‘‘(c) POWER DIRECTORS.—A railroad carrier and its 
managers, supervisors, officers, and agents may not re-
quire or allow a power director to remain or go on duty 
for more than a total of 12 hours during a 24-hour pe-
riod.’’. 
(e) 
DETERMINING
TIME
ON
DUTY.—Section 
21105(d), as so redesignated by subsection (c) of this sec-
tion, is amended to read as follows: 
‘‘(d) DETERMINING TIME ON DUTY.—In determining 
under subsection (b) or (c) the time a dispatching service 
employee or power director is on or off duty, time spent 
performing any other service for one or more railroad car-
riers or independent contractors (or a combination there-
of) during a 24-hour period in which the employee is on 
duty in a tower, office, station, or other place is time on 
duty in that tower, office, station, or place, and counts 
toward the employee’s aggregate time on duty.’’. 
(f) NOTICE ABOUT DUAL EMPLOYMENT.—Section 
21105 is amended by adding at the end the following new 
subsection: 
‘‘(f) NOTICE ABOUT DUAL EMPLOYMENT.—(1) Not 
later than January 31 each year, a railroad carrier shall 
inform each of its dispatching service employees and power 
directors in writing—
‘‘(A) that all time spent performing aggregate 
duty for one or more railroad carriers and one or 
more independent contractors counts as time on 
duty under this section; 
‘‘(B) about the employee’s responsibilities under 
paragraph (2); and 
‘‘(C) about the penalties applicable under sec-
tion 21303 to a failure to comply with paragraph (2) 
of this subsection. 
‘‘(2) A dually employed dispatching service employee 
or power director shall—
‘‘(A) inform each of his or her railroad carrier 
and independent contractor employers in writing 
within 5 days after entering into an employment re-
lationship with an additional railroad carrier or inde-
pendent contractor; and 
‘‘(B) ensure that each of his or her railroad 
carrier and independent contractor employers is kept 
informed about the employee’s work schedule with 
each of the other employing railroad carriers and 
independent contractors. 
‘‘(3) A railroad carrier or independent contractor re-
ceiving written notification of dual employment shall re-
tain a copy of the notification for a period of two years 
after the termination of such dual employment status. A
copy shall be made available to representatives of the Sec-
retary of Transportation for inspection and copying during 
normal business hours at the railroad carrier’s or inde-
pendent contractor’s system headquarters and at such 
subsystem headquarters as may be required by the Sec-
retary by regulation.’’. 
(g) TECHNICAL AMENDMENTS.—(1) The heading of 
section 21105 is amended by inserting ‘‘and power di-
rectors’’ after ‘‘service employees’’. 
(2) The item in the table of sections of chapter 211 
relating to section 21105 is amended by inserting ‘‘and 
power directors’’ after ‘‘service employees’’. 
SEC. 105. EMPLOYEE SLEEPING QUARTERS. 
Section 21106 is amended to read as follows: 
‘‘§ 21106. Limitations on employee sleeping quarters 
‘‘(a) GENERAL RULE.—A railroad carrier and its 
managers, supervisors, officers, and agents may provide 
sleeping quarters (including crew quarters, camp or bunk 
cars, and trailers) for employees, including signal employ-
ees, and for any individuals employed to maintain the 
right of way of a railroad carrier, only if the sleeping quar-
ters—
‘‘(1) are clean, safe, and sanitary;
‘‘(2) give those employees and other individuals 
an opportunity for rest free from the interruptions 
caused by noise; and 
‘‘(3) provide a separate bedroom for each em-
ployee or other individual. 
‘‘(b) LOCATION.—Effective January 1, 2004, sleep-
ing quarters referred to in subsection (a) shall not be lo-
cated in an area or in the immediate vicinity of an area, 
as determined under regulations prescribed by the Sec-
retary of Transportation, in which railroad switching or 
humping operations are performed. 
