U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69—010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–270 

Calendar No. 590 

RAILROAD SAFETY ENHANCEMENT ACT OF 

2007 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1889 

MARCH 3, 2008.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TENTH CONGRESS

SECOND SESSION

DANIEL K. INOUYE, Hawaii, Chairman 

TED STEVENS, Alaska, Vice-Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

JOHN MCCAIN, Arizona 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

MARGARET CUMMISKY, Staff Director and Chief Counsel 

LILA HELMS, Deputy Staff Director and Policy Director 

JEAN TOAL EISEN, Senior Advisor and Deputy Policy Director 

CHRISTINE KURTH, Republican Staff Director and General Counsel 

PAUL J. NAGLE, Republican Chief Counsel 

MIMI BRANIFF, Republican Deputy Chief Counsel 


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Calendar No. 590 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–270 

RAILROAD SAFETY ENHANCEMENT ACT OF 2007 

MARCH 3, 2008.—Ordered to be printed 

Mr. INOUYE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1889] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1889) to amend title 49, United 

States Code, to improve railroad safety by reducing accidents and 

to prevent railroad fatalities, injuries, and hazardous materials releases, and for other purposes, having considered the same, reports 

favorably thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

S. 1889, the Railroad Safety Enhancement Act of 2007 (RSEA), 

is a bill to improve railroad safety by reducing railroad accidents 

and preventing railroad fatalities, injuries, and hazardous materials releases through enhanced Federal regulation of railroad operations and infrastructure and the development of new Federal and 

State railroad safety programs. To accomplish these purposes, S. 

1889 would reauthorize the Federal Railroad Administration 

(FRA); require railroads to make changes in current operating, 

scheduling, and other practices to improve railroad safety; and authorize appropriations for FRA programs, research and development, and grants for fiscal year (FY) 2008 through FY 2013. 

BACKGROUND AND NEEDS

The Federal Railroad Safety Act of 1970 granted the Secretary 

of Transportation (Secretary) regulatory authority over all areas of 

railroad safety. By regulation, the Secretary has delegated this authority to the FRA, and its primary mission is to establish and enforce safety regulations for the U.S. railroad industry. The FRA 


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1 A ‘‘quiet zone’’, as defined by the FRA in section 222.9 of title 49, Code of Federal Regulations, is a segment of a rail line, within which is situated one or a number of consecutive public 

highway-rail crossings at which locomotive horns are not routinely sounded. In general, a quiet 

zone may be established if grade crossing protection devices provide sufficient safety protection 

to warrant the restriction of the sounding of locomotive horns except in emergencies. 

also focuses on conducting research into safety issues through its 

research and development program and providing grants and loans 

to the railroad industry for infrastructure improvements and intercity passenger rail service. During the past 37 years, several refinements have been made to the Federal Railroad Safety Act of 1970 

and the FRA’s programs through various pieces of legislation. The 

FRA’s last authorization, the Federal Railroad Safety Authorization 

Act of 1994, expired in FY 1998, and the agency has since been operating without an authorization of its programs. 

The FRA issues regulations that set forth standards for ensuring 

all aspects of railroad safety, including those governing railroad 

track, signals, equipment, and operating practices. Several of the 

FRA’s regulations are developed through recommendations from 

the Railroad Safety Advisory Committee (RSAC), which was established in 1996 pursuant to the Federal Advisory Committee Act. 

The RSAC consists of approximately 40 members representing railroad management, labor groups, trade associations, and safety 

agencies at both the State and Federal levels. The FRA also enforces safety regulations regarding hazardous materials transported by rail that are promulgated by the Pipeline and Hazardous 

Materials Safety Administration (PHMSA). 

The FRA employs approximately 780 employees, including 440 

railroad safety inspectors, who operate from eight regional offices 

throughout the country and enforce compliance with FRA regulations by conducting routine inspections at railroads and facilities 

that ship hazardous materials by rail. Each of the FRA’s inspectors 

normally specializes in one of five inspection disciplines: track, motive power and equipment, operating practices, signal and train 

control, and hazardous materials. The FRA also has employees who 

focus on grade-crossing safety, including the establishment of 

‘‘quiet zones’’ 1 and railroad bridge safety engineering. In addition 

to Federal inspectors, approximately 160 State rail inspectors augment the FRA inspection force, providing supplemental inspections 

and referring violations of Federal laws and regulations to the FRA 

for appropriate action. FRA inspectors also conduct investigations 

into select derailments and accidents. 

To support the FRA’s safety mission, the FRA’s research and development office conducts research in the following areas: railroad 

system issues, including safety, security, and the environment; 

human performance in railroad operations; rolling stock and components; track and structures; train control; hazardous materials 

transportation; and other areas affecting safety. The FRA also 

owns Transportation Technology Center, Incorporated (TTCI) near 

Pueblo, Colorado, which is operated under contract by a subsidiary 

of the Association of American Railroads (AAR). This facility is 

used for a variety of railroad technology, operations, safety, and security research. TTCI was also recently added as a member of the 

National Domestic Preparedness Consortium in the Implementing 

Recommendations of the 9/11 Commission Act of 2007 (Public Law 


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110–53) to identify, develop, test, and deliver training to local and 

State emergency response providers. 

In addition to and often in coordination with the FRA, the National Transportation Safety Board (NTSB) investigates railroad 

accidents, determines their probable causes, and issues safety recommendations to various entities, including U.S. Department of 

Transportation (DOT) agencies. The Government Accountability Office (GAO) and the DOT Inspector General (DOT IG) periodically 

review the FRA’s operations and make recommendations for the 

FRA to more efficiently direct its resources to improve railroad 

safety. 

In general, railroad operations are significantly safer today than 

they were when the Federal Railroad Safety Act of 1970 was enacted. Between 1978 and 2005, the total number of rail-related accidents and incidents fell from approximately 91,000 to 14,000, representing a decline of 85 percent. In recent years, however, the 

number of rail-related fatalities and the train accident rate have 

begun to rise, likely due to an increase in train miles, which totaled 

811,000,000 in 2006 compared to 677,000,000 in 1997. Additionally, 

trespasser deaths have recently surpassed highway-rail grade 

crossing incidents as the leading cause of railroad associated 

deaths. Together these trespasser and grade crossing incidents 

comprise 94 percent of all rail-related accidents, injuries, and fatalities. Projected increases in railroad and highway traffic could 

drive further increases in rail-related accidents, incidents, and fatalities. 

The FRA categorizes reportable rail accidents into five general 

categories: human factors; track and structures; equipment; signal 

and train control; and miscellaneous. Human-factor caused accidents represent the largest percentage of railroad accidents at approximately 37 percent of all accidents. Track-caused accidents follow closely behind at approximately 34 percent. It is clear that the 

FRA’s implementation of the railroad safety laws and initiatives 

has, in total, had extensive positive impacts on safety, but the FRA 

and the railroad industry need additional direction and authorization to implement new programs that will further reduce the number and rates of rail-related accidents, incidents and fatalities. 

FATIGUE, HOURS OF SERVICE, AND HUMAN FACTORS

The FRA accident and injury statistics show that human factorcaused accidents account for the largest percentage of all rail accidents. Such accidents are those in which an employee error stemming from human capabilities, such as perception, attention, memory, or behavior, is determined to be the cause. 

A major component of human factor-caused accidents is fatigue. 

Employee fatigue is suspected to be the cause of or a significant 

factor in many railroad accidents, although it is often difficult to 

prove fatigue as the direct cause of an accident. The NTSB has 

identified fatigue as a contributing cause of at least 18 significant 

railroad accidents since 1984. Recent examples include the accident 

in Anding, Mississippi, on July 10, 2005, where two trains collided 

after one of them failed to comply with a signal requiring it to stop. 

Six locomotives and 17 cars derailed, spilling diesel fuel that 

burned for over 15 hours. All four crew members were killed in the 

accident. The NTSB determined that one crew’s inattentiveness to 


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the signal indication was likely a result of its employees being fatigued. In Macdona, Texas, on June 28, 2004, two trains collided 

resulting in the derailment of four locomotive and 36 cars, and the 

release of liquefied chlorine. Two local residents and one railroad 

employee were killed from inhalation of chlorine gas. The resulting 

damage was estimated at $5.7 million. Again, the NTSB determined that the accident was caused by the crew’s fatigue which resulted in its failure to observe a wayside signal. 

The Hours of Service Act, enacted in 1907, which limits the number of hours railroad employees may work in an effort to reduce fatigue, is routinely criticized as no longer suitable for regulating employee work schedules. The current hours of service (HOS) law permits train, signal, and dispatching service employees to work a 

maximum of 12 hours on-duty in a 24 hour period. Off-duty periods 

must be at least 8 consecutive hours or, if the employee works 12 

consecutive hours, the off-duty period must be at least 10 consecutive hours. Interpretations of this Act also allow employees to work 

additional hours beyond these limits where an employee has been 

‘‘relieved but not released’’ from their job sites. This period is considered neither on-duty nor off-duty, and is known as ‘‘limbo time.’’ Although it is uncertain whether this has ever occurred, the current HOS structure could permit an employee to work 400 hours 

in a 30-day period. Regardless of whether employees work the maximum hours permitted, the combination of long hours, irregular 

work and rest cycles, and lack of regular days off have been shown 

to have a deleterious effect on employee alertness. 

Research conducted by the DOT, the FRA, and others has demonstrated that fatigue impairs mental acuity, judgment, and reaction times, but the cause of any specific human performance failure 

can be extremely difficult to pinpoint. The DOT, the FRA, and the 

NTSB are working with major railroads and labor organizations to 

determine how to manage fatigue. The FRA recently gathered more 

data about fatigue through the Switching Operations Fatality Analysis (SOFA) Working Group, which determined that fatigue largely 

related to biological rhythms or time of day was likely responsible 

for a large part of SOFA-analyzed accidents. The FRA also issued 

one study and two reports in late 2006 that confirmed that there 

is a reliable relationship between the time of day of human factorcaused accidents and the expected, normal circadian rhythm. These 

findings provide an enhanced foundation for fatigue management 

in railroad occupations. The North American Rail Alertness Partnership serves as an ongoing forum for dialogue regarding present 

challenges, current research, and the results of voluntary efforts to 

resolve fatigue in the railroad industries. 

TRACK INSPECTION

Track-caused accidents are the second-largest cause of all train 

accidents, comprising 34 percent of all train accidents. The FRA determined that some of the leading causes of track related accidents, 

including broken rails and rail joint bars, are very hard to detect 

through normal track inspection procedures. The FRA and the industry are developing more sophisticated track inspection technology to better detect internal rail defects that could potentially 

be deployed at relatively low costs. For example, the FRA is developing an automated high-resolution video joint bar inspection sysVerDate Aug 31 2005 06:47 Mar 04, 2008 Jkt 069010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\SR270.XXX SR270

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tem that will have the capability of being deployed on a hi-rail vehicle to better detect visual cracks. This new system, as well as 

others, may also help reduce track inspection time. 

In addition to methods of detecting track or rail defects, the increase of rail traffic has also made it more difficult for railroad and 

FRA track inspectors to get adequate time to properly inspect the 

track, also known as ‘‘track time.’’ Specifically, the NTSB, based on 

findings related to an accident in Home Valley, Washington, raised 

a concern that railroads are not permitting their own track inspectors enough track time or authority to occupy railroad tracks for 

maintenance and inspection purposes, especially on dense, shared 

freight and passenger routes. The NTSB attributed the cause of the 

accident, in part, to failure of the railroad to respond to reports of 

possible track problems with appropriate inspections. In similar instances, not only can the limitation of track time pose concerns regarding the adequacy of the inspections that occur under such time 

constraints but may also lead to instances where low-level defects 

are left unaddressed because track inspectors and maintenance 

personnel must use the limited time available to them to repair the 

most obvious and severe defects immediately. Such latent defects 

can develop, over time, into serious safety concerns but may never 

get appropriate attention. 

POSITIVE TRAIN CONTROL (PTC) AND OTHER NEW TECHNOLOGY

The railroad industry is quickly developing and deploying new 

technology to improve the safety, security, and efficiency of operations, some of which were not fully contemplated when railroad 

safety laws and regulations were written. Therefore, laws and regulations related to this technology need to be updated to provide 

guidance to the industry for developing and deploying such technology in a manner consistent with safety. It is anticipated that a 

more certain regulatory regime for this new technology will motivate railroads and suppliers to develop and deploy such products. 

The most advanced of this emerging technology is PTC, which is 

a generic term for integrated command, control, communications, 

and information systems that control train movements. Both the 

NTSB and the FRA agree that PTC systems can improve railroad 

safety by significantly reducing the probability of train-to-train collisions, overspeed derailments, and incursion into roadway worker 

work limits. Remote intervention capability, which allows the system to stop or slow a train should the locomotive crew become incapacitated or fail to respond in accordance with required actions, is 

central to all PTC systems. The use of PTC technology is a departure from the method governing most train movements today, 

which is generally conducted through the use of wayside signals 

and/or written operating authorities that grant track occupancy to 

trains, but provides for an equivalent or greater level of safety. 

PTC has been on the NTSB’s list of ‘‘most-wanted’’ initiatives for 

national transportation safety since the NTSB created the list in 

1990. The NTSB has estimated that approximately 40 to 60 accidents that could result in seven fatalities and 55 injuries could be 

prevented by PTC each year. In addition to providing a greater 

level of safety, PTC systems may also enable a railroad to improve 

scheduling of operations, running time, reliability, asset utilization, 

and track capacity. The operational transparency provided by PTC 


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2 U.S. Class I Railroads are line haul freight railroads with operating revenue in excess of $277.7 million. In 2007, the U.S. Class I railroads were: BNSF Railway, CSX Transportation, 

Canadian National’s Grand Trunk Corporation, Kansas City Southern Railway, Norfolk Southern Combined Railroad Subsidiaries, Canadian Pacific’s Soo Line Railroad, and Union Pacific 

Railroad. 

should also assist railroads in measuring and managing costs and 

improving efficiency. Collisions like the one that occurred in 

Graniteville, South Carolina, on January 6, 2005, in which an employee’s failure to properly line a track switch resulted in the derailment of several railroad cars and the release of chlorine gas, 

killing nine people, could have been prevented by a PTC system. 

Several railroads, the AAR, the FRA, and various suppliers have 

been working on developing PTC systems for over 20 years. With 

over five active PTC systems currently being operated or tested, 

the cost, sophistication, and reliability of these systems are approaching or have reached deployable levels. On March 7, 2005, the 

FRA issued a final rule, Standards for Development and Use of 

Processor-Based Signal and Train Control Systems. To date, one 

railroad has obtained FRA approval of its PTC system, and the majority of the Class I railroads 2 have PTC systems under development. Amtrak also operates a PTC system on the Northeast Corridor and in Michigan; that system was grandfathered under the 

FRA’s PTC final rule. 

However, the deployment of PTC systems has not been as rapid 

or as widespread as it could be. The critical issues surrounding deployment of PTC are the development of standards for interoperability, cost-benefit calculations, and funding. While PTC can clearly enhance the safety of mainline operations, many railroads believe that under current operating practices, the benefits do not 

outweigh the estimated $6 to $8 billion cost of deployment for the 

entire U.S. railroad network. Railroads particularly note that the 

large majority of non-grade crossing and trespasser accidents and 

deaths occur in yards or terminals or are due to track defects and 

that PTC systems offer limited or no value in reducing or preventing such accidents. Mainline rail collisions make up only two 

percent of accidents and have been reduced by 82 percent since 

1980. Many railroads feel that spending significant capital resources to address yard and track safety concerns, which are far 

more prevalent within the industry, would provide more safety benefits for their investment. However, the NTSB, the FRA, and others have suggested that the operational and productivity benefits, 

added to the safety enhancements, will make PTC a worthwhile investment for certain rail lines and operations, especially routes 

with dual passenger and freight operations and hazardous materials shipments. 

Electronically controlled pneumatic (ECP) brakes are another innovation in the railroad industry that is expected to reduce human 

factor-caused accidents by improving train handling and eliminating misuse of automatic braking systems. ECP brakes have 

been proven to reduce stopping distances for trains by uniformly 

applying brakes throughout an entire train. This can help prevent 

train collisions. The FRA is currently preparing a rule to amend 

train air brake requirements to ensure that ECP brakes are deployed safely and, in the mean time, is working with railroads to 

encourage the use of this technology. 


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GRADE CROSSING AND TRESPASSER SAFETY

Grade crossing and trespasser incidents account for about 94 percent of all deaths related to train operations. The number of grade 

crossing deaths has declined substantially and steadily over the 

last decade. In the past few years, however, the number of grade 

crossing collisions has increased, which is likely due to the increase 

in rail and motor vehicle traffic. 

The DOT IG has issued four reports, in 1999, 2004, 2005, and 

2007, about the FRA’s oversight of highway-rail grade crossing accidents. The reports found that the FRA had not identified collisions that the railroads were required to report to the National Response Center (NRC), had conducted investigations on less than 

one percent of grade crossing collisions, and had not taken strong 

actions to enforce the highway-rail grade crossing regulations. The 

latest report also found that the FRA has no assurance that sight 

obstructions at grade crossings are addressed in State laws. 

In response to these audits, the FRA has issued a Safety Advisory that describes the roles of the Federal and State governments 

and the railroads in grade crossing safety and reemphasizes the requirements of the FRA regulations. In 2004, the FRA also issued 

an action plan for Highway-Rail Crossing Safety and Trespass Prevention, which sets forth a series of initiatives in the area of engineering, education and enforcement. The FRA also has begun reviewing private grade crossings, at which about 10 percent of grade 

crossing accidents occur, to determine what actions need to be 

taken to address safety at these crossings. The FRA has also issued 

several civil penalties against railroads that do not immediately report accidents to the NRC. However, the FRA has not yet addressed the sight obstruction issue. The DOT IG and the FRA recognize that more needs to be done to reduce grade crossing accidents and injuries. 

Relying primarily on funding made available through the Federal 

Highway Administration (FHWA) pursuant to section 130 of title 

23, United States Code, (Section 130) most States have gradually 

upgraded crossing warning devices, especially at the State’s most 

dangerous crossings. Since its inception in 1974, the FHWA estimates that the Section 130 program has distributed $3.8 billion in 

funds and been responsible for the construction of 30,000 active 

crossing warning devices that helped prevent more than 10,000 

deaths and over 50,000 injuries. Nevertheless, scores of thousands 

of public and private crossings have only passive warning devices, 

and collisions continue to occur at crossings with fully operational 

active warning devices where motorists disregard the warnings. 

Supplementary safety measures such as traffic channelization devices or four-quadrant gate systems that would prevent such behavior have been installed on only a limited basis. 

Reducing trespasser deaths remains a significant challenge facing railroads and the FRA. Since 1997, events involving trespassing have become the major cause of rail-related deaths, surpassing highway-rail grade crossing incidents. According to FRA 

data, through the first eight months of 2006, trespassing events 

represented 58 percent of all rail-related deaths, the highest percentage since 1975. While detection systems can be designed to detect actions by trespassers who tamper with structures and faciliVerDate Aug 31 2005 06:47 Mar 04, 2008 Jkt 069010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 E:\HR\OC\SR270.XXX SR270

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ties, many fatalities involve people trespassing on railroad rights of 

way that are often viewed by the public as convenient routes 

through communities. Additionally, a significant portion of trespasser fatalities are suicides. The FRA and railroads have come up 

with few solutions to this growing problem. In 2004, the Secretary 

instituted the Action Plan for Highway-Rail Crossing Safety and 

Trespass Prevention, which sets forth a series of initiatives in the 

fields of engineering, education, and enforcement. In 2005, the FRA 

instituted its National Rail Safety Action Plan as its strategic enforcement plan and part of which includes fostering further improvements in highway-rail grade crossing safety and trespassing 

accident prevention. Despite this initiative, the FRA reported that 

highway-rail grade crossing fatalities increased by 2.2 percent and 

trespasser fatalities increased by 13.6 percent in 2006. 

SOLID WASTE

A loophole exists in Federal law that exempts railroads that conduct solid waste handling or processing from complying with State 

health, safety, and environmental laws with which other solid 

waste handling and processing facilities must comply. This loophole 

came to light within the past few years when a few companies in 

the Northeast began hauling municipal solid waste (MSW) and construction and demolition (C&D) debris by railroad and claimed that 

as ‘‘railroads’’ they were Federally protected from complying with 

local health, safety, and environmental laws. The Surface Transportation Board, which currently has Federal jurisdiction over railroad rate, service, and restructuring issues, including construction 

of new rail lines and facilities, has not actively exercised that jurisdiction over railroads that also handle and process solid waste, 

leaving many of these facilities wholly unregulated by any entity. 

The lack of regulation of these facilities has allowed certain rail 

waste transfer and processing facilities to engage in practices that 

are widely considered unsafe and detrimental to health, safety, and 

the environment. It is anticipated that due to increased demand for 

new solid waste disposal methods for densely populated regions of 

the United States that the business of processing and handling 

solid waste and shipping it via rail will increase throughout the nation in the future. 

SUMMARY OF PROVISIONS

RAILROAD SAFETY STRATEGY AND RISK REDUCTION PROGRAMS

To refocus the Secretary’s railroad safety programs and to further reduce the numbers and rates of accidents, injuries, and fatalities, the bill would require the Secretary to develop and submit 

with the President’s budget a long-term strategy for improving railroad safety. The strategy would have to address several goals, including improving the consistency and effectiveness of enforcement 

programs, improving the identification of high-risk highway-rail 

grade crossings; preventing trespasser accidents, injuries, and fatalities; and improving the safety of railroad bridges and tunnels. 

The bill would also authorize a railroad safety risk reduction program, which has proven successful in other industries and in other 

countries for reducing accidents and injuries. This type of program 

first requires an identification of root causes of accidents, injuries, 


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and fatalities, and then requires the development of a program to 

manage railroad operations and infrastructure, including human 

behavior, to prevent these root causes from occurring. To test this 

concept within the U.S. railroad industry, the bill would require 

the Secretary to develop, implement, and complete a railroad safety 

risk reduction pilot program within four years. The FRA has already begun to conduct research with the railroad industry in an 

effort to collect accident, incident, and fatality precursor data. The 

pilot program would be expected to be conducted in conjunction 

with this on-going research. 

This pilot program would be geared at systematically identifying 

and evaluating railroad safety risks, including collecting data about 

precursors to accidents that may not be readily identifiable through 

traditional inspection methods. Based on the risks identified, the 

Secretary would develop a program to manage those risks to improve safety by reducing the numbers and rates of accidents, injuries, and fatalities. The pilot program would be voluntary and those 

choosing to participate would submit applications to the Secretary. 

Six months after the completion of the project, the Secretary would 

be required to submit a report to Congress evaluating the pilot program. The bill would authorize funds for a grant program for railroads and railroad facilities selected by the Secretary to implement 

the program. 

Based on the evaluation and best practices gleaned from the pilot 

program, the Secretary would be required to develop regulations 

requiring each Class I railroad; railroad that the Secretary determines has inadequate safety performance; and railroad that provides intercity passenger or commuter rail passenger transportation to develop its own railroad safety risk reduction program. 

