II 

110TH CONGRESS 

1ST SESSION S. 918 

To authorize appropriations for activities under the Federal railroad safety 

laws for fiscal years 2008 through 2011, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 19, 2007 

Mr. LAUTENBERG (for himself and Mr. SMITH) (by request) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

To authorize appropriations for activities under the Federal 

railroad safety laws for fiscal years 2008 through 2011, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Railroad Safe5 ty Accountability and Improvement Act’’. 

6 SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE. 

7 Except as otherwise expressly provided, whenever in 

8 this Act an amendment or repeal is expressed in terms 

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


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

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

3 Code. 

4 SEC. 3. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Amendment of title 49, United States Code. 

Sec. 3. Table of contents. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS AND 

ESTABLISHMENT OF SAFETY RISK REDUCTION PROGRAM 

Sec. 101. Authorization of appropriations and establishment of safety risk reduction program. 

Sec. 102. Protection of railroad safety risk reduction program information. 

TITLE II—HIGHWAY-RAIL CROSSING SAFETY 

Sec. 201. National crossing inventory. 

Sec. 202. Fostering introduction of new technology to improve safety at highway-rail grade crossings. 

Sec. 203. Authority to buy promotional items to improve railroad crossing safety and prevent railroad trespass. 

TITLE III—RULEMAKING, INSPECTION, AND ENFORCEMENT 

AUTHORITY 

Sec. 301. Railroad security. 

Sec. 302. Emergency waivers. 

Sec. 303. Railroad radio monitoring authority and general inspection authority. 

Sec. 304. Authority to disqualify individuals from performing safety-sensitive 

functions in the railroad industry based on their violation of 

hazardous material transportation law. 

Sec. 305. Technical amendments regarding enforcement by the Attorney General. 

Sec. 306. Unified treatment of families of railroad carriers providing integrated 

railroad operations. 

Sec. 307. Hours of service reform. 

Sec. 308. Amendment to the movement-for-repair provision. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Technical amendments to eliminate unnecessary provisions. 

Sec. 402. Alternate names for chapters of subtitle V, part A. 

Sec. 403. Federal rail security officers’ access to criminal history and other law 

enforcement records, systems, and communications. 


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1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS AND ES3 TABLISHMENT OF SAFETY 

4 RISK REDUCTION PROGRAM 

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS AND ES6 TABLISHMENT OF SAFETY RISK REDUCTION 

7 PROGRAM. 

8 (a) AMENDMENT.—Section 20117(a) is amended— 

9 (1) in subsection (a)(1), by striking ‘‘chapter’’ 

10 and substituting ‘‘part and to carry out responsibil11 ities under chapter 51 as delegated or authorized by 

12 the Secretary’’ and by striking subparagraphs (A) 

13 through (F); 

14 (2) by striking subsection (a)(2); and 

15 (3) by redesignating subsection (a)(1), as 

16 amended by this Act, as subsection (a), and insert17 ing the following at the end: 

18 ‘‘(1) $180,722,000 for the fiscal year ending 

19 September 30, 2008. 

20 ‘‘(2) Such sums as may be necessary for fiscal 

21 years 2009 through 2011.’’. 

22 (b) AMENDMENT.—Section 20117, as amended by 

23 this Act, is further amended by inserting at the end a new 

24 subsection (f) as follows: 


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1 ‘‘(f) SAFETY RISK REDUCTION.—Not more than 

2 $2,363,000 of the $180,722,000 for fiscal year 2008 and 

3 such sums as may be necessary for fiscal years 2009 

4 through 2011 are authorized to be appropriated to the 

5 Secretary for a safety risk reduction program to be imple6 mented as part of the railroad safety program. The safety 

7 risk reduction program shall require each railroad to sys8 tematically evaluate safety risks, manage those risks, and 

9 implement measures to eliminate or mitigate risks in its 

10 processes and procedures. The safety risk reduction pro11 gram, which requires different skills than the activities 

12 previously undertaken in the railroad safety program, 

13 shall be undertaken in addition to the current railroad 

14 safety program.’’. 

15 SEC. 102. PROTECTION OF RAILROAD SAFETY RISK REDUC16 TION PROGRAM INFORMATION. 

17 (a) AMENDMENT.—Chapter 201 as amended by this 

18 Act is further amended by adding the following two new 

19 sections: 

20 ‘‘§ 20118. Prohibition on public disclosure of required 

21 railroad safety risk reduction records 

22 ‘‘Notwithstanding section 552 of title 5 or any other 

23 provision of law, except as necessary for enforcement of 

24 any provision of Federal law by the Secretary or by an25 other Federal agency, the Secretary shall not disclose pubVerDate Aug 31 2005 20:53 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918

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1 licly any part of any record (including, but not limited to, 

2 a railroad carrier’s analysis of its safety risks and its 

3 statement of the mitigation measures it has identified with 

4 which to address those risks) that the Secretary has ob5 tained pursuant to a regulation or order under this chap6 ter that requires the establishment, implementation, or 

7 modification of a railroad safety risk reduction program 

8 if the record is required to be— 

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

10 safety risk reduction program; or 

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

12 by an officer, employee, or agent of the Secretary 

13 pursuant to that safety risk reduction program. 

14 ‘‘§ 20119. Discovery and admission into evidence of 

15 certain reports and surveys 

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

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

18 collected for the purpose of identifying, evaluating, plan19 ning, or implementing a railroad safety risk reduction pro20 gram pursuant to a regulation or order under this chapter 

21 (including, but not limited to, a railroad carrier’s analysis 

22 of its safety risks and its statement of the mitigation 

23 measures with which it will address those risks) shall be 

24 subject to discovery or admitted into evidence in a Federal 

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1 pose, in any action by a private party or parties for dam2 ages against the carrier, or its officers, employees, or con3 tractors.’’. 

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

5 sections for chapter 201 is amended by adding after the 

6 item relating to section 20117 the following new items: 

‘‘20118. Prohibition on public disclosure of required railroad safety risk reduction records. 

‘‘20119. Discovery and admission into evidence of certain reports and surveys.’’. 

