II 

113TH CONGRESS 

2D SESSION S. 2784 

To direct the Secretary of Transportation to carry out activities to improve 

rail safety, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2014 

Mr. BLUMENTHAL (for himself, Mr. SCHUMER, Mrs. GILLIBRAND, and Mr. 

MURPHY) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To direct the Secretary of Transportation to carry out 

activities to improve rail safety, 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; REF4 ERENCES TO TITLE 49, UNITED STATES CODE. 

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

6 ‘‘Rail Safety Improvement Act of 2014’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents; references to title 49, United States Code. 

Sec. 2. Authorization of appropriations. 

Sec. 3. Requirement for uniform operating rules. 

Sec. 4. Rail safety technology. 


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Sec. 5. Fatigue mitigation. 

Sec. 6. Transportation of flammable liquids by rail. 

Sec. 7. Amendments to the Safety Appliance Law. 

Sec. 8. Amendments to the Locomotive Inspection Law. 

Sec. 9. Repair and replacement of damaged track inspection equipment. 

Sec. 10. Commuter rail track inspections. 

Sec. 11. Automated track geometry inspections. 

Sec. 12. Speed enforcement. 

Sec. 13. Unintentional movement. 

Sec. 14. Rail safety oversight improvements. 

Sec. 15. Reports on statutory mandates and recommendations. 

Sec. 16. Operation deep dive; report. 

Sec. 17. Use of certain reports and surveys. 

Sec. 18. Authorization of appropriations; miscellaneous. 

Sec. 19. Enforcement. 

Sec. 20. Confidential close call reporting systems. 

Sec. 21. Freight train crew size. 

1 (c) REFERENCES TO TITLE 49, UNITED STATES

2 CODE.—Except as otherwise expressly provided, wherever 

3 in this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of title 49, United States Code. 

7 SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 

8 Section 20117(a) is amended to read as follows: 

9 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 

10 ‘‘(1) IN GENERAL.—There are authorized to be 

11 appropriated to the Secretary of Transportation to 

12 carry out this part and to carry out responsibilities 

13 under chapter 51 as delegated or authorized by the 

14 Secretary— 

15 ‘‘(A) $225,000,000 for fiscal year 2015; 

16 ‘‘(B) $245,000,000 for fiscal year 2016; 

17 ‘‘(C) $266,000,000 for fiscal year 2017; 


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1 ‘‘(D) $289,000,000 for fiscal year 2018; 

2 ‘‘(E) $293,000,000 for fiscal year 2019; 

3 and 

4 ‘‘(F) $300,000,000 for fiscal year 2020. 

5 ‘‘(2) INSPECTION VEHICLES.—With amounts 

6 appropriated pursuant to paragraph (1), the Sec7 retary, in addition to providing further funding for 

8 previously purchased automated inspection vehicles 

9 as needed, shall purchase or lease automated rail in10 tegrity inspection vehicles, Gage Restraint Measure11 ment System vehicles, and automated track geom12 etry vehicles or other comparable technology as 

13 needed, including technology that may be added onto 

14 an existing railcar or vehicle, to assess rail and track 

15 safety. 

16 ‘‘(3) FACILITY FOR UNDERGROUND RAIL STA17 TION AND TUNNEL.—There are authorized to be ap18 propriated to the Secretary such sums as may be 

19 necessary for the period encompassing fiscal years 

20 2015 through 2020 to design, develop, and construct 

21 the Facility for Underground Rail Stations and Tun22 nels at the Transportation Technology Center in 

23 Pueblo, Colorado. The facility shall be used to test 

24 and evaluate the vulnerabilities of above-ground and 

25 underground rail tunnels to prevent accidents and 


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1 incidents in such tunnels, to mitigate and remediate 

2 the consequences of any such accidents or incidents, 

3 and to provide a realistic scenario for training emer4 gency responders. 

5 ‘‘(4) RAIL SECURITY.—Such sums as may be 

6 necessary from the amount appropriated pursuant to 

7 paragraph (1) for each of the fiscal years 2015 

8 through 2020 shall be made available to the Sec9 retary for personnel in regional offices and in Wash10 ington, D.C., whose duties primarily involve rail se11 curity.’’. 

12 SEC. 3. REQUIREMENT FOR UNIFORM OPERATING RULES. 

13 (a) AMENDMENT.—Subchapter II of chapter 201 is 

14 amended by adding after section 20167 the following: 

15 ‘‘§ 20168. Uniform operating rules 

16 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

17 may promulgate regulations or issue orders to require in 

18 small geographic areas, as defined by the Secretary, where 

19 2 or more railroads serve as host railroads for joint oper20 ations that occur within a small geographic area, all such 

21 host railroads in the small geographic area to develop uni22 form operating rules governing all operations within the 

23 small geographic area with respect to— 


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1 ‘‘(1) signal aspects and indications, such that 

2 no aspect represents multiple indications for any op3 erations within the small geographic area; 

4 ‘‘(2) after-arrival mandatory directives, such 

5 that the use of an after-arrival mandatory directive 

6 is prohibited for any operations in non signaled ter7 ritory within the small geographic area; and 

8 ‘‘(3) forms used to convey track authority, such 

9 that track authority for any operations within the 

10 small geographic area is conveyed using an identical 

11 set of forms. 

12 ‘‘(b) CONSTRUCTION.—Nothing in this section shall 

13 be construed to limit the authority of the Secretary to pro14 mulgate regulations or issue orders under other law.’’. 

15 (b) CONFORMING AMENDMENT.—The table of con16 tents for subchapter II chapter 201 is amended by adding 

17 after the item relating to section 20167 the following: 

‘‘20168. Uniform operating rules.’’. 

18 SEC. 4. RAIL SAFETY TECHNOLOGY. 

19 (a) RAILROAD SAFETY TECHNOLOGY GRANTS.— 

20 (1) AUTHORIZATION OF APPROPRIATIONS.— 

21 Section 20158(c) is amended to read as follows: 

22 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Secretary of 

24 Transportation the following amounts to carry out this 

25 section, to remain available until expended: 


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1 ‘‘(1) For fiscal year 2015, $1,000,000,000. 

2 ‘‘(2) For fiscal year 2016, $1,000,000,000. 

3 ‘‘(3) For each of fiscal years 2017 through 

4 2020, $250,000,000.’’. 

5 (2) MATCHING REQUIREMENTS.—Section 

6 20158(b)(4) is amended by striking the period at 

7 the end and inserting ‘‘, except that Federal funds 

8 for an eligible project for the primary benefit of 

9 intercity rail passenger transportation or commuter 

10 rail passenger transportation may equal 100 percent 

11 of the total cost of that project.’’. 

12 (3) GRANT CRITERIA; CONSIDERATIONS.—Sec13 tion 20158(b)(2) is amended— 

14 (A) in subparagraph (B), by striking ‘‘; 

15 or’’ and inserting a semicolon; 

16 (B) in subparagraph (C), by striking the 

17 period at the end and inserting a semicolon; 

18 and 

19 (C) by adding at the end the following: 

20 ‘‘(D) are submitted by applicants that 

21 demonstrate a history of making expenditures 

22 for capital projects related to railroad safety 

23 technology.’’. 