Similar to the risk reduction pilot program, railroads covered by 

these regulations would be required to perform system-wide safety 

analyses and develop an individualized program to address identified risks. If the identified risks could be reduced through the implementation of fatigue management methods or improved safety 

technology, the program would have to include a fatigue management plan and a technology implementation plan. If a PTC system 

is identified as an appropriate technology under the technology implementation plan, then a railroad would have to include a schedule for implementation of the PTC system by a date not later than 

December 31, 2018. 

HOURS OF SERVICE REFORM

To further reduce incidents of fatigue-related accidents, injuries, 

and fatalities, the bill would change the current HOS laws to reduce the number of hours that employees may work and increase 

the amount of rest and off-duty time provided to employees. Most 

notably, the bill increases the amount of rest required for train and 

signal employees to 10 hours within a 24-hour period and institutes 

a new monthly cap that limits the amount of time that train employees may be on duty and the amount of time waiting for transportation to a place of final release from work (‘‘deadhead transportation’’) at the end of the 12 hour maximum on-duty period, known 

as ‘‘limbo time,’’ to 276 hours per month. The bill would also cap 

the total number of hours that an employee could spend on-duty 

and waiting for deadhead transportation on a train at 15 hours, 


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unless that train was delayed by an accident, a major equipment 

failure, or a delay resulting from a cause unknown and unforeseeable to a railroad carrier. Additionally, the bill would, for the first 

time, mandate rest days for train employees following long periods 

of consecutive days on-duty. The bill would require that such employees who work six days consecutively receive two consecutive 

days off at a home terminal, or alternatively, require that train employees who work seven days consecutively receive three consecutive days off at a home terminal, if such an arrangement is allowed 

under an existing collective bargaining agreement. The bill also 

would prohibit railroads from communicating with their employees 

during their 10 hours of time off-duty in a manner that could reasonably be expected to disrupt their rest, with the exception of notifying an employee of an emergency situation. 

The changes in the bill are intended to provide significant flexibility for railroads and labor organizations, consistent with improving railroad safety. The Committee recognizes that scheduling practices included in current or future collective bargaining agreements 

may provide for levels of safety beyond what is achieved through 

simple compliance with the existing HOS statute. Additionally, the 

Committee is sensitive to the impacts on efficient railroad operations and the earning potential for employees that any changes to 

the existing system may cause. The bill is structured to provide 

sufficient flexibility by providing several safe alternate scenarios 

for compliance. 

HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND

TRESPASSER PREVENTION

The bill would target gaps in the area of highway-rail grade 

crossing safety and enforcement to help the FRA and States to better combat highway-rail grade crossing, pedestrian, and trespasser 

accidents, injuries, and fatalities. It also would require railroads 

and States to update information about warning devices and signage at highway-rail grade crossings in the National Crossing Inventory. The bill also would require the Secretary to identify on an annual basis the States receiving funds for Federal highway-rail 

grade crossing projects that had the most highway-rail grade crossing collisions in the previous year. As a condition of receiving future funds, each of the States identified by the Secretary would be 

required to develop a State Grade Crossing Action Plan that identifies solutions for improving safety at grade crossings. 

The bill also would require the Secretary to issue guidance to 

railroads on strategies and methods to prevent pedestrian accidents; prescribe regulations to require railroads to improve sight 

distance at highway-rail grade crossings; develop regulations to require railroads to establish and maintain a telephone number to be 

posted at each highway-rail grade crossing for the public to report 

problems at highway-rail grade crossings; and to prevent trespassing. 

The Committee notes that a significant proportion of the total 

highway-rail grade crossing accidents occur in the States with the 

10 highest levels of such accidents, largely due to the high number 

of crossings, density of train traffic, and number or route miles 

within such States. Therefore, the Committee believes focusing efVerDate Aug 31 2005 06:47 Mar 04, 2008 Jkt 069010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6601 E:\HR\OC\SR270.XXX SR270

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forts on reducing accidents in these States will have a significant 

impact on the national total. 

FEDERAL RAILROAD ADMINISTRATION

S. 1889 includes a number of provisions to improve upon and 

strengthen the FRA’s railroad safety program. To emphasize the 

importance of railroad safety, the bill would establish safety as the 

FRA’s highest priority and designate the Associate Administrator 

for Railroad Safety as the Chief Safety Officer. To ensure that the 

FRA has the necessary expertise to implement the provisions of 

this bill and generally increase the agency’s safety regulatory capabilities, the bill would require the FRA to hire 200 additional employees by FY 2013, with a focus on hiring employees who are specifically trained in areas determined to be critical to enhancing 

railroad safety. The bill also would further enhance the FRA’s enforcement program by increasing the maximum civil penalty to 

$25,000 and the maximum civil penalty for a grossly negligent violation or a pattern of repeated violations that has caused an imminent hazard of death or injury to individuals, or has caused death 

or injury to $100,000. Additionally, the bill would grant the FRA 

the authority to prohibit individuals from performing safety-sensitive functions if they are found to have committed a violation of 

hazardous materials transportation law and would enhance the 

FRA’s railroad radio monitoring authority for the purpose of accident prevention and accident investigation. Finally, the bill would 

provide certain Federal railroad security officers with access to lawenforcement information for the purpose of carrying out the civil 

and administrative responsibilities of the FRA Administrator. 

In response to lessons learned from recent natural disasters, including Hurricanes Katrina and Rita in 2005, S. 1889 would create 

a new emergency waiver process to assist railroads in quickly recovering after an emergency situation. The bill would grant the 

FRA the authority to issue to a requesting railroad an emergency 

waiver to Federal railroad safety regulations, without a public comment period, for a duration not exceeding nine months if the waiver is directly related to an emergency event or necessary to aid in 

a recovery effort related to such an event and if the granting of 

such a waiver is in the public interest and consistent with railroad 

safety. The FRA would be required to provide notice and an opportunity for a hearing subsequent to granting a waiver. 

This bill also would improve transparency of the FRA’s enforcement program by requiring the FRA to publish an annual report 

on enforcement actions that it has taken in the prior year, including the number of inspections it conducted; the amount of penalties 

assessed against railroads, hazardous materials shippers, and individuals; the amount of those penalties that were reduced; and a 

listing of compliance orders, emergency orders, and precursor 

agreements. The FRA also would be required to analyze the effect 

of its enforcement actions on the number and rates of reported accidents and incidents. The FRA also would be required to update its 

public website to include a mechanism for the public to report potential railroad safety and hazardous materials transportation violations. 

In establishing safety as the FRA’s highest priority, the Committee does not intend to diminish the railroad development and 


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3Public Law 101–336 

other related work that does not directly impact railroad safety 

that is carried out by the agency. Instead, the Committee expects 

the FRA to continue, and in fact expand, those efforts as evidenced 

by a significant increase in the FRA’s role in intercity passenger 

railroad development envisioned in S. 294, the Passenger Rail Investment and Improvement Act of 2007, which was reported by the 

Committee on April 25, 2007, and approved by the Senate on October 30, 2007. 

RAILROAD SAFETY ENHANCEMENTS

Despite the generally safe nature of railroad operations, there 

are still areas that need significant improvement. To better ensure 

that all railroad carrier and railroad carrier contractor and subcontractor employees are fully trained to safely conduct their job functions, the bill would require the Secretary to issue regulations requiring railroad carriers and railroad carrier contractors and subcontractors to develop training plans for crafts and classes of employees. Employees would be required, at a minimum, to be trained 

on the requirements of Federal railroad safety laws, regulations, 

and orders and to be tested on their proficiency in the subject matter of the training. The railroad carriers and railroad carrier contractors and subcontractors would be required to submit the plans 

to the FRA for review and approval. The Secretary would have the 

authority to exempt railroad carriers or railroad carrier contractors 

and subcontractors from submitting training plans if the Secretary 

has issued training regulations prior to the bill’s enactment. 

S. 1889 also would authorize a series of studies and reports to 

further investigate railroad safety matters. One study would require the Secretary to determine whether the intervals of track inspections for each class of track should be amended, track remedial 

action requirements should be amended, and different track inspection and repair priorities or methods should be required. The Secretary would be required to issue and implement recommendations 

for changes to the Federal track safety standards based on the results of the study. Another study would evaluate the safest, most 

efficient, and cost-effective way to improve the safety of railroad 

passenger station platform gaps in order to increase compliance 

with the Americans with Disabilities Act (ADA) 3 and its implementing regulations and to minimize the safety risks associated 

with such gaps for railroad passengers and employees. An additional study would require the Secretary to review the use of personal electronic devices, including cell phones, video games, and 

other distracting devices by safety related employees during the 

performance of such employees’ duties and would grant the Secretary the authority to issue regulations to prohibit the use of such 

devices or to otherwise improve the safety of the locomotive cab environment after the report has been issued. The Secretary also 

would be required to complete a report to examine whether certification of certain crafts or classes of employees is necessary to reduce the number and rates of accidents and incidents or to improve 

railroad safety, and the bill would authorize the Secretary to issue 


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regulations requiring certification of certain crafts or classes of employees based on the findings in the report. 

Recognizing that many of the provisions of S. 1889 could lead to 

the need for significant new safety investments by railroads carriers and that the Federal government and the nation has an interest in seeing such investments made promptly, the bill would authorize two grant programs for railroads, railroad suppliers, and 

State and local governments to improve railroad safety. The first 

program would authorize grants for the deployment of train control 

technologies, ECP brakes, rail integrity inspection systems, rail integrity warning systems, switch position indicators, remote control 

power switch technologies, track integrity circuit technologies, and 

other new or novel railroad safety technology. Grants would be 

available for projects that benefit the public by improving safety 

and railroad network efficiency, with priority given to projects that 

focus on deploying train control technologies within high-risk corridors, increasing technology interoperability, or benefitting both 

passenger and freight railroad operations. The bill would authorize 

$20,000,000 for each of FY 2008 through FY 2013. The second 

grant program contained in the bill would authorize grants for 

safety improvements to railroad infrastructure and facilities, including track, bridges, tunnels, yards, buildings, passenger stations, facilities, and maintenance and repair shops. In awarding 

grants, the Secretary would be required to consider the age and 

condition of the rail infrastructure of the applicant, the railroad’s 

safety record, the volume of hazardous materials transported by 

the railroad, the operation of passenger trains over the railroad, 

and whether the railroad has submitted a railroad safety risk reduction program. The bill would authorize $15,000,000 for FY 2008 

through FY 2013. 

Because many new rail safety technologies are already in various 

stages of development and deployment, the bill would require the 

Secretary to issue standards, guidance, regulations or orders governing the development, use, and implementation of new rail safety 

technology in un-signaled, or ‘‘dark’’ territory. Such new technology, 

including switch position monitoring devices and remote control 

switches could significantly enhance the safety of train operations 

on un-signalized routes at costs significantly lower than the cost of 

full centralized traffic control (CTC) signalization. 

RAIL PASSENGER DISASTER FAMILY ASSISTANCE

The bill would establish a process for the NTSB to provide assistance to families affected by rail passenger train disasters similar 

to the process now employed by the NTSB for providing assistance 

to families of aviation passenger disaster victims. The bill would require the Chairman of the NTSB to designate and publicize the 

name and phone number of a director of family support services 

and an independent non-profit organization to coordinate and provide services to families of passengers involved in railroad accidents. It would define the responsibilities of the NTSB and the designated non-profit organization in post-rail accident situations. 

It also would require rail passenger carriers, not later than six 

months after the date of enactment of this Act, to submit to the 

Chairman of the NTSB, the Secretary, and the Secretary of the Department of Homeland Security, a plan for addressing the needs of 


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families of passengers involved in any rail passenger accident involving an Amtrak intercity train and resulting in loss of life. It 

would authorize $500,000 for FY 2008 for the Secretary to carry 

out this new section. 

The Secretary, in cooperation with the NTSB, also would be required to create a task force, which includes rail passenger carriers 

and families who have been involved in rail accidents, to develop 

a model plan and recommendations on how passenger railroad carriers can provide assistance and notification to families of those 

passengers involved in railroad accidents. 

CLARIFICATION OF JURISDICTION OVER SOLID WASTE FACILITIES

The bill would make changes to the Solid Waste Disposal Act 

and the jurisdiction of the Surface Transportation Board to clarify 

what environmental, health, and safety laws, regulations, and orders are applicable to railroad carriers that also process or store 

solid waste. The changes would require solid waste rail transfer facilities, within one year, to submit a completed application for permits from State and local jurisdictions in order continue to operate. 

The Committee approved this provision with the basic understanding that State and local governments are best equipped to 

regulate such facilities and that these facilities should generally be 

treated in a similar manner to other solid waste transfer facilities 

that are not associated with rail transportation. The Committee 

continues to work to refine this provision. 

LEGISLATIVE HISTORY

S. 1889 was introduced on July 26, 2007, by Senator Lautenberg 

and co-sponsored by Senators Smith, Clinton, Schumer, and Kerry 

and was referred to the Senate Committee on Commerce, Science, 

and Transportation. A hearing on safety issues facing the railroad 

industry and a hearing on RSEA were held by the Commerce Committee’s Subcommittee on Surface Transportation and Merchant 

Marine Infrastructure, Safety, and Security on May 22, 2007, and 

July 26, 2007, respectively. On September 27, 2007, the Committee 

met in open executive session and, by voice vote, ordered S. 1889 

reported favorably, as amended, with an amendment in the nature 

of a substitute. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

NOVEMBER 30, 2007. 

Hon. DANIEL K. INOUYE, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1889, the Railroad Safety 

Enhancement Act of 2007. 


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15 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Sarah Puro. 

Sincerely, 

PETER R. ORSZAG

Enclosure. 

S. 1889—Railroad Safety Enhancement Act of 2007 

Summary: CBO estimates that S. 1889 would authorize the appropriation of about $1.9 billion over the 2008–2012 period. Those 

amounts include funds for: 

• Operating the Federal Railroad Administration (FRA); 

• Building a rail facility in Pueblo, Colorado; 

• Providing 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. 

Assuming appropriation of the amounts authorized and estimated to be necessary, CBO estimates that implementing the bill 

would cost about $1.3 billion over the 2008–2012 period and about 

$600 million after 2012. 

CBO estimates that additional penalties of $60 million over the 

2008–2017 period would be collected under the bill. Penalty collections are classified as revenues in the budget. Enacting S. 1889 

could increase direct spending, but CBO estimates that any increase in direct spending would be insignificant. 

S. 1889 contains several intergovernmental and private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA). The bill would require railroads to limit the number of 

hours worked by employees, certify and train employees, carry out 

safety procedures, and report certain information. It also 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 compliance 

costs for those entities would not exceed the annual threshold established in UMRA for intergovernmental mandates ($66 million in 

2007, adjusted annually for inflation). Depending on future regulations, the cost to comply with some of the safety requirements 

could be substantial for private entities. However, because the cost 

for private entities to comply with those requirements is uncertain, 

CBO has no basis for determining whether the aggregate costs of 

mandates in the bill would exceed the annual threshold established 

in UMRA for private-sector mandates ($131 million in 2007, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1889 is shown in the following table. The costs 

of this legislation fall within budget function 400 (transportation). 

Basis of estimate: For this estimate, CBO assumes that S. 1889 

will be enacted near the start of calendar year 2008, that the authorized and necessary amounts will be appropriated each year, 

and that outlays will follow the historical rate of spending for similar programs. 


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SPENDING SUBJECT TO APPROPRIATION

S. 1889 would reauthorize the programs of FRA through 2013. 

The current authorization for FRA expired at the end of fiscal year 

1998 (although the agency has received appropriations in the intervening years). The legislation would specifically authorize the appropriation of about $1.9 billion over the next six years for FRA 

programs, including grants to improve the safety of rail operations. 

Of that total, DOT could use up to $271 million for research and 

development. In addition, title 5 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. 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION a

Federal Rail Administration Programs: 

Authorization Level ......................................................................................... 245 260 270 280 290

Estimated Outlays .......................................................................................... 172 219 253 275 285 

Pueblo, Colorado, Facility: 

Authorization Level ......................................................................................... 18 0 0 0 0 

Estimated Outlays .......................................................................................... 11 4 2 1 0 

Grants for Programs to Increase Rail Safety: 

Authorization Level ......................................................................................... 37 38 38 37 37 

Estimated Outlays .......................................................................................... 5 17 28 34 36 

NTSB Assistance after Rail Accidents: 

Estimated Authorization Level ....................................................................... 1 1 1 1 1 

Estimated Outlays .......................................................................................... 1 1 1 1 1 

Total Spending Under S. 1889: 

Estimated Authorization Level ....................................................................... 301 299 309 318 328 

Estimated Outlays .......................................................................................... 189 241 284 310 322 

CHANGES IN REVENUES b

Estimated Revenues ................................................................................................ 6 6 6 6 6 

a. For 2008, a full-year appropriation has not yet been provided to the Department of Transportation; 2007 appropriations for programs that would be authorized by S. 1889 totaled about $200 million. b. CBO estimates that additional revenues of $6 million would be collected each year over the 2013–2017 period. 

Federal Rail Administration (FRA)—The bill would require railroad operators to comply with new safety requirements in the bill 

and would require FRA to establish a chief safety officer. Under 

the provisions of the bill, FRA would: 

• Administer new safety grants; 

• Establish pilot programs to evaluate and manage risks to safety on railroads and reduce fatigue of rail employees; 

• Hire new employees; 

• 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 about $1.6 billion 

over the 2008–2012 period, and $337 million in 2013 for support 

of those programs. CBO estimates that implementing those provisions would cost $1.3 billion over the 2008–2012 period, and about 

$600 million thereafter. 


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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 

Testing and Training 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.—S. 1889 would direct FRA to administer three new grant programs. Assuming appropriation of the specified amounts, CBO estimates that grants 

would cost $120 million over the 2008–2012 period and $104 million thereafter. The grants would support the increased use of technologies and the construction, improvement, and rehabilitation of 

infrastructure to increase rail safety. The grants also would support Operation Lifesaver—a nonprofit organization with the mission to end accidents at grade crossings. 

Grants for the Deployment of Railroad Safety Technology.—Section 406 would authorize the appropriation of funds to support the 

deployment of several technologies intended to increase the safety 

of rail operations. The bill would authorize the appropriation of $20 

million annually over the 2008–2013 period for such grants. 

Grants for Operation Lifesaver.—Section 206 would direct FRA 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), Oper- ation Lifesaver receives $560,000 a year of contract authority 

(budget authority that is subject to annual obligation limitations) 

through fiscal year 2009. The bill would specifically authorize the 

appropriation of an additional $2 million annually over the 2008– 2010 period and $1.5 million annually over the 2011–2013 period 

for Operation Lifesaver. 

NTSB Assistance After Rail Accidents.—Title 5 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

S. 1889 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 FRA, under current law, such 

civil fines generate about $15 million in revenues annually. CBO 

expects that an increase in the fines would decrease the number 


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of violations, but we expect that the increased penalties would generate additional revenues of $6 million a year. 

Intergovernmental and private-sector impact: S. 1889 contains 

several intergovernmental and private-sector mandates as defined 

in UMRA because it would require railroads to comply with new 

safety standards and procedures. It also 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). Depending on future regulations, the cost to comply with some of the 

safety requirements could be substantial for private entities. However, because the cost for private entities to comply with those requirements is uncertain, CBO has no basis for determining whether the aggregate costs of mandates in the bill would exceed the annual threshold established 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 participation in grant 

programs and would be incurred voluntarily. 

MANDATES THAT AFFECT BOTH THE PUBLIC AND PRIVATE SECTOR

By requiring railroads to carry out safety procedures, limit the 

number of hours worked by employees, report certain information, 

and certify and train employees, and by preempting certain state 

laws, S. 1889 would impose both intergovernmental and privatesector mandates as defined in UMRA. 

Mandates with Uncertain Costs. CBO cannot estimate the total 

costs of several mandates in the bill because we do not have sufficient information about how railroads would choose to adjust their 

employees’ schedules to comply with the restrictions, and because 

costs would depend upon future actions of the Secretary of Transportation. Those mandates would: • Require railroads to submit plans to address technology improvements, railroad worker fatigue, and infrastructure safety; • Increase restrictions on the number of hours that signalmen 

and train crews are allowed to work over certain time periods; • Require that railroads report information on the status of 

grade crossings; 

• 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; 

• Increase restrictions on the use of personal electronic devices 

by certain railroad employees; 

• Require freight railroads, and any other railroads deemed appropriate, to submit plans to address the needs of employees that 

are involved in accidents; and 

• Require railroads to use rail safety technology in certain areas. 

Mandates with Minimal Costs. The bill would require railroads 

to carry out procedures to prevent accidents and to enhance recovery efforts. It also would establish new protections for railroad emVerDate Aug 31 2005 06:47 Mar 04, 2008 Jkt 069010 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\SR270.XXX SR270

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ployees. Those mandates would impose minimal additional costs on 

railroads 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 and the private sector to address some of these requirements. 

MANDATES THAT AFFECT ONLY THE PUBLIC SECTOR

The bill would preempt state laws that require railroads to use 

certain technology at highway-rail crossings. It also would preempt 

state laws that require operators of solid waste facilities to secure 

a permit before operating such facilities. The bill also would give 

the Administrator of the FRA the right to (1) access criminal justice data maintained by the states, (2) use state or local radio, data 

links, or warning systems that provide public safety information, 

and (3) receive communications from state or local police officers. 

CBO estimates that the additional costs to state, local, and tribal 

governments of complying with the preemptions and the other 

mandates in the bill would be small. 

MANDATES THAT AFFECT ONLY THE PRIVATE SECTOR

The bill would impose additional mandates that affect only private rail carriers. If rail carriers provide sleeping quarters for their 

employees, those quarters must be equipped with toilet facilities, 

potable water, and other features that would protect the health of 

their employees. According to industry sources, most sleeping quarters are already equipped with similar features. Because compliance with this mandate would involve only a small adjustment in 

current procedures, CBO estimates the cost to those entities would 

be small relative to the annual threshold. 

The bill also would require the Secretary of Transportation to 

regulate the use of camp cars by railroads, which may include the 

prohibition of camp cars. Camp cars are mostly used by railroad 

carriers operating in remote areas where sleeping accommodations 

are not readily available. Given that few railroad carriers use camp 

cars as sleeping quarters, CBO estimates that the cost to comply 

with this mandate also would likely be small. 

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. Any costs those entities might incur would result 

from complying with conditions of federal assistance. 

Previous CBO Estimate: On July 3, 2007, CBO transmitted a 

cost estimate for H.R. 2095, the Federal Railroad Safety Improvement Act of 2007, as ordered reported by the House Committee on 

Transportation and Infrastructure. That bill would authorize appropriations over the 2008–2011 period for FRA operations and 

would reorganize that agency, changing its name to the Federal 

Rail Safety Administration. The differences in CBO’s estimates reflect differences between the two bills. 


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Estimate prepared by: Federal Spending: Sarah Puro; Federal 

Revenues: Zachary Epstein; Impact on State, Local, and Tribal 

Governments: Elizabeth Cove; Impact on the Private Sector: Jacob 

Kuipers. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 1889 is intended to reauthorize the FRA, require railroads to 

make changes to improve railroad safety, authorize appropriations 

for FRA programs, research and development, and grants for 6 

years. The bill affects the DOT, the FRA, and other entities already 

subject to DOT and FRA rules and regulations, and, therefore, the 

number of persons covered should be relatively consistent with the 

current levels of individuals impacted under existing laws and regulations. 

