I

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104TH CONGRESS

2D SESSION H. R. 3578

To reform the safety practices of the railroad industry, to prevent railroad

fatalities, injuries, and hazardous materials releases, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 5, 1996

Mr. OBERSTAR (for himself, Mr. WISE, Mr. LIPINSKI, Mr. DEFAZIO, Mr.

CLEMENT, Mr. NADLER, Mr. MENENDEZ, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. MASCARA, and Mr. CUMMINGS) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To reform the safety practices of the railroad industry, to

prevent railroad fatalities, injuries, and hazardous materials releases, and for other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Railroad Safety Reform Act of 1996’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

TITLE I—SAFETY RULEMAKING AND ENFORCEMENT

Sec. 101. Purpose.
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Sec. 102. Railroad safety conference.

Sec. 103. Rulemaking status reports.

Sec. 104. Power brake safety rulemaking.

Sec. 105. Track safety standards rulemaking.

Sec. 106. Rulemaking process.

Sec. 107. Safety inspectors.

Sec. 108. Employee reports.

Sec. 109. Accident and injury reporting.

TITLE II—GRADE CROSSING SAFETY

Sec. 201. Toll-free number to report grade crossing problems.

Sec. 202. Grade crossing signal violations.

TITLE III—HOURS OF SERVICE

Sec. 301. Limitations on duty hours of train employees.

Sec. 302. Split shifts.

Sec. 303. Limitations on duty hours of signal employees.

Sec. 304. Employee sleeping quarters.

Sec. 305. Rotating shifts.

Sec. 306. Train dispatchers.

Sec. 307. Recommendations on hours of service changes.

TITLE IV—PASSENGER SERVICE SAFETY STANDARDS

Sec. 401. Emergency windows and doors.

Sec. 402. Passenger railroad signal systems.

Sec. 403. Passenger locomotive fuel tanks.

Sec. 404. Passenger car crashworthiness.

Sec. 405. Positive train control.

TITLE V—EMPLOYEE AUTHORITY, CERTIFICATION, AND

EQUIPMENT

Sec. 501. Employee response to hazardous conditions.

Sec. 502. Certification of locomotive engineers and other safety-related railroad

personnel.

Sec. 503. Communications devices.

1 TITLE I—SAFETY RULEMAKING

2 AND ENFORCEMENT

3 SEC. 101. PURPOSE.

4 Section 20101 of title 49, United States Code, is

5 amended to read as follows:

6 ‘‘§ 20101. Purpose

7 ‘‘The purpose of this part is to assign and maintain

8 safety as the highest priority in every area of railroad op-
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1 erations and to reduce railroad-related accidents and inci2 dents.’’.

3 SEC. 102. RAILROAD SAFETY CONFERENCE.

4 (a) IN GENERAL.—The Secretary of Transportation

5 shall convene, within 6 months after the date of the enact6 ment of this Act and annually thereafter, a conference to

7 determine what are the most important actions needed to

8 improve the safety of railroad operations. Each such con9 ference shall provide an opportunity for the participants

10 to present their views, respond to the views of other par11 ticipants, and discuss railroad safety issues with other

12 participants so that a consensus can be reached.

13 (b) PARTICIPANTS.—Each conference convened pur14 suant to subsection (a) shall include as participants, at

15 a minimum, appropriate representatives of the Depart16 ment of Transportation, railroad management, railroad

17 labor, railroad passengers, railroad equipment suppliers,

18 and railroad shippers, as well as individuals representing

19 community interests.

20 (c) REPORT TO CONGRESS.—The Secretary of Trans21 portation shall, within 3 months after the completion of

22 a conference convened pursuant to subsection (a), trans23 mit to the Congress a report summarizing the results of

24 the conference.
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1 SEC. 103. RULEMAKING STATUS REPORTS.

2 (a) REQUIREMENT.—The Administrator of the Fed3 eral Railroad Administration shall report once each month

4 to the Committee on Transportation and Infrastructure

5 of the House of Representatives and to the Committee on

6 Commerce, Science, and Transportation of the Senate on

7 the status of the Federal Railroad Administration’s safety8 related—

9 (1) rulemakings, whether specifically required

10 by statute or initiated by the Secretary or the Fed11 eral Railroad Administrator under general statutory

12 authority; and

13 (2) reports, including reports required by stat14 ute and any other reports intended for publication.

15 (b) CONTENTS.—A report required by subsection (a)

16 shall discuss the progress of the Federal Railroad Admin17 istration in completing those rulemakings and reports, in18 cluding achieved and expected dates of completing various

19 phases of the rulemakings and reports. In the case of

20 rulemakings and reports required by law, these dates shall

21 be compared with the dates required by law, and the re22 port required by subsection (a) shall explain the failure

23 to meet any rulemaking or reporting deadlines established

24 by law. The report shall also discuss the extent to which

25 any review or approval of the rulemaking or report, that

26 is required by law or otherwise to be performed by a Fed-
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1 eral official, has been completed. The report may also dis2 cuss any other topics that the Administrator considers rel3 evant to the Federal Railroad Administration’s railroad

4 safety program.

5 SEC. 104. POWER BRAKE SAFETY RULEMAKING.

6 If the Secretary of Transportation has not, before the

7 date which is one year after the date of the enactment

8 of this Act, issued all final regulations relating to the safe9 ty of railroad power brakes required under section 20141

10 of title 49, United States Code, then on the date which

11 is one year after the date of the enactment of this Act

12 the proposed rules published on September 16, 1994 (59

13 Fed. Reg. 47676–47753) that relate to any subject on

14 which the Secretary has not issued final regulations shall

15 take effect as final rules.

16 SEC. 105. TRACK SAFETY STANDARDS RULEMAKING.

17 (a) CONTINGENT STANDARDS.—Section 20142 of

18 title 49, United States Code, is amended—

19 (1) in subsection (b), by striking ‘‘Not later

20 than September 3, 1995’’ and inserting in lieu there21 of ‘‘Before the date which is one year after the date

22 of the enactment of the Railroad Safety Reform Act

23 of 1996’’; and

24 (2) by adding at the end the following new sub25 sections:
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1 ‘‘(e) CONTINGENT STANDARDS.—(1) If the Secretary

2 has not, before the date which is one year after the date

3 of the enactment of the Railroad Safety Reform Act of

4 1996, issued all final regulations relating to track safety

5 required under subsection (b), then on the date which is

6 one year after the date of the enactment of this Act the

7 requirements stated in paragraphs (2) through (4) of this

8 subsection and in subsections (f) and (g) shall take effect.

9 ‘‘(2)(A) If a track inspector certified under section

10 20135 determines that rail described in paragraph (4) re11 quires replacement, the railroad carrier owning the track

12 shall limit speeds of all trains operating over the track

13 to 20 miles per hour or less and shall replace the rail with14 in 6 months after the date of that determination.