24 (b) POSITIVE TRAIN CONTROL SYSTEMS.— 


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1 (1) SPECTRUM.—Subchapter II of chapter 201, 

2 as amended by section 3 of this Act, is further 

3 amended by adding at the end the following: 

4 ‘‘§ 20169. Electromagnetic spectrum 

5 ‘‘Not later than 120 days after the date of enactment 

6 of the Rail Safety Improvement Act of 2014, the Secretary 

7 of Transportation and the Chairman of the Federal Com8 munications Commission shall coordinate to assess spec9 trum needs and availability for implementing positive train 

10 control systems (as defined in section 20157). Such co11 ordination may include conversations with external stake12 holders.’’. 

13 (2) CONFORMING AMENDMENT.—The table of 

14 contents for subchapter II of chapter 201, as 

15 amended by section 3 of this Act, is further amend16 ed by adding at the end the following: 

‘‘20169. Electromagnetic spectrum.’’. 

17 (3) REPORTS.—Section 20157(a) is amended 

18 by adding at the end the following: 

19 ‘‘(3) PROGRESS REPORTS.— 

20 ‘‘(A) IN GENERAL.—Beginning 6 months 

21 after the date of enactment of the Rail Safety 

22 Improvement Act of 2014, and every 6 months 

23 thereafter until its positive train control system 

24 is certified by the Secretary under subsection 

25 (h), each railroad carrier and entity required to 


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1 submit a plan under paragraph (1) of this sub2 section shall provide a progress report to the 

3 Secretary on the status of the plan. 

4 ‘‘(B) CONTENTS.—A progress report under 

5 subparagraph (A) shall include— 

6 ‘‘(i) a section describing the total 

7 number of positive train components re8 quired, the number of components that 

9 have been completed as of the date of the 

10 progress report, the number of components 

11 that remain to be completed or imple12 mented, an estimated completion date for 

13 each component that remains to be com14 pleted or implemented, and the overall 

15 completion percentage; and 

16 ‘‘(ii) a section describing— 

17 ‘‘(I) the total number of safety18 related employees and equivalent rail19 road carrier contractors and sub20 contractors required to be trained, by 

21 class and craft; 

22 ‘‘(II) the minimum training 

23 standards for the employees, contrac24 tors, and subcontractors under sub25 clause (I); 


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1 ‘‘(III) the percentage of employ2 ees, contractors, and subcontractors 

3 under subclause (I) that have com4 pleted training as of the date of the 

5 progress report; 

6 ‘‘(IV) the percentage of employ7 ees, contractors, and subcontractors 

8 under subclause (I) that remain to be 

9 trained; and 

10 ‘‘(V) the estimated completion 

11 date for the training under subclause 

12 (IV). 

13 ‘‘(C) DEFINITIONS.—In this paragraph: 

14 ‘‘(i) COMPONENT.—The term ‘compo15 nent’ means a locomotive apparatus, way16 side interface unit, switch, base station 

17 radio, wayside radio, locomotive radio, and 

18 any new and novel technology that is part 

19 of a positive train control system. 

20 ‘‘(ii) MINIMUM TRAINING STAND21 ARDS.—The term ‘minimum training 

22 standards’ means the knowledge of, and 

23 ability to comply with, Federal railroad 

24 safety laws and regulations and carrier 


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1 rules and procedures necessary to imple2 ment positive train control. 

3 ‘‘(D) WEBSITE.—Not later than 30 days 

4 after receiving a progress report under this 

5 paragraph, the Secretary shall make the report 

6 available on the website of the Federal Railroad 

7 Administration.’’. 

8 (c) ALERTERS.— 

9 (1) IN GENERAL.—Subchapter II of chapter 

10 201, as amended by subsection (b) of this section, 

11 is further amended by adding at the end the fol12 lowing: 

13 ‘‘§ 20170. Alerters 

14 ‘‘(a) IN GENERAL.—Beginning 1 year after the date 

15 of enactment of the Rail Safety Improvement Act of 2014, 

16 a working alerter shall be required in the controlling loco17 motive of each passenger train in intercity rail passenger 

18 transportation (as defined in section 24102) or commuter 

19 rail passenger transportation (as defined in section 

20 24102). 

21 ‘‘(b) REGULATIONS.—The Secretary may promulgate 

22 or revise existing regulations to specify the appropriate 

23 technical detail and essential functionalities of a working 

24 alerter, including the manner in which the alerter can be 

25 reset.’’. 


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1 (2) CONFORMING AMENDMENT.—The table of 

2 contents for subchapter II of chapter 201, as 

3 amended by subsection (b) of this section, is further 

4 amended by adding at the end the following: 

‘‘20170. Alerters.’’. 

5 (d) REDUNDANT SIGNAL PROTECTION.—Not later 

6 than 1 year after the date of enactment of this Act, the 

7 Secretary of Transportation shall promulgate such regula8 tions as the Secretary considers necessary to require that 

9 on-track safety programs, as described in subpart C of 

10 part 214 of title 49, Code of Federal Regulations, when11 ever practicable and consistent with other safety require12 ments and operational considerations, include requiring 

13 implementation of redundant signal protection, such as 

14 shunting, for maintenance-of-way work crews who depend 

15 on a train dispatcher to provide signal protection. 

16 (e) INSTALLATION OF AUDIO AND IMAGE RECORDING

17 DEVICES.— 

18 (1) IN GENERAL.—Subchapter II of chapter 

19 201, as amended by subsection (c) of this section, is 

20 further amended by adding at the end the following: 

21 ‘‘§ 20171. Installation of audio and image recording 

22 devices 

23 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

24 date of enactment of the Rail Safety Improvement Act of 

25 2014, each railroad carrier that is a Class I railroad and 


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1 each railroad carrier that provides intercity rail passenger 

2 or commuter rail passenger transportation shall install 

3 inward- and outward-facing audio and image recording de4 vices in all controlling locomotive cabs and cab car oper5 ating compartments. 

6 ‘‘(b) REGULATIONS.—Not later than 1 year after the 

7 date of enactment of the Rail Safety Improvement Act of 

8 2014, the Secretary of Transportation shall promulgate 

9 such regulations as the Secretary considers necessary to 

10 implement this section. The regulations, at a minimum, 

11 shall require— 

12 ‘‘(1) a railroad carrier described in subsection 

13 (a) to establish a program for the review and use of 

14 in-cab audio and image recordings; 

15 ‘‘(2) the program under paragraph (1) to be 

16 submitted to the Secretary for review and approval; 

17 and 

18 ‘‘(3) privacy protections as determined appro19 priate by the Secretary, including limitations on the 

20 public release of the recordings under subsection (f). 

21 ‘‘(c) PROGRAMS.— 

22 ‘‘(1) IN GENERAL.—Each program established 

23 under subsection (b)(1) shall be limited to the pur24 poses under paragraph (2) of this subsection. A rail25 road carrier may not use in-cab audio or image reVerDate Mar 15 2010 01:11 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2784.IS S2784

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1 cordings or structure the program to retaliate 

2 against an employee, or for selective enforcement. 

3 ‘‘(2) PURPOSES.—A program established under 

4 subsection (b)(1) shall limit the use of in-cab audio 

5 and image recordings to the following purposes: 

6 ‘‘(A) Assisting in an investigation into the 

7 causation of a reportable accident. 

8 ‘‘(B) Verifying that a train crew member’s 

9 actions are in accordance with applicable safety 

10 laws. 

11 ‘‘(C) Counseling a train crew member if 

12 the member’s actions are not in accordance 

13 with applicable safety laws. 