ECONOMIC IMPACT

S. 1889 is not expected to have an adverse impact on the U.S. 

economy. While certain provisions would require new or additional 

safety expenditures by railroad carriers and may reduce the number of hours that individual railroad employees may work, in total, 

it is anticipated that much of these costs will be offset by positive 

public and private economic benefits stemming from decreased railrelated accidents, injuries, and fatalities, and increased productivity. For further analysis of the economic impact on the private 

sector, see page —— of the CBO estimate. 

PRIVACY

S. 1889 would have minimal to no effect on the privacy rights of 

individuals. 

PAPERWORK

The Committee anticipates an increase in paperwork burden requirements for private individuals or businesses. In those areas 

where the bill does require additional paperwork, it is aimed at collecting information from the industry to assist in further identifying safety problems. 

Sections 103 and 104 would require certain railroads to develop 

railroad safety risk reduction programs. The programs would have 

to be submitted to the FRA for review and approval and, once approved, would be required to be implemented by the covered railroad. The bill also would make grants available to develop and implement such programs as part of a pilot project and participants 

would be required to submit relevant paperwork to request such a 

grant. 

Section 106 would require railroads to report instances when an 

employee exceeded the permissible HOS law, which would include 

different requirements than those under the HOS laws in place 


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prior to enactment of the bill. Railroads are already required to report hours in excess of the requirements so the additional reporting 

requirements would be minimal. 

Under section 202, certain States identified by the DOT would be 

required to submit grade crossing action plans to the DOT and to 

revise any deficiencies in those plans. 

Section 204 would require railroads and States to report information about grade crossings to the DOT National Grade Crossing Inventory to identify protections provided at highway-rail grade 

crossings. Many of these entities already report information to the 

Inventory on a voluntary basis. The updated information would assist the DOT in better addressing grade crossing issues. 

Section 401 would require that the Secretary issue regulations to 

require railroad carriers and railroad carrier contractors and subcontractors to develop and submit training plans for certain crafts 

and classes of employees. 

Section 412 would require any group of commonly controlled railroad carriers that want to be treated as a single carrier for the purposes of one or more provisions of subtitle V, part A of title 49, 

United States Code, to send a petition to the Secretary requesting 

such treatment. Initially, this would be a minimal burden on a 

group of railroad carriers to provide documents regarding their operations and corporate structure; however, in the long term, the 

provision could significantly reduce paperwork burdens under various other statutes and regulations. 

Section 415 would require that the Secretary mandate that certain railroad carriers develop a critical incident stress plan. Some 

railroads have similar, although informal, plans currently in place. 

Updating such plans should be of minimal consequence. 

Section 602 would require solid waste rail transfer facilities to 

submit applications for proper permits to operate the facility. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; Table of Contents; Amendment of Title 49. 

The short title would be the ‘‘Railroad Safety Enhancement Act 

of 2007.’’ This section would provide a table of contents and would 

state that an amendment or repeal made by this Act is to title 49, 

United States Code, unless expressly stated otherwise. 

Section 2. Definitions. 

This section would provide definitions for certain terms for the 

purpose of this Act. Included in these definitions would be a slightly narrower definition of the term ‘‘crossing’’ than exists in other 

statutes. This definition of ‘‘crossing’’ would not supersede definitions of crossing in existing statutes, and would only apply to this 

term as it is used in this Act. Additionally, this section would provide a definition of ‘‘safety-related’’ employees that would cover the 

traditional ‘‘frontline’’ employees of a railroad whose jobs are clearly related to railroad safety and who either directly impact, or are 

directly impacted by, railroad operations. This definition may also 

include other employees that are not typically considered ‘‘frontline’’ employees if the Secretary determines that such employees directly affect railroad safety. 


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Section 3. Authorization of Appropriations. 

This section would authorize appropriations for existing FRA rail 

safety programs and responsibilities; new programs and responsibilities required under this Act; rail safety-related research and 

development; the purchasing of track inspection vehicles or other 

comparable track inspection technologies; the construction of a railroad station and tunnel testing and training facility at the TTCI 

facility in Pueblo, Colorado; and the salaries and benefits of existing FRA employees and the hiring of new rail safety and security 

personnel. 

The Committee expects that the authorization of funding for the 

station and tunnel facility at TTCI would significantly expand the 

training and research value of the facility for passenger and commuter rail safety and security. This enhancement of this facility 

would complement the recent addition of TTCI to the National Domestic Preparedness Consortium in the Implementing Recommendations of the 9/11 Commission Act of 2007. The Committee 

also notes that in authorizing the purchase of gage restraint measurement system and track geometry vehicles that these technologies may be overtaken by advancements in track safety technologies or may otherwise no longer be needed or appropriate. Because of this, the bill would allow the Secretary to purchase ‘‘other 

comparable technology’’ if another technology would be more appropriate in helping the FRA improve track safety. The Committee expects that the Secretary would use, in part, the results of the study 

required under section 403 to help determine what technologies 

would be most appropriate to purchase under this authorization. 

TITLE I. RAILROAD RISK REDUCTION AND STRATEGY

Section 101. Establishment of Chief Safety Officer. 

This section would amend section 103 of title 49, United States 

Code, to include a provision that establishes safety as the FRA’s 

highest priority. It would also designate the Associate Administrator for Railroad Safety as the Chief Safety Officer. 

Section 102. Railroad Safety Strategy. 

This section would require the Secretary to develop and submit, 

together with the President’s annual budget submission, a longterm strategy and annual plan for improving railroad safety. The 

strategy would identify ways to: 

• Reduce the number and rates of accidents, injuries, and fatalities involving railroads including train collisions, train 

derailments, and human factors-related accidents; 

• Improve the consistency and effectiveness of the DOT’s enforcement and compliance programs; 

• Improve the identification of high-risk highway-rail grade 

crossings, strengthen enforcement, and make other safety improvements to increase grade crossing safety; 

• Improve research efforts to enhance and promote railroad 

safety and performance; 

• Prevent railroad trespasser accidents, injuries, and fatalities; and 

• Improve the safety of railroad bridges, tunnels, and related 

infrastructure to prevent accidents, injuries, and fatalities 


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caused by catastrophic failures and other bridge and tunnel 

failures. 

The strategy and plan would be required to include estimates of 

funds and resources, including staff skills and training required, to 

accomplish each goal set. The Secretary would be required, annually, to assess and report to Congress the Administration’s progress 

toward meeting the strategic goals set. 

Section 103. Railroad Safety Risk Reduction Pilot Program. 

This section would require that the Secretary develop a four-year 

railroad safety risk reduction pilot program to systematically evaluate and manage railroad safety risks with the goal of reducing the 

numbers and rates of railroad accidents and injuries. In developing 

the railroad safety risk reduction pilot program, the Secretary 

would select railroads or railroad facilities to participate in the program through a voluntary application process. The Secretary would 

select the railroads or railroad facilities to participate based on a 

number of criteria and should, to the extent possible, try to select 

a range of railroads or facilities that represents the various types 

and sizes of railroads within the U.S. industry, including 

shortlines. The Committee is providing latitude to the Secretary to 

determine exactly what appropriately constitutes a ‘‘railroad facility’’ under this provision but intends this term to mean a major terminal or route; region, division, or subdivision; repair facility; or 

other substantial railroad facility of sufficient size to provide meaningful data about the risk reduction program process. 

After selecting the participating railroads or railroad facilities, 

the Secretary would then, in coordination with selected railroads, 

railroad facilities, and the nonprofit employee labor organizations 

that represent safety-related railroad employees employed at such 

railroad or railroad facility, at a minimum: 

• Identify the aspects of a selected railroad or railroad facility, including operating practices, infrastructure, equipment, 

employee levels and schedules, safety culture, management 

structure, employee training, and other matters, including 

those not covered by railroad safety regulations or other Federal regulations, that impact railroad safety; 

• Evaluate how these aspects of a selected railroad or railroad facility increase or decrease risks to railroad safety. 

• Develop a safety risk reduction program to improve the 

safety of a selected railroad or railroad facility by reducing the 

numbers and rates of accidents and injuries through the mitigation of the aspects of a selected railroad or railroad facility 

that increase risks to railroad safety and through the enhancement of aspects of a selected railroad or railroad facility that 

decrease risks to railroad safety; and 

• Incorporate into the program the consideration and use of 

existing, new, or novel technology, operating practices, risk 

management practices, or other behavior-based practices that 

could improve railroad safety at the selected railroad or railroad facility. 

The selected railroad or railroad facility would be required to implement the comprehensive safety risk reduction program developed and ensure that all employees at the selected railroad or railroad facility have received training on the program. The Secretary 


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would be required to evaluate the pilot project and submit a report 

to relevant Congressional Committees on the results. Additionally, 

the Secretary would be required to establish a grant program to encourage participation in the pilot program, particularly participation by smaller railroad carriers that might not have the financial 

means to otherwise participate in such a program. This section 

would authorize $1 million annually for FY 2009 and FY 2010 for 

the purpose of making such grants and otherwise carrying out this 

section. If no funds were to be appropriated pursuant to the authorization within this section, the Committee would expect the 

FRA to fund this pilot program through the authorized amounts 

under section 3 of the Act and make grants for the purposes of this 

section using such amounts. 

Section 104. Railroad Safety Risk Reduction Program. 

Using the knowledge and experience gained under the pilot program required under section 103 of the Act, this section would direct the Secretary to issue regulations requiring certain railroads 

to develop and implement railroad safety risk reduction plans no 

later than 5 years after enactment of the Act. Each Class I railroad, each railroad that the Secretary determines has inadequate 

safety performance, and each railroad that provides intercity passenger or commuter rail passenger transportation would be required to develop and implement a railroad safety risk reduction 

program that systematically evaluates railroad safety risks and 

manages those risks in order to reduce the numbers and rates of 

railroad accidents and injuries. Each covered railroad would be required to conduct a system-wide risk analysis covering all safetycritical railroad operations and develop a program to mitigate aspects that increase identified risks and enhance aspects that decrease identified risks. Each program would be required to be submitted to and approved by the FRA. The chief official responsible 

for safety of each railroad required to submit a program would be 

required to certify that the contents of the program are correct and 

that the railroad will fully implement the program. The Secretary 

would have the authority to waive compliance with all or part of 

this section, as appropriate. Railroads not subject to this section 

would also be permitted to voluntarily comply with this section. 

Each program would be required to contain a technology implementation plan that describes the railroad’s ten-year plan for development, adoption, implementation, and use of current, new, or 

novel technologies on its system to reduce safety risks identified 

under the railroad safety risk reduction program. The plan would 

analyze the safety impact, feasibility, and costs and benefits of implementing technologies that could mitigate risks to railroad safety 

identified in the risk analysis required under this section and 

would contain a prioritized implementation schedule for the development, adoption, implementation, and use of current, new, or 

novel technologies on its system to reduce identified safety risks. 

Each program for which fatigue has been shown to be a significant source of risk also would be required to contain a fatigue management plan designed to reduce the fatigue experienced by railroad employees engaged in safety-sensitive service and to reduce 

the likelihood of accidents and injuries caused by fatigue. Each fatigue management plan would be required to take into account the 


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varying circumstances of operations by the railroad carrier on different parts of its system and prescribe appropriate fatigue countermeasures to address those varying circumstances. 

In developing its program, each railroad carrier would be required to consult with, 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 safety risk reduction program. If consensus cannot be reached, labor organizations representing employees affected may file a statement with the Secretary explaining their views on the plan on which consensus was 

not reached. The Committee expects the Secretary to consider opposing views filed with the Secretary under this provision when deciding whether to approve a plan or to impose conditions when approving a plan. 

The Secretary would have the authority to assess civil penalties 

pursuant to chapter 213 of title 49, United States Code, for a violation of this section, including but not limited to failure to submit, 

certify, or comply with a safety risk reduction program, technology 

implementation plan, or fatigue management plan. 

The Committee intends for the Secretary to use the waiver process under section 20103 of title 49, United State Code, when considering requests by a railroad to waive compliance with all or part 

of this section or regulations developed pursuant to this section. 

The Committee explicitly included this waiver authority because it 

could contemplate various instances when compliance with all or 

part of this section would be not necessary to achieve the aims of 

improving rail safety or such compliance could needlessly disrupt 

existing successful risk reduction strategies or programs employed 

by railroads. 

Section 105. Positive Train Control System Implementation. 

This section would require that the Secretary ensure that each 

railroad required to submit a railroad safety risk reduction program under section 104 that includes in its technology implementation plan a schedule for implementation of a PTC system complies 

with that schedule and implements its PTC system no later than 

December 31, 2018. 

Section 106. Hours of Service Reform. 

This section would modify, one year after the date of enactment 

of the Act, the current HOS limits for train and signal employees 

and provide the Secretary rule-making authority over HOS. Under 

this section, monthly hours for train employees would be capped at 

276 hours. This 276-hour cap would include both time on duty and 

time spent waiting for transportation, or in deadhead transportation, to a point of final release, known as ‘‘limbo time.’’ Train employees would not be permitted to remain on duty for more than 

12 consecutive hours, or remain or go on duty unless the employee 

has had 10 consecutive hours off-duty in the prior 24 hours. A train 

employee who initiates an on-duty period for 6 consecutive days 

would need to be given 48 consecutive hours of rest at the employee’s home terminal before returning to work; a train employee who 

initiates an on-duty period for 7 consecutive days, if permitted by 

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turning to work. The Secretary would be permitted to waive these 

requirements for consecutive days off, consistent with the procedural requirements of section 20103, if a collective bargaining 

agreement provided a different arrangement and such an arrangement would be in the public interest and consistent with railroad 

safety. This section would further require the railroad to provide 

train employees, at the employees’ election, with additional time off 

duty equal to the time an employee spends in limbo time beyond 

12 consecutive hours. 

This section would also limit the time an employee may be made 

to wait in ‘‘limbo’’ for deadhead transportation on a train to 3 hours 

after the employee worked the maximum number of hours on duty 

within a 24-hour period. Exceptions to this limitation would be provided if the train was directly delayed by a casualty, an accident, 

an act of God, a derailment, a major equipment failure that prevents the train from advancing, or a delay resulting from a cause 

unknown and unforeseeable to a railroad carrier or its officer or 

agent in charge of the employee when the employee left a terminal. 

A ‘‘major equipment failure’’ is intended to address significant situations such as a broken brake pipe that are not quickly or easily 

repaired rather than something that could reasonably be repaired 

by the train crew or other railroad personnel such as broken coupler knuckle or faulty air hose. 

Additionally, this section would prohibit railroads from communicating with train employees during rest hours, unless necessary 

to notify an employee of an emergency situation, as defined by the 

Secretary. This prohibition is not intended to change current railroad practices provided for by statute, implementing regulations, or 

case law that has interpreted what constitutes a disruption of an 

off-duty period. The term ‘‘emergency situation’’ is intended to include situations that would pose a risk to the employee’s health, 

safety, or security. It would also encompass situations when the 

employee would need to be notified about a situation involving the 

health, safety, or security of the employee’s family. It would include 

situations where the railroad may need to contact the employee 

about an emergency situation on the railroad about which the employee would have exclusive knowledge, as well. For example, the 

railroad could contact the employee to obtain information about a 

leaking tank car found on the train the employee had just tied up 

about which the employee may have critical information. It is not 

intended to include contacting an employee about derailments or 

accidents that occur somewhere on the railroad property and in 

which the employee was in no way involved. The Secretary would 

be permitted to waive this prohibition on communicating with employees during the rest period for commuter or intercity passenger 

service railroads if it is necessary to maintain that railroad’s efficient operations and on-time performance of trains. The Committee 

recognizes that such passenger operations have significantly different operating practices, work schedules, work environments, and 

safety records than that of freight railroads, and as such, this 

added protection of employee rest periods may not be necessary to 

ensure safe operations. 

This section would also amend section 21102 of title 49, United 

States Code, to permit a railroad carrier and its directly affected 

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resents such employees to jointly develop and submit for approval 

to the Secretary an alternate HOS regime to that provided in chapter 211 of title 49, United Stated Code, that would increase the 

maximum hours an employee may be required or allowed to go or 

remain on duty or decrease the minimum hours an employee may 

be required to rest. This section would become effective no earlier 

than one year following the date of enactment of this Act, so as to 

coincide with the amendments made to the HOS statute by this 

section. The Secretary could consider such a request anytime following the date of enactment of this Act and could approve such 

a request only after providing an opportunity for public notice and 

comment and determining that the proposed HOS regime is in the 

public interest and will not adversely affect railroad safety. The exemption would be for a specific period of time and would be subject 

to review upon a schedule determined appropriate by the Secretary. 

The Committee expects that railroads seeking waiver requests 

will promptly submit their waiver requests to the FRA prior to one 

year after the date of enactment of this Act. The Committee also 

expects that the FRA will consider the waiver requests in a timely 

manner to ensure, to the maximum extent possible, that railroads 

will not have to restructure their existing operations to comply 

with the new HOS regime to then only return to their prior practices after a waiver is granted. 

The definition of signal employee would be expanded to include 

signal contractors. Section 21103 of title 49, United States Code, 

would be modified to state that signal employees may not remain 

or go on duty for more than 12 consecutive hours, and must have 

at least 10 consecutive hours of rest in a 24-hour period. This section would also prohibit signal employees from going on duty under 

the emergency authority provision to conduct routine repairs, routine maintenance, or routine inspection of signal systems. This section would prohibit railroads from communicating with signal employees during rest hours, unless necessary to notify an employee 

of an emergency situation, as defined by the Secretary. This section 

also would clarify that signal employees’ HOS are governed exclusively by this chapter, and not by other hours of service rules, duty 

hours, or rest periods promulgated under any Federal authority. 

In addition to amending the existing statute governing HOS, this 

section would, for the first time, authorize the Secretary to issue 

regulations that make additional changes to the HOS provisions 

provided that they provide for an equivalent level of safety as that 

provided under the provisions of this chapter, as amended. This authority is provided to the Secretary so that the statutory limits may 

be modified as changes in railroad safety, operations, and technology require. In developing new regulations governing HOS, the 

Secretary may request that the RSAC accept the task of developing, within 18 months, such new regulations and would require 

the Secretary to prescribe appropriate regulations within eighteen 

months should the RSAC not reach consensus. If the RSAC does 

not accept the task upon the request of the Secretary, the Secretary 

would be required to issue regulations within three years. 

The Secretary also would conduct two pilot projects to analyze 

specific practices which may be used to reduce fatigue for train engine and other railroad employees. 


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The bill also would provide further flexibility by granting the 

Secretary regulatory authority over certain aspects of the HOS 

laws to improve safety and reduce employee fatigue. 

Section 107. Protection of Railroad Safety Risk Analyses Information. 

This section would amend section 20118 of title 49, United States 

Code, to prohibit the Secretary from disclosing publicly any information obtained as part of a railroad’s risk reduction program or 

pilot program. The Secretary would be permitted to disclose such 

information otherwise available to the public if the Secretary believes that disclosure would be consistent with the confidentiality 

needed for that safety risk reduction program or pilot program. No 

information compiled under the risk reduction program or pilot 

program would be admissible in any court proceeding, unless that 

information is otherwise available to the public. This provision is 

not intended to protect information that is already submitted to the 

FRA and available to the public. 

TITLE II. HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY

AND TRESPASSER PREVENTION

Section 201. Pedestrian Crossing Safety. 

This section would require the Secretary to issue guidance to 

passenger railroads on methods and strategies to prevent pedestrian accidents, injuries, and fatalities on or near passenger stations. 

Section 202. State Action Plans. 

This section would require the Secretary to annually identify the 

ten States receiving Federal funds for highway-rail grade crossing 

safety projects that have had the highest number of highway-rail 

grade crossing accidents in the preceding fiscal year and require 

those States to develop a grade crossing action plan that identifies 

specific solutions for improving the safety at highway-rail grade 

crossings. 

Section 203. Improvements to Sight Distance at Highway-Rail 

Grade Crossings. 

This section would require the Secretary to prescribe regulations 

that require each railroad to remove grass, shrubbery, trees, and 

other vegetation, with the exception of ‘‘protected vegetation,’’

which may materially obstruct the view of a pedestrian or a vehicle 

operator for a reasonable distance, as determined by the Secretary, 

in either direction of a train’s approach, from its right-of-way at all 

public highway-rail grade crossings and at all private highway-rail 

grade crossings open to unrestricted public access. The Secretary, 

in consultation with the FRA, the FHWA, and States, also would 

be required to develop and make available to States model legislation to improve safety by addressing sight obstructions at highwayrail grade crossings equipped with solely passive warning devices, 

as recommended by the DOT IG. 


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Section 204. National Crossing Inventory. 

This section would require that the Secretary issue regulations 

requiring each railroad and State, within one year after enactment 

of this Act, to report to the Secretary current information about 

warning devices and signage for each previously unreported highway-rail grade crossing, or ensure that another carrier that operates through the crossing has reported information about the crossing to the Secretary. It also would require each railroad and State 

to annually report current information about all grade crossings to 

the Secretary. Both section 20160 of title 49, United States Code, 

and section 130 of title 23, United States Code, would be amended 

by this section. 

Section 205. Telephone Number to Report Grade Crossing Problems. 

This section would require the Secretary to issue regulations requiring each railroad carrier to establish and maintain a telephone 

service for the public to report malfunctions of signals, crossing 

gates, and other devices to promote safety at highway-rail grade 

crossings, disabled vehicles blocking crossings, or other safety 

warning devices and signage information about highway-rail grade 

crossings. Upon receiving a report, each railroad would be required 

to contact trains operating near the crossing, contact public safety 

officials, investigate the report, and, if necessary, correct the malfunction or remove the obstruction. Signs posting the phone number and its purpose would be required to be appropriately located 

near the crossing. In carrying out this section, the Committee provided flexibility for the Secretary to determine whether the telephone number that a railroad is required to post under this section 

should be a toll-free number or not. Because some railroads’ operating territory covers a small geographical area, a toll-free number 

may not be necessary in order to provide the community members 

with a low-cost and simple opportunity to report grade crossing 

problems to a railroad. 

Section 206. Operation Lifesaver. 

This section would require the FRA to make a grant or grants 

to Operation Lifesaver to carry out a public information and education program to help prevent and reduce pedestrian, motor vehicle, and other incidents, injuries, and fatalities, and to improve 

awareness along railroad rights-of-way. It also would authorize 

funds to be used for a pilot program to address the need for targeted, sustained community outreach in one or more States identified by section 202. 

The Committee expects Operation Lifesaver to expand the scope 

of its public education information and education programs to cover 

information that the public can use to identify safety conditions 

which are the responsibility of the railroads, particularly unsafe or 

malfunctioning highway grade crossings or grade crossing safety 

devices, and how to report such conditions to the appropriate officials, including railroad officials, local law enforcement, State railroad safety officials, and the FRA, as applicable. 


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Section 207. Trespasser Prevention and Highway-Rail Crossing 

Safety. 