7 TITLE II—HIGHWAY-RAIL 

8 CROSSING SAFETY 

9 SEC. 201. NATIONAL CROSSING INVENTORY. 

10 (a) AMENDMENT.—Chapter 201 as amended by this 

11 Act is further amended by adding at the end the following 

12 new section: 

13 ‘‘§ 20156. National crossing inventory 

14 ‘‘(a) INITIAL REPORTING OF INFORMATION ABOUT

15 PREVIOUSLY UNREPORTED CROSSINGS.—Not later than 

16 12 months after the date of enactment of the Federal 

17 Railroad Safety Accountability and Improvement Act or 

18 12 months after a new crossing becomes operational, 

19 whichever occurs later, each railroad carrier shall— 

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

21 current information (including, but not limited to, 

22 information about warning devices and signage), as 

23 specified by the Secretary, concerning each pre24 viously unreported crossing through which it operVerDate Aug 31 2005 20:53 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918

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1 ates with respect to the trackage over which it oper2 ates; or 

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

5 that operates through the crossing on the same 

6 trackage. 

7 ‘‘(b) UPDATING OF CROSSING INFORMATION.—(1) 

8 On a periodic basis beginning not later than 3 years after 

9 the date of enactment of the Federal Railroad Safety Ac10 countability and Improvement Act and on or before Sep11 tember 30 of every third year thereafter, or as otherwise 

12 specified by the Secretary, each railroad carrier shall— 

13 ‘‘(A) report to the Secretary current informa14 tion (including, but not limited to, information about 

15 warning devices and signage), as specified by the 

16 Secretary, concerning each crossing through which it 

17 operates with respect to the trackage over which it 

18 operates; or 

19 ‘‘(B) ensure that the information has been re20 ported to the Secretary by another railroad carrier 

21 that operates through the crossing on the same 

22 trackage. 

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

24 part of a crossing, on or after the date of enactment of 

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1 ment Act, shall, not later than the date that is 3 years 

2 after the date of enactment of the Act or 3 months after 

3 the sale, whichever occurs later, or as otherwise specified 

4 by the Secretary, report to the Secretary current informa5 tion, as specified by the Secretary, concerning the change 

6 in ownership of the crossing or the part of the crossing. 

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

8 prescribe the regulations necessary to implement this sec9 tion. This rulemaking shall consider the expected benefits 

10 to the inventory of, and costs of, alternative information11 collection requirements (including the distribution of bene12 fits and costs) and shall consider the collection of informa13 tion for categories of crossings that pose lower risks that 

14 is less extensive or less frequent, or both, than that pro15 vided for in subsection (b). The Secretary may enforce 

16 each provision of the Department of Transportation’s 

17 statement of the national highway-rail crossing inventory 

18 policy, procedures, and instructions for States and rail19 roads that is in effect on the date of enactment of this 

20 section, until such provision is superseded by a regulation 

21 issued under this section. 

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

23 ‘‘(1) ‘crossing’ means a location within a state, 

24 other than a location where one or more railroad 


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1 tracks cross one or more railroad tracks either at 

2 grade or grade-separated, where— 

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

4 a private roadway, including associated side5 walks and pathways, crosses one or more rail6 road tracks either at grade or grade-separated; 

7 or 

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

9 non-vehicular traffic, including pedestrians, 

10 bicyclists, and others, that is not associated 

11 with a public highway, road, or street, or a pri12 vate roadway, crosses one or more railroad 

13 tracks either at grade or grade-separated; and 

14 ‘‘(2) ‘State’ means a State of the United 

15 States, the District of Columbia, or Puerto Rico.’’. 

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

17 sections for chapter 201 as amended by this Act is further 

18 amended by adding after the item relating to section 

19 20155 the following new item: 

‘‘20156. National crossing inventory.’’. 

20 (c) AMENDMENT.—Section 130 of title 23, United 

21 States Code, is amended by inserting the following new 

22 subsection at the end: 

23 ‘‘(l) NATIONAL CROSSING INVENTORY.— 

24 ‘‘(1) INITIAL REPORTING OFINFORMATION

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1 INGS.—Not later than 12 months after the date of 

2 enactment of the Federal Railroad Safety Account3 ability and Improvement Act or within 12 months of 

4 a new crossing becoming operational, whichever oc5 curs later, each State shall report to the Secretary 

6 current information (including, but not limited to, 

7 information about warning devices and signage), as 

8 specified by the Secretary, concerning each pre9 viously unreported public crossing located within its 

10 borders. 

11 ‘‘(2) UPDATING OFPUBLIC CROSSING INFORMA12 TION; REPORT 3 YEARS AFTER ENACTMENT, THEN

13 TWO-TIER SYSTEM FOR FURTHER UPDATES.—Each 

14 State shall report to the Secretary current informa15 tion (including, but not limited to, information about 

16 warning devices and signage), as specified by the 

17 Secretary, concerning each crossing located within 

18 its borders involving a public street, road, or high19 way. Each report shall be made on a periodic basis 

20 beginning not later than 3 years after the date of 

21 enactment of the Federal Railroad Safety Account22 ability and Improvement Act and on or before Sep23 tember 30 of— 

24 ‘‘(A) every third year thereafter, or as 

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1 ing a public street, road, or highway, other than 

2 a local or county street, road, or highway; and 

3 ‘‘(B) every fifth year thereafter, or as spec4 ified by the Secretary, for a crossing involving 

5 a public local or county street, road, or highway 

6 or involving a publicly owned pathway dedicated 

7 for the use of non-vehicular traffic, including 

8 pedestrians, bicyclists, and others, that is not 

9 associated with a public highway, road, or 

10 street, or a private roadway. 

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

12 shall prescribe the regulations necessary to imple13 ment this subsection. This rulemaking shall consider 

14 the expected benefits to the inventory of, and costs 

15 of, alternative information-collection requirements 

16 (including the distribution of benefits and costs) and 

17 shall consider the collection of information for cat18 egories of crossings that pose lower risks that is less 

19 extensive or less frequent, or both, than that pro20 vided for in paragraph (2) of this subsection. The 

21 Secretary may enforce each provision of the Depart22 ment of Transportation’s statement of the national 

23 highway-rail crossing inventory policy, procedures, 

24 and instructions for States and railroads that is in 

25 effect on the date of enactment of this subsection, 


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1 until such provision is superseded by a regulation 

2 issued under this subsection. 

