects that—
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1 ‘‘(A) focus on making technologies inter2 operable between railroad systems, such as train

3 control technologies;

4 ‘‘(B) provide incentives for train control

5 technology deployment on high-risk corridors,

6 such as those that have high volumes of haz7 ardous materials shipments or over which com8 muter or passenger trains operate; or

9 ‘‘(C) benefit both passenger and freight safe10 ty and efficiency.

11 ‘‘(3) TECHNOLOGY IMPLEMENTATION PLAN.—

12 Grants may not be awarded under this section to en13 tities that fail to develop and submit to the Secretary

14 a technology implementation plan as required by sec15 tion 20157(d)(2).

16 ‘‘(4) MATCHING REQUIREMENTS.—Federal funds

17 for any eligible project under this section shall not ex18 ceed 50 percent of the total cost of such project.

19 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

20 authorized to be appropriated to the Secretary of Transpor21 tation $10,000,000 for each of fiscal years 2008 through

22 2013 to carry out this section. Amounts appropriated pur23 suant to this section shall remain available until ex24 pended.’’.
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1 (b) CONFORMING AMENDMENT.—The chapter analysis

2 for chapter 201, as amended by section 401 of this Act, is

3 further amended by inserting after the item relating to sec4 tion 20163 the following:

‘‘20163. Railroad safety technology grants’’.

5 SEC. 407. RAILROAD SAFETY INFRASTRUCTURE IMPROVE6 MENT GRANTS.

7 (a) IN GENERAL.—Subchapter II of chapter 201, as

8 amended by section 406 of this Act, is further amended by

9 adding at the end thereof the following:

10 ‘‘§ 20164. Railroad safety infrastructure improvement

11 grants

12 ‘‘(a) GRANT PROGRAM.—The Secretary of Transpor13 tation shall establish a grant program for safety improve14 ments to railroad infrastructure, including the acquisition,

15 improvement, or rehabilitation of intermodal or rail equip16 ment or facilities, including track, bridges, tunnels, yards,

17 buildings, passenger stations, facilities, and maintenance

18 and repair shops.

19 ‘‘(b) ELIGIBILITY.—Grants shall be made under this

20 section to eligible passenger and freight railroad carriers,

21 and State and local governments for projects described in

22 subsection (a).

23 ‘‘(c) CONSIDERATIONS.—In awarding grants the Sec24 retary shall consider, at a minimum—
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1 ‘‘(1) the age and condition of the rail infrastruc2 ture of the applicant;

3 ‘‘(2) the railroad’s safety record, including acci4 dent and incident numbers and rates;

5 ‘‘(3) the volume of hazardous materials trans6 ported by the railroad;

7 ‘‘(4) the operation of passenger trains over the

8 railroad; and

9 ‘‘(5) whether the railroad has submitted a rail10 road safety risk reduction program, as required by

11 section 20157.

12 ‘‘(d) MATCHING REQUIREMENTS.—Federal funds for

13 any eligible project under this section shall not exceed 50

14 percent of the total cost of such project.

15 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

16 authorized to be appropriated to the Secretary of Transpor17 tation $7,500,000 for each of fiscal years 2008 through 2013

18 to carry out this section. Amounts appropriated pursuant

19 to this subsection shall remain available until expended.’’.

20 (b) CONFORMING AMENDMENT.—The chapter analysis

21 for chapter 201, as amended by section 406 of this Act, is

22 amended by inserting after the item relating to section

23 20163 the following:

‘‘20164. Railroad safety infrastructure improvement grants’’.
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1 SEC. 408. AMENDMENT TO THE MOVEMENT-FOR-REPAIR

2 PROVISION.

3 Section 20303 is amended by adding at the end the

4 following:

5 ‘‘(d) ADDITIONAL CONDITIONS FOR MOVEMENT TO

6 MAKE REPAIRS TO DEFECTIVE OR INSECURE VEHICLES.—

7 ‘‘(1) IN GENERAL.—The Secretary of Transpor8 tation may impose conditions for the movement of a

9 defective or insecure vehicle to make repairs in addi10 tion to those conditions set forth in subsection (a) by

11 prescribing regulations or issuing orders as necessary.

12 ‘‘(2) NECESSITY OF MOVEMENT.—The movement

13 of a defective or insecure vehicle from a location may

14 be necessary to make repairs of the vehicle even

15 though a mobile repair truck capable of making the

16 repairs has gone to the location on an irregular basis

17 (as specified in regulations prescribed by the Sec18 retary).

19 ‘‘(e) DEFINITIONS.—In this section:

20 ‘‘(1) NEAREST.—The term ‘nearest’ means the

21 closest in the forward direction of travel for the defec22 tive or insecure vehicle.

23 ‘‘(2) PLACE AT WHICH THE REPAIRS CAN BE

24 MADE.—The term ‘place at which the repairs can be

25 made’ means—
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1 ‘‘(A) a location with a fixed facility for con2 ducting the repairs that are necessary to bring

3 the defective or insecure vehicle into compliance

4 with this chapter; or

5 ‘‘(B) a location where a mobile repair truck

6 capable of making the repairs that are necessary

7 to bring the defective or insecure vehicle into

8 compliance with this chapter makes the same

9 kind of repair at the location regularly (as speci10 fied in regulations prescribed by the Sec11 retary).’’.

12 SEC. 409. DEVELOPMENT AND USE OF RAIL SAFETY TECH13 NOLOGY.

14 (a) IN GENERAL.—Subchapter II of chapter 201, as

15 amended by section 407 of this Act, is further amended by

16 adding at the end the following new section:

17 ‘‘§ 20165. Development and use of rail safety tech18 nology

19 ‘‘(a) IN GENERAL.—Not later than 1 year after enact20 ment of the Railroad Safety Enhancement Act of 2008, the

21 Secretary of Transportation shall prescribe standards,

22 guidance, regulations, or orders governing the development,

23 use, and implementation of rail safety technology in dark

24 territory, in arrangements not defined in section 20501 or
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1 otherwise not covered by Federal standards, guidance, regu2 lations, or orders that ensures its safe operation, such as—

3 ‘‘(1) switch position monitoring devices;

4 ‘‘(2) radio, remote control or other power-assisted

5 switches;

6 ‘‘(3) hot box, high water or earthquake detectors;

7 ‘‘(4) remote control locomotive zone limiting de8 vices;

9 ‘‘(5) slide fences;

10 ‘‘(6) grade crossing video monitors;

11 ‘‘(7) track integrity warning systems;

12 ‘‘(8) or other similar rail safety technologies, as

13 determined by the Secretary.