This section would update existing section 20151 of title 49, 

United States Code, by requiring the Secretary to evaluate and review the laws and regulations regarding trespassing on railroad 

property, vandalism affecting railroad property, and highway-rail 

grade crossing warning sign violations. It also would require the 

Secretary to extend the DOT’s outreach program and to create 

model State legislation providing for civil and criminal penalties for 

violations of highway-rail grade crossing warning signs. This section also would authorize the Secretary to buy and distribute to the 

public small items, such as coloring books, key chains, lapel pins, 

pencils, and calendars, as part of the DOT’s message on railroad 

crossing safety and railroad trespass prevention. 

Section 208. Fostering Introduction of New Technology to Improve 

Safety at Highway-Rail Grade Crossings. 

This section would preempt any State law concerning the adequacy of new technology in providing warning to highway users at 

highway-rail grade crossings, if that new technology has been submitted to the Secretary for review and approval, in accordance with 

the FRA’s existing process for approving train control systems. A 

railroad that installs new technology approved by the Secretary 

would not be held liable if it inspects and maintains the new technology in accordance with the approval issued by the Secretary. 

The Committee expects that protecting railroads from potential liability will incentivize the development and implementation of new 

technology that will greatly improve safety in an area that currently plagues the nation. 

TITLE III. FEDERAL RAILROAD ADMINISTRATION

Section 301. Human Capital Increases. 

This section would require the Secretary to increase the number 

of FRA employees by 200 between FY 2008 and FY 2013, with a 

focus on employees to implement certain provisions of this Act, investigate highway-rail grade crossing accidents, to conduct routine 

compliance inspections, and otherwise support the FRA’s safety 

mission. 

Section 302. Civil Penalty Increases. 

This section would increase the maximum civil penalty from 

$10,000 to $25,000 and the civil penalty for a grossly negligent violation or a pattern of repeated violations that causes a imminent 

hazard of death or injury to individuals or has caused death or injury from $20,000 to $100,000. 

Section 303. Enforcement Report. 

In an effort to increase the transparency of the FRA enforcement 

process, this section would require that the Secretary annually 

make publicly available and publish on the FRA’s public website a 

report that provides summaries of the various enforcement actions 

the FRA has taken. 


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Section 304. Prohibition of Individuals from Performing Safety-Sensitive Functions for a Violation of Hazardous Materials Transportation Law. 

This section would broaden the provision in section 20111(c) of 

title 49, United States Code, to allow the existing enforcement tool 

of disqualification to be directed against violators of the hazardous 

materials regulations and hazardous materials transportation law. 

Section 304 of the bill would expand the basis for issuing disqualification orders to allow not only a rail safety violation, but also a 

hazardous materials violation, to be used to establish unfitness for 

safety-sensitive service in the railroad industry. 

Section 305. Railroad Radio Monitoring Authority. 

This section would permit the Secretary to authorize officers, employees, or agents of the Secretary, in circumstances the Secretary 

finds reasonable, to carry out the Secretary’s responsibilities to: 

• Intercept radio communications; 

• Communicate the existence, contents, substance, purport, 

effect, or meaning of intercepted communications; 

• Receive or assist in receiving intercepted communications; 

• Disclose the contents, substance, purport, effect, or meaning of intercepted communications or use the communications; 

and 

• Record communications by any means, including writing 

and tape recording. 

This authority may only be engaged in for the purposes of accident prevention and accident investigation. Information obtained 

may not be admitted into evidence in any administrative or judicial 

proceeding except in a prosecution of a felony under State or Federal law, or to impeach a non-Federal government party. 

Section 306. Emergency Waivers. 

This section would require the Secretary to issue procedures concerning requests for waivers of regulations or orders in emergency 

situations without first providing an opportunity for public comment. The Secretary would be required to, after issuing the emergency waiver, provide an opportunity for a hearing on the waiver. 

An emergency waiver issued under this section would not extend 

beyond 9 months. 

Section 307. Federal Rail Security Officers’ Access to Information. 

This section would authorize the Administrator of the FRA to access certain criminal history and other law enforcement records, 

systems, and communications to carry out the Administrator’s civil 

and administrative duties to promote the safety, including security, 

of railroad operations and for other purposes authorized by law, including the National Crime Prevention and Privacy Compact. The 

Administrator would be authorized to designate FRA employees 

whose primary responsibility is rail security to carry out the Administrator’s authority. The authority would not be used to conduct 

criminal investigations. 

Section 308. Update of Federal Railroad Administration’s Website. 

This section would require the Secretary to update the FRA’s 

public website to better facilitate the ability of the public, including 


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those individuals who are not regular users of the public website, 

to find current information regarding the FRA’s activities. It also 

would require that FRA’s public website be updated to provide a 

mechanism for the public to submit written reports of potential violations of Federal railroad safety and hazardous materials transportation laws, regulations, and orders to the FRA. The Committee 

expects the FRA to develop a process to respond to and pursue, if 

appropriate, reports received under this section. 

TITLE IV. RAILROAD SAFETY ENHANCEMENTS

Section 401. Employee Training. 

This section would require the Secretary to issue regulations no 

later than one year after the enactment of this Act requiring railroad carriers and railroad carrier contractors and subcontractors to 

develop training plans for crafts and classes of employees, as the 

Secretary determines appropriate. Each training plan would be required to clearly identify the class or craft of employees to which 

the plan applies; to require that employees be trained on the requirements of relevant Federal railroad safety laws, regulations, 

and orders; to require employees to be tested or otherwise demonstrate their proficiency in the subject matter of the training; and 

to contain any other relevant information that the Secretary deems 

appropriate. Each plan would be required to be submitted to and 

approved by the Secretary. If the Secretary has previously issued 

regulations requiring the training of certain crafts or classes of employees, the Secretary could exempt railroads or contractors and 

subcontractors of railroads from submitting plans covering those 

employees. 

The Committee recognizes that all railroads have existing training programs for most railroad employees and that many of these 

programs are currently sufficient. However, the Committee believes 

that regulations that govern the basic elements of these training 

programs and that establish a clear and consistent curriculum that 

is appropriate for each class or craft of employees would help to ensure that all employees are properly trained for their assigned duties, would promote safe operating practices and behaviors 

throughout the industry, and would enhance compliance with Federal law. 

Section 402. Certification of Certain Crafts or Classes of Employees. 

This section would require the Secretary to issue a report to relevant Congressional Committees about whether the certification of 

certain crafts or classes of railroad carrier or railroad carrier contractor or subcontractor employees, such as conductors, car repair 

and maintenance employees, on-board service workers, rail welders, dispatchers, signal repair and maintenance employees, or any 

other craft or class of employees that the Secretary determines appropriate, is necessary to reduce the number and rate of accidents 

and incidents or to improve railroad safety. This section also would 

authorize the Secretary to issue regulations to require the certification of certain crafts or classes of employees, as determined necessary in the study. The FRA currently has in place a regulation 

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ment Act of 1988 and was intended to resolve deficiencies in locomotive engineer training that were uncovered after the passenger 

rail accident in Chase, Maryland, that killed 16 people. Under the 

regulation, the burden of certifying and recertifying employees is 

relatively hefty, but the associated benefits are essential to safe locomotive operations. Similar to the locomotive engineer qualification and certification rule, any incremental safety benefits to be 

gained from certifying additional classes or crafts of employee 

should be weighed against the costs of certification. 

Section 403. Track Inspection Time Study. 

This section would require the Secretary to complete a study to 

determine whether the required intervals of track inspections for 

each class of track and track remedial action requirements should 

be amended and whether different track inspection and repair priorities or methods should be required. It would require the Secretary to issue recommendations for changes to the Federal track 

safety standards in part 213 of title 49 of the Code of Federal Regulations based on the results of the study. The study would consider the most current rail flaw, rail defect growth, rail fatigue, and 

other relevant track- or rail-related research and studies; the availability and feasibility of developing and implementing new or novel 

rail inspection technology for routine track inspections; information 

from NTSB or FRA accident investigations where track defects 

were the cause or a contributing cause; and other relevant information, as determined by the Secretary. The Secretary would be required to issue regulations implementing the recommendations of 

this study. 

Section 404. Study of Methods to Improve or Correct Station Platform Gaps. 

Not later than 2 years after the enactment of this Act, the Secretary would be required to complete a study to determine the most 

safe, efficient, and cost effective way to improve the safety of railroad passenger station platforms gaps in order to increase compliance with the requirements under the ADA and to minimize the 

safety risks associated with such gaps for railroad passengers and 

employees. 

Section 405. Locomotive Cab Studies. 

Not later than one year after the enactment of this Act, the Secretary would be required to complete a study on the impact on 

safety and the prevalence of the use of personal electronic devices, 

including cell phones, video games, and other distracting devices, 

by safety-related railroad employees during the performance of 

such employees’ duties. The Secretary also would be able to study 

other elements of the locomotive cab environment and their effect 

on an employee’s health and safety. No later than 6 months after 

the completion of any study conducted under this section, the Secretary would be required to issue a report on the study to relevant 

Congressional Committees. The Secretary would be given the authority to issue regulations prohibiting the use of such devices, unless those devices are being used according to railroad operating 

rules or for other work purposes, or to improve the locomotive cab 

environment to protect an employee’s health and safety. 


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Section 406. Railroad Safety Technology Grants. 

This section would require the Secretary to establish a grant program for the deployment of train control technologies, train control 

component technologies, processor-based technologies, ECP brakes, 

rail integrity inspection systems, rail integrity warning systems, 

switch position indicators, remote control power switch technologies, track integrity circuit technologies, and other new or 

novel railroad safety technology. Grants would be made under this 

section to eligible passenger and freight railroad carriers, railroad 

suppliers, and State and local governments for projects described in 

paragraph (a) that have a public benefit of improved safety and 

network efficiency. Priority would be given to projects that: focus 

on making technologies interoperable between railroad systems, 

such as train control technologies; hasten the deployment of train 

control technology deployment on high risk corridors, such as those 

that have high volumes of hazardous materials shipments or over 

which commuter or passenger trains operate; or benefit both passenger and freight safety and efficiency. Grants would not be 

awarded to entities who fail to develop and submit to the Secretary 

a technology implementation plan as required by section 104 of this 

Act. This section would authorize $20 million to the Secretary for 

each of the fiscal years 2008 through 2013 to carry out this section. 

Section 407. Railroad safety infrastructure improvement grants. 

The Secretary would be required to establish a grant program for 

safety improvements to railroad infrastructure, including the acquisition, improvement, or rehabilitation of intermodal or rail equipment or facilities, including track, bridges, tunnels, yards, buildings, passenger stations, facilities, and maintenance and repair 

shops. In awarding grants the Secretary would consider, at a minimum, the age and condition of the rail infrastructure of the railroad; the railroad’s safety record, including accident and incident 

numbers and rates; the volume of hazardous materials transported 

by the railroad; the operation of passenger trains over the railroad; 

and whether the railroad has submitted a railroad safety risk reduction program, as required by section 104 of this Act. This section would authorize $15 million to the Secretary for each of the 

fiscal years 2008 through 2013 to carry out this section. 

Section 408. Movement for Repair. 

This section would amend section 20303 of title 49, United States 

Code, to clarify the statutory provision that governs whether and 

how a railroad may move a car or locomotive with a safety appliance defect or insecurity to make repairs, without becoming liable 

for a civil penalty. It would foster the use of mobile repair trucks 

at locations on an occasional basis, by eliminating the need for 

back hauls of defective vehicles for repairs, and by explicitly authorizing the prescription of additional regulatory conditions for 

hauling defective vehicles for repair. 

Section 409. Development and Use of Rail Safety Technology. 

This section would require the Secretary, no later than 1 year 

after enactment of this Act, to issue standards, guidance, regulations, or orders governing the development, use, and implementation of rail safety technology in dark territory, in arrangements not 


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defined in section 20501 of title 49, United States Code, or otherwise not covered by Federal standards, guidance, regulation, or orders that ensures its safe operation such as switch position monitoring devices; radio, remote control or other power- assisted 

switches; hot box, high water, or earthquake detectors; remote control locomotive zone limiting devices; slide fences; grade crossing 

video monitors; track integrity warning systems; or other similar 

rail safety technologies, as determined by the Secretary. 

Section 410. Employee Sleeping Quarters. 

This section would amend section 21106 of title 49, United States 

Code, to require that a railroad carrier provide sleeping quarters 

for its employees that provide indoor toilet facilities, potable water, 

and other features to protect the health of employees. Within one 

year after the date of enactment, the Secretary, in consultation 

with the Secretary of Labor, would be required to issue regulations 

governing the use of camp cars for employees and any individuals 

employed to maintain the right of way of a railroad carrier. The 

Secretary would also have the authority to prohibit the use of camp 

cars if necessary to protect the health and safety of the employees. 

Section 411. Employee Protections. 

This section would amend section 20109 of title 49, United States 

Code, to add as a protected act an employee’s ‘‘request that a railroad carrier provide first aid, medical treatment, or transportation 

to a medical facility or hospital after being injured during the 

course of employment, or to comply with treatment prescribed by 

a physician or licensed health care professional consistent with the 

carrier’s medical standards for fitness for duty.’’

Section 412. Unified Treatment of Families of Railroad Carriers. 

This section would amend the definition of ‘‘railroad carrier’’ in 

section 20102(3) of title 49, United States Code, to include in the 

definition, upon petition and order issued by the Secretary, a group 

of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated 

rail system to be treated as a single railroad carrier for the purposes of part A, subtitle V of title 49, United States Code, and of 

any implementing regulations or orders, subject to any conditions 

imposed by the Secretary. This provision is not intended to apply 

to railroad holding companies that own multiple and separate properties that are not operated as a physically integrated system. 

Section 413. Repeal of Conrail Provision. 

This section would require that, within one year after enactment, 

the Secretary study the impacts of repealing section 711 of the Regional Rail Reorganization Act of 1973 which preempts State laws 

in the former operating territory of the Consolidated Rail Corporation (Conrail) related to crew requirements. Within 6 months after 

the study is completed, the Secretary would transmit a report to 

appropriate Congressional Committees on the findings, results, and 

recommendations of the study. 


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36 

Section 414. Limitations on Non-Federal Alcohol and Drug Testing 

by Railroad Carriers. 

This section would require that any non-Federal alcohol and drug 

testing program of a railroad carrier provide that all post-employment tests of the specimens of employees who are subject to both 

the program and chapter 211 of title 49, United States Code, be 

conducted using a scientifically recognized method of testing capable of determining the presence of the specific analyte at a level 

above the cut-off level established by the carrier. It would also require that each railroad carrier that has a non-Federal alcohol and 

drug testing program provide a redress process to its employees 

who are subject to both the alcohol and drug testing program and 

chapter 211 of title 49, United States Code, for such an employee 

to petition for, and receive, a carrier hearing to review his or her 

specimen test results that were determined to be in violation of the 

program. A dispute or grievance arising raised by a railroad carrier 

or its employee, except a probationary employee, in connection with 

the carrier’s alcohol and drug testing program and the application 

of this section would be subject to resolution under section 3 of the 

Railway Labor Act (45 U.S.C. 153). The Committee expects this 

provision to rectify concerns in the industry that corporate drug 

testing policies allow for testing limits that cannot be adequately 

detected by current technology and that such tests have been used 

discriminatorily to discipline employees. 

Section 415. Critical Incident Stress Plan. 

This section would require the Secretary in consultation with the 

Secretary of Labor and the Secretary of Health and Human Services, as appropriate, to require each Class I railroad, and any other 

railroad that the Secretary determines appropriate, to develop and 

submit for approval to the Secretary a critical incident stress plan 

that provides for debriefing, counseling, guidance and other appropriate support services to be offered to an employee affected by a 

critical incident. Additionally, the provision would require that the 

plan allow for the immediate relief of service of an employee involved in a critical incident and, upon the employee’s request, relief 

for an employee who witnessed a critical incident as soon as feasible. 

TITLE V. RAIL PASSENGER DISASTER FAMILY ASSISTANCE

Section 501. Assistance by National Transportation Safety Board to 

Families of Passengers Involved in Rail Passenger Accidents. 

This section would require the Chairman of the NTSB to designate and publicize the name and phone number of a director of 

family support services and an independent non-profit organization 

to coordinate and provide services to families of passengers involved in rail accidents. It would define the responsibilities of the 

NTSB and the designated non-profit organization in post-rail accident situations. 

The Committee recognizes that the NTSB’s limited resources do 

not permit it to provide services to families impacted by every rail 

accident resulting in a fatality, and therefore, expects that the 

Board will focus its assistance to families impacted by accidents 

that result in a major loss of life. However, the NTSB should not 


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37 

interpret this expectation as a restriction in offering services to 

families impacted by less severe accidents if the Board has the ability and adequate resources to do so. 

Section 502. Rail Passenger Carrier Plans to Address the Needs of 

Families of Passengers Involved in Rail Passenger Accidents. 

This section would require rail passenger carriers, not later than 

6 months after the date of enactment of this Act, to submit to the 

Chairman of the NTSB, the Secretary, and the Secretary of the Department of Homeland Security, a plan for addressing the needs of 

families of passengers involved in any rail passenger accident involving an Amtrak intercity train and resulting in loss of life. This 

section would authorize $500,000 for FY 2008 for the Secretary to 

carry out this new section. 

Section 503. Establishment of Task Force. 

This section would require the Secretary, in cooperation with the 

NTSB, to create a task force, which includes rail passenger carriers 

and families who have been involved in rail accidents, to develop 

a model plan and recommendations on how passenger rail carriers 

can provide assistance and notification to families of those passengers involved in rail accidents. 

TITLE VI. CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID

WASTE FACILITIES

Section 601. Short Title. 

This section would provide that title VI could be cited as the 

Clean Railroads Act of 2007. 

Section 602. Regulation of Solid Waste Rail Transfer Facilities. 

This section would amend subtitle A of the Solid Waste Disposal 

Act (42 U.S.C. 6901 et seq.) and would permit a State or political 

subdivision thereof to enforce State solid waste environmental laws 

at a solid waste rail transfer facility. Within 180 days after the 

date of enactment of the bill, a solid waste rail transfer facility 

would have to comply with all State solid waste environmental 

laws other than those requiring permits. Within one year after the 

date of enactment, a railroad carrier that owns or operates a solid 

waste rail transfer facility that was not required to possess a permit for the first 180 days after enactment would continue not to 

be required to possess a permit provided that the facility had submitted a complete application for all permits required by a State’s 

environmental laws to a solid waste facility permitting agency and 

until that solid waste facility permitting agency has either approved or denied the railroad carrier’s application for a permit. 

A solid waste rail transfer facility would only include the portion 

of a facility owned or operated by or on behalf of a railroad carrier 

where solid waste, as a commodity to be transported in commerce, 

is collected, stored, separated, processed, treated, managed, disposed of, or transferred outside of original sealed shipping containers. It would not include a facility to the extent that activities 

taking place at such a facility were comprised of the railroad transportation of solid waste after the solid waste is placed on or in a 

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changing railroad cars containing sealed solid waste shipments. 

For the purposes of this section, State solid waste environmental 

laws would include the following: (1) the substantive and procedural aspects of statutes, regulations, and orders of a State or its 

subdivisions that establish public health and safety or environmental standards concerning the generation, storage, treatment, 

handling, management, or disposal of solid waste; and (2) the substantive and procedural aspects of statutes, regulations, and orders 

of a State or its subdivisions which govern the processes and procedures by which permits, licenses, or other approvals or credentials 

from such State or subdivision are required in order to generate, 

store, treat, handle, manage, or dispose of solid waste. It would not 

include the statutes, regulations or orders of a state or its subdivisions which govern land use, including land use restrictions or zoning ordinances. This section also would amend section 10501(c)(2) 

of title 49, United States Code, to remove from the jurisdiction of 

the Surface Transportation Board activities subject to the Clean 

Railroads Act of 2007 (i.e., this title). 


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(39) 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 49. TRANSPORTATION 

SUBTITLE I. DEPARTMENT OF TRANSPORTATION

CHAPTER 1. ORGANIZATION

§ 103. Federal Railroad Administration 

(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. 

(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. 

(c) SAFETY AS HIGHEST PRIORITY.—In carrying out its duties, the 

Administration shall consider safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress 

to the furtherance of the highest degree of safety in railroad transportation. 

(d) CHIEF SAFETY OFFICER.—The Administration shall have an 

Associate Administrator for Railroad Safety appointed in the career 

service by the Secretary. The Associate Administrator shall be the 

Chief Safety Officer of the Administration. The Associate Administrator shall carry out the duties and powers prescribed by the Administrator. 

ø(c)¿ (e) The Administrator shall carry out—

(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 

(2) additional duties and powers prescribed by the Secretary. 

ø(d)¿ (f) A duty or power specified by subsection ø(c)(1)¿ (e)(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. 


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40 

ø(e)¿ (g) 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 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

* * * * * * * 

§ 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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41 

(1) To provide mental health and counseling services, in coordination with the disaster response team of the rail passenger 

carrier involved. 

(2) To take such actions as may be necessary to provide an 

environment in which the families may grieve in private. 

(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to 

such location, and to contact all affected families periodically 

thereafter until such time as the organization, in consultation 

with the director of family support services designated for the 

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

(4) To arrange a suitable memorial service, in consultation 

with the families. 

(d) PASSENGER LISTS.—

(1) REQUESTS FOR PASSENGER LISTS.—

(A) REQUESTS BY DIRECTOR OF FAMILY SUPPORT SERVICES.—It shall be the responsibility of the director of family 

support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the 

rail passenger carrier involved in the accident a list, which 

is based on the best available information at the time of the 

request, of the names of the passengers that were aboard 

the rail passenger carrier’s train involved in the accident. 

A rail passenger carrier shall use reasonable efforts, with 

respect to its unreserved trains, and passengers not holding 

reservations on its other trains, to ascertain the names of 

passengers aboard a train involved in an accident. 

(B) REQUESTS BY DESIGNATED ORGANIZATION.—The organization designated for an accident under subsection (a)(2) 

may request from the rail passenger carrier involved in the 

accident a list described in subparagraph (A). 

(2) USE OF INFORMATION.—Except as provided in subsection 

(k), the director of family support services and the organization 

may not release to any person information on a list obtained 

under paragraph (1) but may provide information on the list 

about a passenger to the family of the passenger to the extent 

that the director of family support services or the organization 

considers appropriate. 

(e) CONTINUING RESPONSIBILITIES OF THE BOARD.—In the course 

of its investigation of an accident described in subsection (a), the 

Board shall, to the maximum extent practicable, ensure that the 

families of passengers involved in the accident—

(1) are briefed, prior to any public briefing, about the accident 

and any other findings from the investigation; and 

(2) are individually informed of and allowed to attend any 

public hearings and meetings of the Board about the accident. 

(f) USE OF RAIL PASSENGER CARRIER RESOURCES.—To the extent 

practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the rail passenger 

carrier involved in the accident to facilitate the reasonable use of the 

resources of the carrier. 

(g) PROHIBITED ACTIONS.—


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42 

(1) ACTIONS TO IMPEDE THE BOARD.—No person (including a 

State or political subdivision) may impede the ability of the 

Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry 

out its responsibilities under this section or the ability of the 

families of passengers involved in the accident to have contact 

with one another. 

(2) UNSOLICITED COMMUNICATIONS.—No unsolicited communication concerning a potential action for personal injury or 

wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) 

or any potential party to the litigation to an individual (other 

than an employee of the rail passenger carrier) injured in the 

accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident. 

