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(1) in paragraph (3) by inserting ‘‘a yardmaster 
employee,’’ after ‘‘dispatching service employee,’’; 
and 
(2) by adding at the end the following: 
‘‘(6) ‘yardmaster employee’ means an individual 
responsible for supervising and coordinating the con-
trol of trains and engines operating within a rail 
yard.’’. 
(c) CONFORMING AMENDMENT.—The analysis for 
chapter 211 of title 49, United States Code, is amended 
by striking the item relating to section 21103 and insert-
ing the following: 
‘‘21103. Limitations on duty hours of train employees and yardmaster employ-
ees.’’. 
SEC. 9509. LEAKING BRAKES. 
(a) IN GENERAL.—The Administrator of the Federal 
Railroad Administration shall take such actions as are 
necessary to prohibit the use of any service air brake con-
trol valve or emergency air brake control valve in any loca-
tion north of the 37th parallel during the period beginning 
on November 1 and ending on March 31 of any year if— 
(1) the period between the date on which the 
air brake control valve is in use and the date of the 
manufacture or recondition of such valve exceeds 15 
years; and 
(2) the air brake control valve is operated in— 
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(A) a unit train on or after August 1, 
2023; 
(B) a train transporting 1 or more mate-
rials poisonous by inhalation, as such term is 
defined in section 171.8 of title 49, Code of 
Federal Regulations, on or after August 1, 
2023; or 
(C) a non-unit train on or after August 1, 
2025. 
(b) REPORTS.—Not later than 1 year after the date 
of enactment of this Act, and every year thereafter until 
air brake control valves described in subsection (a) are no 
longer operating in trains as required under subpara-
graphs (A) and (B) of subsection (a)(1), the Adminis-
trator shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a report that identifies— 
(1) the estimated number of such air brake con-
trol valves in use on— 
(A) unit trains operating north of the 37th 
parallel between November 1 and March 31; 
and 
(B) trains transporting 1 or more material 
poisonous-by-inhalation operating north of the 
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37th parallel during the period beginning on 
November 1 and ending on March 31; 
(2) any issues affecting the industry’s progress 
toward ensuring that such air brake control valves 
are phased out in accordance with the requirements 
of subsection (a); and 
(3) efforts the Administrator has taken since 
the previous report to ensure such air brake control 
valves are phased out in accordance with the re-
quirements of subsection (a). 
(c) RULEMAKING.—If, after collecting data through 
a science-based methodology, the Administrator deter-
mines the prohibition under subsection (a) does not ensure 
a sufficient level of safety, the Administrator may propose 
alternative actions in a rulemaking addressing the air 
brake control valves subject to this section. 
SEC. 9510. REPORT ON PTC SYSTEM FAILURES. 
Section 20157 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(m) REPORT
OF SYSTEM FAILURES.—The Sec-
retary shall require railroad carriers and other entities 
subject to subsection (a) to regularly report to the Admin-
istrator failures of positive train control systems. The Sec-
retary shall prescribe the type of failure, format, interval, 
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and detail required for reports submitted under this sub-
section.’’. 
SEC. 9511. FATIGUE REDUCTION MANAGEMENT PLANS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue final regulations on fatigue management 
plans based on the notice of proposed rulemaking pub-
lished on December 22, 2020, titled ‘‘Fatigue Risk Man-
agement Programs for Certain Passenger and Freight 
Railroads’’ (85 Fed. Reg. 83484; Docket No. FRA–2015– 
0122). 
(b) MONITORING.— 
(1) FATIGUE AS CAUSE OR CONTRIBUTING FAC-
TOR.—If a Federal Railroad Administration railroad 
accident or incident investigation conducted under 
section 20902 of title 49, United States Code, iden-
tifies that fatigue was a casual or contributing factor 
to an accident or incident, the Secretary may reopen 
a fatigue management plan of a passenger railroad 
operation or a railroad subject to part 270 or part 
271, respectively, of title 49, Code of Federal Regu-
lations. 
(2) FATIGUE AS SYSTEMIC ISSUE.—If the Sec-
retary determines that fatigue is a systemic issue for 
a passenger railroad operation or railroad, the Sec-
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retary shall reopen a fatigue management plan of 
such passenger railroad operation or a railroad sub-
ject to part 270 or part 271, respectively, of title 49, 
Code of Federal Regulations. 