14 ‘‘(b) DARK TERRITORY DEFINED.—In this section, the

15 term ‘dark territory’ means any territory in a railroad sys16 tem that does not have a signal or train control system in17 stalled or operational.’’.

18 (b) CONFORMING AMENDMENT.—The chapter analysis

19 for chapter 201, as amended by section 407 of this Act, is

20 amended by inserting after the item relating to section

21 20164 the following:

‘‘20165. Development and use of rail safety technology’’.

22 SEC. 410. EMPLOYEE SLEEPING QUARTERS.

23 Section 21106 is amended—

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

25 railroad carrier’’;
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1 (2) by striking ‘‘sanitary and give those employ2 ees and individuals an opportunity for rest free from

3 the interruptions caused by noise under the control of

4 the carrier;’’ in paragraph (1) and inserting ‘‘sani5 tary, give those employees and individuals an oppor6 tunity for rest free from the interruptions caused by

7 noise under the control of the carrier, and provide in8 door toilet facilities, potable water, and other features

9 to protect the health of employees;’’ and

10 (3) by adding at the end the following:

11 ‘‘(b) CAMP CARS.—No later than 12 months after the

12 date of enactment of the Railroad Safety Enhancement Act

13 of 2008, the Secretary, in consultation with the Secretary

14 of Labor, shall prescribe regulations governing the use of

15 camp cars, pursuant to subsection (a)(1), for employees and

16 any individuals employed to maintain the right of way of

17 a railroad carrier. The regulations may also prohibit the

18 use of camp cars, if necessary, to protect the health and

19 safety of the employees.’’.

20 SEC. 411. EMPLOYEE PROTECTIONS.

21 Section 20109(a) is amended—

22 (1) by redesignating paragraphs (5) through (7)

23 as paragraphs (6) through (8), respectively; and

24 (2) by inserting after paragraph (4) the fol25 lowing:
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1 ‘‘(5) to request that a railroad carrier provide

2 first aid, prompt medical treatment, or transpor3 tation to an appropriate medical facility or hospital

4 after being injured during the course of employment,

5 or to comply with treatment prescribed by a physi6 cian or licensed health care professional, except that

7 a railroad carrier’s refusal to permit an employee to

8 return to work upon that employee’s release by his or

9 her physician or licensed health care professional

10 shall not be considered discrimination if the refusal is

11 in compliance with the carrier’s medical standards

12 for fitness for duty;’’.

13 SEC. 412. UNIFIED TREATMENT OF FAMILIES OF RAILROAD

14 CARRIERS.

15 Section 20102(3), as redesignated by section 2(b) of

16 this Act, is amended to read as follows:

17 ‘‘(3) ‘railroad carrier’ means a person providing

18 railroad transportation, except that, upon petition by

19 a group of commonly controlled railroad carriers that

20 the Secretary determines is operating within the

21 United States as a single, integrated rail system, the

22 Secretary may by order treat the group of railroad

23 carriers as a single railroad carrier for purposes of

24 one or more provisions of part A, subtitle V of this

25 title and implementing regulations and order, subject
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1 to any appropriate conditions that the Secretary may

2 impose.’’.

3 SEC. 413. STUDY OF REPEAL OF CONRAIL PROVISION.

4 Within 1 year after the date of enactment of this Act,

5 the Secretary shall complete a study of the impacts of re6 pealing section 711 of the Regional Rail Reorganization Act

7 of 1973 (45 U.S.C. 797j). Within 6 months after completing

8 the study, the Secretary shall transmit a report with the

9 Secretary’s findings, conclusions, and recommendations to

10 the Senate Committee on Commerce, Science, and Trans11 portation and the House of Representatives Committee on

12 Transportation and Infrastructure.

13 SEC. 414. LIMITATIONS ON NON-FEDERAL ALCOHOL AND

14 DRUG TESTING BY RAILROAD CARRIERS.

15 (a) IN GENERAL.—Chapter 20l, as amended by section

16 409, is further amended by adding at the end the following:

17 ‘‘§ 20166. Limitations on non-Federal alcohol and

18 drug testing

19 ‘‘(a) TESTING REQUIREMENTS.—Any non-Federal al20 cohol and drug testing program of a railroad carrier must

21 provide that all post-employment tests of the specimens of

22 employees who are subject to both the program and chapter

23 211 of this title be conducted using a scientifically recog24 nized method of testing capable of determining the presence
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1 of the specific analyte at a level above the cut-off level estab2 lished by the carrier.

3 ‘‘(b) REDRESS PROCESS.—Each railroad carrier that

4 has a non-Federal alcohol and drug testing program must

5 provide a redress process to its employees who are subject

6 to both the alcohol and drug testing program and chapter

7 211 of this title for such an employee to petition for and

8 receive a carrier hearing to review his or her specimen test

9 results that were determined to be in violation of the pro10 gram. A dispute or grievance raised by a railroad carrier

11 or its employee, except a probationary employee, in connec12 tion with the carrier’s alcohol and drug testing program

13 and the application of this section is subject to resolution

14 under section 3 of the Railway Labor Act (45 U.S.C. 153).’’.

15 (b) CONFORMING AMENDMENT.—The chapter analysis

16 for chapter 201, as amended by section 409 of this Act, is

17 further amended by inserting after the item relating to sec18 tion 20165 the following:

‘‘20166. Limitations on non-Federal alcohol and drug testing by railroad carriers’’.

19 SEC. 415. CRITICAL INCIDENT STRESS PLAN.

20 (a) IN GENERAL.—The Secretary of Transportation,

21 in consultation with the Secretary of Labor and the Sec22 retary of Health and Human Services, as appropriate, shall

23 require each Class I railroad carrier, each intercity pas24 senger railroad carrier, and each commuter railroad carrier
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1 to develop and submit for approval to the Secretary a crit2 ical incident stress plan that provides for debriefing, coun3 seling, guidance, and other appropriate support services to

4 be offered to an employee affected by a critical incident.

5 (b) PLAN REQUIREMENTS.—Each such plan shall in6 clude provisions for—

7 (1) relieving an employee who was involved in a

8 critical incident of his or her duties for the balance

9 of the duty tour, following any actions necessary for

10 the safety of persons and contemporaneous docu11 mentation of the incident;

12 (2) upon the employee’s request, relieving an em13 ployee who witnessed a critical incident of his or her

14 duties following any actions necessary for the safety

15 of persons and contemporaneous documentation of the

16 incident; and

17 (3) providing such leave from normal duties as

18 may be necessary and reasonable to receive preventive

19 services, treatment, or both, related to the incident.

20 (c) SECRETARY TO DEFINE WHAT CONSTITUTES A

21 CRITICAL INCIDENT.—Within 30 days after the date of en22 actment of this Act, the Secretary shall initiate a rule23 making proceeding to define the term ‘‘critical incident’’

24 for the purposes of this section.
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1 SEC. 416. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RA2 DIATION STUDY.

