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cle driving record of each individual seeking
certification, including—
‘‘(i) any denial, cancellation, revoca-
tion, or suspension of a motor vehicle oper-
ator’s license by a State for cause within
the prior 5 years; and
‘‘(ii) any conviction within the prior 5
years of an offense described in section
30304(a)(3)(A) or (B) of this title;
‘‘(B) may require, based on the individ-
ual’s driving record, disqualification or the
granting of a certificate conditioned on require-
ments the Administrator prescribes; and
‘‘(C) shall require an individual seeking
certification—
‘‘(i) to request the chief driver licens-
ing official of each State in which the indi-
vidual has held a motor vehicle operator’s
license within the prior 5 years to provide
information about the individual’s driving
record to the individual’s employer, pro-
spective employer, or the Administrator, as
the Administrator requires; and
‘‘(ii) to make the request provided for
in section 30305(b)(4) of this title for in-
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formation to be sent to the individual’s em-
ployer, prospective employer, or the Ad-
ministrator, as the Administrator requires.
‘‘(2) WAIVERS.—(A) The Administrator shall
prescribe standards and establish procedures for
waiving paragraph (1)(A) for an individual or class
of individuals who the Administrator decides are not
currently unfit to operate a locomotive. However, the
Administrator may waive paragraph (1)(A) for an
individual or class of individuals with a conviction,
cancellation, revocation, or suspension described in
subparagraph (B)(i) or (ii) only if the individual or
class, after the conviction, cancellation, revocation,
or suspension, successfully completes a rehabilitation
program established by a railroad carrier or ap-
proved by the Administrator.
‘‘(B) If an individual, after the conviction, can-
cellation, revocation, or suspension, successfully com-
pletes a rehabilitation program established by a rail-
road carrier or approved by the Administrator, the
individual may not be denied a certificate under
paragraph (1)(A) because of—
‘‘(i) a conviction for operating a motor ve-
hicle when under the influence of, or impaired
by, alcohol or a controlled substance; or
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‘‘(ii) the cancellation, revocation, or sus-
pension of the individual’s motor vehicle opera-
tor’s license for operating a motor vehicle when
under the influence of, or impaired by, alcohol
or a controlled substance.
‘‘(3) OPPORTUNITY TO EXAMINE AND COMMENT
ON INFORMATION.—The Administrator, employer, or
prospective employer, as appropriate, shall make in-
formation obtained under paragraph (1)(C) available
to the individual. The individual shall be given an
opportunity to comment in writing about the infor-
mation. Any comment shall be included in any
record or file maintained by the Administrator, em-
ployer, or prospective employer that contains infor-
mation to which the comment is related.
‘‘(d) DELEGATION.—
‘‘(1) IN GENERAL.—Subject to any regulations,
supervision, and review the Administrator may pre-
scribe, the Administrator may delegate, to a quali-
fied private person or an employee under the super-
vision of that person, a matter related to—
‘‘(A) the examination, testing, and inspec-
tion necessary to issue a certificate under this
section; and
‘‘(B) issuing the certificate.
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‘‘(2) RESCISSION.—The Administrator may re-
scind a delegation under this section at any time for
any reason the Administrator considers appropriate.
‘‘(3) RECONSIDERATION.—A person affected by
an action of a person to whom responsibilities have
been delegated under this subsection may apply for
reconsideration of the action by the Administrator,
and, on the Administrator’s own initiative, the Ad-
ministrator may reconsider the action of such a per-
son at any time. If the Administrator decides on re-
consideration that the action is unreasonable or un-
warranted, the Administrator shall change, modify,
or reverse the action. If the Administrator decides
that the action is warranted, the Administrator shall
affirm the action.
‘‘(e) SUSPENSION OR REVOCATION.—
‘‘(1) AUTHORITY.—The Administrator may re-
view the certification of any employee holding a cer-
tificate under this section. The Administrator may
suspend or revoke a certificate issued under this sec-
tion if—
‘‘(A) the employee, in the course of rail-
road employment, has engaged in or authorized
a practice that endangers human life, including
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authorizing the use of unsafe equipment or
track; or
‘‘(B) the Administrator decides after re-
viewing the actions or qualifications of the em-
ployee that railroad safety and the public inter-
est require such a suspension or revocation.
The length of a suspension shall be at the discretion
of the Administrator. In determining the length of a
suspension, the Administrator shall take into ac-
count the seriousness of the unsafe practice and the
employee’s past safety record.
‘‘(2) PROCEDURES.—Before acting to suspend
or revoke a certificate, the Administrator shall ad-
vise the holder of the certificate of the charges or
other reasons on which the Administrator relies for
the proposed action. Except in an emergency, the
Administrator shall provide the holder of the certifi-
cate with an opportunity to answer the charges and
to be heard on why the certificate should not be sus-
pended or revoked. Except as provided in paragraph
(3), the action of the Administrator suspending or
revoking a certificate shall be stayed pending the
outcome of an appeal under subsection (f).
‘‘(3) EMERGENCIES.—If the Administrator de-
termines that an emergency exists and that railroad
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safety requires that a suspension or revocation be ef-
fective immediately, then the Administrator’s action
shall be effective immediately.
‘‘(f) APPEALS.—The Administrator shall establish an
appropriate procedure through which a person adversely
affected by—
‘‘(1) an action denying a certificate under this
section; or
‘‘(2) an order suspending or revoking a certifi-
cate under subsection (e),
may appeal such action or order. If a finding is made
under that appeals procedure, after notice and an oppor-
tunity for a hearing, that railroad safety and the public
interest do not require affirmation of the original action
or order, the Administrator shall amend, modify, or re-
verse that action or order.
‘‘(g) CERTIFICATION OF SAFETY.—
‘‘(1) BY A CARMAN.—(A) No locomotive, rail-
road car, or train shall depart its initial terminal
until it has been inspected and its safety has been
certified in writing by a carman certificated under
this section.
‘‘(B) No locomotive, railroad car, or train shall
be used or operated after it has been repaired or re-
ported to have a defect potentially affecting safety