15 ‘‘(B) If a railroad carrier disagrees with a determina16 tion of a track inspector described in subparagraph (A),

17 the railroad carrier may appeal that determination to the

18 Administrator of the Federal Railroad Administration,

19 whose decision shall be administratively final.

20 ‘‘(C) The Administrator may provide for not more

21 than one extension of 6 months of the deadline for replace22 ment of rail under subparagraph (A), if required because

23 of inclement weather.

24 ‘‘(3) If a track inspector certified under section

25 20135 determines that rail described in paragraph (4)
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1 does not require replacement, the rail shall be inspected

2 not less often than once every 6 months, and shall be in3 spected for internal defects not less often than once every

4 12 months.

5 ‘‘(4)(A) Rail referred to in paragraphs (2) and (3)

6 is rail in class 3 track or higher, or in class 2 track on

7 which passenger trains operate, which evidences shelly

8 spots, head checks, engine burn, flaking, mill defects, sliv9 ering, corrugation, corrosion, or other similar defects.

10 ‘‘(B) For purposes of this paragraph, the class of

11 track shall be determined in accordance with regulations

12 in effect as of the date of the enactment of the Railroad

13 Safety Reform Act of 1996.

14 ‘‘(f) CONTINUOUS WELDED RAIL.—All continuous

15 welded rail shall be installed at a rail temperature that,

16 given the effects of expected changes in ambient air tem17 peratures, will not result in compressive or tensile forces

18 that will produce lateral displacement of the track or pull19 ing apart of rail ends or welds, respectively. After initial

20 installation, the track shall subsequently be adjusted for

21 reductions in its neutral temperature.

22 ‘‘(g) LIMITATIONS ON EXCEPTIONS.—No segment of

23 track shall be excepted from track safety standards estab24 lished by the Secretary if—
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1 ‘‘(1) any freight train operating on the track in2 cludes any cars required to be placarded pursuant to

3 the Hazardous Materials Transportation Act;

4 ‘‘(2) the track segment is located within 100

5 feet of—

6 ‘‘(A) an adjacent track which is not ex7 cepted;

8 ‘‘(B) a public street or highway; or

9 ‘‘(C) any structure, facility, or installation

10 where persons are likely to be endangered by a

11 derailment;

12 ‘‘(3) the track segment is elevated more than

13 10 feet above the adjacent terrain; or

14 ‘‘(4) the designation of the track segment as ex15 cepted has not been filed with the Federal Railroad

16 Administration’s main office in Washington, D.C.

17 and the regional office for the region in which the

18 track segment is located.

19 ‘‘(h) MAINTENANCE-OF-WAY EQUIPMENT.—(1) All

20 track motor vehicles, self-propelled maintenance-of-way

21 equipment, and other equipment which is designed with

22 a wheeled carriage allowing the equipment to move along

23 a railroad track shall be designed and maintained so as

24 to conduct electrical current from one rail of the track to

25 the other, enabling the activation of signal systems de-
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1 signed to detect the presence of locomotives, cars, trains,

2 and other rolling equipment on the track.

3 ‘‘(2) All roadway work groups and lone roadway

4 workers, as such terms are defined in section 20154(c),

5 when working in a classification yard, shall be equipped

6 with portable equipment permitting the motion of freely

7 rolling railroad cars to be automatically arrested.

8 ‘‘(3) This subsection shall take effect on January 1,

9 1997.’’.

10 (b) EQUIPMENT AND MATERIALS.—Section 20142(a)

11 of title 49, United States Code, is amended—

12 (1) by striking ‘‘and’’ at the end of paragraph

13 (2);

14 (2) by striking the period at the end of para15 graph (3) and inserting in lieu thereof a semicolon;

16 and

17 (3) by adding at the end the following new

18 paragraphs:

19 ‘‘(4) minimum equipment and materials needed

20 by track inspectors and other maintenance-of-way

21 and bridge and building employees to perform their

22 work properly; and

23 ‘‘(5) safety equipment needed for all track

24 motor vehicles, self-propelled maintenance-of-way
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1 equipment, and similar equipment to operate safe2 ly.’’.

3 SEC. 106. RULEMAKING PROCESS.

4 (a) AMENDMENT.—Subchapter I of chapter 201 of

5 title 49, United States Code, is amended by inserting after

6 section 20115 the following new section:

7 ‘‘§ 20116. Rulemaking process

8 ‘‘(a) RULES PROPOSED BY RAILROAD SAFETY ADVI9 SORY COMMITTEE.—A rule that has been proposed unani10 mously by the Railroad Safety Advisory Committee shall

11 be issued as a proposed rule by the Secretary without

12 preparation of a regulatory analysis, regulatory evalua13 tion, or any other assessment of the costs or benefits of

14 the proposed rule, and without soliciting the approval or

15 comment of any person outside the Department of Trans16 portation.

17 ‘‘(b) INCORPORATION BY REFERENCE.—No rule or

18 order issued by the Secretary under this part shall be ef19 fective if it incorporates by reference a code, rule, stand20 ard, requirement, or practice issued by an association or

21 other entity that is not an agency of the Federal Govern22 ment, unless that reference is to a particular code, rule,

23 standard, requirement, or practice adopted before the date

24 on which the rule is issued by the Secretary, and unless
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1 the date on which the code, rule, standard, requirement,

2 or practice was adopted is specifically cited in the rule.’’.

3 (b) CONFORMING AMENDMENT.—The table of sec4 tions for subchapter I of chapter 201 of title 49, United

5 States Code, is amended by adding after the item relating

6 to section 20115 the following new item:

‘‘20116. Rulemaking process.’’.

7 SEC. 107. SAFETY INSPECTORS.

8 Section 20115 of title 49, United States Code, is

9 amended—

10 (1) in subsection (a), by striking ‘‘subject to

11 this chapter’’ and inserting in lieu thereof ‘‘subject

12 to this part’’;

13 (2) by amending subsection (a)(1) to read as

14 follows:

15 ‘‘(1) shall cover the costs of providing 400 rail16 road safety inspectors in addition to those already

17 employed by the Federal Railroad Administration as

18 of October 1, 1995;’’;

19 (3) in subsection (c)(2), by striking ‘‘only to

20 carry out this chapter’’ and inserting in lieu thereof

21 ‘‘only for the purposes described in subsection

22 (a)(1)’’;

23 (4) in subsection (c)(3), by striking ‘‘of activi24 ties under’’ and all that follows through ‘‘financed
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1 by the fees’’ and inserting in lieu thereof ‘‘described

2 in subsection (a)(1)’’;

3 (5) in subsection (d)(1), by striking ‘‘90 days

4 after the end of each fiscal year in which fees are

5 collected under this section’’ and inserting in lieu

6 thereof ‘‘180 days after the end of fiscal year 1999,

7 and every 3 years thereafter’’;

8 (6) in subsection (d)(1)(A), by striking ‘‘that

9 fiscal year’’ and inserting in lieu thereof ‘‘the 3 pre10 vious fiscal years’’;

11 (7) in subsection (d)(2), by striking ‘‘for a fis12 cal year’’; and

13 (8) by striking subsection (e).