3 (a) STUDY.—The Secretary of Transportation shall, in

4 consultation with the Secretary of Energy, the Secretary of

5 Labor, the Administrator of the Environmental Protection

6 Agency, and the Chairman of the Nuclear Regulatory Com7 mission, as appropriate, conduct a study of the potential

8 hazards to which employees of railroad carriers and rail9 road contractors or subcontractors are exposed during the

10 transportation of high-level radioactive waste and spent nu11 clear fuel (as defined in section 5101(a) of title 49, United

12 States Code), supplementing the report submitted under sec13 tion 5101(b) of that title, which may include—

14 (1) an analysis of the potential application of

15 ‘‘as low as reasonably achievable’’ principles for expo16 sure to radiation to such employees with an emphasis

17 on the need for special protection from radiation ex18 posure for such employees during the first trimester of

19 pregnancy or who are undergoing or have recently

20 undergone radiation therapy;

21 (2) the feasibility of requiring real-time dosim22 etry monitoring for such employees;

23 (3) the feasibility of requiring routine radiation

24 exposure monitoring in fixed railroad locations, such

25 as yards and repair facilities; and
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1 (4) a review of the effectiveness of the Depart2 ment of Transportation packaging requirements for

3 radioactive materials.

4 (b) REPORT.—No later than 18 months after the date

5 of enactment of this Act, the Secretary of Transportation

6 shall transmit a report on the results of the study required

7 by subsection (a) and any recommendations to further pro8 tect employees of a railroad carrier or of a contractor or

9 subcontractor to a railroad carrier from unsafe exposure to

10 radiation during the transportation of high-level radio11 active waste and spent nuclear fuel to the Senate Committee

12 on Commerce, Science, and Transportation and the House

13 of Representatives Committee on Transportation and Infra14 structure.

15 (c) REGULATORY AUTHORITY.—The Secretary of

16 Transportation may issue regulations that the Secretary de17 termines appropriate, pursuant to the report required by

18 subsection (b), to protect railroad employees from unsafe ex19 posure to radiation during the transportation of radioactive

20 materials.

21 SEC. 417. ALCOHOL AND CONTROLLED SUBSTANCE TEST22 ING FOR MAINTENANCE-OF-WAY EMPLOYEES.

23 Not later than 2 years following the date of enactment

24 of this Act, the Secretary of Transportation shall complete

25 a rulemaking proceeding to revise the regulations prescribed
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1 under section 20140 of title 49, United States Code, to cover

2 all employees of railroad carriers and contractors or sub3 contractors to railroad carriers who perform maintenance4 of-way activities.

5 TITLE V—RAIL PASSENGER

6 DISASTER FAMILY ASSISTANCE

7 SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION

8 SAFETY BOARD TO FAMILIES OF PASSENGERS

9 INVOLVED IN RAIL PASSENGER ACCIDENTS.

10 (a) IN GENERAL.—Chapter 11 is amended by adding

11 at the end of subchapter III the following:

12 ‘‘§ 1139. Assistance to families of passengers involved

13 in rail passenger accidents

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

15 notified of a rail passenger accident within the United

16 States involving a rail passenger carrier and resulting in

17 a major loss of life, the Chairman of the National Transpor18 tation Safety Board shall—

19 ‘‘(1) designate and publicize the name and phone

20 number of a director of family support services who

21 shall be an employee of the Board and shall be re22 sponsible for acting as a point of contact within the

23 Federal Government for the families of passengers in24 volved in the accident and a liaison between the rail

25 passenger carrier and the families; and
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1 ‘‘(2) designate an independent nonprofit organi2 zation, with experience in disasters and posttrauma

3 communication with families, which shall have pri4 mary responsibility for coordinating the emotional

5 care and support of the families of passengers in6 volved in the accident.

7 ‘‘(b) RESPONSIBILITIES OF THE BOARD.—The Board

8 shall have primary Federal responsibility for—

9 ‘‘(1) facilitating the recovery and identification

10 of fatally injured passengers involved in an accident

11 described in subsection (a); and

12 ‘‘(2) communicating with the families of pas13 sengers involved in the accident as to the roles of—

14 ‘‘(A) the organization designated for an ac15 cident under subsection (a)(2);

16 ‘‘(B) Government agencies; and

17 ‘‘(C) the rail passenger carrier involved,

18 with respect to the accident and the post-accident ac19 tivities.

20 ‘‘(c) RESPONSIBILITIES OF DESIGNATED ORGANIZA21 TION.—The organization designated for an accident under

22 subsection (a)(2) shall have the following responsibilities

23 with respect to the families of passengers involved in the

24 accident:
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1 ‘‘(1) To provide mental health and counseling

2 services, in coordination with the disaster response

3 team of the rail passenger carrier involved.

4 ‘‘(2) To take such actions as may be necessary

5 to provide an environment in which the families may

6 grieve in private.

7 ‘‘(3) To meet with the families who have traveled

8 to the location of the accident, to contact the families

9 unable to travel to such location, and to contact all

10 affected families periodically thereafter until such

11 time as the organization, in consultation with the di12 rector of family support services designated for the ac13 cident under subsection (a)(1), determines that fur14 ther assistance is no longer needed.

15 ‘‘(4) To arrange a suitable memorial service, in

16 consultation with the families.

17 ‘‘(d) PASSENGER LISTS.—

18 ‘‘(1) REQUESTS FOR PASSENGER LISTS.—

19 ‘‘(A) REQUESTS BY DIRECTOR OF FAMILY

20 SUPPORT SERVICES.—It shall be the responsi21 bility of the director of family support services

22 designated for an accident under subsection

23 (a)(1) to request, as soon as practicable, from the

24 rail passenger carrier involved in the accident a

25 list, which is based on the best available infor-
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1 mation at the time of the request, of the names

2 of the passengers that were aboard the rail pas3 senger carrier’s train involved in the accident. A

4 rail passenger carrier shall use reasonable efforts,

5 with respect to its unreserved trains, and pas6 sengers not holding reservations on its other

7 trains, to ascertain the names of passengers

8 aboard a train involved in an accident.

9 ‘‘(B) REQUESTS BY DESIGNATED ORGANIZA10 TION.—The organization designated for an acci11 dent under subsection (a)(2) may request from

12 the rail passenger carrier involved in the acci13 dent a list described in subparagraph (A).

14 ‘‘(2) USE OF INFORMATION.—Except as provided

15 in subsection (k), the director of family support serv16 ices and the organization may not release to any per17 son information on a list obtained under paragraph

18 (1) but may provide information on the list about a

19 passenger to the family of the passenger to the extent

20 that the director of family support services or the or21 ganization considers appropriate.

