59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–336 

FEDERAL RAILROAD SAFETY IMPROVEMENT ACT OF 2007 

SEPTEMBER 19, 2007.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 2095] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 2095) 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, having considered the same, report favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Federal Railroad Safety Improvement Act of 2007’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FEDERAL RAILROAD SAFETY ADMINISTRATION 

Sec. 101. Establishment of Federal Railroad Safety Administration. 

Sec. 102. Railroad safety strategy. 

Sec. 103. Reports. 

Sec. 104. Rulemaking process. 

Sec. 105. Authorization of appropriations. 

TITLE II—EMPLOYEE FATIGUE 

Sec. 201. Hours of service reform. 

Sec. 202. Employee sleeping quarters. 

Sec. 203. Fatigue management plans. 

Sec. 204. Regulatory authority. 

Sec. 205. Conforming amendment. 

TITLE III—PROTECTION OF EMPLOYEES AND WITNESSES 

Sec. 301. Employee protections. 


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TITLE IV—GRADE CROSSINGS 

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

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

Sec. 403. Grade crossing signal violations. 

Sec. 404. National crossing inventory. 

Sec. 405. Accident and incident reporting. 

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

Sec. 407. Operation Lifesaver. 

Sec. 408. State action plan. 

Sec. 409. Fostering introduction of new technology to improve safety at highway-rail grade crossings. 

TITLE V—ENFORCEMENT 

Sec. 501. Enforcement. 

Sec. 502. Civil penalties. 

Sec. 503. Criminal penalties. 

Sec. 504. Expansion of emergency order authority. 

Sec. 505. Enforcement transparency. 

Sec. 506. Interfering with or hampering safety investigations. 

Sec. 507. Railroad radio monitoring authority. 

Sec. 508. Inspector staffing. 

TITLE VI—MISCELLANEOUS PROVISIONS 

Sec. 601. Positive train control systems. 

Sec. 602. Warning in nonsignaled territory. 

Sec. 603. Track safety. 

Sec. 604. Certification of conductors. 

Sec. 605. Minimum training standards. 

Sec. 606. Prompt medical attention. 

Sec. 607. Emergency escape breathing apparatus. 

Sec. 608. Locomotive cab environment. 

Sec. 609. Tunnel information. 

Sec. 610. Railroad police. 

Sec. 611. Museum locomotive study. 

Sec. 612. Certification of carmen. 

Sec. 613. Train control systems deployment grants. 

Sec. 614. Infrastructure safety investment reports. 

Sec. 615. Emergency grade crossing safety improvements. 

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

TITLE VII—RAIL PASSENGER DISASTER FAMILY ASSISTANCE 

Sec. 701. Short title. 

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

Sec. 703. Rail passenger carrier plans to address needs of families of passengers involved in rail passenger accidents. 

Sec. 704. Establishment of task force. 

SEC. 2. DEFINITIONS. 

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

meaning given those terms in section 20102 of title 49, United States Code. 

TITLE I—FEDERAL RAILROAD SAFETY 

ADMINISTRATION 

SEC. 101. ESTABLISHMENT OF FEDERAL RAILROAD SAFETY ADMINISTRATION. 

(a) AMENDMENT.—Section 103 of title 49, United States Code, is amended to read 

as follows: 

‘‘§ 103. Federal Railroad Safety Administration 

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

Transportation. To carry out all railroad safety laws of the United States, the Administration shall be divided on a geographical basis into at least 8 safety offices. 

The Secretary of Transportation shall be responsible for enforcing those laws and 

for ensuring that those laws are uniformly administered and enforced among the 

safety offices. 

‘‘(b) SAFETY AS HIGHEST PRIORITY.—In carrying out its duties, the Administration 

shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in railroad transportation. 

‘‘(c) ADMINISTRATOR.—The head of the Administration shall be the Administrator 

who shall be appointed by the President, by and with the advice and consent of the 

Senate, and shall be an individual with professional experience in railroad safety, 

hazardous materials safety, or other transportation safety. The Administrator shall 

report directly to the Secretary of Transportation. 


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‘‘(d) DEPUTY ADMINISTRATOR.—The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall 

carry out duties and powers prescribed by the Administrator. 

‘‘(e) CHIEF SAFETY OFFICER.—The Administration shall have an Associate Administrator for Railroad Safety appointed in the competitive service by the Secretary. 

The Associate Administrator shall be the Chief Safety Officer of the Administration. 

The Associate Administrator shall carry out the duties and powers prescribed by the 

Administrator. 

‘‘(f) DUTIES AND POWERS OF THE ADMINISTRATOR.—The Administrator shall carry 

out—

‘‘(1) duties and powers related to railroad safety vested in the Secretary by 

section 20134(c) and chapters 203 through 211 of this title, and by chapter 213 

of this title for carrying out chapters 203 through 211; and 

‘‘(2) other duties and powers prescribed by the Secretary. 

‘‘(g) LIMITATION.—A duty or power specified in subsection (f)(1) may be transferred 

to another part of the Department of Transportation or another Federal Government entity only when specifically provided by law. A decision of the Administrator 

in carrying out the duties or powers of the Administration and involving notice and 

hearing required by law is administratively final. 

‘‘(h) AUTHORITIES.—Subject to the provisions of subtitle I of title 40 and title III 

of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et 

seq.), the Secretary of Transportation may make, enter into, and perform such contracts, grants, leases, cooperative agreements, and other similar transactions with 

Federal or other public agencies (including State and local governments) and private 

organizations and persons, and make such payments, by way of advance or reimbursement, as the Secretary may determine to be necessary or appropriate to carry 

out functions at the Administration. The authority of the Secretary granted by this 

subsection shall be carried out by the Administrator. Notwithstanding any other 

provision of this chapter, no authority to enter into contracts or to make payments 

under this subsection shall be effective, except as provided for in appropriations 

Acts.’’. 

(b) REFERENCES AND CONFORMING AMENDMENTS.—(1) All references in Federal 

law to the Federal Railroad Administration shall be deemed to be references to the 

Federal Railroad Safety Administration. 

(2) The item relating to section 103 in the table of sections of chapter 1 of title 

49, United States Code, is amended to read as follows: 

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

SEC. 102. RAILROAD SAFETY STRATEGY. 

(a) SAFETY GOALS.—In conjunction with existing federally required strategic planning efforts, the Secretary of Transportation shall develop a long-term strategy for 

improving railroad safety. The strategy shall include an annual plan and schedule 

for achieving, at a minimum, the following goals: 

(1) Reducing the number and rates of accidents, injuries, and fatalities involving railroads. 

(2) Improving the consistency and effectiveness of enforcement and compliance programs. 

(3) Identifying and targeting enforcement at, and safety improvements to, 

high-risk highway-rail grade crossings. 

(4) Improving research efforts to enhance and promote railroad safety and 

performance. 

(b) RESOURCE NEEDS.—The strategy and annual plans shall include estimates of 

the funds and staff resources needed to accomplish each activity. Such estimates 

shall also include the staff skills and training needed for timely and effective accomplishment of each goal. 

(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—The Secretary of Transportation 

shall submit to the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate the strategy and annual plan at the same time as the President’s 

budget submission. 

(d) ACHIEVEMENT OF GOALS.—

(1) PROGRESS ASSESSMENT.—No less frequently than semiannually, the Secretary of Transportation and the Administrator of the Federal Railroad Safety 

Administration shall assess the progress of the Administration toward achieving 

the strategic goals described in subsection (a). The Secretary and the Administrator shall convey their assessment to the employees of the Federal Railroad 

Safety Administration and shall identify any deficiencies that should be remediated before the next progress assessment. 


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(2) REPORT TO CONGRESS.—The Secretary shall transmit a report annually to 

the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the 

Senate on the performance of the Federal Railroad Safety Administration relative to the goals of the railroad safety strategy and annual plans under subsection (a). 

SEC. 103. REPORTS. 

(a) REPORTS BY THE INSPECTOR GENERAL.—Not later than 30 days after the date 

of enactment of this Act, the Inspector General of the Department of Transportation 

shall submit to the Secretary of Transportation and the Administrator of the Federal Railroad Safety Administration a report containing the following: 

(1) A list of each statutory mandate regarding railroad safety that has not 

been implemented. 

(2) A list of each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding railroad safety. 

(b) REPORTS BY THE SECRETARY.—

(1) STATUTORY MANDATES.—Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter until each of the mandates referred to in subsection (a)(1) has been implemented, the Secretary of Transportation shall transmit to the Committee on Transportation and Infrastructure of 

the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the specific actions taken to implement 

such mandates. 

(2) NTSB AND INSPECTOR GENERAL RECOMMENDATIONS.—Not later than January 1st of each year, the Secretary of Transportation shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate a 

report containing each recommendation referred to in subsection (a)(2), a copy 

of the Department of Transportation response to each such recommendation, 

and a progress report on implementing each such recommendation. 

SEC. 104. RULEMAKING PROCESS. 

(a) AMENDMENT.—Subchapter I of chapter 201 of title 49, United States Code, is 

amended by inserting after section 20115 the following new section: 

‘‘§ 20116. Rulemaking process 

‘‘No rule or order issued by the Secretary under this part shall be effective if it 

incorporates by reference a code, rule, standard, requirement, or practice issued by 

an association or other entity that is not an agency of the Federal Government, unless that reference is to a particular code, rule, standard, requirement, or practice 

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

the date on which the code, rule, standard, requirement, or practice was adopted 

is specifically cited in the rule.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections of subchapter I of 

chapter 201 of title 49, United States Code, is amended by adding after the item 

relating to section 20115 the following new item: 

‘‘20116. Rulemaking process.’’. 

SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

Section 20117(a) of title 49, United States Code, is amended to read as follows: 

‘‘(a) IN GENERAL.—(1) There are authorized to be appropriated to the Secretary 

of Transportation to carry out this part and to carry out responsibilities under chapter 51 as delegated or authorized by the Secretary—

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

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

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

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

‘‘(2) With amounts appropriated pursuant to paragraph (1), the Secretary shall 

purchase 6 Gage Restraint Measurement System vehicles and 5 track geometry vehicles to enable the deployment of 1 Gage Restraint Measurement System vehicle 

and 1 track geometry vehicle in each region. 

‘‘(3) There are authorized to be appropriated to the Secretary $18,000,000 for the 

period encompassing fiscal years 2008 through 2011 to design, develop, and construct the Facility for Underground Rail Station and Tunnel at the Transportation 

Technology Center in Pueblo, Colorado. The facility shall be used to test and evaluate the vulnerabilities of above-ground and underground rail tunnels to prevent accidents and incidents in such tunnels, to mitigate and remediate the consequences 

of any such accidents or incidents, and to provide a realistic scenario for training 

emergency responders. 


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‘‘(4) Such sums as may be necessary from the amount appropriated pursuant to 

paragraph (1) for each of the fiscal years 2008 through 2011 shall be made available 

to the Secretary for personnel in regional offices and in Washington, D.C., whose 

duties primarily involve rail security.’’. 

TITLE II—EMPLOYEE FATIGUE 

SEC. 201. HOURS OF SERVICE REFORM. 

(a) DEFINITIONS.—Section 21101(4) of title 49, United States Code, is amended by 

striking ‘‘employed by a railroad carrier’’. (b) LIMITATION ON DUTY HOURS OF SIGNAL EMPLOYEES.—Section 21104 of title 49, 

United States Code, is amended— (1) by amending subsection (a) to read as follows: ‘‘(a) GENERAL.—Except as provided in subsection (c) of this section, a railroad carrier and its officers and agents may not require or allow a signal employee, and a 

railroad contractor and its officers and agents may not require or allow a signal employee, to remain or go on duty— ‘‘(1) unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours; ‘‘(2) for a period in excess of 12 consecutive hours; or 

‘‘(3) unless that employee has had at least one period of at least 24 consecutive hours off duty in the past 7 consecutive days. 

The Secretary may waive paragraph (3) if a collective bargaining agreement provides a different arrangement and such arrangement provides an equivalent level 

of safety.’’; 

(2) in subsection (b)(3) by striking ‘‘, except that up to one hour of that time 

spent returning from the final trouble call of a period of continuous or broken 

service is time off duty’’; 

(3) in subsection (c)— (A) by inserting ‘‘for not more than 3 days during a period of 7 consecutive days’’ after ‘‘24 consecutive hours’’; and 

(B) by adding at the end the following: ‘‘A signal employee may not be 

allowed to remain or go on duty under the emergency authority provided 

under this subsection to conduct routine repairs, routine maintenance, or 

routine inspection of signal systems.’’; 

(4) by adding at the end the following new subsections: ‘‘(d) COMMUNICATION DURING TIME OFF DUTY.—During a signal employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a), a 

railroad carrier, and its managers, supervisors, officers, and agents, shall not communicate with the signal employee by telephone, by pager, or in any other manner 

that could disrupt the employee’s rest. Nothing in this subsection shall prohibit communication necessary to notify an employee of an emergency situation posing potential risks to the employee’s safety or health. ‘‘(e) EXCLUSIVITY.—The hours of service, duty hours, and rest periods of signal employees shall be governed exclusively by this chapter. Signal employees operating 

motor vehicles shall not be subject to any hours of service rules, duty hours, or rest 

period rules promulgated by any Federal authority, including the Federal Motor 

Carrier Safety Administration, other than the Federal Railroad Safety Administration.’’. (c) LIMITATION ON DUTY HOURS OF TRAIN EMPLOYEES.—Section 21103 of title 49, 

United States Code, is amended— (1) by amending subsection (a) to read as follows: ‘‘(a) GENERAL.—Except as provided in subsection (c) of this section, a railroad carrier and its officers and agents may not require or allow a train employee to remain 

or go on duty— ‘‘(1) unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours; ‘‘(2) for a period in excess of 12 consecutive hours; or 

‘‘(3) unless that employee has had at least one period of at least 24 consecutive hours off duty in the past 7 consecutive days. 

The Secretary may waive paragraph (3) if a collective bargaining agreement provides a different arrangement and such arrangement provides an equivalent level 

of safety.’’; 

(2) by amending subsection (b)(4) to read as follows: 

‘‘(4)(A)(i) Except as provided in clauses (ii) and (iii), time spent in deadhead 

transportation to a duty assignment, time spent waiting for deadhead transportation, and time spent in deadhead transportation from a duty assignment to 

a place of final release is time on duty. 


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

deadhead transportation from a duty assignment to a place of final release is 

neither time on duty nor time off duty in situations involving delays in the operations of the railroad carrier, when the delays were caused by any of the following: 

‘‘(I) A casualty. 

‘‘(II) An accident. 

‘‘(III) A track obstruction. 

‘‘(IV) An act of God. 

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

‘‘(VI) A snowstorm. 

‘‘(VII) A landslide. 

‘‘(VIII) A track or bridge washout. 

‘‘(IX) A derailment. 

‘‘(X) A major equipment failure which prevents a train from advancing. 

‘‘(XI) Other delay from a cause unknown or unforeseeable to a railroad 

carrier and its officers and agents in charge of the employee when the employee left a designated terminal. 

‘‘(iii) In addition to any time qualifying as neither on duty nor off duty under 

clause (ii), at the election of the railroad carrier, time spent waiting for 

deadhead transportation and time spent in deadhead transportation to the place 

of final release may be treated as neither time on duty nor time off duty, subject 

to the following limitations: 

‘‘(I) Not more than 40 hours a month may be elected by the railroad carrier, for an employee, during the period from the date of enactment of the 

Federal Railroad Safety Improvement Act of 2007 to one year after such 

date of enactment. 

‘‘(II) Not more than 30 hours a month may be elected by the railroad carrier, for an employee, during the period beginning one year after the date 

of enactment of the Federal Railroad Safety Improvement Act of 2007 and 

ending two years after such date of enactment. 

‘‘(III) Not more than 10 hours a month may be elected by the railroad 

carrier, for an employee, during the period beginning two years after the 

date of enactment of the Federal Railroad Safety Improvement Act of 2007. 

‘‘(B) Each railroad carrier shall report to the Secretary of Transportation, in 

accordance with procedures contained in 49 CFR 228.19, each instance within 

30 days after the calendar month in which the instance occurs that a member 

of a train or engine crew or other employee engaged in or connected with the 

movement of any train, including a hostler, exceeds 12 consecutive hours, including—

‘‘(i) time on duty; and 

‘‘(ii) time spent waiting for deadhead transportation and the time spent 

in deadhead transportation from a duty assignment to the place of final release, that is not time on duty. 

‘‘(C) If—

‘‘(i) the time spent waiting for deadhead transportation, and the time 

spent in deadhead transportation from a duty assignment to the place of 

final release, that is not time on duty; plus 

‘‘(ii) the time on duty, 

exceeds 12 consecutive hours, the railroad carrier and its officers and agents 

shall provide the train employee with additional time off duty equal to the number of hours that such sum exceeds 12 hours.’’; and 

(3) by adding at the end the following new subsection: 

‘‘(d) COMMUNICATION DURING TIME OFF DUTY.—During a train employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a), or 

during an interim period of at least 4 consecutive hours available for rest under subsection (b)(7), a railroad carrier, and its managers, supervisors, officers, and agents, 

shall not communicate with the train employee by telephone, by pager, or in any 

other manner that could disrupt the employee’s rest. Nothing in this subsection 

shall prohibit communication necessary to notify an employee of an emergency situation posing potential risks to the employee’s safety or health.’’. 

SEC. 202. EMPLOYEE SLEEPING QUARTERS. 

Section 21106 of title 49, United States Code, is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A railroad carrier’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) CAMP CARS.—Effective 12 months after the date of enactment of this subsection, a railroad carrier and its officers and agents may not provide sleeping quarters through the use of camp cars, as defined in Appendix C to part 228 of title 49 


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of the Code of Federal Regulations, for employees and any individuals employed to 

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

SEC. 203. FATIGUE MANAGEMENT PLANS. 

(a) AMENDMENT.—Chapter 211 of title 49, United States Code, is amended by adding at the end the following new section: 

‘‘§ 21109. Fatigue management plans 

‘‘(a) PLAN SUBMISSION.— ‘‘(1) REQUIREMENT.—Each railroad carrier shall submit to the Secretary of 

Transportation, and update at least once every 2 years, a fatigue management 

plan that is designed to reduce the fatigue experienced by railroad employees 

and to reduce the likelihood of accidents and injuries caused by fatigue. The 

plan shall address the safety effects of fatigue on all employees performing safety sensitive functions, including employees not covered by this chapter. The 

plan shall be submitted not later than 1 year after the date of the enactment 

of this section, or not later than 45 days prior to commencing operations, whichever is later. ‘‘(2) CONTENTS OF PLAN.—The fatigue management plan shall— ‘‘(A) identify and prioritize all situations that pose a risk for safety that 

may be affected by fatigue; ‘‘(B) include the railroad carrier’s— ‘‘(i) rationale for including and not including each element described 

in subsection (b)(2) in the plan; ‘‘(ii) analysis supporting each element included in the plan; and 

‘‘(iii) explanations for how each element in the plan will reduce the 

risk associated with fatigue; ‘‘(C) describe how every condition on the railroad carrier’s property, and 

every type of employee, that is likely to be affected by fatigue is addressed 

in the plan; and ‘‘(D) include the name, title, address, and telephone number of the primary person to be contacted with regard to review of the plan. ‘‘(3) APPROVAL.—(A) The Secretary shall review each proposed plan and approve or disapprove such plan based on whether the requirements of this section are sufficiently and appropriately addressed and the proposals are adequately justified in the plan. ‘‘(B) If the proposed plan is not approved, the Secretary shall notify the affected railroad carrier as to the specific points in which the proposed plan is 

deficient, and the railroad carrier shall correct all deficiencies within 30 days 

following receipt of written notice from the Secretary. If a railroad carrier does 

not submit a plan (or, when directed by the Secretary, an amended plan), or 

if a railroad carrier’s amended plan is not approved by the Secretary, the Secretary shall prescribe a fatigue management plan for the railroad carrier. ‘‘(4) EMPLOYEE PARTICIPATION.—(A) Each affected railroad carrier shall consult with, and employ good faith and use its best efforts to reach agreement by 

consensus with, all of its directly affected employee groups on the contents of 

the fatigue management plan, and, except as provided in subparagraph (C), 

shall jointly with such groups submit the plan to the Secretary. ‘‘(B) In the event that labor organizations represent classes or crafts of directly affected employees of the railroad carrier, the railroad carrier shall consult with these organizations in drafting the plan. The Secretary may provide 

technical assistance and guidance to such parties in the drafting of the plan. ‘‘(C) If the railroad carrier and its directly affected employees (including any 

labor organization representing a class or craft of directly affected employees of 

the railroad carrier) cannot reach consensus on the proposed contents of the 

plan, then—

‘‘(i) the railroad carrier shall file the plan with the Secretary; and 

‘‘(ii) directly affected employees and labor organizations representing a 

class or craft of directly affected employees may, at their option, file a statement with the Secretary explaining their views on the plan on which consensus was not reached. 

‘‘(b) ELEMENTS OF THE FATIGUE MANAGEMENT PLAN.—

‘‘(1) CONSIDERATION OF VARYING CIRCUMSTANCES.—Each plan filed with the 

Secretary under the procedures of subsection (a) shall take into account the 

varying circumstances of operations by the railroad carrier on different parts of 

its system, and shall prescribe appropriate fatigue countermeasures to address 

those varying circumstances. 

‘‘(2) ISSUES AFFECTING ALL EMPLOYEES PERFORMING SAFETY SENSITIVE FUNCTIONS.—The railroad carrier shall consider the need to include in its fatigue 

management plan elements addressing each of the following issues: 


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‘‘(A) Education and training on the physiological and human factors that 

affect fatigue, as well as strategies to counter fatigue, based on current and 

evolving scientific and medical research and literature. 

‘‘(B) Opportunities for identification, diagnosis, and treatment of any 

medical condition that may affect alertness or fatigue, including sleep disorders. 

‘‘(C) Effects on employee fatigue of emergency response involving both 

short-term emergency situations, including derailments, and long-term 

emergency situations, including natural disasters. 

‘‘(D) Scheduling practices involving train lineups and calling times, including work/rest cycles for shift workers and on-call employees that permit 

employees to compensate for cumulative sleep loss by guaranteeing a minimum number of consecutive days off (exclusive of time off due to illness 

or injury). 

‘‘(E) Minimizing the incidence of fatigue that occurs as a result of working 

at times when the natural circadian rhythm increases fatigue. 

‘‘(F) Alertness strategies, such as policies on napping, to address acute 

sleepiness and fatigue while an employee is on duty. 

‘‘(G) Opportunities to obtain restful sleep at lodging facilities, including 

sleeping quarters provided by the railroad carrier. 

‘‘(H) In connection with the scheduling of a duty call, increasing the number of consecutive hours of rest off duty, during which an employee receives 

no communication from the employing railroad carrier or its managers, supervisors, officers, or agents. 

‘‘(I) Avoiding abrupt changes in rest cycles for employees returning to 

duty after an extended absence due to circumstances such as illness or injury. 

‘‘(J) Additional elements as the Secretary considers appropriate. 

‘‘(c) COMPLIANCE AND ENFORCEMENT.—

‘‘(1) COMPLIANCE REQUIREMENT.—Effective upon approval or prescription of a 

fatigue management plan, compliance with that fatigue management plan becomes mandatory and enforceable by the Secretary. 

‘‘(2) EFFECTIVE DATE.—A fatigue management plan may include effective 

dates later than the date of approval of the plan, and may include different effective dates for different parts of the plan. 

‘‘(3) AUDITS.—To enforce this section, the Secretary may conduct inspections 

and periodic audits of a railroad carrier’s compliance with its fatigue management plan. 

‘‘(d) DEFINITION.—For purposes of this section the term ‘directly affected employees’ means employees, including employees of an independent contractor or subcontractor, to whose hours of service the terms of a fatigue management plan specifically apply.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections for chapter 211 of title 

49, United States Code, is amended by adding at the end the following new item: 

‘‘21109. Fatigue management plans.’’. 

SEC. 204. REGULATORY AUTHORITY. 

(a) AMENDMENT.—Chapter 211 of title 49, United States Code, as amended by this 

Act, is further amended by adding at the end the following new section: 

‘‘§ 21110. Regulatory authority 

‘‘The Secretary of Transportation may by regulation—

‘‘(1) reduce the maximum hours an employee may be required or allowed to 

go or remain on duty to a level less than the level established under this chapter, based on scientific and medical research; or 

‘‘(2) increase the minimum hours an employee may be required or allowed to 

rest to a level greater than the level established under this chapter, based on 

scientific and medical research.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections for chapter 211 of title 

49, United States Code, is amended by adding at the end the following new item: 

‘‘21110. Regulatory authority.’’. 

SEC. 205. CONFORMING AMENDMENT. 

Section 21303(c) of title 49, United States Code, is amended by striking ‘‘officers 

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


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TITLE III—PROTECTION OF EMPLOYEES AND 

WITNESSES 

SEC. 301. EMPLOYEE PROTECTIONS. 

Section 20109 of title 49, United States Code, is amended to read as follows: 

‘‘§ 20109. Employee protections 

‘‘(a) PROTECTED ACTIONS.—A railroad carrier engaged in interstate or foreign commerce, and an officer or employee of such a railroad carrier, shall not by threat, intimidation, or otherwise attempt to prevent an employee from, or discharge, discipline, or in any way discriminate against an employee for—

‘‘(1) filing a complaint or bringing or causing to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety, chapter 

51 or 57 of this title; 

‘‘(2) testifying in a proceeding described in paragraph (1); 

‘‘(3) notifying, or attempting to notify, the railroad carrier or the Secretary of 

Transportation of a work-related personal injury or work-related illness of an 

employee; 

‘‘(4) cooperating with a safety investigation by the Secretary of Transportation 

or the National Transportation Safety Board; 

‘‘(5) furnishing information to the Secretary of Transportation, the National 

Transportation Safety Board, or any other public official as to the facts relating 

to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with railroad transportation; or 

‘‘(6) accurately reporting hours of duty pursuant to chapter 211. 

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

threat, intimidation, or otherwise attempt to prevent an employee from, or discharge, discipline, or in any way discriminate against an employee for—

‘‘(A) reporting a hazardous condition; 

‘‘(B) refusing to work when confronted by a hazardous condition related to the 

performance of the employee’s duties, if the conditions described in paragraph 

(2) exist; or 

‘‘(C) refusing to authorize the use of any safety-related equipment, track, or 

structures, if the employee is responsible for the inspection or repair of the 

equipment, track, or structures, when the employee believes that the equipment, track, or structures are in a hazardous condition, if the conditions described in paragraph (2) exist. 

‘‘(2) A refusal is protected under paragraph (1)(B) and (C) if—

‘‘(A) the refusal is made in good faith and no reasonable alternative to the 

refusal is available to the employee; 

‘‘(B) the employee reasonably concludes that—

‘‘(i) the hazardous condition presents an imminent danger of death or serious injury; and 

‘‘(ii) the urgency of the situation does not allow sufficient time to eliminate the danger without such refusal; and 

‘‘(C) the employee, where possible, has notified the carrier of the existence of 

the hazardous condition and the intention not to perform further work, or not 

to authorize the use of the hazardous equipment, track, or structures, unless 

the condition is corrected immediately or the equipment, track, or structures are 

repaired properly or replaced. 

‘‘(3) This subsection does not apply to security personnel employed by a railroad 

carrier to protect individuals and property transported by railroad. 

‘‘(c) ENFORCEMENT ACTION.—

‘‘(1) IN GENERAL.—An employee who alleges discharge or other discrimination 

by any person in violation of subsection (a) may seek relief in accordance with 

the provisions of this section, with any petition or other request for relief under 

this section to be initiated by filing a complaint with the Secretary of Labor. 

‘‘(2) PROCEDURE.—

‘‘(A) IN GENERAL.—An action under this section shall be governed under 

the rules and procedures set forth in section 42121(b). 

‘‘(B) EXCEPTION.—Notification made under section 42121(b)(1) shall be 

made to the person named in the complaint and to the person’s employer. 

‘‘(C) BURDENS OF PROOF.—An action brought under this section shall be 

governed by the legal burdens of proof set forth in section 42121(b). 

‘‘(D) STATUTE OF LIMITATIONS.—An action under this section shall be commenced not later than 1 year after the date on which the violation occurs. 


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‘‘(3) DE NOVO REVIEW.—If the Secretary of Labor has not issued a final decision within 180 days after the filing of the complaint (or, in the event that a 

final order or decision is issued by the Secretary of Labor, whether within the 

180-day period or thereafter, then, not later than 90 days after such an order 

or decision is issued), the employee may bring an original action at law or equity for de novo review in the appropriate district court of the United States, 

which shall have jurisdiction over such an action without regard to the amount 

in controversy, and which action shall, at the request of either party to such 

action, be tried by the court with a jury. 

‘‘(d) REMEDIES.—

‘‘(1) IN GENERAL.—An employee prevailing in any action under this section 

shall be entitled to all relief necessary to make the covered individual whole. 

‘‘(2) DAMAGES.—Relief in an action under this section shall include—

‘‘(A) reinstatement with the same seniority status that the covered individual would have had, but for the discrimination; 

‘‘(B) the amount of any back pay, with interest; and 

‘‘(C) compensation for any special damages sustained as a result of the 

discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. 

‘‘(3) POSSIBLE RELIEF.—Relief may also include punitive damages in an 

amount not to exceed 10 times the amount of any compensatory damages 

awarded under this section. 

‘‘(e) CRIMINAL PENALTIES.—

‘‘(1) IN GENERAL.—It shall be unlawful for any railroad carrier to commit an 

act prohibited by subsection (a). Any person who willfully violates this section 

by terminating or retaliating against any such covered individual who makes 

a claim under this section shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. 

‘‘(2) REPORTING REQUIREMENT.—

‘‘(A) IN GENERAL.—The Attorney General shall submit to the Committee 

on Transportation and Infrastructure of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the Senate an 

annual report on the enforcement of paragraph (1). 

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

‘‘(i) identify each case in which formal charges under paragraph (1) 

were brought; 

‘‘(ii) describe the status or disposition of each such case; and 

‘‘(iii) in any actions under subsection (c)(1) in which the employee 

was the prevailing party or the substantially prevailing party, indicate 

whether or not any formal charges under paragraph (1) of this subsection have been brought and, if not, the reasons therefor. 

‘‘(f) NO PREEMPTION.—Nothing in this section preempts or diminishes any other 

safeguards against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other manner of discrimination provided by 

Federal or State law. 

‘‘(g) RIGHTS RETAINED BY COVERED INDIVIDUAL.—Nothing in this section shall be 

deemed to diminish the rights, privileges, or remedies of any covered individual 

under any Federal or State law or under any collective bargaining agreement. The 

rights and remedies in this section may not be waived by any agreement, policy, 

form, or condition of employment.’’. 

TITLE IV—GRADE CROSSINGS 

SEC. 401. TOLL-FREE NUMBER TO REPORT GRADE CROSSING PROBLEMS. 