‘‘(c) MAXIMUM NOISE LEVELS.—The Secretary, in 
prescribing regulations under this section, shall set max-
imum noise levels which may be experienced in sleeping 
quarters. Such levels shall be based in part on single event 
noise levels.’’. 
SEC. 106. FATIGUE MANAGEMENT PLANS. 
(a) AMENDMENT.—Chapter 211 is amended by add-
ing at the end the following new section: 
‘‘§ 21109. Fatigue management plans 
‘‘(a) PLAN SUBMISSION.—
‘‘(1) REQUIREMENT.—(A) Each Class I and 
Class II railroad carrier, each railroad carrier pro-
viding intercity rail passenger transportation (as 
such term is defined in section 24102), and each
railroad carrier providing commuter rail passenger 
transportation (as such term is defined in section 
24102), shall submit to the Secretary of Transpor-
tation a fatigue management plan that is designed 
to reduce the fatigue experienced by railroad employ-
ees employed by the railroad carrier or its inde-
pendent contractors and to reduce the likelihood of 
accidents and injuries caused by fatigue. The plan 
shall address safety effects of fatigue on all employ-
ees, including employees not covered by this chapter. 
The plan shall be submitted not later than 1 year 
after the date of the enactment of this section, or 
not later than 45 days prior to commencing oper-
ations, whichever is later. 
‘‘(B) In the interest of railroad safety, addi-
tional categories or classes of railroad carriers may 
be required to submit a fatigue management plan, as 
determined under regulations prescribed by the Sec-
retary. 
‘‘(C) The Secretary may require resubmission 
or revision of a fatigue management plan at any 
time. 
‘‘(2) CONTENTS OF PLAN.—The fatigue man-
agement plan shall—
‘‘(A) include the railroad carrier’s—
‘‘(i) reasons for deciding whether to 
include or not include each element de-
scribed in subsection (b)(2) and (3) in the 
fatigue management plan; and 
‘‘(ii) analysis supporting each element 
included in the plan; 
‘‘(B) describe how every condition on the 
railroad carrier’s property, and every type of 
employee, that is likely to be affected by fatigue 
is addressed in the plan; and 
‘‘(C) include the name, title, address, and 
telephone number of the primary person to be 
contacted with regard to review of the plan. 
‘‘(3) APPROVAL.—(A) The Secretary shall re-
view each proposed plan and proposed amendment 
to a plan and approve or disapprove such plan or 
amendment based on whether the requirements of 
this section are sufficiently and appropriately ad-
dressed and the proposals are adequately justified in 
the plan or amendment. 
‘‘(B) If the proposed plan or amendment to the 
plan is not approved, the Secretary shall notify the 
affected railroad carrier as to the specific points in 
which the proposed plan or amendment to the plan 
is deficient, and the railroad carrier shall correct all
deficiencies within 30 days following receipt of writ-
ten notice from the Secretary. If a railroad carrier 
does not submit a plan (or, when directed by the 
Secretary, an amended plan), or if a railroad car-
rier’s amended plan is not approved by the Sec-
retary, the Secretary shall prescribe a fatigue man-
agement plan for the railroad carrier. 
‘‘(4) AMENDMENTS.—Each affected railroad 
carrier shall file any proposed amendment to its plan 
with the Secretary not later than 60 days prior to 
the proposed effective date of the amendment. 
‘‘(5) EMPLOYEE PARTICIPATION.—(A) Each af-
fected railroad carrier shall consult with, and employ 
good faith and use its best efforts to reach agree-
ment by consensus with, all of its directly affected 
employee groups on the contents of the fatigue man-
agement plan and amendments to the plan, and, ex-
cept as provided in subparagraph (C), shall jointly 
with such groups submit the plan and each amend-
ment to the plan to the Secretary. 
‘‘(B) In the event that labor organizations rep-
resent classes or crafts of directly affected employees 
of the railroad carrier, the railroad carrier shall con-
sult with these organizations in drafting the plan 
and amendments to the plan. The Secretary may