(3) REOPENING
OF
FATIGUE
MANAGEMENT 
PLAN.—If the Secretary reopens a fatigue manage-
ment plan under paragraph (1) or (2), the Secretary 
shall— 
(A) consider whether any statement filed 
under sections 270.208(e) and 271.207(e) of 
title 49, Code of Federal Regulations, addressed 
such plan; and 
(B) consult with employees, including labor 
organizations representing railroad employees, 
of the passenger railroad operation or railroad 
that has a reopened fatigue management plan. 
SEC. 9512. ASSAULT PREVENTION AND RESPONSE PLANS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20170. Assault prevention and response plans 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of enactment of the TRAIN Act, any entity that 
provides regularly scheduled intercity or commuter rail 
passenger transportation shall submit to the Secretary of 
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Transportation for review and approval an assault preven-
tion and response plan (in this section referred to as the 
‘Plan’) to address transportation assaults. 
‘‘(b) CONTENTS OF PLAN.—The Plan required under 
subsection (a) shall include— 
‘‘(1) procedures that— 
‘‘(A) facilitate the reporting of a transpor-
tation assault, including the notification of on- 
site personnel, rail law enforcement, and local 
law enforcement; 
‘‘(B) personnel should follow up on the re-
porting of a transportation assault, including 
actions to protect affected individuals from con-
tinued assault; 
‘‘(C) may be taken to remove the pas-
senger or personnel who has committed a trans-
portation assault from the train or related area 
or facility as soon as practicable when appro-
priate; 
‘‘(D) include protections and safe reporting 
practices for passengers who may have been as-
saulted by personnel; and 
‘‘(E) may limit or prohibit, to the extent 
practicable, future travel with the entity de-
scribed in subsection (a) by any passenger or 
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personnel who commits a transportation assault 
against personnel or passengers; 
‘‘(2) a policy that ensures an employee who is 
a victim or witness of a transportation assault may 
participate in the prosecution of a criminal offense 
of such assault without any adverse effect on the vic-
tim’s or witnesses’ employment status; and 
‘‘(3) a process and timeline for conducting an 
annual review and update of the Plan. 
‘‘(c) NOTICE TO PASSENGERS.—An entity described 
under subsection (a) shall display onboard trains and in 
boarding areas, as appropriate, a notice stating the enti-
ty’s abilities to restrict future travel under subsection 
(b)(1)(E). 
‘‘(d) PERSONNEL TRAINING.—An entity described 
under subsection (a) shall provide initial and annual train-
ing for all personnel on the contents of the Plan, including 
training regarding— 
‘‘(1) the procedures described in subsection (b); 
‘‘(2) methods for responding to hostile situa-
tions, including de-escalation training; and 
‘‘(3) rights and responsibilities of personnel 
with respect to a transportation assault on them-
selves, other personnel, or passengers. 
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‘‘(e) PERSONNEL PARTICIPATION.—The Plan re-
quired under subsection (a) shall be developed and imple-
mented with the direct participation of personnel, and, as 
applicable, labor organizations representing personnel. 
‘‘(f) REPORTING.— 
‘‘(1) INCIDENT NOTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 10 
days after a transportation assault incident, the 
applicable entity described in subsection (a) 
shall notify personnel employed at the location 
in which the incident occurred. In the case of 
an incident on a vehicle, such entity shall notify 
personnel regularly scheduled to carry out em-
ployment activities on the service route on 
which the incident occurred. 
‘‘(B) CONTENT OF INCIDENT REPORT.— 
The notification required under paragraph (1) 
shall— 
‘‘(i) include a summary of the inci-
dent; and 
‘‘(ii) be written in a manner that pro-
tects the confidentiality of individuals in-
volved in the incident. 
‘‘(2) ANNUAL
REPORT.—For each calendar 
year, each entity with respect to which a transpor-
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tation assault incident has been reported during 
such year shall submit to the Secretary a report that 
describes— 
‘‘(A) the number of assault incidents re-
ported to the entity, including— 
‘‘(i) the number of incidents com-
mitted against passengers; and 
‘‘(ii) the number of incidents com-
mitted against personnel; and 
‘‘(B) the number of assault incidents re-
ported to rail or local law enforcement by per-
sonnel of the entity. 
‘‘(3) PUBLICATION.—The Secretary shall make 
available to the public on the primary website of the 
Federal Railroad Administration the data collected 
under paragraph (2). 
‘‘(4) DATA PROTECTION.—Data made available 
under this subsection shall be made available in a 
manner that protects the confidentiality of individ-
uals involved in transportation assault incidents. 