Section 20152 of title 49, United States Code, is amended to read as follows: 

‘‘§ 20152. Emergency notification of grade crossing problems 

‘‘Not later than 18 months after the date of enactment of the Federal Railroad 

Safety Improvement Act of 2007, the Secretary of Transportation shall require each 

railroad carrier to—

‘‘(1) establish and maintain a toll-free telephone service, for rights-of-way over 

which it dispatches trains, to directly receive calls reporting—

‘‘(A) malfunctions of signals, crossing gates, and other devices to promote 

safety at the grade crossing of railroad tracks on those rights-of-way and 

public or private roads; and 

‘‘(B) disabled vehicles blocking railroad tracks at such grade crossings; 


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‘‘(2) upon receiving a report of a malfunction or disabled vehicle pursuant to 

paragraph (1), immediately contact trains operating near the grade crossing to 

warn them of the malfunction or disabled vehicle; 

‘‘(3) upon receiving a report of a malfunction or disabled vehicle pursuant to 

paragraph (1), and after contacting trains pursuant to paragraph (2), contact, 

as necessary, appropriate public safety officials having jurisdiction over the 

grade crossing to provide them with the information necessary for them to direct traffic, assist in the removal of the disabled vehicle, or carry out other activities appropriate to responding to the hazardous circumstance; and 

‘‘(4) ensure the placement at each grade crossing on rights-of-way that it owns 

of appropriately located signs, on which shall appear, at a minimum—

‘‘(A) a toll-free telephone number to be used for placing calls described in 

paragraph (1) to the railroad carrier dispatching trains on that right-ofway; 

‘‘(B) an explanation of the purpose of that toll-free number as described 

in paragraph (1); and 

‘‘(C) the grade crossing number assigned for that crossing by the National 

Highway-Rail Crossing Inventory established by the Department of Transportation. 

The Secretary of Transportation shall implement this section through appropriate 

regulations.’’. 

SEC. 402. ROADWAY USER SIGHT DISTANCE AT HIGHWAY-RAIL GRADE CROSSINGS. 

(a) IN GENERAL.—Subchapter II of chapter 201 of title 49, United States Code, is 

amended by adding at the end the following new section: 

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

‘‘(a) IN GENERAL.—Not later than 18 months after the date of enactment of the 

Federal Railroad Safety Improvement Act of 2007, the Secretary of Transportation 

shall prescribe regulations that require each railroad carrier to remove from its 

rights-of-way at all public highway-rail grade crossings, and at all private highwayrail grade crossings open to unrestricted public access (as declared in writing by the 

holder of the crossing right), grass, brush, shrubbery, trees, and other vegetation 

which may obstruct the view of a pedestrian or a vehicle operator for a reasonable 

distance in either direction of the train’s approach, and to maintain its rights-of-way 

at all such crossings free of such vegetation. In prescribing the regulations, the Secretary shall take into consideration to the extent practicable—

‘‘(1) the type of warning device or warning devices installed at the crossing; 

‘‘(2) factors affecting the timeliness and effectiveness of roadway user decisionmaking, including the maximum allowable roadway speed, maximum authorized train speed, angle of intersection, and topography; 

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

‘‘(4) any other factors affecting safety at such crossings. 

‘‘(b) PROTECTED VEGETATION.—In promulgating regulations pursuant to this section, the Secretary may make allowance for preservation of trees and other ornamental or protective growth where State or local law or policy would otherwise protect the vegetation from removal and where the roadway authority or private crossing holder is notified of the sight distance obstruction and, within a reasonable period specified by the regulation, takes appropriate temporary and permanent action 

to abate the hazard to roadway users (such as by closing the crossing, posting supplementary signage, installing active warning devices, lowering roadway speed, or 

installing traffic calming devices). 

‘‘(c) NO PREEMPTION.—Notwithstanding section 20106, subsections (a) and (b) of 

this section do not prohibit a State from continuing in force, or from enacting, a law, 

regulation, or order requiring the removal of obstructive vegetation from a railroad 

right-of-way for safety reasons that is more stringent than the requirements of the 

regulations prescribed pursuant to this section. 

‘‘(d) MODEL LEGISLATION.—Not later than 18 months after the date of enactment 

of the Federal Railroad Safety Improvement Act of 2007, the Secretary, after consultation with the Federal Railroad Safety Administration, the Federal Highway Administration, and States, shall develop and make available to States model legislation providing for improving safety by addressing sight obstructions at highway-rail 

grade crossings that are equipped solely with passive warnings, such as permanent 

structures, temporary structures, and standing railroad equipment, as recommended 

by the Inspector General of the Department of Transportation in Report No. MH–

2007–044.’’. 


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(b) CONFORMING AMENDMENT.—The table of sections for such subchapter II of 

chapter 201 is amended by inserting after the item relating to section 20155 the following new item: 

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

SEC. 403. GRADE CROSSING SIGNAL VIOLATIONS. 

(a) AMENDMENTS.—Section 20151 of title 49, United States Code, is amended—

(1) by amending the section heading to read as follows: 

‘‘§ 20151. Railroad trespassing, vandalism, and signal violation prevention 

strategy’’; 

(2) in subsection (a)—

(A) by striking ‘‘and vandalism affecting railroad safety’’ and inserting in 

lieu thereof ‘‘, vandalism affecting railroad safety, and violations of grade 

crossing signals’’; 

(B) by inserting ‘‘, concerning trespassing and vandalism,’’ after ‘‘such 

evaluation and review’’; and 

(C) by inserting ‘‘The second such evaluation and review, concerning violations of grade crossing signals, shall be completed before April 1, 2008.’’

after ‘‘November 2, 1994.’’; 

(3) in the subsection heading of subsection (b), by inserting ‘‘FOR TRESPASSING

AND VANDALISM PREVENTION’’ after ‘‘OUTREACH PROGRAM’’; 

(4) in subsection (c)—

(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), 

respectively; 

(B) by inserting ‘‘(1)’’ after ‘‘MODEL LEGISLATION.—’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(2) Within 18 months after the date of enactment of the Federal Railroad Safety 

Improvement Act of 2007, the Secretary, after consultation with State and local governments, railroad carriers, and rail labor organizations, shall develop and make 

available to State and local governments model State legislation providing for civil 

or criminal penalties, or both, for violations of grade crossing signals.’’; and 

(5) by adding at the end the following new subsection: 

‘‘(d) DEFINITION.—For purposes of this section, the term ‘violation of grade crossing signals’ includes any action by a motorist, unless directed by an authorized safety officer—

‘‘(1) to drive around a grade crossing gate in a position intended to block passage over railroad tracks; 

‘‘(2) to drive through a flashing grade crossing signal; 

‘‘(3) to drive through a grade crossing with passive warning signs without ensuring that the grade crossing could be safely crossed before any train arrived; 

and 

‘‘(4) in the vicinity of a grade crossing, that creates a hazard of an accident 

involving injury or property damage at the grade crossing.’’. 

(b) CONFORMING AMENDMENT.—The item relating to section 20151 in the table of 

sections for subchapter II of chapter 201 of title 49, United States Code, is amended 

to read as follows: 

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

SEC. 404. NATIONAL CROSSING INVENTORY. 

(a) IN GENERAL.—Subchapter II of chapter 201 of title 49, United States Code, as 

amended by this Act, is further amended by adding at the end the following new 

section: 

‘‘§ 20157. National crossing inventory 

‘‘(a) INITIAL REPORTING OF INFORMATION ABOUT PREVIOUSLY UNREPORTED CROSSINGS.—Not later than 1 year after the date of enactment of the Federal Railroad 

Safety Improvement Act of 2007 or 6 months after a new crossing becomes operational, whichever occurs later, each railroad carrier shall—

‘‘(1) report to the Secretary of Transportation current information, including 

information about warning devices and signage, as specified by the Secretary, 

concerning each previously unreported crossing through which it operates; or 

‘‘(2) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing. 

‘‘(b) UPDATING OF CROSSING INFORMATION.—(1) On a periodic basis beginning not 

later than 3 years after the date of enactment of the Federal Railroad Safety Improvement Act of 2007 and on or before September 30 of every third year thereafter, 

or as otherwise specified by the Secretary, each railroad carrier shall—


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‘‘(A) report to the Secretary current information, including information about 

warning devices and signage, as specified by the Secretary, concerning each 

crossing through which it operates; or 

‘‘(B) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing. 

‘‘(2) A railroad carrier that sells a crossing or any part of a crossing on or after 

the date of enactment of the Federal Railroad Safety Improvement Act of 2007 shall, 

not later than the date that is 18 months after the date of enactment of that Act 

or 3 months after the sale, whichever occurs later, or as otherwise specified by the 

Secretary, report to the Secretary current information, as specified by the Secretary, 

concerning the change in ownership of the crossing or part of the crossing. 

‘‘(c) RULEMAKING AUTHORITY.—The Secretary shall prescribe the regulations necessary to implement this section. The Secretary may enforce each provision of the 

Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instruction for States and railroads that is in effect 

on the date of enactment of the Federal Railroad Safety Improvement Act of 2007, 

until such provision is superseded by a regulation issued under this section. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) CROSSING.—The term ‘crossing’ means a location within a State, other 

than a location where one or more railroad tracks cross one or more railroad 

tracks either at grade or grade-separated, where—

‘‘(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either 

at grade or grade-separated; or 

‘‘(B) a pathway dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad 

tracks either at grade or grade-separated. 

‘‘(2) STATE.—The term ‘State’ means a State of the United States, the District 

of Columbia, or the Commonwealth of Puerto Rico.’’. 

(b) CONFORMING AMENDMENT.—The table of sections for such subchapter II of 

chapter 201 is amended by adding at the end the following new item: 

‘‘20157. National crossing inventory.’’. 

(c) REPORTING AND UPDATING.—Section 130 of title 23, United States Code, is 

amended by adding at the end the following: 

‘‘(l) NATIONAL CROSSING INVENTORY.—

‘‘(1) INITIAL REPORTING OF CROSSING INFORMATION.—Not later than 1 year 

after the date of enactment of the Federal Railroad Safety Improvement Act of 

2007 or within 6 months of a new crossing becoming operational, whichever occurs later, each State shall report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported crossing located 

within its borders. 

‘‘(2) PERIODIC UPDATING OF CROSSING INFORMATION.—On a periodic basis beginning not later than 3 years after the date of enactment of the Federal Railroad Safety Improvement Act of 2007 and on or before September 30 of every 

third year thereafter, or as otherwise specified by the Secretary, each State 

shall report to the Secretary current information, including information about 

warning devices and signage, as specified by the Secretary, concerning each 

crossing located within its borders. 

‘‘(3) RULEMAKING AUTHORITY.—The Secretary shall prescribe the regulations 

necessary to implement this subsection. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highwayrail crossing inventory policy, procedures, and instructions for States and railroads that is in effect on the date of enactment of the Federal Railroad Safety 

Improvement Act of 2007, until such provision is superseded by a regulation 

issued under this subsection. 

‘‘(4) DEFINITIONS.—In this subsection, the terms ‘crossing’ and ‘State’ have the 

meaning given those terms by section 20157(d)(1) and (2), respectively, of title 

49.’’. 

(d) CIVIL PENALTIES.—(1) Section 21301(a)(1) of title 49, United States Code, is 

amended—

(A) by inserting ‘‘with section 20157 or’’ after ‘‘comply’’ in the first sentence; 

and 

(B) by inserting ‘‘section 20157 of this title or’’ after ‘‘violating’’ in the second 

sentence. 


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(2) Section 21301(a)(2) of title 49, United States Code, is amended by inserting 

‘‘The Secretary shall impose a civil penalty for a violation of section 20157 of this 

title.’’ after the first sentence. 

SEC. 405. ACCIDENT AND INCIDENT REPORTING. 

The Federal Railroad Safety Administration shall conduct an audit of each Class 

I railroad at least once every 2 years and conduct an audit of each non-Class I railroad at least once every 5 years to ensure that all grade crossing collisions and fatalities are reported to the national accident database. 

SEC. 406. AUTHORITY TO BUY PROMOTIONAL ITEMS TO IMPROVE RAILROAD CROSSING SAFETY AND PREVENT RAILROAD TRESPASS. 

Section 20134(a) of title 49, United States Code, is amended by adding at the end 

the following: ‘‘The Secretary may purchase promotional items of nominal value and 

distribute them to the public without charge as part of an educational or awareness 

program to accomplish the purposes of this section and of any other sections of this 

title related to improving the safety of highway-rail crossings and to prevent trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the 

administration of this authority.’’. 

SEC. 407. OPERATION LIFESAVER. 

(a) GRANT.—The Federal Railroad Safety Administration shall make a grant or 

grants to Operation Lifesaver to carry out a public information and education program to help prevent and reduce pedestrian, bicycle, motor vehicle, and other incidents, injuries, and fatalities, and to improve awareness along railroad rights-of-way 

and at highway-rail grade crossings. This includes development, placement, and dissemination of Public Service Announcements in newspaper, radio, television, and 

other media. It will also include school presentations, brochures and materials, support for public awareness campaigns, and related support for the activities of Operation Lifesaver’s member organizations. 

(b) PILOT PROGRAM.—Funds provided under subsection (a) may also be used by 

Operation Lifesaver to implement a pilot program, to be known as the Railroad 

Safety Public Awareness Program, that addresses the need for targeted, sustained 

community outreach on the subjects described in subsection (a). Such pilot program 

shall be established in States and communities where risk is greatest, in terms of 

the number of crashes and population density near the railroad, including residences, businesses, and schools. Such pilot program shall be carried out through 

grants to Operation Lifesaver for work with community leaders, school districts, and 

public and private partners to identify the communities at greatest risk, and 

through development of an implementation plan. An evaluation component requirement shall be included in the grant to measure results. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to the Federal Railroad Safety Administration for carrying out this section 

$1,500,000 for each of the fiscal years 2008 through 2011. 

SEC. 408. STATE ACTION PLAN. 

(a) IN GENERAL.—The Secretary shall identify on an annual basis the top 10 

States that have had the most highway-rail grade crossing collisions over the past 

year. The Secretary shall work with each of these States to develop a State Grade 

Crossing Action Plan that identifies specific solutions for improving safety at crossings, particularly at crossings that have experienced multiple accidents. 

(b) REVIEW AND APPROVAL.—Not later than 60 days after the Secretary receives 

a plan under subsection (a), the Secretary shall review and approve or disapprove 

it. If the proposed plan is not approved, the Secretary shall notify the affected State 

as to the specific points in which the proposed plan is deficient, and the State shall 

correct all deficiencies within 30 days following receipt of written notice from the 

Secretary. 

SEC. 409. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO IMPROVE SAFETY AT HIGHWAY-RAIL GRADE CROSSINGS. 

(a) AMENDMENT.—Chapter 201 of title 49, United States Code, as amended by this 

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

‘‘§ 20165. Fostering introduction of new technology to improve safety at 

highway-rail grade crossings 

‘‘(a) FINDINGS.—(1) Collisions between highway users and trains at highway-rail 

grade crossings continue to cause an unacceptable loss of life and serious personal 

injury and also threaten the safety of rail transportation. 

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

grade separations offers the greatest long-term promise for optimizing the safety 

and efficiency of the two modes of transportation, over 140,000 public grade crossVerDate Aug 31 2005 04:25 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6621 E:\HR\OC\HR336.XXX HR336

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ings remain on the general rail system—approximately one for each route mile on 

the general rail system. 

‘‘(3) Conventional highway traffic control devices such as flashing lights and gates 

are effective in warning motorists of a train’s approach to an equipped crossing. 

‘‘(4) Since enactment of the Highway Safety Act of 1973, over $4,200,000,000 of 

Federal funding has been invested in safety improvements at highway-rail grade 

crossings, yet a majority of public highway-rail grade crossings are not yet equipped 

with active warning systems. 

‘‘(5) The emergence of new technologies supporting Intelligent Transportation Systems presents opportunities for more effective and affordable warnings and safer 

passage of highway users and trains at remaining highway-rail grade crossings. 

‘‘(6) Implementation of new crossing safety technology will require extensive cooperation between highway authorities and railroad carriers. 

‘‘(7) Federal Railroad Safety Administration regulations establishing performance 

standards for processor-based signal and train control systems provide a suitable 

framework for qualification of new or novel technology at highway-rail grade crossings, and the Federal Highway Administration’s Manual on Uniform Traffic Control 

Devices provides an appropriate means of determining highway user interface with 

such new technology. 

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

of new technology that can prevent loss of life and injuries at highway-rail grade 

crossings. The Secretary of Transportation is designated to carry out this policy in 

consultation with States and necessary public and private entities.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections for chapter 201 of title 

49, United States Code, as amended by this Act, is further amended by adding at 

the end the following new item: 

‘‘20165. Fostering introduction of new technology to improve safety at highway-rail grade crossings.’’. 

TITLE V—ENFORCEMENT 

SEC. 501. ENFORCEMENT. 

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

(1) by inserting ‘‘this part or’’ in paragraph (1) after ‘‘enforce,’’; 

(2) by striking ‘‘21301’’ in paragraph (2) and inserting ‘‘21301, 21302, or 

21303’’; 

(3) by striking ‘‘subpena’’ in paragraph (3) and inserting ‘‘subpoena, request 

for admissions, request for production of documents or other tangible things, or 

request for testimony by deposition’’; and 

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

SEC. 502. CIVIL PENALTIES. 

(a) GENERAL VIOLATIONS OF CHAPTER 201.—Section 21301(a)(2) of title 49, United 

States Code, is amended—

(1) by striking ‘‘$10,000’’ and inserting ‘‘$25,000’’; and 

(2) by striking ‘‘$20,000’’ and inserting ‘‘$100,000’’. 

(b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAPTER 201; VIOLATIONS OF CHAPTERS 203 THROUGH 209.—Section 21302(a)(2) of title 49, United States Code, is 

amended—

(1) by striking ‘‘$10,000’’ and inserting ‘‘$25,000’’; and 

(2) by striking ‘‘$20,000’’ and inserting ‘‘$100,000’’. 

(c) VIOLATIONS OF CHAPTER 211.—Section 21303(a)(2) of title 49, United States 

Code, is amended—

(1) by striking ‘‘$10,000’’ and inserting ‘‘$25,000’’; and 

(2) by striking ‘‘$20,000’’ and inserting ‘‘$100,000’’. 

SEC. 503. CRIMINAL PENALTIES. 

Section 21311(b) of title 49, United States Code, is amended by striking ‘‘$500’’

both places it appears and inserting ‘‘$2,500’’. 

SEC. 504. EXPANSION OF EMERGENCY ORDER AUTHORITY. 

Section 20104(a)(1) of title 49, United States Code, is amended by striking ‘‘death 

or personal injury’’ and inserting ‘‘death, personal injury, or significant harm to the 

environment’’. 

SEC. 505. ENFORCEMENT TRANSPARENCY. 

(a) AMENDMENT.—Subchapter I of chapter 201 of title 49, United States Code, is 

amended by adding at the end the following: 


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‘‘§ 20118. Enforcement transparency 

‘‘(a) IN GENERAL.—Not later than December 31, 2007, the Secretary of Transportation shall—

‘‘(1) provide a monthly updated summary to the public of all railroad enforcement actions taken by the Secretary or the Federal Railroad Safety Administration, from the time a notice commencing an enforcement action is issued until 

the enforcement action is final; 

‘‘(2) include in each such summary identification of the railroad carrier or person involved in the enforcement activity, the type of alleged violation, the penalty or penalties proposed, any changes in case status since the previous summary, the final assessment amount of each penalty, and the reasons for a reduction in the proposed penalty, if appropriate; and 

‘‘(3) provide a mechanism by which a railroad carrier or person named in an 

enforcement action may make information, explanations, or documents it believes are responsive to the enforcement action available to the public. 

‘‘(b) ELECTRONIC AVAILABILITY.—Each summary under this section shall be made 

available to the public by electronic means. 

‘‘(c) RELATIONSHIP TO FOIA.—Nothing in this section shall be construed to require 

disclosure of information or records that are exempt from disclosure under section 

552 of title 5.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections of subchapter I of 

chapter 201 of title 49, United States Code, is amended by adding at the end the 

following new item: 

‘‘20118. Enforcement transparency.’’. 

SEC. 506. INTERFERING WITH OR HAMPERING SAFETY INVESTIGATIONS. 

(a) AMENDMENT.—Subchapter II of chapter 213 of title 49, United States Code, 

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

‘‘§ 21312. Interfering with or hampering safety investigations 

‘‘(a) IN GENERAL.—It shall be unlawful for any person knowingly to interfere with, 

obstruct, or hamper an investigation by the Secretary of Transportation conducted 

under section 20703 or 20902 of this title, or a railroad investigation by the National Transportation Safety Board under chapter 11 of this title. 

‘‘(b) INTIMIDATION AND HARASSMENT.—It shall be unlawful for any person, with 

regard to an investigation conducted by the Secretary under section 20703 or 20902 

of this title, or a railroad investigation by the National Transportation Safety Board 

under chapter 11 of this title, knowingly or intentionally to use intimidation, harassment, threats, or physical force toward another person, or corruptly persuade another person, or attempt to do so, or engage in misleading conduct toward another 

person, with the intent or effect of—

‘‘(1) influencing the testimony or statement of any person; 

‘‘(2) hindering, delaying, preventing, or dissuading any person from—

‘‘(A) attending a proceeding or interview with, testifying before, or providing a written statement to, a National Transportation Safety Board railroad investigator, a Federal railroad safety inspector or State railroad safety inspector, or their superiors; 

‘‘(B) communicating or reporting to a National Transportation Safety 

Board railroad investigator, a Federal railroad safety inspector, or a State 

railroad safety inspector, or their superiors, information relating to the 

commission or possible commission of one or more violations of this part or 

of chapter 51 of this title; or 

‘‘(C) recommending or using any legal remedy available to the Secretary 

under this title; or 

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

‘‘(A) withhold testimony, or a statement, record, document, or other object, from the investigation; 

‘‘(B) alter, destroy, mutilate, or conceal a statement, record, document, or 

other object with intent to impair the integrity or availability of the statement, record, document, or other object for use in the investigation; 

‘‘(C) evade legal process summoning that person to appear as a witness, 

or to produce a statement, record, document, or other object, in the investigation; or 

‘‘(D) be absent from an investigation to which such person has been summoned by legal process. 

‘‘(c) ELEMENTS OF VIOLATION.—(1) For the purposes of this section, the testimony 

or statement, or the record, document, or other object, need not be admissible in evidence or free from a claim of privilege. 


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‘‘(2) In a prosecution for an offense under this section, no state of mind need be 

proved with respect to the circumstance that the investigation is being conducted 

by the Secretary under section 20703 or 20902 of this title or by the National Transportation Safety Board under chapter 11 of this title. 

‘‘(d) CRIMINAL PENALTIES.—A person violating this section shall be fined under 

title 18, imprisoned for not more than 1 year, or both.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections of subchapter II of 

chapter 213 of title 49, United States Code, is amended by adding at the end the 

following new item: 

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

SEC. 507. RAILROAD RADIO MONITORING AUTHORITY. 

Section 20107 of title 49, United States Code, is amended by inserting at the end 

the following: 

‘‘(c) RAILROAD RADIO COMMUNICATIONS.—

‘‘(1) IN GENERAL.—To carry out the Secretary’s responsibilities under this part 

and under chapter 51, the Secretary may authorize officers, employees, or 

agents of the Secretary to conduct the following activities in circumstances the 

Secretary finds to be reasonable: 

‘‘(A) Intercepting a radio communication, with or without the consent of 

the sender or other receivers of the communication, but only where such 

communication is broadcast or transmitted over a radio frequency which 

is—

‘‘(i) authorized for use by one or more railroad carriers by the Federal 

Communications Commission; and 

‘‘(ii) primarily used by such railroad carriers for communications in 

connection with railroad operations. 

‘‘(B) Communicating the existence, contents, substance, purport, effect, or 

meaning of the communication, subject to the restrictions in paragraph (3). 

‘‘(C) Receiving or assisting in receiving the communication (or any information therein contained). 

‘‘(D) Disclosing the contents, substance, purport, effect, or meaning of the 

communication (or any part thereof of such communication) or using the 

communication (or any information contained therein), subject to the restrictions in paragraph (3), after having received the communication or acquired knowledge of the contents, substance, purport, effect, or meaning of 

the communication (or any part thereof). 

‘‘(E) Recording the communication by any means, including writing and 

tape recording. 

‘‘(2) ACCIDENT PREVENTION AND ACCIDENT INVESTIGATION.—The Secretary, 

and officers, employees, and agents of the Department of Transportation authorized by the Secretary, may engage in the activities authorized by paragraph 

(1) for the purpose of accident prevention and accident investigation. 

‘‘(3) USE OF INFORMATION.—(A) Information obtained through activities authorized by paragraphs (1) and (2) shall not be admitted into evidence in any 

administrative or judicial proceeding except—

‘‘(i) in a prosecution of a felony under Federal or State criminal law; or 

‘‘(ii) to impeach evidence offered by a party other than the Federal Government regarding the existence, electronic characteristics, content, substance, purport, effect, meaning, or timing of, or identity of parties to, a 

communication intercepted pursuant to paragraphs (1) and (2) in proceedings pursuant to section 5122, 5123, 20702(b), 20111, 20112, 20113, or 

20114 of this title. 

‘‘(B) If information obtained through activities set forth in paragraphs (1) and 

(2) is admitted into evidence for impeachment purposes in accordance with subparagraph (A), the court, administrative law judge, or other officer before whom 

the proceeding is conducted may make such protective orders regarding the confidentiality or use of the information as may be appropriate in the circumstances to protect privacy and administer justice. 

‘‘(C) No evidence shall be excluded in an administrative or judicial proceeding 

solely because the government would not have learned of the existence of or obtained such evidence but for the interception of information that is not admissible in such proceeding under subparagraph (A). 

‘‘(D) Information obtained through activities set forth in paragraphs (1) and 

(2) shall not be subject to publication or disclosure, or search or review in connection therewith, under section 552 of title 5. 

‘‘(E) Nothing in this subsection shall be construed to impair or otherwise affect the authority of the United States to intercept a communication, and colVerDate Aug 31 2005 04:25 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00017 Fmt 6659 Sfmt 6621 E:\HR\OC\HR336.XXX HR336

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lect, retain, analyze, use, and disseminate the information obtained thereby, 

under a provision of law other than this subsection. ‘‘(4) APPLICATION WITH OTHER LAW.—Section 705 of the Communications Act 

of 1934 (47 U.S.C. 605) and chapter 119 of title 18 shall not apply to conduct 

authorized by and pursuant to this subsection.’’. 

SEC. 508. INSPECTOR STAFFING. 

The Secretary shall increase the total number of positions for railroad safety inspection and enforcement personnel at the Federal Railroad Safety Administration 

so that by December 31, 2008, the total number of such positions is at least 500, 

by December 31, 2009, the total number of such positions is at least 600, by December 31, 2010, the total number of such positions is at least 700, and by December 

31, 2011, the total number of positions is at least 800. 

TITLE VI—MISCELLANEOUS PROVISIONS 

SEC. 601. POSITIVE TRAIN CONTROL SYSTEMS. 

(a) IN GENERAL.—Not later than 12 months after the date of enactment of this 

Act, each Class I railroad carrier shall develop and submit to the Secretary a plan 

for implementing a positive train control system by December 31, 2014, that will 

minimize the risk of train collisions and over-speed derailments, provide protection 

to maintenance-of-way workers within established work zone limits, and minimize 

the risk of the movement of a train through a switch left in the wrong position. 

(b) SAFETY REDUNDANCY.—The positive train control system required under subsection (a) shall provide a safety redundancy to minimize the risk of accidents by 

overriding human performance failures involving train movements on main line 

tracks. 

(c) CONTENTS OF PLAN.—The Secretary may provide technical assistance and 

guidance to railroad carriers in developing the plans required under subsection (a), 

and shall require that each railroad carrier include in the plan, at a minimum— (1) measurable goals, including a strategy and timeline for implementation of 

such systems; 

(2) a prioritization of how the systems will be implemented, with particular 

emphasis on high-risk corridors such as those that have significant movements 

of hazardous materials or where commuter and intercity passenger railroads operate; 

(3) identification of detailed steps the carriers will take to implement the systems; and 

(4) any other element the Secretary considers appropriate. 

(d) REVIEW AND APPROVAL.—Not later than 90 days after the Secretary receives 

a plan, the Secretary shall review and approve it. If the proposed plan is not approved, the Secretary shall notify the affected railroad carrier as to the specific 

points in which the proposed plan is deficient, and the railroad carrier shall correct 

all deficiencies within 30 days following receipt of written notice from the Secretary. 

The Secretary shall annually conduct a review to ensure that the railroads are complying with their plans. 

(e) REPORT.—Not later than December 31, 2011, the Secretary shall transmit a 

report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the 

Senate on the progress of the railroad carriers in implementing such positive train 

control systems. 

(f) AUTHORITY TO EXTEND DEADLINE.—The Secretary may extend the date for implementation required under subsection (a) for any Class I railroad carrier for a period of not more than 24 months if the Secretary determines such an extension is 

necessary—

(1) to implement a more effective positive train control system than would be 

possible under the date established in subsection (a); 

(2) to obtain interoperability between positive train control systems implemented by railroad carriers; 

(3) for the Secretary to determine that a positive train control system meets 

the requirements of this section and regulations issued by the Secretary; or 

(4) to otherwise enhance safety. 

(g) CERTIFICATION.—The Secretary shall not permit the installation of any positive 

train control system or component unless the Secretary has certified that such system or component has not experienced a safety-critical failure during prior testing 

and evaluation. If such a failure has occurred, the system or component may be repaired and evaluated in accordance with part 236 of title 49 of the Code of Federal 

Regulations and may be installed when the Secretary certifies that the factors causVerDate Aug 31 2005 06:27 Sep 20, 2007 Jkt 059006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6621 E:\HR\OC\HR336.XXX HR336

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ing the failure have been corrected and approves the system for installation in accordance with such part 236. 

(h) NOTICE.—Not later than 30 days after the Secretary grants an extension 

under subsection (f), the Secretary shall publish a notice in the Federal Register 

that identifies the Class I railroad carrier that is being granted the extension, the 

reasons for granting the extension, and the length of the extension. 

SEC. 602. WARNING IN NONSIGNALED TERRITORY. 

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49, United States Code, 

as amended by this Act, is further amended by adding at the end the following new 

section: 

‘‘§ 20158. Warning in nonsignaled territory 

‘‘Not later than 12 months after the date of enactment of the Federal Railroad 

Safety Improvement Act of 2007, the Secretary of Transportation shall prescribe 

regulations that require railroads, with respect to main lines in nonsignaled territory without a train speed enforcement system that would stop a train in advance 

of a misaligned switch, to either—

‘‘(1) install an automatically activated device, in addition to the switch banner, that will, visually or electronically, compellingly capture the attention of 

the employees involved with switch operations and clearly convey the status of 

the switch both in daylight and darkness; or 

‘‘(2) operate trains at speeds that will allow them to be safely stopped in advance of misaligned switches.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections of subchapter II of 

chapter 201 of title 49, United States Code, is amended by adding at the end the 

following new item: 

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

SEC. 603. TRACK SAFETY. 