14 SEC. 108. EMPLOYEE REPORTS.

15 Section 20901(a) of title 49, United States Code, is

16 amended—

17 (1) by striking ‘‘the carrier’s operations’’ and

18 inserting in lieu thereof ‘‘the operations of the car19 rier or of any contractor to the carrier working on

20 the carrier’s property or operating the carrier’s

21 equipment’’; and

22 (2) by inserting ‘‘The report shall also include

23 copies of any written safety-related complaint or re24 port filed with the carrier by an employee or con25 tractor during the month, whether or not the com-
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1 plaint or report relates to a reported accident or in2 cident.’’ after ‘‘contributed to the accident or inci3 dent.’’.

4 SEC. 109. ACCIDENT AND INJURY REPORTING.

5 (a) DISCHARGE AND DISCRIMINATION PROTEC6 TION.—Section 20109 of title 49, United States Code, is

7 amended—

8 (1) by redesignating subsections (c), (d), and

9 (e) as subsections (d), (e), and (f), respectively; and

10 (2) by inserting after subsection (b) the follow11 ing new subsection:

12 ‘‘(c) ACCIDENT AND INJURY INFORMATION.—A rail13 road carrier engaged in interstate or foreign commerce,

14 and an employee of such a railroad carrier, shall not—

15 ‘‘(1) by threat, intimidation, or otherwise at16 tempt to prevent an employee from furnishing infor17 mation; or

18 ‘‘(2) discharge, discipline, or discriminate

19 against an employee because the employee has fur20 nished information,

21 to any party as to the facts relating to any accident or

22 incident resulting in injury or death to an individual or

23 damage to property occurring in connection with railroad

24 transportation.’’.

25 (b) PENALTIES.—
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1 (1) CIVIL PENALTIES.—Section 21302(a)(1) of

2 title 49, United States Code, is amended by striking

3 ‘‘a regulation prescribed or order issued under chap4 ter 201 of this title’’ and inserting in lieu thereof

5 ‘‘chapter 201 of this title or a regulation prescribed

6 or order issued under chapter 201’’.

7 (2) CRIMINAL PENALTIES.—Section 21311(a)

8 of title 49, United States Code, is amended—

9 (A) by striking ‘‘or’’ at the end of para10 graph (4);

11 (B) by striking the period at the end of

12 paragraph (5) and inserting in lieu thereof ‘‘;

13 or’’; and

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

15 paragraph:

16 ‘‘(6) violates section 20109(c).’’.

17 (c) AUDITS.—Section 20901 of title 49, United

18 States Code, is amended by adding at the end the follow19 ing new subsection:

20 ‘‘(c) AUDITS.—A railroad carrier shall at least annu21 ally have an audit conducted of the process by which it

22 reports accidents and incidents pursuant to subsection (a).

23 The audit shall determine whether the reporting process

24 is substantially accurate as to the numbers and severity
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1 of accidents and incidents. The audit shall be conducted

2 by an independent auditor approved by the Secretary.’’.

3 TITLE II—GRADE CROSSING

4 SAFETY

5 SEC. 201. TOLL-FREE NUMBER TO REPORT GRADE CROSS6 ING PROBLEMS.

7 Section 20152 of title 49, United States Code, is

8 amended to read as follows:

9 ‘‘§ 20152. Emergency notification of grade crossing

10 problems

11 ‘‘By January 1, 1998, each railroad carrier shall—

12 ‘‘(1) establish and maintain a toll-free telephone

13 service, for rights-of-way over which it dispatches

14 trains, to directly receive calls reporting—

15 ‘‘(A) malfunctions of signals, crossing

16 gates, and other devices to promote safety at

17 the grade crossing of railroad tracks on those

18 rights-of-way and public or private roads; and

19 ‘‘(B) disabled vehicles blocking railroad

20 tracks at such grade crossings;

21 ‘‘(2) upon receiving a report of a malfunction or

22 disabled vehicle pursuant to paragraph (1), imme23 diately contact trains operating near the grade

24 crossing to warn them of the malfunction or disabled

25 vehicle;
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1 ‘‘(3) upon receiving a report of a malfunction or

2 disabled vehicle pursuant to paragraph (1), and

3 after contacting trains pursuant to paragraph (2),

4 contact appropriate public safety officials having ju5 risdiction over the grade crossing to provide them

6 with the information necessary for them to direct

7 traffic, assist in the removal of the disabled vehicle,

8 or carry out other activities appropriate to respond9 ing to the hazardous circumstance; and

10 ‘‘(4) ensure the placement at each grade cross11 ing on rights-of-way that it owns of appropriately lo12 cated signs, on which shall appear—

13 ‘‘(A) a toll-free telephone number to be

14 used for placing calls described in paragraph

15 (1) to the railroad carrier dispatching trains on

16 that right-of-way;

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

18 toll-free number as described in paragraph (1);

19 ‘‘(C) the grade crossing number assigned

20 for that crossing by the National Highway-Rail

21 Crossing Inventory established by the Depart22 ment of Transportation and the Association of

23 American Railroads; and

24 ‘‘(D) a statement that reporting a disabled

25 vehicle blocking the railroad tracks should be
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1 done immediately, before any attempt is made

2 to remove the vehicle from the tracks.

3 The Secretary of Transportation shall implement this sec4 tion through appropriate regulations.’’.

5 SEC. 202. GRADE CROSSING SIGNAL VIOLATIONS.

6 (a) AMENDMENTS.—Section 20151 of title 49, Unit7 ed States Code, is amended—

8 (1) by amending the section heading to read as

9 follows:

10 ‘‘§ 20151. Railroad trespassing, vandalism, and signal

11 violation prevention strategy’’;

12 (2) in subsection (a)—

13 (A) by striking ‘‘and vandalism affecting

14 railroad safety’’ and inserting in lieu thereof ‘‘,

15 vandalism affecting railroad safety, and viola16 tions of grade crossing signals’’;

17 (B) by inserting ‘‘, concerning trespassing

18 and vandalism,’’ after ‘‘such evaluation and re19 view’’; and

20 (C) by inserting ‘‘The second such evalua21 tion and review, concerning violations of grade

22 crossing signals, shall be completed within 3

23 years after the date of the enactment of the

24 Federal Railroad Safety Authorization Act of

25 1994.’’ after ‘‘Act of 1994.’’;
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1 (3) in the subsection heading of subsection (b),

2 by inserting ‘‘FOR TRESPASSING AND VANDALISM

3 PREVENTION’’ after ‘‘OUTREACH PROGRAM’’;

4 (4) in subsection (c)—

5 (A) by redesignating paragraphs (1) and

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

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

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

10 paragraph:

11 ‘‘(2) Within 18 months after the date of the enact12 ment of the Railroad Safety Reform Act of 1996 the Sec13 retary, after consultation with State and local govern14 ments and railroad carriers, shall develop and make avail15 able to State and local governments model State legisla16 tion providing for civil or criminal penalties, or both, for

17 violations of grade crossing signals.’’; and

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

20 ‘‘(d) DEFINITION.—For purposes of this section, the

21 term ‘violation of grade crossing signals’ includes any ac22 tion by a motorist, unless directed by an authorized safety

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

2 a position intended to block passage over railroad

3 tracks;

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

5 signal;

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

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

10 ‘‘(4) in the vicinity of a grade crossing, that

11 creates a hazard of an accident involving injury or

12 property damage at the grade crossing.’’.