3 ‘‘(4) DEFINITION.—In this subsection— 

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

5 within a state, other than a location where one 

6 or more railroad tracks cross one or more rail7 road tracks either at grade or grade-separated, 

8 where— 

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

10 including associated sidewalks and path11 ways, crosses one or more railroad tracks 

12 either at grade or grade-separated; or 

13 ‘‘(ii) a publicly owned pathway dedi14 cated for the use of non-vehicular traffic, 

15 including pedestrians, bicyclists, and oth16 ers, that is not associated with a public 

17 highway, road, or street, or a private road18 way, crosses one or more railroad tracks 

19 either at grade or grade-separated; and 

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

21 States, the District of Columbia, or Puerto 

22 Rico.’’. 

23 (d) CIVIL PENALTIES.—(1) Section 21301(a)(1) is 

24 amended— 


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1 (A) by striking the period at the end of the first 

2 sentence and substituting ‘‘or with section 20156 of 

3 this title.’’; and 

4 (B) in the second sentence, by inserting ‘‘or vio5 lating section 20156 of this title’’ between ‘‘chapter 

6 201’’ and ‘‘is liable’’. 

7 (2) Section 21301(a)(2) is amended by inserting after 

8 the first sentence the following: ‘‘The Secretary shall sub9 ject a person to a civil penalty for a violation of section 

10 20156 of this title.’’. 

11 SEC. 202. FOSTERING INTRODUCTION OF NEW TECH12 NOLOGY TO IMPROVE SAFETY AT HIGHWAY13 RAIL GRADE CROSSINGS. 

14 (a) AMENDMENT.—Chapter 201 as amended by this 

15 Act is further amended by adding at the end a new section 

16 20157 to read as follows: 

17 ‘‘§ 20157. Fostering introduction of new technology to 

18 improve safety at highway-rail grade 

19 crossings 

20 ‘‘(a) FINDINGS.—(1) Collisions between highway 

21 users and trains at highway-rail grade crossings continue 

22 to cause an unacceptable loss of life and serious personal 

23 injury and also threaten the safety of rail transportation. 

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

25 consolidation of crossings and grade separations offers the 


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1 greatest long-term promise for optimizing the safety and 

2 efficiency of the two modes of transportation, over 

3 140,000 public grade crossings remain on the general rail 

4 system—approximately one for each route mile on the 

5 general rail system. 

6 ‘‘(3) Conventional highway traffic control devices 

7 such as flashing lights and gates are effective in warning 

8 motorists of a train’s approach to an equipped crossing 

9 but require considerable expense to install and to main10 tain. 

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

12 1973, over $4,200,000,000 of Federal funding has been 

13 invested in safety improvements at highway-rail grade 

14 crossings, yet a majority of public highway-rail grade 

15 crossings are not yet equipped with active warning sys16 tems. 

17 ‘‘(5) The emergence of new technologies supporting 

18 Intelligent Transportation Systems presents opportunities 

19 for more effective and affordable warnings and safer pas20 sage of highway users and trains at remaining highway21 rail grade crossings. 

22 ‘‘(6) Implementation of new crossing safety tech23 nology will require extensive cooperation between highway 

24 authorities and railroad carriers. 


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1 ‘‘(7) Uncertainty concerning potential liability in tort 

2 threatens to arrest development and implementation of 

3 lifesaving systems, discouraging suppliers, State and local 

4 authorities, and railroad carriers from moving forward 

5 with systems that have strong potential to save lives and 

6 prevent personal injuries. 

7 ‘‘(8) Federal Railroad Administration regulations es8 tablishing performance standards for processor-based sig9 nal and train control systems provide a suitable framework 

10 for qualification of new or novel technology at highway11 rail grade crossings, and the Federal Highway Adminis12 tration’s Manual on Uniform Traffic Control Devices pro13 vides an appropriate means of determining highway user 

14 interface with such new technology. 

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

16 to encourage the development of new technology that can 

17 prevent loss of life and injuries at highway-rail grade 

18 crossings. The Secretary of Transportation is designated 

19 to carry out this policy in consultation with States and 

20 necessary public and private entities. 

21 ‘‘(c) PREEMPTIVE EFFECT OF FEDERAL ACTION.— 

22 If the Secretary approves new technology to provide warn23 ing to highway users at a highway-rail grade crossing and 

24 such technology is installed at a highway-rail grade cross25 ing in accordance with the conditions of the approval, this 


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1 determination preempts any State law concerning the ade2 quacy of the technology in providing warning at the cross3 ing. Under no circumstances may a person (including a 

4 State, other public authority, railroad carrier, system de5 signer, or supplier of the technology) be held liable for 

6 damages for any harm to persons or property because of 

7 an accident or incident at the crossing based upon selec8 tion of such technology. Nor shall a railroad carrier be 

9 found liable in damages because of an accident or incident 

10 at a crossing protected by such technology based upon the 

11 carrier’s failure to properly inspect and maintain such 

12 technology, if the carrier has inspected and maintained the 

13 technology in accordance with the terms of the Secretary’s 

14 approval. Nor shall any party be found liable for damages 

15 for failure to apply such technology at a different grade 

16 crossing location.’’. 

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

18 sections for chapter 201 as amended by this Act is further 

19 amended by adding the following new item: 

‘‘20157. Fostering introduction of new technology to improve safety at highwayrail grade crossings.’’. 

20 SEC. 203. AUTHORITY TO BUY PROMOTIONAL ITEMS TO IM21 PROVE RAILROAD CROSSING SAFETY AND 

22 PREVENT RAILROAD TRESPASS. 

23 Section 20134(a) is amended by adding at the end 

24 of the subsection the following sentence: ‘‘The Secretary 


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1 may purchase promotional items of nominal value and dis2 tribute them to the public without charge as part of an 

3 educational or awareness program to accomplish the pur4 poses of this section and of any other sections of this title 

5 related to improving the safety of highway-rail crossings 

6 and to preventing trespass on railroad rights of way, and 

7 the Secretary shall prescribe guidelines for the administra8 tion of this authority.’’. 