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49, United States Code, 

as amended by this Act, is further amended by adding at the end the following new 

section: 

‘‘§ 20159. Track safety 

‘‘(a) RAIL INTEGRITY.—Not later than 12 months after the date of enactment of the 

Federal Railroad Safety Improvement Act of 2007, the Secretary of Transportation 

shall prescribe regulations to require railroad carriers to manage the rail in their 

tracks so as to minimize accidents due to internal rail flaws. The regulations shall, 

at a minimum—

‘‘(1) require railroad carriers to conduct ultrasonic or other appropriate inspections to ensure that rail used to replace defective segments of existing rail 

is free from internal defects; 

‘‘(2) require railroad carriers to perform rail integrity inspections to manage 

an annual service failure rate of less than .1 per track mile on high-risk corridors such as those that have significant movements of hazardous materials or 

where commuter and intercity passenger railroads operate; and 

‘‘(3) encourage railroad carrier use of advanced rail defect inspection equipment and similar technologies as part of a comprehensive rail inspection program. 

‘‘(b) CONCRETE CROSSTIES.—Not later than 18 months after the date of enactment 

of the Federal Railroad Safety Improvement Act of 2007, the Secretary shall develop 

and implement regulations for all classes of track for concrete crossties that address, 

at a minimum—

‘‘(1) limits for rail seat abrasion; 

‘‘(2) concrete crosstie pad wear limits; 

‘‘(3) missing or broken rail fasteners; 

‘‘(4) loss of appropriate toeload pressure; 

‘‘(5) improper fastener configurations; and 

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

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections of subchapter II of 

chapter 201 of title 49, United States Code, is amended by adding at the end the 

following new item: 

‘‘20159. Track safety.’’. 

SEC. 604. CERTIFICATION OF CONDUCTORS. 

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49, United States Code, 

as amended by this Act, is further amended by adding at the end the following new 

section: 


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‘‘§ 20160. Certification of conductors 

‘‘(a) REGULATIONS.—Not later than 18 months after the date of enactment of the 

Federal Railroad Safety Improvement Act of 2007, the Secretary of Transportation 

shall prescribe regulations and issue orders to establish a program requiring the 

certification of train conductors. In prescribing such regulations, the Secretary shall 

require that conductors on passenger trains be trained in security, first aid, and 

emergency preparedness. ‘‘(b) PROGRAM DESIGN.—The program established under this section shall be designed based on the requirements of section 20135(b) through (e).’’. (b) TABLE OF SECTIONS AMENDMENT.—The table of sections of subchapter II of 

chapter 201 of title 49, United States Code, is amended by adding at the end the 

following new item: 

‘‘20160. Certification of conductors.’’. 

SEC. 605. MINIMUM TRAINING STANDARDS. 

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49, United States Code, 

as amended by this Act, is further amended by adding at the end the following new 

section: 

‘‘§ 20161. Minimum training standards 

‘‘The Secretary of Transportation shall, not later than 180 days after the date of 

enactment of the Federal Railroad Safety Improvement Act of 2007, establish— ‘‘(1) minimum training standards for each class and craft of railroad employees, which shall require railroad carriers to qualify or otherwise document the 

proficiency of their employees in each class and craft regarding their knowledge 

of, and ability to comply with, Federal railroad safety laws and regulations and 

railroad carrier rules and procedures promulgated to implement those Federal 

railroad safety laws and regulations; ‘‘(2) a requirement for railroad carriers to submit their training and qualification programs to the Federal Railroad Safety Administration for approval; and ‘‘(3) a minimum training curriculum, and ongoing training criteria, testing, 

and skills evaluation measures to ensure that railroad employees charged with 

the inspection of track or railroad equipment are qualified to assess railroad 

compliance with Federal standards to identify defective conditions and initiate 

immediate remedial action to correct critical safety defects that are known to 

contribute to derailments, accidents, or injury. In implementing the requirements of this paragraph, the Secretary shall take into consideration existing 

training programs of railroad carriers.’’. (b) TABLE OF SECTIONS AMENDMENT.—The table of sections of subchapter II of 

chapter 201 of title 49, United States Code, is amended by adding at the end the 

following new item: 

‘‘20161. Minimum training standards.’’. 

SEC. 606. PROMPT MEDICAL ATTENTION. 

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49, United States Code, 

as amended by this Act, is further amended by adding at the end the following new 

section: 

‘‘§ 20162. Prompt medical attention 

‘‘(a) PROHIBITION.—A railroad or person covered under this title shall not deny, 

delay, or interfere with the medical or first aid treatment of an employee who is 

injured during the course of employment. If transportation to a hospital is requested 

by an employee who is injured during the course of employment, the railroad shall 

promptly arrange to have the injured employee transported to the nearest medically 

appropriate hospital. 

‘‘(b) DISCIPLINE.—A railroad or person covered under this title shall not discipline, 

or threaten discipline to, an employee for requesting medical or first aid treatment, 

or for following orders or a treatment plan of a treating physician. For purposes of 

this subsection, discipline means to bring charges against a person in a disciplinary 

proceeding, suspend, terminate, place on probation, or make note of reprimand on 

an employee’s record.’’. 

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections of subchapter II of 

chapter 201 of title 49, United States Code, is amended by adding at the end the 

following new item: 

‘‘20162. Prompt medical attention.’’. 

SEC. 607. EMERGENCY ESCAPE BREATHING APPARATUS. 

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49, United States Code, 

as amended by this Act, is further amended by adding at the end the following new 

section: 


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‘‘§ 20163. Emergency escape breathing apparatus 

‘‘Not later than 18 months after the date of enactment of the Federal Railroad 

Safety Improvement Act of 2007, the Secretary of Transportation shall prescribe 

regulations that require railroads to— ‘‘(1) provide emergency escape breathing apparatus for all crewmembers on 

freight trains carrying hazardous materials that would pose an inhalation hazard in the event of release; and ‘‘(2) provide their crewmembers with appropriate training for using the 

breathing apparatus.’’. (b) TABLE OF SECTIONS AMENDMENT.—The table of sections of subchapter II of 

chapter 201 of title 49, United States Code, is amended by adding at the end the 

following new item: 

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

SEC. 608. LOCOMOTIVE CAB ENVIRONMENT. 

Not later than 12 months after the date of enactment of this Act, the Secretary 

of Transportation shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on the effects of the locomotive 

cab environment on the safety, health, and performance of train crews. 

SEC. 609. TUNNEL INFORMATION. 

Not later than 120 days after the date of enactment of this Act, each railroad carrier (as defined in section 20102 of title 49, United States Code) shall, with respect 

to each of its tunnels which— (1) are longer than 1000 feet and located under a city with a population of 

400,000 or greater; or 

(2) carry 5 or more scheduled passenger trains per day, or 500 or more carloads of Toxic Inhalation Hazardous materials per year, 

maintain for at least two years historical documentation of structural inspection and 

maintenance activities for such tunnels, including information on the methods of ingress and egress into and out of the tunnel, the types of cargos typically transported 

through the tunnel, and schematics or blueprints for the tunnel, when available. 

Upon request, a railroad carrier shall also provide periodic briefings to the government of the local jurisdiction in which the tunnel is located, including updates 

whenever a repair or rehabilitation project substantially alters the methods of ingress and egress. Such governments shall use appropriate means to protect and restrict the distribution of any security sensitive information provided by the railroad 

carrier under this section, consistent with national security interests. 

SEC. 610. RAILROAD POLICE. 

Section 28101 of title 49, United States Code, is amended by striking ‘‘the rail carrier’’ each place it appears and inserting ‘‘any rail carrier’’. 

SEC. 611. MUSEUM LOCOMOTIVE STUDY. 

(a) STUDY.—The Secretary of Transportation shall conduct a study of its regulations relating to safety inspections of diesel-electric locomotives and equipment and 

the safety consequences of requiring less frequent inspections of such locomotives 

which are operated by museums, including annual inspections or inspections based 

on accumulated operating hours. The study shall include an analysis of the safety 

consequences of requiring less frequent air brake inspections of such locomotives. 

(b) REPORT.—Not later than 12 months after the date of enactment of this Act, 

the Secretary of Transportation shall transmit a report on the results of the study 

conducted under subsection (a) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate. 

SEC. 612. CERTIFICATION OF CARMEN. 

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49, United States Code, 

as amended by this Act, is further amended by adding at the end the following new 

section: 

‘‘§ 20164. Certification of carmen 

‘‘(a) REGULATIONS.—Not later than 18 months after the date of enactment of the 

Federal Railroad Safety Improvement Act of 2007, the Secretary of Transportation 

shall prescribe regulations and issue orders to establish a program requiring the 

certification of carmen, including all employees performing mechanical inspections, 

brake system inspections, or maintenance on freight and passenger rail cars. 

‘‘(b) PROGRAM DESIGN.—The program established under this section shall be designed by the Secretary of Transportation based on the requirements of parts 215, 

221, 231, 232, and 238 of title 49 of the Code of Federal Regulations.’’. 


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(b) TABLE OF SECTIONS AMENDMENT.—The table of sections of subchapter II of 

chapter 201 of title 49, United States Code, is amended by adding at the end the 

following new item: 

‘‘20164. Certification of carmen.’’. 

SEC. 613. TRAIN CONTROL SYSTEMS DEPLOYMENT GRANTS. 

(a) GRANT PROGRAM.—The Secretary of Transportation shall establish a grant 

program for the deployment of train control and component technologies, including—

(1) communications-based train control systems designed to prevent train 

movement authority violations, over-speed violations, and train collision accidents caused by noncompliance with authorities as well as to provide additional 

protections to roadway workers and protect against open switches in nonsignal 

territories; 

(2) remote control power switch technology; 

(3) switch point monitoring technology; and 

(4) track integrity circuit technology. 

(b) GRANT CRITERIA.—

(1) ELIGIBILITY.—Grants shall be made under this section to eligible passenger and freight railroad carriers and State and local governments for 

projects described in subsection (a) that have a public benefit of improved safety 

or network efficiency. 

(2) IMPLEMENTATION PLAN.—An applicant for a grant made pursuant to this 

section shall file with the Secretary a train control implementation plan that 

shall describe the overall safety and efficiency benefits of installing systems described in subsection (a) and the stages for implementing such systems. 

(3) CONSIDERATION.—The Secretary shall give priority consideration to applications that benefit both passenger and freight safety and efficiency, or 

incentivize train control technology deployment on high-risk corridors such as 

those that have significant movements of hazardous materials or where commuter and intercity passenger railroads operate. 

(c) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2008 

through 2011 to carry out this section. 

(2) Amounts made available pursuant to this subsection shall remain available 

until expended. 

SEC. 614. INFRASTRUCTURE SAFETY INVESTMENT REPORTS. 

Not later than February 15th of each year, each Class I railroad shall file a report 

with both the Federal Railroad Safety Administration and the Surface Transportation Board detailing, by State, the infrastructure investments and maintenance 

they have performed on their system, including but not limited to track, locomotives, 

railcars, and grade crossings, in the previous calendar year to ensure the safe movement of freight, and their plans for such investments and maintenance in the current calendar year. Such reports shall be publicly available, and any interested 

party may file comments about the reports, which also shall be made public. 

SEC. 615. EMERGENCY GRADE CROSSING SAFETY IMPROVEMENTS. 

(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Transportation shall establish 

a grant program to provide for emergency grade crossing safety improvements, including the installation, repair, or improvement of—

(1) railroad crossing signals, gates, and related technologies, including median 

barriers and four quadrant gates; 

(2) highway traffic signalization, including highway signals tied to railroad 

signal systems; 

(3) highway lighting and crossing approach signage; 

(4) roadway improvements, including railroad crossing panels and surfaces; 

and 

(5) related work to mitigate dangerous conditions. 

(b) GRANT CRITERIA.—

(1) ELIGIBILITY.—The Secretary may make grants to State and local governments under this section to provide emergency grade crossing safety improvements at a location where there has been a railroad grade crossing collision 

with a school bus, or collision involving three or more serious bodily injuries or 

fatalities. 

(2) MAXIMUM AMOUNT.—Grants awarded under paragraph (1) shall not exceed 

$250,000 per crossing. 

(3) NO STATE OR LOCAL SHARE.—The Secretary shall not require the contribution of a State or local share as a condition of the grant. 


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(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

to the Secretary such sums as may be necessary for each of fiscal years 2008 

through 2011 to carry out this section. Amounts made available under this subsection shall remain available until expended. 

SEC. 616. CLARIFICATIONS REGARDING STATE LAW CAUSES OF ACTION. 

Section 20106 of title 49, United States Code, is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Laws, regulations’’; and 

(2) by inserting at the end the following new subsection: 

‘‘(b) CLARIFICATIONS REGARDING STATE LAW CAUSES OF ACTION.—

‘‘(1) IN GENERAL.—Nothing in this section shall be construed to preempt an 

action under State law seeking damages for personal injury, death, or property 

damage alleging that a party has violated the Federal standard of care established by a regulation or order issued by the Secretary of Transportation (with 

respect to railroad safety matters), or the Secretary of Homeland Security (with 

respect to the railroad security matters) covering the subject matter as provided 

in subsection (a) of this section. This includes actions under State law for a party’s violation of or failure to adequately comply with its own plan, rule, or 

standard that it created pursuant to a regulation or order issued by either of 

the Secretaries or for a party’s failure to adequately comply with a law, regulation, or order issued by either of the Secretaries. Actions under State law for 

a violation of a State law, regulation, or order that is not inconsistent with subsection (a)(2) are also not preempted. 

‘‘(2) RETROACTIVITY.—This subsection shall apply to all pending State law 

causes of action arising from events or activities occurring on or after January 

18, 2002.’’. 

TITLE VII—RAIL PASSENGER DISASTER 

FAMILY ASSISTANCE 

SEC. 701. SHORT TITLE. 

This title may be cited as the ‘‘Rail Passenger Disaster Family Assistance Act of 

2007’’. 

SEC. 702. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. 

(a) IN GENERAL.—Subchapter III of chapter 11 of title 49, United States Code, is 

amended by adding at the end the following: 

‘‘§ 1139. Assistance to families of passengers involved in rail passenger accidents 

‘‘(a) IN GENERAL.—As soon as practicable after being notified of a rail passenger 

accident within the United States involving a rail passenger carrier and resulting 

in a major loss of life, the Chairman of the National Transportation Safety Board 

shall—

‘‘(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and the families; and 

‘‘(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary 

responsibility for coordinating the emotional care and support of the families of 

passengers involved in the accident. 

‘‘(b) RESPONSIBILITIES OF THE BOARD.—The Board shall have primary Federal responsibility for—

‘‘(1) facilitating the recovery and identification of fatally injured passengers 

involved in an accident described in subsection (a); and 

‘‘(2) communicating with the families of passengers involved in the accident 

as to the roles of—

‘‘(A) the organization designated for an accident under subsection (a)(2); 

‘‘(B) Government agencies; and 

‘‘(C) the rail passenger carrier involved, 

with respect to the accident and the post-accident activities. 

‘‘(c) RESPONSIBILITIES OF DESIGNATED ORGANIZATION.—The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to the families of passengers involved in the accident: 


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‘‘(1) To provide mental health and counseling services, in coordination with 

the disaster response team of the rail passenger carrier involved. ‘‘(2) To take such actions as may be necessary to provide an environment in 

which the families may grieve in private. ‘‘(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact 

all affected families periodically thereafter until such time as the organization, 

in consultation with the director of family support services designated for the 

accident under subsection (a)(1), determines that further assistance is no longer 

needed. ‘‘(4) To arrange a suitable memorial service, in consultation with the families. ‘‘(d) PASSENGER LISTS.— ‘‘(1) REQUESTS FOR PASSENGER LISTS.— ‘‘(A) REQUESTS BY DIRECTOR OF FAMILY SUPPORT SERVICES.—It shall be 

the responsibility of the director of family support services designated for 

an accident under subsection (a)(1) to request, as soon as practicable, from 

the rail passenger carrier involved in the accident a list, which is based on 

the best available information at the time of the request, of the names of 

the passengers that were aboard the rail passenger carrier’s train involved 

in the accident. A rail passenger carrier shall use reasonable efforts, with 

respect to its unreserved trains, and passengers not holding reservations on 

its other trains, to ascertain the names of passengers aboard a train involved in an accident. 

‘‘(B) REQUESTS BY DESIGNATED ORGANIZATION.—The organization designated for an accident under subsection (a)(2) may request from the rail 

passenger carrier involved in the accident a list described in subparagraph 

(A). 

‘‘(2) USE OF INFORMATION.—The director of family support services and the organization may not release to any person information on a list obtained under 

paragraph (1) but may provide information on the list about a passenger to the 

family of the passenger to the extent that the director of family support services 

or the organization considers appropriate. 

‘‘(e) CONTINUING RESPONSIBILITIES OF THE BOARD.—In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident—

‘‘(1) are briefed, prior to any public briefing, about the accident and any other 

findings from the investigation; and 

‘‘(2) are individually informed of and allowed to attend any public hearings 

and meetings of the Board about the accident. 

‘‘(f) USE OF RAIL PASSENGER CARRIER RESOURCES.—To the extent practicable, the 

organization designated for an accident under subsection (a)(2) shall coordinate its 

activities with the rail passenger carrier involved in the accident to facilitate the 

reasonable use of the resources of the carrier. 

‘‘(g) PROHIBITED ACTIONS.—

‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No person (including a State or political 

subdivision) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an 

organization designated for an accident under subsection (a)(2), to carry out its 

responsibilities under this section or the ability of the families of passengers involved in the accident to have contact with one another. 

‘‘(2) UNSOLICITED COMMUNICATIONS.—No unsolicited communication concerning a potential action for personal injury or wrongful death may be made 

by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation to an individual 

(other than an employee of the rail passenger carrier) injured in the accident, 

or to a relative of an individual involved in the accident, before the 45th day 

following the date of the accident. 

‘‘(3) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH AND COUNSELING

SERVICES.—No State or political subdivision may prevent the employees, agents, 

or volunteers of an organization designated for an accident under subsection 

(a)(2) from providing mental health and counseling services under subsection 

(c)(1) in the 30-day period beginning on the date of the accident. The director 

of family support services designated for the accident under subsection (a)(1) 

may extend such period for not to exceed an additional 30 days if the director 

determines that the extension is necessary to meet the needs of the families and 

if State and local authorities are notified of the determination. 

‘‘(h) DEFINITIONS.—In this section, the following definitions apply: 

‘‘(1) RAIL PASSENGER ACCIDENT.—The term ‘rail passenger accident’ means 

any rail passenger disaster occurring in the provision of—


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‘‘(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or ‘‘(B) interstate or intrastate high-speed rail (as such term is defined in 

section 26105) transportation, 

regardless of its cause or suspected cause. ‘‘(2) RAIL PASSENGER CARRIER.—The term ‘rail passenger carrier’ means a rail 

carrier providing— ‘‘(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or ‘‘(B) interstate or intrastate high-speed rail (as such term is defined in 

section 26105) transportation, 

except that such term shall not include a tourist, historic, scenic, or excursion 

rail carrier. 

‘‘(3) PASSENGER.—The term ‘passenger’ includes—

‘‘(A) an employee of a rail passenger carrier aboard a train; 

‘‘(B) any other person aboard the train without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for 

the rail transportation; and 

‘‘(C) any other person injured or killed in the accident. 

‘‘(i) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section may be 

construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident. 

‘‘(j) RELINQUISHMENT OF INVESTIGATIVE PRIORITY.—

‘‘(1) GENERAL RULE.—This section (other than subsection (g)) shall not apply 

to a railroad accident if the Board has relinquished investigative priority under 

section 1131(a)(2)(B) and the Federal agency to which the Board relinquished 

investigative priority is willing and able to provide assistance to the victims and 

families of the passengers involved in the accident. 

‘‘(2) BOARD ASSISTANCE.—If this section does not apply to a railroad accident 

because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to 

which the Board has relinquished investigative priority in assisting families 

with respect to the accident.’’. 

(b) CONFORMING AMENDMENT.—The table of sections for such chapter is amended 

by inserting after the item relating to section 1138 the following: 

‘‘1139. Assistance to families of passengers involved in rail passenger accidents.’’. 

SEC. 703. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS. 

(a) IN GENERAL.—Part C of subtitle V of title 49, United States Code, is amended 

by adding at the end the following new chapter: 

‘‘CHAPTER 251—FAMILY ASSISTANCE 

‘‘Sec. 

‘‘25101. Plans to address needs of families of passengers involved in rail passenger accidents. 

‘‘§ 25101. Plans to address needs of families of passengers involved in rail 

passenger accidents 

‘‘(a) SUBMISSION OF PLANS.—Not later than 6 months after the date of the enactment of this section, each rail passenger carrier shall submit to the Secretary of 

Transportation and the Chairman of the National Transportation Safety Board a 

plan for addressing the needs of the families of passengers involved in any rail passenger accident involving a train of the rail passenger carrier and resulting in a 

major loss of life. 

‘‘(b) CONTENTS OF PLANS.—A plan to be submitted by a rail passenger carrier 

under subsection (a) shall include, at a minimum, the following: 

‘‘(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families of the passengers. 

‘‘(2) A process for notifying the families of the passengers, before providing 

any public notice of the names of the passengers, either by utilizing the services 

of the organization designated for the accident under section 1139(a)(2) of this 

title or the services of other suitably trained individuals. 

‘‘(3) An assurance that the notice described in paragraph (2) will be provided 

to the family of a passenger as soon as the rail passenger carrier has verified 

that the passenger was aboard the train (whether or not the names of all of 

the passengers have been verified) and, to the extent practicable, in person. 

‘‘(4) An assurance that the rail passenger carrier will provide to the director 

of family support services designated for the accident under section 1139(a)(1) 


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of this title, and to the organization designated for the accident under section 

1139(a)(2) of this title, immediately upon request, a list (which is based on the 

best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and 

will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other 

trains, for the rail passenger carrier to use reasonable efforts to ascertain the 

names of passengers aboard a train involved in an accident. ‘‘(5) An assurance that the family of each passenger will be consulted about 

the disposition of all remains and personal effects of the passenger within the 

control of the rail passenger carrier. 

‘‘(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the rail passenger carrier (regardless 

of its condition) will be returned to the family unless the possession is needed 

for the accident investigation or any criminal investigation. 

‘‘(7) An assurance that any unclaimed possession of a passenger within the 

control of the rail passenger carrier will be retained by the rail passenger carrier for at least 18 months. 

‘‘(8) An assurance that the family of each passenger or other person killed in 

the accident will be consulted about construction by the rail passenger carrier 

of any monument to the passengers, including any inscription on the monument. 

‘‘(9) An assurance that the treatment of the families of nonrevenue passengers 

will be the same as the treatment of the families of revenue passengers. 

‘‘(10) An assurance that the rail passenger carrier will work with any organization designated under section 1139(a)(2) of this title on an ongoing basis to 

ensure that families of passengers receive an appropriate level of services and 

assistance following each accident. 

‘‘(11) An assurance that the rail passenger carrier will provide reasonable 

compensation to any organization designated under section 1139(a)(2) of this 

title for services provided by the organization. 

‘‘(12) An assurance that the rail passenger carrier will assist the family of a 

passenger in traveling to the location of the accident and provide for the physical care of the family while the family is staying at such location. 

‘‘(13) An assurance that the rail passenger carrier will commit sufficient resources to carry out the plan. 

‘‘(14) An assurance that the rail passenger carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors 

and family members following an accident. 

‘‘(15) An assurance that, upon request of the family of a passenger, the rail 

passenger carrier will inform the family of whether the passenger’s name appeared on any preliminary passenger manifest for the train involved in the accident. 

‘‘(c) LIMITATION ON LIABILITY.—A rail passenger carrier shall not be liable for 

damages in any action brought in a Federal or State court arising out of the performance of the rail passenger carrier in preparing or providing a passenger list, 

or in providing information concerning a train reservation, pursuant to a plan submitted by the rail passenger carrier under subsection (b), unless such liability was 

caused by conduct of the rail passenger carrier which was grossly negligent or which 

constituted intentional misconduct. 

‘‘(d) DEFINITIONS.—In this section—

‘‘(1) the terms ‘rail passenger accident’ and ‘rail passenger carrier’ have the 

meanings such terms have in section 1139 of this title; and 

‘‘(2) the term ‘passenger’ means a person aboard a rail passenger carrier’s 

train that is involved in a rail passenger accident. 

‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section may be 

construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.’’. 

(b) CONFORMING AMENDMENT.—The table of chapters for subtitle V of title 49, 

United States Code, is amended by adding after the item relating to chapter 249 

the following new item: 

‘‘251. FAMILY ASSISTANCE .............................................................................................................................. 25101’’. 

SEC. 704. ESTABLISHMENT OF TASK FORCE. 

(a) ESTABLISHMENT.—The Secretary of Transportation, in cooperation with the 

National Transportation Safety Board, organizations potentially designated under 

section 1139(a)(2) of title 49, United States Code, rail passenger carriers, and families which have been involved in rail accidents, shall establish a task force conVerDate Aug 31 2005 04:25 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00026 Fmt 6659 Sfmt 6621 E:\HR\OC\HR336.XXX HR336

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sisting of representatives of such entities and families, representatives of passenger 

rail carrier employees, and representatives of such other entities as the Secretary 

considers appropriate. 

(b) MODEL PLAN AND RECOMMENDATIONS.—The task force established pursuant to 

subsection (a) shall develop—

(1) a model plan to assist passenger rail carriers in responding to passenger 

rail accidents; 

(2) recommendations on methods to improve the timeliness of the notification 

provided by passenger rail carriers to the families of passengers involved in a 

passenger rail accident; 

(3) recommendations on methods to ensure that the families of passengers involved in a passenger rail accident who are not citizens of the United States 

receive appropriate assistance; and 

(4) recommendations on methods to ensure that emergency services personnel 

have as immediate and accurate a count of the number of passengers onboard 

the train as possible. 

(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, 

the Secretary shall transmit to Congress a report containing the model plan and 

recommendations developed by the task force under subsection (b). 

PURPOSE OF THE LEGISLATION

H.R. 2095 reauthorizes the Federal Railroad Administration and 

establishes safety measures to prevent railroad fatalities, injuries, 

and hazardous materials releases. 

BACKGROUND AND NEED FOR LEGISLATION

The Subcommittee on Railroads, Pipelines, and Hazardous Materials has jurisdiction over rail safety and programs administered by 

the Federal Railroad Administration (‘‘FRA’’). The FRA is one of 10 

modal agencies within the U.S. Department of Transportation 

(‘‘DOT’’). It was created in 1966 by the Department of Transportation Act, when all safety responsibilities of the Interstate Commerce Commission were transferred to the DOT. 

The FRA’s safety responsibilities were further enhanced by the 

Federal Railroad Safety Act of 1970, the Federal Railroad Safety 

Authorization Act of 1973, the Federal Railroad Safety and Hazardous Materials Transportation Amendments of 1974, the Federal 

Railroad Safety Authorization Act of 1976, the Federal Railroad 

Safety Amendments Act of 1978, the Federal Railroad Safety Authorization Act of 1980, the Railroad Safety and Service Improvement Act of 1982, the Rail Safety Improvement Act of 1988, the 

Railroad Safety Enforcement and Review Act of 1991, and the Federal Railroad Safety Authorization Act of 1994. 

One of the main responsibilities of the FRA is to promulgate and 

enforce rail safety regulations. It also conducts research and development in support of improved rail safety. In addition, the FRA has 

a number of responsibilities relating to rail security, including assessing civil and criminal penalties for actions that impair or impede the operation of railroad equipment. 

The FRA has the authority to issue regulations and orders pertaining to rail safety and security and to issue civil and criminal 

penalties to enforce those regulations and orders. Under current 

law, all laws, regulations, and orders related to rail safety and security must be nationally uniform to the extent practicable. A State 

may adopt or continue in force a law, regulation, or order related 

to rail safety or security until the Secretary of Transportation or 

the Secretary of Homeland Security prescribes a regulation or 

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ment. A State may adopt or continue in force an additional or more 

stringent law, regulation, or order only in instances where the law, 

regulation, or order is necessary to eliminate or reduce an essentially local safety or security hazard; is not incompatible with a 

law, regulation, or order of the United States Government; and 

does not unreasonably burden interstate commerce. 

The preemption standard has been a concern among some states 

and localities that have tried to adopt regulations requiring trains 

to operate at slower speeds and railroads to re-route hazardous materials around heavily populated areas. (The routing of trains is 

subject to the jurisdiction of the Surface Transportation Board.) 

The preemption standard has also been an issue for rail accident 

victims who are seeking relief for injuries or damages from the railroads in court. A number of recent Federal court decisions surprisingly reached the conclusion that the standard does not just preempt state or local regulations that conflict with Federal regulations, but also preempts state tort liability law, thereby preventing 

the injured parties from bringing a state suit against the carrier. 

See Lundeen v. Canadian Pacific Railway. Co., llF.3dll (No. 

05–1918, 8th Cir., May 16, 2006); Mehl v. Canadian Pacific Railway. Ltd., (No. 4–02–cv–009, D.N.D. March 6, 2006). Congress disagreed with the Federal court decisions related to the Minot, North 

Dakota accident and adopted a provision to clarify the intent and 

interpretations of the existing preemption statute in Public Law 

110–259, the ‘‘Implementing Recommendations of the 9/11 Commission Act of 2007’’, which the President signed into law on August 

3, 2007. 

P.L. 110–259 clarifies that section 20106 of title 49, United 

States Code, does not preempt State law causes of action where a 

party has failed to comply with the Federal standard of care established by a regulation or order issued by the Secretary of Transportation or the Secretary of Homeland Security, its own plan or 

standard that it created pursuant to a regulation or order issued 

by either of the Secretaries, or a State law, regulation, or order 

that is not incompatible with section 20106(a)(2). P.L. 110–259 also 

clarifies that section 20106 applies to all pending State law causes 

of action arising from activities or events occurring on or after January 18, 2002, the date of the Minot, North Dakota derailment. 

The FRA relies on 421 Federal safety inspectors and 160 state 

safety inspectors to monitor the railroads’ compliance with federally mandated safety standards. The Federal inspectors work in 

eight regional offices and are divided into five safety disciplines—

Track and Structures, Signal and Train Control, Motive Power and 

Equipment, Operating Practices, Hazardous Materials, and Drug 

and Alcohol. They also promote numerous initiatives under the 

Highway-Rail Grade Crossing and Trespasser Prevention Programs. 

Central to the success of the Federal rail safety program is the 

ability to understand the nature of rail-related accidents and to 

analyze trends in railroad safety. To do this, the FRA relies heavily 

on information that is reported by the railroads following accidents 

and incidents. Railroad accident reports attribute more than 90 

percent of grade crossing collisions to motorists. According to the 

DOT Inspector General (‘‘Inspector General’’), the FRA does not 

routinely review locomotive event recorder data, police reports, and 


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other sources of information to determine the causes of the collisions or the need for further investigation. 

The Inspector General also found that the FRA investigated few 

accidents and recommended few findings of critical safety defects 

identified through inspections. The FRA investigates two-tenths of 

one percent of all accidents and incidents involving railroads. With 

regard to findings of violations, from 2002 through 2004, FRA inspectors identified 7,490 critical safety defects out of 69,405 total 

safety defects related to automated grade crossing warning signals. 