13 (b) CONFORMING AMENDMENT.—The item relating

14 to section 20151 in the table of sections for subchapter

15 II of chapter 201 of title 49, United States Code, is

16 amended to read as follows:

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

17 TITLE III—HOURS OF SERVICE

18 SEC. 301. LIMITATIONS ON DUTY HOURS OF TRAIN

19 EMPLOYEES.

20 (a) GENERAL RULES.—Section 21103(a) of title 49,

21 United States Code, is amended by striking paragraphs

22 (1) and (2) and inserting in lieu thereof the following new

23 paragraphs:
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1 ‘‘(1) unless that employee has had at least 8

2 consecutive hours of undisturbed rest off duty dur3 ing the prior 24 hours;

4 ‘‘(2) for a period in excess of 12 consecutive

5 hours;

6 ‘‘(3) after that employee has been on duty for

7 10 or more consecutive hours, unless that employee

8 immediately after being released from such period of

9 duty has at least 10 consecutive hours off duty;

10 ‘‘(4) unless that employee has received notice at

11 least 8 hours before beginning such duty;

12 ‘‘(5) unless that employee has had at least one

13 period of at least 24 consecutive hours off duty in

14 the past 7 days; and

15 ‘‘(6) unless, when last released from duty at

16 that employee’s home terminal, the employee had as

17 much time off duty at the employee’s home terminal

18 as the employee most recently had off duty at the

19 employee’s away-from-home designated terminal.’’.

20 (b) TIME WAITING FOR DEADHEAD TRANSPOR21 TATION.—Section 21103(b)(4) of title 49, United States

22 Code, is amended by inserting ‘‘or waiting on a train, with

23 assigned duties, for deadhead transportation from a duty

24 assignment’’ after ‘‘to a duty assignment’’.
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1 (c) DEFINITION OF UNDISTURBED REST.—Section

2 21101 of title 49, United States Code, is amended by add3 ing at the end the following new paragraph:

4 ‘‘(6) ‘undisturbed rest’ means a period during

5 which an employee receives no communication from

6 the employing railroad carrier and its officers and

7 agents.’’.

8 SEC. 302. SPLIT SHIFTS.

9 Section 21103 of title 49, United States Code, is

10 amended by adding at the end the following new sub11 section:

12 ‘‘(d) SPLIT SHIFTS.—(1) A railroad carrier and its

13 officers and agents may require a train employee to work

14 a split shift only if the split shift begins between 12:01

15 a.m. and 11:59 a.m. and ends before 2:00 a.m. on the

16 day following the day on which the shift begins.

17 ‘‘(2) For purposes of this subsection, the term ‘split

18 shift’ means a tour of duty in which an employee, having

19 just completed a rest period of at least 8 hours, reports

20 for duty, works an initial work period, has an interim pe21 riod for rest of at least 4 hours but less than 8 hours

22 at the employee’s designated terminal, and then works one

23 or more additional work periods before being released for

24 a rest period of at least 8 hours.
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1 ‘‘(3) For railroad carriers providing commuter rail

2 passenger transportation, as defined in section 24102(5)

3 of this title, and with respect to train employees engaged

4 in such transportation, this subsection shall take effect 90

5 days after the date of the enactment of the Railroad Safe6 ty Reform Act of 1996. For railroad carriers other than

7 those providing such commuter rail passenger transpor8 tation, and for train employees engaged in other forms of

9 railroad transportation, this subsection shall take effect 2

10 years after the date of the enactment of the Railroad Safe11 ty Reform Act of 1996.’’.

12 SEC. 303. LIMITATIONS ON DUTY HOURS OF SIGNAL EM13 PLOYEES.

14 Section 21104(b)(3) of title 49, United States Code,

15 is amended by striking ‘‘, except that up to’’ and all that

16 follows through ‘‘time off duty’’.

17 SEC. 304. EMPLOYEE SLEEPING QUARTERS.

18 Section 21106 of title 49, United States Code, is

19 amended—

20 (1) by inserting ‘‘(a) GENERAL RULE.—’’ be21 fore ‘‘A railroad carrier’’;

22 (2) by striking ‘‘officers and agents’’ and all

23 that follows through ‘‘may provide’’ and inserting in

24 lieu thereof ‘‘officers and agents may provide’’;
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1 (3) by striking ‘‘under the control of the car2 rier’’;

3 (4) by striking ‘‘; and’’ and inserting in lieu

4 thereof a period; and

5 (5) by striking paragraph (2) and inserting in

6 lieu thereof the following new subsections:

7 ‘‘(b) LOCATION.—Effective January 1, 1997, sleep8 ing quarters referred to in subsection (a) shall not be lo9 cated in an area or in the immediate vicinity of an area,

10 as determined under regulations prescribed by the Sec11 retary of Transportation, in which railroad switching or

12 humping operations are performed.

13 ‘‘(c) MAXIMUM NOISE LEVELS.—The Secretary, in

14 prescribing regulations under this section, shall set maxi15 mum noise levels which may be experienced in sleeping

16 quarters. Such levels shall be based in part on single event

17 noise levels.’’.

18 SEC. 305. ROTATING SHIFTS.

19 (a) AMENDMENT.—Chapter 211 of title 49, United

20 States Code, is amended by adding at the end the follow21 ing new section:

22 ‘‘§ 21109. Rotating shifts

23 ‘‘(a) GENERAL RULE.—Except as provided in sec24 tions 21103(c), 21104(c), and 21105(d), a railroad carrier

25 and its officers and agents may not require or allow an
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1 employee to report for duty to begin an 8-hour shift which

2 begins at a time that is more than 4 hours earlier or more

3 than 6 hours later than the time of day when that em4 ployee, within the previous 72 hours, began a prior 8-hour

5 shift.

6 ‘‘(b) DETERMINING TIME ON DUTY.—For purposes

7 of this section, the rules for determining time on duty stat8 ed in sections 21103(b), 21104(b), and 21105(c), as ap9 propriate, shall apply.

10 ‘‘(c) STUDY OF ALTERNATIVE METHODS.—The Sec11 retary of Transportation shall initiate a study of alter12 native methods of preventing fatigue due to rotating

13 shifts, and shall report to the Congress on the results of

14 such study, including proposals for revising chapter 211

15 of this title, as results become available.