(3) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH

AND COUNSELING SERVICES.—No State or political subdivision 

may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from 

providing mental health and counseling services under subsection (c)(1) in the 30-day period beginning on the date of the 

accident. The director of family support services designated for 

the accident under subsection (a)(1) may extend such period for 

not to exceed an additional 30 days if the director determines 

that the extension is necessary to meet the needs of the families 

and if State and local authorities are notified of the determination. 

(h) DEFINITIONS.—In this section: 

(1) RAIL PASSENGER ACCIDENT.—The term ‘‘rail passenger accident’’ means any rail passenger disaster resulting in a major 

loss of life occurring in the provision of—

(A) interstate intercity rail passenger transportation (as 

such term is defined in section 24102); or 

(B) interstate or intrastate high-speed rail (as such term 

is defined in section 26105) transportation, 

regardless of its cause or suspected cause. 

(2) RAIL PASSENGER CARRIER.—The term ‘‘rail passenger carrier’’ means a rail carrier providing— (A) interstate intercity rail passenger transportation (as 

such term is defined in section 24102); or 

(B) interstate or intrastate high-speed rail (as such term 

is defined in section 26105) transportation, 

except that such term does not include a tourist, historic, scenic, 

or excursion rail carrier. 

(3) PASSENGER.—The term ‘‘passenger’’ includes—

(A) an employee of a rail passenger carrier aboard a 

train; 

(B) any other person aboard the train without regard to 

whether the person paid for the transportation, occupied a 

seat, or held a reservation for the rail transportation; and 

(C) any other person injured or killed in the accident. 

(i) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

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senger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers 

involved in a rail passenger accident. 

(j) RELINQUISHMENT OF INVESTIGATIVE PRIORITY.—

(1) GENERAL RULE.—This section (other than subsection (g)) 

shall not apply to a railroad accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and 

the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident. 

(2) BOARD ASSISTANCE.—If this section does not apply to a 

railroad accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, 

to the maximum extent possible, the agency to which the Board 

has relinquished investigative priority in assisting families with 

respect to the accident. 

(k) SAVINGS CLAUSE.—Nothing in this section shall be construed 

to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including development of information regarding the nature of 

injuries sustained and the manner in which they were sustained for 

the purposes of determining compliance with existing laws and regulations or for identifying means of preventing similar injuries in 

the future, or both. 

SUBTITLE IV—INTERSTATE TRANSPORTATION

PART A. RAIL

CHAPTER 105. JURISDICTION

§ 10501. General jurisdiction 

(a)(1) Subject to this chapter, the Board has jurisdiction over 

transportation by rail carrier that is—

(A) only by railroad; or 

(B) by railroad and water, when the transportation is under 

common control, management, or arrangement for a continuous carriage or shipment. 

(2) Jurisdiction under paragraph (1) applies only to transportation in the United States between a place in—

(A) a State and a place in the same or another State as part 

of the interstate rail network; 

(B) a State and a place in a territory or possession of the 

United States; 

(C) a territory or possession of the United States and a place 

in another such territory or possession; 

(D) a territory or possession of the United States and another place in the same territory or possession; 

(E) the United States and another place in the United States 

through a foreign country; or 

(F) the United States and a place in a foreign country. 

(b) The jurisdiction of the Board over—

(1) transportation by rail carriers, and the remedies provided 

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ing car service, interchange, and other operating rules), practices, routes, services, and facilities of such carriers; and 

(2) the construction, acquisition, operation, abandonment, or 

discontinuance of spur, industrial, team, switching, or side 

tracks, or facilities, even if the tracks are located, or intended 

to be located, entirely in one State, is exclusive. Except as otherwise provided in this part, the remedies provided under this 

part with respect to regulation of rail transportation are exclusive and preempt the remedies provided under Federal or State 

law. 

(c)(1) In this subsection—

(A) the term ‘‘local governmental authority’’—

(i) has the same meaning given that term by section 

5302(a) of this title; and 

(ii) includes a person or entity that contracts with the 

local governmental authority to provide transportation 

services; and 

(B) the term ‘‘mass transportation’’ means transportation 

services described in section 5302(a) of this title that are provided by rail. 

(2) Except as provided in paragraph (3), the Board does not have 

jurisdiction under this part øover mass transportation provided by 

a local governmental authority.¿ over—

(A) mass transportation provided by a local government authority; or 

(B) a solid waste rail transfer facility (as defined in section 

1009 (c)(2) of the Solid Waste Disposal Act (42 U.S.C. 

6909(c)(2))). 

(3)(A) Notwithstanding paragraph (2) of this subsection, a local 

governmental authority, described in paragraph (2), is subject to 

applicable laws of the United States related to—

(i) safety; 

(ii) the representation of employees for collective bargaining; 

and 

(iii) employment, retirement, annuity, and unemployment 

systems or other provisions related to dealings between employees and employers. 

(B) The Board has jurisdiction under sections 11102 and 11103 

of this title over transportation provided by a local governmental 

authority only if the Board finds that such governmental authority 

meets all of the standards and requirements for being a rail carrier 

providing transportation subject to the jurisdiction of the Interstate 

Commerce Commission that were in effect immediately before January 1, 1996. The enactment of the ICC Termination Act of 1995 

shall neither expand nor contract coverage of employees and employers by the Railway Labor Act, the Railroad Retirement Act of 

1974, the Railroad Retirement Tax Act, and the Railroad Unemployment Insurance Act. 


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45 

SUBTITLE V. RAIL PROGRAMS

PART A. SAFETY

CHAPTER 201. GENERAL

SUBCHAPTER I. GENERAL

§ 20102. Definitions 

In this part—

(1) ‘‘Class I railroad’’ means a railroad carrier that has annual carrier operating revenues that meet the threshold amount 

for Class I carriers, as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal 

Regulations. 

ø(1)¿ (2) ‘‘railroad’’—

(A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including—

(i) commuter or other short-haul railroad passenger 

service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and 

(ii) high speed ground transportation systems that 

connect metropolitan areas, without regard to whether 

those systems use new technologies not associated 

with traditional railroads; but 

(B) does not include rapid transit operations in an urban 

area that are not connected to the general railroad system 

of transportation. 

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

transportation.¿ 

(3) ‘railroad carrier’ means a person providing railroad transportation, except that, upon petition by a group of commonly 

controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more 

provisions of part A, subtitle V of this title and implementing 

regulations and order, subject to any appropriate conditions 

that the Secretary may impose. 

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

(A) a railroad employee who is subject to chapter 211; 

(B) another operating railroad employee who is not subject to chapter 211; 

(C) an employee who maintains the right of way of a railroad carrier; 

(D) an employee of a railroad carrier who is a hazmat 

employee as defined in section 5102(3) of this title; 

(E) an employee who inspects, repairs, or maintains locomotives, passenger cars or freight cars; and 

(F) any other employee of a railroad who directly affects 

railroad safety, as determined by the Secretary. 


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46 

§ 20103. General authority 

(a) REGULATIONS AND ORDERS.—The Secretary of Transportation, 

as necessary, shall prescribe regulations and issue orders for every 

area of railroad safety supplementing laws and regulations in effect 

on October 16, 1970. When prescribing a security regulation or 

issuing a security order that affects the safety of railroad operations, the Secretary of Homeland Security shall consult with the 

Secretary. 

(b) REGULATIONS OF PRACTICE FOR PROCEEDINGS.—The Secretary 

shall prescribe regulations of practice applicable to each proceeding 

under this chapter. The regulations shall reflect the varying nature 

of the proceedings and include time limits for disposition of the proceedings. The time limit for disposition of a proceeding may not be 

more than 12 months after the date it begins. 

(c) CONSIDERATION OF INFORMATION AND STANDARDS.—In prescribing regulations and issuing orders under this section, the Secretary shall consider existing relevant safety information and 

standards. 

(d) WAIVERS.—The Secretary may waive compliance with any 

part of a regulation prescribed or order issued under this chapter 

if the waiver is in the public interest and consistent with railroad 

safety. The Secretary shall make public the reasons for granting 

the waiver. 

ø(e) HEARINGS.—The Secretary shall conduct a hearing as provided by section 553 of title 5 when prescribing a regulation or 

issuing an order under this chapter, including a regulation or order 

establishing, amending, or waiving compliance with a railroad safety regulation prescribed or order issued under this chapter. An opportunity for an oral presentation shall be provided.¿ 

(e) HEARINGS.—Except as provided in subsection (g) of this section, the Secretary shall conduct a hearing as provided by section 

553 of title 5 when prescribing a regulation or issuing an order 

under this chapter, including a regulation or order establishing, 

amending, or waiving compliance with a railroad safety regulation 

prescribed or order issued under this chapter. An opportunity for an 

oral presentation shall be provided. 

(f) TOURIST RAILROAD CARRIERS.—In prescribing regulations that 

pertain to railroad safety that affect tourist, historic, scenic, or excursion railroad carriers, the Secretary of Transportation shall take 

into consideration any financial, operational, or other factors that 

may be unique to such railroad carriers. The Secretary shall submit a report to Congress not later than September 30, 1995, on actions taken under this subsection. 

(g) EMERGENCY WAIVERS.—

(1) IN GENERAL.—The Secretary shall prescribe procedures 

concerning the handling of requests for waivers of regulations 

prescribed or orders issued under this chapter in emergency situations and may prescribe temporary emergency waiver procedures without first providing an opportunity for public comment. The Secretary may grant a waiver request if the waiver 

is directly related to the emergency event or necessary to aid in 

any recovery efforts and is in the public interest and consistent 

with railroad safety. The relief shall not extend for a period of 

more than 9 months, including the period of the relief granted 


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47 

under any renewal of the waiver pursuant to the emergency 

waiver procedures. For matters that may impact the missions 

of the Department of Homeland Security, the Secretary of 

Transportation shall consult and coordinate with the Secretary 

of Homeland Security as soon as practicable. 

(2) WAIVER BEFORE HEARING.—If, under the emergency waiver 

procedures established under paragraph (1) of this subsection, the 

Secretary determines the public interest would be better served by 

addressing a request for waiver prior to providing an opportunity 

for a hearing under section 553 of title 5 and an oral presentation, 

the Secretary may act on the waiver request and, if the request is 

granted, the Secretary shall subsequently provide notice and an opportunity for a hearing and oral presentation pursuant to procedures prescribed under paragraph (1) of this subsection. Should the 

Secretary receive comment or a request for oral presentation on a 

waiver request after granting the waiver, the Secretary may take 

any necessary action with regard to that waiver (including rescission or modification) based on the newly acquired information. 

(3) EMERGENCY SITUATION; EMERGENCY EVENT.—In this subsection, the terms ‘‘emergency situation’’ and ‘‘emergency event’’

mean a natural or manmade disaster, such as a hurricane, flood, 

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

outbreak, release of a dangerous radiological, chemical, explosive, or 

biological material, or a war-related activity, that poses a risk of 

death, serious illness, severe injury, or substantial property damage. 

The disaster may be local, regional, or national in scope. 

§ 20107. Inspection and investigation 

(a) GENERAL.—To carry out this part, the Secretary of Transportation may take actions the Secretary considers necessary, including—

(1) conduct investigations, make reports, issue subpenas, require the production of documents, take depositions, and prescribe recordkeeping and reporting requirements; and 

(2) delegate to a public entity or qualified person the inspection, examination, and testing of railroad equipment, facilities, 

rolling stock, operations, and persons. 

(b) ENTRY AND INSPECTION.—In carrying out this part, an officer, 

employee, or agent of the Secretary, at reasonable times and in a 

reasonable way, may enter and inspect railroad equipment, facilities, rolling stock, operations, and relevant records. When requested, the officer, employee, or agent shall display proper credentials. During an inspection, the officer, employee, or agent is an 

employee of the United States Government under chapter 171 of 

title 28. 

(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 

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nication, 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 discloVerDate Aug 31 2005 06:47 Mar 04, 2008 Jkt 069010 PO 00000 Frm 00050 Fmt 6604 Sfmt 6603 E:\HR\OC\SR270.XXX SR270

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sure, 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. 

§ 20109. Employee protections 

(a) IN GENERAL.—A railroad carrier engaged in interstate or foreign commerce, a contractor or a subcontractor of such a railroad 

carrier, or an officer or employee of such a railroad carrier, may not 

discharge, demote, suspend, reprimand, or in any other way discriminate against an employee if such discrimination is due, in 

whole or in part, to the employee’s lawful, good faith act done, or 

perceived by the employer to have been done or about to be done—

(1) to provide information, directly cause information to be 

provided, or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes 

constitutes a violation of any Federal law, rule, or regulation 

relating to railroad safety or security, or gross fraud, waste, or 

abuse of Federal grants or other public funds intended to be 

used for railroad safety or security, if the information or assistance is provided to or an investigation stemming from the provided information is conducted by—

(A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General 

under the Inspector General Act of 1978 (5 U.S.C. App.; 

Public Law 95-452); 

(B) any Member of Congress, any committee of Congress, 

or the Government Accountability Office; or 

(C) a person with supervisory authority over the employee or such other person who has the authority to investigate, discover, or terminate the misconduct; 

(2) to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating to railroad safety or security; 

(3) to file a complaint, or directly cause to be brought a proceeding related to the enforcement of this part or, as applicable 

to railroad safety or security, chapter 51 or 57 of this title, or 

to testify in that proceeding; 

(4) to notify, or attempt to notify, the railroad carrier or the 

Secretary of Transportation of a work-related personal injury 

or work-related illness of an employee; 

(5) to request that a railroad carrier provide first aid, prompt 

medical treatment, or transportation to an appropriate medical 

facility or hospital after being injured during the course of employment, or to comply with treatment prescribed by a physician or licensed health care professional consistent with the carrier’s medical standards for fitness for duty; 


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ø(5)¿ (6) to cooperate with a safety or security investigation 

by the Secretary of Transportation, the Secretary of Homeland 

Security, or the National Transportation Safety Board; 

ø(6)¿ (7) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National 

Transportation Safety Board, or any Federal, State, or local 

regulatory or law enforcement agency 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 

ø(7)¿ (8) to accurately report hours on duty pursuant to 

chapter 211. 

(b) HAZARDOUS SAFETY OR SECURITY CONDITIONS.—

(1) A railroad carrier engaged in interstate or foreign commerce, or an officer or employee of such a railroad carrier, 

shall not discharge, demote, suspend, reprimand, or in any 

other way discriminate against an employee for—

(A) reporting, in good faith, a hazardous safety or security condition; 

(B) refusing to work when confronted by a hazardous 

safety or security 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 safety or security 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) a reasonable individual in the circumstances then 

confronting the employee would conclude 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 railroad 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) In this subsection, only paragraph (1)(A) shall 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, discipline, or other discrimination in violation of subsection (a) or 

(b) of this section, may seek relief in accordance with the provisions of this section, with any petition or other request for reVerDate Aug 31 2005 06:47 Mar 04, 2008 Jkt 069010 PO 00000 Frm 00052 Fmt 6604 Sfmt 6601 E:\HR\OC\SR270.XXX SR270

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lief under this section to be initiated by filing a complaint with 

the Secretary of Labor. 

(2) PROCEDURE.—

(A) IN GENERAL.—Any action under paragraph (1) shall 

be governed under the rules and procedures set forth in 

section 42121(b), including: 

(i) Burdens of proof. Any action brought under (c)(1) 

shall be governed by the legal burdens of proof set 

forth in section 42121(b). 

(ii) Statute of limitations. An action under paragraph (1) shall be commenced not later than 180 days 

after the date on which the alleged violation of subsection (a) or (b) of this section occurs. 

(iii) Civil actions to enforce. 

If a person fails to comply with an order issued by the Secretary of Labor pursuant to the procedures in section 

42121(b), the Secretary of Labor may bring a civil action 

to enforce the order in the district court of the United 

States for the judicial district in which the violation occurred, as set forth in 42121. 

(B) EXCEPTION.—Notification made under section 

42121(b)(1) shall be made to the person named in the complaint and the person’s employer. 

(3) DE NOVO REVIEW.—With respect to a complaint under 

paragraph (1), if the Secretary of Labor has not issued a final 

decision within 210 days after the filing of the complaint and 

if the delay is not due to the bad faith of the employee, 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. 

(4) APPEALS.—Any person adversely affected or aggrieved by 

an order issued pursuant to the procedures in section 42121(b), 

may obtain review of the order in the United States court of 

appeals for the circuit in which the violation, with respect to 

which the order was issued, allegedly occurred or the circuit in 

which the complainant resided on the date of such violation. 

The petition for review must be filed not later than 60 days 

after the date of the issuance of the final order of the Secretary 

of Labor. The review shall conform to chapter 7 of title 5. The 

commencement of proceedings under this paragraph shall not, 

unless ordered by the court, operate as a stay of the order. 

(d) REMEDIES.—

(1) IN GENERAL.—An employee prevailing in any action 

under subsection (c) shall be entitled to all relief necessary to 

make the employee whole. 

(2) DAMAGES.—Relief in an action under subsection (c) (including an action described in subsection (c)(3)) shall include—

(A) reinstatement with the same seniority status that 

the employee would have had, but for the discrimination; 

(B) any backpay, with interest; and 


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52 

(C) compensatory damages, including 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 in any action under subsection 

(c) may include punitive damages in an amount not to exceed 

$250,000. 

(e) ELECTION OF REMEDIES.—An employee may not seek protection under both this section and another provision of law for the 

same allegedly unlawful act of the railroad carrier. 

(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 EMPLOYEE.—Nothing in this section shall 

be deemed to diminish the rights, privileges, or remedies of any 

employee 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. 

(h) 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 or the Secretary of Homeland Security 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 or security, chapter 51 or 57 of 

this title, or a regulation prescribed or order issued under any 

of those provisions. 

(2) The Secretary of Transportation or the Secretary of 

Homeland Security shall disclose to the Attorney General the 

name of an employee described in paragraph (1) if the matter 

is referred to the Attorney General for enforcement. The Secretary making such disclosures shall provide reasonable advance notice to the affected employee if disclosure of that person’s identity or identifying information is to occur. 

(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE DEPARTMENT OF HOMELAND SECURITY.—

(1) ESTABLISHMENT OF PROCESS.—The Secretary of Homeland Security shall establish through regulations, after an opportunity for notice and comment, a process by which any person may report to the Secretary of Homeland Security regarding railroad security problems, deficiencies, or vulnerabilities. 

(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted 

under paragraph (1) identifies the person making the report, 

the Secretary of Homeland Security shall respond promptly to 

such person and acknowledge receipt of the report. 

(3) STEPS TO ADDRESS PROBLEM.—The Secretary of Homeland 

Security shall review and consider the information provided in 

any report submitted under paragraph (1) and shall take appropriate steps to address any problems or deficiencies identified. 


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53 

§ 20111. Enforcement by the Secretary of Transportation 

(a) EXCLUSIVE AUTHORITY.—The Secretary of Transportation has 

exclusive authority—

(1) to impose and compromise a civil penalty for a violation 

of a railroad safety regulation prescribed or order issued by the 

Secretary; 

(2) except as provided in section 20113 of this title, to request an injunction for a violation of a railroad safety regulation prescribed or order issued by the Secretary; and 

(3) to recommend appropriate action be taken under section 

20112(a) of this title. 

(b) COMPLIANCE ORDERS.—The Secretary may issue an order directing compliance with this part or with a railroad safety regulation prescribed or order issued under this part. 

ø(c) ORDERS PROHIBITING INDIVIDUALS FROM PERFORMING SAFETYSENSITIVE FUNCTIONS.—If an individual’s violation of this chapter 

or any of the laws transferred to the jurisdiction of the Secretary 

of Transportation by subsection (e)(1), (2), and (6)(A) of section 6 

of the Department of Transportation Act, as in effect on June 1, 

1994, or a regulation prescribed or order issued by the Secretary 

under this chapter is shown to make that individual unfit for the 

performance of safety-sensitive functions, the Secretary, after notice and opportunity for a hearing, may issue an order prohibiting 

the individual from performing safety-sensitive functions in the 

railroad industry for a specified period of time or until specified 

conditions are met. This subsection does not affect the Secretary’s 

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

basis.¿ 

(c) ORDERS PROHIBITING INDIVIDUALS FROM PERFORMING SAFETY-SENSITIVE FUNCTIONS.—

(1) If an individual’s violation of this part, chapter 51 of this 

title, or a regulation prescribed, or an order issued, by the Secretary under this part or chapter 51 of this title is shown to 

make that individual unfit for the performance of safety-sensitive functions, the Secretary, after providing notice and an opportunity for a hearing, may issue an order prohibiting the individual from performing safety-sensitive functions in the railroad industry for a specified period of time or until specified 

conditions are met. 

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

under section 20104 of this title to act on an emergency basis. 

(d) REGULATIONS REQUIRING REPORTING OF REMEDIAL ACTIONS.—

(1) The Secretary shall prescribe regulations to require that 

a railroad carrier notified by the Secretary that imposition of 

a civil penalty will be recommended for a failure to comply 

with this part, chapter 51 or 57 of this title, or a regulation 

prescribed or order issued under any of those provisions, shall 

report to the Secretary, not later than the 30th day after the 

end of the month in which the notification is received—

(A) actions taken to remedy the failure; or (B) if appropriate remedial actions cannot be taken by that 30th day, 

an explanation of the reasons for the delay. 

(2) The Secretary—


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54 

(A) not later than June 3, 1993, shall issue a notice of 

a regulatory proceeding for proposed regulations to carry 

out this subsection; and 

(B) not later than September 3, 1994, shall prescribe 

final regulations to carry out this subsection. 

§ 20117. Authorization of appropriations 

ø(a) GENERAL.— (ø1) 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) $245,000,000 for fiscal year 2008; 

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

(C) $270,000,000 for fiscal year 2010; 

(D) $280,000,000 for fiscal year 2011; 

(E) $290,000,000 for fiscal year 2012; and 

(F) $300,000,000 for fiscal year 2013. 

(2) With amounts appropriated pursuant to paragraph (1), 

the Secretary may designate the following amounts for research 

and development: 

(A) $40,000,000. 

(B) $42,000,000. 

(C) $44,000,000. 

(D) $46,000,000. 

(E) $48,000,000. 

(F) $51,000,000. 

(3) With amounts appropriated pursuant to paragraph (1), 

the Secretary shall purchase Gage Restraint Measurement System vehicles and track geometry vehicles or other comparable 

technology as needed to assess track safety, consistent with the 

results of the track inspection study required by section 403 of 

the Railroad Safety Enhancement Act of 2007. 

(4) 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 Testing and Training at 

the Transportation Technology Center, Inc., in Pueblo, Colorado. The facility shall be used to test and evaluate the safety 


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55 

and security 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. 

(5) Such sums as may be necessary from the amount appropriated pursuant to paragraph (1) for each of the fiscal years 

2008 through 2013 shall be made available to the Secretary for 

personnel in regional offices and in Washington, D.C., whose 

duties primarily involve rail security. 

(b) GRADE CROSSING SAFETY.—Not more than $1,000,000 may be 

appropriated to the Secretary for improvements in grade crossing 

safety, except demonstration projects under section 20134(c) of this 

title. Amounts appropriated under this subsection remain available 

until expended. 