14 ‘‘(d) DETAIL AND FEATURES.—In promulgating the 

15 regulations under this section, the Secretary shall specify 

16 the appropriate technical detail and essential features of 

17 the inward- and outward-facing audio and image recording 

18 devices to provide for— 

19 ‘‘(1) protection in the event of a crash or fire; 

20 ‘‘(2) a minimum 12-hour continuous recording 

21 capability; 

22 ‘‘(3) recordings that are easily accessible for re23 view during an accident investigation; and 

24 ‘‘(4) information captured by recording devices 

25 to be recorded in a location remote from the controlVerDate Mar 15 2010 01:11 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2784.IS S2784

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1 ling locomotive to maximize the likelihood of recov2 ering the information after an accident. 

3 ‘‘(e) OTHER RAILROAD CARRIERS.— 

4 ‘‘(1) IN GENERAL.—Nothing in this section re5 stricts the discretion of the Secretary to require rail6 road carriers other than those described in sub7 section (a) to install inward- and outward-facing 

8 audio and image recording devices in all controlling 

9 locomotive cabs and cab car operating compart10 ments. In exercising such discretion, the Secretary 

11 shall consider, at a minimum, the safety perform12 ance of the railroad carrier. 

13 ‘‘(2) VOLUNTARY PROGRAM ESTABLISHMENT.— 

14 Any railroad carrier other than a railroad carrier de15 scribed in subsection (a) may voluntarily establish a 

16 program under this section. This section, and any 

17 regulations promulgated under this section, shall 

18 apply to a program that is voluntarily established. 

19 ‘‘(f) CONFIDENTIALITY OF RECORDINGS.—In accord20 ance with section 552(b)(3) of title 5, the Secretary may 

21 not disclose publicly any part of an in-cab audio or image 

22 recording that the Secretary obtains as part of an accident 

23 or other investigation.’’. 

24 (2) CONFORMING AMENDMENT.—The table of 

25 contents for subchapter II of chapter 201, as 


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1 amended by subsection (c) of this section, is further 

2 amended by adding at the end the following: 

‘‘20171. Installation of audio and image recording devices.’’. 

3 SEC. 5. FATIGUE MITIGATION. 

4 (a) REGULATION ON FATIGUE MANAGEMENT

5 PLANS.—Not later than 180 days after the promulgation 

6 of the final regulation implementing the requirement for 

7 risk reduction plans under section 20156(a) of title 49, 

8 United States Code, or for 10-year technology implemen9 tation plans under section 20156(e) of that title, which10 ever is later, the Secretary of Transportation shall promul11 gate such regulations as are necessary to implement the 

12 requirement for fatigue management plans under section 

13 20156(f) of that title. 

14 (b) COST-BENEFIT ANALYSIS.— 

15 (1) IN GENERAL.—Not later than 1 year after 

16 the date of enactment of this Act, the Secretary of 

17 Transportation shall conduct a comprehensive cost18 benefit analysis to evaluate the development of hours 

19 of service requirements for all train, signal, and dis20 patching service employees based on fatigue sciences. 

21 (2) ASSUMPTIONS.—In performing the cost22 benefit analysis, the Secretary of Transportation 

23 may— 

24 (A) contemplate hours of service require25 ments for the employees described in paragraph 


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1 (1) that are based on sound, up-to-date sci2 entific information regarding fatigue measure3 ment, employee work and sleep, and accident 

4 risk; and 

5 (B) contemplate requirements that differ 

6 from the requirements under chapter 211 of 

7 title 49, United States Code. 

8 (3) CONSIDERATIONS.—In performing the cost9 benefit analysis, the Secretary of Transportation 

10 shall consider the costs, benefits, and other effects 

11 associated with the requirements contemplated in 

12 paragraph (2), including— 

13 (A) the impact on train accidents, includ14 ing fatalities, injuries, and property damage; 

15 (B) the impact on staffing, schedules, and 

16 other railroad operations; 

17 (C) the impact on employees’ salaries, 

18 earning opportunities, and other compensation; 

19 (D) the impact on customer needs, such as 

20 predictability of service; 

21 (E) the impact on productivity and com22 petitiveness; 

23 (F) the impact on recordkeeping and other 

24 railroad administration; 


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1 (G) the impact of consecutive days worked 

2 and work performed during night hours on the 

3 potential for fatigue and risk of accidents; 

4 (H) one-time versus reoccurring costs; 

5 (I) whether an effect disproportionately 

6 impacts a class of railroad; 

7 (J) the cost-effectiveness of existing rail8 road fatigue management initiatives; 

9 (K) the extent to which the application of 

10 modern fatigue science to hours of service re11 quirements is consistent with the railroad oper12 ating environment; and 

13 (L) such other effects as the Secretary of 

14 Transportation considers appropriate. 

15 (4) REPORT.—Not later than 60 days after the 

16 cost-benefit analysis is complete, the Federal Rail17 road Administration shall post a report on its 

18 website that summarizes the results of the cost-ben19 efit analysis, describes any disproportionate costs or 

20 benefits to a particular class of railroad, and rec21 ommends any changes to the current hours of serv22 ice law. 


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1 SEC. 6. TRANSPORTATION OF FLAMMABLE LIQUIDS BY 

2 RAIL. 

3 (a) IN GENERAL.—Chapter 51 is amended by insert4 ing after section 5110 the following: 

5 ‘‘§ 5111. Requirements for the operation of high-haz6 ard flammable trains 

7 ‘‘(a) In this section: 

8 ‘‘(1) CLASS 3 FLAMMABLE LIQUID.—The term 

9 ‘Class 3 flammable liquid’ has the meaning given the 

10 term in section 173.120(a) of title 49, Code of Fed11 eral Regulations. 

12 ‘‘(2) DISTRIBUTED POWER SYSTEM.—The term 

13 ‘distributed power system’ has the meaning given 

14 the term in section 229.5 of title 49, Code of Fed15 eral Regulations. 

16 ‘‘(3) DOT SPECIFICATION 111 TANK CAR.—The 

17 term ‘DOT specification 111 tank car’ means a tank 

18 car that meets Department of Transportation Speci19 fication 111 standards but does not meet the re20 quirements of Association of American Railroads 

21 Casualty Prevention Circular 1232. 

22 ‘‘(4) HIGH-HAZARD FLAMMABLE TRAIN.—The 

23 term ‘high-hazard flammable train’ means a single 

24 train transporting 20 or more tank cars loaded with 

25 a Class 3 flammable liquid. 


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1 ‘‘(5) MAXIMUM EXTENT PRACTICABLE.—The 

2 term ‘maximum extent practicable’ has the meaning 

3 given the term in section 130.5 of title 49, Code of 

4 Federal Regulations. 

5 ‘‘(6) STATE.—The term ‘State’ means a State 

6 of the United States or the District of Columbia. 