22 ‘‘(e) CONTINUING RESPONSIBILITIES OF THE

23 BOARD.—In the course of its investigation of an accident

24 described in subsection (a), the Board shall, to the max-
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1 imum extent practicable, ensure that the families of pas2 sengers involved in the accident—

3 ‘‘(1) are briefed, prior to any public briefing,

4 about the accident and any other findings from the

5 investigation; and

6 ‘‘(2) are individually informed of and allowed to

7 attend any public hearings and meetings of the Board

8 about the accident.

9 ‘‘(f) USE OF RAIL PASSENGER CARRIER RE10 SOURCES.—To the extent practicable, the organization des11 ignated for an accident under subsection (a)(2) shall coordi12 nate its activities with the rail passenger carrier involved

13 in the accident to facilitate the reasonable use of the re14 sources of the carrier.

15 ‘‘(g) PROHIBITED ACTIONS.—

16 ‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No per17 son (including a State or political subdivision) may

18 impede the ability of the Board (including the direc19 tor of family support services designated for an acci20 dent under subsection (a)(1)), or an organization des21 ignated for an accident under subsection (a)(2), to

22 carry out its responsibilities under this section or the

23 ability of the families of passengers involved in the

24 accident to have contact with one another.
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1 ‘‘(2) UNSOLICITED COMMUNICATIONS.—No unso2 licited communication concerning a potential action

3 for personal injury or wrongful death may be made

4 by an attorney (including any associate, agent, em5 ployee, or other representative of an attorney) or any

6 potential party to the litigation to an individual

7 (other than an employee of the rail passenger carrier)

8 injured in the accident, or to a relative of an indi9 vidual involved in the accident, before the 45th day

10 following the date of the accident.

11 ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT

12 MENTAL HEALTH AND COUNSELING SERVICES.—No

13 State or political subdivision may prevent the em14 ployees, agents, or volunteers of an organization des15 ignated for an accident under subsection (a)(2) from

16 providing mental health and counseling services

17 under subsection (c)(1) in the 30-day period begin18 ning on the date of the accident. The director of fam19 ily support services designated for the accident under

20 subsection (a)(1) may extend such period for not to

21 exceed an additional 30 days if the director deter22 mines that the extension is necessary to meet the

23 needs of the families and if State and local authori24 ties are notified of the determination.

25 ‘‘(h) DEFINITIONS.—In this section:
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1 ‘‘(1) RAIL PASSENGER ACCIDENT.—The term

2 ‘rail passenger accident’ means any rail passenger

3 disaster resulting in a major loss of life occurring in

4 the provision of—

5 ‘‘(A) interstate intercity rail passenger

6 transportation (as such term is defined in sec7 tion 24102); or

8 ‘‘(B) interstate or intrastate high-speed rail

9 (as such term is defined in section 26105) trans10 portation,

11 regardless of its cause or suspected cause.

12 ‘‘(2) RAIL PASSENGER CARRIER.—The term ‘rail

13 passenger carrier’ means a rail carrier providing—

14 ‘‘(A) interstate intercity rail passenger

15 transportation (as such term is defined in sec16 tion 24102); or

17 ‘‘(B) interstate or intrastate high-speed rail

18 (as such term is defined in section 26105) trans19 portation,

20 except that such term does not include a tourist, his21 toric, scenic, or excursion rail carrier.

22 ‘‘(3) PASSENGER.—The term ‘passenger’

23 includes—

24 ‘‘(A) an employee of a rail passenger car25 rier aboard a train;
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1 ‘‘(B) any other person aboard the train

2 without regard to whether the person paid for the

3 transportation, occupied a seat, or held a res4 ervation for the rail transportation; and

5 ‘‘(C) any other person injured or killed in

6 a rail passenger accident, as determined appro7 priate by the Board.

8 ‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.—

9 Nothing in this section may be construed as limiting the

10 actions that a rail passenger carrier may take, or the obli11 gations that a rail passenger carrier may have, in pro12 viding assistance to the families of passengers involved in

13 a rail passenger accident.

14 ‘‘(j) RELINQUISHMENT OF INVESTIGATIVE PRI15 ORITY.—

16 ‘‘(1) GENERAL RULE.—This section (other than

17 subsection (g)) shall not apply to a railroad accident

18 if the Board has relinquished investigative priority

19 under section 1131(a)(2)(B) and the Federal agency

20 to which the Board relinquished investigative priority

21 is willing and able to provide assistance to the vic22 tims and families of the passengers involved in the

23 accident.

24 ‘‘(2) BOARD ASSISTANCE.—If this section does

25 not apply to a railroad accident because the Board
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1 has relinquished investigative priority with respect to

2 the accident, the Board shall assist, to the maximum

3 extent possible, the agency to which the Board has re4 linquished investigative priority in assisting families

5 with respect to the accident.

6 ‘‘(k) SAVINGS CLAUSE.—Nothing in this section shall

7 be construed to abridge the authority of the Board or the

8 Secretary of Transportation to investigate the causes or cir9 cumstances of any rail accident, including development of

10 information regarding the nature of injuries sustained and

11 the manner in which they were sustained for the purposes

12 of determining compliance with existing laws and regula13 tions or for identifying means of preventing similar inju14 ries in the future, or both.’’.

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

16 for such chapter is amended by inserting after the item re17 lating to section 1138 the following:

‘‘1139. Assistance to families of passengers involved in rail passenger accidents’’.

18 SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMI19 LIES OF PASSENGERS INVOLVED IN RAIL PAS20 SENGER ACCIDENTS.

21 (a) IN GENERAL.—Chapter 243 is amended by adding

22 at the end the following:
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1 ‘‘§ 24316. Plans to address needs of families of pas2 sengers involved in rail passenger acci3 dents

4 ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months

5 after the date of the enactment of the Railroad Safety En6 hancement Act of 2008, a rail passenger carrier shall sub7 mit to the Chairman of the National Transportation Safety

8 Board, the Secretary of Transportation, and the Secretary

9 of Homeland Security a plan for addressing the needs of

10 the families of passengers involved in any rail passenger

11 accident involving a rail passenger carrier intercity train

12 and resulting in a major loss of life.