9 TITLE III—RULEMAKING, IN10 SPECTION, AND ENFORCE11 MENT AUTHORITY 

12 SEC. 301. RAILROAD SECURITY. 

13 Section 20103(a) is amended to read as follows: 

14 ‘‘(a) REGULATIONS AND ORDERS.—The Secretary of 

15 Transportation, as necessary, shall prescribe regulations 

16 and issue orders for every area of railroad safety 

17 supplementing laws and regulations in effect on October 

18 16, 1970. Any regulation prescribed or order issued by 

19 the Secretary of Transportation involving railroad safety 

20 shall not be subject to challenge, under section 20114(c) 

21 of this chapter or under any other provision of law by 

22 which such a regulation or order may be subject to judicial 

23 review, on the ground that it impacts security.’’. 


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1 SEC. 302. EMERGENCY WAIVERS. 

2 Section 20103 as amended by this Act is further 

3 amended by— 

4 (1) revising subsection (e) to read as follows: 

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

6 (g) of this section, the Secretary shall conduct a hearing 

7 as provided by section 553 of title 5 when prescribing a 

8 regulation or issuing an order under this chapter, includ9 ing a regulation or order establishing, amending, or 

10 waiving compliance with a railroad safety regulation pre11 scribed or order issued under this chapter. An opportunity 

12 for an oral presentation shall be provided.’’; and 

13 (2) adding at the end a new subsection (g) to 

14 read as follows: 

15 ‘‘(g) EMERGENCY WAIVERS.—(1) The Secretary 

16 shall prescribe procedures concerning the handling of re17 quests for waivers of regulations prescribed or orders 

18 issued under this chapter in emergency situations and may 

19 prescribe temporary emergency waiver procedures without 

20 first providing an opportunity for public comment. The 

21 Secretary may grant a waiver request if the waiver is di22 rectly related to the emergency event or necessary to aid 

23 in any recovery efforts and is in the public interest and 

24 consistent with railroad safety. The relief shall not extend 

25 for a period of more than nine months, including the pe26 riod of the relief granted under any renewal of the waiver 


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1 pursuant to the emergency waiver procedures. For matters 

2 that may impact the missions of the Department of Home3 land Security, the Secretary of Transportation shall con4 sult and coordinate with the Secretary of Homeland Secu5 rity as soon as practicable. 

6 ‘‘(2) If, under the emergency waiver procedures es7 tablished under paragraph (1) of this subsection, the Sec8 retary determines the public interest would be better 

9 served by addressing a request for waiver prior to pro10 viding an opportunity for a hearing under section 553 of 

11 title 5 and an oral presentation, the Secretary may act 

12 on the waiver request and, if the request is granted, the 

13 Secretary shall subsequently provide notice and an oppor14 tunity for a hearing and oral presentation pursuant to pro15 cedures prescribed under paragraph (1) of this subsection. 

16 Should the Secretary receive comment or a request for 

17 oral presentation on a waiver request after granting the 

18 waiver, the Secretary may take any necessary action with 

19 regard to that waiver (including rescission or modification) 

20 based on the newly acquired information. 

21 ‘‘(3) For purposes of this subsection, the terms 

22 ‘emergency situation’ and ‘emergency event’ refer to a nat23 ural or manmade disaster, such as a hurricane, flood, 

24 earthquake, mudslide, forest fire, snowstorm, terrorist act, 

25 biological outbreak, release of a dangerous radiological, 


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1 chemical, explosive, or biological material, or a war-related 

2 activity, that poses a risk of death, serious illness, severe 

3 injury, or substantial property damage. The disaster may 

4 be local, regional, or national in scope.’’. 

5 SEC. 303. RAILROAD RADIO MONITORING AUTHORITY AND 

6 GENERAL INSPECTION AUTHORITY. 

7 (a) AMENDMENT.—Section 20107 is amended by in8 serting at the end the following new subsection: 

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

10 carry out the Secretary’s responsibilities under this part 

11 and under chapter 51, the Secretary may authorize offi12 cers, employees, or agents of the Secretary to conduct the 

13 following activities in circumstances determined by the 

14 Secretary in the Secretary’s discretion to be reasonable: 

15 ‘‘(A) Intercepting a radio communication that 

16 is broadcast or transmitted over a frequency author17 ized for the use of one or more railroad carriers by 

18 the Federal Communications Commission, with or 

19 without making their presence known to the sender 

20 or other receivers of the communication and with or 

21 without obtaining the consent of the sender or other 

22 receivers of the communication. 

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

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1 munication, subject to the restrictions in paragraph 

2 (3). 

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

4 communication (or any information therein con5 tained). 

6 ‘‘(D) Disclosing the contents, substance, pur7 port, effect, or meaning of the communication (or 

8 any part thereof of such communication) or using 

9 the communication (or any information contained 

10 therein), subject to the restrictions in paragraph (3), 

11 after having received the communication or acquired 

12 knowledge of the contents, substance, purport, ef13 fect, or meaning of the communication (or any part 

14 thereof). 

15 ‘‘(E) Recording the communication by any 

16 means, including writing and tape recording. 

17 ‘‘(2) The Secretary and officers, employees, and 

18 agents of the Department of Transportation authorized by 

19 the Secretary may engage in the activities authorized by 

20 paragraph (1) for the purpose of accident prevention, in21 cluding, but not limited to, accident investigation. 

22 ‘‘(3)(A) Information obtained through activities au23 thorized by paragraphs (1) and (2) shall not be admitted 

24 into evidence in any administrative or judicial proceeding 

25 except— 


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1 ‘‘(i) in a prosecution for a felony under Federal 

2 or State criminal law; or 

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

4 other than the Federal Government regarding the 

5 existence, electronic characteristics, content, sub6 stance, purport, effect, meaning, or timing of, or 

7 identity of parties to, a communication intercepted 

8 pursuant to paragraphs (1) and (2) in proceedings 

9 pursuant to section 5122, 5123, 20702(b), 20111, 

10 20112, 20113, or 20114 of this title. 

11 ‘‘(B) If information obtained through activities set 

12 forth in paragraphs (1) and (2) is admitted into evidence 

13 for impeachment purposes in accordance with paragraph 

14 (3)(A), the court, administrative law judge, or other offi15 cer before whom the proceeding is conducted may make 

16 such protective orders regarding the confidentiality or use 

17 of the information as may be appropriate in the cir18 cumstances to protect privacy and administer justice. 

19 ‘‘(C) Information obtained through activities set forth 

20 in paragraphs (1) and (2) shall not be subject to publica21 tion or disclosure under section 552 of title 5. 

