rule, standard, requirement, or practice adopted before the 
date on which the rule is issued by the Secretary, and unless 
the date on which the code, rule, standard, requirement, or 
practice was adopted is specifically cited in the rule.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter I of chapter 201 of title 49, United 
States Code, is amended by adding after the item relating 
to section 20115 the following new item: 
‘‘20116. Rulemaking process.’’. 
SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 
Section 20117(a) of title 49, United States Code, is 
amended to read as follows: 
‘‘(a) IN GENERAL.—(1) There are authorized to be ap-
propriated to the Secretary of Transportation to carry out 
this part and to carry out responsibilities under chapter 
51 as delegated or authorized by the Secretary— 
‘‘(A) $230,000,000 for fiscal year 2008; 
‘‘(B) $260,000,000 for fiscal year 2009; 
‘‘(C) $295,000,000 for fiscal year 2010; and 
‘‘(D) $335,000,000 for fiscal year 2011. 
‘‘(2) With amounts appropriated pursuant to para-
graph (1), the Secretary shall purchase 6 Gage Restraint 
Measurement System vehicles and 5 track geometry vehicles 
to enable the deployment of 1 Gage Restraint Measurement 
System vehicle and 1 track geometry vehicle in each region. 
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‘‘(3) There are authorized to be appropriated to the 
Secretary $18,000,000 for the period encompassing fiscal 
years 2008 through 2011 to design, develop, and construct 
the Facility for Underground Rail Station and Tunnel at 
the Transportation Technology Center in Pueblo, Colorado. 
The facility shall be used to test and evaluate the 
vulnerabilities of above-ground and underground rail tun-
nels to prevent accidents and incidents in such tunnels, to 
mitigate and remediate the consequences of any such acci-
dents or incidents, and to provide a realistic scenario for 
training emergency responders. 
‘‘(4) Such sums as may be necessary from the amount 
appropriated pursuant to paragraph (1) for each of the fis-
cal years 2008 through 2011 shall be made available to the 
Secretary for personnel in regional offices and in Wash-
ington, D.C., whose duties primarily involve rail security.’’. 
TITLE II—EMPLOYEE FATIGUE 
SEC. 201. HOURS OF SERVICE REFORM. 
(a) DEFINITIONS.—Section 21101(4) of title 49, 
United States Code, is amended by striking ‘‘employed by 
a railroad carrier’’. 
(b) LIMITATION ON DUTY HOURS OF SIGNAL EMPLOY-
EES.—Section 21104 of title 49, United States Code, is 
amended— 
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(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) GENERAL.—Except as provided in subsection (c) 
of this section, a railroad carrier and its officers and agents 
may not require or allow a signal employee, and a railroad 
contractor and its officers and agents may not require or 
allow a signal employee, to remain or go on duty— 
‘‘(1) unless that employee has had at least 10 
consecutive hours off duty during the prior 24 hours; 
‘‘(2) for a period in excess of 12 consecutive 
hours; or 
‘‘(3) unless that employee has had at least one 
period of at least 24 consecutive hours off duty in the 
past 7 consecutive days. 
The Secretary may waive paragraph (3) if a collective bar-
gaining agreement provides a different arrangement and 
such arrangement provides an equivalent level of safety.’’; 
(2) in subsection (b)(3) by striking ‘‘, except that 
up to one hour of that time spent returning from the 
final trouble call of a period of continuous or broken 
service is time off duty’’; 
(3) in subsection (c)— 
(A) by inserting ‘‘for not more than 3 days 
during a period of 7 consecutive days’’ after ‘‘24 
consecutive hours’’; and 
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(B) by adding at the end the following: ‘‘A 
signal employee may not be allowed to remain or 
go on duty under the emergency authority pro-
vided under this subsection to conduct routine 
repairs, routine maintenance, or routine inspec-
tion of signal systems.’’; 
(4) by adding at the end the following new sub-
sections: 
‘‘(d) COMMUNICATION DURING TIME OFF DUTY.— 
During a signal employee’s minimum off-duty period of 10 
consecutive hours, as provided under subsection (a), a rail-
road carrier, and its managers, supervisors, officers, and 
agents, shall not communicate with the signal employee by 
telephone, by pager, or in any other manner that could dis-
rupt the employee’s rest. Nothing in this subsection shall 
prohibit communication necessary to notify an employee of 
an emergency situation posing potential risks to the em-
ployee’s safety or health. 