‘‘(g) DEFINITION OF TRANSPORTATION ASSAULT.— 
In this section, the term ‘transportation assault’ means 
the occurrence, or reasonably suspected occurrence, of an 
act that— 
‘‘(1) constitutes assault; 
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‘‘(2) is committed by a passenger or member of 
personnel of an entity that provides regularly sched-
uled intercity or commuter rail passenger transpor-
tation against another passenger or member of per-
sonnel of such entity; and 
‘‘(3) takes place— 
‘‘(A) within a vehicle of such entity; or 
‘‘(B) in an area in which passengers are 
entering or exiting a vehicle described in sub-
paragraph (A); or 
‘‘(C) at a station or facility where such en-
tity operates, regardless of ownership of the 
station or facility.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
subchapter II of chapter 201 of title 49, United States 
Code, as amended by this division, is further amended by 
adding at the end the following: 
‘‘20170. Assault prevention and response plans.’’. 
SEC. 9513. CRITICAL INCIDENT STRESS PLANS. 
The Secretary of Transportation shall issue such reg-
ulations as are necessary to amend part 272 of title 49, 
Code of Federal Regulations, to ensure that— 
(1) the coverage of a critical incident stress 
plan under section 272.7 of such part includes di-
rectly involved employees of commuter railroads and 
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intercity passenger railroads, as such terms are de-
fined in section 272.9 of such part; and 
(2) assault and the witnessing of an assault 
against an employee or train passenger is included 
in the definition of critical incident under section 
272.9 of such part. 
SEC. 9514. CREWMEMBER CERTIFICATION AND QUALIFICA-
TION. 
(a) AUDIT OF PROGRAMS.— 
(1) IN
GENERAL.—Subchapter II of chapter 
201 of title 49, United States Code, as amended by 
this division, is further amended by adding at the 
end the following: 
‘‘§ 20171. Audit of qualification and certification pro-
grams 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the TRAIN Act, and not less fre-
quently than every 5 years thereafter, the Secretary shall 
conduct an audit of— 
‘‘(1) the qualification and certification program 
of locomotive engineers of each Class I railroad car-
rier subject to the requirements of part 240 of title 
49, Code of Federal Regulations; and 
‘‘(2) the qualification and certification program 
of conductors of each Class I railroad carrier subject 
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to the requirements of part 242 of title 49, Code of 
Federal Regulations. 
‘‘(b) CONTENTS
OF AUDIT.—In carrying out the 
audit required under subsection (a), the Secretary shall— 
‘‘(1) consider whether the training, qualifica-
tion, and continuing education components of the 
programs described in subsection (a) comply with 
regulations in parts 240 and 242 of title 49, Code 
of Federal Regulations; 
‘‘(2) assess the quality of the training that rail-
road carriers provide locomotive engineers and con-
ductors under such programs; 
‘‘(3) determine whether such programs provide 
locomotive engineers and conductors the knowledge, 
skill, and ability to safely operate the types of loco-
motives or trains a railroad carrier may require a lo-
comotive engineer and conductor to operate, includ-
ing all associated technology used on such loco-
motives or trains; 
‘‘(4) determine whether the training, qualifica-
tion, and continuing education components of such 
programs reflect the operating practices of the rail-
road carrier carrying out such components; 
‘‘(5) assess whether a railroad carrier con-
ducting such programs provides locomotive engineers 
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or conductors adequate at-controls training before 
certification; 
‘‘(6) assess how a railroad carrier uses a simu-
lator or other technology to train, familiarize, or 
provide recurrent training to a locomotive engineer 
or conductor, including how the use of a simulator 
or other such technology compares to international 
experience or practice; and 
‘‘(7) address any other safety issues the Sec-
retary determines appropriate for preparing loco-
motive engineers and conductors. 
‘‘(c) DEFICIENCY IN QUALIFICATION AND CERTIFI-
CATION PROGRAM.—If, in conducting the audit required 
under this section, the Secretary identifies a deficiency in 
a railroad carrier’s qualification and certification program 
of locomotive engineers or the qualification and certifi-
cation program of conductors, the Secretary shall require 
the railroad carrier to update such program to eliminate 
the deficiency. 
‘‘(d) CONSULTATION.—In conducting the audit re-
quired under this section, the Secretary shall consult with 
representatives of each railroad carrier and representa-
tives of the employees of the railroad carrier, including 
any nonprofit employee labor organization representing 
engineers or conductors of the railroad carrier. 
