I
105TH CONGRESS
2D SESSION
H. R. 3805
To authorize activities under the Federal railroad safety laws for fiscal years
1999 through 2002, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 7, 1998
Mr. SHUSTER (for himself, Mr. OBERSTAR, Mr. FRANKS of New Jersey, and
Mr. WISE) (all by request) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure
A BILL
To authorize activities under the Federal railroad safety laws
for fiscal years 1999 through 2002, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Railroad Safe-
ty Authorization Act of 1998’’.
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) Consistent with the purposes of the Govern-
ment Performance and Results Act of 1993, the
Federal Railroad Administration has reshaped the
regulatory and compliance components of the Fed-
eral railroad safety program to ensure that the en-
tire program is squarely focused on achieving de-
monstrable results, i.e., reducing the number of
deaths and injuries associated with railroading in
the United States. The foundation of the program is
its emphasis on inclusion of all interested parties—
railroad employees and labor unions, railroad man-
agement, manufacturers, State government groups,
and public associations—in identifying safety prob-
lems and implementing solutions. This emphasis on
safety partnership has helped begin a transformation
of the safety culture of the Nation’s railroads that
is producing safety and business benefits.
(2) The Safety Assurance and Compliance Pro-
gram is an approach to safety that emphasizes the
active partnership of the Federal Railroad Adminis-
tration, rail labor representatives, and railroad man-
agement in identifying current safety problems and
jointly developing effective solutions to those prob-
lems. One fundamental principle of this approach is
tracing a safety problem to its root cause and at-
tacking that cause rather than only its symptoms.
Where a problem is determined to be system-wide,
this approach calls for a system-wide solution.
Under this approach, the Federal Railroad Adminis-
tration seeks to focus its inspection and enforcement
resources on the most serious safety problems. This
approach has demonstrated significant capacity for
identifying and eliminating the root cause of system-
wide safety problems by enlisting those most directly
affected by such problems railroad employees and
managers in a partnership effort. Used together with
the Federal Railroad Administration’s regular in-
spections and enforcement tools, this approach pro-
vides a firm basis for addressing the safety chal-
lenges facing the changing railroad industry and ad-
vancing toward the safety program’s ultimate goal of
zero tolerance for any safety hazard in the railroad
industry.
(3) The Railroad Safety Advisory Committee,
which was established under the Federal Advisory
Committee Act (5 U.S.C. App. 2), is proving to be
an effective means of involving interested members
of the railroad community in the development of
railroad safety rules issued by the Federal Railroad
Administration. The Congress strongly encourages
the continued use of this collaborative method of de-
veloping safety regulations, which is more likely to
produce rules that are based on an industry consen-
sus and, accordingly, more readily understood and
more consistently complied with, than rules produced
under more traditional methods.
SEC. 3. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or a repeal of, a section or other
provision, the reference shall be considered to be made to
a section or other provision of title 49, United States
Code.
SEC. 4. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Amendment of title 49, United States Code.
Sec. 4. Table of contents.
TITLE I—HOURS OF SERVICE
Sec. 101. Definitions.
Sec. 102. Limitations on duty hours of train employees.
Sec. 103. Limitations on duty hours of signal employees.
Sec. 104. Limitations on duty hours of dispatching service employees.
Sec. 105. Conforming amendments regarding hours of service violations.
Sec. 106. Fatigue management plans.
Sec. 107. Electronic recordkeeping.
TITLE II—MONITORING OF RAILROAD RADIO COMMUNICATIONS
Sec. 201. Enhanced inspection and investigation authority under the Federal
railroad safety laws.
Sec. 202. Exception to chapter 119, title 18, United States Code.
TITLE III—RULEMAKING AUTHORITY
Sec. 301. Railroad accident and incident reporting.
Sec. 302. High-speed rail noise regulation.
TITLE IV—PROTECTION OF EMPLOYEES AND WITNESSES
Sec. 401. Expansion of employee protections.
Sec. 402. Interfering with or hampering major investigations.
period in question, require or allow a dually employed
train employee to remain or go on duty, nor may a dually
employed train employee remain or go on duty—
‘‘(A) unless that employee has had at least 8
consecutive hours off duty during the prior 24
hours; or
‘‘(B) after that employee has been on duty for
12 consecutive hours, until that employee has had at
least 10 consecutive hours off duty.’’.
(b) Section 21103(b) is amended—
(1) in paragraph (3), by striking ‘‘the railroad
carrier’’ and substituting ‘‘a railroad carrier or inde-
pendent contractor to a railroad carrier’’; and
(2) by inserting the following new paragraph at
the end:
‘‘(8) All time on duty for any railroad carrier
or independent contractor to a railroad carrier shall
be included.’’.