22 ‘‘(D) No evidence shall be excluded in an administra23 tive or judicial proceeding solely because the government 

24 would not have learned of the existence of or obtained such 


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1 evidence but for the interception of information that is not 

2 admissible in such proceeding under paragraph (3)(A). 

3 ‘‘(E) Nothing in this subsection shall be construed 

4 to impair or otherwise affect the authority of the United 

5 States to intercept a communication, and collect, retain, 

6 analyze, use, and disseminate the information obtained 

7 thereby, under a provision of law other than this sub8 section. 

9 ‘‘(4) Section 705 of the Communications Act of 1934 

10 (47 U.S.C. 605) and chapter 119 of title 18, United States 

11 Code, shall not apply to conduct authorized by and pursu12 ant to this subsection.’’. 

13 (b) AMENDMENT.—Section 2511(2) of title 18, 

14 United States Code, is amended by adding after para15 graph (i), the following new paragraph: 

16 ‘‘(j) Notwithstanding any other provision of this 

17 chapter or section 605 of title 47, the Secretary of Trans18 portation and officers, employees, or agents of the Depart19 ment of Transportation authorized by the Secretary of 

20 Transportation, in furtherance of the Federal railroad 

21 safety laws at subtitle V, part A, of title 49 and at chapter 

22 51 of title 49, for the purpose of accident prevention, in23 cluding, but not limited to, accident investigation, may 

24 intercept radio communications broadcast or transmitted 

25 over a frequency authorized for the use of one or more 


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1 railroad carriers by the Federal Communications Commis2 sion and may disclose or use the information thereby ob3 tained, for the purposes and to the extent permitted by 

4 section 20107(c) of title 49.’’. 

5 (c) AMENDMENT.—Section 20107(b) is amended by 

6 striking ‘‘at reasonable times’’ and inserting in its place 

7 the following: ‘‘in circumstances determined by the Sec8 retary in the Secretary’s discretion to be reasonable’’. 

9 SEC. 304. AUTHORITY TO DISQUALIFY INDIVIDUALS FROM 

10 PERFORMING SAFETY-SENSITIVE FUNCTIONS 

11 IN THE RAILROAD INDUSTRY BASED ON 

12 THEIR VIOLATION OF HAZARDOUS MATERIAL 

13 TRANSPORTATION LAW. 

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

15 ‘‘(c) ORDERS PROHIBITING INDIVIDUALS FROM PER16 FORMING SAFETY-SENSITIVE FUNCTIONS.—(1) If an in17 dividual’s violation of this part, chapter 51 of this title, 

18 or a regulation prescribed, or an order issued, by the Sec19 retary under this part or chapter 51 of this title is shown 

20 to make that individual unfit for the performance of safe21 ty-sensitive functions, the Secretary, after providing notice 

22 and an opportunity for a hearing, may issue an order pro23 hibiting the individual from performing safety-sensitive 

24 functions in the railroad industry for a specified period 

25 of time or until specified conditions are met. 


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1 ‘‘(2) This subsection does not affect the Secretary’s 

2 authority under section 20104 of this title to act on an 

3 emergency basis.’’. 

4 SEC. 305. TECHNICAL AMENDMENTS REGARDING EN5 FORCEMENT BY THE ATTORNEY GENERAL. 

6 Section 20112(a) is amended— 

7 (1) in paragraph (1), by inserting ‘‘this part, 

8 except for section 20109 of this title, or’’ before ‘‘a 

9 railroad safety regulation’’; 

10 (2) in paragraph (2), by inserting ‘‘, 21302, or 

11 21303’’ after ‘‘section 21301’’; and 

12 (3) in paragraph (3), by inserting after ‘‘sub13 pena’’ the following: ‘‘request for admissions, re14 quest for production of documents or other tangible 

15 things, or request for testimony by deposition’’ and 

16 by striking ‘‘chapter’’ and substituting ‘‘part’’. 

17 SEC. 306. UNIFIED TREATMENT OF FAMILIES OF RAILROAD 

18 CARRIERS PROVIDING INTEGRATED RAIL19 ROAD OPERATIONS. 

20 Section 20102(2) is amended to read as follows: 

21 ‘‘(2) ‘railroad carrier’ means a person providing 

22 railroad transportation, except that upon petition by 

23 a group of commonly controlled railroad carriers 

24 that the Secretary determines is operating within the 

25 United States as a single, integrated rail system, the 


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1 Secretary may, by order, treat the group of railroad 

2 carriers as a single railroad carrier for purposes of 

3 one or more provisions of part A, subtitle V, of this 

4 title and implementing regulations and orders, sub5 ject to any appropriate conditions that the Secretary 

6 may impose.’’. 

7 SEC. 307. HOURS OF SERVICE REFORM. 

8 (a) REPEAL.—Chapter 211 is repealed and reserved 

9 upon the effective date of the regulations prescribed under 

10 section 20158, as added by subsection (c) of this section. 

11 (b) AMENDMENT.—Upon the effective date of the 

12 regulations prescribed under section 20158, as added by 

13 subsection (c) of this section— 

14 (1) the first sentence of section 20103(a) as 

15 amended by this Act is further amended to read as 

16 follows: 

17 ‘‘(1) The Secretary of Transportation, as nec18 essary, shall prescribe regulations and issue orders 

19 for every area of railroad safety— 

20 ‘‘(A) superseding the Federal hours of 

21 service laws formerly codified at chapter 211 of 

22 this title and regulations and orders pursuant 

23 to those laws; and 

24 ‘‘(B) supplementing other regulations and 

25 other laws in effect on October 16, 1970.’’; and 


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1 (2) the second sentence of section 20103(a) as 

2 amended by this Act is designated as paragraph (2). 

3 (c) AMENDMENT.—Chapter 201 as amended by this 

4 Act is further amended by adding at the end the following 

5 new section: 

6 ‘‘§ 20158. Fatigue, including hours of service 

7 ‘‘(a) MANDATE TO CONVERT STATUTE TO REGULA8 TIONS; NONREVIEWABILITY; REPEAL OF CHAPTER 211.— 

9 (1) The Secretary of Transportation shall prescribe regu10 lations embodying the substantive provisions of the Fed11 eral hours of service laws codified at sections 21101– 

12 21106 and 21108 of this title and in so doing may make 

13 changes necessary to transform those provisions into regu14 latory form. 