7 ‘‘(7) TWO-WAY END-OF-TRAIN DEVICE.—The 

8 term ‘two-way end-of-train device’ has the meaning 

9 given the term in section 232.5 of title 49, Code of 

10 Federal Regulations. 

11 ‘‘(8) WORST-CASE DISCHARGE.—The term 

12 ‘worst-case discharge’ has the meaning given the 

13 term in section 130.5 of title 49, Code of Federal 

14 Regulations. 

15 ‘‘(b) NOTIFICATION REQUIREMENTS.— 

16 ‘‘(1) IN GENERAL.—A railroad carrier may not 

17 operate a high-hazard flammable train in a State 

18 until the railroad carrier has provided the State 

19 Emergency Response Commission for the State or 

20 other appropriate State delegated entity, the Tribal 

21 Emergency Response Commission, as appropriate, 

22 and the County Emergency Management Commis23 sioner or other appropriate county emergency re24 sponse coordinator with— 


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1 ‘‘(A) a reasonable estimate of the number 

2 of high-hazard flammable trains that are ex3 pected to travel, per week, through each county 

4 within the State; 

5 ‘‘(B) each route that the high-hazard flam6 mable train will take within the State; 

7 ‘‘(C) a description of the Class 3 flam8 mable liquid being transported through the 

9 State; 

10 ‘‘(D) all applicable emergency response in11 formation required under subparts C and G of 

12 part 172 of title 49, Code of Federal Regula13 tions; and 

14 ‘‘(E) the contact information, including 

15 name, title, telephone number, and address, for 

16 at least 1 individual at the railroad carrier re17 sponsible for serving as the point of contact for 

18 the State Emergency Response Commission or 

19 other appropriate State delegated entity, the 

20 Tribal Emergency Response Commission, if ap21 propriate, the County Emergency Management 

22 Commissioner or other appropriate county 

23 emergency response coordinator, and any other 

24 relevant emergency responders related to the 


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1 railroad carrier’s transportation of high-hazard 

2 flammable trains. 

3 ‘‘(2) UPDATES.—A railroad carrier shall update 

4 a notification under paragraph (1) prior to making 

5 any material change in the estimated number of 

6 high-hazard flammable trains that are expected to 

7 travel, per week, through a county within the State. 

8 For purposes of this paragraph, a ‘material change’ 

9 means an increase or decrease of 25 percent or more 

10 in the estimate of the number of high-hazard flam11 mable trains from the number provided under para12 graph (1)(A). 

13 ‘‘(3) COPIES TO DEPARTMENT OF TRANSPOR14 TATION.—A railroad carrier shall provide the infor15 mation required under paragraph (1) to the Depart16 ment of Transportation concurrently with the State 

17 Emergency Response Commission or other appro18 priate State delegated entity, as applicable. 

19 ‘‘(4) FOIA.—The information provided to the 

20 Department of Transportation under paragraph (3) 

21 shall be considered a record and available to the 

22 public in accordance with section 552 of title 5, 

23 United States Code. 

24 ‘‘(5) PENALTIES.—A railroad carrier violating 

25 this subsection or a regulation promulgated under 


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1 this subsection is liable to the United States Govern2 ment for a civil penalty. The Secretary of Transpor3 tation may impose a civil penalty of up to $175,000 

4 for each violation or for each day the violation con5 tinues. 

6 ‘‘(c) SPEED RESTRICTIONS.—A railroad carrier oper7 ating a high-hazard flammable train shall— 

8 ‘‘(1) except as provided under paragraph (2), 

9 adhere to a speed restriction of 50 miles per hour; 

10 and 

11 ‘‘(2) adhere to a speed restriction of 40 miles 

12 per hour for each high-hazard flammable train— 

13 ‘‘(A) with at least 1 DOT specification 111 

14 tank car while the train operates in an area 

15 that has a population of more than 100,000 

16 people, as determined by census population 

17 data; or 

18 ‘‘(B) with at least 1 non-DOT specification 

19 tank car while the train operates in an area 

20 that has a population of more than 100,000 

21 people, as determined by census population 

22 data. 

23 ‘‘(d) REQUIRED EQUIPMENT.— 


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1 ‘‘(1) IN GENERAL.—A railroad carrier shall 

2 equip each high-hazard flammable train it operates 

3 with— 

4 ‘‘(A) a two-way end-of-train device (as de5 fined in section 232.5 of title 49, Code of Fed6 eral Regulations); 

7 ‘‘(B) a distributed power system (as de8 fined in section 229.5 of title 49, Code of Fed9 eral Regulations); or 

10 ‘‘(C) an electronically controlled pneumatic 

11 brake system (as defined in section 232.5 of 

12 title 49, Code of Federal Regulations). 

13 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

14 apply to the operation of a high-hazard flammable 

15 train that is limited to a maximum speed of 30 miles 

16 per hour. 

17 ‘‘(3) CONSTRUCTION.—Nothing in this sub18 section shall be construed to limit the authority of 

19 the Secretary to promulgate regulations or issue or20 ders under other law. 

21 ‘‘(e) INSTALLATION OF WAYSIDE DEFECTIVE BEAR22 ING DETECTORS.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 each railroad carrier shall install wayside defective 


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1 bearing detectors at least every 40 miles along main 

2 line track— 

3 ‘‘(A) that the railroad carrier owns or has 

4 been assigned maintenance responsibility under 

5 section 213.5 of title 49, Code of Federal Regu6 lations; and 

7 ‘‘(B) over which 1 or more high-hazard 

8 flammable trains are operated. 

9 ‘‘(2) COMPLETION.— 

10 ‘‘(A) PROGRESS REPORT.—Not later than 

11 180 days after the date of enactment of the 

12 Rail Safety Improvement Act of 2014, a rail13 road carrier shall submit to the Secretary a re14 port describing the progress the railroad carrier 

15 has made toward completion of the installation 

16 of wayside defective bearing detectors under 

17 paragraph (1). 

18 ‘‘(B) COMPLETION DATE.—After reviewing 

19 the report submitted under subparagraph (A), 

20 the Secretary shall establish a date by which 

21 the railroad carrier must complete the installa22 tion of wayside defective bearing detectors 

23 under paragraph (1). 

24 ‘‘(3) EXCEPTION.—Paragraph (1) shall not 

25 apply to any situation in which the Secretary deterVerDate Mar 15 2010 01:11 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2784.IS S2784

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1 mines that track configuration or other safety con2 siderations dictate otherwise. 

3 ‘‘(f) INSPECTIONS.—A railroad carrier shall— 

4 ‘‘(1) conduct at least 2 automated track geom5 etry inspections each calendar year on main line 

6 track— 

7 ‘‘(A) that the railroad carrier owns or has 

8 been assigned maintenance responsibility under 

9 section 213.5 of title 49, Code of Federal Regu10 lations; and 

11 ‘‘(B) over which a high-hazard flammable 

12 train is operated; 

13 ‘‘(2) perform at least 1 additional internal rail 

14 inspection each calendar year than is required under 

15 section 213.237(c) of title 49, Code of Federal Reg16 ulations on main line track— 

17 ‘‘(A) that the railroad carrier owns or has 

18 been assigned maintenance responsibility under 

19 section 213.5 of title 49, Code of Federal Regu20 lations; and 

21 ‘‘(B) over which a high-hazard flammable 

22 train is operated; and 

23 ‘‘(3) perform at least 1 additional track inspec24 tion per week than is required under section 


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1 213.233(c) of title 49, Code of Federal Regulations, 

2 on each main line track— 

3 ‘‘(A) that the railroad carrier owns or has 

4 been assigned maintenance responsibility under 

5 section 213.5 of title 49, Code of Federal Regu6 lations; and 

7 ‘‘(B) over which a high-hazard flammable 

8 train is operated.’’. 

9 (b) CONFORMING AMENDMENT.—The table of con10 tents for chapter 51 is amended by adding after the item 

11 relating to section 5110 the following: 

‘‘5111. Requirements for the operation of high-hazard flammable trains.’’. 