Yet, FRA recommended only 347 critical defects, or about five percent, for findings of violations that carry a fine. According to the 

Inspector General, the FRA’s policy of inspectors using their discretion in deciding whether to recommend a violation has resulted in 

the small number of critical defects recommended for violations. 

Furthermore, after violations are determined, Federal law allows 

the FRA to negotiate-down the amount of civil penalties proposed, 

resulting in the collection of lower penalties, despite the many critical safety defects found. 

Over the past 30 years, the number of train accidents has been 

reduced significantly. Since 1978, there has been a 71 percent decline in train accidents. Total rail-related fatalities declined 46 percent and total employee cases (fatal and nonfatal) have dropped 91 

percent. According to the Bureau of Labor Statistics, the rail industry is currently rated safer than trucking, construction, and aviation. 

However, in recent years, the total number of train accidents has 

increased significantly. Since the FRA was last reauthorized in 

1994, the total number of train accidents, including collisions and 

derailments, increased from 2,504 in 1994 to 3,325 in 2005. In 

2006, the number of train accidents decreased to 2,835. Although 

train accidents declined in 2006, it is unclear if this one-year 

progress will be sustained. 

In addition, serious accidents continue to occur. On January 6, 

2005, Norfolk Southern train 192 traveling through Graniteville, 

South Carolina, encountered an improperly lined switch that diverted the train from the main line on to an industry track, where 

it struck an unoccupied, parked train (P22). The collision derailed 

both locomotives and 16 of the 42 freight cars of train 192, as well 

as the locomotive and one of the two cars of train P22. Among the 

derailed cars from train 192 were three tank cars containing chlorine, one of which was breached, releasing chlorine gas. The train 

engineer and eight other people died as a result of chlorine gas inhalation. About 554 people complaining of respiratory difficulties 

were taken to local hospitals. Of these people, 75 were admitted for 

treatment. Because of the chlorine release, about 5,400 people 

within a one-mile radius of the derailment site were evacuated for 

several days. Total damages exceeded $6.9 million. 

On June 28, 2004, a westbound Union Pacific (‘‘UP’’) train traveling on the same main line track as an eastbound BNSF train 

near Macdona, Texas, struck the midpoint of the 123-car BNSF 

train as it was leaving the main line to enter a parallel siding. The 

collision derailed four locomotive units and the first 19 cars of the 

UP train as well as 17 cars of the BNSF train. As a result of the 

derailment, the sixteenth car of the UP train, a pressure tank car 

loaded with liquefied chlorine, ruptured. Chlorine escaping from 


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the punctured car immediately vaporized into a cloud of chlorine 

gas that engulfed the accident area to a radius of 700 feet. Three 

people died, including the conductor of the UP train and two local 

residents, as a result of chlorine gas inhalation. The UP engineer, 

23 civilians, and six emergency responders were treated for respiratory distress and other injuries. 

On January 18, 2002, a Canadian Pacific freight train derailed 

31 of its 112 cars about one-half mile west of the city limits of 

Minot, North Dakota. Five tank cars carrying anhydrous ammonia, 

a liquefied compressed gas, catastrophically ruptured, and a vapor 

plume covered the derailment site and surrounding area. One resident was fatally injured, 11 people sustained serious injuries, and 

322 people, including the two train crewmembers, sustained minor 

injuries. Damages exceeded $2 million, and more than $8 million 

has been spent for environmental remediation. 

HUMAN FACTORS AND FATIGUE

Human factors are responsible for nearly 40 percent of all train 

accidents, and the FRA reports that fatigue plays a role in approximately one of four accidents caused by human factors. The National Transportation Safety Board’s (‘‘NTSB’’) in-depth investigations of accidents have also demonstrated that fatigue is a major 

factor in transportation accidents. According to the NTSB, ‘‘the current railroad hours-of-service laws permit, and many railroad carriers require, the most burdensome fatigue-inducing work schedule 

of any federally-regulated transportation mode in this country.’’ A commercial airline pilot (part 121) can work up to 100 hours 

per month; a commercial airline pilot (part 135) can work up to 120 

hours per month; shipboard personnel (ocean going) can work up 

to 360 hours per month; and a truck driver can be on-duty up to 

350 hours per month. Meanwhile, train crews can operate a train 

up to 432 hours per month. That equates to more than 14 hours 

a day for each of those 30 days. 

On numerous occasions, the NTSB has recommended that the 

FRA establish within two years scientifically based hours-of-service 

regulations that set limits on hours-of-service, provide predictable 

work and rest schedules, and consider circadian rhythms and 

human sleep and rest requirements. However, the FRA is the only 

modal administration within DOT that has hours-of-service standards mandated by statute and, therefore, may not be adjusted or 

modified by administrative procedures. 

The Hours of Service Act was first enacted in 1907; it was last 

substantially amended in 1969. Since that time, a number of serious train accidents have occurred as a result of operator fatigue. 

One of the issues of concern relating to fatigue is ‘‘limbo time’’. 

Limbo time is a term used to describe the period of time when a 

train operating crew’s hours-of-service has expired, but the crew 

has not yet arrived at their point of final release, which is the offduty location or terminal point where the crew can go home or obtain food and lodging at an away-from-home terminal. Limbo time 

also accrues for train operating crews whose trains are stopped on 

a line of track, frequently due to the expiration of their 12-hour onduty time limit, before they reach their destination terminal (point 

of final release). Limbo time accrues from the time the train is 

stopped until the crew arrives at the final release point, and inVerDate Aug 31 2005 06:19 Sep 20, 2007 Jkt 059006 PO 00000 Frm 00030 Fmt 6659 Sfmt 6602 E:\HR\OC\HR336.XXX HR336

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cludes time spent in transportation to their final release point, as 

well as time spent waiting for transportation to pick them up from 

their train. 

During limbo-time, crew members are required to stay awake, 

alert, and able to respond to any situation and follow the railroad’s 

operating rules. Although current law does not classify limbo time 

as either on-duty or off-duty time, any required minimum rest period does not begin until the limbo time period ends. Limbo time 

can and has kept railroad operating crews effectively on-duty for 

significantly more than the 12-hour on-duty time limit. For instance, in the 2004 Macdona, Texas train accident, the UP engineer 

worked for 22 hours (12 hours on-duty and 10 hours of limbo time). 

As a result of that accident, the NTSB concluded, ‘‘[t]he minimum rest periods prescribed by Federal regulations do not take 

into account either rotating work schedules or the accumulated 

hours spent working and in limbo time, both of which can affect 

the ability of an employee to obtain full rest and recuperation between job assignments.’’ The NTSB recommended that the FRA require railroads to use scientifically based principles when assigning 

work schedules for train crew members, which consider factors that 

impact sleep needs, to reduce the effects of fatigue and establish requirements that limit train crewmember limbo time to address fatigue. 

The NTSB also stated that it ‘‘remains concerned about the safety of railroad operations where backup systems are not available 

to intervene when, as in this accident, a train crew operates a train 

improperly or fails to comply with wayside signals. NTSB accident 

investigations over the past three decades have shown that the 

most effective way to prevent train-to-train collisions is through the 

use of a positive train control (‘‘PTC’’) system that will automatically assume some control of a train when the train crew does not 

comply with signal indications.’’

Over the years, the NTSB has issued a series of recommendations on PTC. In fact, PTC has remained on the Board’s Most 

Wanted Transportation Safety Improvements list since 1990. The 

NTSB concluded that the Macdona, Texas, accident is ‘‘another in 

a long series of railroad accidents that could have been prevented 

had there been a PTC system in place at the accident location.’’

TRACK-RELATED ACCIDENTS

In 2006, defective track was the leading cause of all train accidents. Prior to 2006, it was either the leading or second leading 

cause of all train accidents. A series of recent high-profile accidents 

have called into question the adequacy of track safety regulations, 

the railroads’ track inspection and maintenance programs, and the 

FRA’s oversight of those programs. 

On March 12, 2007, a CSX train derailed in Oneida, New York. 

The cause was defective track. It was one of a series of accidents 

in Upstate New York, and the FRA launched a rail inspection 

project to check 1,300 miles of CSX track across New York State 

for flaws that might lead to a train derailment. On April 18, 2007, 

the FRA announced that it had found 78 track defects and one serious violation during the audit. The FRA’s ongoing review of rail 

safety in New York has now been expanded to other railroads. 


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On April 3, 2005, a westbound Amtrak train derailed on BNSF’s 

tracks in Home Valley, Washington. Thirty passengers sustained 

minor injuries; 14 of those people were taken to local hospitals. 

Track and equipment damages, in addition to clearing costs associated with the accident, totaled about $854,000. The NTSB determined that the cause of the accident was BNSF’s inadequate response to multiple reports of rough track conditions that were subsequently attributed to excessive concrete crosstie abrasion, which 

allowed the outer rail to rotate outward and create a wide-gage 

track condition. Contributing to the accident was the FRA’s failure 

to provide adequate track safety standards for concrete crossties. 

On April 6, 2004, an Amtrak train derailed on Canadian National-owned and maintained track near Flora, Mississippi. The entire train derailed, including one locomotive, one baggage car, and 

eight passenger cars. The derailment resulted in one fatality, three 

serious injuries, and 43 minor injuries. The equipment costs associated with the accident totaled about $7 million. In its Railroad Accident Report, the NTSB determined that the probable cause of the 

accident was ‘‘the failure of the Canadian National Railway Company to properly maintain and inspect its track, resulting in rail 

shift and the subsequent derailment of the train, and the Federal 

Railroad Administration’s ineffective oversight to ensure proper 

maintenance of the track by the railroad.’’

On October 16, 2004, a UP freight train derailed three locomotives and 11 cars near Pico Rivera, California. Small amounts 

of hazardous materials were released from the transported cargo. 

There were no injuries to area residents, the train crew, or the 

emergency response personnel. UP estimated the monetary damage 

at $2.7 million. In its Railroad Accident Report, the NTSB determined ‘‘that the probable cause of the derailment was the failure 

of a pair of insulated joint bars due to fatigue cracking. Contributing to the accident was the lack of an adequate on-the-ground inspection program for identifying cracks in rail joint bars before 

they grow to critical size.’’

On January 18, 2002, a Canadian Pacific freight train derailed 

31 of its 112 cars near Minot, North Dakota. Five tank cars carrying anhydrous ammonia, a liquefied compressed gas, catastrophically ruptured, and a vapor plume covered the derailment site and 

surrounding area. About 11,600 people that occupied the area were 

affected by the vapor plume. One resident was fatally injured, and 

60 to 65 residents of the neighborhood nearest the derailment site 

were rescued. As a result of the accident, 11 people sustained serious injuries, and 322 people, including the two train crew members, sustained major injuries. Damages exceeded $2 million, and 

more than $8 million has been spent in environmental remediation. 

In its Railroad Accident Report, the NTSB determined that the 

probable cause of the derailment was ‘‘an ineffective Canadian Pacific Railway inspection and maintenance program that did not 

identify and replace cracked joint bars before they completely fractured and led to the breaking of the rail at the joint.’’ The NTSB 

also found that the FRA’s requirements regarding rail joint bars in 

continuous welded rail (‘‘CWR’’) were ineffective and that the FRA’s 

oversight of Canadian Pacific’s CWR program was ineffective, because the FRA neither reviewed the CWR program nor ensured 


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that its track inspectors had copies of the CWR programs to determine if the railroad was in compliance with it. 

On March 17, 2001, a westbound Amtrak train traveling on 

BNSF tracks derailed near Nodaway, Iowa. As a result of the derailment, one person died and 77 people were injured. The NTSB 

determined that the probable cause of the derailment of the Amtrak train was the failure of the rail beneath the train, due to undetected internal defects. BNSF had failed to inspect the rail that 

it used to replace a defective rail. The replacement rail was also 

defective. According to the NTSB, contributing to the accident was 

the BNSF’s lack of a comprehensive method for ensuring that replacement rail is free from internal defects. 

GRADE-CROSSING ACCIDENTS

There are 243,016 grade crossings in the United States, of which 

149,628 (62 percent) are public crossings. Of these public crossings, 

63,387 (42 percent) have automatic warning devices. 

Since the FRA was reauthorized in 1994, significant progress has 

been made in reducing collisions and fatalities at grade crossings. 

From 1994 to 2006, total train miles traveled in the United States 

increased from 655 million miles to 810 million miles, and the total 

miles traveled by motor vehicle increased from 2.3 trillion miles to 

2.9 trillion miles. During the same period, collisions at the nation’s 

grade crossings have decreased from 4,979 in 1994 to 2,908 in 

2006. Fatalities have also decreased from 615 in 1994 to 366 in 

2006, and injuries have decreased from 1,961 to 1,006 during the 

same period. 

The Inspector General reports that this significant decrease was 

attributable to DOT addressing much of the ‘‘low-hanging fruit’’; 

that is, working with the States and railroads to close grade crossings, install automatic gates and flashing lights at public crossings 

with a high probability for collisions, and educate the public about 

crossing safety. DOT also made progress in implementing safety 

initiatives included in its 1994 Grade Crossing Safety Action Plan. 

Recent audit reports of the Inspector General, however, show 

that DOT can do more to improve grade crossing safety. The audits 

were requested by Chairman Oberstar, Subcommittee on Railroads, 

Pipelines, and Hazardous Materials Chairwoman Brown, and 

former Senator Hollings in response to a series of New York Times 

articles that alleged problems with railroad accident reporting, investigations at grade crossings, and several other safety issues. 

The Inspector General found that railroads failed to report 21 

percent of reportable grade-crossing collisions to the National Response Center (‘‘NRC’’). Railroads are required to report gradecrossing collisions involving fatalities and/or multiple injuries to 

passengers or train crew members, and fatalities to motorists or 

pedestrians involved in grade-crossing collisions to the NRC. Pursuant to FRA regulations, railroads are required to report accidents 

within two hours. Immediate reporting allows the Federal Government to decide whether or not to conduct an investigation shortly 

after a grade-crossing collision has occurred. The Inspector General’s analysis showed that 115 of 543 (21 percent) reportable 

grade-crossing collisions that occurred between May 1, 2003, and 

December 31, 2004, were not reported to the NRC as required by 

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sions, which resulted in 116 fatalities, were reported to the FRA 

within 30 to 60 days after the collision, the delayed reporting did 

not allow Federal authorities to promptly decide whether or not to 

conduct an investigation immediately after an accident. In July 

2004, the FRA began reconciling its database with the NRC to 

identify unreported accidents. In March 2005, it began issuing findings of violations to railroads failing to follow reporting requirements. 

The Inspector General also found that the Federal Government 

investigated only a small number of grade-crossing collisions and 

needs to collect and analyze independent information on all gradecrossing collisions. From 2000 through 2004, the FRA investigated 

47 of 376 (13 percent) of the most serious grade-crossing collisions 

that occurred—those collisions resulting in three or more fatalities 

and/or severe injuries. No Federal investigations were conducted 

for the remaining 329 grade-crossing collisions. Those collisions resulted in 159 fatalities and 1,024 injuries. FRA officials stated that 

the NTSB is the lead Federal agency responsible for investigating 

railroad accidents, not the FRA. However, the NTSB tends to investigate only high-profile, grade-crossing collisions. For example, 

from 2000 though 2004, the NTSB conducted seven grade-crossing 

collision investigations. Consequently, the Federal Government did 

not independently investigate most grade-crossing collisions, but 

rather received information concerning the causes of collisions almost exclusively from the railroads. 

The railroads’ grade-crossing accident reports attributed more 

than 90 percent of the collisions that occurred from 2000 through 

2004 to motorists, but the FRA did not conduct its own investigations to verify the causes. Independently collecting and analyzing 

information about grade-crossing collisions would substantially improve the FRA’s ability to determine the causes of grade-crossing 

collisions and better target collisions that should be investigated 

further. The collection and analysis of this information is especially 

important given the limited resources of the FRA’s inspection staff. 

Nationwide, 55 of 421 FRA inspectors are assigned to inspect the 

63,387 warning signal systems at grade crossings. 

The small number of FRA inspectors, combined with the extensiveness of the U.S. railroad system, limits the FRA’s ability to investigate each accident or incident and inspect each railroad and 

mile of track. In 2004, the Federal Aviation Administration (‘‘FAA’’) 

conducted on-site investigations of 1,392, or 93 percent, of the 1,484 

general aviation accidents that the FAA had responsibility for investigating in 2004. Unlike the FRA, however, the FAA has an Office of Accident Investigations staffed with eight full-time investigators whose mission is to detect unsafe conditions and trends and 

to coordinate the process for corrective actions. In addition, the 

FAA uses personnel from other disciplines to conduct investigations, including 2,989 inspectors from its Office of Aviation Safety. 

The Inspector General also found that the FRA investigated few 

accidents and recommended few findings of violations for critical 

safety defects identified through inspections. According to the Government Accountability Office, the FRA investigates two-tenths of 

one percent of all railroad operations. From 2002 through 2004, for 

example, FRA inspectors identified 7,490 critical safety defects out 

of 69,405 total safety defects related to automated grade crossing 


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warning signals. Yet, FRA recommended only 347 critical defects, 

or about five percent, for findings of violations that carry a fine. According to the Inspector General, the FRA’s policy of inspectors 

using their discretion in deciding whether to recommend a violation 

has resulted in a small number of critical defects recommended for 

violations. Furthermore, after violations are determined, Federal 

law allows the FRA to negotiate-down the amount of civil penalties 

proposed, resulting in the collection of lower penalties, despite the 

many critical safety defects found. According to the Inspector General, on average, the FRA settles fines with the railroad at about 

60 cents on the dollar. 

Finally, the Inspector General found that the FRA needed to do 

more to improve grade-crossing safety by addressing sight obstructions, including overgrown vegetation, permanent and temporary 

structures, and standing railroad equipment, that block highway 

users’ view of approaching trains. Of the 15,416 grade-crossing reports submitted by the railroads from 2001 through 2005, 689 reports documented a sight obstruction. These 689 collisions resulted 

in 87 fatalities and 242 injuries. 

Nationwide, there are nearly 76,000 public grade crossings that 

are not protected with automated warning devices. In coming 

years, many of these crossings will require the installation of warning devices as rail and highway traffic volumes increase. In addition, crossings currently equipped with warning lights may require 

the installation of crossing gates. This need is highlighted by an accident with multiple fatalities which occurred on Easter 2007. 

Three teenage students died when their car was struck by a freight 

train at a railroad crossing in Excelsior Springs, Missouri. The 

crossing was equipped with flashing warning signal lights, but no 

crossing gates. 

Currently, FRA regulations require the railroads to address vegetation growth at these public grade crossings. Some states have 

passed more stringent laws or issued more stringent regulations 

that address vegetation and other sight obstructions at grade crossings, but the FRA has no assurance that overgrown vegetation and 

sight obstructions are addressed in States that lack such laws. 

SUMMARY OF THE LEGISLATION

Section 1. Short title; table of contents 

This section designates the title of the Act as the ‘‘Federal Railroad Safety Improvement Act of 2007’’. 

Section 2. Definitions 

This section states that, for purposes of this Act, the terms ‘‘railroad’’ and ‘‘railroad carrier’’ have the meaning given those terms in 

section 20102 of title 49, United States Code. 

Title I. Federal Railroad Safety Administration 

Section 101. Establishment of Federal Railroad Safety Administration 

This section amends section 103 of title 49, United States Code, 

to reestablish the Federal Railroad Administration as the Federal 

Railroad Safety Administration. 


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This section also directs the Administration to consider the assignment of maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress 

to the furtherance of the highest degree of safety in railroad transportation. In addition, this section directs the Administration to 

have an Associate Administrator for Rail Safety appointed in the 

competitive service by the Secretary. The Associate Administrator 

shall be the Chief Safety Officer of the Administration, and shall 

carry out the duties and powers prescribed by the Administrator. 

Section 102. Railroad safety strategy 

This section requires the Secretary of Transportation to develop 

a long-term strategy for improving rail safety, which must include 

an annual plan and schedules for reducing the number and rates 

of accidents, injuries, and fatalities involving railroads; improving 

the consistency and effectiveness of enforcement and compliance 

programs; identifying and targeting enforcement at, and safety improvements to, high-risk highway-rail grade crossings; and improving research efforts to enhance and promote railroad safety and 

performance. The strategy and annual plans must include estimates of the funds and staff resources needed to accomplish each 

activity, and be submitted to Congress at the same time as the 

President’s budget submission. 

Subsection (d) requires the Secretary and the Administrator of 

the Federal Railroad Safety Administration, no less frequently 

than semiannually, to assess the progress of the Administration toward achieving each of the strategic goals described above. An annual report must be submitted to Congress on the performance of 

the Federal Railroad Safety Administration relative to the goals of 

the railroad safety strategy and annual plans. 

Section 103. Reports 

This section requires the Inspector General of the Department of 

Transportation to submit to the Secretary of Transportation and 

the Administrator of the Federal Railroad Safety Administration, 

within 30 days of the date of enactment, a report containing a list 

of each statutory mandate regarding railroad safety that has not 

been implemented and a list of each open safety recommendation 

made by the National Transportation Safety Board or the Inspector 

General regarding railroad safety. 

Subsection (b)(1) requires the Secretary, not later than 90 days 

after the date of enactment, and every 180 days thereafter until 

each of the mandates has been implemented, to transmit to Congress a report on the specific actions taken to implement such mandates. 

Subsection (b)(2) requires the Secretary, not later than January 

1 of each year, to transmit to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate a report 

containing each open safety recommendation made by the National 

Transportation Safety Board or the Inspector General regarding 

railroad safety, a copy of the Department of Transportation’s response to each of the recommendations, and a progress report on 

implementing such recommendations. 


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Section 104. Rulemaking process 

This section prohibits the Secretary from issuing a rule or order 

that incorporates by reference a code, rule, standard, requirement, 

or practice issued by an association or other entity that is not an 

agency of the Federal Government, unless that reference is to a 

particular code, rule, standard, requirement, or practice adopted 

before the date on which the rule is issued by the Secretary, and 

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

practices was adopted is specifically cited in the rule. 

Section 105. Authorization of appropriations 

This section amends section 20117 of title 49, United States 

Code, to authorize to be appropriated a total of $1.12 billion for fiscal years 2008 through 2011 to the Secretary to carry out his or 

her rail safety responsibilities. With amounts appropriated, the 

Secretary is directed to purchase six Gage Restraint Measurement 

System vehicles and five track geometry vehicles to enable the deployment of one Gage Restraint Measurement System vehicle and 

one track geometry vehicle in each region. In addition, $18 million 

is authorized to be appropriated to the Secretary to design, develop, 

and construct the Facility for Underground Rail Station and Tunnel at the Transportation Technology Center in Pueblo, Colorado. 

The facility shall be used to test and evaluate the vulnerabilities 

of above-ground and underground rail tunnels to prevent accidents 

and incidents in such tunnels, to mitigate and remediate the consequences of any such accidents or incidents, and to provide a realistic training scenario for training emergency responders. Funding 

is also authorized to be appropriated to the Secretary for rail security personnel in regional offices and in Washington, DC. 

Title II. Employee Fatigue 

Section 201. Hours-of-service reform 

The Committee has received testimony on the importance of 

strengthening hours-of-service standards for railroad workers and 

mitigating fatigue. The Committee has also received testimony on 

the importance of eliminating limbo time. 

The NTSB, following a recent investigation of a train accident in 

Macdona, Texas, recommended that the FRA limit train crewmember limbo time to address fatigue. The NTSB investigation 

found that in June 2004, the month of the accident, ‘‘the Union Pacific engineer worked at least part of 22 days and that his time on 

duty ranged from nine hours to more than 18 hours. Eleven of his 

work days were longer than 14 hours, with one day totaling 22 

hours (12 hours on-duty and 10 hours of limbo time).’’

According to the accident report, the NTSB was concerned that, 

‘‘because minimum rest periods prescribed under the hours of service regulations do not take limbo time into account, such time could 

have cumulative detrimental effects on crewmember fatigue.’’

The NTSB concluded that limbo time, which is limited neither by 

Federal regulation nor railroad operating rules, could be a factor in 

crewmember fatigue in that required rest periods do not take into 

account the extended hours of wakefulness before the rest period 

begins. The NTSB stated: ‘‘The combination of erratic work schedVerDate Aug 31 2005 04:25 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\HR336.XXX HR336

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ules and excess limbo time would be expected to have a detrimental impact on crewmember fatigue * * *.’’

This section seeks to strengthen the hours-of-service standards 

for signal and train employees by providing them with at least 10 

consecutive hours of undisturbed rest during a period of 24 hours; 

prohibiting them from working in excess of 12 consecutive hours; 

and requiring railroad carriers and railroad contractors to provide 

such employees with at least one period of at least 24 consecutive 

hours off duty in a period of seven consecutive days. The Secretary 

is authorized to waive this last requirement if a collective bargaining agreement provides a different arrangement and such arrangement provides an equivalent level of safety. 

Subsection (a) extends hours-of-service standards to railroad contractors who are engaged in installing, repairing, or maintaining 

signal systems. 

Subsection (b) clarifies that up to one hour of time spent returning from a final trouble call of a period of continuous or broken 

service is time off duty, and limits the number of days a signal employee can exceed the 12-hour limit on hours of service for emergencies to no more than three days during a period of seven consecutive days. This standard is consistent with dispatcher limits. 

The subsection further prohibits signal employees from exceeding 

the 12-hour limit on hours of service to conduct routine repairs, 

routine maintenance, or routine inspection of signal systems. A signal employee is only permitted to exceed the hours-of-service limits 

for no more than four additional hours in a period of 24 consecutive 

hours when a true emergency exists and the work of that employee 

is related to the emergency. The subsection also provides that the 

hours of service, duty hours, and rest periods of signal employees 

shall be governed exclusively by Chapter 201. Signal employees operating motor vehicles shall not be subject to any hours-of-service 

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

authority, including the Federal Motor Carrier Safety Administration, other than the Federal Railroad Safety Administration. 

Subsection (c) eliminates limbo time by providing that all time 

spent in deadhead transportation to a duty assignment, all time 

spent waiting for deadhead transportation, and all time spent in 

deadhead transportation from a duty assignment to a place of final 

release is time on duty, with some exceptions. The subsection allows limbo time in situations involving delays in the operations of 

a railroad carrier, when the delays were caused by a casualty, an 

accident, a track obstruction, an act of God, a weather event causing a delay, a snowstorm, a landslide, a track or bridge washout, 

a derailment, a major equipment failure which prevents a train 

from advancing, or other delay from a cause unknown or unforeseeable to a railroad carrier and its officers and agents in charge of 

the employee when the employee left a designated terminal. In addition to these exceptions, the subsection allows the carriers to use 

up to 40 hours a month in limbo time per employee during the first 

authorization year; 30 hours a month during the second authorization year; and 10 hours a month thereafter. The subsection also requires reporting of railroad use of limbo time which results in total 

work time of more than 12 hours and requires additional rest equal 

to all time in limbo in excess of 12 hours. 


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Section 202. Employee sleeping quarters 

This section amends Section 21106 of title 49, United States 

Code, to prohibit railroad carriers from providing sleeping quarters 

through the use of camp cars, as defined in Appendix C to part 228 

of title 49 of the Code of Federal Regulations, for employees and 

any individuals employed to maintain the right-of-way of a railroad 

carrier. This prohibition is effective 12 months after the date of enactment. 

Section 203. Fatigue management plans 

This section requires all railroads to submit to the Secretary for 

review and approval a fatigue management plan that is designed 

to reduce the fatigue experienced by railroad employees and to reduce the likelihood of accidents and injuries caused by fatigue. 

Section 204. Regulatory authority 

This section authorizes the Secretary of Transportation to issue 

regulations to reduce the maximum hours an employee may be required or allowed to go or remain on duty to a level less than the 

level established under Chapter 201 of title 49, United States Code, 

or to increase the minimum hours an employee may be required or 

allowed to rest to a level greater than the level established under 

that chapter. The regulations must be based on scientific and medical research. 

Section 205. Conforming amendment 

This section amends section 21303 of title 49, United States 

Code, to clarify that a railroad carrier is deemed to know the acts 

of its managers, supervisors, officers, and agents in any proceeding 

dealing with a violation of Chapter 211. 

Title III. Protection of Employees and Witnesses 

Section 301. Employee protections 

This section amends section 20109 of title 49, United States 

Code, to strengthen existing whistleblower protections for railroad 

workers. It replaces the existing process for filing a petition for relief with the National Mediation Board with a process for filing 

such petitions with the Secretary of Labor, which is consistent with 

the whistleblower process for other transportation workers, including aviation personnel and drivers of commercial motor vehicles. 

The section provides that if the Secretary of Labor has not issued 

a final decision within 180 days after the filing of the complaint, 

the employee may bring an original action at law or equity for de 

novo review in the appropriate district court of the United States. 

An employee prevailing in any action under this section shall be 

entitled to all relief necessary to make the covered individual 

whole, which shall include reinstatement with the same seniority 

status that the covered individual would have had, but for the discrimination; the amount of any back pay, with interest; and compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. Relief may also include punitive damages in 

an amount not to exceed ten times the amount of any compensatory damages awarded. 


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Title IV. Grade Crossings 

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

This section amends section 20152 of title 49, United States 

Code, to require the Secretary of Transportation, within 18 months 

of the date of enactment, to require each railroad carrier to establish and maintain a toll-free telephone service for rights-of-way 

over which it dispatches trains for the purpose of receiving calls reporting malfunctions of signals, crossing gates, and other devices 

and disabled vehicles blocking railroad tracks at grade crossings. 

Upon receiving a report, the railroad carrier is required to immediately contact trains operating near the grade crossing to warn the 

crews of the malfunction or disabled vehicle and then contact, as 

necessary, appropriate public safety officials having jurisdiction 

over the grade crossing to provide them with the information necessary for them to direct traffic, assist in the removal of the disabled vehicle, or carry out other activities appropriate to responding to the hazardous circumstance. The toll-free telephone number, 

an explanation of the purpose of the number, and the grade crossing number assigned to the particular crossing must be placed on 

signs at each grade crossing and be visible to the public. 

Section 402. Roadway user sight distance at highway-rail grade 

crossings 

This section adds section 20156 to title 49, United States Code. 

Subsection (a) of section 20156 requires the Secretary to prescribe 

regulations that require each railroad carrier to remove from its 

rights-of-way at all public highway-rail grade crossings, and at all 

private highway-rail grade crossings open to unrestricted public access, grass, brush, shrubbery, trees, and other vegetation which 

may obstruct the view of a pedestrian or a vehicle operator, and 

to maintain its rights-of-way at all such crossings free of such vegetation. 

Subsection (b) of section 20156 allows the Secretary to make allowances for preserving trees and other ornamental or protective 

growth where State or local law or policy would otherwise protect 

the vegetation from removal and where the roadway authority or 

private-crossing holder takes appropriate temporary or permanent 

action to abate the hazard to roadway users. 