16 ‘‘(d) DEFINITION.—For purposes of this section, the

17 term ‘8-hour shift’ means a period during which an em18 ployee is on duty for 8 consecutive hours or longer.’’.

19 (b) CONFORMING AMENDMENT.—The table of sec20 tions for chapter 211 of title 49, United States Code, is

21 amended by adding at the end the following new item:

‘‘21109. Rotating shifts.’’.

22 SEC. 306. TRAIN DISPATCHERS.

23 Section 21101(2) of title 49, United States Code, is

24 amended to read as follows:
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1 ‘‘(2) ‘dispatching service employee’ means an

2 operator, train dispatcher, supervisory train dis3 patcher, power director, or other train employee

4 who—

5 ‘‘(A) by the use of an electrical or mechan6 ical device dispatches, reports, transmits, re7 ceives, or delivers orders related to or affecting

8 train movements;

9 ‘‘(B) directly supervises an employee who

10 carries out responsibilities described in subpara11 graph (A); or

12 ‘‘(C) dispatches trains through control of

13 third rail or pantographic electrical power.’’.

14 SEC. 307. RECOMMENDATIONS ON HOURS OF SERVICE

15 CHANGES.

16 The Railroad Safety Advisory Committee shall con17 vene a working group to consider what legislative changes

18 might be appropriate to chapter 211 of title 49, United

19 States Code, relating to hours of service. Not later than

20 9 months after the date of the enactment of this Act, the

21 Advisory Committee shall report to the Administrator of

22 the Federal Railroad Administration on whether it has

23 reached consensus on any recommended changes, and if

24 so what they are. The Administrator shall transmit the

25 recommendations of the Advisory Committee to the Con-
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1 gress. If the Advisory Committee has not reached consen2 sus on any recommendations, the Administrator shall, not

3 later than 6 months after receiving the report of the Advi4 sory Committee, transmit to the Congress the Administra5 tor’s recommendations for appropriate legislative changes

6 to such chapter 211.

7 TITLE IV—PASSENGER SERVICE

8 SAFETY STANDARDS

9 SEC. 401. EMERGENCY WINDOWS AND DOORS.

10 Section 20133 of title 49, United States Code, is

11 amended by adding at the end the following new sub12 section:

13 ‘‘(e) EMERGENCY WINDOWS AND DOORS.—(1) After

14 January 1, 1999, all railroad cars, including self-propelled

15 cars, used for providing transportation for members of the

16 general public shall—

17 ‘‘(A) have emergency windows installed in at

18 least one half of their window locations;

19 ‘‘(B) have emergency windows or emergency

20 panels in each of their interior and exterior doors;

21 ‘‘(C) have emergency doors at each exterior and

22 interior door location; and

23 ‘‘(D) adjacent to each emergency window, emer24 gency panel, and emergency door, have—
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1 ‘‘(i) on the exterior car surface,

2 retroreflective signage; and

3 ‘‘(ii) on the interior car surface, fluores4 cent signage,

5 clearly marking the emergency window, emergency

6 panel, or emergency door and containing easily un7 derstood instructions on the operation of the emer8 gency window, emergency panel, or emergency door.

9 ‘‘(2) For purposes of this subsection—

10 ‘‘(A) the term ‘emergency door’ means a door

11 with an easily accessible interior quick-release mech12 anism allowing the door to be opened quickly in an

13 emergency;

14 ‘‘(B) the term ‘emergency panel’ means an

15 opaque panel designed to permit rapid and easy re16 moval for passenger escape in an emergency; and

17 ‘‘(C) the term ‘emergency window’ means a

18 window designed to permit rapid and easy removal

19 for passenger escape in an emergency.

20 ‘‘(3) This subsection shall not apply to railroad cars

21 used by tourist, excursion, scenic, or historic railroads that

22 are not part of the general system of railroad transpor23 tation and that do not operate at speeds in excess of 30

24 miles per hour.’’.
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1 SEC. 402. PASSENGER RAILROAD SIGNAL SYSTEMS.

2 (a) AMENDMENT.—(1) Section 20502 of title 49,

3 United States Code, is amended by adding at the end the

4 following new subsection:

5 ‘‘(c) PASSENGER RAILROAD SIGNALS.—Each rail6 road line on which passenger service operates, except lines

7 where automatic train stop or cab signaling equipment is

8 in use for all passenger service, shall have installed ap9 proach and stop signals such that at least one approach

10 signal intervenes between a passenger station stop and a

11 subsequent stop signal.’’.

12 (2) The amendment made by paragraph (1) shall

13 take effect January 1, 1998.

14 (b) STUDY.—The Secretary of Transportation shall,

15 within 1 year after the date of the enactment of this Act,

16 transmit to the Congress a report on the results of a study

17 of the safety implications of signal systems and their

18 placement. In conducting the study, the Secretary shall

19 consult with representatives of railroad labor, railroad

20 management, and railroad equipment manufacturers.

21 After transmitting the report, the Secretary shall initiate

22 appropriate rulemaking proceedings under chapter 205 of

23 title 49, United States Code, to implement the rec24 ommendations made in the report.
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1 SEC. 403. PASSENGER LOCOMOTIVE FUEL TANKS.

2 (a) AMENDMENT.—Chapter 207 of title 49, United

3 States Code, is amended by adding at the end the follow4 ing new section:

5 ‘‘§ 20704. Passenger locomotive fuel tanks

6 ‘‘(a) REQUIREMENTS.—Any locomotive manufac7 tured after the date of the enactment of the Railroad Safe8 ty Reform Act of 1996, and delivered to a railroad carrier

9 on or after January 1, 1998, for use on passenger trains,

10 except for a locomotive intended primarily for yard switch11 ing purposes, shall—

12 ‘‘(1) be equipped with fuel tanks that are inter13 nal and compartmentalized;

14 ‘‘(2) be equipped with internal fuel tank bulkheads and skin that are either 3 15 ⁄8 inch steel plate

16 with 25,000-pound yield strength or another mate17 rial of equivalent strength; and

18 ‘‘(3) have fuel tank vent systems that are de19 signed to prevent those systems from becoming a

20 path of fuel loss in the event the tank is placed in

21 an abnormal orientation due to a locomotive derail22 ing.

23 ‘‘(b) DEFINITIONS.—For purposes of this section—

24 ‘‘(1) the term ‘compartmentalized’ means hav25 ing an interior divided into at least 4 separate com26 partments designed so that penetration of the exte-
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1 rior skin of any 1 compartment shall result in loss

2 of fuel only from that compartment; and

3 ‘‘(2) the term ‘internal’ means having its lowest

4 point at least 18 inches above the lowest point on

5 the locomotive wheel tread, and being enclosed by, or

6 part of, the locomotive structure.’’.