12 (c) OIL SPILL PREVENTION AND RESPONSE

13 PLANS.— 

14 (1) SUBMISSION AND APPROVAL PROCE15 DURES.—Not later than 180 days after the date of 

16 enactment of this Act, the Secretary of Transpor17 tation shall promulgate regulations to require ap18 proval of each oil spill prevention and response plan 

19 submitted or resubmitted to the Federal Railroad 

20 Administrator (for tank cars) to ensure it meets all 

21 the requirements of part 130 of title 49, Code of 

22 Federal Regulations, as revised under paragraph (2) 

23 of this subsection. The regulations shall include no24 tice of, and an opportunity to respond to, including 

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1 leged plan deficiencies or proposed plan revisions 

2 and an opportunity to correct any plan deficiencies. 

3 (2) REGULATIONS.—Not later than 180 days 

4 after the date of enactment of this Act, the Sec5 retary of Transportation shall revise the regulations 

6 under part 130 of the Code of Federal Regulations 

7 (relating to oil spill prevention and response plans) 

8 to modify the 1,000 barrels (42,000 gallons) thresh9 old for a comprehensive oil spill prevention and re10 sponse plan to account for worst-case discharges re11 sulting from accidents involving unit trains or blocks 

12 of 20 or more tank cars. 

13 (d) POSITIVE TRAIN CONTROL.—Section 

14 20157(a)(1) is amended— 

15 (1) by striking ‘‘Not later than 18 months after 

16 the date of enactment of the Rail Safety Improve17 ment Act of 2008, each’’ and inserting ‘‘Each’’; 

18 (2) in subparagraph (B), by striking ‘‘; and’’ 

19 and inserting a semicolon; 

20 (3) by redesignating subparagraph (C) as sub21 paragraph (D); and 

22 (4) by inserting after subparagraph (B), the 

23 following: 

24 ‘‘(C) its main line over which 20 or more 

25 tank cars loaded with petroleum crude oil, Class 


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1 3 (as described in section 172.101 of title 49, 

2 Code of Federal Regulations) are transported; 

3 and’’. 

4 (e) SHORT LINE AND REGIONAL RAILROAD SAFETY

5 GRANTS.—Section 20108 is amended by adding at the end 

6 the following: 

7 ‘‘(d) SHORT LINE AND REGIONAL RAILROAD SAFETY

8 INITIATIVE.— 

9 ‘‘(1) GRANTS AUTHORIZED.—The Secretary 

10 may award grants to private or nonprofit organiza11 tions involved in, or affiliated with, transportation by 

12 Class II or Class III railroads. 

13 ‘‘(2) USE OF FUNDS.—Grant funds awarded 

14 under this subsection shall be used for research, de15 velopment, testing, evaluation, and training efforts 

16 that are designed to enhance rail safety practices 

17 and safety culture. 

18 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

19 ‘‘(A) FISCAL YEAR 2015.—There is author20 ized to be appropriated to the Secretary 

21 $2,000,000 for fiscal year 2015 for grants 

22 under this subsection. 

23 ‘‘(B) FISCAL YEARS 2016 THROUGH 2019.— 

24 There is authorized to be appropriated to the 

25 Secretary such sums as may be necessary for 


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1 each of the fiscal years 2016 through 2019 for 

2 grants under this subsection. 

3 ‘‘(C) AVAILABILITY.—Amounts appro4 priated under this paragraph shall remain avail5 able until expended.’’. 

6 (f) ACCIDENT ANALYSIS AND MITIGATION.—With 

7 amounts appropriated under section 20117(a) of title 49, 

8 United States Code, the Secretary of Transportation shall 

9 conduct accident analysis and mitigation research to ex10 amine— 

11 (1) how the safety risks of transporting energy 

12 products by rail changes from source to destination; 

13 (2) the likelihood and consequences of accidents 

14 during pre-treatment, classification, loading, transit, 

15 and unloading; 

16 (3) mitigation strategies to reduce identified 

17 risks throughout the supply chain, including— 

18 (A) regulation and enforcement; 

19 (B) more accurate classification methods; 

20 (C) alternative routing; 

21 (D) reduced speeds; 

22 (E) improved braking; 

23 (F) improved tank car crashworthiness; 

24 and 

25 (G) better informed emergency responders. 


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1 (g) RESEARCH ON TANK CAR SAFETY.—With 

2 amounts appropriated under section 20117(a) of title 49, 

3 United States Code, the Secretary of Transportation shall 

4 supplement research conducted by the Pipeline and Haz5 ardous Materials Safety Administration on the develop6 ment of a Liquefied Natural Gas bulk tank car and loco7 motive tender designs by conducting full-scale impact tests 

8 to assess performance, puncture resistance, and validate 

9 computer simulations. 

10 SEC. 7. AMENDMENTS TO THE SAFETY APPLIANCE LAW. 

11 (a) MOVING DEFECTIVE AND INSECURE VEHICLES

12 NEEDING REPAIRS.— 

13 (1) IN GENERAL.—Section 20303 is amended 

14 by adding at the end the following: 

15 ‘‘(d) DEFINITION OF NEAREST.—The term ‘nearest’ 

16 means the closest in the forward direction of travel for 

17 the defective or insecure vehicle.’’. 

18 (2) TECHNICAL AMENDMENTS.—Section 

19 20303(a)(2) is amended by striking ‘‘clause (1) of 

20 this subsection’’ and inserting ‘‘paragraph (1)’’. 

21 (b) EXEMPTION FOR TECHNOLOGICAL IMPROVE22 MENTS.—Section 20306 is amended— 

23 (1) in subsection (b)(1), by striking ‘‘; or’’ and 

24 inserting a semicolon; 


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1 (2) in subsection (b)(2), by striking the period 

2 at the end and inserting ‘‘; or’’; and 

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

4 ‘‘(3) a regulation promulgated under section 

5 553 of title 5, United States Code.’’. 

6 SEC. 8. AMENDMENTS TO THE LOCOMOTIVE INSPECTION 

7 LAW. 

8 (a) REQUIREMENTS FOR USE.—Section 20701 is 

9 amended— 

10 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

11 ‘‘A railroad carrier’’ and indenting appropriately; 

12 (2) in subsection (a)(2), as redesignated, by 

13 striking ‘‘; and’’ and inserting a semicolon; 

14 (3) in subsection (a)(3), as redesignated, by 

15 striking the period and inserting ‘‘; and’’; 

16 (4) in subsection (a), as redesignated, by add17 ing at the end the following: 

18 ‘‘(4) are of a unique design or utilize a new 

19 power source technology that has been approved in 

20 advance by the Secretary.’’; and 

21 (5) by adding at the end the following: 

22 ‘‘(b) DEFINITION OF NEW POWER SOURCE TECH23 NOLOGY.—For the purposes of subsection (a)(4), the term 

24 ‘new power source technology’ means a technology that 


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1 employs a source of motive power other than diesel fuel, 

2 electricity, or steam.’’. 

3 SEC. 9. REPAIR AND REPLACEMENT OF DAMAGED TRACK 

4 INSPECTION EQUIPMENT. 

5 (a) IN GENERAL.—Subchapter I of chapter 201 is 

6 amended by adding after section 20120 the following: 

7 ‘‘§ 20121. Repair and replacement of damaged track 

8 inspection equipment 

9 ‘‘The Secretary of Transportation may receive and 

10 expend cash, or receive and utilize spare parts and similar 

11 items, from non-United States Government sources to re12 pair damages to or replace United States Government 

13 owned automated track inspection cars and equipment as 

14 a result of third-party liability for such damages, and any 

15 amounts collected under this section shall be credited di16 rectly to the Railroad Safety and Operations account of 

17 the Federal Railroad Administration, and shall remain 

18 available until expended for the repair, operation, and 

19 maintenance of automated track inspection cars and 

20 equipment in connection with the automated track inspec21 tion program.’’. 