15 ‘‘(2) Notwithstanding any other provision of law, 

16 these regulations shall not be subject to judicial review. 

17 ‘‘(3) Upon the effective date of the regulations pre18 scribed under this subsection (a) (the status quo regula19 tions), chapter 211 of this title is repealed and reserved. 

20 ‘‘(b) AUTHORITY TO PRESCRIBE AMENDMENTS TO

21 THE STATUS QUO REGULATIONS.—After the Secretary 

22 has prescribed the regulations mandated by subsection (a) 

23 and after the regulations mandated by subsection (a) have 

24 become effective, the Secretary may amend the regulations 

25 as the Secretary deems necessary in accordance with the 


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1 Secretary’s general authority under section 20103 of this 

2 title, to prevent and mitigate fatigue among individuals 

3 performing safety-critical duties in train and engine serv4 ice, signal or train control service, or dispatching service, 

5 whether or not directly employed by a railroad carrier, 

6 providing however that, before prescribing any initial 

7 amendments to the regulations mandated by subsection 

8 (a) for a particular category of employees, the Secretary 

9 shall follow the procedures set forth in subsection (c). 

10 ‘‘(c) PROCEDURES FOR PRESCRIBING INITIAL REGU11 LATORY AMENDMENTS.—(1) Prior to proposing any ini12 tial regulatory amendment to the regulations mandated by 

13 subsection (a), the Secretary shall request— 

14 ‘‘(A) that the Railroad Safety Advisory Com15 mittee accept the task of developing consensus rec16 ommendations to the Secretary on the problem of fa17 tigue experienced by individuals performing any one 

18 or more of the following types of service: train and 

19 engine service, signal or train control service, or dis20 patching service; and 

21 ‘‘(B) that the Committee communicate in writ22 ing to the Secretary its decision whether or not to 

23 accept the task. 

24 ‘‘(2) If the Committee timely accepts the task with 

25 respect to a particular type of service, it shall assist the 


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1 Secretary in conducting the review described in sub2 sections (c)(3) and (c)(6) with respect to the particular 

3 type of service. If the Committee does not timely accept 

4 the task with respect to a particular type of service, the 

5 Secretary may proceed with proposing to prescribe any 

6 amendments with respect to the particular type of service 

7 without the assistance of the Committee. 

8 ‘‘(3) The Secretary shall review the problem of fa9 tigue experienced by individuals performing train and en10 gine service, signal or train control service, and dis11 patching service or any combination of such types of serv12 ice and shall consider how the likelihood of accidents and 

13 injuries caused by that fatigue can be reduced. The review 

14 shall take into account current and evolving scientific 

15 knowledge and literature relating to fatigue, and shall in16 clude an evaluation of the following: 

17 ‘‘(A) The varying circumstances of railroad car18 rier operations and the appropriate fatigue counter19 measures to address those varying circumstances, 

20 based on current and evolving scientific and medical 

21 research on circadian rhythms and human sleep and 

22 rest requirements. 

23 ‘‘(B) The benefits and costs of a revised regu24 latory program. 


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1 ‘‘(C) Ongoing and planned voluntary initiatives 

2 by railroad carriers and rail labor organizations to 

3 address fatigue management, including the extent to 

4 which voluntary activities undertaken by railroad 

5 carriers and labor organizations representing their 

6 employees are minimizing fatigue and ameliorating 

7 its effects and the extent to which such activities are 

8 likely to be sustained absent regulatory action. 

9 ‘‘(D) The extent to which railroad carriers are 

10 using valid fatigue risk assessment tools and other 

11 methodologies to assist them in making informed de12 cisions on any or all of the subjects described in sub13 paragraphs (A)–(C) of this paragraph. 

14 ‘‘(E) Any other matters that the Secretary 

15 deems relevant. 

16 ‘‘(4) If the Railroad Safety Advisory Committee time17 ly accepts a task specified in this section and presents the 

18 Secretary with a written consensus recommendation with19 in 24 months after accepting the task, the Secretary shall 

20 consider the recommendation. The Secretary shall propose 

21 an initial amendment to the regulation consistent with the 

22 extent to which the Secretary agrees with Committee’s 

23 recommendation. 

24 ‘‘(5) If the Committee fails to provide a consensus 

25 recommendation with respect to a task specified in this 


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1 section within 24 months after accepting the task, the Sec2 retary may proceed without the assistance of the Com3 mittee and may propose and prescribe any amendment to 

4 the regulation that the Secretary deems necessary in ac5 cordance with the Secretary’s authority under section 

6 20103 of this title or may decide not to propose or to pre7 scribe any amendment. 

8 ‘‘(6)(A) In adopting any amendments under this sec9 tion for any individuals performing safety-critical duties 

10 in a particular service, the Secretary shall prescribe max11 imum hours of service and such additional requirements 

12 as the Secretary deems necessary to provide a reasonable 

13 level of fatigue prevention or fatigue mitigation, or both. 

14 ‘‘(B) Recognizing the diversity of working conditions 

15 within the railroad industry and the need for flexibility 

16 in applying strategies for fatigue prevention and mitiga17 tion, the Secretary may provide by regulation for submis18 sion and consideration, with respect to any group of indi19 viduals providing service covered by the regulation, of a 

20 written fatigue management plan proposed by one or more 

21 railroad carriers or other applicable employers. If the Sec22 retary so provides, and if the Secretary determines that 

23 the plan would provide a level of safety equal to or better 

24 than the level of safety that would be provided by the regu25 lation, the Secretary may authorize and enforce compliVerDate Aug 31 2005 20:53 Mar 21, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918

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1 ance with the plan in lieu of compliance with the regula2 tion. 

3 ‘‘(d) REVIEWABILITY EXCLUSIVELY UNDER THE

4 CONGRESSIONAL REVIEW ACT.—Notwithstanding any 

5 other provision of law, any final rule amendment by the 

6 Secretary to the regulations mandated by subsection (a) 

7 of this section or to the regulations authorized by sub8 section (b) of this section— 

9 ‘‘(1) shall not be subject to judicial review. 

10 ‘‘(2) shall be subject to review under the Con11 gressional Review Act (5 U.S.C. 801) as the sole 

12 and exclusive means of review.’’. 