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‘‘(e) COOPERATION.— 
‘‘(1) IN GENERAL.—A railroad carrier and em-
ployees of the railroad carrier, including any non-
profit employee labor organization representing engi-
neers or conductors of the railroad carrier, shall co-
operate fully with the Secretary during an audit re-
quired under this section. 
‘‘(2) DOCUMENTS; INTERVIEWS.—A railroad 
carrier shall provide any documents requested by the 
Secretary or make available any employee for inter-
view with the Secretary without undue delay or ob-
struction. 
‘‘(f) REPORT TO CONGRESS.—Not later than 90 days 
after the date on which the Secretary completes an audit 
under subsection (a), the Secretary shall— 
‘‘(1) publish on the website of the Federal Rail-
road Administration a report that summarizes the 
results of the audit and any updates made in accord-
ance with subsection (c); and 
‘‘(2) notify of such report the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
‘‘(g) CIVIL PENALTY.—The Secretary is authorized 
to assess a civil penalty or to take other authorized en-
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forcement action, as appropriate, pursuant to chapter 213 
for a failure to comply with the requirements of this sec-
tion.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further 
amended by adding at the end the following: 
‘‘20171. Audit of qualification and certification programs.’’. 
(b) REVIEW OF REGULATIONS.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall determine whether any update to part 
240 or 242, of title 49, Code of Federal Regulations, 
is necessary to prepare locomotive engineers and 
conductors to safely operate trains. 
(2) REQUIREMENTS.—In making a determina-
tion under paragraph (1), the Secretary shall— 
(A) evaluate, taking into account the re-
quirements of section 20169 of title 49, United 
States Code, whether such parts establish Fed-
eral standards for railroad carriers to— 
(i) provide locomotive engineers and 
conductors the knowledge, skill and ability 
to safely operate trains under conditions 
that reflect industry practices; 
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(ii) adequately address locomotive en-
gineer and conductor situational aware-
ness; 
(iii) 
require 
adequate 
at-controls 
training before a locomotive engineer or 
conductor is certified; 
(iv) adequately prepare locomotive en-
gineers and conductors to understand all 
locomotive operating characteristics; 
(v) sufficiently require locomotive en-
gineers and conductors to demonstrate 
knowledge on the physical characteristics 
of a territory under various conditions and 
using various resources; and 
(vi) address any other safety issue the 
Secretary determines appropriate for bet-
ter preparing locomotive engineers and 
conductors; and 
(B) consider the results of the audit re-
quired by section 20171 of title 49, United 
States Code. 
(3) REPORT
TO
CONGRESS.—Not later than 
180 days after the date on which the Secretary sub-
mits the report required under section 20171(f) of 
title 49, United States Code, the Secretary shall 
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submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report that includes the find-
ings of the review required under paragraph (1) and 
a description of any action the Secretary intends to 
take to improve, or increase the effectiveness of the 
requirements of, part 240 or 242 of title 49, Code 
of Federal Regulations. 
(4) RULEMAKING.—If the Secretary determines 
under paragraph (1) that any update to part 240 or 
242 is necessary to prepare locomotive engineers or 
conductors to safely operate locomotives or trains, 
the Secretary shall issue a rulemaking to carry out 
such update. 
(5) APPLICATION OF LAW.—Any action the Sec-
retary takes as a result of a determination made 
under paragraph (1) shall be consistent with section 
20169 of title 49, United States Code. 
(6) DEFINITION
OF
RAILROAD
CARRIER.—In 
this subsection, the term ‘‘railroad carrier’’ has the 
meaning given such term in section 20102 of title 
49, United States Code. 
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SEC. 9515. SAFETY MANAGEMENT TEAM COMMUNICATION. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20172. Safety management team communication 
‘‘The Administrator of the Federal Railroad Adminis-
tration shall implement a process for the communication 
of information between safety management teams of the 
Administration and railroad employees, including any non-
profit employee labor organization representing railroad 
employees. Such process shall include a reasonable time-
frame for a safety management team to respond to com-
munication from such railroad employees.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
as amended by this division, is further amended by adding 
at the end the following: 
‘‘20172. Safety management team communication.’’. 
SEC. 9516. GAO STUDY ON REORGANIZATION OF OFFICE OF 
RAILROAD SAFETY. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study comparing the Office of Rail-
road Safety of the Federal Railroad Administration before 
and after the reorganization of such Office that took effect 
on June 8, 2020. 