13 ‘‘(b) CONTENTS OF PLANS.—The plan to be submitted

14 by a rail passenger carrier under subsection (a) shall in15 clude, at a minimum, the following:

16 ‘‘(1) A process by which a rail passenger carrier

17 will maintain and provide to the National Transpor18 tation Safety Board, the Secretary of Transportation,

19 and the Secretary of Homeland Security, immediately

20 upon request, a list (which is based on the best avail21 able information at the time of the request) of the

22 names of the passengers aboard the train (whether or

23 not such names have been verified), and will periodi24 cally update the list. The plan shall include a proce25 dure, with respect to unreserved trains and passengers

26 not holding reservations on other trains, for a rail
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1 passenger carrier to use reasonable efforts to ascertain

2 the number and names of passengers aboard a train

3 involved in an accident.

4 ‘‘(2) A plan for creating and publicizing a reli5 able, toll-free telephone number within 4 hours after

6 such an accident occurs, and for providing staff, to

7 handle calls from the families of the passengers.

8 ‘‘(3) A process for notifying the families of the

9 passengers, before providing any public notice of the

10 names of the passengers, by suitably trained individ11 uals.

12 ‘‘(4) A process for providing the notice described

13 in paragraph (2) to the family of a passenger as soon

14 as a rail passenger carrier has verified that the pas15 senger was aboard the train (whether or not the

16 names of all of the passengers have been verified).

17 ‘‘(5) A process by which the family of each pas18 senger will be consulted about the disposition of all

19 remains and personal effects of the passenger within

20 a rail passenger carrier’s control; that any possession

21 of the passenger within a rail passenger carrier’s con22 trol will be returned to the family unless the posses23 sion is needed for the accident investigation or any

24 criminal investigation; and that any unclaimed pos25 session of a passenger within a rail passenger car-
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1 rier’s control will be retained by the rail passenger

2 carrier for at least 18 months.

3 ‘‘(6) A process by which the treatment of the

4 families of nonrevenue passengers will be the same as

5 the treatment of the families of revenue passengers.

6 ‘‘(7) An assurance that a rail passenger carrier

7 will provide adequate training to its employees and

8 agents to meet the needs of survivors and family

9 members following an accident.

10 ‘‘(c) USE OF INFORMATION.—Neither the National

11 Transportation Safety Board, the Secretary of Transpor12 tation, the Secretary of Homeland Security, nor a rail pas13 senger carrier may release any personal information on a

14 list obtained under subsection (b)(1) but may provide infor15 mation on the list about a passenger to the family of the

16 passenger to the extent that the Board or a rail passenger

17 carrier considers appropriate.

18 ‘‘(d) LIMITATION ON LIABILITY.—A rail passenger car19 rier shall not be liable for damages in any action brought

20 in a Federal or State court arising out of the performance

21 of a rail passenger carrier under this section in preparing

22 or providing a passenger list, or in providing information

23 concerning a train reservation, pursuant to a plan sub24 mitted by a rail passenger carrier under subsection (b), un-
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1 less such liability was caused by a rail passenger carrier’s

2 gross negligence or extreme misconduct.

3 ‘‘(e) LIMITATIONS ON STATUTORY CONSTRUCTION.—

4 ‘‘(1) RAIL PASSENGER CARRIERS.—Nothing in

5 this section may be construed as limiting the actions

6 that a rail passenger carrier may take, or the obliga7 tions that a rail passenger carrier may have, in pro8 viding assistance to the families of passengers in9 volved in a rail passenger accident.

10 ‘‘(2) INVESTIGATIONAL AUTHORITY OF BOARD

11 AND SECRETARY.—Nothing in this section shall be

12 construed to abridge the authority of the Board or the

13 Secretary of Transportation to investigate the causes

14 or circumstances of any rail accident, including the

15 development of information regarding the nature of

16 injuries sustained and the manner in which they were

17 sustained, for the purpose of determining compliance

18 with existing laws and regulations or identifying

19 means of preventing similar injuries in the future.

20 ‘‘(f) FUNDING.—Out of funds appropriated pursuant

21 to section 20117(a)(1)(A), there shall be made available to

22 the Secretary of Transportation $500,000 for fiscal year

23 2008 to carry out this section. Amounts made available

24 pursuant to this subsection shall remain available until ex25 pended.’’.
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1 (b) CONFORMING AMENDMENT.—The chapter analysis

2 for chapter 243 is amended by adding at the end the fol3 lowing:

‘‘24316. Plan to assist families of passengers involved in rail passenger accidents’’.

4 SEC. 503. ESTABLISHMENT OF TASK FORCE.

5 (a) ESTABLISHMENT.—The Secretary, in cooperation

6 with the National Transportation Safety Board, organiza7 tions potentially designated under section 1139(a)(2) of

8 title 49, United States Code, rail passenger carriers (as de9 fined in section 1139(h)(2) of title 49, United States Code),

10 and families which have been involved in rail accidents,

11 shall establish a task force consisting of representatives of

12 such entities and families, representatives of rail passenger

13 carrier employees, and representatives of such other entities

14 as the Secretary considers appropriate.

15 (b) MODEL PLAN AND RECOMMENDATIONS.—The task

16 force established pursuant to subsection (a) shall develop—

17 (1) a model plan to assist rail passenger carriers

18 in responding to passenger rail accidents;

19 (2) recommendations on methods to improve the

20 timeliness of the notification provided by passenger

21 rail carriers to the families of passengers involved in

22 a passenger rail accident;

23 (3) recommendations on methods to ensure that

24 the families of passengers involved in a passenger rail
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1 accident who are not citizens of the United States re2 ceive appropriate assistance; and

3 (4) recommendations on methods to ensure that

4 emergency services personnel have as immediate and

5 accurate a count of the number of passengers onboard

6 the train as possible.

7 (c) REPORT.—Not later than 1 year after the date of

8 the enactment of this Act, the Secretary shall transmit to

9 Congress a report containing the model plan and rec10 ommendations developed by the task force under subsection

11 (b).

12 TITLE VI—CLARIFICATION OF

13 FEDERAL JURISDICTION

14 OVER SOLID WASTE FACILI15 TIES

16 SEC. 601. SHORT TITLE.

17 This title may be cited as the ‘‘Clean Railroads Act

18 of 2007’’.

19 SEC. 602. CLARIFICATION OF GENERAL JURISDICTION

20 OVER SOLID WASTE TRANSFER FACILITIES.

21 Section 10501(c)(2) is amended to read as follows:

22 ‘‘(2) Except as provided in paragraph (3), the Board

23 does not have jurisdiction under this part over—

24 ‘‘(A) mass transportation provided by a

25 local government authority; or
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1 ‘‘(B) a solid waste rail transfer facility as

2 defined in section 10908 of this title, except as

3 provided under sections 10908 and 10909 of this

4 title.