(c) RESEARCH AND DEVELOPMENT, AUTOMATED TRACK INSPECTION, 

AND STATE PARTICIPATION GRANTS.—Amounts appropriated under 

this section for research and development, automated track inspection, and grants under section 20105(e) of this title remain available until expended. 

(d) MINIMUM AVAILABLE FOR CERTAIN PURPOSES.—At least 50 percent of the amounts appropriated to the Secretary for a fiscal year 

to carry out railroad research and development programs under 

this chapter or another law shall be available for safety research, 

improved track inspection and information acquisition technology, 

improved railroad freight transportation, and improved railroad 

passenger systems. 

(e) OPERATION LIFESAVER.—In addition to amounts otherwise authorized by law, there are authorized to be appropriated for railroad research and development $300,000 for fiscal year 1995, 

$500,000 for fiscal year 1996, and $750,000 for fiscal year 1997, to 

support Operation Lifesaver, Inc. 

§ 20118. Prohibition on public disclosure of required railroad 

safety analyses records 

(a) IN GENERAL.—Notwithstanding section 552 of title 5 or any 

other provision of law, except as necessary for the Secretary of 

Transportation or another Federal agency to enforce or carry out 

any provision of Federal law, the Secretary shall not disclose publicly any part of any record (including, but not limited to, a railroad 

carrier’s analysis of its safety risks and its statement of the mitigation measures it has identified with which to address those risks) 

that the Secretary has obtained pursuant to a provision of, or regulation or order under, this chapter related to the establishment, implementation, or modification of a railroad safety risk reduction 

program or pilot program if the record is— (1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; or 

(2) made available for inspection and copying by an officer, 

employee, or agent of the Secretary pursuant to that safety risk 

reduction program or pilot program. 

(b) EXCEPTION.—Notwithstanding subsection (a), the Secretary 

may disclose any part of any record comprised of facts otherwise 

available to the public if, in the Secretary’s sole discretion, the SecVerDate Aug 31 2005 06:47 Mar 04, 2008 Jkt 069010 PO 00000 Frm 00057 Fmt 6604 Sfmt 6603 E:\HR\OC\SR270.XXX SR270

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retary determines that disclosure would be consistent with the confidentiality needed for that safety risk reduction program. 

(c) DISCRETIONARY PROHIBITION OF DISCLOSURE.—The Secretary 

may prohibit the public disclosure of risk analyses or risk mitigation analyses that the Secretary has obtained under other provisions 

of, or regulations or orders under, this chapter if the Secretary determines that the prohibition of public disclosure is necessary to 

promote railroad safety. 

§ 20119. Discovery and admission into evidence of certain reports and surveys 

Notwithstanding any other provision of law, no part of any report, survey, schedule, list, or data compiled or collected for the purpose of evaluating, planning, or implementing a railroad safety risk 

reduction program or other risk or risk mitigation analysis designated by the Secretary of Transportation under section 20118(c) 

pursuant to a provision of, or regulation or order under, this chapter (including a railroad carrier’s analysis of its safety risks and its 

statement of the mitigation measures with which it will address 

those risks) shall be subject to discovery or admitted into evidence 

in a Federal or State court proceeding, or considered for another 

purpose, in any action by a private party or parties for damages 

against the carrier, or its officers, employees, or contractors. The 

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

otherwise available to the public. 

§ 20120. Enforcement Report. 

(a) IN GENERAL.—Not later than December 31, 2008, the Secretary of Transportation shall make available to the public and 

publish on its public website an annual report that— (1) provides a summary of railroad safety and hazardous materials compliance inspections and audits that Federal or state 

inspectors conducted in the prior fiscal year organized by type 

of alleged violation, including track, motive power and equipment, signal, grade crossing, operating practices, accident and 

incidence reporting, and hazardous materials; 

(2) provides a summary of all enforcement actions taken by 

the Secretary or the Federal Railroad Administration during 

the prior fiscal year, including—

(A) the number of civil penalties assessed against railroad carriers, hazardous material shippers, and individuals; 

(B) the initial amount of civil penalties assessed against 

railroad carriers, hazardous materials shippers, and individuals; 

(C) the number of civil penalty cases settled against railroad carriers, hazardous material shippers, and individuals; 

(D) the final amount of civil penalties assessed against 

railroad carriers, hazardous materials shippers, and individuals; 

(E) the difference between the initial and final amounts 

of civil penalties assessed against railroad carriers, hazardous materials shippers, and individuals; 


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57 

(F) the number of administrative hearings requested and 

completed related to hazardous materials transportation 

law violations or enforcement actions against individuals; 

(G) the number of cases referred to the Attorney General 

for civil or criminal prosecution; 

(H) the number and subject matter of all compliance orders, emergency orders or precursor agreements; 

(3) analyzes the effect of the number of inspections conducted 

and enforcement actions taken on the number and rate of reported accidents and incidents and railroad safety; 

(4) identifies the number of locomotive engineer certification 

denial or revocation cases appealed to and the average length 

of time it took to be decided by—

(A) the Locomotive Engineer Review Board; 

(B) an Administrative Hearing Officer or Administrative 

Law Judge; or 

(C) the Administrator of the Federal Railroad Administration; 

(5) provides any explanation regarding changes in the Secretary’s or the Federal Railroad Administration’s enforcement 

programs or policies that may substantially affect the information reported; and 

(6) includes any additional information that the Secretary determines is useful to improve the transparency of its enforcement program. 

SUBTITLE V. RAIL PROGRAMS

PART A. SAFETY

CHAPTER 201. GENERAL

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 items of nominal value and distribute them to the public without charge as part of an educational 

or awareness program to accomplish the purposes of this section 

and of any other sections of this title related to improving the safety 

of highway-rail crossings and to preventing trespass on railroad 

rights of way, and the Secretary shall prescribe guidelines for the 

administration of this authority. 

(b) SIGNAL SYSTEMS AND OTHER DEVICES.—Not later than June 

22, 1989, the Secretary shall prescribe regulations and issue orders 

to ensure the safe maintenance, inspection, and testing of signal 

systems and devices at railroad highway grade crossings. 

(c) DEMONSTRATION PROJECTS.—


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(1) The Secretary shall establish demonstration projects to 

evaluate whether accidents and incidents involving trains 

would be reduced by—

(A) reflective markers installed on the road surface or on 

a signal post at railroad grade crossings; 

(B) stop signs or yield signs installed at grade crossings; 

and 

(C) speed bumps or rumble strips installed on the road 

surfaces at the approaches to grade crossings. 

(2) Not later than June 22, 1990, the Secretary shall submit 

a report on the results of the demonstration projects to the 

Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate. 

* * * * * * * 

ø§ 20151. Railroad trespassing and vandalism prevention 

strategy¿ 

ø(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 and vandalism affecting railroad safety, 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 shall be 

completed within 1 year after November 2, 1994. The Secretary 

shall revise such model prevention strategies and enforcement 

codes periodically.¿ 

§ 20151. Railroad trespassing, vandalism, and highway-rail 

grade crossing warning sign 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, vandalism affecting railroad safety, and violations of highway-rail grade crossing warning signs and develop 

model prevention strategies and enforcement laws to be used for the 

consideration of State and local legislatures and governmental entities. The first such evaluation and review concerning violations of 

grade crossing signals shall be completed within 1 year after the 

date of enactment of the Railroad Safety Enhancement Act of 2007. 

The Secretary shall revise the 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 inVerDate Aug 31 2005 06:47 Mar 04, 2008 Jkt 069010 PO 00000 Frm 00060 Fmt 6604 Sfmt 6601 E:\HR\OC\SR270.XXX SR270

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herent 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 Railroad 

Safety Enhancement Act of 2007, the Secretary, after consultation 

with State and local governments and railroad carriers, shall develop and make available to State and local governments model 

State legislation providing for civil or criminal penalties, or both, 

for violations of highway-rail grade crossing warning signs. 

(d) DEFINITION.—In this section, the term ‘violation of highwayrail grade crossing warning signs’ includes any action by a motorist, unless directed by an authorized safety officer— (1) to drive around a grade crossing gate in a position intended to block passage over railroad tracks; 

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

(3) to drive through a grade crossing with passive warning 

signs without ensuring that the grade crossing could be safely 

crossed before any train arrived; and 

(4) in the vicinity of a grade crossing, who creates a hazard 

of an accident involving injury or property damage at the grade 

crossing. 

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, 


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60 

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. Notification of grade crossing problems 

Not later than 18 months after the date of enactment of the Railroad Safety Enhancement Act of 2007, the Secretary of Transportation shall require each railroad carrier to—

(1) establish and maintain a telephone service, which may be 

required to be a toll-free telephone for specific railroad carriers 

as determined by the Secretary to be appropriate, for rights-ofway over which it dispatches trains, to directly receive calls reporting—

(A) malfunctions of signals, crossing gates, and other devices to promote safety at the grade crossing of railroad 

tracks on those rights-of-way and public or private roads; 

(B) disabled vehicles blocking railroad tracks at such 

grade crossings; 

(C) obstructions to the view of a pedestrian or a vehicle 

operator for a reasonable distance in either direction of a 

train’s approach; or 

(D) other safety information involving such grade crossings; 

(2) upon receiving a report pursuant to paragraph (1)(A) or 

(B), immediately contact trains operating near the grade crossing to warn them of the malfunction or disabled vehicle; 

(3) upon receiving a report pursuant to paragraph (1)(A) or 

(B), and after contacting trains pursuant to paragraph (2), contact, as necessary, appropriate public safety officials having jurisdiction over the grade crossing to provide them with the information necessary for them to direct traffic, assist in the removal of the disabled vehicle, or carry out other activities as appropriate; 

(4) upon receiving a report pursuant to paragraph (1)(C) or 

(D), timely investigate the report, remove the obstruction if possible, or correct the unsafe circumstance; and 

(5) ensure the placement at each grade crossing on rights-ofway that it owns of appropriately located signs, on which shall 

appear, at a minimum— (A) a telephone number to be used for placing calls described in paragraph (1) to the railroad carrier dispatching 

trains on that right-of-way; 

(B) an explanation of the purpose of that telephone number; and 

(C) the grade crossing number assigned for that crossing 

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

* * * * * * * 


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§ 20156. Railroad safety risk reduction pilot program 

(a) PILOT PROGRAM.— (1) IN GENERAL.—In conjunction with ongoing behavior-based 

safety research at the Department of Transportation, the Secretary shall develop a 4-year railroad safety risk reduction pilot 

program to systematically evaluate and manage railroad safety 

risks with the goal of reducing the numbers and rates of railroad accidents, injuries, and fatalities. Not later than 1 year 

after the date of enactment of the Railroad Safety Enhancement 

Act of 2007, the Secretary shall, in coordination with selected 

railroads, railroad facilities, nonprofit employee labor organizations that represent safety-related railroad employees employed 

at such railroad or railroad facility, and any other entities that 

the Secretary determines to be relevant, at a minimum— (A) identify the aspects of a selected railroad or railroad 

facility, including operating practices, infrastructure, 

equipment, employee levels and schedules, safety culture, 

management structure, employee training, and other matters, including those not covered by railroad safety regulations or other Federal regulations, that impact railroad 

safety; 

(B) evaluate how these aspects of a selected railroad or 

railroad facility increase or decrease risks to railroad safety; 

(C) develop a safety risk reduction program to improve 

the safety of a selected railroad or railroad facility by reducing the numbers and rates of accidents, injuries, and fatalities through— (i) the mitigation of the aspects of a selected railroad 

or railroad facility that increase risks to railroad safety; and 

(ii) the enhancement of aspects of a selected railroad 

or railroad facility that decrease risks to railroad safety; and 

(D) incorporate into the program the consideration and 

use of existing, new, or novel technology, operating practices, risk management practices or other behavior-based 

practices that could improve railroad safety at the selected 

railroad or railroad facility. 

(2) IMPLEMENTATION DEADLINE.—Not later than 2 years after 

the date of enactment of the Railroad Safety Enhancement Act 

of 2007, the selected railroad or railroad facility shall implement the safety risk reduction program developed under paragraph (1)(C) on the selected railroad or railroad facility and ensure that all employees at the selected railroad or railroad facility have received training related to the program. 

(b) SELECTION OF RAILROAD OR RAILROAD FACILITY FOR PILOT

PROGRAM.—Not later than 6 months after the date of enactment of 

the Railroad Safety Enhancement Act of 2007, the Secretary shall 

develop a voluntary application process to select 1 or more railroad 

or railroad facilities where the pilot project will be implemented. 

The application process shall include criteria for rating applicants, 

such as safety performance, accident and incident history, existence 

of risk management or behavior-based practices at the railroad or 


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railroad facility, number of employees employed at the railroad or 

railroad facility, and other relevant criteria determined by the Secretary. If more than 1 railroad or railroad facility is selected, the 

Secretary shall select railroads and railroad facilities that are representative of the railroad industry as a whole, if possible. 

(c) EVALUATION.—Not later than 6 months after the completion of 

the safety risk reduction program pilot program, the Secretary shall 

submit a report to Congress evaluating the pilot program, which 

shall include— (1) a summary of the railroad safety risk reduction pilot program and description of the actions taken by the Secretary and 

selected railroad or railroad facilities during the program; 

(2) an analysis of the difference in the number and rates of 

accidents, injuries, and fatalities at a selected railroad or railroad facility before and after the implementation of the risk reduction pilot program at a selected railroad or railroad facility; 

and 

(3) guidelines on the preparation and implementation of railroad safety risk reduction program for the railroad carriers required to develop such plans under section 20157 that reflect 

that best practices developed during the pilot program. 

(d) GRANTS.—The Secretary shall establish a grant program for 

implementation of the railroad safety risk reduction pilot program. 

Railroads and railroad facilities selected by the Secretary shall be 

eligible for grants. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary of Transportation $1,000,000 for 

fiscal years 2009 and 2010 to carry out this section. 

§ 20157. Railroad safety risk reduction program 

(a) IN GENERAL.— (1) PROGRAM REQUIREMENT.—Not later than 5 years after the 

date of enactment, the Secretary, by regulation, shall require 

each railroad carrier that is a Class I railroad, a railroad carrier that has inadequate safety performance (as determined by 

the Secretary), or a railroad that provides intercity passenger or 

commuter rail passenger transportation— (A) to develop a railroad safety risk reduction program 

under subsection (d) that systematically evaluates systemwide railroad safety risks and manages those risks in order 

to reduce the numbers and rates of railroad accidents, injuries, and fatalities; 

(B) to submit its program, including any required plans, 

to the Federal Railroad Administration for its review and 

approval; and 

(C) to implement the program and plans approved by the 

Federal Railroad Administration. 

(2) RELIANCE ON PILOT PROGRAM.—The Secretary shall use 

the information and experience gathered through the pilot program under section 20156 in developing regulations under this 

section. 

(3) WAIVERS.—The Secretary may grant a waiver under section 20103(d) to a railroad carrier from compliance with all or 

a part of the requirements of this section if the Secretary deterVerDate Aug 31 2005 06:47 Mar 04, 2008 Jkt 069010 PO 00000 Frm 00064 Fmt 6604 Sfmt 6603 E:\HR\OC\SR270.XXX SR270

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mines that the safety performance of the railroad carrier is sufficient to warrant the waiver. 

(4) VOLUNTARY COMPLIANCE.—A railroad carrier that is not 

required to submit a railroad safety risk reduction program 

under this section may voluntarily submit a program that 

meets the requirements of this section to the Federal Railroad 

Administration. The Federal Railroad Administration shall approve or disapprove any program submitted under this paragraph. 

(b) CERTIFICATION.—The chief official responsible for safety of 

each railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall certify that the contents 

of the program are accurate and that the railroad will implement 

the contents of the program as approved by the Federal Railroad 

Administration. 

(c) RISK ANALYSIS.—In developing its railroad safety risk reduction program each railroad required to submit such a program 

under subsection (a) shall identify and analyze the aspects of its 

railroad, including operating practices, infrastructure, equipment, 

employee levels and schedules, safety culture, management structure, employee training, and other matters, including those not covered by railroad safety regulations or other Federal regulations, that 

impact railroad safety. 

(d) PROGRAM ELEMENTS.— (1) IN GENERAL.—Each railroad required to submit a railroad 

safety risk reduction program under subsection (a) shall develop 

a comprehensive safety risk reduction program to improve safety by reducing the number and rates of accidents, injuries, and 

fatalities that is based on the risk analysis required by subsection (c) through— (A) the mitigation of aspects that increase risks to railroad safety; and 

(B) the enhancement of aspects that decrease risks to railroad safety. 

(2) REQUIRED COMPONENTS.—Each railroad’s safety risk reduction program shall include a technology implementation 

plan that meets the requirements of subsection (e) and a fatigue 

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

(e) TECHNOLOGY IMPLEMENTATION PLAN.— (1) IN GENERAL.—As part of its railroad safety risk reduction 

program, a railroad required to submit a railroad safety risk 

reduction program under subsection (a) shall develop a 10-year 

technology implementation plan that describes the railroad’s 

plan for development, adoption, implementation, and use of 

current, new, or novel technologies on its system over a 10-year 

period to reduce safety risks identified under the railroad safety 

risk reduction program. 

(2) TECHNOLOGY ANALYSIS.—A railroad’s technology implementation plan shall include an analysis of the safety impact, 

feasibility, and cost and benefits of implementing technologies, 

including processor-based technologies, positive train control 

systems (as defined in section 20158(b)), electronically controlled pneumatic brakes, rail integrity inspection systems, rail 

integrity warning systems, switch position indicators, trespasser 


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prevention technology, highway rail grade crossing technology, 

and other new or novel railroad safety technology, as appropriate, that may mitigate risks to railroad safety identified in 

the risk analysis required by subsection (c). 

(3) IMPLEMENTATION SCHEDULE.—A railroad’s technology implementation plan shall contain a prioritized implementation 

schedule for the development, adoption, implementation, and 

use of current, new, or novel technologies on its system to reduce 

safety risks identified under the railroad safety risk reduction 

program. 

(f) FATIGUE MANAGEMENT PLAN.—

(1) IN GENERAL.—As part of its railroad safety risk reduction 

program, a railroad required to submit a railroad safety risk 

reduction program under subsection (a) for which the analysis 

under subsection (c) has shown fatigue to be a significant 

source of risk shall develop a fatigue management plan that is 

designed to reduce the fatigue experienced by safety-related railroad employees and to reduce the likelihood of accidents, injuries, and fatalities caused by fatigue. 

(2) TARGETED FATIGUE COUNTERMEASURES.—A railroad’s fatigue management plan shall take into account the varying circumstances of operations by the railroad on different parts of 

its system, and shall prescribe appropriate fatigue countermeasures to address those varying circumstances. 

(3) ADDITIONAL ELEMENTS.—A railroad shall consider the 

need to include in its fatigue management plan elements addressing each of the following items, as applicable: 

(A) Employee education and training on the physiological 

and human factors that affect fatigue, as well as strategies 

to reduce or mitigate the effects of fatigue, based on the 

most current scientific and medical research and literature. 

(B) Opportunities for identification, diagnosis, and treatment of any medical condition that may affect alertness or 

fatigue, including sleep disorders. 

(C) Effects on employee fatigue of an employee’s shortterm or sustained response to emergency situations, such as 

derailments and natural disasters, or engagement in other 

intensive working conditions. 

(D) Scheduling practices for employees, including innovative scheduling practices for employees, including scheduling procedures, on-duty call practices, work and rest cycles, increases in consecutive days off for employees, 

changes in shift patterns, appropriate scheduling practices 

for varying types of work, and other aspects of employee 

scheduling that would reduce employee fatigue and cumulative sleep loss. 

(E) Methods to minimize accidents and incidences that 

occur as a result of working at times when scientific and 

medical research have shown increased fatigue disrupts 

employees’ circadian rhythm. 

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

address acute sleepiness and fatigue while an employee is 

on duty. 


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(G) Opportunities to obtain restful sleep at lodging facilities, including employee sleeping quarters provided by the 

railroad carrier. 

(H) The increase of the number of consecutive hours of 

off-duty rest, during which an employee receives no communication from the employing railroad carrier or its managers, supervisors, officers, or agents. 

(I) Avoidance of abrupt changes in rest cycles for employees. 

(J) Additional elements that the Secretary considers appropriate. 

(g) CONSENSUS.—

(1) IN GENERAL.—Each railroad required to submit a railroad 

safety risk reduction program under subsection (a) shall consult 

with, employ good faith and use its best efforts to reach agreement with, all of its directly affected employees, including any 

non-profit labor organization representing a class or craft of directly affected employees of the railroad carrier, on the contents 

of the safety risk reduction program. 

(2) STATEMENT.—If the railroad carrier and its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the railroad carrier, cannot reach consensus on the proposed contents of the plan, then directly affected employees and 

such organization may file a statement with the Secretary explaining their views on the plan on which consensus was not 

reached. The Secretary shall consider such views during review 

and approval of the program. 

(h) ENFORCEMENT.—The Secretary shall have the authority to assess civil penalties pursuant to chapter 213 for a violation of this 

section, including the failure to submit, certify, or comply with a 

safety risk reduction program, technology implementation plan, or 

fatigue management plan. 

§ 20158. Positive train control system implementation 

(a) IN GENERAL.—The Secretary of Transportation shall ensure 

that each railroad required to submit a railroad safety risk reduction program pursuant to section 20157 that includes in its technology implementation plan a schedule for implementation of a 

positive train control system complies with that schedule and implements its positive train control system by December 31, 2018, unless 

the Secretary determines that a railroad shall implement its positive 

train control system by an earlier date. 

(b) POSITIVE TRAIN CONTROL SYSTEM DEFINED.—The term ‘‘positive train control system’’ means a system designed to prevent trainto-train collisions, overspeed derailments, and incursions into roadway worker work limits. 

§ 20159. Roadway user sight distance at highway-rail grade 

crossings 

(a) IN GENERAL.—Not later than 18 months after the date of enactment of the Railroad Safety Enhancement Act of 2007, the Secretary of Transportation shall prescribe regulations that require 

each railroad carrier to remove from its active rights-of-way at all 


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

grade crossings open to unrestricted public access (as declared in 

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

trees, and other vegetation which may materially obstruct the view 

of a pedestrian or a vehicle operator for a reasonable distance, as 

specified by the Secretary, in either direction of the train’s approach, 

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

vegetation. In prescribing the regulations, the Secretary shall take 

into consideration to the extent practicable— (1) the type of warning device or warning devices installed at 

such crossings; 

(2) factors affecting the timeliness and effectiveness of roadway user decisionmaking, including the maximum allowable 

roadway speed, maximum authorized train speed, angle of 

intersection, and topography; 

(3) the presence or absence of other sight distance obstructions 

off the railroad right-of-way; and 

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

(b) PROTECTED VEGETATION.—In promulgating regulations pursuant to this section, the Secretary may make allowance for preservation of trees and other ornamental or protective growth where State 

or local law or policy would otherwise protect the vegetation from 

removal and where the roadway authority or private crossing holder 

is notified of the sight distance obstruction and, within a reasonable 

period specified by the regulation, takes appropriate action to abate 

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

(c) MODEL LEGISLATION.—Not later than 18 months after the date 

of enactment of the Railroad Safety Enhancement Act of 2007, the 

Secretary, after consultation with the Federal Railroad Administration, the Federal Highway Administration, and States, shall develop 

and make available to States model legislation providing for improving safety by addressing sight obstructions, at highway-rail 

grade crossings that are equipped solely with passive warnings, as 

recommended by the Inspector General of the Department of Transportation in Report No. MH–2007–044. 