Subsection (c) of section 20156 authorizes States to continue in 

force, or enact, a law, regulation, or order requiring the removal of 

obstructive vegetation from a railroad right-of-way for safety reasons that is more stringent than the requirements of the regulations prescribed by the Secretary. 

Subsection (d) of section 20156 requires the Secretary to develop 

and make available to States model legislation that addresses sight 

obstructions at grade crossings that are equipped solely with passive warnings, such as permanent structures, temporary structures, and standing railroad equipment, as recommended by the Inspector General of the Department of Transportation in Report No. 

MH–2007–044. 

Section 403. Grade crossing signal violations 

This section amends section 20151 of title 49, United States 

Code, to require the Secretary to develop and make available to 


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States model legislation providing for civil or criminal penalties, or 

both, for violations of grade crossing signals. 

Section 404. National crossing inventory 

This section adds section 20157 to title 49, United States Code. 

Section 20157 requires railroad carriers and States to provide information to the Secretary about grade crossings, and to update 

that information on a periodic basis beginning not later than three 

years after the date of enactment. The section also authorizes the 

Secretary to impose civil penalties for violations of this section. 

Section 405. Accident and incident reporting 

This section directs the Federal Railroad Safety Administration 

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

years and conduct an audit of each non-Class I railroad at least 

once every five years to ensure that all grade crossing collisions, fatalities, and injuries are reported to the national accident database, 

as recommended by the Department of Transportation’s Inspector 

General. 

Section 406. Authority to buy promotional items to improve railroad 

crossing safety and prevent railroad trespass 

This section amends section 20134(a) of title 49, United States 

Code, to authorize the Secretary to purchase promotional items of 

nominal value and distribute them to the public without charge as 

part of an educational or awareness program to improve the safety 

of grade crossings and to prevent trespass on railroad rights-ofway. The Secretary is directed to prescribe guidelines for the administration of this authority. 

Section 407. Operation Lifesaver 

This section authorizes appropriations to the Federal Railroad 

Safety Administration to make grants to Operation Lifesaver to 

carry out a public information and education program to help prevent railroad incidents, injuries, and fatalities, and to improve 

awareness along railroad rights-of-way and at grade crossings, and 

to implement a pilot program, to be known as the Railroad Safety 

Public Awareness Program, that addresses the need for targeted, 

sustained community outreach on rail and grade crossing safety. 

The section authorizes $1.5 million for each of fiscal years 2008 

through 2011 to carry out this section. 

Section 408. State action plan 

This section requires the Secretary to identify on an annual basis 

the top 10 States that have had the most grade crossing collisions 

over the past year, and to work with each of those States to develop a State Grade Crossing Action Plan that identifies specific solutions for improving safety at crossings. 

Section 409. Fostering introduction of new technology to improve 

safety at highway-rail grade crossings 

The installation of grade-crossing warning signals and crossarms often costs in excess of $100,000 using current technology. 

This section adds section 20165 to title 49, United States Code. 


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Section 20165 encourages the development of new technology that 

can prevent loss of life and injuries at grade crossings. 

Title V. Enforcement 

Section 501. Enforcement 

This section amends section 20112 of title 49, United States 

Code, to clarify that the Attorney General may bring a civil action 

in a district court of the United States to: (1) enjoin a violation of, 

or to enforce, this part or a railroad safety regulation prescribed or 

order issued by the Secretary; (2) collect a civil penalty imposed or 

an amount agreed on in compromise under section 21301 (general 

railroad safety violations), section 21302 (accidents and incident 

violations), or section 21303 (hours-of-service violations) of this 

title; and (3) to enforce a subpoena, request for admissions, request 

for production of documents or other tangible things, or request for 

testimony by deposition. 

Section 502. Civil penalties 

This section amends sections 21301, 21302, and 21303 of title 49, 

United States Code, to increase the maximum civil penalty for a 

general railroad safety violation, accident and incident violation, 

and hours-of-service violation from $10,000 to $25,000. The minimum civil penalty remains $500. However, when a grossly negligent violation or a pattern of repeated violations has caused an 

imminent hazard of death or injury to individuals, or has caused 

death or injury, the maximum civil penalty is increased from 

$20,000 under current law to not more than $100,000. 

Section 503. Criminal penalties 

This section amends section 21311 of title 49, United States 

Code, to increase the maximum penalty for failing to file an accident or incident report on time from $500 to $2,500, and the maximum penalty for each day after the due date from $500 to $2,500. 

Section 504. Expansion of emergency order authority 

This section amends section 20104 of title 49, United States 

Code, to expand the authority of the Secretary to issue emergency 

rules or restrictions to events causing significant harm to the environment. Current law allows the Secretary to issue emergency 

rules or restrictions in the event of death or personal injury. 

Section 505. Enforcement transparency 

This section adds section 20118 to title 49, United States Code, 

to require the Secretary, not later than December 31, 2007, to provide a monthly updated summary to the public of all railroad enforcement actions taken by the Secretary of the Federal Railroad 

Safety Administration, from the time a notice commencing an enforcement action is issued until the enforcement action is final. In 

each summary, the Secretary must identify the railroad carrier or 

person named in the enforcement activity, the type of alleged violation, the penalty or penalties proposed, any changes in case status 

since the previous summary, the final assessment amount of each 

penalty, and the reasons for a reduction in the proposed penalty. 

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rier or person named in an enforcement action may make information, explanations, or documents it believes are responsive to the 

enforcement action available to the public. 

Section 506. Interfering with or hampering safety investigations 

This section adds section 21312 to title 49, United States Code, 

to make it unlawful for any person knowingly to interfere with, obstruct, or hamper an investigation by the Secretary of Transportation under section 20702 or section 20902 of title 49, or a railroad 

investigation by the National Transportation Safety Board. 

Section 507. Railroad radio monitoring authority 

This section allows the Secretary to authorize officers, employees, 

or agents of the Secretary to intercept and record radio communications, with or without the consent of the sender or other receivers 

of the communication, but only where such communication is 

broadcast or transmitted over a radio frequency which is authorized for use by one or more railroad carriers by the Federal Communications Commission and primarily used by such railroad carriers for communications in connection with railroad operations. Information obtained through such monitoring and recording would 

not be admissible into evidence in any administrative or judicial 

proceeding, with two exceptions. First, the provision would not bar 

admission into evidence of the intercepted communication in a judicial proceeding for the prosecution of a felony under Federal or 

State law. Second, the provision would not bar admission of the 

intercepted communication for impeachment purposes in seven 

enumerated types of railroad safety proceedings. In addition, information is not subject to publication or disclosure, or search or review in connection therewith, under section 552 of title 5, United 

States Code. 

Section 508. Inspector staffing 

This section requires the Secretary to increase the total number 

of positions for railroad safety inspection and enforcement personnel at the Federal Railroad Safety Administration so that by 

December 31, 2008, the total number of such positions is at least 

500, by December 31, 2009, the total number of such positions is 

at least 600, by December 31, 2010, the total number of such positions is at least 700, and by December 31, 2011, the total number 

of positions is at least 800. There are currently 421 Federal rail 

safety inspectors. 

Title VI. Miscellaneous Provisions 

Section 601. Positive train control systems 

The Committee has received testimony on the importance of implementing positive train control. According to the FRA, 40 percent 

of all train accidents are the result of human factors. According to 

the NTSB, technological solutions, such as positive train control, 

have great potential to reduce the number of serious train accidents by providing safety redundant systems to protect against 

such human performance failures. Positive train control has been 

on the NTSB’s list of most wanted safety improvements for 17 

years. 


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In the past 10 years alone, the NTSB has investigated 52 rail accidents, including four transit accidents, where the installation of 

a positive train control system would likely have prevented the accident. These include five serious accidents in 2005: Graniteville, 

South Carolina; Anding, Mississippi; Shepherd, Texas; Chicago, Illinois; and Texarkana, Arkansas. These figures, however, do not include the numerous accidents that the FRA has investigated, and 

which could have been prevented, if positive train control was implemented. In August 1999, the Railroad Safety Advisory Committee published a report entitled Implementation of Positive Train 

Control Systems. The report states that out of a select group of 

6,400 accidents that occurred from 1998 through 1997, 2,659 of 

those accidents could have been prevented had some form of positive train control been implemented. 

This section requires each Class I railroad, within 12 months of 

the date of enactment, to develop and submit to the Secretary for 

review and approval a plan for implementing a positive train control system by December 31, 2014. Such systems must provide a 

safety redundancy to minimize the risk of accidents by overriding 

human performance failures involving train movements on main 

line tracks. 

Subsection (c) requires the Secretary to require each railroad carrier to include in its plan, at a minimum, measurable goals, including a strategy and timeline for implementation of such systems; a 

prioritization of how the systems will be implemented, with particular emphasis on high-risk corridors such as those that have significant movements of hazardous materials or where commuter and 

intercity passenger railroads operate; identification of detailed 

steps the carriers will take to implement the systems; and any 

other elements the Secretary considers appropriate. 

Subsection (d) requires the Secretary to review and approve the 

plan not later than 90 days after the Secretary receives it. If the 

proposed plan is not approved, the Secretary must notify the affected railroad carrier as to the specific points in which the proposed plan is deficient, and the railroad carrier must correct all deficiencies within 30 days following receipt of the written notice 

from the Secretary. 

Subsection (e) requires the Secretary to submit a report to Congress no later than December 31, 2011, on the progress of the railroads in implementing the systems. 

Subsection (f) authorizes the Secretary to extend the date for implementation for any Class I railroad carrier for a period of not 

more than 24 months if the Secretary determines such an extension is necessary to implement a more effective positive train control system than would be possible by December 31, 2014; to obtain 

interoperability between positive train control systems implemented by railroad carriers; and for the Secretary to determine 

that a positive train control system meets the requirements of this 

section and regulations issued by the Secretary; or to otherwise enhance safety. Not later than 30 days after the Secretary grants an 

extension, the Secretary shall publish a notice in the Federal Register that identifies the Class I railroad carrier that is being granted the extension, the reasons for granting the extension, and the 

length of the extension. 


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Subsection (g) prohibits the Secretary from permitting the installation of any positive train control system or component unless the 

Secretary has first certified that such system or component has not 

experienced a safety-critical failure during prior testing and evaluation. If such a failure has occurred, the system or component 

may be repaired and evaluated in accordance with part 236 of title 

49 of the Code of Federal Regulations and may be installed when 

the Secretary certifies that the factors causing the failure have 

been corrected and approves the system for installation in accordance with part 236. 

Section 602. Warning in nonsignaled territory 

The Committee has received testimony on the importance of preventing accidents due to misaligned switches. According to the 

FRA, misaligned switches are consistently either the leading or second leading cause of all human factor accidents. The NTSB has investigated several accidents which resulted from misaligned 

switches dating back to their investigation of an accident in Cotula, 

Texas, in 1974. More recently, the NTSB investigated the 2005 accidents in Graniteville, South Carolina, and Shepherd, Texas, 

which were also caused by misaligned switches. 

With respect to the Graniteville accident, a Norfolk Southern 

train, while traveling 47 mph, encountered an improperly positioned switch that diverted the train from the main line onto an 

industry track, where it struck an unoccupied parked train. The 

track through Graniteville was nonsignaled (‘‘dark’’) territory. Nine 

people died as a result of chlorine gas inhalation after a tank car 

was punctured during the accident. The NTSB investigation found 

that the improperly lined switch had most recently been used by 

the crew of a local train about eight hours before the accident. The 

crew had lined the switch for an industry track in order to place 

two cars at a local plant and then park their train. No crewmember 

remembered relining the switch for the main line before they 

boarded a taxi and returned to the terminal. The NTSB concluded, 

among other things, that the switch was not visible to the crew as 

they worked, leaving them without a visual reminder to reline the 

switch. Further, the crew of the oncoming train could not see that 

the switch was misaligned in time to stop the train. 

With respect to the Shepherd accident, a Union Pacific train entered a siding in Shepherd, Texas, at approximately 37 mph and 

struck a parked train, killing one crewmember. There were no wayside signals to govern the train movements or protect the train 

from an interruption in the continuity of the track, such as an open 

switch. Consequently, strict compliance with the operating rules 

was necessary to protect one train from another. The probable 

cause of this accident was the failure of a previous crew to return 

a main track switch to the normal position after they had secured 

the train on the siding and departed the area. 

In response to these accidents and similar accidents dating back 

to 1974, the NTSB has repeatedly issued recommendations to the 

FRA to require installation of technologies that will capture the attention of train crews and prevent misaligned switches. The Committee is aware that there are various forms of such technologies. 

This section adds section 20158 to title 49, United States Code. 

Section 20158 requires the Secretary of Transportation, within 12 


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months of the date of enactment, to prescribe regulations that require railroads, with respect to main lines in nonsignaled territory, 

to either install an automatically activated device, in addition to 

the switch banner, that will, visually or electronically, compellingly 

capture the attention of the employees involved with switch operations and clearly convey the status of the switch both in daylight 

and darkness or operate trains at speeds that will allow them to 

be safely stopped in advance of misaligned switches. 

The Committee intends that a railroad carrier would not have to 

install such automatically activated devices along main lines in 

nonsignaled territory if the railroad carrier has installed a train 

speed enforcement system that would stop a train in advance of a 

misaligned switch in such areas or the railroad carrier operators 

trains at speeds that will allow them to be safely stopped in advance of such switches. 

Section 603. Track safety 

The Committee has received testimony on the importance of 

strengthening track safety standards. In 2006, track-related accidents surpassed human factors-related accidents as the leading 

cause of all train accidents. 

This section adds section 20159 to title 49, United States Code. 

Section 20159 requires the Secretary, within 12 months of the date 

of enactment, to prescribe regulations to require railroad carriers 

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

to internal rail flaws. The regulations must, at a minimum, require 

railroad carriers to conduct ultrasonic or other appropriate inspections to ensure that rail used to replace defective segments of existing rail is free from internal defects; require railroad carriers to 

perform rail integrity inspections to manage an annual service failure rate of less than 0.1 per track mile on high-risk corridors, such 

as those that have significant movements of hazardous materials 

or where commuter and intercity passenger railroads operate; and 

encourage railroad use of advanced rail defect inspection equipment and similar technologies as part of a comprehensive rail inspection program. This section also requires the Secretary, within 

18 months of the date of enactment, to develop and implement regulations for all classes of track for concrete rail ties that address, 

at a minimum, limits for rail seat abrasion; concrete crosstie pad 

wear limits; missing or broken rail fasteners; loss of appropriate 

toeload pressure; improper fastener configurations; and excessive 

lateral rail movement. 

Section 604. Certification of conductors 

This section adds section 20160 to title 49, United States Code. 

Section 20160 requires the Secretary, within 18 months of the date 

of enactment, to prescribe regulations and issue orders to establish 

a program requiring the certification of train conductors. In prescribing such regulations, the Secretary must require that conductors on passenger trains be trained in security, first aid, and emergency preparedness. 

Section 605. Minimum training standards 

This section adds section 20161 to title 49, United States Code. 

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ment, to establish minimum training standards for each class and 

craft of railroad employees and develop a minimum training curriculum, and ongoing training criteria, testing, and skills evaluation measures to ensure that railroad employees charged with the 

inspection of track or railroad equipment are qualified to assess 

railroad compliance with Federal standards to identify defective 

conditions and initiative immediate remedial action to correct critical safety defects that are known to contribute to derailments, accidents, or injury. The section also requires railroad carriers to submit their training and qualification programs to the Federal Railroad Safety Administration for review and approval. 

Section 606. Prompt medical attention 

This section adds section 20162 to title 49, United States Code. 

Section 20162 prohibits a railroad carrier from denying, delaying, 

or interfering with the medical or first aid treatment of an employee who is injured during the course of employment. If transportation to a hospital is requested by an employee who is injured during the course of employment, the railroad must promptly arrange 

to have the injured employee transported to the nearest medically 

appropriate hospital. This section further prohibits a railroad carrier from disciplining, or threatening to discipline, an employee for 

requesting medical or first aid treatment, or for following orders or 

a treatment plan of a treating physician. For purposes of this section, ‘‘discipline’’ means to bring charges against a person in a disciplinary proceeding, suspend, terminate, place on probation, or 

make note of reprimand on an employee’s record. 

Section 607. Emergency escape breathing apparatus 

This section adds section 20163 to title 49, United States Code. 

Section 20163 requires the Secretary, within 18 months of enactment, to prescribe regulations that require the railroads to provide 

emergency breathing apparatus for all crewmembers on freight 

trains carrying hazardous materials that would pose an inhalation 

hazard in the event of unintentional release and to provide such 

crewmembers with appropriate training for using the breathing apparatus. 

Section 608. Locomotive cab environment 

This section requires the Secretary, within 12 months of the date 

of enactment, to transmit a report to Congress on the effects of the 

locomotive cab environment on the safety, health, and performance 

of train crews. 

Section 609. Tunnel information 

This section requires each railroad carrier, with respect to each 

of its tunnels which are longer than 1,000 feet and located under 

a city with a population of 400,000 or greater or carry five or more 

scheduled passenger trains per day, or 500 or more carloads of 

Toxic Inhalation Hazardous materials per year, to maintain for at 

least two years historical documentation of structural inspection 

and maintenance activities for such tunnels, including information 

on the methods of ingress and egress into and out of the tunnels, 

the types of cargos typically transported through the tunnels, and 

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quest, railroad carriers are also required to provide periodic briefings to the government of the local jurisdictions in which the tunnels are located, including updates whenever a repair or rehabilitation project substantially alters the methods of ingress and egress. 

Such governments are required to use appropriate means to protect 

and restrict the distribution of any security sensitive information 

provided by the railroad carriers, consistent with national security 

interests. 

Section 610. Railroad police 

This section amends section 28101 of title 49, United States 

Code, to authorize rail police officers who are employed by a railroad carrier and certified or commissioned as police officers under 

the laws of a State to enforce the laws of any jurisdiction in which 

any rail carrier owns property, to the extent of the authority of 

such police officers to protect employees, passengers, or patrons of 

any rail carrier; property, equipment, and facilities owned, leased, 

operated, or maintained by any rail carrier; property moving in 

interstate or foreign commerce in the possession of any rail carrier; 

and personnel, equipment, and material moving by rail that are 

vital to the national defense. 

Section 611. Museum locomotive study 

This section requires the Secretary of Transportation to conduct 

a study of its regulations relating to safety inspections of dieselelectric locomotives and equipment and the safety consequences of 

requiring less frequent inspections of such locomotives which are 

operated by museums. The study must also include an analysis of 

the safety consequences of requiring less air brake inspections of 

such locomotives. The Secretary is required to transmit a report to 

Congress on the results of the study within 12 months of the date 

of enactment. 

Section 612. Certification of carmen 

This section adds section 20164 to title 49, United States Code. 

Section 20164 requires the Secretary, within 18 months of the date 

of enactment, to prescribe regulations and issue orders to establish 

a program requiring the certification of carmen, including all employees performing mechanical inspections, brake system inspections, or maintenance on freight and passenger rail cars. The program shall be designed based on the requirements of parts 215, 

221, 231, 232, and 238 of title 49 of the Code of Federal Regulations. 

Section 613. Train control systems deployment grants 

This section requires the Secretary to establish a grant program 

for the deployment of train control and component technologies. 

Grants shall be made to eligible passenger and freight railroad carriers and State and local governments for specified projects that 

have public benefits of improved safety or network efficiency. Applicants for grants are required to file with the Secretary a train control implementation plan that describes the overall safety and efficiency benefits of installing the systems and the stages for implementing such systems. The Secretary is required to give priority 

consideration to applications that benefit both passenger and 


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freight safety and efficiency, or incentivize train control technology 

deployment on high-risk corridors such as those that have significant movements of hazardous materials or where commuter and 

intercity passenger railroads operate. 

Section 614. Infrastructure safety investment reports 

This section requires each Class I railroad, not later than February 15 of each year, to file a report with the Federal Railroad 

Safety Administration and the Surface Transportation Board detailing, by State, the infrastructure investments and maintenance 

they have performed on their system, including but not limited to 

track, locomotives, railcars, and grade crossings, in the previous 

calendar year. Such reports shall be made publicly available, and 

any interested party may file comments about the reports, which 

also shall be made public. 

Section 615. Emergency grade crossing safety improvements 

On Easter 2007, three teenage girls died when their car was 

struck by a freight train at a railroad grade crossing in Excelsior 

Springs, Missouri. The crossing was equipped with flashing warning signal lights, but no crossing gates. 

This section requires the Secretary to establish a grant program 

for State and local governments to provide emergency grade crossing safety improvements at locations where there has been a railroad grade crossing collision with a school bus or collision involving 

three or more serious bodily injuries or fatalities. Grants awarded 

shall not exceed $250,000 per crossing. 

Section 616. Clarifications regarding State law causes of action 

This section amends section 20106 of title 49, United States 

Code, to clarify that nothing in that section shall be construed to 

preempt an action under State law seeking damages for personal 

injury, death, or property damage alleging that a party has violated the Federal standard of care established by a regulation or 

order issued by the Secretary of Transportation (with respect to 

railroad safety matters) or the Secretary of Homeland Security 

(with respect to railroad security matters) covering the same subject matter as provided in section 20106(a). This includes actions 

under State law for a party’s violation of or failure to adequately 

comply with its own plan, rule, or standard that it created pursuant to a regulation or order issued by either of the Secretaries or 

for a party’s failure to adequately comply with a law, regulation, 

or order issued by either of the Secretaries. Actions under State 

law for a violation of a State law, regulation, or order that is not 

inconsistent with section 20106(a)(2) are also not preempted. Section 20106(b)(2), as amended by this section, clarifies that this entire section shall apply to all pending State law causes of action 

arising from events or activities occurring on or after January 18, 

2002. 

After the Committee ordered H.R. 2095 reported favorably to the 

House on June 14, 2007, the House and Senate passed the Conference Report on H.R. 1, the ‘‘Implementing Recommendations of 

the 9/11 Commission Act of 2007’’, which addressed this issue and 

clarified the intent and interpretations of the preemption statute 


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under current law. The President signed the bill on August 3, 2007 

(P.L. 110–259). 

P.L. 110–259 clarifies that section 20106 of title 49, United 

States Code, does not preempt State law causes of action where a 

party has failed to comply with the Federal standard of care established by a regulation or order issued by the Secretary of Transportation or the Secretary of Homeland Security, its own plan or 

standard that it created pursuant to a regulation or order issued 

by either of the Secretaries, or a State law, regulation, or order 

that is not incompatible with section 20106(a)(2). P.L. 110–259 also 

clarifies that section 20106 applies to all pending State law causes 

of action arising from activities or events occurring on or after January 18, 2002, the date of the Minot, North Dakota derailment. 

The provision also states that nothing in section 20106 creates a 

Federal cause of action on behalf of an injured party or confers 

Federal question jurisdiction for such State law causes of action. 

Title VII. Rail Passenger Disaster Family Assistance 

Section 701. Short title 

This section designates the title of Title VII as the ‘‘Rail Passenger Disaster Family Assistance Act of 2007’’. 

Section 702. Assistance by National Transportation Safety Board to 

families of passengers involved in rail passenger accidents 

This section adds section 1139 to title 49, United States Code. 

Section 1139 requires the Chairman of the National Transportation 

Safety Board, as soon as practical after being notified of a rail passenger accident within the United States, to (1) designate and publicize the name and phone number of a director of family support 

services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and 

a liaison between the rail passenger carrier and the families; and 

(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, 

which shall have primary responsibility for coordinating the emotional care and support of the families passengers involved in the 

accident. 

Section 703. Rail passenger carrier plans to address needs of families of passengers involved in rail passenger accidents 

This section adds section 25101 to title 49, United States Code. 

Section 25101 requires each rail passenger carrier, within six 

months of the date of enactment, to submit to the Secretary and 

the Chairman of the National Transportation Safety Board a plan 

for addressing the needs of the families of passengers involved in 

any rail passenger accident involving a train of the rail passenger 

carrier and resulting in a major loss of life. The section further provides that a rail passenger carrier shall not be liable for any damages in any action brought in a Federal or State court arising out 

of the performance of the rail passenger carrier in preparing or providing a passenger list, or in providing information concerning a 

train reservation, pursuant to a plan submitted by the rail passenger carrier, unless such liability was caused by conduct of the 


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rail passenger carrier which was grossly negligent or which constituted intentional misconduct. 

Section 704. Establishment of task force 

This section requires the Secretary to establish a task force to 

develop a model plan to assist passenger rail carriers in responding 

to passenger rail accidents; recommendations on methods to improve the timeliness of the notification provided by passenger rail 

carriers to the families of passengers involved in a passenger rail 

accident; recommendations on methods to ensure that the families 

of passengers involved in a passenger rail accident who are not citizens of the United States receive appropriate assistance; and recommendations on methods to ensure that emergency services personnel have as immediate and accurate a count of the number of 

passengers onboard the train as possible. The Secretary is required 

to transmit to Congress a report containing the model plan and recommendations developed by the task force not later than one year 

after the date of enactment. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

The Federal Railroad Administration was last reauthorized by 

Congress in 1994, in the Federal Railroad Safety Authorization Act 

of 1994. That authorization expired in 1998. Since 1994, the Committee on Transportation and Infrastructure has held 22 hearings 

on rail safety. 

In the 110th Congress, the Subcommittee on Railroads, Pipelines, and Hazardous Materials has held six hearings on rail safety. 

On January 30 and 31, 2007, the Subcommittee held hearings on 

reauthorization of the Federal rail safety program. On February 

13, 2007, the Subcommittee held a hearing on fatigue. On March 

16, 2007, the Subcommittee held a field hearing on the role of 

human factors in rail accidents. On May 1, 2007, Chairman Oberstar introduced H.R. 2095, the ‘‘Federal Railroad Safety Improvement Act of 2007’’. On May 8, 2007, the Subcommittee held a hearing on rail safety legislation, including H.R. 2095. On August 8, 

2007, the Subcommittee held a field hearing on Federal, State, and 

local roles in rail safety. 

On May 22, 2007, the Subcommittee on Railroads, Pipelines, and 

Hazardous Materials met in open session to consider H.R. 2095. 

The Subcommittee adopted, by voice vote, the following amendments: • An Amendment in the Nature of a Substitute to require the 

Secretary to base efforts to strengthen hours-of-service standards on scientific and medical research; to allow the Secretary 

to extend the December 31, 2014 deadline for implementation 

of positive train control systems for any railroad carrier for up 

to 24 additional months if the Secretary determines that such 

an extension is necessary to implement a more effective positive train control system, to obtain interoperability between 

positive train control systems implemented by railroad carriers, to determine that a positive train control system meets 

existing regulations, or to otherwise enhance safety; to limit requirements that railroad carriers perform rail integrity inspections to manage an annual service failure rate of less than 0.1 

per track mile to high-risk corridors, such as those that have 


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significant movements of hazardous materials or where commuter and intercity passenger railroads operate; and to require 

railroads to transport workers who are injured on-the-job to 

the nearest hospital. The amendment also provided that time 

waiting for deadhead transportation and time in deadhead 

transportation from a duty assignment to the place of final release is neither time on-duty nor time off-duty in situations involving any of the following: a casualty, an accident, an act of 

God, including a weather event such as a snowstorm, landslide, or track or bridge washout, a track obstruction, a derailment, a major equipment failure, or any other delay that was 

unforeseen or unknown to the railroad carrier when the employee left a terminal. The amendment requires railroads to report to the Federal Railroad Safety Administration on their 

usage of limbo time in these situations, and they are required 

to provide train crews in ‘‘limbo’’ with additional time for rest 

equal to the time spent in ‘‘limbo’’; • An amendment to the Amendment in the Nature of a Substitute to require the Secretary to develop and make available 

to States model legislation addressing sight obstructions at 

grade crossings; 

• An amendment to the Amendment in the Nature of a Substitute to limit the scope of fatigue management plans submitted by railroad carriers to employees performing safety sensitive functions; 

• An amendment to the Amendment in the Nature of a Substitute to authorize $1.5 million for Operation Lifesaver to 

carry out a public information and education program to help 

prevent incidents at grade crossings and to use funds to implement a Railroad Safety Public Awareness pilot program in 

States and communities where safety is most at risk; and 

• An amendment to the Amendment in the Nature of a Substitute to require the Secretary of Transportation to identify on 

an annual basis the top 10 States with the most grade crossing 

collisions and to work with those States to develop a State 

Grade Crossing Action Plan. 

The Subcommittee favorably recommended H.R. 2095, as amended, to the Committee on Transportation and Infrastructure by voice 

vote with a quorum present. 

On June 14, 2007, the Committee on Transportation and Infrastructure met in open session to consider H.R. 2095, as favorably 

recommended by the Subcommittee. The Committee adopted, by 

voice vote, a manager’s amendment that made several changes to 

the bill. The manager’s amendment allowed limbo time in circumstances of a casualty, an accident, a track obstruction, an act 

of God, a weather event causing a delay, a snowstorm, a landslide, 

a track or bridge washout, a derailment, a major equipment failure 

which prevents a train from advancing, or other delay from a cause 

unknown and unforeseeable to a railroad carrier when the employee left a designated terminal. In addition to these exceptions, 

the amendment allowed the carriers to use up to 40 hours a month 

in limbo time per employee during the first authorization year; 30 

hours a month during the second authorization year; and 10 hours 

a month thereafter. The amendment also required the Secretary to 

certify that each positive train control system or component has not 


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experienced a safety-critical failure during prior testing and evaluation. If such a failure has occurred, the system or component 

may be repaired and evaluated in accordance with existing regulations and may be installed when the Secretary certifies that the 

factors causing the failure have been corrected and approves the 

system for installation. The amendment further established a grant 

program for the deployment of train control and component technologies. The amendment made additional changes and technical 

corrections. 

The Committee ordered the bill, as amended by the Committee, 

reported favorably to the House by voice vote with a quorum 

present. 

RECORD VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each record vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. On June 14, 2007, the Committee on Transportation and Infrastructure met in open session 

and adopted a manager’s amendment to the bill by voice vote with 

a quorum present. The Committee ordered the bill, as amended, reported favorably to the House by voice vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(I) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and 308(a) of the 

Congressional Budget Act of 1974, the Committee references the 

report of the Congressional Budget Office included below. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to reauthorize the Federal 

Railroad Administration and establishes safety measures to prevent railroad fatalities, injuries, and hazardous materials releases. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

following cost estimate for H.R. 2095 from the Director of the Congressional Budget Office: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 3, 2007. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, House 

of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2095, the Federal Railroad Safety Improvement Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Sarah Puro (for federal spending) and Emily Schlect (for revenues). 

Sincerely, 

PETER R. ORSZAG, 

Director. 

Enclosure. 

H.R. 2095—Federal Railroad Safety Improvement Act of 2007 

Summary: H.R. 2095 would authorize appropriations over the 

2008–2011 period for operations of the Federal Railroad Administration (FRA) within the Department of Transportation (DOT) and 

would reorganize that agency and change its name to the Federal 

Rail Safety Administration (FRSA). 

CBO estimates that the bill would authorize the appropriation of 

$1.2 billion over the 2008–2012 period. Those amounts include 

funds for operating FRSA, building a rail facility in Pueblo, Colorado, grants to increase safety throughout the rail system, and implementing National Transportation Safety Board (NTSB) programs to assist the families of passengers who are in rail accidents. 

