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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4576 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4576

To require the Secretary of Transportation to establish and implement a 
            fatigue management plan, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2014

  Ms. DeLauro (for herself, Ms. Esty, Mr. Himes, and Mr. Sean Patrick 
Maloney of New York) introduced the following bill; which was referred 
         to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
To require the Secretary of Transportation to establish and implement a 
            fatigue management plan, and for other purposes.

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

SECTION 1. FUNCTIONING ALERTER.

    Not later than 30 days after the date of enactment of this Act, the 
Secretary of Transportation shall issue such regulations as are 
necessary to ensure that all controlling locomotives operated at speeds 
in excess of 25 mph, regardless of the date on which the locomotive is 
placed in service for the first time, are equipped with a functioning 
alerter as described in paragraphs (b) through (d) of section 229.140 
of title 49, Code of Federal Regulations.

SEC. 2. FATIGUE MANAGEMENT PLAN.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Transportation shall require all railroad 
carriers to establish and implement a fatigue management plan that 
identifies and evaluates any fatigue related railroad safety hazards on 
its system and determine the degree of risk associated with each 
hazard.
    (b) Contents.--The plan required under subsection (a) shall--
            (1) be completed in accordance with the requirements in 
        section 20156(f) of title 49, United States Code; and
            (2) include consideration of sleep disorders, continuing 
        treatment, and management of those risks in order to reduce 
        fatigue experienced by operating railroad employees.
    (c) Submission.--The plan required under subsection (a) shall be 
submitted to the Secretary for approval.
    (d) Consensus.--In preparing the plan required under subsection 
(a), each railroad shall use good faith and best efforts in accordance 
with section 20156(g) of such title to reach an agreement with affected 
employees.

SEC. 3. POSITIVE TRAIN CONTROL REPORT.

    (a) Report.--Not later than 6 months after the date of enactment of 
this Act, and biannually thereafter, the Secretary of Transportation 
shall require any railroad carrier implementing a positive train 
control system in accordance with section 20157 of title 49, United 
States Code, to submit to the Secretary a report regarding the status 
of the progress of the implementation.
    (b) Submission to Congress.--Upon receipt of the report under 
subsection (a), the Secretary shall submit the report to Congress.

SEC. 4. REDUNDANT SIGNAL PROTECTION.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Transportation shall issue such regulations as are 
necessary to require that on-track safety programs, as described in 
subpart C of part 214 of title 49, Code of Federal Regulations, include 
requiring implementation of redundant signal protection, such as 
shunting, for maintenance-of-way work crews who depend on a train 
dispatcher to provide signal protection.

SEC. 5. HOURS OF SERVICE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall ensure 
that railroad carriers provide railroad employees with predictable and 
defined work and rest schedules. Predictable work schedules for 
railroad employees means either a defined start time or a minimum of 10 
hours prior notification before being required to report to duty.
    (b) Supplemental Regulation.--Any requirement under subsection (a) 
shall supplement, and not supplant, the requirements of section 21103 
of title 49, United States Code.
                                 <all>
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