§ 20160. National crossing inventory 

(a) INITIAL REPORTING OF INFORMATION ABOUT PREVIOUSLY UNREPORTED CROSSINGS.—Not later than 1 year after the date of enactment of the Railroad Safety Enhancement Act of 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 2 years after 

the date of enactment of the Railroad Safety Enhancement Act 


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of 2007 and on or before September 30 of every year thereafter, 

or as otherwise specified by the Secretary, each railroad carrier 

shall— (A) report to the Secretary current information, including information about warning devices and signage, as specified by 

the Secretary, concerning each crossing through which it operates; or 

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

crossing. 

(2) A railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the Railroad Safety Enhancement Act of 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 Railroad Safety Enhancement 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 explicitly authorized by a public authority 

or a railroad that is dedicated for the use of nonvehicular 

traffic, including pedestrians, bicyclists, and others, that is 

not associated with a public highway, road, or street, or a 

private roadway, crosses one or more railroad tracks either 

at grade or grade-separated. 

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

States, the District of Columbia, or the Commonwealth of Puerto Rico. 

§ 20161. Fostering introduction of new technology to improve 

safety at highway-rail grade crossings 

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

to encourage the development of new technology that can prevent 

loss of life and injuries at highway-rail grade crossings. The Secretary of Transportation shall carry out this policy in consultation 

with States and necessary public and private entities. 

(b) SUBMISSION OF NEW TECHNOLOGY PROPOSALS.—Railroad carriers and railroad suppliers may submit for review and approval to 


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the Secretary such new technology designed to improve safety at 

highway-rail grade crossings. The Secretary shall approve the new 

technology designed to improve safety at highway-rail grade crossings in accordance with Federal Railroad Administration standards 

for the development and use of processor-based signal and train 

control systems and shall consider the effects on safety of highwayuser interface with the new technology. 

(c) EFFECT OF SECRETARIAL APPROVAL.—If the Secretary approves 

new technology to provide warning to highway users at a highwayrail grade crossing and such technology is installed at a highwayrail grade crossing in accordance with the conditions of the approval, this determination preempts any State law concerning the 

adequacy of the technology in providing warning at the crossing. 

Under no circumstances may a person (including a State, other public authority, railroad carrier, system designer, or supplier of the 

technology) be held liable for damages for any harm to persons or 

property because of an accident or incident at the crossing protected 

by such technology based upon the carrier’s failure to properly inspect and maintain such technology, if the carrier has inspected and 

maintained the technology in accordance with the terms of the Secretary’s approval. 

§ 20162. Employee training 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of the Railroad Safety Enhancement Act of 2007, the Secretary 

of Transportation shall issue regulations requiring railroad carriers 

and railroad carrier contractors and subcontractors to develop 

training plans for crafts and classes of employees, as the Secretary 

determines appropriate. 

(b) CONTENTS.—The Secretary shall require that each training 

plan—

(1) clearly identify the class of craft of employees to which the 

plan applies; 

(2) require that employees be trained on the requirements of 

relevant Federal railroad safety laws, regulations, and orders; 

(3) require employees to be tested or otherwise demonstrate 

their proficiency in the subject matter of the training; and 

(4) contain any other relevant information that the Secretary 

deems appropriate. 

(c) SUBMISSION FOR APPROVAL.—The Secretary shall require each 

railroad carrier, railroad carrier contractor, and railroad carrier 

subcontractor to submit its training plan to the Federal Railroad 

Administration for review and approval. 

(d) EXEMPTION.—The Secretary may exempt railroad carriers and 

railroad carrier contractors and subcontractors from submitting 

training plans covering employees for which the Secretary has 

issued training regulations before the date of enactment of the Railroad Safety Enhancement Act of 2007. 

§ 20163. Railroad safety technology grants 

(a) GRANT PROGRAM.—The Secretary of Transportation shall establish a grant program for the deployment of train control technologies, train control component technologies, processor-based technologies, electronically controlled pneumatic brakes, rail integrity 


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inspection systems, rail integrity warning systems, switch position 

indicators, remote control power switch technologies, track integrity 

circuit technologies, and other new or novel railroad safety technology. 

(b) GRANT CRITERIA.— (1) ELIGIBILITY.—Grants shall be made under this section to 

eligible passenger and freight railroad carriers, railroad suppliers, and State and local governments for projects described 

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

and network efficiency. 

(2) CONSIDERATIONS.—Priority shall be given to projects 

that—(A) focus on making technologies interoperable between 

railroad systems, such as train control technologies; 

(B) provide incentives for train control technology deployment on high-risk corridors, such as those that have high 

volumes of hazardous materials shipments or over which 

commuter or passenger trains operate; or 

(C) benefit both passenger and freight safety and efficiency. 

(3) TECHNOLOGY IMPLEMENTATION PLAN.—Grants may not be 

awarded under this section to entities that fail to develop and 

submit to the Secretary a technology implementation plan as required by section 20157(d)(2). 

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

be appropriated to the Secretary of Transportation $20,000,000 for 

each of fiscal years 2008 through 2013 to carry out this section. 

Amounts appropriated pursuant to this section shall remain available until expended. 

§ 20164. Railroad safety infrastructure improvement grants 

(a) GRANT PROGRAM.—The Secretary of Transportation shall establish a grant program for safety improvements to railroad infrastructure, including the acquisition, improvement, or rehabilitation 

of intermodal or rail equipment or facilities, including track, 

bridges, tunnels, yards, buildings, passenger stations, facilities, and 

maintenance and repair shops. 

(b) ELIGIBILITY.—Grants shall be made under this section to eligible passenger and freight railroad carriers, and State and local governments for projects described in subsection (a). 

(c) CONSIDERATIONS.—In awarding grants the Secretary shall 

consider, at a minimum—

(1) the age and condition of the rail infrastructure of the applicant; 

(2) the railroad’s safety record, including accident and incident numbers and rates; 

(3) the volume of hazardous materials transported by the railroad; 

(4) the operation of passenger trains over the railroad; and 

(5) whether the railroad has submitted a railroad safety risk 

reduction program, as required by section 20157. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary of Transportation $15,000,000 for 

each of fiscal years 2008 through 2013 to carry out this section. 


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Amounts appropriated pursuant to this subsection shall remain 

available until expended. 

§ 20165. Development and use of rail safety technology 

(a) IN GENERAL.—Not later than 1 year after enactment of the 

Railroad Safety Enhancement Act of 2007, the Secretary of Transportation shall issue standards, guidance, regulations, or orders 

governing the development, use, and implementation of rail safety 

technology in dark territory, in arrangements not defined in section 

20501 or otherwise not covered by Federal standards, guidance, regulations, or orders that ensures its safe operation, such as—

(1) switch position monitoring devices; 

(2) radio, remote control or other power-assisted switches; 

(3) hot box, high water or earthquake detectors; 

(4) remote control locomotive zone limiting devices; 

(5) slide fences; 

(6) grade crossing video monitors; 

(7) track integrity warning systems; 

(8) or other similar rail safety technologies, as determined by 

the Secretary. 

(b) DARK TERRITORY DEFINED.—In this section, the term ‘‘dark 

territory’’ means any territory in a railroad system that does not 

have a signal or train control system installed or operational. 

§ 20166. Limitations on non-federal alcohol and drug testing 

(a) TESTING REQUIREMENTS.—Any non-Federal alcohol and drug 

testing program of a railroad carrier must provide that all post-employment tests of the specimens of employees who are subject to both 

the program and chapter 211 of this title be conducted using a scientifically recognized method of testing capable of determining the 

presence of the specific analyte at a level above the cut-off level established by the carrier. 

(b) REDRESS PROCESS.—Each railroad carrier that has a nonFederal alcohol and drug testing program must provide a redress 

process to its employees who are subject to both the alcohol and 

drug testing program and chapter 211 of this title for such an employee to petition for, and receive, a carrier hearing to review his or 

her specimen test results that were determined to be in violation of 

the program. A dispute or grievance raised by a railroad carrier or 

its employee, except a probationary employee, in connection with the 

carrier’s alcohol and drug testing program and the application of 

this section is subject to resolution under section 3 of the Railway 

Labor Act (45 U.S.C. 153). 

SUBTITLE V. RAIL PROGRAMS

PART A. SAFETY

CHAPTER 203. SAFETY APPLIANCES

§ 20303. Moving defective and insecure vehicles needing repairs 

(a) GENERAL.—A vehicle that is equipped in compliance with this 

chapter whose equipment becomes defective or insecure nevertheless may be moved when necessary to make repairs, without a penVerDate Aug 31 2005 06:47 Mar 04, 2008 Jkt 069010 PO 00000 Frm 00072 Fmt 6604 Sfmt 6601 E:\HR\OC\SR270.XXX SR270

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alty being imposed under section 21302 of this title, from the place 

at which the defect or insecurity was first discovered to the nearest 

available place at which the repairs can be made—

(1) on the railroad line on which the defect or insecurity was 

discovered; or 

(2) at the option of a connecting railroad carrier, on the railroad line of the connecting carrier, if not farther than the place 

of repair described in clause (1) of this subsection. 

(b) USE OF CHAINS INSTEAD OF DRAWBARS.—A vehicle in a revenue train or in association with commercially-used vehicles may 

be moved under this section with chains instead of drawbars only 

when the vehicle contains livestock or perishable freight. 

(c) LIABILITY.—The movement of a vehicle under this section is 

at the risk only of the railroad carrier doing the moving. This section does not relieve a carrier from liability in a proceeding to recover damages for death or injury of a railroad employee arising 

from the movement of a vehicle with equipment that is defective, 

insecure, or not maintained in compliance with this chapter. 

(d) ADDITIONAL CONDITIONS FOR MOVEMENT TO MAKE REPAIRS

TO DEFECTIVE OR INSECURE VEHICLES.—

(1) IN GENERAL.—The Secretary of Transportation may impose conditions for the movement of a defective or insecure vehicle to make repairs in addition to those conditions set forth in 

subsection (a) by prescribing regulations or issuing orders as 

necessary. 

(2) NECESSITY OF MOVEMENT.—The movement of a defective 

or insecure vehicle from a location may be necessary to make repairs of the vehicle even though a mobile repair truck capable 

of making the repairs has gone to the location on an irregular 

basis (as specified in regulations prescribed by the Secretary). 

(e) DEFINITIONS.—In this section: 

(1) NEAREST.—The term ‘‘nearest’’ means the closest in the 

forward direction of travel for the defective or insecure vehicle. 

(2) PLACE AT WHICH THE REPAIRS CAN BE MADE.—The term 

‘‘place at which the repairs can be made’’ means—

(A) a location with a fixed facility for conducting the repairs that are necessary to bring the defective or insecure 

vehicle into compliance with this chapter; or 

(B) a location where a mobile repair truck capable of 

making the repairs that are necessary to bring the defective 

or insecure vehicle into compliance with this chapter makes 

the same kind of repair at the location regularly (as specified in regulations prescribed by the Secretary). 

CHAPTER 211. HOURS OF SERVICE

§ 21101. Definitions 

In this chapter—

(1) ‘‘designated terminal’’ means the home or away-fromhome terminal for the assignment of a particular crew. 

(2) ‘‘dispatching service employee’’ means an operator, train 

dispatcher, or other train employee who by the use of an electrical or mechanical device dispatches, reports, transmits, reVerDate Aug 31 2005 06:47 Mar 04, 2008 Jkt 069010 PO 00000 Frm 00073 Fmt 6604 Sfmt 6601 E:\HR\OC\SR270.XXX SR270

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ceives, or delivers orders related to or affecting train movements. 

(3) ‘‘employee’’ means a dispatching service employee, a signal employee, or a train employee. 

(4) ‘‘signal employee’’ means an individual øemployed by a 

railroad carrier¿ who is engaged in installing, repairing, or 

maintaining railroad signal systems. 

(5) ‘‘train employee’’ means an individual engaged in or connected with the movement of a train, including a hostler. 

ø§ 21102. Nonapplication and exemption¿ 

§ 21102. Nonapplication, exemption, and alternate hours of 

service regime 

(a) GENERAL.—This chapter does not apply to a situation involving any of the following: 

(1) a casualty. 

(2) an unavoidable accident. 

(3) an act of God. 

(4) a delay resulting from a cause unknown and unforeseeable to a railroad carrier or its officer or agent in charge of the 

employee when the employee left a terminal. 

(b) EXEMPTION.—The Secretary of Transportation may exempt a 

railroad carrier having not more than 15 employees covered by this 

chapter from the limitations imposed by this chapter. The Secretary may allow the exemption after a full hearing, for good cause 

shown, and on deciding that the exemption is in the public interest 

and will not affect safety adversely. The exemption shall be for a 

specific period of time and is subject to review at least annually. 

The exemption may not authorize a carrier to require or allow its 

employees to be on duty more than a total of 16 hours in a 24-hour 

period. 

(c) ALTERNATE HOURS OF SERVICE REGIME.—A railroad carrier 

and its directly affected employees or a non-profit employee labor organization that represents such employees may jointly develop and 

submit for approval to the Secretary an alternate hours of service 

regime to that provided in this chapter that would increase the maximum hours an employee may be required or allowed to go or remain on duty or decrease the minimum hours an employee may be 

required to rest and would become effective no earlier than 1 year 

after the date of enactment of the Railroad Safety Enhancement Act 

of 2007. The Secretary may consider such a request anytime after 

the date of enactment of the Railroad Safety Enhancement Act of 

2007 and may approve such a request only after providing an opportunity for public notice and comment and determining that the 

proposed hours of service regime is in the public interest and will 

not adversely affect railroad safety. The exemption shall be for a 

specific period of time and shall be subject to review upon a schedule determined appropriate by the Secretary. 

§ 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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73 

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) IN GENERAL.—Except as provided in subsection (d) of this section, a railroad carrier and its officers and agents may not require 

or allow a train employee to— (1) remain or go on duty in any calendar month where the 

employee had spent a total of 276 hours— (A) on duty; or 

(B) waiting for transportation, or in deadhead transportation, to a place of final release; 

(2) remain or go on duty for a period in excess of 12 consecutive hours; 

(3) remain or go on duty unless that employee has had at 

least 10 consecutive hours off duty during the prior 24 hours; 

and 

(4) remain or go on duty after that employee has initiated an 

on-duty period each day for— (A) 6 consecutive days, unless that employee has had at 

least 48 consecutive hours off duty at the employee’s home 

terminal during which time the employee is unavailable for 

any service for any railroad carrier; or 

(B) 7 consecutive days, if permitted by a collective bargaining agreement, unless that employee has had at least 

72 consecutive hours off duty at the employee’s home terminal during which time the employee is unavailable for 

any service for any railroad carrier. 

The Secretary may waive paragraph (4), consistent with the procedural requirements of section 20103, if a collective bargaining 

agreement provides a different arrangement and such an arrangement is in the public interest and consistent with railroad safety. 

(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) Time on duty begins when the employee reports for duty 

and ends when the employee is finally released from duty. 

(2) Time the employee is engaged in or connected with the 

movement of a train is time on duty. 

(3) Time spent performing any other service for the railroad 

carrier during a 24-hour period in which the employee is engaged in or connected with the movement of a train is time on 

duty. 

(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 a final release 

is neither time on duty nor time off duty. 

(5) An interim period available for rest at a place other than 

a designated terminal is time on duty. 

(6) An interim period available for less than 4 hours rest at 

a designated terminal is time on duty. 

(7) An interim period available for at least 4 hours rest at 

a place with suitable facilities for food and lodging is not time 


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74 

on duty when the employee is prevented from getting to the 

employee’s designated terminal by any of the following: 

(A) a casualty. 

(B) a track obstruction. 

(C) an act of God. 

(D) a derailment or major equipment failure resulting 

from a cause that was unknown and unforeseeable to the 

railroad carrier or its officer or agent in charge of that employee when that employee left the designated terminal. 

(c) LIMBO TIME LIMITATION AND ADDITIONAL REST REQUIRE- MENT.—

(1) A railroad carrier may not require or allow an employee 

to remain or go on duty in excess of 15 hours of time on duty 

and time waiting for deadhead transportation on a train, not 

including interim rest periods unless the train carrying the employee is directly delayed by— (A) a casualty; 

(B) an accident; 

(C) an act of God; 

(D) a derailment; 

(E) a major equipment failure that prevents the train 

from advancing; or 

(F) a delay resulting from a cause unknown and unforeseeable to a railroad carrier or its officer or agent in charge 

of the employee when the employee left a terminal. 

(2) Each railroad shall report to the Secretary, in accordance 

with procedures established by the Secretary, each instance 

where an employee subject to this section spends time waiting 

for deadhead transportation on a train in excess of the requirements of paragraph (1). 

(3) A railroad carrier and its officers and agents shall provide, at the election of employees subject to this section at the 

beginning of the employee’s off-duty period additional time off 

duty equal to the number of hours that such sum exceeds 12 

hours if—

(A) the time spent waiting for transportation, or in 

deadhead transportation, from a duty assignment to the 

place of final release that is not time on duty, plus 

(B) the time on duty, 

exceeds 12 consecutive hours. 

ø(c)¿ (d) EMERGENCIES.—A train employee on the crew of a 

wreck or relief train may be allowed to remain or go on duty for 

not more than 4 additional hours in any period of 24 consecutive 

hours when an emergency exists and the work of the crew is related to the emergency. In this subsection, an emergency ends 

when the track is cleared and the railroad line is open for traffic. 

(e) COMMUNICATION DURING TIME OFF DUTY.—During a train 

employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a), during an interim period of at least 4 

consecutive hours available for rest under subsection (b)(7), or during additional off duty hours elected to be taken by an employee 

under paragraph (b)(3), 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 


bajohnson on PROD1PC77 with REPORTS
75 

reasonably be expected to disrupt the employee’s rest. Nothing in 

this subsection shall prohibit communication necessary to notify an 

employee of an emergency situation, as defined by the Secretary. The 

Secretary may waive the requirements of this paragraph for commuter or intercity passenger railroads if the Secretary determines 

that such a waiver will not reduce safety and is necessary to maintain such railroads’ efficient operations and on-time performance of 

its trains. 

§ 21104. Limitations on duty hours of signal employees 

ø(a) GENERAL.— ø(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, 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) IN GENERAL.—Except as provided in subsection (c) of this section, a railroad carrier and its officers and agents may not require 

or allow its signal employee to remain or go on duty and a contractor or subcontractor to a railroad may not require or allow one 

of its signal employees to remain or go on duty — (1) for a period in excess of 12 consecutive hours; or 

(2) unless that employee has had at least 10 consecutive hours 

off duty during the prior 24 hours. 

(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) Time on duty begins when the employee reports for duty 

and ends when the employee is finally released from duty. 

(2) Time spent performing any other service for the railroad 

carrier during a 24-hour period in which the employee is engaged in installing, repairing, or maintaining signal systems is 

time on duty. 

(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 øduty, 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.¿ duty. 

(4) If, at the end of scheduled duty hours, an employee has 

not completed the trip from the final outlying worksite of the 

duty period to the employee’s headquarters or directly to the 


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76 

employee’s residence, the time after the scheduled duty hours 

necessarily spent in completing the trip to the residence or 

headquarters is neither time on duty nor time off duty. 

(5) If an employee is released from duty at an outlying worksite before the end of the employee’s scheduled duty hours to 

comply with this section, the time necessary for the trip from 

the worksite to the employee’s headquarters or directly to the 

employee’s residence is neither time on duty nor time off duty. 

(6) Time spent in transportation on an ontrack vehicle, including time referred to in paragraphs (3)-(5) of this subsection, is time on duty. 

(7) A regularly scheduled meal period or another release period of at least 30 minutes but not more than one hour is time 

off duty and does not break the continuity of service of the employee under this section, but a release period of more than 

one hour is time off duty and does break the continuity of service. 

(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 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 signal employee by telephone, by pager, or in any other manner that 

could reasonably be expected to disrupt the employee’s rest. Nothing 

in this subsection shall prohibit communication necessary to notify 

an employee of an emergency situation, as defined by the Secretary. 

(e) EXCLUSIVITY.—The hours of service, duty hours, and rest periods of signal employees shall be governed exclusively by this chapter. Signal employees operating motor vehicles shall not be subject 

to any hours of service rules, duty hours or rest period rules promulgated by any Federal authority, including the Federal Motor Carrier 

Safety Administration, other than the Federal Railroad Administration. 

§ 21106. Limitations on employee sleeping quarters 

(a) IN GENERAL.—A railroad carrier and its officers and agents—

(1) may provide sleeping quarters (including crew quarters, 

camp or bunk cars, and trailers) for employees, and any individuals employed to maintain the right of way of a railroad 

carrier, only if the sleeping quarters are clean, safe, and øsanitary and give those employees and individuals an opportunity 

for rest free from the interruptions caused by noise under the 

control of the carrier;¿ sanitary, give those employees and individuals an opportunity for rest free from the interruptions 

caused by noise under the control of the carrier, and provide inVerDate Aug 31 2005 06:47 Mar 04, 2008 Jkt 069010 PO 00000 Frm 00078 Fmt 6604 Sfmt 6601 E:\HR\OC\SR270.XXX SR270

bajohnson on PROD1PC77 with REPORTS
77 

door toilet facilities, potable water, and other features to protect 

the health of employees; and 

(2) may not begin, after July 7, 1976, construction or reconstruction of sleeping quarters referred to in clause (1) of this 

section in an area or in the immediate vicinity of an area, as 

determined under regulations prescribed by the Secretary of 

Transportation, in which railroad switching or humping operations are performed. 

(b) CAMP CARS.—No later than 12 months after the date of enactment of the Railroad Safety Enhancement Act of 2007, the Secretary, in consultation with the Secretary of Labor, shall issue regulations governing the use of camp cars, pursuant to subsection 

(a)(1), for employees and any individuals employed to maintain the 

right of way of a railroad carrier. The regulations may also prohibit 

the use of camp cars, if necessary, to protect the health and safety 

of the employees. 

* * * * * * * 

§ 21109. Regulatory authority 

(a) IN GENERAL.—In order to improve safety and reduce employee 

fatigue, the Secretary may issue regulations—

(1) to reduce the maximum hours an employee may be required or allowed to go or remain on duty to a level less than 

the level established under this chapter; 

(2) to increase the minimum hours an employee may be required or allowed to rest to a level greater than the level established under this chapter; 

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

spends waiting for or in deadhead transportation to the place 

of final release that is considered neither on duty nor off duty 

under this chapter; 

(4) to make changes to the number of hours an employee may 

spend waiting on a train for deadhead transportation to the 

place of final release that is considered neither on duty nor off 

duty that provide for an equivalent level of safety as the level 

established under this chapter; 

(5) to make changes to the requirements of off-duty communications with employees that provide for an equivalent level of 

safety as the level established under this chapter; 

(6) for signal employees—

A) to limit or eliminate the amount of time that is considered to be neither on duty nor off duty under this chapter 

that an employee spends returning from an outlying worksite after scheduled duty hours or returning from a trouble 

call to the employee’s headquarters or directly to the employee’s residence; and 

(B) to increase the amount of time that constitutes a release period, that does not break the continuity of service 

and is considered time off duty; and 

(7) to require other changes to railroad operating and scheduling practices that could affect employee fatigue and railroad 

safety. 