Under the bill, FRSA would promulgate and enforce rules and regulations, increase the number of track inspectors, administer 

grants for projects related to railroad safety, complete studies and 

reports regarding railroad safety and technology, and create model 

legislation for state and local governments related to the safety of 

areas where railroad tracks and highways meet (grade crossings). 

Assuming appropriation of the amounts authorized and estimated 

to be necessary, CBO estimates that implementing the bill would 

cost $176 million in 2008, $1.1 billion over the 2008–2012 period, 

and about $80 million after 2012. 

Enacting H.R. 2095 could increase direct spending, but CBO estimates that any increases in direct spending would be insignificant. 

CBO estimates that additional penalties of $6 million a year, $30 

million over the 2008–2012 period, and $60 million over the 2008–

2017 period would be collected under the bill. Penalty collections 

are classified as revenues in the budget. 

H.R. 2095 contains several intergovernmental and private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA). The bill’s mandates include requirements for railroads to 

comply with hours of service restrictions, certification requirements, safety procedures, and reporting requirements, as well as 

preemptions of certain state laws. Due to the small number of public entities involved, CBO estimates that compliance costs for those 

entities would not exceed the annual threshold established in 

UMRA for intergovernmental mandates ($66 million in 2007, adVerDate Aug 31 2005 04:25 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00054 Fmt 6659 Sfmt 6602 E:\HR\OC\HR336.XXX HR336

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justed annually for inflation). Because the costs to comply with the 

safety systems that would be required by the bill are substantial, 

CBO estimates that the aggregate cost to private entities of the 

mandates in the bill would exceed the annual threshold in UMRA 

for private-sector mandates ($131 million in 2007, adjusted annually for inflation). 

Other provisions of the bill would authorize grants for which 

state, local, and private-sector entities would be eligible. Any costs 

those entities might incur would result from participating in the 

grant programs and would be incurred voluntarily. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 2095 is shown in Table 1. The costs of this 

legislation fall within budget function 400 (transportation). 

Basis of estimate: For this estimate, CBO assumes that H.R. 

2095 will be enacted near the end of fiscal year 2007, that the authorized and necessary amounts will be appropriated each year, 

and that outlays will follow the historical rate of spending for similar programs. 

Spending subject to appropriation 

H.R. 2095 would reauthorize the programs of the FRA through 

2011, reorganize the agency and rename it the Federal Rail Safety 

Administration, and place certain new requirements on the agency. 

The current authorization for FRA expired at the end of fiscal year 

1998 (although the agency received appropriations in the intervening years). The legislation would specifically authorize the appropriation of about $1.2 billion over the next four years for FRSA 

programs, including some grants to improve the safety of rail operations. In addition, title 7 would require the NTSB to provide assistance to the families of passengers involved in rail accidents that 

result in a loss of life. CBO estimates that provision would cost $1 

million, annually. 

TABLE 1.—ESTIMATED BUDGETARY IMPACT OF H.R. 2095 

By fiscal year, in millions of dollars— 

2007 2008 2009 2010 2011 2012 

SPENDING SUBJECT TO APPROPRIATION 

Spending under Current Law for the Federal Railroad Administration: 

Authorization Level 1 ............................................................ 184 13 16 0 0 0 

Estimated Outlays ............................................................... 188 51 42 11 0 0 

Proposed Changes: 

Federal Rail Safety Administration Programs: 

Authorization Level ..................................................... 0 230 260 295 335 0 

Estimated Outlays ...................................................... 0 161 217 269 316 93 

Pueblo, Colorado Facility: 

Authorization Level ..................................................... 0 18 0 0 0 0 

Estimated Outlays ...................................................... 0 11 4 2 2 0 

Grants for Programs to Increase Rail Safety: 

Estimated Authorization Level .................................... 0 22 22 22 20 0 

Estimated Outlays ...................................................... 0 3 9 15 21 19 

NTSB Assistance after Rail Accidents: 

Estimated Authorization Level .................................... 0 1 1 1 1 0 

Estimated Outlays ...................................................... 0 1 1 1 1 0 

Total Changes: 

Estimated Authorization Level ........................... 0 271 283 318 358 0 

Estimated Outlays ............................................. 0 176 230 286 340 112 


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TABLE 1.—ESTIMATED BUDGETARY IMPACT OF H.R. 2095—Continued 

By fiscal year, in millions of dollars—

2007 2008 2009 2010 2011 2012 

Total Spending Under H.R. 2095 for Rail Safety Progams: 

Estimated Authorization Level ............................................. 184 284 299 318 358 0 

Estimated Outlays ............................................................... 188 227 272 297 340 112 

CHANGES IN REVENUES 

Estimated Revenues ..................................................................... 0 6 6 6 6 6 

1 Certain rail safety programs, but not most, for which the bill authorizes appropriations through fiscal year 2011, were authorized by Public Law 109–59 through fiscal year 2009. The current authorization in tiscal years 2008 and 2009 is in the form of contract authority. The 

spending of contract authority is controlled by annual limits on obligations set on appropriation acts and is therefore considered discretionary. 

Federal Rail Safety Administration (FRSA). The bill would require railroad operators to comply with new safety requirements in 

the bill. The bill also would require FRSA to establish a chief safety officer, increase track inspectors, and administer new grants. 

Under the provisions of the bill, FRSA and the Inspector General 

of DOT would issue studies and reports with respect to rail safety, 

review and approve plans submitted by railroad operators, create 

model legislation for states regarding the safety of grade crossings 

and the prevention of vandalism to railroad safety measures, and 

establish and enforce regulations regarding the safety and certification requirements in the bill. The bill would authorize the appropriation of $230 million in 2008 and $1.1 billion over the 2008–2012 period for support of 

those programs. CBO estimates that implementing those provisions 

would cost $161 million in 2008 and nearly $1.1 billion over the 

2008–2012 period. 

Authorization for Facility in Pueblo, Colorado. The bill would authorize the appropriation of $18 million to design, develop, and construct the Facility for Underground Rail Station and Tunnel at the 

Transportation Technology Center in Pueblo, Colorado. Assuming 

appropriation of the authorized amount, CBO estimates that implementing this provision would cost $11 million in 2008 and $18 million over the 2008–2012 period. 

Grants for Programs To Increase Rail Safety. H.R. 2095 would 

direct FRSA to administer three new grant programs. Assuming 

appropriation of the necessary amounts, CBO estimates that grants 

would cost $3 million in 2008 and $67 million over the 2008–2012 

period. The grants would support the deployment of certain automated systems to avoid collisions in the event of a mistake by a 

train operator, and the installation, repair, or improvement of 

grade crossings (the location where highways and railroad tracks 

meet), and Operation Lifesaver—a nonprofit organization with the 

mission to end accidents at grade crossings. 

Grants for the Deployment of Train Control Systems. Section 613 

would authorize the appropriation of funds to support the deployment of certain automated systems for Class I railroads—there are 

currently seven such large railroads in the United States—to avoid 

collisions in the event of a mistake by a train operator. Those large 

railroads would be required to implement such systems by 2014 

under provisions of the bill. Based on information from FRA and 

industry sources about the need for and cost of such systems, CBO 

estimates that such grants would cost $1 million in 2008, $31 million over the 2008–2012 period, and $9 million after 2012. 


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Grants To Support the Improvement of Grade Crossings. Section 

615 would authorize the appropriation of funds to support the installation, repair, or improvement of grade crossings. Each grant 

would be limited to $250,000. Under current law, FRA manages a 

similar program that costs between $10 million and $15 million per 

year. CBO expects that the grants authorized in the bill would likely augment the current program. Based on information from FRA 

and industry sources about the number of grade-crossing accidents, 

a significant need exists for improving the safety of grade crossings. CBO estimates that such grants would add $10 million annually to the current grant program at a cost of $1 million in 2008, 

$31 million over the 2008–2012 period, and $9 million after 2012. 

Grants for Operation Lifesaver. Section 407 would direct FRSA to 

make additional grants to Operation Lifesaver—a nonprofit organization with the mission to end accidents at places where roadways 

cross train tracks and on railroad rights-of-way. Under the current 

authorization for highway programs (Public Law 109–59), Operation Lifesaver receives $560,000 annually of contract authority 

(that is subject to annual obligation limitations) through fiscal year 

2009. The bill would specifically authorize the appropriation of an 

additional $1.5 million annually over the 2008–2011 period for Operation Lifesaver. 

NTSB Assistance After Rail Accidents. Title 7 would require the 

NTSB to provide assistance to the families of passengers who are 

in rail accidents on Amtrak that result in a major loss of life. The 

bill also would require DOT to establish a task force that would 

recommend ways to improve family assistance and to more accurately determine the number of passengers on board a train involved in an accident. Based on information from the NTSB, and 

assuming appropriation of the necessary amounts, CBO estimates 

that implementing this provision would cost $1 million a year. 

Direct spending and revenues 

H.R. 2095 would establish new civil penalties on railroads that 

fail to comply with reporting requirements regarding grade crossings and increase penalties for general violations of safety laws addressed by the bill. Collections of civil fines are recorded as revenues and deposited in the Treasury. The bill would increase the 

maximum penalty for violations of the law from $10,000 to $25,000 

and would raise the maximum penalty for violations that are grossly negligent or that represent a repeating pattern of offenses from 

$20,000 to $100,000. According to the FRA, under current law, 

such civil fines generate about $15 million in revenues annually. 

CBO expects that an increase in the fees would decrease the number of violations, but we expect that the increased penalty would 

generate additional revenues of $6 million a year (see Table 2). 

TABLE 2.—CHANGES IN REVENUES OVER THE 2008–2017 PERIOD UNDER H.R. 2095 

By fiscal year, in millions of dollars—

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2008– 2012 

2008– 2017 

CHANGES IN REVENUES 

Estimated Revenues .............. 6 6 6 6 6 6 6 6 6 6 30 60 


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Intergovernmental and private-sector impact: H.R. 2095 contains 

several intergovernmental and private-sector mandates as defined 

in UMRA because it would require railroads to comply with hours 

of service restrictions, certification requirements, safety procedures, 

and reporting requirements, and would preempt certain state laws. 

The total cost to comply with those mandates is uncertain and 

would depend, in part, on regulations that have not yet been established. Due to the small number of public entities involved, however, CBO estimates that the aggregate costs for those entities to 

comply with the bill’s mandates would not exceed the annual 

threshold established in UMRA for intergovernmental mandates 

($66 million in 2007, adjusted annually for inflation). Because the 

costs to comply with the safety systems that would be required by 

the bill are substantial, CBO estimates that the aggregate cost to 

private entities of the mandates in the bill would exceed the annual threshold in UMRA for private-sector mandates ($131 million 

in 2007, adjusted annually for inflation). 

Other provisions of the bill would authorize grants for which 

state, local, and private-sector entities would be eligible. Any costs 

those entities might incur arising from participating in the grant 

programs would be incurred voluntarily. 

Mandates that affect both the public and private sector 

By requiring railroads to comply with hours of service restrictions, certification requirements, safety procedures, reporting requirements, and by preempting certain state laws, H.R. 2095 would 

impose both intergovernmental and private-sector mandates as defined in UMRA. 

Mandate With Costs Exceeding the Threshold. The bill would require the Secretary of Transportation to issue regulations requiring 

railroads to ensure that rail used in track repairs is free of internal 

defects and that the railroads meet a specific annual service failure 

rate. 

According to government sources, most of the track owned by 

state and local entities currently meets those requirements, and 

CBO estimates that additional costs would be small for public entities. According to industry and government sources, however, most 

of the track owned by private carriers, especially in rural areas, 

currently does not meet those requirements, although no data exist 

on the exact amount of track that would need to be updated. According to industry sources, however, the cost to comply with this 

mandate would be well over the annual threshold for the private 

sector. 

Mandates With Uncertain Costs. The bill contains several mandates whose costs CBO cannot estimate at this time. Those mandates would: 

• Increase restrictions on the number of hours that signalmen 

and train crews are allowed to work over certain time periods; 

• Require railroads to certify train conductors and carmen, establishing minimum training standards for each craft of railroad 

employees as well as track and railroad equipment inspectors; and 

• Require that railroads report information on the status of 

grade crossings. 

CBO cannot estimate the total costs of those mandates because 

we do not have sufficient information about how railroads would 


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choose to adjust their employees’ schedules to comply with the restrictions and because total costs would depend upon future regulatory actions of the Secretary. 

Mandates With Minimal Costs. Several mandates in the bill 

would impose minimal additional costs on railroads, in CBO’s estimation. Those mandates would: • Strengthen whistleblower protections for railroad employees, 

specifically protections against intimidation and harassment; • Require railroads to post a toll-free number at all grade crossings to report problems, and to warn trains and the appropriate 

public-safety officials about hazardous conditions; • Require railroads to remove vegetation that obstructs the view 

of pedestrians and drivers at grade crossings; • Require railroads to submit plans to address railroad worker 

fatigue, the needs of families of accident victims, and accidents at 

highway-rail grade crossings; • Require railroads to maintain documentation of activities to inspect and maintain the structural integrity of certain tunnels 

through which they operate; • Prohibit any individual or state from interfering in or disrupting the work of the National Transportation Safety Board during a railroad disaster; • Impose restrictions on the unsolicited communications of attorneys or potential parties to litigation in the event of a railroad accident; and • Prohibit railroad carriers from interfering with the medical 

treatment of injured workers. 

CBO estimates that the additional costs to comply with those 

mandates would be small because compliance likely would involve 

only a small adjustment in current procedures, or because railroads 

or individuals would be unlikely to engage in the prohibited activities. Additionally, the bill would establish a grant program for state 

and local governments to address some of those requirements. 

Mandates that affect only the private sector 

The bill also would impose additional mandates that affect only 

private rail carriers. Those mandates include, but are not limited 

to, requirements for installation of positive train control systems 

and new switch indicators for tracks; requirements for emergency 

equipment and training for crewmembers on trains that carry hazardous materials; and requirements related to sleeping quarters for 

rail employees. 

Positive Train Control (PTC) System. The bill would require each 

Class I railroad carrier, within 12 months after enactment, to develop and submit a plan for implementing a positive train control 

system by December 31, 2014. The Secretary of Transportation, 

however, would be authorized to extend the date for implementation by two years under certain conditions. Positive train control 

systems are intended to reduce collisions in the event of a mistake 

by a train operator. No railroad carrier would be permitted to begin 

the implementation of their plan before getting approval from the 

Secretary of Transportation. According to industry sources, some 

railroad carriers currently are participating in pilot programs with 

the purpose of developing PTC systems. The cost to implement 

such systems is uncertain at this stage of development. Based on 


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information from the Federal Railroad Administration and the Association of American Railroads, CBO estimates that the cost to 

comply with this mandate would total at least a few billion dollars 

for the industry. The bill would authorize grants for eligible private-sector entities to assist with the cost of implementing a positive train control system. 

Switch-Position Indicators. The bill would require the Secretary 

to issue regulations requiring railroad carriers to install switch-position indicators on main lines in non-signaled territory, or operate 

trains at speeds that will allow involved train employees to safely 

stop the train in advance of a misaligned switch. The former option 

would require private entities to install those switch-position indicators to alert oncoming trains of a misaligned track. According to 

industry sources, the latter option would require private entities to 

operate at speeds up to 50 percent slower than normal. The relative cost of each option would depend on the routes of service. 

While the cost of this mandate is uncertain, it is likely that compliance costs would be large relative to the UMRA’s annual threshold. 

The bill would authorize grants for eligible private-sector entities 

to assist with the cost of implementing switch-position monitoring 

technology. 

Emergency Escape Breathing Apparatus. The bill would require 

railroads to provide an emergency breathing apparatus for each 

crewmember on freight trains that carry hazardous materials, and 

to provide crewmembers with training in the use of those devices. 

According to industry sources, although the average cost of the apparatus and the large number of private entities that would have 

to comply suggest that the costs could be substantial, the cost of 

this mandate would be below the annual threshold established in 

UMRA for private-sector mandates. 

Sleeping Quarters. The bill would prohibit railroad carriers from 

using camp cars as sleeping quarters for its employees one year 

after the enactment of the bill. Camp cars are mostly used by railroad carriers operating in rural areas where sleeping accommodations are not readily available. To comply with this mandate, private entities would likely have to transport crews working in those 

areas to proper sleeping accommodations. According to government 

and industry sources, however, few railroad carriers use camp cars 

as sleeping quarters. Given the small number of entities that would 

be affected, CBO estimates that the costs to comply with this mandate would be minimal. 

Other impacts: Grants 

The bill would establish a grant program for passenger and 

freight railroad carriers, and state and local governments, to install 

train controls, switch-position indicators, and other component 

technologies. The bill also would establish a grant program for 

state and local governments to improve emergency grade crossings. 

Any costs those entities might incur would result from complying 

with conditions of federal assistance. Participation in any federal 

contract, including those grants, is considered a voluntary action. 

Duties arising from participation in such a voluntary federal program are not mandates under UMRA. 

Estimate prepared by: Federal Spending: Sarah Puro; Federal 

Revenues: Emily Schlect; Impact on State, Local, and Tribal GovVerDate Aug 31 2005 04:25 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00060 Fmt 6659 Sfmt 6602 E:\HR\OC\HR336.XXX HR336

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ernments: Elizabeth Cove; Impact on the Private Sector: Jacob 

Kuipers. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, H.R. 2095, the ‘‘Federal Railroad Safety Improvement Act of 2007’’, contains the following congressional earmarks, 

limited tax benefits, or limited tariff benefits as defined in clause 

9(d), 9(e), or 9(f) of rule XXI of the Rules of the House of Representatives: 

Sec. 105, Pueblo, CO, Facility for Underground Rail Station and 

Tunnel at the Transportation Technology Center—$18 million, Rep. 

John T. Salazar. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under Article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 2095 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 


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as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

SUBTITLE I—DEPARTMENT OF 

TRANSPORTATION 

* * * * * * * 

CHAPTER 1—ORGANIZATION 

Sec 

101. Purpose. 

* * * * * * * 

ø103. Federal Railroad Administration.¿ 

103. Federal Railroad Safety Administration. 

* * * * * * * 

ø§ 103. Federal Railroad Administration 

ø(a) The Federal Railroad Administration is an administration in 

the Department of Transportation. To carry out all railroad safety 

laws of the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary of 

Transportation is responsible for all acts taken under those laws 

and for ensuring that the laws are uniformly administered and enforced among the safety offices. 

ø(b) The head of the Administration is the Administrator who is 

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

the Senate. The Administrator reports directly to the Secretary. 

ø(c) The Administrator shall carry out— ø(1) duties and powers related to railroad safety vested in 

the Secretary by section 20134(c) and chapters 203–211 of this 

title, and chapter 213 of this title in carrying out chapters 203–

211; and 

ø(2) additional duties and powers prescribed by the Secretary. 

ø(d) A duty or power specified by subsection (c)(1) of this section 

may be transferred to another part of the Department only when 

specifically provided by law or a reorganization plan submitted 

under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers and involving notice and hearing 

required by law is administratively final. 

ø(e) Subject to the provisions of subtitle I of title 40 and title III 

of the Federal Property and Administrative Services Act of 1949 

(41 U.S.C. 251 et seq.), the Secretary of Transportation may make, 

enter into, and perform such contracts, grants, leases, cooperative 

agreements, and other similar transactions with Federal or other 

public agencies (including State and local governments) and private 

organizations and persons, and make such payments, by way of advance or reimbursement, as the Secretary may determine to be necessary or appropriate to carry out functions of the Federal Railroad 

Administration. The authority of the Secretary granted by this subVerDate Aug 31 2005 06:19 Sep 20, 2007 Jkt 059006 PO 00000 Frm 00062 Fmt 6659 Sfmt 6601 E:\HR\OC\HR336.XXX HR336

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section shall be carried out by the Administrator. Notwithstanding 

any other provision of this chapter, no authority to enter into contracts or to make payments under this subsection shall be effective, 

except as provided for in appropriations Acts.¿ 

§ 103. Federal Railroad Safety Administration 

(a) IN GENERAL.—The Federal Railroad Safety Administration (in 

this section referred to as the ‘‘Administration’’) shall be an administration in the Department of Transportation. To carry out all railroad safety laws of the United States, the Administration shall be 

divided on a geographical basis into at least 8 safety offices. The 

Secretary of Transportation shall be responsible for enforcing those 

laws and for ensuring that those laws are uniformly administered 

and enforced among the safety offices. 

(b) SAFETY AS HIGHEST PRIORITY.—In carrying out its duties, the 

Administration shall consider the assignment and maintenance of 

safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in railroad transportation. 

(c) ADMINISTRATOR.—The head of the Administration shall be the 

Administrator who shall be appointed by the President, by and with 

the advice and consent of the Senate, and shall be an individual 

with professional experience in railroad safety, hazardous materials 

safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation. 

(d) DEPUTY ADMINISTRATOR.—The Administration shall have a 

Deputy Administrator who shall be appointed by the Secretary. The 

Deputy Administrator shall carry out duties and powers prescribed 

by the Administrator. 

(e) CHIEF SAFETY OFFICER.—The Administration shall have an 

Associate Administrator for Railroad Safety appointed in the competitive service by the Secretary. The Associate Administrator shall 

be the Chief Safety Officer of the Administration. The Associate Administrator shall carry out the duties and powers prescribed by the 

Administrator. 

(f) DUTIES AND POWERS OF THE ADMINISTRATOR.—The Administrator shall carry out— (1) duties and powers related to railroad safety vested in the 

Secretary by section 20134(c) and chapters 203 through 211 of 

this title, and by chapter 213 of this title for carrying out chapters 203 through 211; and 

(2) other duties and powers prescribed by the Secretary. 

(g) LIMITATION.—A duty or power specified in subsection (f)(1) 

may be transferred to another part of the Department of Transportation or another Federal Government entity only when specifically 

provided by law. A decision of the Administrator in carrying out the 

duties or powers of the Administration and involving notice and 

hearing required by law is administratively final. 

(h) AUTHORITIES.—Subject to the provisions of subtitle I of title 40 

and title III of the Federal Property and Administrative Services Act 

of 1949 (41 U.S.C. 251 et seq.), the Secretary of Transportation may 

make, enter into, and perform such contracts, grants, leases, cooperative agreements, and other similar transactions with Federal or 

other public agencies (including State and local governments) and 

private organizations and persons, and make such payments, by 


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way of advance or reimbursement, as the Secretary may determine 

to be necessary or appropriate to carry out functions at the Administration. The authority of the Secretary granted by this subsection 

shall be carried out by the Administrator. Notwithstanding any 

other provision of this chapter, no authority to enter into contracts 

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

as provided for in appropriations Acts. 

* * * * * * * 

SUBTITLE II—OTHER GOVERNMENT AGENCIES 

* * * * * * * 

CHAPTER 11—NATIONAL TRANSPORTATION SAFETY 

BOARD 

SUBCHAPTER I—GENERAL 

Sec. 

1101. Definitions. 

* * * * * * * 

SUBCHAPTER III—AUTHORITY 

* * * * * * * 

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

* * * * * * * 

SUBCHAPTER III—AUTHORITY 

* * * * * * * 

§ 1139. Assistance to families of passengers involved in rail 

passenger accidents 

(a) IN GENERAL.—As soon as practicable after being notified of a 

rail passenger accident within the United States involving a rail 

passenger carrier and resulting in a major loss of life, the Chairman of the National Transportation Safety Board shall— (1) designate and publicize the name and phone number of a 

director of family support services who shall be an employee of 

the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail 

passenger carrier and the families; and 

(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating 

the emotional care and support of the families of passengers involved in the accident. 

(b) RESPONSIBILITIES OF THE BOARD.—The Board shall have primary Federal responsibility for— (1) facilitating the recovery and identification of fatally injured passengers involved in an accident described in subsection (a); and 

(2) communicating with the families of passengers involved in 

the accident as to the roles of—

(A) the organization designated for an accident under 

subsection (a)(2); 


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(B) Government agencies; and 

(C) the rail passenger carrier involved, 

with respect to the accident and the post-accident activities. 

(c) RESPONSIBILITIES OF DESIGNATED ORGANIZATION.—The organization designated for an accident under subsection (a)(2) shall 

have the following responsibilities with respect to the families of 

passengers involved in the accident: 

(1) To provide mental health and counseling services, in coordination with the disaster response team of the rail passenger 

carrier involved. 

(2) To take such actions as may be necessary to provide an 

environment in which the families may grieve in private. 

(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to 

such location, and to contact all affected families periodically 

thereafter until such time as the organization, in consultation 

with the director of family support services designated for the 

accident under subsection (a)(1), determines that further assistance is no longer needed. 

(4) To arrange a suitable memorial service, in consultation 

with the families. 

(d) PASSENGER LISTS.— (1) REQUESTS FOR PASSENGER LISTS.— (A) REQUESTS BY DIRECTOR OF FAMILY SUPPORT SERV- ICES.—It shall be the responsibility of the director of family 

support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the 

rail passenger carrier involved in the accident a list, which 

is based on the best available information at the time of the 

request, of the names of the passengers that were aboard 

the rail passenger carrier’s train involved in the accident. 

A rail passenger carrier shall use reasonable efforts, with 

respect to its unreserved trains, and passengers not holding 

reservations on its other trains, to ascertain the names of 

passengers aboard a train involved in an accident. 

(B) REQUESTS BY DESIGNATED ORGANIZATION.—The organization designated for an accident under subsection (a)(2) 

may request from the rail passenger carrier involved in the 

accident a list described in subparagraph (A). 

(2) USE OF INFORMATION.—The director of family support 

services and the organization may not release to any person information on a list obtained under paragraph (1) but may provide information on the list about a passenger to the family of 

the passenger to the extent that the director of family support 

services or the organization considers appropriate. 

(e) CONTINUING RESPONSIBILITIES OF THE BOARD.—In the course 

of its investigation of an accident described in subsection (a), the 

Board shall, to the maximum extent practicable, ensure that the 

families of passengers involved in the accident— (1) are briefed, prior to any public briefing, about the accident 

and any other findings from the investigation; and 

(2) are individually informed of and allowed to attend any 

public hearings and meetings of the Board about the accident. 

(f) USE OF RAIL PASSENGER CARRIER RESOURCES.—To the extent 

practicable, the organization designated for an accident under subVerDate Aug 31 2005 04:25 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00065 Fmt 6659 Sfmt 6603 E:\HR\OC\HR336.XXX HR336

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section (a)(2) shall coordinate its activities with the rail passenger 

carrier involved in the accident to facilitate the reasonable use of the 

resources of the carrier. 

(g) PROHIBITED ACTIONS.— (1) ACTIONS TO IMPEDE THE BOARD.—No person (including a 

State or political subdivision) may impede the ability of the 

Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry 

out its responsibilities under this section or the ability of the 

families of passengers involved in the accident to have contact 

with one another. 

(2) UNSOLICITED COMMUNICATIONS.—No unsolicited communication concerning a potential action for personal injury or 

wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) 

or any potential party to the litigation to an individual (other 

than an employee of the rail passenger carrier) injured in the 

accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident. 

(3) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH

AND COUNSELING SERVICES.—No State or political subdivision 

may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from 

providing mental health and counseling services under subsection (c)(1) in the 30-day period beginning on the date of the 

accident. The director of family support services designated for 

the accident under subsection (a)(1) may extend such period for 

not to exceed an additional 30 days if the director determines 

that the extension is necessary to meet the needs of the families 

and if State and local authorities are notified of the determination. 

(h) DEFINITIONS.—In this section, the following definitions apply: 

(1) RAIL PASSENGER ACCIDENT.—The term ‘‘rail passenger accident’’ means any rail passenger disaster occurring in the provision of—

(A) interstate intercity rail passenger transportation (as 

such term is defined in section 24102); or 

(B) interstate or intrastate high-speed rail (as such term 

is defined in section 26105) transportation, 

regardless of its cause or suspected cause. 

(2) RAIL PASSENGER CARRIER.—The term ‘‘rail passenger carrier’’ means a rail carrier providing—

(A) interstate intercity rail passenger transportation (as 

such term is defined in section 24102); or 

(B) interstate or intrastate high-speed rail (as such term 

is defined in section 26105) transportation, 

except that such term shall not include a tourist, historic, scenic, or excursion rail carrier. 

(3) PASSENGER.—The term ‘‘passenger’’ includes— (A) an employee of a rail passenger carrier aboard a 

train; 

(B) any other person aboard the train without regard to 

whether the person paid for the transportation, occupied a 

seat, or held a reservation for the rail transportation; and 


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(C) any other person injured or killed in the accident. 

(i) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers 

involved in a rail passenger accident. 

(j) RELINQUISHMENT OF INVESTIGATIVE PRIORITY.— (1) GENERAL RULE.—This section (other than subsection (g)) 

shall not apply to a railroad accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and 

the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident. 

(2) BOARD ASSISTANCE.—If this section does not apply to a 

railroad accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, 

to the maximum extent possible, the agency to which the Board 

has relinquished investigative priority in assisting families with 

respect to the accident. 

* * * * * * * 

SUBTITLE V—RAIL PROGRAMS 

PART A—SAFETY 

CHAPTER Sec. 

201. GENERAL ....................................................................... 20101 

* * * * * * * 

PART C—PASSENGER TRANSPORTATION 

241. GENERAL ....................................................................... 24101 

* * * * * * * 

251. FAMILY ASSISTANCE .................................................. 25101 

* * * * * * * 

PART A—SAFETY 

* * * * * * * 

CHAPTER 201—GENERAL 

SUBCHAPTER I—GENERAL 

Sec 

20101. Purpose. 

* * * * * * * 

20116. Rulemaking process. 

* * * * * * * 

20118. Enforcement transparency. 

SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY 

* * * * * * * 

ø20151. Railroad trespassing and vandalism prevention strategy.¿ 

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

* * * * * * * 

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

20157. National crossing inventory. 


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20158. Warning in nonsignaled territory. 

20159. Track safety. 

20160. Certification of conductors. 

20161. Minimum training standards. 

20162. Prompt medical attention. 

20163. Emergency escape breathing apparatus. 

20164. Certification of carmen. 

20165. Fostering introduction of new technology to improve safety at highway-rail 

grade crossings. 

* * * * * * * 

SUBCHAPTER I—GENERAL 

* * * * * * * 

§ 20104. Emergency authority 

(a) ORDERING RESTRICTIONS AND PROHIBITIONS.—(1) If, through 

testing, inspection, investigation, or research carried out under this 

chapter, the Secretary of Transportation decides that an unsafe 

condition or practice, or a combination of unsafe conditions and 

practices, causes an emergency situation involving a hazard of 

ødeath or personal injury¿ death, personal injury, or significant 

harm to the environment, the Secretary immediately may order restrictions and prohibitions, without regard to section 20103(e) of 

this title, that may be necessary to abate the situation. 