‘‘(e) EXCLUSIVITY.—The hours of service, duty hours, 
and rest periods of signal employees shall be governed exclu-
sively by this chapter. Signal employees operating motor 
vehicles shall not be subject to any hours of service rules, 
duty hours, or rest period rules promulgated by any Federal 
authority, including the Federal Motor Carrier Safety Ad-
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ministration, other than the Federal Railroad Safety Ad-
ministration.’’. 
(c) LIMITATION ON DUTY HOURS OF TRAIN EMPLOY-
EES.—Section 21103 of title 49, United States Code, is 
amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) GENERAL.—Except as provided in subsection (c) 
of this section, a railroad carrier and its officers and agents 
may not require or allow a train employee to remain or 
go on duty— 
‘‘(1) unless that employee has had at least 10 
consecutive hours off duty during the prior 24 hours; 
‘‘(2) for a period in excess of 12 consecutive 
hours; or 
‘‘(3) unless that employee has had at least one 
period of at least 24 consecutive hours off duty in the 
past 7 consecutive days. 
The Secretary may waive paragraph (3) if a collective bar-
gaining agreement provides a different arrangement and 
such arrangement provides an equivalent level of safety.’’; 
(2) by amending subsection (b)(4) to read as fol-
lows: 
‘‘(4)(A)(i) Except as provided in clauses (ii) and 
(iii), time spent in deadhead transportation to a duty 
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assignment, time spent waiting for deadhead trans-
portation, and time spent in deadhead transportation 
from a duty assignment to a place of final release is 
time on duty. 
‘‘(ii) Time spent waiting for deadhead transpor-
tation and time spent in deadhead transportation 
from a duty assignment to a place of final release is 
neither time on duty nor time off duty in situations 
involving delays in the operations of the railroad car-
rier, when the delays were caused by any of the fol-
lowing: 
‘‘(I) A casualty. 
‘‘(II) An accident. 
‘‘(III) A track obstruction. 
‘‘(IV) An act of God. 
‘‘(V) A weather event causing a delay. 
‘‘(VI) A snowstorm. 
‘‘(VII) A landslide. 
‘‘(VIII) A track or bridge washout. 
‘‘(IX) A derailment. 
‘‘(X) A major equipment failure which pre-
vents a train from advancing. 
‘‘(XI) Other delay from a cause unknown or 
unforeseeable to a railroad carrier and its offi-
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cers and agents in charge of the employee when 
the employee left a designated terminal. 
‘‘(iii) In addition to any time qualifying as nei-
ther on duty nor off duty under clause (ii), at the 
election of the railroad carrier, time spent waiting for 
deadhead transportation and time spent in deadhead 
transportation to the place of final release may be 
treated as neither time on duty nor time off duty, 
subject to the following limitations: 
‘‘(I) Not more than 40 hours a month may 
be elected by the railroad carrier, for an em-
ployee, during the period from the date of enact-
ment of the Federal Railroad Safety Improve-
ment Act of 2007 to one year after such date of 
enactment. 
‘‘(II) Not more than 30 hours a month may 
be elected by the railroad carrier, for an em-
ployee, during the period beginning one year 
after the date of enactment of the Federal Rail-
road Safety Improvement Act of 2007 and end-
ing two years after such date of enactment. 
‘‘(III) Not more than 10 hours a month 
may be elected by the railroad carrier, for an 
employee, during the period beginning two years 
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after the date of enactment of the Federal Rail-
road Safety Improvement Act of 2007. 