7 (b) CONFORMING AMENDMENT.—The table of sec8 tions for chapter 207 of title 49, United States Code, is

9 amended by adding at the end the following new item:

‘‘20704. Passenger locomotive fuel tanks.’’.

10 SEC. 404. PASSENGER CAR CRASHWORTHINESS.

11 Section 20133 of title 49, United States Code, as

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

13 by adding at the end the following new subsection:

14 ‘‘(f) CRASHWORTHINESS.—(1) Any railroad pas15 senger car, including a self-propelled car, manufactured

16 after the date of the enactment of the Railroad Safety Re17 form Act of 1996, and delivered to a railroad carrier on

18 or after January 1, 1998, shall be equipped with corner

19 posts—

20 ‘‘(A) extending from the underframe structure

21 to the roof structure; and

22 ‘‘(B) capable of resisting a horizontal load (with

23 an orientation ranging from longitudinal inward to

24 transverse inward) of 150,000 pounds at the point

25 of attachment to the underframe without a failure.
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1 ‘‘(2) Any railroad passenger car, including a self-pro2 pelled car, used by a railroad carrier after January 1,

3 2000, shall be equipped with corner posts described in

4 paragraph (1)(A) and (B). This paragraph shall not apply

5 to railroad passenger cars used by tourist, excursion, sce6 nic, or historic railroads that are not part of the general

7 system of railroad transportation and that do not operate

8 at speeds in excess of 30 miles per hour.’’.

9 SEC. 405. POSITIVE TRAIN CONTROL.

10 (a) AMENDMENTS.—Section 20150 of title 49, Unit11 ed States Code, is amended—

12 (1) by striking ‘‘PROGRESS REPORT’’ in the

13 section heading;

14 (2) by inserting ‘‘(a) PROGRESS REPORT.—’’

15 before ‘‘The Secretary of Transportation’’; and

16 (3) by adding at the end the following new sub17 section:

18 ‘‘(b) SCHEDULE FOR IMPLEMENTATION.—(1) The

19 Secretary shall—

20 ‘‘(A) before March 31, 1997—

21 ‘‘(i) develop a model for assessing the risks

22 associated with accident or injury on railroad

23 corridors;
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1 ‘‘(ii) compile data on each railroad corridor

2 to enable the application of the model developed

3 under clause (i); and

4 ‘‘(iii) rank railroad corridors on the basis

5 of their risks associated with accident or injury;

6 ‘‘(B) before October 1, 1997, identify high-pri7 ority railroad corridors the Secretary will require to

8 be equipped with positive train control systems,

9 which shall include, at a minimum, all railroad lines

10 on which more than 42 regularly scheduled pas11 senger trains per week operate and all railroad lines

12 on which more than 2,500,000 tons of hazardous

13 materials are transported each year; and

14 ‘‘(C) before October 1, 1998, issue regulations

15 establishing standards for the use of positive train

16 control systems and requiring their use on high-pri17 ority railroad corridors by no later than September

18 30, 2000.

19 ‘‘(2) For purposes of this subsection—

20 ‘‘(A) the term ‘passenger train’ does not include

21 trains operated by tourist, excursion, scenic, or his22 toric railroads that are not part of the general sys23 tem of railroad transportation and that do not oper24 ate at speeds in excess of 30 miles per hour; and
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1 ‘‘(B) the term ‘positive train control system’

2 means a system for automatically controlling the

3 speed of or stopping a train to prevent collisions, en4 force speed restrictions, and protect roadway work5 ers and their equipment in the event that the train

6 operator has failed to take appropriate action.’’.

7 (b) CONFORMING AMENDMENT.—The item relating

8 to section 20150 in the table of sections for subchapter

9 II of chapter 201 of title 49, United States Code, is

10 amended by striking ‘‘progress report’’.

11 TITLE V—EMPLOYEE AUTHOR12 ITY, CERTIFICATION, AND

13 EQUIPMENT

14 SEC. 501. EMPLOYEE RESPONSE TO HAZARDOUS CONDI15 TIONS.

16 (a) REFUSING TO WORK OR TO AUTHORIZE EQUIP17 MENT USE.—Section 20109(b)(1) of title 49, United

18 States Code, is amended—

19 (1) by striking ‘‘REFUSING TO WORK BECAUSE

20 OF’’ in the subsection heading;

21 (2) by inserting ‘‘or against an employee re22 sponsible for the inspection or repair of safety-relat23 ed equipment, track, or structures for refusing to

24 authorize the use of such equipment, track, or struc25 tures when the employee believes that the equip-
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1 ment, track, or structures are in a hazardous condi2 tion and that the use of the equipment, track, or

3 structures would endanger human life,’’ after ‘‘per4 formance of the employee’s duties,’’;

5 (3) by inserting ‘‘and’’ after the semicolon at

6 the end of subparagraph (A); and

7 (4) by striking subparagraphs (B) and (C) and

8 inserting in lieu thereof the following new subpara9 graph:

10 ‘‘(B) the employee, where possible, has notified

11 the carrier of the existence of the hazardous condi12 tion and the intention not to perform further work

13 or not to authorize the use of the hazardous equip14 ment, track, or structures, unless the condition is

15 corrected immediately or the equipment is repaired

16 properly or replaced.’’.

17 (b) DISPUTE RESOLUTION.—Section 20109(d) of

18 title 49, United States Code, as so redesignated by section

19 109(a)(1) of this Act, is amended—

20 (1) by striking ‘‘180 days’’ and inserting in lieu

21 thereof ‘‘60 days’’; and

22 (2) by striking ‘‘If the violation is’’ and all that

23 follows through ‘‘$20,000.’’ and inserting in lieu

24 thereof the following: ‘‘If the employee has been

25 found by such Board, division, delegate, or board of
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1 adjustment to have been discharged or discriminated

2 against in violation of subsection (b), the employee

3 shall be made whole, including reinstatement, with

4 an award of back pay, and with all benefits and ac5 cumulated seniority. The employee may also be

6 awarded punitive damages sufficient to deter the

7 railroad carrier from such conduct in the future.’’.

8 SEC. 502. CERTIFICATION OF LOCOMOTIVE ENGINEERS

9 AND OTHER SAFETY-RELATED RAILROAD

10 PERSONNEL.

11 (a) AMENDMENT.—Section 20135 of title 49, United

12 States Code, is amended to read as follows:

13 ‘‘§ 20135. Certification of locomotive engineers and

14 other safety-related railroad personnel

15 ‘‘(a) IN GENERAL.—The Administrator of the Fed16 eral Railroad Administration shall establish a program for

17 issuing certificates for—

18 ‘‘(1) carmen;

19 ‘‘(2) conductors;

20 ‘‘(3) dispatchers;

21 ‘‘(4) locomotive engineers;

22 ‘‘(5) signalmen;

23 ‘‘(6) track inspectors; and

24 ‘‘(7) trainmen,
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1 to individuals when the Administrator finds, after inves2 tigation, that the individuals are qualified for, and phys3 ically able to perform the duties related to, the position

4 to be authorized by the certificates. After January 1,

5 1999, no person shall carry out the responsibilities of the

6 carman, conductor, dispatcher, locomotive engineer, sig7 nalman, track inspector, or trainman unless that person

8 has been certificated for that position by the Adminis9 trator.