5 SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER

6 FACILITIES.

7 (a) IN GENERAL.—Chapter 109 is amended by adding

8 at the end thereof the following:

9 ‘‘§ 10908. Regulation of solid waste rail transfer facili10 ties

11 ‘‘(a) IN GENERAL.—Each solid waste rail transfer fa12 cility shall be subject to and shall comply with all applica13 ble Federal and State requirements, both substantive and

14 procedural, including judicial and administrative orders

15 and fines, respecting the prevention and abatement of pollu16 tion, the protection and restoration of the environment, and

17 the protection of public health and safety, including laws

18 governing solid waste, to the same extent as required for

19 any similar solid waste management facility, as defined in

20 section 1004(29) of the Solid Waste Disposal Act (42 U.S.C.

21 6903(29)) that is not owned or operated by or on behalf

22 of a rail carrier, except as provided for in section 10909

23 of this chapter.

24 ‘‘(b) EXISTING FACILITIES.—
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1 ‘‘(1) STATE LAWS AND STANDARDS.—Within 90

2 days after the date of enactment of the Clean Rail3 roads Act of 2008, a solid waste rail transfer facility

4 operating as of such date of enactment shall comply

5 with all Federal and State requirements pursuant to

6 subsection (a) other than those provisions requiring

7 permits.

8 ‘‘(2) PERMIT REQUIREMENTS.—

9 ‘‘(A) STATE NON-SITING PERMITS.—Any

10 solid waste rail transfer facility operating as of

11 the date of enactment of the Clean Railroads Act

12 of 2008 that does not possess a permit required

13 pursuant to subsection (a), other than a siting

14 permit for the facility, as of the date of enact15 ment of the Clean Railroads Act of 2008 shall

16 not be required to possess any such permits in

17 order to operate the facility—

18 ‘‘(i) if, within 180 days after such date

19 of enactment, the solid waste rail transfer

20 facility has submitted, in good faith, a com21 plete application for all permits, except

22 siting permits, required pursuant to sub23 section (a) to the appropriate permitting

24 agency authorized to grant such permits;

25 and
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1 ‘‘(ii) until the permitting agency has

2 either approved or denied the solid waste

3 rail transfer facility’s application for each

4 permit.

5 ‘‘(B) SITING PERMITS AND REQUIRE6 MENTS.—A solid waste rail transfer facility op7 erating as of the date of enactment of the Clean

8 Railroads Act of 2008 that does not possess a

9 State siting permit required pursuant to sub10 section (a) as of such date of enactment shall not

11 be required to possess any siting permit to con12 tinue to operate or comply with any State land

13 use requirements. The Governor of a State in

14 which the facility is located or his or her des15 ignee may petition the Board to require the fa16 cility to apply for a land-use exemption pursu17 ant to section 10909 of this chapter. The Board

18 shall accept the petition, and the facility shall be

19 required to have a Board-issued land-use exemp20 tion in order to continue to operate, pursuant to

21 section 10909 of this chapter.

22 ‘‘(c) COMMON CARRIER OBLIGATION.—No prospective

23 or current rail carrier customer may demand solid waste

24 rail transfer service from a rail carrier at a solid waste

25 rail transfer facility that does not already possess the nec-
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1 essary Federal land use exemption and State permits at

2 the location where service is requested.

3 ‘‘(d) NON-WASTE COMMODITIES.—Nothing in this sec4 tion or section 10909 of this chapter shall affect a rail car5 rier’s ability to conduct transportation-related activities

6 with respect to commodities other than solid waste.

7 ‘‘(e) DEFINITIONS.—

8 ‘‘(1) IN GENERAL.—In this section:

9 ‘‘(A) COMMERCIAL AND RETAIL WASTE.—

10 The term ‘commercial and retail waste’ means

11 material discarded by stores, offices, restaurants,

12 warehouses, nonmanufacturing activities at in13 dustrial facilities, and other similar establish14 ments or facilities.

15 ‘‘(B) CONSTRUCTION AND DEMOLITION DE16 BRIS.—The term ‘construction and demolition

17 debris’ means waste building materials, pack18 aging, and rubble resulting from construction,

19 remodeling, repair, and demolition operations on

20 pavements, houses, commercial buildings, and

21 other structures.

22 ‘‘(C) HOUSEHOLD WASTE.—The term

23 ‘household waste’ means material discarded by

24 residential dwellings, hotels, motels, and other
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1 similar permanent or temporary housing estab2 lishments or facilities.

3 ‘‘(D) INDUSTRIAL WASTE.—The term ‘in4 dustrial waste’ means the solid waste generated

5 by manufacturing and industrial and research

6 and development processes and operations, in7 cluding contaminated soil, nonhazardous oil spill

8 cleanup waste and dry nonhazardous pesticides

9 and chemical waste, but does not include haz10 ardous waste regulated under subtitle C of the

11 Solid Waste Disposal Act (42 U.S.C. 6921 et

12 seq.), mining or oil and gas waste.

13 ‘‘(E) INSTITUTIONAL WASTE.—The term ‘in14 stitutional waste’ means material discarded by

15 schools, nonmedical waste discarded by hospitals,

16 material discarded by nonmanufacturing activi17 ties at prisons and government facilities, and

18 material discarded by other similar establish19 ments or facilities.

20 ‘‘(F) MUNICIPAL SOLID WASTE.—The term

21 ‘municipal solid waste’ means—

22 ‘‘(i) household waste;

23 ‘‘(ii) commercial and retail waste; and

24 ‘‘(iii) institutional waste.
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1 ‘‘(G) SOLID WASTE.—With the exception of

2 waste generated by a rail carrier during track,

3 track structure, or right-of-way construction,

4 maintenance, or repair (including railroad ties

5 and line-side poles) or waste generated as a re6 sult of a railroad accident, incident, or derail7 ment, the term ‘solid waste’ means—

8 ‘‘(i) construction and demolition de9 bris;

10 ‘‘(ii) municipal solid waste;

11 ‘‘(iii) household waste;

12 ‘‘(iv) commercial and retail waste;

13 ‘‘(v) institutional waste;

14 ‘‘(vi) sludge;

15 ‘‘(vii) industrial waste; and

16 ‘‘(viii) other solid waste, as determined

17 appropriate by the Board.

18 ‘‘(H) SOLID WASTE RAIL TRANSFER FACIL19 ITY.—The term ‘solid waste rail transfer

20 facility’—

21 ‘‘(i) means the portion of a facility

22 owned or operated by or on behalf of a rail

23 carrier (as defined in section 10102 of this

24 title) where solid waste, as a commodity to

25 be transported for a charge, is collected,
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1 stored, separated, processed, treated, man2 aged, disposed of, or transferred, when the

3 activity takes place outside of original ship4 ping containers; but

5 ‘‘(ii) does not include—

6 ‘‘(I) the portion of a facility to the

7 extent that activities taking place at

8 such portion are comprised solely of

9 the railroad transportation of solid

10 waste after the solid waste is loaded for

11 shipment on or in a rail car, including

12 railroad transportation for the purpose

13 of interchanging railroad cars con14 taining solid waste shipments; or

15 ‘‘(II) a facility where solid waste

16 is solely transferred or transloaded

17 from a tank truck directly to a rail

18 tank car.