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78 

(b) CONSIDERATIONS.—In issuing regulations under subsection (a) 

the Secretary shall consider scientific and medical research related 

to fatigue and fatigue abatement, railroad scheduling and operating 

practices that improve safety or reduce employee fatigue, a railroad’s use of new or novel technology intended to reduce or eliminate human error, the variations in freight and passenger railroad 

scheduling practices and operating conditions, the variations in duties and operating conditions for employees subject to this chapter, 

a railroad’s required or voluntary use of fatigue management plans 

covering employees subject to this chapter, and any other relevant 

factors. 

(c) TIME LIMITS.—If the Secretary requests that the Railroad 

Safety Advisory Committee accept the task of developing regulations 

under paragraph (a) and the Committee accepts the task, the Committee shall reach consensus on the rulemaking within 18 months 

after accepting the task. If the Committee does not reach consensus 

within 18 months after the Secretary makes the request, the Secretary shall prescribe appropriate regulations within 18 months. If 

the Secretary does not request that the Railroad Safety Advisory 

Committee accept the task of developing regulations under subsection (a), the Secretary shall issue regulations within 3 years after 

the date of enactment of the Railroad Safety Enhancement Act of 

2007. 

(d) PILOT PROJECTS.—

(1) IN GENERAL.—Not later than 2 years after the date of enactment of the Railroad Safety Enhancement Act of 2007, the 

Secretary shall conduct at least 2 pilot projects of sufficient size 

and scope to analyze specific practices which may be used to reduce fatigue for train and engine and other railroad employees 

as follows: 

(A) A pilot project at a railroad or railroad facility to 

evaluate the efficacy of communicating to employees notice 

of their assigned shift time 10 hours prior to the beginning 

of their assigned shift as a method for reducing employee 

fatigue. 

(B) A pilot project at a railroad or railroad facility to 

evaluate the efficacy of requiring railroads who use employee scheduling practices that subject employees to periods of unscheduled duty calls to assign employees to defined or specific unscheduled call shifts that are followed 

by shifts not subject to call, as a method for reducing employee fatigue. 

(2) WAIVER.—The Secretary may temporarily waive the requirements of this section, if necessary, to complete a pilot 

project under this subsection. 

(e) DUTY CALL DEFINED.—In this section the term ‘‘duty call’’ means a telephone call that a railroad places to an employee to notify the employee of his or her assigned shift time. 

CHAPTER 213. PENALTIES

SUBCHAPTER I. CIVIL PENALTIES

§ 21301. Chapter 201 general violations 

(a) PENALTY.—


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79 

(1) A person may not fail to comply with section 20160 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 20160 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 

(3) The Secretary may compromise the amount of a civil pen- alty imposed under this subsection to not less than $500 before 

referring the matter to the Attorney General for collection. In 

determining the amount of a compromise, the Secretary shall 

consider—

(A) the nature, circumstances, extent, and gravity of the 

violation; 

(B) with respect to the violator, the degree of culpability, 

any history of violations, the ability to pay, and any effect 

on the ability to continue to do business; and 

(C) other matters that justice requires. 

(b) SETOFF.—The Government may deduct the amount of a civil 

penalty imposed or compromised under this section from amounts 

it owes the person liable for the penalty. 

(c) DEPOSIT IN TREASURY.—A civil penalty collected under this 

section or section 20113(b) of this title shall be deposited in the 

Treasury as miscellaneous receipts. 

§ 21302. Chapter 201 accident and incident violations and 

chapter 203-209 violations 

(a) PENALTY.—

(1) Subject to section 21304 of this title, a person violating 

a regulation prescribed or order issued under chapter 201 of 

this title related to accident and incident reporting or investigation, or violating chapters 203-209 of this title or a regulation or requirement prescribed or order issued under chapters 

203-209, is liable to the United States Government for a civil 

penalty. An act by an individual that causes a railroad carrier 

to be in violation is a violation. A separate violation occurs for 

each day the violation continues. 

(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 


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80 

individuals, or has caused death or injury, the amount may be 

not more than ø$20,000.¿ $100,000. 

(3) The Secretary may compromise the amount of the civil 

penalty under section 3711 of title 31. In determining the 

amount of a compromise, the Secretary shall consider—

(A) the nature, circumstances, extent, and gravity of the 

violation; 

(B) with respect to the violator, the degree of culpability, 

any history of violations, the ability to pay, and any effect 

on the ability to continue to do business; and 

(C) other matters that justice requires. 

(4) If the Secretary does not compromise the amount of the 

civil penalty, the Secretary shall refer the matter to the Attorney General for collection. 

(b) CIVIL ACTIONS TO COLLECT.—The Attorney General shall 

bring a civil action in a district court of the United States to collect 

a civil penalty that is referred to the Attorney General for collection under subsection (a) of this section. The action may be brought 

in the judicial district in which the violation occurred or the defendant has its principal executive office. If the action is against an 

individual, the action also may be brought in the judicial district 

in which the individual resides. 

§ 21303. Chapter 211 violations 

(a) PENALTY.—

(1) Subject to section 21304 of this title, a person violating 

chapter 211 of this title, or violating any provision of a waiver 

applicable to that person that has been granted under section 

21108 of this title, is liable to the United States Government 

for a civil penalty. An act by an individual that causes a railroad carrier to be in violation is a violation. For a violation of 

section 21106 of this title, a separate violation occurs for each 

day a facility is not in compliance. 

(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. 

(3) The Secretary may compromise the amount of the civil 

penalty under section 3711 of title 31. In determining the 

amount of a compromise, the Secretary shall consider—

(A) the nature, circumstances, extent, and gravity of the 

violation; 

(B) with respect to the violator, the degree of culpability, 

any history of violations, the ability to pay, and any effect 

on the ability to continue to do business; and 

(C) other matters that justice requires. 

(4) If the Secretary does not compromise the amount of the 

civil penalty, the Secretary shall refer the matter to the Attorney General for collection. 

(b) CIVIL ACTIONS TO COLLECT.—


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(1) The Attorney General shall bring a civil action in a district court of the United States to collect a civil penalty that 

is referred to the Attorney General for collection under subsection (a) of this section after satisfactory information is presented to the Attorney General. The action may be brought in 

the judicial district in which the violation occurred or the defendant has its principal executive office. If the action is 

against an individual, the action also may be brought in the judicial district in which the individual resides. 

(2) A civil action under this subsection must be brought not 

later than 2 years after the date of the violation unless administrative notification under section 3711 of title 31 is given 

within that 2-year period to the person committing the violation. However, even if notification is given, the action must be 

brought within the period specified in section 2462 of title 28. 

(c) IMPUTATION OF KNOWLEDGE.—In any proceeding under this 

section, a railroad carrier is deemed to know the acts of its officers 

and agents. 

PART C-PASSENGER TRANSPORTATION

CHAPTER 243. AMTRAK

* * * * * * * 

§ 24316. Plans to address needs of families of passengers involved in rail passenger accidents 

(a) SUBMISSION OF PLAN.—Not later than 6 months after the date 

of the enactment of the Railroad Safety Enhancement Act of 2007, 

a rail passenger carrier shall submit to the Chairman of the National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving a rail passenger carrier intercity train 

and resulting in a major loss of life. 

(b) CONTENTS OF PLANS.—The plan to be submitted by a rail passenger carrier under subsection (a) shall include, at a minimum, the 

following: 

(1) A process by which a rail passenger carrier will maintain 

and provide to the National Transportation Safety Board, the 

Secretary of Transportation, and the Secretary of Homeland Security, immediately upon request, a list (which is based on the 

best available information at the time of the request) of the 

names of the passengers aboard the train (whether or not such 

names have been verified), and will periodically update the list. 

The plan shall include a procedure, with respect to unreserved 

trains and passengers not holding reservations on other trains, 

for a rail passenger carrier to use reasonable efforts to ascertain 

the number and names of passengers aboard a train involved 

in an accident. 

(2) A plan for creating and publicizing a reliable, toll-free 

telephone number within 4 hours after such an accident occurs, 

and for providing staff, to handle calls from the families of the 

passengers. 


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82 

(3) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, 

by suitably trained individuals. 

(4) A process for providing the notice described in paragraph 

(2) to the family of a passenger as soon as a rail passenger carrier has verified that the passenger was aboard the train 

(whether or not the names of all of the passengers have been 

verified). 

(5) A process by which the family of each passenger will be 

consulted about the disposition of all remains and personal effects of the passenger within a rail passenger carrier’s control; 

that any possession of the passenger within a rail passenger 

carrier’s control will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation; and that any unclaimed possession of a passenger 

within a rail passenger carrier’s control will be retained by the 

rail passenger carrier for at least 18 months. 

(6) A process by which the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers. 

(7) An assurance that a rail passenger carrier will provide 

adequate training to its employees and agents to meet the needs 

of survivors and family members following an accident. 

(c) USE OF INFORMATION.—Neither the National Transportation 

Safety Board, the Secretary of Transportation, the Secretary of 

Homeland Security, nor a rail passenger carrier may release any 

personal information on a list obtained under subsection (b)(1) but 

may provide information on the list about a passenger to the family 

of the passenger to the extent that the Board or a rail passenger carrier considers appropriate. 

(d) LIMITATION ON LIABILITY.—A rail passenger carrier shall not 

be liable for damages in any action brought in a Federal or State 

court arising out of the performance of a rail passenger carrier 

under this section in preparing or providing a passenger list, or in 

providing information concerning a train reservation, pursuant to a 

plan submitted by a rail passenger carrier under subsection (b), unless such liability was caused by a rail passenger carrier’s gross 

negligence or extreme misconduct. 

(e) 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. 

(f) FUNDING.—Out of funds appropriated pursuant to section 

20117(a)(1)(A), there shall be made available to the Secretary of 

Transportation $500,000 for fiscal year 2008 to carry out this section. Amounts made available pursuant to this subsection shall remain available until expended. 


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PART E. MISCELLANEOUS

CHAPTER 281. LAW ENFORCEMENT

§ 28104. Federal rail security officers’ access to information 

(a) ACCESS TO RECORDS OR DATABASE SYSTEMS BY THE ADMINISTRATOR OF THE FEDERAL RAILROAD ADMINISTRATION.—

(1) IN GENERAL.—The Administrator of the Federal Railroad 

Administration is authorized to have access to a system of documented criminal justice information maintained by the Department of Justice or by a State for the purpose of carrying out the 

civil and administrative responsibilities of the Administrator to 

protect the safety, including security, of railroad operations and 

for other purposes authorized by law, including the National 

Crime Prevention and Privacy Compact (42 U.S.C. 14611- 

14616). The Administrator shall be subject to the same conditions or procedures established by the Department of Justice or 

State for access to such an information system by other governmental agencies with access to the system. 

(2) LIMITATION.—The Administrator may not use the access 

authorized under paragraph (1) to conduct criminal investigations. 

(b) DESIGNATED EMPLOYEES OF THE FEDERAL RAILROAD ADMINISTRATION.—The Administrator shall, by order, designate each employee of the Administration whose primary responsibility is rail security who shall carry out the authority described in subsection (a). 

The Administrator shall strictly limit access to a system of documented criminal justice information to persons with security responsibilities and with appropriate security clearances. Such a designated employee may, insofar as authorized or permitted by the 

National Crime Prevention and Privacy Compact or other law or 

agreement governing an affected State with respect to such a 

State—

(1) have access to and receive criminal history, driver, vehicle, 

and other law enforcement information contained in the law enforcement databases of the Department of Justice, or of any jurisdiction in a State in the same manner as a police officer employed by a State or local authority of that State who is certified or commissioned under the laws of that State; 

(2) use any radio, data link, or warning system of the Federal 

Government and of any jurisdiction in a State that provides information about wanted persons, be-on-the-lookout notices, or 

warrant status or other officer safety information to which a police officer employed by a State or local authority in that State 

who is certified or commissioned under the laws of that State 

has access and in the same manner as such police officer; or 

(3) receive Federal, State, or local government communications with a police officer employed by a State or local authority 

in that State in the same manner as a police officer employed 

by a State or local authority in that State who is commissioned 

under the laws of that State. 

(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE INFORMATION

DEFINED.—In this section, the term ‘‘system of documented criminal 

justice information’’ means any law enforcement database, systems, 


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or communications containing information concerning identification, criminal history, arrests, convictions, arrest warrants, or wanted or missing persons, including the National Crime Information 

Center and its incorporated criminal history databases and the National Law Enforcement Telecommunications System. 

* * * * * * * 

TITLE 23. HIGHWAYS 

CHAPTER 1. FEDERAL-AID HIGHWAYS

§ 130. Railway-highway crossings 

(a) Subject to section 120 and subsection (b) of this section, the 

entire cost of construction of projects for the elimination of hazards 

of railway-highway crossings, including the separation or protection 

of grades at crossings, the reconstruction of existing railroad grade 

crossing structures, and the relocation of highways to eliminate 

grade crossings, may be paid from sums apportioned in accordance 

with section 104 of this title. In any case when the elimination of 

the hazards of a railway-highway crossing can be effected by the 

relocation of a portion of a railway at a cost estimated by the Secretary to be less than the cost of such elimination by one of the 

methods mentioned in the first sentence of this section, then the 

entire cost of such relocation project, subject to section 120 and 

subsection (b) of this section, may be paid from sums apportioned 

in accordance with section 104 of this title. 

(b) The Secretary may classify the various types of projects involved in the elimination of hazards of railway-highway crossings, 

and may set for each such classification a percentage of the costs 

of construction which shall be deemed to represent the net benefit 

to the railroad or railroads for the purpose of determining the railroad’s share of the cost of construction. The percentage so determined shall in no case exceed 10 per centum. The Secretary shall 

determine the appropriate classification of each project. 

(c) Any railroad involved in a project for the elimination of hazards of railway-highway crossings paid for in whole or in part from 

sums made available for expenditure under this title, or prior Acts, 

shall be liable to the United States for the net benefit to the railroad determined under the classification of such project made pursuant to subsection (b) of this section. Such liability to the United 

States may be discharged by direct payment to the State transportation department of the State in which the project is located, in 

which case such payment shall be credited to the cost of the 

project. Such payment may consist in whole or in part of materials 

and labor furnished by the railroad in connection with the construction of such project. If any such railroad fails to discharge 

such liability within a six-month period after completion of the 

project, it shall be liable to the United States for its share of the 

cost, and the Secretary shall request the Attorney General to institute proceedings against such railroad for the recovery of the 

amount for which it is liable under this subsection. The Attorney 

General is authorized to bring such proceedings on behalf of the 

United States, in the appropriate district court of the United 

States, and the United States shall be entitled in such proceedings 

to recover such sums as it is considered and adjudged by the court 


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that such railroad is liable for in the premises. Any amounts recovered by the United States under this subsection shall be credited 

to miscellaneous receipts. 

(d) SURVEY AND SCHEDULE OF PROJECTS.—Each State shall conduct and systematically maintain a survey of all highways to identify those railroad crossings which may require separation, relocation, or protective devices, and establish and implement a schedule 

of projects for this purpose. At a minimum, such a schedule shall 

provide signs for all railway-highway crossings. 

(e) FUNDS FOR PROTECTIVE DEVICES.— (1) IN GENERAL.—Before making an apportionment under 

section 104(b)(5) for a fiscal year, the Secretary shall set aside, 

from amounts made available to carry out the highway safety 

improvement program under section 148 for such fiscal year, 

at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings. 

At least 1⁄2 of the funds authorized for and expended under this 

section shall be available for the installation of protective devices at railway-highway crossings. Sums authorized to be appropriated to carry out this section shall be available for obligation in the same manner as funds apportioned under section 

104(b)(1) of this title. 

(2) SPECIAL RULE.—If a State demonstrates to the satisfaction of the Secretary that the State has met all its needs for 

installation of protective devices at railway-highway crossings, 

the State may use funds made available by this section for 

other purposes under this subsection. 

(f) APPORTIONMENT.— (1) FORMULA.—Fifty percent of the funds set aside to carry 

out this section pursuant to subsection (e)(1) shall be apportioned to the States in accordance with the formula set forth 

in section 104(b)(3)(A), and 50 percent of such funds shall be 

apportioned to the States in the ratio that total public railwayhighway crossings in each State bears to the total of such 

crossings in all States. 

(2) MINIMUM APPORTIONMENT.—Notwithstanding paragraph 

(1), each State shall receive a minimum of one-half of 1 percent 

of the funds apportioned under paragraph (1). 

(3) FEDERAL SHARE.—The Federal share payable on account 

of any project financed with funds set aside to carry out this 

section shall be 90 percent of the cost thereof. 

(g) ANNUAL REPORT.—Each State shall report to the Secretary 

not later than December 30 of each year on the progress being 

made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements. 

Each State report shall contain an assessment of the costs of the 

various treatments employed and subsequent accident experience 

at improved locations. The Secretary shall submit a report to the 

Committee on Environment and Public Works and the Committee 

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

Committee on Transportation and Infrastructure of the House of 

Representatives, not later than April 1, 2006, and every 2 years 

thereafter,[,] on the progress being made by the State in implementing projects to improve railway-highway crossings. The report 


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shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, nature of 

treatment, and subsequent accident experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate 

each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (d) 

and include recommendations for future implementation of the railroad highway crossings program. 

(h) USE OF FUNDS FOR MATCHING.—Funds authorized to be appropriated to carry out this section may be used to provide a local 

government with funds to be used on a matching basis when State 

funds are available which may only be spent when the local government produces matching funds for the improvement of railwayhighway crossings. 

(i) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING CLOSURES.—

(1) IN GENERAL.—Notwithstanding any other provision of 

this section and subject to paragraphs (2) and (3), a State may, 

from sums available to the State under this section, make incentive payments to local governments in the State upon the 

permanent closure by such governments of public at-grade railway-highway crossings under the jurisdiction of such governments. 

(2) INCENTIVE PAYMENTS BY RAILROADS.—A State may not 

make an incentive payment under paragraph (1) to a local government with respect to the closure of a crossing unless the 

railroad owning the tracks on which the crossing is located 

makes an incentive payment to the government with respect to 

the closure. 

(3) AMOUNT OF STATE PAYMENT.—The amount of the incentive payment payable to a local government by a State under 

paragraph (1) with respect to a crossing may not exceed the 

lesser of—

(A) the amount of the incentive payment paid to the government with respect to the crossing by the railroad concerned under paragraph (2); or 

(B) $7,500. 

(4) USE OF STATE PAYMENTS.—A local government receiving 

an incentive payment from a State under paragraph (1) shall 

use the amount of the incentive payment for transportation 

safety improvements. 

(j) BICYCLE SAFETY.—In carrying out projects under this section, 

a State shall take into account bicycle safety. 

(k) EXPENDITURE OF FUNDS.—Not more than 2 percent of funds 

apportioned to a State to carry out this section may be used by the 

State for compilation and analysis of data in support of activities 

carried out under subsection (g). 

(l) NATIONAL CROSSING INVENTORY.—

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

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

Enhancement Act of 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 


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specified by the Secretary, concerning each previously unreported crossing located within its borders. 

(2) PERIODIC UPDATING OF CROSSING INFORMATION.—On a 

periodic basis beginning not later than 2 years after the date of 

enactment of the Railroad Safety Enhancement Act of 2007 and 

on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each State shall report to the 

Secretary current information, including information about 

warning devices and signage, as specified by the Secretary, concerning each crossing located within its borders. 

(3) RULEMAKING AUTHORITY.—The Secretary shall prescribe 

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

Safety Enhancement Act of 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 

20160(d)(1) and (2), respectively, of title 49. 

* * * * * * * 

SOLID WASTE DISPOSAL ACT

SUBTITLE A—GENERAL PROVISIONS

[42 U.S.C. 6901 et seq.] 

SEC. 1009. CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID 

WASTE RAIL TRANSFER FACILITIES. 

(a) IN GENERAL.—A State or political subdivision thereof may enforce state solid waste environmental laws at a solid waste rail 

transfer facility. 

(b) EXISTING FACILITIES.—

(1) IN GENERAL.—Within 180 days after the date of enactment 

of the Rail Safety Enhancement Act of 2007, a solid waste rail 

transfer facility operating as of that date shall comply with all 

State solid waste environmental laws other than those requiring 

permits. 

(2) PERMITTING REQUIREMENTS.—Any solid waste rail transfer facility described in paragraph (1) that does not already 

posses permits related to State solid waste environmental laws 

as of the date of enactment of the Rail Safety Enhancement Act 

of 2007 shall not be required by a solid waste facility permitting agency to possess any permits related to State solid waste 

environmental laws in order to operate the facility—

(A) if within 1 year after the date of enactment of the 

Rail Safety Enhancement Act of 2007, the railroad carrier 

that owns or operates the solid waste rail transfer facility 

has submitted, in good faith, a complete application for all 

permits required by a State’’s solid waste environmental 

laws to a solid waste facility permitting agency authorized 

to grant such permits; and 


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(B) until a solid waste facility permitting agency has either approved or denied the railroad carrier’’s application 

for a permit or permits. 

(c) DEFINITIONS.—In this section: 

(1) SOLID WASTE FACILITY PERMITTING AGENCY.—The term ‘‘solid waste facility permitting agency’’ means an agency of a 

State or subdivision thereof authorized to grant permits, including licenses or other approvals or credentials, from such State 

or subdivision in order to generate, store, treat, handle, manage, or dispose of solid waste in such State. 

(2) SOLID WASTE RAIL TRANSFER FACILITY.—The term ‘‘solid 

waste rail transfer facility’’—

(A) means the portion of a facility owned or operated by 

or on behalf of a railroad carrier (as defined in section 

10102 of title 49, United States Code) where solid waste, as 

a commodity to be transported in commerce, is collected, 

stored, separated, processed, treated, managed, disposed of, 

or transferred outside of original sealed shipping containers; but 

(B) does not include a facility to the extent that activities 

taking place at such facility are comprised of the railroad 

transportation of solid waste after the solid waste is placed 

on or in a rail car, including railroad transportation for 

the purpose of interchanging railroad cars containing 

sealed solid waste shipments. 

(3) STATE SOLID WASTE ENVIRONMENTAL LAWS.—The term ‘‘State solid waste environmental laws’’—

(A) means— (i) the substantive and procedural aspects of statutes, 

regulations, and orders of a State or its subdivisions 

that establish public health and safety or environmental standards concerning the generation, storage, 

treatment, handling, management, or disposal of solid 

waste; and 

(ii) the substantive and procedural aspects of statutes, regulations, and orders of a State or its subdivisions which govern the processes and procedures by 

which permits, licenses, or other approvals or credentials from such State or subdivision are required in 

order to generate, store, treat, handle, manage, or dispose of solid waste are granted; but 

(B) does not include the statutes, regulations, and orders 

of a State or its subdivisions which govern land use, including land use restrictions or zoning ordinances. 

Æ 


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