10 ‘‘(b) GENERAL QUALIFICATIONS.—The program es11 tablished under subsection (a)—

12 ‘‘(1) shall provide qualification standards and

13 minimum training requirements for each type of po14 sition described in subsection (a); and

15 ‘‘(2) shall require comprehensive knowledge of

16 applicable railroad carrier operating practices and

17 rules.

18 ‘‘(c) LOCOMOTIVE ENGINEERS.—

19 ‘‘(1) QUALIFICATIONS.—The program estab20 lished under subsection (a), in the case of certifi21 cation of a locomotive engineer—

22 ‘‘(A) except as provided in paragraph

23 (2)(A), shall require consideration, to the extent

24 the information is available, of the motor vehi-
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1 cle driving record of each individual seeking

2 certification, including—

3 ‘‘(i) any denial, cancellation, revoca4 tion, or suspension of a motor vehicle oper5 ator’s license by a State for cause within

6 the prior 5 years; and

7 ‘‘(ii) any conviction within the prior 5

8 years of an offense described in section

9 30304(a)(3)(A) or (B) of this title;

10 ‘‘(B) may require, based on the individ11 ual’s driving record, disqualification or the

12 granting of a certificate conditioned on require13 ments the Administrator prescribes; and

14 ‘‘(C) shall require an individual seeking

15 certification—

16 ‘‘(i) to request the chief driver licens17 ing official of each State in which the indi18 vidual has held a motor vehicle operator’s

19 license within the prior 5 years to provide

20 information about the individual’s driving

21 record to the individual’s employer, pro22 spective employer, or the Administrator, as

23 the Administrator requires; and

24 ‘‘(ii) to make the request provided for

25 in section 30305(b)(4) of this title for in-
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1 formation to be sent to the individual’s em2 ployer, prospective employer, or the Ad3 ministrator, as the Administrator requires.

4 ‘‘(2) WAIVERS.—(A) The Administrator shall

5 prescribe standards and establish procedures for

6 waiving paragraph (1)(A) for an individual or class

7 of individuals who the Administrator decides are not

8 currently unfit to operate a locomotive. However, the

9 Administrator may waive paragraph (1)(A) for an

10 individual or class of individuals with a conviction,

11 cancellation, revocation, or suspension described in

12 subparagraph (B)(i) or (ii) only if the individual or

13 class, after the conviction, cancellation, revocation,

14 or suspension, successfully completes a rehabilitation

15 program established by a railroad carrier or ap16 proved by the Administrator.

17 ‘‘(B) If an individual, after the conviction, can18 cellation, revocation, or suspension, successfully com19 pletes a rehabilitation program established by a rail20 road carrier or approved by the Administrator, the

21 individual may not be denied a certificate under

22 paragraph (1)(A) because of—

23 ‘‘(i) a conviction for operating a motor ve24 hicle when under the influence of, or impaired

25 by, alcohol or a controlled substance; or
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1 ‘‘(ii) the cancellation, revocation, or sus2 pension of the individual’s motor vehicle opera3 tor’s license for operating a motor vehicle when

4 under the influence of, or impaired by, alcohol

5 or a controlled substance.

6 ‘‘(3) OPPORTUNITY TO EXAMINE AND COMMENT

7 ON INFORMATION.—The Administrator, employer, or

8 prospective employer, as appropriate, shall make in9 formation obtained under paragraph (1)(C) available

10 to the individual. The individual shall be given an

11 opportunity to comment in writing about the infor12 mation. Any comment shall be included in any

13 record or file maintained by the Administrator, em14 ployer, or prospective employer that contains infor15 mation to which the comment is related.

16 ‘‘(d) DELEGATION.—

17 ‘‘(1) IN GENERAL.—Subject to any regulations,

18 supervision, and review the Administrator may pre19 scribe, the Administrator may delegate, to a quali20 fied private person or an employee under the super21 vision of that person, a matter related to—

22 ‘‘(A) the examination, testing, and inspec23 tion necessary to issue a certificate under this

24 section; and

25 ‘‘(B) issuing the certificate.
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1 ‘‘(2) RESCISSION.—The Administrator may re2 scind a delegation under this section at any time for

3 any reason the Administrator considers appropriate.

4 ‘‘(3) RECONSIDERATION.—A person affected by

5 an action of a person to whom responsibilities have

6 been delegated under this subsection may apply for

7 reconsideration of the action by the Administrator,

8 and, on the Administrator’s own initiative, the Ad9 ministrator may reconsider the action of such a per10 son at any time. If the Administrator decides on re11 consideration that the action is unreasonable or un12 warranted, the Administrator shall change, modify,

13 or reverse the action. If the Administrator decides

14 that the action is warranted, the Administrator shall

15 affirm the action.

16 ‘‘(e) SUSPENSION OR REVOCATION.—

17 ‘‘(1) AUTHORITY.—The Administrator may re18 view the certification of any employee holding a cer19 tificate under this section. The Administrator may

20 suspend or revoke a certificate issued under this sec21 tion if—

22 ‘‘(A) the employee, in the course of rail23 road employment, has engaged in or authorized

24 a practice that endangers human life, including
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1 authorizing the use of unsafe equipment or

2 track; or

3 ‘‘(B) the Administrator decides after re4 viewing the actions or qualifications of the em5 ployee that railroad safety and the public inter6 est require such a suspension or revocation.

7 The length of a suspension shall be at the discretion

8 of the Administrator. In determining the length of a

9 suspension, the Administrator shall take into ac10 count the seriousness of the unsafe practice and the

11 employee’s past safety record.

12 ‘‘(2) PROCEDURES.—Before acting to suspend

13 or revoke a certificate, the Administrator shall ad14 vise the holder of the certificate of the charges or

15 other reasons on which the Administrator relies for

16 the proposed action. Except in an emergency, the

17 Administrator shall provide the holder of the certifi18 cate with an opportunity to answer the charges and

19 to be heard on why the certificate should not be sus20 pended or revoked. Except as provided in paragraph

21 (3), the action of the Administrator suspending or

22 revoking a certificate shall be stayed pending the

23 outcome of an appeal under subsection (f).

24 ‘‘(3) EMERGENCIES.—If the Administrator de25 termines that an emergency exists and that railroad
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1 safety requires that a suspension or revocation be ef2 fective immediately, then the Administrator’s action

3 shall be effective immediately.