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(b) CONTENTS.—The study conducted under sub-
section (a) shall evaluate— 
(1) the differences in the structure of the Office 
before and after such reorganization; 
(2) any differences in the communication be-
tween the Office and railroad carriers and the em-
ployees of railroad carriers before and after such re-
organization; 
(3) any differences in the communication be-
tween Federal Railroad Administration safety in-
spectors and other specialists before and after such 
reorganization, and the impacts of such differences; 
(4) whether the structure before or after such 
reorganization better protects against regulatory 
capture; 
(5) whether the structure before or after such 
reorganization is better at promoting and ensuring 
safety; 
(6) whether the structure before or after such 
reorganization more closely resembles the structure 
of other Department of Transportation modal agen-
cies that have enforcement authority similar to the 
Federal Railroad Administration; and 
(7) any other issues the Comptroller General 
determines are relevant. 
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(c) INFORMATION COLLECTION.—In conducting the 
study required under this section, the Comptroller General 
shall collect information from the following entities: 
(1) The Federal Railroad Administration. 
(2) Freight rail carriers and passenger rail car-
riers. 
(3) Employees of freight rail carriers and pas-
senger rail carriers. 
(4) Other entities the Comptroller General de-
termines are relevant. 
(d) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall 
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report that includes the findings of the study 
conducted under subsection (a) and any recommendations 
for improving safety and communication within the Office 
of Railroad Safety or between the Office of Railroad Safe-
ty and the entities identified in paragraphs (2) and (3) 
of subsection (c). 
SEC. 9517. OPEN-TOP RAIL CAR PUBLIC INPUT. 
Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Federal Railroad Ad-
ministration shall initiate a public process to seek input 
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on addressing safety risks, spills, emissions, odors, and 
other public nuisances associated with top loading rail 
cars, open-top hoppers, and gondolas, including evaluating 
the feasibility of a requirement that such rail cars be cov-
ered while in transportation, including while being held, 
delayed, or transferred. 
SEC. 9518. NEW PASSENGER SERVICE PRE-REVENUE SAFE-
TY VALIDATION PLAN. 
(a) IN GENERAL.—Subchapter I of chapter 201 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 20122. New passenger service pre-revenue safety 
validation plan 
‘‘(a) SAFETY VALIDATION PLAN.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall require a covered entity to submit to the 
Secretary a safety validation plan to ensure the safe 
operation of— 
‘‘(A) a new intercity rail passenger trans-
portation or commuter rail passenger transpor-
tation service; 
‘‘(B) an intercity rail passenger transpor-
tation or commuter rail passenger transpor-
tation route that has not been in revenue serv-
ice for a period of more than 180 days; or 
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‘‘(C) an extension of an existing intercity 
rail passenger transportation or commuter rail 
passenger transportation route. 
‘‘(2) SUBMISSION.—A covered entity shall sub-
mit a safety validation plan required under para-
graph (1) not later than 30 days before the date on 
which such entity begins revenue service of a service 
or route described in paragraph (1). 
‘‘(b) REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after the date of enactment of the TRAIN Act, the 
Secretary shall establish the requirements of the 
safety validation plan described under subsection 
(a), including adequate training of all relevant per-
sonnel and a minimum period of simulated service to 
ensure operational readiness. 
‘‘(2) PROHIBITION OF SERVICE.—The Secretary 
shall prohibit a covered entity from beginning a serv-
ice described in subsection (a)(1) until the entity is 
in full compliance with the safety validation plan re-
quired by such subsection. 
‘‘(c) AMENDMENT TO SAFETY VALIDATION PLAN.— 
‘‘(1) IN GENERAL.—The Secretary shall require 
a covered entity to submit to the Secretary for re-
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SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED 
CROSSING MATTERS. 
Section 20152 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (C) by striking 
‘‘or’’ at the end; 
(ii) by redesignating subparagraph 
(D) as subparagraph (E); and 
(iii) by inserting the following after 
subparagraph (C): 
‘‘(D) blocked crossing incident, as defined 
in section 20173; or’’; 
(B) in paragraph (4)— 
(i) by striking ‘‘paragraph (1)(C) or 
(D)’’ and inserting ‘‘subparagraph (C), 
(D), or (E) of paragraph (1)’’; and 
(ii) by striking ‘‘and’’ at the end; 
(C) in paragraph (5) by striking the period 
at the end and inserting a semicolon ; and 
(D) by adding at the end the following: 
‘‘(6) upon receiving a report of a blocked cross-
ing pursuant to paragraph (1)(D), the railroad car-
rier shall, within 14 days of receipt of the report— 
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ctelli on DSK11ZRN23PROD with BILLS