13 (d) TABLE OF SECTIONS AMENDMENT.—The table 

14 of sections for chapter 201, as amended by this Act, is 

15 further amended by adding at the end the following new 

16 item: 

‘‘20158. Fatigue, including hours of service.’’. 

17 (e) AMENDMENT.—Effective upon the repeal of chap18 ter 211, chapter 201, as amended by this Act, is further 

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

20 ‘‘§ 20159. Maximum duty hours and subjects of collec21 tive bargaining 

22 ‘‘The number of hours that an employee may be re23 quired or allowed to be on duty (a number formerly estab24 lished by the Federal hours of service laws, formerly codi25 fied at chapter 211 of this title, and presently established 


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1 under section 20158 of this title) is the maximum number 

2 of hours consistent with safety. Shorter hours of service 

3 and time on duty of an employee are proper subjects for 

4 collective bargaining between a railroad carrier and its em5 ployees.’’. 

6 (f) TABLE OF SECTIONS AMENDMENT.—Effective 

7 upon the repeal of chapter 211, the table of sections for 

8 chapter 201 as amended by this Act is further amended 

9 by adding at the end the following new item: 

‘‘20159. Maximum duty hours and subjects of collective bargaining.’’. 

10 SEC. 308. AMENDMENT TO THE MOVEMENT-FOR-REPAIR 

11 PROVISION. 

12 Section 20303 is amended by adding the following 

13 new subsections: 

14 ‘‘(d) DEFINITIONS AND CLARIFICATION.—In sub15 section (a)— 

16 ‘‘(1) ‘place at which the repairs can be made’ 

17 means— 

18 ‘‘(A) a location with a fixed facility for 

19 conducting the repairs that are necessary to 

20 bring the defective or insecure vehicle into com21 pliance with this chapter; or 

22 ‘‘(B) a location where a mobile repair 

23 truck capable of making the repairs that are 

24 necessary to bring the defective or insecure ve25 hicle into compliance with this chapter makes 


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1 the same kind of repair at the location regularly 

2 (as specified in regulations prescribed by the 

3 Secretary). 

4 ‘‘(2) ‘nearest’ means the closest in the forward 

5 direction of travel for the defective or insecure vehi6 cle. 

7 ‘‘(3) movement of a defective or insecure vehicle 

8 from a location is ‘necessary to make repairs’ of the 

9 vehicle even though a mobile repair truck capable of 

10 making the repairs has gone to the location on an 

11 irregular basis (as specified in regulations prescribed 

12 by the Secretary). 

13 ‘‘(e) ADDITIONAL CONDITIONS FOR MOVEMENT TO

14 MAKE REPAIRS.—The Secretary of Transportation may 

15 impose conditions for the movement of a defective or inse16 cure vehicle to make repairs in addition to those conditions 

17 set forth in subsection (a) by prescribing regulations or 

18 issuing orders as necessary.’’. 

19 TITLE IV—MISCELLANEOUS 

20 PROVISIONS 

21 SEC. 401. TECHNICAL AMENDMENTS TO ELIMINATE UNNEC22 ESSARY PROVISIONS. 

23 (a) AMENDMENTS.—Chapter 201 as amended by this 

24 Act is further amended by— 


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1 (1) striking the second sentence of section 

2 20103(f); 

3 (2) striking and reserving sections 20115, 

4 20131, 20133, 20136–20139, 20141–20146, 20148, 

5 and 20150; 

6 (3) striking and reserving subsection (b) of sec7 tion 20134 as amended by this Act; and 

8 (4) striking the second sentence of section 

9 20151(a) and striking section 20151(c). 

10 (b) TABLE OF SECTIONS AMENDMENTS.—The table 

11 of sections for chapter 201 as amended by this Act is fur12 ther amended by striking and reserving the items relating 

13 to the following sections: 20115, 20131, 20133, 20136– 

14 20139, 20141–20146, 20148, and 20150. 

15 SEC. 402. ALTERNATE NAMES FOR CHAPTERS OF SUBTITLE 

16 V, PART A. 

17 (a) AMENDMENT.—Section 20101 as amended by 

18 this Act is further amended by— 

19 (1) revising the section heading to read as fol20 lows: 

21 ‘‘§ 20101. Purpose and title of chapter’’; 

22 (2) designating the text of the section as sub23 section (a) and adding a subsection heading ‘‘PUR24 POSE.—’’; and 


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1 (3) adding at the end of the section the fol2 lowing new subsection: 

3 ‘‘(b) TITLE OF CHAPTER.—This chapter may be 

4 cited as the ‘Federal Railroad Safety Act’.’’. 

5 (b) AMENDMENT.—Section 20301 is amended by— 

6 (1) revising the section heading to read as fol7 lows: 

8 ‘‘§ 20301. Definition; nonapplication; and titles of pro9 visions in chapter’’; 

10 (2) adding at the end of the section the fol11 lowing new subsection: 

12 ‘‘(c) TITLES OF PROVISIONS IN CHAPTER.—Collec13 tively, sections 20301–20304 and 20306 of this chapter 

14 may be cited as the ‘Safety Appliance Act’. Section 20305 

15 may be cited as the ‘Mail Car Inspection Act’.’’. 

16 (c) AMENDMENT.—Section 20501 is amended by— 

17 (1) revising the section heading to read as fol18 lows: 

19 ‘‘§ 20501. Definition; title of chapter’’; 

20 (2) designating the text of the section as sub21 section (a) and adding the subsection heading ‘‘DEF22 INITION.—’’; and 

23 (3) adding at the end of the section the fol24 lowing new subsection: 


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1 ‘‘(b) TITLE OF CHAPTER.—This chapter may be 

2 cited as the ‘Signal Inspection Act’.’’. 

3 (d) AMENDMENT.—Section 20701 is amended by— 

4 (1) revising the section heading to read: 

5 ‘‘§ 20701. Requirements for use; title of chapter’’; 

6 (2) designating the text of the section as sub7 section (a) and adding the subsection heading ‘‘RE8 QUIREMENTS FOR USE.—’’; and 

9 (3) adding at the end of the section the fol10 lowing new subsection: 

11 ‘‘(c) TITLE OF CHAPTER.—This chapter may be cited 

12 as the ‘Locomotive Inspection Act’.’’. 