‘‘(B) Each railroad carrier shall report to the 
Secretary of Transportation, in accordance with pro-
cedures contained in 49 CFR 228.19, each instance 
within 30 days after the calendar month in which the 
instance occurs that a member of a train or engine 
crew or other employee engaged in or connected with 
the movement of any train, including a hostler, ex-
ceeds 12 consecutive hours, including— 
‘‘(i) time on duty; and 
‘‘(ii) time spent waiting for deadhead trans-
portation and the time spent in deadhead trans-
portation from a duty assignment to the place of 
final release, that is not time on duty. 
‘‘(C) If— 
‘‘(i) the time spent waiting for deadhead 
transportation, and the time spent in deadhead 
transportation from a duty assignment to the 
place of final release, that is not time on duty; 
plus 
‘‘(ii) the time on duty, 
exceeds 12 consecutive hours, the railroad carrier and 
its officers and agents shall provide the train em-
ployee with additional time off duty equal to the 
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number of hours that such sum exceeds 12 hours.’’; 
and 
(3) by adding at the end the following new sub-
section: 
‘‘(d) COMMUNICATION DURING TIME OFF DUTY.— 
During a train employee’s minimum off-duty period of 10 
consecutive hours, as provided under subsection (a), or dur-
ing an interim period of at least 4 consecutive hours avail-
able for rest under subsection (b)(7), a railroad carrier, and 
its managers, supervisors, officers, and agents, shall not 
communicate with the train employee by telephone, by 
pager, or in any other manner that could disrupt the em-
ployee’s rest. Nothing in this subsection shall prohibit com-
munication necessary to notify an employee of an emer-
gency situation posing potential risks to the employee’s safe-
ty or health.’’. 
SEC. 202. EMPLOYEE SLEEPING QUARTERS. 
Section 21106 of title 49, United States Code, is 
amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A 
railroad carrier’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) CAMP CARS.—Effective 12 months after the date 
of enactment of this subsection, a railroad carrier and its 
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officers and agents may not provide sleeping quarters 
through the use of camp cars, as defined in Appendix C 
to part 228 of title 49 of the Code of Federal Regulations, 
for employees and any individuals employed to maintain 
the right of way of a railroad carrier.’’. 
SEC. 203. FATIGUE MANAGEMENT PLANS. 
(a) AMENDMENT.—Chapter 211 of title 49, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 21109. Fatigue management plans 
‘‘(a) PLAN SUBMISSION.— 
‘‘(1) REQUIREMENT.—Each railroad carrier 
shall submit to the Secretary of Transportation, and 
update at least once every 2 years, a fatigue manage-
ment plan that is designed to reduce the fatigue expe-
rienced by railroad employees and to reduce the likeli-
hood of accidents and injuries caused by fatigue. The 
plan shall address the safety effects of fatigue on all 
employees performing safety sensitive functions, in-
cluding 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 operations, whichever is 
later. 
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‘‘(2) CONTENTS OF PLAN.—The fatigue manage-
ment plan shall— 
‘‘(A) identify and prioritize all situations 
that pose a risk for safety that may be affected 
by fatigue; 
‘‘(B) include the railroad carrier’s— 
‘‘(i) rationale for including and not 
including each element described in sub-
section (b)(2) in the plan; 
‘‘(ii) analysis supporting each element 
included in the plan; and 
‘‘(iii) explanations for how each ele-
ment in the plan will reduce the risk associ-
ated with fatigue; 
‘‘(C) 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 
‘‘(D) 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 review 
each proposed plan and approve or disapprove such 
plan based on whether the requirements of this section 
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are sufficiently and appropriately addressed and the 
proposals are adequately justified in the plan. 
‘‘(B) If the proposed plan is not approved, the 
Secretary shall notify the affected railroad carrier as 
to the specific points in which the proposed plan is 
deficient, and the railroad carrier shall correct all de-
ficiencies within 30 days following receipt of written 
notice from the Secretary. If a railroad carrier does 
not submit a plan (or, when directed by the Sec-
retary, an amended plan), or if a railroad carrier’s 
amended plan is not approved by the Secretary, the 
Secretary shall prescribe a fatigue management plan 
for the railroad carrier. 