4 ‘‘(f) APPEALS.—The Administrator shall establish an

5 appropriate procedure through which a person adversely

6 affected by—

7 ‘‘(1) an action denying a certificate under this

8 section; or

9 ‘‘(2) an order suspending or revoking a certifi10 cate under subsection (e),

11 may appeal such action or order. If a finding is made

12 under that appeals procedure, after notice and an oppor13 tunity for a hearing, that railroad safety and the public

14 interest do not require affirmation of the original action

15 or order, the Administrator shall amend, modify, or re16 verse that action or order.

17 ‘‘(g) CERTIFICATION OF SAFETY.—

18 ‘‘(1) BY A CARMAN.—(A) No locomotive, rail19 road car, or train shall depart its initial terminal

20 until it has been inspected and its safety has been

21 certified in writing by a carman certificated under

22 this section.

23 ‘‘(B) No locomotive, railroad car, or train shall

24 be used or operated after it has been repaired or re25 ported to have a defect potentially affecting safety
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1 until it has been inspected by a carman certificated

2 under this section and its safety has been subse3 quently certified in writing by that carman. A safety

4 certification made under this subparagraph may be

5 made conditional on the locomotive, railroad car, or

6 train being repaired at the first practical oppor7 tunity.

8 ‘‘(2) BY A SIGNALMAN.—(A) No signal system

9 shall be used to signal that a train may proceed or

10 to control the movement of automobiles at grade

11 crossings unless its safety has been certified in writ12 ing within the past year by a signalman certificated

13 under this section.

14 ‘‘(B) No signal system shall be used to signal

15 that a train may proceed or to control the movement

16 of automobiles at grade crossings after that signal

17 system has been repaired or reported to have a de18 fect potentially affecting safety until it has been in19 spected by a signalman certificated under this sec20 tion and its safety has been subsequently certified in

21 writing by that signalman.

22 ‘‘(3) BY A TRACK INSPECTOR.—(A) No track

23 shall be used to operate locomotives, railroad cars,

24 or trains unless the safety of that track has been
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1 certified in writing within the past year by a track

2 inspector certificated under this section.

3 ‘‘(B) No track shall be used after it has been

4 repaired or reported to have a defect potentially af5 fecting safety until it has been inspected by a track

6 inspector certificated under this section and its safe7 ty for its anticipated use has been subsequently cer8 tified in writing by that track inspector.

9 ‘‘(h) AUTHORITY TO REFUSE TO OPERATE TRAINS

10 OR LOCOMOTIVES.—A locomotive engineer may refuse to

11 operate a train or locomotive if that locomotive engineer

12 is not satisfied that the train or locomotive can be oper13 ated safely.

14 ‘‘(i) DEFINITIONS.—For purposes of this section—

15 ‘‘(1) the term ‘carman’ means a railroad em16 ployee who inspects, tests, maintains, and repairs

17 brakes, other mechanical systems and components,

18 and safety appliances on railroad cars or loco19 motives;

20 ‘‘(2) the term ‘conductor’ means a railroad road

21 or yard employee who is in charge of a train’s pas22 sengers or freight;

23 ‘‘(3) the term ‘dispatcher’ means an operator,

24 train dispatcher, supervisory train dispatcher, power

25 director, or other train employee who—
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1 ‘‘(A) by the use of an electrical or mechan2 ical device dispatches, reports, transmits, re3 ceives, or delivers orders related to or affecting

4 train movements;

5 ‘‘(B) directly supervises an employee who

6 carries out responsibilities described in subpara7 graph (A); or

8 ‘‘(C) dispatches trains through control of

9 third rail or pantographic electrical power;

10 ‘‘(4) the term ‘locomotive engineer’ means an

11 operator of a locomotive other than—

12 ‘‘(A) a person who operates a locomotive

13 solely within the confines of a locomotive repair

14 or servicing area; and

15 ‘‘(B) a person who operates a locomotive

16 for short distances for inspection and mainte17 nance purposes;

18 ‘‘(5) the term ‘signalman’ means a railroad em19 ployee who installs, repairs, and maintains signal

20 systems;

21 ‘‘(6) the term ‘track inspector’ means a railroad

22 employee whose sole responsibility is to inspect

23 track, report on its condition, and authorize its use

24 by locomotives, railroad cars, and trains; and
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1 ‘‘(7) the term ‘trainman’ means a railroad road

2 or yard employee who is under the supervision of a

3 conductor.’’.

4 (b) CONFORMING AMENDMENT.—The item relating

5 to section 20135 in the table of sections for chapter 201

6 of title 49, United States Code, is amended to read as

7 follows:

‘‘20135. Certification of locomotive engineers and other safety-related railroad

personnel.’’.

8 (c) EFFECT OF AMENDMENT.—Notwithstanding the

9 amendment made by subsection (a), the requirements for

10 licensing or certification of locomotive operators under sec11 tion 20135 of title 49, United States Code, as in effect

12 before the date of the enactment of this Act, shall continue

13 in effect until the program established under the amend14 ment made by subsection (a) takes effect.

15 SEC. 503. COMMUNICATIONS DEVICES.

16 (a) AMENDMENT.—Subchapter II of chapter 201 of

17 title 49, United States Code, is amended by adding at the

18 end the following new section:

19 ‘‘§ 20154. Communications devices

20 ‘‘(a) REQUIRED EQUIPMENT.—Each—

21 ‘‘(1) locomotive or cab-forward passenger car

22 from which a train is operated; and
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1 ‘‘(2) roadway work group or lone roadway

2 worker, when working along a railroad’s right-of3 way,

4 shall be equipped with an operational radio or other device

5 that permits 2-way communication with the railroad’s dis6 patcher or other supervisory official who is able to commu7 nicate with the railroad’s locomotive operators and road8 way workers.

9 ‘‘(b) OPERABILITY.—A train may not leave its initial

10 terminal, and a roadway work group or lone roadway

11 worker may not leave their base of operations, without—

12 ‘‘(1) an operable device described in subsection

13 (a); and

14 ‘‘(2) a backup operable device described in sub15 section (a) for use in the event that the device de16 scribed in paragraph (1) of this subsection fails to

17 operate.

18 If either such device becomes inoperable after leaving the

19 initial terminal, such device shall be promptly repaired or

20 replaced.

21 ‘‘(c) DEFINITIONS.—For purposes of this section—

22 ‘‘(1) the term ‘roadway work group’ means 2 or

23 more roadway workers working together on a com24 mon task who are in direct communication with each

25 other; and
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1 ‘‘(2) the term ‘roadway worker’ means an em2 ployee of a railroad, or of a contractor to a railroad,

3 including a maintenance-of-way worker or a signal4 man, who is working on or near railroad track.’’.

5 (b) CONFORMING AMENDMENT.—The table of sec6 tions for subchapter II of chapter 201 of title 49, United

7 States Code, is amended by adding at the end the follow8 ing new item:

‘‘20154. Communications devices.’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall take effect 6 months after the date of

11 the enactment of this Act.

Æ