19 ‘‘(I) SLUDGE.—The term ‘sludge’ means

20 any solid, semi-solid or liquid waste generated

21 from a municipal, commercial, or industrial

22 wastewater treatment plant, water supply treat23 ment plant, or air pollution control facility ex24 clusive of the treated effluent from a wastewater

25 treatment plant.
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1 ‘‘(2) EXCEPTIONS.—Notwithstanding paragraph

2 (1), the terms ‘household waste’, ‘commercial and re3 tail waste’, and ‘institutional waste’ do not include—

4 ‘‘(A) yard waste and refuse-derived fuel;

5 ‘‘(B) used oil;

6 ‘‘(C) wood pallets;

7 ‘‘(D) clean wood;

8 ‘‘(E) medical or infectious waste; or

9 ‘‘(F) motor vehicles (including motor vehicle

10 parts or vehicle fluff).

11 ‘‘(3) STATE REQUIREMENTS.—In this section the

12 term ‘State requirements’ does not include the laws,

13 regulations, ordinances, orders, or other requirements

14 of a political subdivision of a State, including a lo15 cality or municipality, unless a State expressly dele16 gates such authority to such political subdivision.’’.

17 (b) CONFORMING AMENDMENT.—The chapter analysis

18 for chapter 109 is amended by inserting after the item relat19 ing to section 10907 the following:

‘‘10908. Regulation of solid waste rail transfer facilities’’.

20 SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND21 USE EXEMPTION AUTHORITY.

22 (a) IN GENERAL.—Chapter 109 is further amended by

23 adding at the end thereof the following:
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1 ‘‘§ 10909. Solid waste rail transfer facility land-use ex2 emption

3 ‘‘(a) AUTHORITY.—The Board may issue a land-use

4 exemption for a solid waste rail transfer facility that is or

5 is proposed to be operated by or on behalf of a rail carrier

6 if—

7 ‘‘(1) the Board finds that a State, local, or mu8 nicipal law, regulation, order, or other requirement

9 affecting the siting of such facility unreasonably bur10 dens the interstate transportation of solid waste by

11 railroad, discriminates against the railroad transpor12 tation of solid waste and a solid waste rail transfer

13 facility, or a rail carrier that owns or operates such

14 a facility petitions the Board for such an exemption;

15 or

16 ‘‘(2) the Governor of a State in which a facility

17 that is operating as of the date of enactment of the

18 Clean Railroads Act of 2008 is located, or his or her

19 designee, petitions the Board to initiate a permit pro20 ceeding for that particular facility.

21 ‘‘(b) LAND-USE EXEMPTION PROCEDURES.—No later

22 than 90 days after the date of enactment of the Clean Rail23 road Act of 2008, the Board shall publish procedures gov24 erning the submission and review of applications for solid

25 waste rail transfer facility land-use exemptions. At a min26 imum, the procedures shall address—
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1 ‘‘(1) the information that each application

2 should contain to explain how the solid waste rail

3 transfer facility will not pose an unreasonable risk to

4 public health, safety or the environment;

5 ‘‘(2) the opportunity for public notice and com6 ment including notification of the municipality, the

7 State, and any relevant Federal or State regional

8 planning entity in the jurisdiction of which the solid

9 waste rail transfer facility is proposed to be located;

10 ‘‘(3) the timeline for Board review, including a

11 requirement that the Board approve or deny an ex12 emption within 90 days after the full record for the

13 application is developed;

14 ‘‘(4) the expedited review timelines for petitions

15 for modifications, amendments, or revocations of

16 granted exemptions;

17 ‘‘(5) the process for a State to petition the Board

18 to require a solid waste transfer facility or a rail car19 rier that owns or operates such a facility to apply for

20 a siting permit; and

21 ‘‘(6) the process for a solid waste transfer facility

22 or a rail carrier that owns or operates such a facility

23 to petition the Board for a land-use exemption.

24 (c) STANDARD FOR REVIEW.—
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1 ‘‘(1) The Board may only issue a land use ex2 emption if it determines that the facility at the exist3 ing or proposed location does not pose an unreason4 able risk to public health, safety, or the environment.

5 In deciding whether a solid waste rail transfer facil6 ity that is or proposed to be constructed or operated

7 by or on behalf of a rail carrier poses an unreason8 able risk to public health, safety, or the environment,

9 the Board shall weigh the particular facility’s poten10 tial benefits to and the adverse impacts on public

11 health, public safety, the environment, interstate com12 merce, and transportation of solid waste by rail.

13 ‘‘(2) The Board may not grant a land-use ex14 emption for a solid waste rail transfer facility pro15 posed to be located on land within any unit of or

16 land affiliated with the National Park System, the

17 National Wildlife Refuge System, the National Wil18 derness Preservation System, the National Trails Sys19 tem, the National Wild and Scenic Rivers System, a

20 National Reserve, a National Monument, or lands ref21 erenced in Public Law 108–421 for which a State has

22 implemented a conservation management plan, if op23 eration of the facility would be inconsistent with re24 strictions placed on such land.
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1 ‘‘(d) CONSIDERATIONS.—When evaluating an applica2 tion under this section, the Board shall consider and give

3 due weight to the following, as applicable:

4 ‘‘(1) the land use, zoning, and siting regulations

5 or solid waste planning requirements of the State or

6 State subdivision in which the facility is or will be

7 located that are applicable to solid waste transfer fa8 cilities, including those that are not owned or oper9 ated by or on behalf of a rail carrier;

10 ‘‘(2) the land use, zoning, and siting regulations

11 or solid waste planning requirements applicable to

12 the property where the solid waste rail transfer facil13 ity is proposed to be located;

14 ‘‘(3) regional transportation planning require15 ments developed pursuant to Federal and State law;

16 ‘‘(4) regional solid waste disposal plans devel17 oped pursuant to State or Federal law;

18 ‘‘(5) any Federal and State environmental pro19 tection laws or regulations applicable to the site;

20 ‘‘(6) any unreasonable burdens imposed on the

21 interstate transportation of solid waste by railroad,

22 or the potential for discrimination against the rail23 road transportation of solid waste, a solid waste rail

24 transfer facility, or a rail carrier that owns or oper25 ates such a facility; and
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1 ‘‘(7) any other relevant factors, as determined by

2 the Board.