22 (b) CONFORMING AMENDMENT.—The table of con23 tents for subchapter I of chapter 201 is amended by add24 ing after section 21020 the following: 

‘‘20121. Repair and replacement of damaged track inspection equipment.’’. 


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1 SEC. 10. COMMUTER RAIL TRACK INSPECTIONS. 

2 (a) IN GENERAL.—Subchapter II of chapter 201, as 

3 amended by section 4 of this Act, is further amended by 

4 adding at the end the following: 

5 ‘‘§ 20172. Commuter rail track inspections 

6 ‘‘(a) IN GENERAL.—When performing an inspection 

7 as required under subpart F of part 213 of title 49, Code 

8 of Federal Regulations, a railroad carrier providing com9 muter rail passenger transportation on high density com10 muter railroad lines (as described in section 213.233(b)(3) 

11 of title 49, Code of Federal Regulations) shall, at a min12 imum— 

13 ‘‘(1) actually traverse each main line by vehicle 

14 or inspect each main line on foot at least once every 

15 2 weeks; and 

16 ‘‘(2) actually traverse and inspect each siding 

17 by vehicle or by foot at least once every month. 

18 ‘‘(b) CONSTRUCTION.—Nothing in this section shall 

19 be construed to limit the authority of the Secretary to pro20 mulgate regulations or issue orders under other law.’’. 

21 (b) CONFORMING AMENDMENT.—The table of con22 tents for subchapter II of chapter 201, as amended by 

23 section 4 of this Act, is further amended by adding at the 

24 end the following: 

‘‘20172. Commuter rail track inspections.’’. 


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1 SEC. 11. AUTOMATED TRACK GEOMETRY INSPECTIONS. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of enactment of this Act, the Secretary of Transpor4 tation shall promulgate such regulations as the Secretary 

5 considers necessary to require each railroad carrier to con6 duct at least 1 annual automated track geometry inspec7 tion on all high-tonnage routes (as defined by the Sec8 retary), passenger train routes, and hazardous materials 

9 routes on main line track that the railroad carrier owns 

10 or has been assigned maintenance responsibility under sec11 tion 213.5 of title 49, Code of Federal Regulations. 

12 (b) EXCEPTIONS.—In promulgating the regulations 

13 under subsection (a), the Secretary of Transportation may 

14 provide an exception for a railroad carrier that dem15 onstrates, to the Secretary’s satisfaction, that its inspec16 tion practices provide an equivalent level of safety benefit. 

17 (c) CONSTRUCTION.—Nothing in this section shall be 

18 construed to limit the authority of the Secretary to pro19 mulgate regulations or issue orders under other law. 

20 SEC. 12. SPEED ENFORCEMENT. 

21 (a) AUTOMATED TRAIN CONTROL INSPECTIONS.— 

22 Not later than 1 year after the date of enactment of this 

23 Act, the Secretary of Transportation shall promulgate reg24 ulations requiring each railroad carrier operating in auto25 mated train control territory to perform a regular inspec26 tion at each location that has a reduction of more than 


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1 20 miles per hour in the maximum authorized speed until 

2 the Secretary has certified the railroad carrier’s positive 

3 train control system under section 20157(h) of title 49, 

4 United States Code. 

5 (b) SIGNAGE.—Not later than 1 year after the date 

6 of enactment of this Act, the Secretary of Transportation 

7 shall promulgate regulations requiring the installation of 

8 signs to warn train crews before they approach a location 

9 where there is a permanent reduction of more than 20 

10 miles per hour in the maximum authorized speed. 

11 (c) REPORT.—Not later than 6 months after the date 

12 of the enactment of this Act, the Secretary of Transpor13 tation shall transmit to the Committee on Commerce, 

14 Science, and Transportation of the Senate and the Com15 mittee on Transportation and Infrastructure of the House 

16 of Representatives a report describing— 

17 (1) the actions the railroad carriers have taken 

18 in response to Safety Advisory 2013–08, entitled 

19 Operational Tests and Inspections for Compliance 

20 With Maximum Authorized Train Speeds and Other 

21 Speed Restrictions; and 

22 (2) the actions the Federal Railroad Adminis23 tration has taken to determine and ensure compli24 ance with that safety advisory. 


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1 SEC. 13. UNINTENTIONAL MOVEMENT. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Secretary of Transportation shall revise 

4 the regulations in section 232.103(n) of title 49, Code of 

5 Federal Regulations, relating to securement of unattended 

6 equipment, to incorporate those requirements under Fed7 eral Railroad Administration Emergency Order No. 28 

8 (78 Fed. Reg. 48218; relating to establishing additional 

9 requirements for attendance and securement of certain 

10 freight trains and vehicles on mainline track or mainline 

11 siding outside of a yard or terminal) to the extent the Sec12 retary considers practicable. 

13 SEC. 14. RAIL SAFETY OVERSIGHT IMPROVEMENTS. 

14 (a) RISK REDUCTION IMPLEMENTATION PLAN.—Not 

15 later than 60 days after the date of enactment of this Act, 

16 the Secretary of Transportation shall develop and submit 

17 to the Committee on Commerce, Science, and Transpor18 tation of the Senate and the Committee on Transportation 

19 and Infrastructure of the House of Representatives an im20 plementation plan for the oversight of railroad safety risk 

21 reduction programs developed under section 20156 of title 

22 49, United States Code. The plan shall contain— 

23 (1) interim milestones for finalizing any regula24 tion required to implement section 20156 of title 49, 

25 United States Code; and 


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1 (2) estimated timeframes for the review and ap2 proval of railroad safety risk reduction program 

3 components required under section 20156(d)(2) of 

4 title 49, United States Code. 

5 (b) HUMAN CAPITAL PLAN.— 

6 (1) IN GENERAL.—Not later than 2 years after 

7 the date of enactment of this Act, the Secretary 

8 shall develop a long-range strategic human capital 

9 plan for the Federal Railroad Administration. The 

10 plan shall— 

11 (A) identify and prioritize the Federal 

12 Railroad Administration’s human capital needs 

13 over a minimum of 5 years; 

14 (B) align the human capital needs under 

15 subparagraph (A) with the Federal Railroad 

16 Administration’s safety mission; and 

17 (C) include specific approaches for how the 

18 Secretary will ensure that the Federal Railroad 

19 Administration has enough inspectors to per20 form its current and future oversight work, in21 cluding the implementation of requirements for 

22 positive train control and railroad safety risk 

23 reduction programs. 

24 (2) CONSIDERATIONS.—In developing the plan, 

25 the Secretary shall consider— 


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1 (A) whether the Federal Railroad Adminis2 tration’s staffing allocation process is flexible 

3 enough to respond to shifts in rail traffic vol4 umes and patterns across different regions; and 

5 (B) railroad industry trends, projected re6 tirements, skill gaps, and training needs. 