* * * * * * * 

§ 20106. National uniformity of regulation 

(a) IN GENERAL.—Laws, regulations, and orders related to railroad safety and laws, regulations, and orders related to railroad security shall be nationally uniform to the extent practicable. A State 

may adopt or continue in force a law, regulation, or order related 

to railroad safety or security until the Secretary of Transportation 

(with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), prescribes 

a regulation or issues an order covering the subject matter of the 

State requirement. A State may adopt or continue in force an additional or more stringent law, regulation, or order related to railroad 

safety or security when the law, regulation, or order—

(1) * * * 

* * * * * * * 

(b) CLARIFICATIONS REGARDING STATE LAW CAUSES OF ACTION.— (1) IN GENERAL.—Nothing in this section shall be construed 

to preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party 

has violated the Federal standard of care established by a regulation or order issued by the Secretary of Transportation (with 

respect to railroad safety matters), or the Secretary of Homeland Security (with respect to the railroad security matters) covering the subject matter as provided in subsection (a) of this 

section. This includes actions under State law for a party’s violation of or failure to adequately comply with its own plan, 

rule, or standard that it created pursuant to a regulation or 

order issued by either of the Secretaries or for a party’s failure 

to adequately comply with a law, regulation, or order issued by 

either of the Secretaries. Actions under State law for a violation 


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of a State law, regulation, or order that is not inconsistent with 

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

(2) RETROACTIVITY.—This subsection shall apply to all pending State law causes of action arising from events or activities 

occurring on or after January 18, 2002. 

§ 20107. Inspection and investigation 

(a) * * * 

* * * * * * * 

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

under this part and under chapter 51, the Secretary may authorize officers, employees, or agents of the Secretary to conduct 

the following activities in circumstances the Secretary finds to 

be reasonable: 

(A) Intercepting a radio communication, with or without 

the consent of the sender or other receivers of the communication, but only where such communication is broadcast 

or transmitted over a radio frequency which is— (i) authorized for use by one or more railroad carriers by the Federal Communications Commission; and 

(ii) primarily used by such railroad carriers for communications in connection with railroad operations. 

(B) Communicating the existence, contents, substance, 

purport, effect, or meaning of the communication, subject to 

the restrictions in paragraph (3). 

(C) Receiving or assisting in receiving the communication 

(or any information therein contained). 

(D) Disclosing the contents, substance, purport, effect, or 

meaning of the communication (or any part thereof of such 

communication) or using the communication (or any information contained therein), subject to the restrictions in 

paragraph (3), after having received the communication or 

acquired knowledge of the contents, substance, purport, effect, or meaning of the communication (or any part thereof). 

(E) Recording the communication by any means, including writing and tape recording. 

(2) ACCIDENT PREVENTION AND ACCIDENT INVESTIGATION.— The Secretary, and officers, employees, and agents of the Department of Transportation authorized by the Secretary, may 

engage in the activities authorized by paragraph (1) for the purpose of accident prevention and accident investigation. 

(3) USE OF INFORMATION.—(A) Information obtained through 

activities authorized by paragraphs (1) and (2) shall not be admitted into evidence in any administrative or judicial proceeding except— (i) in a prosecution of a felony under Federal or State 

criminal law; or 

(ii) to impeach evidence offered by a party other than the 

Federal Government regarding the existence, electronic 

characteristics, content, substance, purport, effect, meaning, 

or timing of, or identity of parties to, a communication 

intercepted pursuant to paragraphs (1) and (2) in proceedings pursuant to section 5122, 5123, 20702(b), 20111, 

20112, 20113, or 20114 of this title. 


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(B) If information obtained through activities set forth in 

paragraphs (1) and (2) is admitted into evidence for impeachment purposes in accordance with subparagraph (A), the court, 

administrative law judge, or other officer before whom the proceeding is conducted may make such protective orders regarding the confidentiality or use of the information as may be appropriate in the circumstances to protect privacy and administer justice. 

(C) No evidence shall be excluded in an administrative or judicial proceeding solely because the government would not have 

learned of the existence of or obtained such evidence but for the 

interception of information that is not admissible in such proceeding under subparagraph (A). 

(D) Information obtained through activities set forth in paragraphs (1) and (2) shall not be subject to publication or disclosure, or search or review in connection therewith, under section 

552 of title 5. 

(E) Nothing in this subsection shall be construed to impair or 

otherwise affect the authority of the United States to intercept 

a communication, and collect, retain, analyze, use, and disseminate the information obtained thereby, under a provision of law 

other than this subsection. 

(4) APPLICATION WITH OTHER LAW.—Section 705 of the Communications Act of 1934 (47 U.S.C. 605) and chapter 119 of 

title 18 shall not apply to conduct authorized by and pursuant 

to this subsection. 

* * * * * * * 

ø§ 20109. Employee protections 

ø(a) FILING COMPLAINTS AND TESTIFYING.—A railroad carrier engaged in interstate or foreign commerce may not discharge or in 

any way discriminate against an employee because the employee, 

whether acting for the employee or as a representative, has—

ø(1) filed a complaint or brought or caused to be brought a 

proceeding related to the enforcement of this part or, as applicable to railroad safety, chapter 51 or 57 of this title; or 

ø(2) testified or will testify in that proceeding. 

ø(b) REFUSING TO WORK BECAUSE OF HAZARDOUS CONDITIONS.—

(1) A railroad carrier engaged in interstate or foreign commerce 

may not discharge or in any way discriminate against an employee 

for refusing to work when confronted by a hazardous condition related to the performance of the employee’s duties, if—

ø(A) the refusal is made in good faith and no reasonable alternative to the refusal is available to the employee; 

ø(B) a reasonable individual in the circumstances then confronting the employee would conclude that—

ø(i) the hazardous condition presents an imminent danger of death or serious injury; and 

ø(ii) the urgency of the situation does not allow sufficient 

time to eliminate the danger through regular statutory 

means; and 

ø(C) the employee, where possible, has notified the carrier of 

the hazardous condition and the intention not to perform further work unless the condition is corrected immediately. 


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ø(2) This subsection does not apply to security personnel employed by a carrier to protect individuals and property transported 

by railroad. 

ø(c) DISPUTE RESOLUTION.—A dispute, grievance, or claim arising 

under this section is subject to resolution under section 3 of the 

Railway Labor Act (45 U.S.C. 153). In a proceeding by the National 

Railroad Adjustment Board, a division or delegate of the Board, or 

another board of adjustment established under section 3 to resolve 

the dispute, grievance, or claim, the proceeding shall be expedited 

and the dispute, grievance, or claim shall be resolved not later than 

180 days after it is filed. If the violation is a form of discrimination 

that does not involve discharge, suspension, or another action affecting pay, and no other remedy is available under this subsection, 

the Board, division, delegate, or other board of adjustment may 

award the employee reasonable damages, including punitive damages, of not more than $20,000. 

ø(d) ELECTION OF REMEDIES.—An employee of a railroad carrier 

may not seek protection under both this section and another provision of law for the same allegedly unlawful act of the carrier. 

ø(e) DISCLOSURE OF IDENTITY.—(1) Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the Secretary of Transportation may not disclose the name 

of an employee of a railroad carrier who has provided information 

about an alleged violation of this part or, as applicable to railroad 

safety, chapter 51 or 57 of this title or a regulation prescribed or 

order issued under any of those provisions. 

ø(2) The Secretary shall disclose to the Attorney General the 

name of an employee described in paragraph (1) of this subsection 

if the matter is referred to the Attorney General for enforcement.¿ 

§ 20109. Employee protections 

(a) PROTECTED ACTIONS.—A railroad carrier engaged in interstate or foreign commerce, and an officer or employee of such a railroad carrier, shall not by threat, intimidation, or otherwise attempt 

to prevent an employee from, or discharge, discipline, or in any way 

discriminate against an employee for— (1) filing a complaint or bringing or causing to be brought a 

proceeding related to the enforcement of this part or, as applicable to railroad safety, chapter 51 or 57 of this title; 

(2) testifying in a proceeding described in paragraph (1); 

(3) notifying, or attempting to notify, the railroad carrier or 

the Secretary of Transportation of a work-related personal injury or work-related illness of an employee; 

(4) cooperating with a safety investigation by the Secretary of 

Transportation or the National Transportation Safety Board; 

(5) furnishing information to the Secretary of Transportation, 

the National Transportation Safety Board, or any other public 

official as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with railroad transportation; or 

(6) accurately reporting hours of duty pursuant to chapter 

211. 

(b) HAZARDOUS CONDITIONS.—(1) A railroad carrier engaged in 

interstate or foreign commerce, and an officer or employee of such 

a railroad carrier, shall not by threat, intimidation, or otherwise atVerDate Aug 31 2005 04:25 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00071 Fmt 6659 Sfmt 6603 E:\HR\OC\HR336.XXX HR336

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tempt to prevent an employee from, or discharge, discipline, or in 

any way discriminate against an employee for— (A) reporting a hazardous condition; 

(B) refusing to work when confronted by a hazardous condition related to the performance of the employee’s duties, if the 

conditions described in paragraph (2) exist; or 

(C) refusing to authorize the use of any safety-related equipment, track, or structures, if the employee is responsible for the 

inspection or repair of the equipment, track, or structures, when 

the employee believes that the equipment, track, or structures 

are in a hazardous condition, if the conditions described in 

paragraph (2) exist. 

(2) A refusal is protected under paragraph (1)(B) and (C) if— (A) the refusal is made in good faith and no reasonable alternative to the refusal is available to the employee; 

(B) the employee reasonably concludes that— (i) the hazardous condition presents an imminent danger 

of death or serious injury; and 

(ii) the urgency of the situation does not allow sufficient 

time to eliminate the danger without such refusal; and 

(C) the employee, where possible, has notified the carrier of 

the existence of the hazardous condition and the intention not 

to perform further work, or not to authorize the use of the hazardous equipment, track, or structures, unless the condition is 

corrected immediately or the equipment, track, or structures are 

repaired properly or replaced. 

(3) This subsection does not apply to security personnel employed 

by a railroad carrier to protect individuals and property transported 

by railroad. 

(c) ENFORCEMENT ACTION.—

(1) IN GENERAL.—An employee who alleges discharge or other 

discrimination by any person in violation of subsection (a) may 

seek relief in accordance with the provisions of this section, with 

any petition or other request for relief under this section to be 

initiated by filing a complaint with the Secretary of Labor. 

(2) PROCEDURE.— (A) IN GENERAL.—An action under this section shall be 

governed under the rules and procedures set forth in section 

42121(b). 

(B) EXCEPTION.—Notification made under section 

42121(b)(1) shall be made to the person named in the complaint and to the person’s employer. 

(C) BURDENS OF PROOF.—An action brought under this 

section shall be governed by the legal burdens of proof set 

forth in section 42121(b). 

(D) STATUTE OF LIMITATIONS.—An action under this section shall be commenced not later than 1 year after the 

date on which the violation occurs. 

(3) DE NOVO REVIEW.—If the Secretary of Labor has not 

issued a final decision within 180 days after the filing of the 

complaint (or, in the event that a final order or decision is 

issued by the Secretary of Labor, whether within the 180-day 

period or thereafter, then, not later than 90 days after such an 

order or decision is issued), the employee may bring an original 

action at law or equity for de novo review in the appropriate 


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district court of the United States, which shall have jurisdiction 

over such an action without regard to the amount in controversy, and which action shall, at the request of either party 

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

(d) REMEDIES.— (1) IN GENERAL.—An employee prevailing in any action under 

this section shall be entitled to all relief necessary to make the 

covered individual whole. 

(2) DAMAGES.—Relief in an action under this section shall include—

(A) reinstatement with the same seniority status that the 

covered individual would have had, but for the discrimination; 

(B) the amount of any back pay, with interest; and 

(C) compensation for any special damages sustained as a 

result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. 

(3) POSSIBLE RELIEF.—Relief may also include punitive damages in an amount not to exceed 10 times the amount of any 

compensatory damages awarded under this section. 

(e) CRIMINAL PENALTIES.— (1) IN GENERAL.—It shall be unlawful for any railroad carrier 

to commit an act prohibited by subsection (a). Any person who 

willfully violates this section by terminating or retaliating 

against any such covered individual who makes a claim under 

this section shall be fined under title 18, United States Code, 

imprisoned not more than 1 year, or both. 

(2) REPORTING REQUIREMENT.— (A) IN GENERAL.—The Attorney General shall submit to 

the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate an annual report 

on the enforcement of paragraph (1). 

(B) CONTENTS.—Each such report shall— (i) identify each case in which formal charges under 

paragraph (1) were brought; 

(ii) describe the status or disposition of each such 

case; and 

(iii) in any actions under subsection (c)(1) in which 

the employee was the prevailing party or the substantially prevailing party, indicate whether or not any formal charges under paragraph (1) of this subsection 

have been brought and, if not, the reasons therefor. 

(f) NO PREEMPTION.—Nothing in this section preempts or diminishes any other safeguards against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or 

any other manner of discrimination provided by Federal or State 

law. 

(g) RIGHTS RETAINED BY COVERED INDIVIDUAL.—Nothing in this 

section shall be deemed to diminish the rights, privileges, or remedies of any covered individual under any Federal or State law or 

under any collective bargaining agreement. The rights and remedies 

in this section may not be waived by any agreement, policy, form, 

or condition of employment. 

* * * * * * * 


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§ 20112. Enforcement by the Attorney General 

(a) CIVIL ACTIONS.—At the request of the Secretary of Transportation, the Attorney General may bring a civil action in a district 

court of the United States—

(1) to enjoin a violation of, or to enforce, this part or a railroad safety regulation prescribed or order issued by the Secretary; 

(2) to collect a civil penalty imposed or an amount agreed on 

in compromise under section ø21301¿ 21301, 21302, or 21303 

of this title; or 

(3) to enforce a øsubpena¿ subpoena, request for admissions, 

request for production of documents or other tangible things, or 

request for testimony by deposition issued by the Secretary 

under this øchapter.¿ part. 

* * * * * * * 

§ 20116. Rulemaking process 

No rule or order issued by the Secretary under this part shall be 

effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that 

is not an agency of the Federal Government, unless that reference 

is to a particular code, rule, standard, requirement, or practice 

adopted before the date on which the rule is issued by the Secretary, 

and unless the date on which the code, rule, standard, requirement, 

or practice was adopted is specifically cited in the rule. 

§ 20117. Authorization of appropriations 

ø(a) GENERAL.—(1) Not more than the following amounts may be 

appropriated to the Secretary of Transportation to carry out this 

chapter: 

ø(A) $68,283,000 for the fiscal year ending September 30, 

1993. 

ø(B) $71,690,000 for the fiscal year ending September 30, 

1994. 

ø(C) $68,289,000 for fiscal year 1995. 

ø(D) $75,112,000 for fiscal year 1996. 

ø(E) $82,563,000 for fiscal year 1997. 

ø(F) $90,739,000 for fiscal year 1998. 

ø(2) Not more than $5,000,000 may be appropriated to the Secretary for the fiscal year ending September 30, 1993, to carry out 

section 20105 of this title.¿ 

(a) IN GENERAL.—(1) There are authorized to be appropriated to 

the Secretary of Transportation to carry out this part and to carry 

out responsibilities under chapter 51 as delegated or authorized by 

the Secretary—

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

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

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

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

(2) With amounts appropriated pursuant to paragraph (1), the 

Secretary shall purchase 6 Gage Restraint Measurement System vehicles and 5 track geometry vehicles to enable the deployment of 1 

Gage Restraint Measurement System vehicle and 1 track geometry 

vehicle in each region. 


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(3) There are authorized to be appropriated to the Secretary $18,000,000 for the period encompassing fiscal years 2008 through 

2011 to design, develop, and construct the Facility for Underground 

Rail Station and Tunnel at the Transportation Technology Center 

in Pueblo, Colorado. The facility shall be used to test and evaluate 

the vulnerabilities of above-ground and underground rail tunnels to 

prevent accidents and incidents in such tunnels, to mitigate and remediate the consequences of any such accidents or incidents, and to 

provide a realistic scenario for training emergency responders. 

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

pursuant to paragraph (1) for each of the fiscal years 2008 through 

2011 shall be made available to the Secretary for personnel in regional offices and in Washington, D.C., whose duties primarily involve rail security. 

* * * * * * * 

§ 20118. Enforcement transparency 

(a) IN GENERAL.—Not later than December 31, 2007, the Secretary of Transportation shall—

(1) provide a monthly updated summary to the public of all 

railroad enforcement actions taken by the Secretary or the Federal Railroad Safety Administration, from the time a notice 

commencing an enforcement action is issued until the enforcement action is final; 

(2) include in each such summary identification of the railroad carrier or person involved in the enforcement activity, the 

type of alleged violation, the penalty or penalties proposed, any 

changes in case status since the previous summary, the final assessment amount of each penalty, and the reasons for a reduction in the proposed penalty, if appropriate; and 

(3) provide a mechanism by which a railroad carrier or person named in an enforcement action may make information, explanations, or documents it believes are responsive to the enforcement action available to the public. 

(b) ELECTRONIC AVAILABILITY.—Each summary under this section 

shall be made available to the public by electronic means. 

(c) RELATIONSHIP TO FOIA.—Nothing in this section shall be construed to require disclosure of information or records that are exempt from disclosure under section 552 of title 5. 

SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY 

* * * * * * * 

§ 20134. Grade crossings and railroad rights of way 

(a) GENERAL.—To the extent practicable, the Secretary of Transportation shall maintain a coordinated effort to develop and carry 

out solutions to the railroad grade crossing problem and measures 

to protect pedestrians in densely populated areas along railroad 

rights of way. To carry out this subsection, the Secretary may use 

the authority of the Secretary under this chapter and over highway, traffic, and motor vehicle safety and over highway construction. The Secretary may purchase promotional items of nominal 

value and distribute them to the public without charge as part of 

an educational or awareness program to accomplish the purposes of 


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this section and of any other sections of this title related to improving the safety of highway-rail crossings and to prevent trespass on 

railroad rights of way, and the Secretary shall prescribe guidelines 

for the administration of this authority. 

* * * * * * * 

ø§ 20151. Railroad trespassing and vandalism prevention 

strategy¿ 

§ 20151. Railroad trespassing, vandalism, and signal violation prevention strategy 

(a) EVALUATION OF EXISTING LAWS.—In consultation with affected parties, the Secretary of Transportation shall evaluate and 

review current local, State, and Federal laws regarding trespassing 

on railroad property øand vandalism affecting railroad safety¿, 

vandalism affecting railroad safety, and violations of grade crossing 

signals, and develop model prevention strategies and enforcement 

laws to be used for the consideration of State and local legislatures 

and governmental entities. The first such evaluation and review, 

concerning trespassing and vandalism, shall be completed within 1 

year after November 2, 1994. The second such evaluation and review, concerning violations of grade crossing signals, shall be completed before April 1, 2008. The Secretary shall revise such model 

prevention strategies and enforcement codes periodically. 

(b) OUTREACH PROGRAM FOR TRESPASSING AND VANDALISM PREVENTION.—The Secretary shall develop and maintain a comprehensive outreach program to improve communications among Federal 

railroad safety inspectors, State inspectors certified by the Federal 

Railroad Administration, railroad police, and State and local law 

enforcement officers, for the purpose of addressing trespassing and 

vandalism problems on railroad property, and strengthening relevant enforcement strategies. This program shall be designed to increase public and police awareness of the illegality of, dangers inherent in, and the extent of, trespassing on railroad rights-of-way, 

to develop strategies to improve the prevention of trespassing and 

vandalism, and to improve the enforcement of laws relating to railroad trespass, vandalism, and safety. 

(c) MODEL LEGISLATION.—(1) Within 18 months after November 

2, 1994, the Secretary, after consultation with State and local governments and railroad carriers, shall develop and make available 

to State and local governments model State legislation providing 

for—

ø(1)¿ (A) civil or criminal penalties, or both, for vandalism of 

railroad equipment or property which could affect the safety of 

the public or of railroad employees; and 

ø(2)¿ (B) civil or criminal penalties, or both, for trespassing 

on a railroad owned or leased right-of-way. 

(2) Within 18 months after the date of enactment of the Federal 

Railroad Safety Improvement Act of 2007, the Secretary, after consultation with State and local governments, railroad carriers, and 

rail labor organizations, shall develop and make available to State 

and local governments model State legislation providing for civil or 

criminal penalties, or both, for violations of grade crossing signals. 


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

of grade crossing signals’’ includes any action by a motorist, unless 

directed by an authorized safety officer—

(1) to drive around a grade crossing gate in a position intended to block passage over railroad tracks; 

(2) to drive through a flashing grade crossing signal; 

(3) to drive through a grade crossing with passive warning 

signs without ensuring that the grade crossing could be safely 

crossed before any train arrived; and 

(4) in the vicinity of a grade crossing, that creates a hazard 

of an accident involving injury or property damage at the grade 

crossing. 

ø§ 20152. Emergency notification of grade crossing problems 

ø(a) PILOT PROGRAMS.—The Secretary of Transportation shall 

conduct a pilot program to demonstrate an emergency notification 

system utilizing a toll free telephone number that the public can 

use to convey to railroad carriers, either directly or through public 

safety personnel, information about malfunctions or other safety 

problems at railroad-highway grade crossings. The pilot program, 

at a minimum—

ø(1) shall include railroad-highway grade crossings in at 

least 2 States; 

ø(2) shall include provisions for public education and awareness of the program; and 

ø(3) shall require information to be posted at the railroadhighway grade crossing describing the emergency notification 

system and instructions on how to use the system. 

The Secretary may, by grant, provide funding for the expense of information signs and public awareness campaigns necessary to demonstrate the notification system. 

ø(b) REPORT.—The Secretary shall complete the pilot program 

not later than 24 months after November 2, 1994, and shall submit 

to the Congress not later than 30 months after November 2, 1994, 

an evaluation of the pilot program, together with findings as to the 

effectiveness of such emergency notification systems. The report 

shall compare and contrast the structure, cost, and effectiveness of 

the pilot program with other emergency notification systems in effect within other States. Such evaluation shall include analyses of 

the safety benefits derived from the programs, cost effectiveness, 

and the burdens on participants, including railroad carriers and 

law enforcement personnel.¿ 

§ 20152. Emergency notification of grade crossing problems 

Not later than 18 months after the date of enactment of the Federal Railroad Safety Improvement Act of 2007, the Secretary of 

Transportation shall require each railroad carrier to—

(1) establish and maintain a toll-free telephone service, for 

rights-of-way over which it dispatches trains, to directly receive 

calls reporting—

(A) malfunctions of signals, crossing gates, and other devices to promote safety at the grade crossing of railroad 

tracks on those rights-of-way and public or private roads; 

and 


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(B) disabled vehicles blocking railroad tracks at such 

grade crossings; 

(2) upon receiving a report of a malfunction or disabled vehicle pursuant to paragraph (1), immediately contact trains operating near the grade crossing to warn them of the malfunction 

or disabled vehicle; 

(3) upon receiving a report of a malfunction or disabled vehicle pursuant to paragraph (1), and after contacting trains pursuant to paragraph (2), contact, as necessary, appropriate public safety officials having jurisdiction over the grade crossing to 

provide them with the information necessary for them to direct 

traffic, assist in the removal of the disabled vehicle, or carry out 

other activities appropriate to responding to the hazardous circumstance; and 

(4) ensure the placement at each grade crossing on rights-ofway that it owns of appropriately located signs, on which shall 

appear, at a minimum— (A) a toll-free telephone number to be used for placing 

calls described in paragraph (1) to the railroad carrier dispatching trains on that right-of-way; 

(B) an explanation of the purpose of that toll-free number 

as described in paragraph (1); and 

(C) the grade crossing number assigned for that crossing 

by the National Highway-Rail Crossing Inventory established by the Department of Transportation. 

The Secretary of Transportation shall implement this section 

through appropriate regulations. 

* * * * * * * 

§ 20156. Roadway user sight distance at highway-rail grade 

crossings 

(a) IN GENERAL.—Not later than 18 months after the date of enactment of the Federal Railroad Safety Improvement Act of 2007, 

the Secretary of Transportation shall prescribe regulations that require each railroad carrier to remove from its rights-of-way at all 

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

grade crossings open to unrestricted public access (as declared in 

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

trees, and other vegetation which may obstruct the view of a pedestrian or a vehicle operator for a reasonable distance in either direction of the train’s approach, and to maintain its rights-of-way at all 

such crossings free of such vegetation. In prescribing the regulations, the Secretary shall take into consideration to the extent practicable—

(1) the type of warning device or warning devices installed at 

the crossing; 

(2) factors affecting the timeliness and effectiveness of roadway user decisionmaking, including the maximum allowable 

roadway speed, maximum authorized train speed, angle of 

intersection, and topography; 

(3) the presence or absence of other sight distance obstructions 

off the railroad right-of-way; and 

(4) any other factors affecting safety at such crossings. 

(b) PROTECTED VEGETATION.—In promulgating regulations pursuant to this section, the Secretary may make allowance for preservaVerDate Aug 31 2005 04:25 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00078 Fmt 6659 Sfmt 6603 E:\HR\OC\HR336.XXX HR336

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tion of trees and other ornamental or protective growth where State 

or local law or policy would otherwise protect the vegetation from 

removal and where the roadway authority or private crossing holder 

is notified of the sight distance obstruction and, within a reasonable 

period specified by the regulation, takes appropriate temporary and 

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

closing the crossing, posting supplementary signage, installing active warning devices, lowering roadway speed, or installing traffic 

calming devices). 

(c) NO PREEMPTION.—Notwithstanding section 20106, subsections 

(a) and (b) of this section do not prohibit a State from continuing 

in force, or from enacting, a law, regulation, or order requiring the 

removal of obstructive vegetation from a railroad right-of-way for 

safety reasons that is more stringent than the requirements of the 

regulations prescribed pursuant to this section. 

(d) MODEL LEGISLATION.—Not later than 18 months after the 

date of enactment of the Federal Railroad Safety Improvement Act 

of 2007, the Secretary, after consultation with the Federal Railroad 

Safety Administration, the Federal Highway Administration, and 

States, shall develop and make available to States model legislation 

providing for improving safety by addressing sight obstructions, at 

highway-rail grade crossings that are equipped solely with passive 

warnings, such as permanent structures, temporary structures, and 

standing railroad equipment, as recommended by the Inspector 

General of the Department of Transportation in Report No. MH–

2007–044. 

§ 20157. National crossing inventory 

(a) INITIAL REPORTING OF INFORMATION ABOUT PREVIOUSLY UN- REPORTED CROSSINGS.—Not later than 1 year after the date of enactment of the Federal Railroad Safety Improvement Act of 2007 or 

6 months after a new crossing becomes operational, whichever occurs later, each railroad carrier shall— (1) report to the Secretary of Transportation current information, including information about warning devices and signage, 

as specified by the Secretary, concerning each previously unreported crossing through which it operates; or 

(2) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the 

crossing. 

(b) UPDATING OF CROSSING INFORMATION.—(1) On a periodic 

basis beginning not later than 3 years after the date of enactment 

of the Federal Railroad Safety Improvement Act of 2007 and on or 

before September 30 of every third year thereafter, or as otherwise 

specified by the Secretary, each railroad carrier shall—

(A) report to the Secretary current information, including information about warning devices and signage, as specified by 

the Secretary, concerning each crossing through which it operates; or 

(B) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the 

crossing. 

(2) A railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the Federal Railroad Safety 

Improvement Act of 2007 shall, not later than the date that is 18 


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months after the date of enactment of that Act or 3 months after the 

sale, whichever occurs later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by 

the Secretary, concerning the change in ownership of the crossing or 

part of the crossing. 

(c) RULEMAKING AUTHORITY.—The Secretary shall prescribe the 

regulations necessary to implement this section. The Secretary may 

enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instruction for States and railroads that is in effect on 

the date of enactment of the Federal Railroad Safety Improvement 

Act of 2007, until such provision is superseded by a regulation 

issued under this section. 

(d) DEFINITIONS.—In this section: 

(1) CROSSING.—The term ‘‘crossing’’ means a location within 

a State, other than a location where one or more railroad tracks 

cross one or more railroad tracks either at grade or grade-separated, where—

(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 

one or more railroad tracks either at grade or grade-separated; or 

(B) a pathway dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not 

associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at 

grade or grade-separated. 

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

States, the District of Columbia, or the Commonwealth of Puerto Rico. 

§ 20158. Warning in nonsignaled territory 

Not later than 12 months after the date of enactment of the Federal Railroad Safety Improvement Act of 2007, the Secretary of 

Transportation shall prescribe regulations that require railroads, 

with respect to main lines in nonsignaled territory without a train 

speed enforcement system that would stop a train in advance of a 

misaligned switch, to either—

(1) install an automatically activated device, in addition to 

the switch banner, that will, visually or electronically, compellingly capture the attention of the employees involved with 

switch operations and clearly convey the status of the switch 

both in daylight and darkness; or 

(2) operate trains at speeds that will allow them to be safely 

stopped in advance of misaligned switches. 

§ 20159. Track safety 

(a) RAIL INTEGRITY.—Not later than 12 months after the date of 

enactment of the Federal Railroad Safety Improvement Act of 2007, 

the Secretary of Transportation shall prescribe regulations to require railroad carriers to manage the rail in their tracks so as to 

minimize accidents due to internal rail flaws. The regulations shall, 

at a minimum—


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(1) require railroad carriers to conduct ultrasonic or other appropriate inspections to ensure that rail used to replace defective segments of existing rail is free from internal defects; 

(2) require railroad carriers to perform rail integrity inspections to manage an annual service failure rate of less than .1 

per track mile on high-risk corridors such as those that have 

significant movements of hazardous materials or where commuter and intercity passenger railroads operate; and 

(3) encourage railroad carrier use of advanced rail defect inspection equipment and similar technologies as part of a comprehensive rail inspection program. 

(b) CONCRETE CROSSTIES.—Not later than 18 months after the 

date of enactment of the Federal Railroad Safety Improvement Act 

of 2007, the Secretary shall develop and implement regulations for 

all classes of track for concrete crossties that address, at a minimum—

(1) limits for rail seat abrasion; 

(2) concrete crosstie pad wear limits; 

(3) missing or broken rail fasteners; 

(4) loss of appropriate toeload pressure; 

(5) improper fastener configurations; and 

(6) excessive lateral rail movement. 

§ 20160. Certification of conductors 

(a) REGULATIONS.—Not later than 18 months after the date of enactment of the Federal Railroad Safety Improvement Act of 2007, 

the Secretary of Transportation shall prescribe regulations and 

issue orders to establish a program requiring the certification of 

train conductors. In prescribing such regulations, the Secretary 

shall require that conductors on passenger trains be trained in security, first aid, and emergency preparedness. 

(b) PROGRAM DESIGN.—The program established under this section shall be designed based on the requirements of section 20135(b) 

through (e). 

§ 20161. Minimum training standards 

The Secretary of Transportation shall, not later than 180 days 

after the date of enactment of the Federal Railroad Safety Improvement Act of 2007, establish— (1) minimum training standards for each class and craft of 

railroad employees, which shall require railroad carriers to 

qualify or otherwise document the proficiency of their employees 

in each class and craft regarding their knowledge of, and ability to comply with, Federal railroad safety laws and regulations 

and railroad carrier rules and procedures promulgated to implement those Federal railroad safety laws and regulations; 

(2) a requirement for railroad carriers to submit their training and qualification programs to the Federal Railroad Safety 

Administration for approval; and 

(3) a minimum training curriculum, and ongoing training 

criteria, testing, and skills evaluation measures to ensure that 

railroad employees charged with the inspection of track or railroad equipment are qualified to assess railroad compliance 

with Federal standards to identify defective conditions and initiate immediate remedial action to correct critical safety defects 


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that are known to contribute to derailments, accidents, or injury. In implementing the requirements of this paragraph, the 

Secretary shall take into consideration existing training programs of railroad carriers. 