13 (e) AMENDMENT.—Section 20901 is amended by— 

14 (1) revising the section heading to read as fol15 lows: 

16 ‘‘§ 20901. Reports; title of chapter’’; and 

17 (2) adding at the end of the section the fol18 lowing new subsection: 

19 ‘‘(c) TITLE OF CHAPTER.—This chapter may be cited 

20 as the ‘Accident Reports Act’.’’. 

21 (f) AMENDMENT.—Section 21101 as amended by this 

22 Act is further amended by— 

23 (1) revising the section heading to read as fol24 lows: 


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1 ‘‘§ 21101. Definitions; title of chapter’’; 

2 (2) designating the text of the section as sub3 section (a) and adding the subsection heading 

4 ‘‘DEFINITIONS.—’’; and 

5 (3) adding at the end the following new sub6 section: 

7 ‘‘(b) TITLE OF CHAPTER.—This chapter may be 

8 cited as the ‘Hours of Service Act’.’’. 

9 (g) AMENDMENT.—Section 21301 as amended by 

10 this Act is further amended by— 

11 (1) revising the section heading to read as fol12 lows: 

13 ‘‘§ 21301. Chapter 201 general violations; title of chap14 ter’’; and 

15 (2) adding at the end of the section the fol16 lowing new subsection: 

17 ‘‘(d) TITLE OF CHAPTER.—This chapter may be 

18 cited as ‘Penalties for Railroad Safety Violations’.’’. 

19 (h) TABLES OF SECTIONS AMENDMENTS.—(1) The 

20 table of sections for chapter 201 as amended by this Act 

21 is further amended by striking the existing item for sec22 tion 20101 and substituting: 

‘‘20101. Purpose and title of chapter.’’. 

23 (2) The tables of sections for chapters 203–213, re24 spectively, are amended by respectively— 


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1 (A) striking the existing item for section 20301 

2 and substituting: 

‘‘20301. Definition; nonapplication; and titles of provisions in chapter.’’; 

3 (B) striking the existing item for section 20501 

4 and substituting: 

‘‘20501. Definition; title of chapter.’’; 

5 (C) striking the existing item for section 20701 

6 and substituting: 

‘‘20701. Requirements for use; title of chapter.’’; 

7 (D) striking the existing item for section 20901 

8 and substituting: 

‘‘20901. Reports; title of chapter.’’; 

9 (E) striking the existing item for section 21101 

10 and substituting: 

‘‘21101. Definitions; title of chapter.’’; and 

11 (F) striking the existing item for section 21301 

12 and substituting: 

‘‘21301. Chapter 201 general violations; title of chapter.’’. 

13 SEC. 403. FEDERAL RAIL SECURITY OFFICERS’ ACCESS TO 

14 CRIMINAL HISTORY AND OTHER LAW EN15 FORCEMENT RECORDS, SYSTEMS, AND COM16 MUNICATIONS. 

17 (a) AMENDMENT.—Chapter 281 is revised by adding 

18 new section 28104 to read as follows: 


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1 ‘‘§ 28104 Federal rail security officers’ access to 

2 criminal history and other law enforce3 ment and other law enforcement records, 

4 systems, and communications 

5 ‘‘(a) ACCESS TO RECORDS OR DATABASE SYSTEMS

6 BY THE ADMINISTRATOR OFTHE FEDERAL RAILROAD

7 ADMINISTRATION.—(1) The Administrator of the Federal 

8 Railroad Administration is authorized to have access to 

9 a system of documented criminal justice information 

10 maintained by the Department of Justice or by a State 

11 for the purpose of carrying out the civil and administrative 

12 responsibilities of the Administrator to protect the safety, 

13 including security, of railroad operations and for other 

14 purposes authorized by law, including the National Crime 

15 Prevention and Privacy Compact (42 U.S.C. 14611– 

16 14616). The Administrator shall be subject to the same 

17 conditions or procedures established by the Department 

18 of Justice or State for access to such an information sys19 tem by other governmental agencies with access to the sys20 tem. 

21 ‘‘(2) The Administrator may not use the access au22 thorized under paragraph (1) to conduct criminal inves23 tigations. 

24 ‘‘(b) DESIGNATED EMPLOYEES OFTHE FEDERAL

25 RAILROAD ADMINISTRATION.—The Administrator shall, 

26 by order, designate each employee of the Administration 


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1 whose primary responsibility is rail security who shall 

2 carry out the authority described in subsection (a). The 

3 Administrator shall strictly limit access to a system of doc4 umented criminal justice information to persons with secu5 rity responsibilities and with appropriate security clear6 ances. Such a designated employee may, insofar as author7 ized or permitted by the National Crime Prevention and 

8 Privacy Compact or other law or agreement governing an 

9 affected State with respect to such a State— 

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

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

13 the Department of Justice, or of any jurisdiction in 

14 a State in the same manner as a police officer em15 ployed by a State or local authority of that State 

16 who is certified or commissioned under the laws of 

17 that State; 

18 ‘‘(2) use any radio, data link, or warning sys19 tem of the Federal Government and of any jurisdic20 tion in a State that provides information about 

21 wanted persons, be-on-the-lookout notices, or war22 rant status or other officer safety information to 

23 which a police officer employed by a State or local 

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1 sioned under the laws of that State has access and 

2 in the same manner as such police officer; or 

3 ‘‘(3) receive Federal, State, or local government 

4 communications with a police officer employed by a 

5 State or local authority in that State in the same 

6 manner as a police officer employed by a State or 

7 local authority in that State who is commissioned 

8 under the laws of that State. 

9 ‘‘(c) DEFINITION.—For purposes of this section, ‘sys10 tem of documented criminal justice information’ means 

11 any law enforcement database, systems, or communica12 tions containing information concerning identification, 

13 criminal history, arrests, convictions, arrest warrants, or 

14 wanted or missing persons, including the National Crime 

15 Information Center (NCIC) and its incorporated criminal 

16 history databases and the National Law Enforcement 

17 Telecommunications System (NLETS).’’. 

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

19 sections for chapter 281 is amended by adding at the end 

20 the following new item: 

‘‘28104. Federal rail security officers’ access to criminal history and other law 

enforcement records, systems, and communications.’’. 

Æ 


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