(c) Section 21103 is amended by adding the following
at the end:
‘‘(d) NOTICE ABOUT DUAL EMPLOYMENT.—(1) Not
later than January 31 each year, a railroad carrier shall
inform each of its train employees in writing—
‘‘(A) that all time spent performing aggregate
duty on one or more railroad carriers or one or more
independent contractors to a railroad carrier counts
towards the limitations on duty hours of this section;
and
‘‘(B) about the employee’s responsibility under
this subsection to notify each employer when the em-
ployee enters into a multi-employer relationship.
‘‘(2) A dually employed train employee shall inform
each of his or her railroad carrier and independent con-
tractor employers in writing within 5 days of establishing
a multi-employer relationship.
‘‘(3) A railroad carrier or independent contractor re-
ceiving written notification of dual employment shall re-
tain one copy of the notification for a period of two years
at its system and division headquarters, and shall make
the record available to representatives of the Secretary for
inspection and copying during normal business hours.’’.
SEC. 103. LIMITATIONS ON DUTY HOURS OF SIGNAL EM-
PLOYEES.
(a) Section 21104(a)(2) is amended by—
(1) striking ‘‘officers’’ and substituting ‘‘man-
agers, supervisors, officers,’’;
(2) redesignating the text of the paragraph as
subparagraph (A) of the paragraph, and redesignat-
ing subparagraphs (A), (B), and (C) as clauses (i),
(ii), and (iii), respectively, of the subparagraph; and
(3) inserting the following at the end:
‘‘(B) Except as provided in subsection (c) of
this section, a railroad carrier and its managers, su-
pervisors, officers, and agents may not, if the rail-
road carrier has actual knowledge that a signal em-
ployee is dually employed and actual knowledge of
the individual’s schedule for the time period in ques-
tion, require or allow a dually employed signal em-
ployee to remain or go on duty, nor may a dually
employed signal employee remain or go on duty—
‘‘(i) unless that employee has had at least
8 consecutive hours off duty during the prior
24 hours;
‘‘(ii) after that employee has been on duty
for 12 consecutive hours, until that employee
has had at least 10 consecutive hours off duty;
or
‘‘(iii) after that employee has been on duty
a total of 12 hours during a 24-hour period, or
after the end of that 24-hour period, whichever
occurs first, until that employee has had at
least 8 consecutive hours off duty.’’.
(b) Section 21104(b) is amended—
(1) in paragraph (2), by striking ‘‘the railroad
carrier’’ and substituting ‘‘a railroad carrier or inde-
pendent contractor to a railroad carrier’’;
(2) in paragraph (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’’; and
(3) by inserting the following new paragraph at
the end:
‘‘(8) All time on duty for any railroad carrier
or independent contractor to a railroad carrier shall
be included.’’.
(c) Section 21104 is amended by adding the following
at the end:
‘‘(d) NOTICE ABOUT DUAL EMPLOYMENT.—(1) Not
later than January 31 each year, a railroad carrier shall
inform each of its signal employees in writing—
‘‘(A) that all time spent performing aggregate
duty on one or more railroad carriers or one or more
independent contractors to a railroad carrier counts
towards the limitations on duty hours of this section;
and
‘‘(B) about the employee’s responsibility under
this subsection to notify each employer when the em-
ployee enters into a multi-employer relationship.
‘‘(2) A dually employed signal employee shall inform
each of his or her railroad carrier and independent con-
tractor employers in writing within 5 days of establishing
a multi-employer relationship.
‘‘(3) A railroad carrier or independent contractor re-
ceiving written notification of dual employment shall re-
tain one copy of the notification for a period of two years
at its system and division headquarters, and shall make
the record available to representatives of the Secretary for
inspection and copying during normal business hours.’’.
SEC. 104. LIMITATIONS ON DUTY HOURS OF DISPATCHING
SERVICE EMPLOYEES.
(a) Section 21105(b) is amended by—
(1) striking ‘‘or allowed’’ and substituting ‘‘or
allowed by a railroad carrier or its managers, super-
visors, officers, and agents’’;
(2) redesignating the text of the subsection as
paragraph (1) of the subsection, and redesignating
paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively, of the paragraph; and
(3) inserting the following at the end:
‘‘(2) Except as provided in subsection (d) of this sec-
tion, a railroad carrier and its managers, supervisors, offi-
cers, and agents may not, if the railroad carrier has actual
knowledge that a dispatching service employee is dually
employed and actual knowledge of the individual’s sched-
ule for the time period in question, require or allow a du-
ally employed dispatching service employee to remain or
go on duty, nor may a dually employed dispatching service
employee remain or go on duty, for more than—
‘‘(A) a total of 9 hours during a 24-hour period
in a tower, office, station, or place at which at least
2 shifts are employed; or
‘‘(B) a total of 12 hours during a 24-hour pe-
riod in a tower, office, station, or place at which only
one shift is employed.’’.