7 (3) REPORT.—Not later than 30 days after the 

8 plan is complete, the Secretary shall transmit a re9 port to the Committee on Commerce, Science, and 

10 Transportation of the Senate and the Committee on 

11 Transportation and Infrastructure of the House of 

12 Representatives that summarizes the contents of the 

13 plan and describes how the Secretary will prioritize 

14 resources to mitigate the largest rail safety oversight 

15 risks and to prevent rail accidents. 

16 SEC. 15. REPORTS ON STATUTORY MANDATES AND REC17 OMMENDATIONS. 

18 Section 106 of the Rail Safety Improvement Act of 

19 2008 (49 U.S.C. 20101 note) is amended by striking ‘‘Not 

20 later than December 31, 2008, and annually thereafter, 

21 the Secretary’’ and inserting ‘‘Not later than 90 days after 

22 the date of enactment of the Rail Safety Improvement Act 

23 of 2014, and quarterly thereafter, the Administrator of 

24 the Federal Railroad Administration’’. 


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1 SEC. 16. OPERATION DEEP DIVE; REPORT. 

2 (a) IN GENERAL.—Not later than 60 days after the 

3 date of enactment of this Act, and quarterly thereafter 

4 until the completion date, the Administrator of the Fed5 eral Railroad Administration shall submit to the Com6 mittee on Commerce, Science, and Transportation of the 

7 Senate and the Committee on Transportation and Infra8 structure of the House of Representatives a report on the 

9 progress of Metro-North Commuter Railroad in imple10 menting the directives and recommendations issued by the 

11 Federal Railroad Administration in its March 2014 report 

12 to Congress, Operation Deep Dive Metro-North Commuter 

13 Railroad Safety Assessment. Not later than 30 days after 

14 the completion date, the Federal Railroad Administration 

15 shall submit a final report on the directives and rec16 ommendations to Congress. 

17 (b) DEFINITION OF COMPLETION DATE.—For pur18 poses of this section, the term ‘‘completion date’’ means 

19 the date that Metro-North Commuter Railroad has com20 pleted all of the directives and recommendations issued by 

21 the Federal Railroad Administration in its March 2014 

22 report to Congress. 

23 SEC. 17. USE OF CERTAIN REPORTS AND SURVEYS. 

24 (a) IN GENERAL.—Section 20119 of title 49, United 

25 States Code, is repealed. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents for title 49, United States Code, is amended by strik3 ing the item relating to section 20119. 

4 SEC. 18. AUTHORIZATION OF APPROPRIATIONS; MISCELLA5 NEOUS. 

6 (a) HIGHWAY-RAIL GRADE CROSSING SAFETY

7 STUDY.—There are authorized to be appropriated to the 

8 Secretary of Transportation such sums as may be nec9 essary to conduct a study of railroad operations that block 

10 highway-rail grade crossings, including the severity, fre11 quency, and other characteristics of such blockages, to re12 main available until expended. For the purpose of this 

13 subsection, the term ‘‘highway-rail grade crossing’’ has the 

14 meaning given the term in section 20153(a) of title 49, 

15 United States Code. 

16 (b) TRAIN LENGTH STUDY.—There are authorized to 

17 be appropriated to the Secretary of Transportation such 

18 sums as may be necessary to conduct a study of whether 

19 train length correlates with the severity and frequency of 

20 train derailments, to remain available until expended. 

21 (c) OPERATION LIFESAVER; AUTHORIZATION OF AP22 PROPRIATIONS.—Section 206(c) of the Rail Safety Im23 provement Act of 2008 (49 U.S.C. 22501 note) is amend24 ed to read as follows: 


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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Federal Railroad 

3 Administration for carrying out this section $1,500,000 

4 for each of fiscal years 2015 through 2020.’’. 

5 SEC. 19. ENFORCEMENT. 

6 (a) SAFETY SENSITIVE VIOLATIONS.—Not later than 

7 180 days after the date of enactment of this Act, the Sec8 retary of Transportation shall issue a statement of agency 

9 policy— 

10 (1) defining the term ‘‘safety sensitive viola11 tion’’ for purposes of the amendments under sub12 section (c); and 

13 (2) identifying in the penalty schedules those 

14 violations under chapter 201, chapters 203 through 

15 209, and chapter 211 of title 49, United States 

16 Code, that meet the definition under paragraph (1) 

17 of this subsection. 

18 (b) NOTICE AND COMMENT.—The Secretary of 

19 Transportation may subject the statement of agency policy 

20 under subsection (a) to notice and comment, as the Sec21 retary considers appropriate. 

22 (c) CIVIL PENALTIES INCREASES.— 

23 (1) CHAPTER 201 GENERAL VIOLATIONS.—Sec24 tion 21301(a) is amended— 


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1 (A) by inserting ‘‘, except that if the viola2 tion is a safety sensitive violation the amount of 

3 the penalty shall be at least $13,000’’ after 

4 ‘‘$25,000’’; 

5 (B) by striking ‘‘$25,000’’ and inserting 

6 ‘‘$500,000’’; 

7 (C) by striking ‘‘the amount may be not 

8 more than $100,000’’ and inserting ‘‘the 

9 amount shall be at least $1,000,000’’; and 

10 (D) in paragraph (3), by inserting ‘‘, or 

11 $13,000 if the violation is a safety sensitive vio12 lation,’’ after ‘‘$500’’. 

13 (2) CHAPTER 201 ACCIDENT AND INCIDENT VIO14 LATIONS; CHAPTERS 203 THROUGH 209 VIOLA15 TIONS.—Section 21302(a)(2) is amended— 

16 (A) by inserting ‘‘, except that if the viola17 tion is a safety sensitive violation the amount of 

18 the penalty shall be at least $13,000’’ after 

19 ‘‘$25,000’’; 

20 (B) by striking ‘‘$25,000’’ and inserting 

21 ‘‘$500,000’’; and 

22 (C) by striking ‘‘the amount may be not 

23 more than $100,000’’ and inserting ‘‘the 

24 amount shall be at least $1,000,000’’. 


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1 (3) CHAPTER 211 VIOLATIONS.—Section 

2 21303(a)(2) is amended— 

3 (A) by inserting ‘‘, except that if the viola4 tion is a safety sensitive violation the amount of 

5 the penalty shall be at least $13,000’’ after 

6 ‘‘$25,000’’; 

7 (B) by striking ‘‘$25,000’’ and inserting 

8 ‘‘$500,000’’; and 

9 (C) by striking ‘‘the amount may be not 

10 more than $100,000’’ and inserting ‘‘the 

11 amount shall be at least $1,000,000’’. 

12 (4) INFLATION ADJUSTMENTS; STATEMENTS OF

13 AGENCY POLICY.—The Secretary of Transportation 

14 shall issue a statement of agency policy adjusting 

15 the penalty schedules for violations of chapter 201, 

16 chapters 203 through 209, and chapter 211 of title 

17 49, United States Code, as necessary to account for 

18 inflation, each time the Secretary is required by law 

19 to review the minimum and maximum civil monetary 

20 penalty for inflation under the Federal Civil Pen21 alties Inflation Adjustment Act of 1990. The Sec22 retary may subject the statement of agency policy to 

23 notice and comment, as the Secretary considers ap24 propriate. 


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1 (d) ENFORCEMENT REPORT.—Section 20120(a)(2) 

2 is amended by inserting after ‘‘prior fiscal year,’’ the fol3 lowing: ‘‘for both ordinary and safety-sensitive viola4 tions,’’. 