‘‘(4) EMPLOYEE PARTICIPATION.—(A) Each af-
fected railroad carrier shall consult with, and employ 
good faith and use its best efforts to reach agreement 
by consensus with, all of its directly affected employee 
groups on the contents of the fatigue management 
plan, and, except as provided in subparagraph (C), 
shall jointly with such groups submit 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. 
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The Secretary may provide technical assistance and 
guidance to such parties in the drafting of the plan. 
‘‘(C) If the railroad carrier and its directly af-
fected employees (including any labor organization 
representing a class or craft of directly affected em-
ployees of the railroad carrier) cannot reach con-
sensus on the proposed contents of the plan, then— 
‘‘(i) the railroad carrier shall file the plan 
with the Secretary; and 
‘‘(ii) directly affected employees and labor 
organizations representing a class or craft of di-
rectly affected employees may, at their option, 
file a statement with the Secretary explaining 
their views on the plan on which consensus was 
not reached. 
‘‘(b) ELEMENTS
OF
THE
FATIGUE
MANAGEMENT 
PLAN.— 
‘‘(1) 
CONSIDERATION
OF
VARYING
CIR-
CUMSTANCES.—Each plan filed with the Secretary 
under the procedures of subsection (a) shall take into 
account the varying circumstances of operations by 
the railroad carrier on different parts of its system, 
and shall prescribe appropriate fatigue counter-
measures to address those varying circumstances. 
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‘‘(2) ISSUES AFFECTING ALL EMPLOYEES PER-
FORMING SAFETY SENSITIVE FUNCTIONS.—The rail-
road carrier shall consider the need to include in its 
fatigue management plan elements addressing each of 
the following issues: 
‘‘(A) Education and training on the physio-
logical and human factors that affect fatigue, as 
well as strategies to counter fatigue, based on 
current and evolving scientific and medical re-
search and literature. 
‘‘(B) Opportunities for identification, diag-
nosis, and treatment of any medical condition 
that may affect alertness or fatigue, including 
sleep disorders. 
‘‘(C) Effects on employee fatigue of emer-
gency response involving both short-term emer-
gency situations, including derailments, and 
long-term emergency situations, including nat-
ural disasters. 
‘‘(D) Scheduling practices involving train 
lineups and calling times, including work/rest 
cycles for shift workers and on-call employees 
that permit employees to compensate for cumu-
lative sleep loss by guaranteeing a minimum 
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number of consecutive days off (exclusive of time 
off due to illness or injury). 
‘‘(E) Minimizing the incidence of fatigue 
that occurs as a result of working at times when 
the natural circadian rhythm increases fatigue. 
‘‘(F) Alertness strategies, such as policies on 
napping, to address acute sleepiness and fatigue 
while an employee is on duty. 
‘‘(G) Opportunities to obtain restful sleep at 
lodging facilities, including sleeping quarters 
provided by the railroad carrier. 
‘‘(H) In connection with the scheduling of a 
duty call, increasing the number of consecutive 
hours of rest off duty, during which an employee 
receives no communication from the employing 
railroad carrier or its managers, supervisors, of-
ficers, or agents. 
‘‘(I) Avoiding abrupt changes in rest cycles 
for employees returning to duty after an ex-
tended absence due to circumstances such as ill-
ness or injury. 
‘‘(J) Additional elements as the Secretary 
considers appropriate. 
‘‘(c) COMPLIANCE AND ENFORCEMENT.— 
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‘‘(1) 
COMPLIANCE
REQUIREMENT.—Effective 
upon approval or prescription of a fatigue manage-
ment plan, compliance with that fatigue management 
plan becomes mandatory and enforceable by the Sec-
retary. 
‘‘(2) EFFECTIVE DATE.—A fatigue management 
plan may include effective dates later than the date 
of approval of the plan, and may include different ef-
fective dates for different parts of the plan. 
‘‘(3) AUDITS.—To enforce this section, the Sec-
retary may conduct inspections and periodic audits 
of a railroad carrier’s compliance with its fatigue 
management plan. 