3 (e) EXISTING FACILITIES.—Upon the granting of peti4 tion from the State in which a solid waste rail transfer

5 facility is operating as of the date of enactment of the Clean

6 Railroads Act of 2008 by the Board, the facility shall sub7 mit a complete application for a siting permit to the Board

8 pursuant to the procedures issued pursuant to subsection

9 (b). No State may enforce a law, regulation, order, or other

10 requirement affecting the siting of a facility that is oper11 ating as of the date of enactment of the Clean Railroads

12 Act of 2008 until the Board has approved or denied a per13 mit pursuant to subsection (c).

14 ‘‘(f) EFFECT OF LAND-USE EXEMPTION.—If the Board

15 grants a land-use exemption to a solid waste rail transfer

16 facility, all State laws, regulations, orders, or other require17 ments affecting the siting of a facility are preempted with

18 regard to that facility. An exemption may require compli19 ance with such State laws, regulations, orders, or other re20 quirements.

21 ‘‘(g) INJUNCTIVE RELIEF.—Nothing in this section

22 precludes a person from seeking an injunction to enjoin a

23 solid waste rail transfer facility from being constructed or

24 operated by or on behalf of a rail carrier if that facility

25 has materially violated, or will materially violate, its land
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1 use exemption or if it failed to receive a valid land-use ex2 emption under this section.

3 ‘‘(h) FEES.—The Board may charge permit applicants

4 reasonable fees to implement this section, including the costs

5 of third-party consultants.

6 ‘‘(i) DEFINITIONS.—In this section the terms ‘solid

7 waste’, ‘solid waste rail transfer facility’, and ‘State re8 quirements’ have the meaning given such terms in section

9 10908(e).’’.

10 (b) CONFORMING AMENDMENT.—The chapter analysis

11 for chapter 109, as amended by section 603 of this Act, is

12 amended by inserting after the item relating to section

13 10908 the following:

‘‘10909. Solid waste rail transfer facility land-use exemption’’.

14 SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES.

15 (a) IN GENERAL.—Chapter 109 is further amended by

16 adding at the end thereof the following:

17 ‘‘§ 10910. Effect on other statutes and authorities

18 ‘‘Nothing in section 10908 or 10909 is intended to af19 fect the traditional police powers of the State to require a

20 rail carrier to comply with State and local environmental,

21 public health, and public safety standards that are not un22 reasonably burdensome to interstate commerce and do not

23 discriminate against rail carriers.’’.

24 (b) CONFORMING AMENDMENT.—The chapter analysis

25 for chapter 109, as amended by section 604 of this Act, is
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1 amended by inserting after the item relating to section

2 10909 the following:

‘‘10910. Effect on other statutes and authorities’’.

3 TITLE VII—TECHNICAL

4 CORRECTIONS

5 SEC. 701. TECHNICAL CORRECTIONS.

6 (a) LIMITATIONS ON FINANCIAL ASSISTANCE.—Section

7 22106 is amended—

8 (1) by striking the second sentence of subsection

9 (a);

10 (2) by striking subsection (b) and inserting the

11 following:

12 ‘‘(b) STATE USE OF REPAID FUNDS AND CONTINGENT

13 INTEREST RECOVERIES.—The State shall place the United

14 States Government’s share of money that is repaid and any

15 contingent interest that is recovered in an interest-bearing

16 account. The repaid money, contingent interest, and any

17 interest thereof shall be considered to be State funds. The

18 State shall use such funds to make other grants and loans,

19 consistent with the purposes for which financial assistance

20 may be used under subsection (a), as the State considers

21 to be appropriate.’’; and

22 (3) by striking subsections (c) and (e) and redes23 ignating subsection (d) as subsection (c).
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1 (b) GRANTS FOR CLASS II AND III RAILROADS.—Sec2 tion 22301(a)(1)(A)(iii) is amended by striking ‘‘and’’ and

3 inserting ‘‘or’’.

4 (c) RAIL TRANSPORTATION OF RENEWABLE FUEL

5 STUDY.—Section 245(a)(1) of the Energy Independence

6 and Security Act of 2007 is amended by striking ‘‘Sec7 retary, in coordination with the Secretary of Transpor8 tation,’’ and inserting ‘‘Secretary and the Secretary of

9 Transportation’’.

10 (d) MOTOR CARRIER DEFINITION.—

11 Section 14504a of title 49, United States Code, is

12 amended—

13 (1) in subsection (a)—

14 (A) in the matter preceding paragraph (1),

15 by inserting ‘‘(except as provided in paragraph

16 (5))’’ after ‘‘14506’’;

17 (B) in paragraph (1), by striking subpara18 graph (A) and inserting the following:

19 ‘‘(A) IN GENERAL.—Except as provided in

20 subparagraph (B), the term ‘commercial motor

21 vehicle’—

22 ‘‘(i) for calendar years 2008 and 2009,

23 has the meaning given the term in section

24 31101; and
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1 ‘‘(ii) for years beginning after Decem2 ber 31, 2009, means a self-propelled vehicle

3 described in section 31101.’’; and

4 (C) by striking paragraph (5) and inserting

5 the following:

6 ‘‘(5) MOTOR CARRIER.—

7 ‘‘(A) THIS SECTION.—In this section:

8 ‘‘(i) IN GENERAL.—The term ‘motor

9 carrier’ includes all carriers that are other10 wise exempt from this part—

11 ‘‘(I) under subchapter I of chapter

12 135; or

13 ‘‘(II) through exemption actions

14 by the former Interstate Commerce

15 Commission under this title.

16 ‘‘(ii) EXCLUSIONS.—In this section, the

17 term ‘motor carrier’ does not include—

18 ‘‘(I) any carrier subject to section

19 13504; or

20 ‘‘(II) any other carrier that the

21 board of directors of the unified carrier

22 registration plan determines to be ap23 propriate pursuant to subsection

24 (d)(4)(C).
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1 ‘‘(B) SECTION 14506.—In section 14506, the

2 term ‘motor carrier’ includes all carriers that

3 are otherwise exempt from this part—

4 ‘‘(i) under subchapter I of chapter 135;

5 or

6 ‘‘(ii) through exemption actions by the

7 former Interstate Commerce Commission

8 under this title.’’; and

9 (2) in subsection (d)(4)(C), by inserting before

10 the period at the end the following: ‘‘, except that a

11 decision to approve the exclusion of carriers from the

12 definition of the term ‘motor carrier’ under subsection

(a)(5) shall require an affirmative vote of 3 13 ⁄4 of all

14 such directors.’’.

Attest:

Secretary.
110TH CONGRESS

2D SESSION H. R. 2095

AMENDMENT