§ 20162. Prompt medical attention 

(a) PROHIBITION.—A railroad or person covered under this title 

shall not deny, delay, or interfere with the medical or first aid treatment of an employee who is injured during the course of employment. If transportation to a hospital is requested by an employee 

who is injured during the course of employment, the railroad shall 

promptly arrange to have the injured employee transported to the 

nearest medically appropriate hospital. 

(b) DISCIPLINE.—A railroad or person covered under this title 

shall not discipline, or threaten discipline to, an employee for requesting medical or first aid treatment, or for following orders or 

a treatment plan of a treating physician. For purposes of this subsection, discipline means to bring charges against a person in a disciplinary proceeding, suspend, terminate, place on probation, or 

make note of reprimand on an employee’s record. 

§ 20163. Emergency escape breathing apparatus 

Not later than 18 months after the date of enactment of the Federal Railroad Safety Improvement Act of 2007, the Secretary of 

Transportation shall prescribe regulations that require railroads 

to—

(1) provide emergency escape breathing apparatus for all 

crewmembers on freight trains carrying hazardous materials 

that would pose an inhalation hazard in the event of release; 

and 

(2) provide their crewmembers with appropriate training for 

using the breathing apparatus. 

§ 20164. Certification of carmen 

(a) REGULATIONS.—Not later than 18 months after the date of enactment of the Federal Railroad Safety Improvement Act of 2007, 

the Secretary of Transportation shall prescribe regulations and 

issue orders to establish a program requiring the certification of carmen, including all employees performing mechanical inspections, 

brake system inspections, or maintenance on freight and passenger 

rail cars. 

(b) PROGRAM DESIGN.—The program established under this section shall be designed by the Secretary of Transportation based on 

the requirements of parts 215, 221, 231, 232, and 238 of title 49 of 

the Code of Federal Regulations. 

§ 20165. Fostering introduction of new technology to improve 

safety at highway-rail grade crossings 

(a) FINDINGS.—(1) Collisions between highway users and trains at 

highway-rail grade crossings continue to cause an unacceptable loss 

of life and serious personal injury and also threaten the safety of 

rail transportation. 

(2) While elimination of at-grade crossings through consolidation 

of crossings and grade separations offers the greatest long-term 

promise for optimizing the safety and efficiency of the two modes of 


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transportation, over 140,000 public grade crossings remain on the 

general rail system—approximately one for each route mile on the 

general rail system. 

(3) Conventional highway traffic control devices such as flashing 

lights and gates are effective in warning motorists of a train’s approach to an equipped crossing. 

(4) Since enactment of the Highway Safety Act of 1973, over $4,200,000,000 of Federal funding has been invested in safety improvements at highway-rail grade crossings, yet a majority of public 

highway-rail grade crossings are not yet equipped with active warning systems. 

(5) The emergence of new technologies supporting Intelligent 

Transportation Systems presents opportunities for more effective 

and affordable warnings and safer passage of highway users and 

trains at remaining highway-rail grade crossings. 

(6) Implementation of new crossing safety technology will require 

extensive cooperation between highway authorities and railroad carriers. 

(7) Federal Railroad Safety Administration regulations establishing performance standards for processor-based signal and train 

control systems provide a suitable framework for qualification of 

new or novel technology at highway-rail grade crossings, and the 

Federal Highway Administration’s Manual on Uniform Traffic Control Devices provides an appropriate means of determining highway 

user interface with such new technology. 

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

development of new technology that can prevent loss of life and injuries at highway-rail grade crossings. The Secretary of Transportation is designated to carry out this policy in consultation with 

States and necessary public and private entities. 

* * * * * * * 

CHAPTER 211—HOURS OF SERVICE 

Sec 

21101. Definitions. 

* * * * * * * 

21109. Fatigue management plans. 

21110. Regulatory authority. 

* * * * * * * 

§ 21101. Definitions 

In this chapter—

(1) * * * 

* * * * * * * 

(4) ‘‘signal employee’’ means an individual øemployed by a 

railroad carrier¿ who is engaged in installing, repairing, or 

maintaining signal systems. 

* * * * * * * 

§ 21103. Limitations on duty hours of train employees 

ø(a) GENERAL.—Except as provided in subsection (c) of this section, a railroad carrier and its officers and agents may not require 

or allow a train employee to remain or go on duty—


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ø(1) unless that employee has had at least 8 consecutive 

hours off duty during the prior 24 hours; or 

ø(2) after that employee has been on duty for 12 consecutive 

hours, until that employee has had at least 10 consecutive 

hours off duty.¿ 

(a) GENERAL.—Except as provided in subsection (c) of this section, 

a railroad carrier and its officers and agents may not require or 

allow a train employee to remain or go on duty— (1) unless that employee has had at least 10 consecutive hours 

off duty during the prior 24 hours; 

(2) for a period in excess of 12 consecutive hours; or 

(3) unless that employee has had at least one period of at 

least 24 consecutive hours off duty in the past 7 consecutive 

days. 

The Secretary may waive paragraph (3) if a collective bargaining 

agreement provides a different arrangement and such arrangement 

provides an equivalent level of safety. 

(b) DETERMINING TIME ON DUTY.—In determining under subsection (a) of this section the time a train employee is on or off 

duty, the following rules apply: 

(1) * * * 

* * * * * * * 

ø(4) Time spent in deadhead transportation to a duty assignment is time on duty, but time spent in deadhead transportation from a duty assignment to the place of final release is 

neither time on duty nor time off duty.¿ 

(4)(A)(i) Except as provided in clauses (ii) and (iii), time spent 

in deadhead transportation to a duty assignment, time spent 

waiting for deadhead transportation, and time spent in 

deadhead transportation from a duty assignment to a place of 

final release is time on duty. 

(ii) Time spent waiting for deadhead transportation and time 

spent in deadhead transportation from a duty assignment to a 

place of final release is neither time on duty nor time off duty 

in situations involving delays in the operations of the railroad 

carrier, when the delays were caused by any of the following: 

(I) A casualty. 

(II) An accident. 

(III) A track obstruction. 

(IV) An act of God. 

(V) A weather event causing a delay. 

(VI) A snowstorm. 

(VII) A landslide. 

(VIII) A track or bridge washout. 

(IX) A derailment. 

(X) A major equipment failure which prevents a train 

from advancing. 

(XI) Other delay from a cause unknown or unforeseeable 

to a railroad carrier and its officers and agents in charge 

of the employee when the employee left a designated terminal. 

(iii) In addition to any time qualifying as neither on duty nor 

off duty under clause (ii), at the election of the railroad carrier, 

time spent waiting for deadhead transportation and time spent 

in deadhead transportation to the place of final release may be 


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treated as neither time on duty nor time off duty, subject to the 

following limitations: 

(I) Not more than 40 hours a month may be elected by 

the railroad carrier, for an employee, during the period 

from the date of enactment of the Federal Railroad Safety 

Improvement Act of 2007 to one year after such date of enactment. 

(II) Not more than 30 hours a month may be elected by 

the railroad carrier, for an employee, during the period beginning one year after the date of enactment of the Federal 

Railroad Safety Improvement Act of 2007 and ending two 

years after such date of enactment. 

(III) Not more than 10 hours a month may be elected by 

the railroad carrier, for an employee, during the period beginning two years after the date of enactment of the Federal 

Railroad Safety Improvement Act of 2007. 

(B) Each railroad carrier shall report to the Secretary of 

Transportation, in accordance with procedures contained in 49 

CFR 228.19, each instance within 30 days after the calendar 

month in which the instance occurs that a member of a train 

or engine crew or other employee engaged in or connected with 

the movement of any train, including a hostler, exceeds 12 consecutive hours, including—

(i) time on duty; and 

(ii) time spent waiting for deadhead transportation and 

the time spent in deadhead transportation from a duty assignment to the place of final release, that is not time on 

duty. 

(C) If—

(i) the time spent waiting for deadhead transportation, 

and the time spent in deadhead transportation from a duty 

assignment to the place of final release, that is not time on 

duty; plus 

(ii) the time on duty, 

exceeds 12 consecutive hours, the railroad carrier and its officers and agents shall provide the train employee with additional time off duty equal to the number of hours that such sum 

exceeds 12 hours. 

* * * * * * * 

(d) COMMUNICATION DURING TIME OFF DUTY.—During a train 

employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a), or during an interim period of at least 

4 consecutive hours available for rest under subsection (b)(7), a railroad carrier, and its managers, supervisors, officers, and agents, 

shall not communicate with the train employee by telephone, by 

pager, or in any other manner that could disrupt the employee’s 

rest. Nothing in this subsection shall prohibit communication necessary to notify an employee of an emergency situation posing potential risks to the employee’s safety or health. 

§ 21104. Limitations on duty hours of signal employees 

ø(a) GENERAL.—(1) In paragraph (2)(C) of this subsection, ‘‘24- 

hour period’’ means the period beginning when a signal employee 

reports for duty immediately after 8 consecutive hours off duty or, 


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when required under paragraph (2)(B) of this subsection, after 10 

consecutive hours off duty. 

ø(2) Except as provided in subsection (c) of this section, a railroad carrier and its officers and agents may not require or allow 

a signal employee to remain or go on duty— ø(A) unless that employee has had at least 8 consecutive 

hours off duty during the prior 24 hours; 

ø(B) after that employee has been on duty for 12 consecutive 

hours, until that employee has had at least 10 consecutive 

hours off duty; or 

ø(C) after that employee has been on duty a total of 12 hours 

during a 24-hour period, or after the end of that 24-hour period, whichever occurs first, until that employee has had at 

least 8 consecutive hours off duty.¿ 

(a) GENERAL.—Except as provided in subsection (c) of this section, 

a railroad carrier and its officers and agents may not require or 

allow a signal employee, and a railroad contractor and its officers 

and agents may not require or allow a signal employee, to remain 

or go on duty—

(1) unless that employee has had at least 10 consecutive hours 

off duty during the prior 24 hours; 

(2) for a period in excess of 12 consecutive hours; or 

(3) unless that employee has had at least one period of at 

least 24 consecutive hours off duty in the past 7 consecutive 

days. 

The Secretary may waive paragraph (3) if a collective bargaining 

agreement provides a different arrangement and such arrangement 

provides an equivalent level of safety. 

(b) DETERMINING TIME ON DUTY.—In determining under subsection (a) of this section the time a signal employee is on duty or 

off duty, the following rules apply: 

(1) * * * 

* * * * * * * 

(3) Time spent returning from a trouble call, whether the 

employee goes directly to the employee’s residence or by way 

of the employee’s headquarters, is neither time on duty nor 

time off dutyø, except that up to one hour of that time spent 

returning from the final trouble call of a period of continuous 

or broken service is time off duty¿. 

* * * * * * * 

(c) EMERGENCIES.—A signal employee may be allowed to remain 

or go on duty for not more than 4 additional hours in any period 

of 24 consecutive hours for not more than 3 days during a period 

of 7 consecutive days when an emergency exists and the work of 

that employee is related to the emergency. In this subsection, an 

emergency ends when the signal system is restored to service. A 

signal employee may not be allowed to remain or go on duty under 

the emergency authority provided under this subsection to conduct 

routine repairs, routine maintenance, or routine inspection of signal 

systems. 

(d) COMMUNICATION DURING TIME OFF DUTY.—During a signal 

employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a), a railroad carrier, and its managers, supervisors, officers, and agents, shall not communicate with the sigVerDate Aug 31 2005 04:25 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00086 Fmt 6659 Sfmt 6603 E:\HR\OC\HR336.XXX HR336

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nal employee by telephone, by pager, or in any other manner that 

could disrupt the employee’s rest. Nothing in this subsection shall 

prohibit communication necessary to notify an employee of an emergency situation posing potential risks to the employee’s safety or 

health. 

(e) EXCLUSIVITY.—The hours of service, duty hours, and rest periods of signal employees shall be governed exclusively by this chapter. Signal employees operating motor vehicles shall not be subject 

to any hours of service rules, duty hours, or rest period rules promulgated by any Federal authority, including the Federal Motor 

Carrier Safety Administration, other than the Federal Railroad 

Safety Administration. 

* * * * * * * 

§ 21106. Limitations on employee sleeping quarters 

(a) IN GENERAL.—A railroad carrier and its officers and agents—

(1) * * * 

* * * * * * * 

(b) CAMP CARS.—Effective 12 months after the date of enactment 

of this subsection, a railroad carrier and its officers and agents may 

not provide sleeping quarters through the use of camp cars, as defined in Appendix C to part 228 of title 49 of the Code of Federal 

Regulations, for employees and any individuals employed to maintain the right of way of a railroad carrier. 

* * * * * * * 

§ 21109. Fatigue management plans 

(a) PLAN SUBMISSION.— (1) REQUIREMENT.—Each railroad carrier shall submit to the 

Secretary of Transportation, and update at least once every 2 

years, a fatigue management plan that is designed to reduce the 

fatigue experienced by railroad employees and to reduce the 

likelihood of accidents and injuries caused by fatigue. The plan 

shall address the safety effects of fatigue on all employees performing safety sensitive functions, including employees not covered by this chapter. The plan shall be submitted not later than 

1 year after the date of the enactment of this section, or not 

later than 45 days prior to commencing operations, whichever 

is later. 

(2) CONTENTS OF PLAN.—The fatigue management plan 

shall—

(A) identify and prioritize all situations that pose a risk 

for safety that may be affected by fatigue; 

(B) include the railroad carrier’s—

(i) rationale for including and not including each 

element described in subsection (b)(2) in the plan; 

(ii) analysis supporting each element included in the 

plan; and 

(iii) explanations for how each element in the plan 

will reduce the risk associated with fatigue; 

(C) describe how every condition on the railroad carrier’s 

property, and every type of employee, that is likely to be affected by fatigue is addressed in the plan; and 


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(D) include the name, title, address, and telephone number of the primary person to be contacted with regard to review of the plan. 

(3) APPROVAL.—(A) The Secretary shall review each proposed 

plan and approve or disapprove such plan based on whether 

the requirements of this section are sufficiently and appropriately addressed and the proposals are adequately justified in 

the plan. 

(B) If the proposed plan is not approved, the Secretary shall 

notify the affected railroad carrier as to the specific points in 

which the proposed plan is deficient, and the railroad carrier 

shall correct all deficiencies within 30 days following receipt of 

written notice from the Secretary. If a railroad carrier does not 

submit a plan (or, when directed by the Secretary, an amended 

plan), or if a railroad carrier’s amended plan is not approved 

by the Secretary, the Secretary shall prescribe a fatigue management plan for the railroad carrier. 

(4) EMPLOYEE PARTICIPATION.—(A) Each affected railroad 

carrier shall consult with, and employ good faith and use its 

best efforts to reach agreement by consensus with, all of its directly affected employee groups on the contents of the fatigue 

management plan, and, except as provided in subparagraph 

(C), shall jointly with such groups submit the plan to the Secretary. 

(B) In the event that labor organizations represent classes or 

crafts of directly affected employees of the railroad carrier, the 

railroad carrier shall consult with these organizations in drafting the plan. The Secretary may provide technical assistance 

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

(C) If the railroad carrier and its directly affected employees 

(including any labor organization representing a class or craft 

of directly affected employees of the railroad carrier) cannot 

reach consensus on the proposed contents of the plan, then— (i) the railroad carrier shall file the plan with the Secretary; and 

(ii) directly affected employees and labor organizations 

representing a class or craft of directly affected employees 

may, at their option, file a statement with the Secretary explaining their views on the plan on which consensus was 

not reached. 

(b) ELEMENTS OF THE FATIGUE MANAGEMENT PLAN.—

(1) CONSIDERATION OF VARYING CIRCUMSTANCES.—Each plan 

filed with the Secretary under the procedures of subsection (a) 

shall take into account the varying circumstances of operations 

by the railroad carrier on different parts of its system, and 

shall prescribe appropriate fatigue countermeasures to address 

those varying circumstances. 

(2) ISSUES AFFECTING ALL EMPLOYEES PERFORMING SAFETY

SENSITIVE FUNCTIONS.—The railroad carrier shall consider the 

need to include in its fatigue management plan elements addressing each of the following issues: 

(A) Education and training on the physiological and 

human factors that affect fatigue, as well as strategies to 

counter fatigue, based on current and evolving scientific 

and medical research and literature. 


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(B) Opportunities for identification, diagnosis, and treatment of any medical condition that may affect alertness or 

fatigue, including sleep disorders. 

(C) Effects on employee fatigue of emergency response involving both short-term emergency situations, including 

derailments, and long-term emergency situations, including 

natural disasters. 

(D) Scheduling practices involving train lineups and calling times, including work/rest cycles for shift workers and 

on-call employees that permit employees to compensate for 

cumulative sleep loss by guaranteeing a minimum number 

of consecutive days off (exclusive of time off due to illness 

or injury). 

(E) Minimizing the incidence of fatigue that occurs as a 

result of working at times when the natural circadian 

rhythm increases fatigue. 

(F) Alertness strategies, such as policies on napping, to 

address acute sleepiness and fatigue while an employee is 

on duty. 

(G) Opportunities to obtain restful sleep at lodging facilities, including sleeping quarters provided by the railroad 

carrier. 

(H) In connection with the scheduling of a duty call, increasing the number of consecutive hours of rest off duty, 

during which an employee receives no communication from 

the employing railroad carrier or its managers, supervisors, 

officers, or agents. 

(I) Avoiding abrupt changes in rest cycles for employees 

returning to duty after an extended absence due to circumstances such as illness or injury. 

(J) Additional elements as the Secretary considers appropriate. 

(c) COMPLIANCE AND ENFORCEMENT.— (1) COMPLIANCE REQUIREMENT.—Effective upon approval or 

prescription of a fatigue management plan, compliance with 

that fatigue management plan becomes mandatory and enforceable by the Secretary. 

(2) EFFECTIVE DATE.—A fatigue management plan may include effective dates later than the date of approval of the plan, 

and may include different effective dates for different parts of 

the plan. 

(3) AUDITS.—To enforce this section, the Secretary may conduct inspections and periodic audits of a railroad carrier’s compliance with its fatigue management plan. 

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

affected employees’’ means employees, including employees of an 

independent contractor or subcontractor, to whose hours of service 

the terms of a fatigue management plan specifically apply. 

§ 21110. Regulatory authority 

The Secretary of Transportation may by regulation— (1) reduce the maximum hours an employee may be required 

or allowed to go or remain on duty to a level less than the level 

established under this chapter, based on scientific and medical 

research; or 


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(2) increase the minimum hours an employee may be required 

or allowed to rest to a level greater than the level established 

under this chapter, based on scientific and medical research. 

* * * * * * * 

CHAPTER 213—PENALTIES 

SUBCHAPTER I—CIVIL PENALTIES 

Sec 

21301. Chapter 201 general violations. 

* * * * * * * 

SUBCHAPTER II—CRIMINAL PENALTIES 

* * * * * * * 

21312. Interfering with or hampering safety investigations. 

* * * * * * * 

SUBCHAPTER I—CIVIL PENALTIES 

§ 21301. Chapter 201 general violations 

(a) PENALTY.—(1) A person may not fail to comply with section 

20157 or with a regulation prescribed or order issued by the Secretary of Transportation under chapter 201 of this title. Subject to 

section 21304 of this title, a person violating section 20157 of this 

title or a regulation prescribed or order issued by the Secretary 

under chapter 201 is liable to the United States Government for a 

civil penalty. The Secretary shall impose the penalty applicable 

under paragraph (2) of this subsection. A separate violation occurs 

for each day the violation continues. 

(2) The Secretary shall include in, or make applicable to, each 

regulation prescribed and order issued under chapter 201 of this 

title a civil penalty for a violation. The Secretary shall impose a 

civil penalty for a violation of section 20157 of this title. The 

amount of the penalty shall be at least $500 but not more than 

ø$10,000¿ $25,000. However, when a grossly negligent violation or 

a pattern of repeated violations has caused an imminent hazard of 

death or injury to individuals, or has caused death or injury, the 

amount may be not more than ø$20,000¿ $100,000. 

* * * * * * * 

§ 21302. Chapter 201 accident and incident violations and 

chapter 203–209 violations 

(a) PENALTY.—(1) * * * 

(2) The Secretary of Transportation imposes a civil penalty under 

this subsection. The amount of the penalty shall be at least $500 

but not more than ø$10,000¿ $25,000. However, when a grossly 

negligent violation or a pattern of repeated violations has caused 

an imminent hazard of death or injury to individuals, or has 

caused death or injury, the amount may be not more than 

ø$20,000¿ $100,000. 

* * * * * * * 

§ 21303. Chapter 211 violations 

(a) PENALTY.—(1) * * * 


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(2) The Secretary of Transportation imposes a civil penalty under 

this subsection. The amount of the penalty shall be at least $500 

but not more than ø$10,000¿ $25,000. However, when a grossly 

negligent violation or a pattern of repeated violations has caused 

an imminent hazard of death or injury to individuals, or has 

caused death or injury, the amount may be not more than 

ø$20,000¿ $100,000. 

* * * * * * * 

(c) IMPUTATION OF KNOWLEDGE.—In any proceeding under this 

section, a railroad carrier is deemed to know the acts of its øofficers 

and agents¿ managers, supervisors, officers, and agents. 

* * * * * * * 

SUBCHAPTER II—CRIMINAL PENALTIES 

§ 21311. Records and reports 

(a) * * * 

(b) ACCIDENT AND INCIDENT REPORTS.—A railroad carrier not filing the report required by section 20901 of this title shall be fined 

not more than ø$500¿ $2,500 for each violation and not more than 

ø$500¿ $2,500 for each day during which the report is overdue. 

§ 21312. Interfering with or hampering safety investigations 

(a) IN GENERAL.—It shall be unlawful for any person knowingly 

to interfere with, obstruct, or hamper an investigation by the Secretary of Transportation conducted under section 20703 or 20902 of 

this title, or a railroad investigation by the National Transportation 

Safety Board under chapter 11 of this title. 

(b) INTIMIDATION AND HARASSMENT.—It shall be unlawful for any 

person, with regard to an investigation conducted by the Secretary 

under section 20703 or 20902 of this title, or a railroad investigation by the National Transportation Safety Board under chapter 11 

of this title, knowingly or intentionally to use intimidation, harassment, threats, or physical force toward another person, or corruptly 

persuade another person, or attempt to do so, or engage in misleading conduct toward another person, with the intent or effect of—

(1) influencing the testimony or statement of any person; 

(2) hindering, delaying, preventing, or dissuading any person 

from—

(A) attending a proceeding or interview with, testifying 

before, or providing a written statement to, a National 

Transportation Safety Board railroad investigator, a Federal railroad safety inspector or State railroad safety inspector, or their superiors; 

(B) communicating or reporting to a National Transportation Safety Board railroad investigator, a Federal railroad safety inspector, or a State railroad safety inspector, 

or their superiors, information relating to the commission 

or possible commission of one or more violations of this 

part or of chapter 51 of this title; or 

(C) recommending or using any legal remedy available to 

the Secretary under this title; or 

(3) causing or inducing any person to—


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(A) withhold testimony, or a statement, record, document, 

or other object, from the investigation; 

(B) alter, destroy, mutilate, or conceal a statement, 

record, document, or other object with intent to impair the 

integrity or availability of the statement, record, document, 

or other object for use in the investigation; 

(C) evade legal process summoning that person to appear 

as a witness, or to produce a statement, record, document, 

or other object, in the investigation; or 

(D) be absent from an investigation to which such person 

has been summoned by legal process. 

(c) ELEMENTS OF VIOLATION.—(1) For the purposes of this section, 

the testimony or statement, or the record, document, or other object, 

need not be admissible in evidence or free from a claim of privilege. 

(2) In a prosecution for an offense under this section, no state of 

mind need be proved with respect to the circumstance that the investigation is being conducted by the Secretary under section 20703 or 

20902 of this title or by the National Transportation Safety Board 

under chapter 11 of this title. 

(d) CRIMINAL PENALTIES.—A person violating this section shall be 

fined under title 18, imprisoned for not more than 1 year, or both. 

* * * * * * * 

PART C—PASSENGER TRANSPORTATION 

* * * * * * * 

CHAPTER 251—FAMILY ASSISTANCE 

Sec. 

25101. Plans to address needs of families of passengers involved in rail passenger 

accidents. 

§ 25101. Plans to address needs of families of passengers involved in rail passenger accidents 

(a) SUBMISSION OF PLANS.—Not later than 6 months after the 

date of the enactment of this section, each rail passenger carrier 

shall submit to the Secretary of Transportation and the Chairman 

of the National Transportation Safety Board a plan for addressing 

the needs of the families of passengers involved in any rail passenger accident involving a train of the rail passenger carrier and 

resulting in a major loss of life. 

(b) CONTENTS OF PLANS.—A plan to be submitted by a rail passenger carrier under subsection (a) shall include, at a minimum, the 

following: 

(1) A plan for publicizing a reliable, toll-free telephone number, and for providing staff, to handle calls from the families 

of the passengers. 

(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, 

either by utilizing the services of the organization designated for 

the accident under section 1139(a)(2) of this title or the services 

of other suitably trained individuals. 

(3) An assurance that the notice described in paragraph (2) 

will be provided to the family of a passenger as soon as the rail 


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passenger carrier has verified that the passenger was aboard 

the train (whether or not the names of all of the passengers 

have been verified) and, to the extent practicable, in person. 

(4) An assurance that the rail passenger carrier will provide 

to the director of family support services designated for the accident under section 1139(a)(1) of this title, and to the organization designated for the accident under section 1139(a)(2) of this 

title, immediately upon request, a list (which is based on the 

best available information at the time of the request) of the 

names of the passengers aboard the train (whether or not such 

names have been verified), and will periodically update the list. 

The plan shall include a procedure, with respect to unreserved 

trains and passengers not holding reservations on other trains, 

for the rail passenger carrier to use reasonable efforts to ascertain the names of passengers aboard a train involved in an accident. 

(5) An assurance that the family of each passenger will be 

consulted about the disposition of all remains and personal effects of the passenger within the control of the rail passenger 

carrier. 

(6) An assurance that if requested by the family of a passenger, any possession of the passenger within the control of the 

rail passenger carrier (regardless of its condition) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation. 

(7) An assurance that any unclaimed possession of a passenger within the control of the rail passenger carrier will be 

retained by the rail passenger carrier for at least 18 months. 

(8) An assurance that the family of each passenger or other 

person killed in the accident will be consulted about construction by the rail passenger carrier of any monument to the passengers, including any inscription on the monument. 

(9) An assurance that the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. 

(10) An assurance that the rail passenger carrier will work 

with any organization designated under section 1139(a)(2) of 

this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance 

following each accident. 

(11) An assurance that the rail passenger carrier will provide 

reasonable compensation to any organization designated under 

section 1139(a)(2) of this title for services provided by the organization. 

(12) An assurance that the rail passenger carrier will assist 

the family of a passenger in traveling to the location of the accident and provide for the physical care of the family while the 

family is staying at such location. 

(13) An assurance that the rail passenger carrier will commit 

sufficient resources to carry out the plan. 

(14) An assurance that the rail passenger carrier will provide 

adequate training to the employees and agents of the carrier to 

meet the needs of survivors and family members following an 

accident. 


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(15) An assurance that, upon request of the family of a passenger, the rail passenger carrier will inform the family of 

whether the passenger’s name appeared on any preliminary 

passenger manifest for the train involved in the accident. 

(c) LIMITATION ON LIABILITY.—A rail passenger carrier shall not 

be liable for damages in any action brought in a Federal or State 

court arising out of the performance of the rail passenger carrier in 

preparing or providing a passenger list, or in providing information 

concerning a train reservation, pursuant to a plan submitted by the 

rail passenger carrier under subsection (b), unless such liability was 

caused by conduct of the rail passenger carrier which was grossly 

negligent or which constituted intentional misconduct. 

(d) DEFINITIONS.—In this section—

(1) the terms ‘‘rail passenger accident’’ and ‘‘rail passenger 

carrier’’ have the meanings such terms have in section 1139 of 

this title; and 

(2) the term ‘‘passenger’’ means a person aboard a rail passenger carrier’s train that is involved in a rail passenger accident. 

(e) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers 

involved in a rail passenger accident. 

* * * * * * * 

PART E—MISCELLANEOUS 

* * * * * * * 

CHAPTER 281—LAW ENFORCEMENT 

* * * * * * * 

§ 28101. Rail police officers 

Under regulations prescribed by the Secretary of Transportation, 

a rail police officer who is employed by a rail carrier and certified 

or commissioned as a police officer under the laws of a State may 

enforce the laws of any jurisdiction in which øthe rail carrier¿ any 

rail carrier owns property, to the extent of the authority of a police 

officer certified or commissioned under the laws of that jurisdiction, 

to protect—

(1) employees, passengers, or patrons of øthe rail carrier¿ 

any rail carrier; 

(2) property, equipment, and facilities owned, leased, operated, or maintained by øthe rail carrier¿ any rail carrier; 

(3) property moving in interstate or foreign commerce in the 

possession of øthe rail carrier¿ any rail carrier; and 

* * * * * * * 

TITLE 23, UNITED STATES CODE 

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95 

CHAPTER 1—FEDERAL-AID HIGHWAYS 

* * * * * * * 

SUBCHAPTER I—REPEALED 

* * * * * * * 

§ 130. Railway-highway crossings 

(a) * * * 

* * * * * * * 

(l) NATIONAL CROSSING INVENTORY.—

(1) INITIAL REPORTING OF CROSSING INFORMATION.—Not later 

than 1 year after the date of enactment of the Federal Railroad 

Safety Improvement Act of 2007 or within 6 months of a new 

crossing becoming operational, whichever occurs later, each 

State shall report to the Secretary of Transportation current information, including information about warning devices and 

signage, as specified by the Secretary, concerning each previously unreported crossing located within its borders. 

(2) PERIODIC UPDATING OF CROSSING INFORMATION.—On a 

periodic basis beginning not later than 3 years after the date of 

enactment of the Federal Railroad Safety Improvement Act of 

2007 and on or before September 30 of every third year thereafter, or as otherwise specified by the Secretary, each State 

shall report to the Secretary current information, including information about warning devices and signage, as specified by 

the Secretary, concerning each crossing located within its borders. 

(3) RULEMAKING AUTHORITY.—The Secretary shall prescribe 

the regulations necessary to implement this subsection. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instructions for States and railroads that is in effect on the date of enactment of the Federal 

Railroad Safety Improvement Act of 2007, until such provision 

is superseded by a regulation issued under this subsection. 

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

and ‘‘State’’ have the meaning given those terms by section 

20157(d)(1) and (2), respectively, of title 49. 

* * * * * * * 

Æ 


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