‘‘(d) DEFINITION.—For purposes of this section the 
term ‘directly affected employees’ means employees, includ-
ing employees of an independent contractor or subcon-
tractor, to whose hours of service the terms of a fatigue man-
agement plan specifically apply.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 211 of title 49, United States Code, is 
amended by adding at the end the following new item: 
‘‘21109. Fatigue management plans.’’. 
SEC. 204. REGULATORY AUTHORITY. 
(a) AMENDMENT.—Chapter 211 of title 49, United 
States Code, as amended by this Act, is further amended 
by adding at the end the following new section: 
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‘‘§ 21110. Regulatory authority 
‘‘The Secretary of Transportation may by regula-
tion— 
‘‘(1) reduce the maximum hours an employee 
may be required or allowed to go or remain on duty 
to a level less than the level established under this 
chapter, based on scientific and medical research; or 
‘‘(2) increase the minimum hours an employee 
may be required or allowed to rest to a level greater 
than the level established under this chapter, based on 
scientific and medical research.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 211 of title 49, United States Code, is 
amended by adding at the end the following new item: 
‘‘21110. Regulatory authority.’’. 
SEC. 205. CONFORMING AMENDMENT. 
Section 21303(c) of title 49, United States Code, is 
amended by striking ‘‘officers and agents’’ and inserting 
‘‘managers, supervisors, officers, and agents’’. 
TITLE III—PROTECTION OF 
EMPLOYEES AND WITNESSES 
SEC. 301. EMPLOYEE PROTECTIONS. 
Section 20109 of title 49, United States Code, is 
amended to read as follows: 
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‘‘§ 20109. Employee protections 
‘‘(a) PROTECTED ACTIONS.—A railroad carrier en-
gaged in interstate or foreign commerce, and an officer or 
employee of such a railroad carrier, shall not by threat, in-
timidation, or otherwise attempt to prevent an employee 
from, or discharge, discipline, or in any way discriminate 
against an employee for— 
‘‘(1) filing a complaint or bringing or causing to 
be brought a proceeding related to the enforcement of 
this part or, as applicable to railroad safety, chapter 
51 or 57 of this title; 
‘‘(2) testifying in a proceeding described in 
paragraph (1); 
‘‘(3) notifying, or attempting to notify, the rail-
road carrier or the Secretary of Transportation of a 
work-related personal injury or work-related illness of 
an employee; 
‘‘(4) cooperating with a safety investigation by 
the Secretary of Transportation or the National 
Transportation Safety Board; 
‘‘(5) furnishing information to the Secretary of 
Transportation, the National Transportation Safety 
Board, or any other public official as to the facts re-
lating to any accident or incident resulting in injury 
or death to an individual or damage to property oc-
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curring in connection with railroad transportation; 
or 
‘‘(6) accurately reporting hours of duty pursuant 
to chapter 211. 
‘‘(b) HAZARDOUS CONDITIONS.—(1) A railroad car-
rier engaged in interstate or foreign commerce, and an offi-
cer or employee of such a railroad carrier, shall not by 
threat, intimidation, or otherwise attempt to prevent an 
employee from, or discharge, discipline, or in any way dis-
criminate against an employee for— 
‘‘(A) reporting a hazardous condition; 
‘‘(B) refusing to work when confronted by a haz-
ardous condition related to the performance of the em-
ployee’s duties, if the conditions described in para-
graph (2) exist; or 
‘‘(C) refusing to authorize the use of any safety- 
related equipment, track, or structures, if the em-
ployee is responsible for the inspection or repair of the 
equipment, track, or structures, when the employee be-
lieves that the equipment, track, or structures are in 
a hazardous condition, if the conditions described in 
paragraph (2) exist. 