5 (e) EFFECTIVE DATE.—The amendments under sub6 paragraphs (A) and (D) of subsection (c)(1), under sub7 section (c)(2)(A), and under subsection (c)(3)(A) shall 

8 take effect on the date that is 180 days after the date 

9 that the Secretary of Transportation defines the term 

10 ‘‘safety sensitive violation’’ under subsection (a). 

11 SEC. 20. CONFIDENTIAL CLOSE CALL REPORTING SYSTEMS. 

12 (a) IN GENERAL.—Subchapter II of chapter 201, as 

13 amended by section 10, is further amended by adding at 

14 the end the following: 

15 ‘‘§ 20173. Confidential close call reporting systems 

16 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

17 date of enactment of the Rail Safety Improvement Act of 

18 2014, each applicable railroad carrier shall establish a 

19 confidential close call reporting system. 

20 ‘‘(b) REGULATIONS.—Not later than 1 year after the 

21 Rail Safety Improvement Act of 2014, the Secretary shall 

22 promulgate regulations setting forth the requirements for 

23 an applicable railroad carrier to follow in establishing a 

24 confidential close call reporting system program. The Sec25 retary may use any information and experience gathered 


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1 through research and pilot programs on confidential close 

2 call reporting systems in developing the regulations, in3 cluding continuing the use of third parties for the collec4 tion of close call reports and distribution of close call data. 

5 The Secretary shall ensure that an applicable railroad car6 rier’s employees receive protection under its program from 

7 any related Federal Railroad Administration enforcement 

8 actions. 

9 ‘‘(c) PROGRAM DEVELOPMENT AND OVERSIGHT.— 

10 ‘‘(1) IN GENERAL.—Not later than 180 days 

11 after the date of the final regulations under sub12 section (b), an applicable railroad carrier shall de13 velop a proposed program and submit it to the Sec14 retary for review and approval. 

15 ‘‘(2) CONTENTS.—A railroad carrier shall de16 scribe its proposed program’s core principles and 

17 values, explain the rights, roles, and responsibilities 

18 of program stakeholders, identify concerns and inter19 ests, and describe how the program will operate. 

20 ‘‘(3) REVIEW.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 review and approve or disapprove each proposed 

23 program within a reasonable amount of time. If 

24 a proposed program is not approved, the Sec25 retary shall notify the applicable railroad carVerDate Mar 15 2010 01:11 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S2784.IS S2784

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1 rier in writing as to the specific areas in which 

2 the proposed program is deficient. The applica3 ble railroad carrier shall correct all deficiencies 

4 within a reasonable period of time following re5 ceipt of written notice from the Secretary. 

6 ‘‘(B) UPDATES.—An applicable railroad 

7 carrier shall update its program as needed and 

8 obtain the Secretary’s approval prior to making 

9 any major changes to its program. 

10 ‘‘(C) ANNUAL REVIEWS.—The Secretary 

11 shall conduct an annual review to ensure that 

12 each applicable railroad carrier is in compliance 

13 with its program. 

14 ‘‘(d) PROGRAM ELEMENTS.—Each applicable rail15 road carrier shall— 

16 ‘‘(1) provide a safe environment for its employ17 ees to report unsafe events and conditions; 

18 ‘‘(2) for unsafe events and conditions reported 

19 within the scope of a confidential close call reporting 

20 system, ensure its employees are protected from rail21 road carrier discipline; 

22 ‘‘(3) use information collected through the con23 fidential close call reporting system to develop and 

24 implement targeted corrective actions, as appro25 priate; and 


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1 ‘‘(4) use information collected by the programs 

2 to supplement inspection data in identifying safety 

3 issues and emerging risks before they develop into 

4 accidents. 

5 ‘‘(e) CONSENSUS.— 

6 ‘‘(1) IN GENERAL.—Each applicable railroad 

7 carrier shall consult with, employ good faith with, 

8 and use its best efforts to reach agreement with all 

9 of its directly affected employees, including any non10 profit employee labor organization representing a 

11 class or craft of directly affected employees of the 

12 applicable railroad carrier, on the development and 

13 implementation of the proposed program. 

14 ‘‘(2) STATEMENTS.—If an applicable railroad 

15 carrier and its directly affected employees, including 

16 any nonprofit employee labor organization rep17 resenting a class or craft of directly affected employ18 ees of the applicable railroad carrier, cannot reach 

19 consensus on the development and implementation of 

20 the proposed program, then directly affected employ21 ees and such organization may file a statement with 

22 the Secretary explaining their views on the proposed 

23 program on which consensus was not reached. The 

24 Secretary shall consider such views during review of 

25 the proposed program under subsection (c)(3)(A). 


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1 ‘‘(f) VOLUNTARY PROGRAM ESTABLISHMENT.—Any 

2 railroad carrier that is not an applicable railroad carrier 

3 may voluntarily establish a program under this section. 

4 This section, and any regulations promulgated under this 

5 section, shall apply to a program that is voluntarily estab6 lished. 

7 ‘‘(g) USE OF DATA.—The Secretary may use the con8 fidential close call reporting data— 

9 ‘‘(1) when implementing or updating the Fed10 eral Railroad Administration’s National Inspection 

11 Plan; 

12 ‘‘(2) when performing focused inspections; or 

13 ‘‘(3) when developing agency rulemakings and 

14 guidance, as appropriate. 

15 ‘‘(h) DEFINITION OF APPLICABLE RAILROAD CAR16 RIER.—In this section, the term ‘applicable railroad car17 rier’ means— 

18 ‘‘(1) a railroad carrier that is a Class I rail19 road; 

20 ‘‘(2) a railroad carrier that has inadequate safe21 ty performance, as determined by the Secretary; or 

22 ‘‘(3) a railroad carrier that provides intercity 

23 rail passenger or commuter rail passenger transpor24 tation. 


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1 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary such sums 

3 as may be necessary to implement this section and support 

4 the nationwide implementation, as the Secretary deter5 mines appropriate, of confidential close call reporting sys6 tem programs.’’. 

7 (b) CONFORMING AMENDMENT.—The table of con8 tents for subchapter II of chapter 201, as amended by 

9 section 10 of this Act, is further amended by adding at 

10 the end the following: 

‘‘20173. Confidential close call reporting systems.’’. 

11 SEC. 21. FREIGHT TRAIN CREW SIZE. 

12 (a) IN GENERAL.—Subchapter II of chapter 201, as 

13 amended by section 20 of this Act, is further amended 

14 by adding at the end the following: 

15 ‘‘§ 20174. Freight train crew size 

16 ‘‘(a) IN GENERAL.—No freight train or light engine 

17 used in connection with the movement of freight may be 

18 operated unless it has a crew of at least 2 individuals of 

19 which— 

20 ‘‘(1) 1 individual is certified as a locomotive op21 erator under section 20135; and 

22 ‘‘(2) 1 individual is certified as a train con23 ductor under section 20163. 


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1 ‘‘(b) DEFINITION OF LIGHT ENGINE.—In this sec2 tion, the term ‘light engine’ means a locomotive operating 

3 without cars attached or with caboose only.’’. 

4 (b) CONFORMING AMENDMENT.—The table of con5 tents for subchapter II of chapter 201, as amended by 

6 section 20 of this Act, is further amended by adding at 

7 the end the following: 

‘‘20174. Freight train crew size.’’. 

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

9 subsections (a) and (b) of this section shall take effect on 

10 the date that is 30 days after the date of enactment of 

11 the Rail Safety Improvement Act of 2014. 

Æ 


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