‘‘(2) A refusal is protected under paragraph (1)(B) 
and (C) if— 
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‘‘(A) the refusal is made in good faith and no 
reasonable alternative to the refusal is available to the 
employee; 
‘‘(B) the employee reasonably concludes that— 
‘‘(i) the hazardous condition presents an 
imminent danger of death or serious injury; and 
‘‘(ii) the urgency of the situation does not 
allow sufficient time to eliminate the danger 
without such refusal; and 
‘‘(C) the employee, where possible, has notified 
the carrier of the existence of the hazardous condition 
and the intention not to perform further work, or not 
to authorize the use of the hazardous equipment, 
track, or structures, unless the condition is corrected 
immediately or the equipment, track, or structures 
are repaired properly or replaced. 
‘‘(3) This subsection does not apply to security per-
sonnel employed by a railroad carrier to protect individuals 
and property transported by railroad. 
‘‘(c) ENFORCEMENT ACTION.— 
‘‘(1) IN GENERAL.—An employee who alleges dis-
charge or other discrimination by any person in vio-
lation of subsection (a) may seek relief in accordance 
with the provisions of this section, with any petition 
or other request for relief under this section to be ini-
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tiated by filing a complaint with the Secretary of 
Labor. 
‘‘(2) PROCEDURE.— 
‘‘(A) IN GENERAL.—An action under this 
section shall be governed under the rules and 
procedures set forth in section 42121(b). 
‘‘(B) EXCEPTION.—Notification made under 
section 42121(b)(1) shall be made to the person 
named in the complaint and to the person’s em-
ployer. 
‘‘(C) BURDENS
OF
PROOF.—An action 
brought under this section shall be governed by 
the legal burdens of proof set forth in section 
42121(b). 
‘‘(D) STATUTE OF LIMITATIONS.—An action 
under this section shall be commenced not later 
than 1 year after the date on which the violation 
occurs. 
‘‘(3) DE
NOVO
REVIEW.—If the Secretary of 
Labor has not issued a final decision within 180 days 
after the filing of the complaint (or, in the event that 
a final order or decision is issued by the Secretary of 
Labor, whether within the 180-day period or there-
after, then, not later than 90 days after such an order 
or decision is issued), the employee may bring an 
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original action at law or equity for de novo review 
in the appropriate district court of the United States, 
which shall have jurisdiction over such an action 
without regard to the amount in controversy, and 
which action shall, at the request of either party to 
such action, be tried by the court with a jury. 
‘‘(d) REMEDIES.— 
‘‘(1) IN GENERAL.—An employee prevailing in 
any action under this section shall be entitled to all 
relief necessary to make the covered individual whole. 
‘‘(2) DAMAGES.—Relief in an action under this 
section shall include— 
‘‘(A) reinstatement with the same seniority 
status that the covered individual would have 
had, but for the discrimination; 
‘‘(B) the amount of any back pay, with in-
terest; and 
‘‘(C) compensation for any special damages 
sustained as a result of the discrimination, in-
cluding litigation costs, expert witness fees, and 
reasonable attorney fees. 
‘‘(3) POSSIBLE RELIEF.—Relief may also include 
punitive damages in an amount not to exceed 10 
times the amount of any compensatory damages 
awarded under this section. 
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‘‘(e) CRIMINAL PENALTIES.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
railroad carrier to commit an act prohibited by sub-
section (a). Any person who willfully violates this sec-
tion by terminating or retaliating against any such 
covered individual who makes a claim under this sec-
tion shall be fined under title 18, United States Code, 
imprisoned not more than 1 year, or both. 
‘‘(2) REPORTING REQUIREMENT.— 
‘‘(A) IN GENERAL.—The Attorney General 
shall submit to the Committee on Transportation 
and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, 
and Transportation of the Senate an annual re-
port on the enforcement of paragraph (1). 
‘‘(B) CONTENTS.—Each such report shall— 
‘‘(i) identify each case in which formal 
charges under paragraph (1) were brought; 
‘‘(ii) describe the status or disposition 
of each such case; and 
‘‘(iii) in any actions under subsection 
(c)(1) in which the employee was the pre-
vailing party or the substantially pre-
vailing party, indicate whether or not any 
formal charges under paragraph (1) of this 
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