(b) Section 21105(c) is amended to read as follows:
‘‘(c) DETERMINING TIME ON DUTY.—In determining
under subsection (b) of this section the time a dispatching
service employee is on or off duty, the following rules
apply:
‘‘(1) Time spent performing any other service
for one or more railroad carriers or independent con-
tractors to railroad carriers (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.
‘‘(2) If during a 24-hour period an employee
performs the duties of a dispatching service em-
ployee for more than one railroad carrier or inde-
pendent contractor to a railroad carrier, and at least
one of those tours of duty is in a tower, office, sta-
tion, or other place at which at least two shifts are
employed, then the duty limits of subsection (b)(1)
of this section apply.
‘‘(3) All time on duty by the employee for any
railroad carrier or independent contractor to a rail-
road carrier shall be included.’’.
(c) Section 21105 is amended by adding the following
at the end:
‘‘(e) NOTICE ABOUT DUAL EMPLOYMENT.—(1) Not
later than January 31 each year, a railroad carrier shall
inform each of its dispatching service employees in writ-
ing—
‘‘(A) that all time spent performing aggregate
duty on one or more railroad carriers or one or more
independent contractors to a railroad carrier counts
towards the limitations on duty hours of this section;
and
‘‘(B) about the employee’s responsibility under
this subsection to notify each employer when the em-
ployee enters into a multi-employer relationship.
‘‘(2) A dually employed dispatching service employee
shall inform each of his or her railroad carrier and inde-
pendent contractor employers in writing within 5 days of
establishing a multi-employer relationship.
‘‘(3) A railroad carrier or independent contractor re-
ceiving written notification of dual employment shall re-
tain one copy of the notification for a period of two years
at its system and division headquarters, and shall make
the record available to representatives of the Secretary for
inspection and copying during normal business hours.’’.
SEC. 105. CONFORMING AMENDMENTS REGARDING HOURS
OF SERVICE VIOLATIONS.
(a) Section 21106 is amended by striking ‘‘officers
and agents’’ and substituting ‘‘managers, supervisors, offi-
cers, agents, and independent contractors’’.
(b) Section 21303(a)(1) is amended by striking ‘‘or
violating any provision of a waiver applicable to that per-
son that has been granted under section 21108 of this
title, is liable to the United States Government for a civil
penalty’’ and substituting ‘‘any provision of a waiver appli-
cable to that person that has been granted under section
21108 or 21109 of this title, or any provision of a regula-
tion issued under section 21109 of this title, is liable to
the United States Government for a civil penalty’’.
(c) Section 21303(c) is amended by striking ‘‘officers
and agents’’ and substituting ‘‘managers, supervisors, offi-
cers, agents, and independent contractors’’.
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) Each Class I and Class
II railroad carrier, each railroad carrier providing intercity
rail passenger service, and each railroad carrier providing
commuter passenger service, shall submit to the Secretary
of Transportation a fatigue management plan that is de-
signed to reduce the fatigue experienced by railroad em-
ployees covered by the hours of service laws and to reduce
the likelihood of accidents and injuries caused by fatigue.
The plan shall be submitted not more than 1 year after
enactment of this section, or not less than 45 days prior
to commencing operations, whichever is later.
‘‘(2) The fatigue management plan shall—
‘‘(A) include a summary of each railroad car-
rier’s analysis supporting each plan element;
‘‘(B) describe how every condition on the rail-
road carrier’s property that is likely to be affected
by fatigue is addressed in the plan; and
‘‘(C) include the name, title, address, and tele-
phone number of the primary person to be contacted
with regard to review of the plan.
‘‘(3)(A) The Secretary is authorized to review each
proposed plan and proposed amendment to a plan to de-
termine whether the elements prescribed in subsection (b)
of this section are sufficiently and rationally addressed
and discussed in the railroad’s plan submission or pro-
posed amendment to the plan.
‘‘(B) If the proposed plan or amendment to the plan
is reviewed and 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 defi-
cient, and the carrier shall correct all deficiencies within
30 days following receipt of written notice from the Sec-
retary.
‘‘(C) To carry out this section, the Secretary may
conduct periodic audits of a plan to determine compliance.
‘‘(4) Each affected railroad carrier shall file any pro-
posed amendment to its plan with the Secretary not less
than 60 days prior to the proposed effective date of the
amendment.
‘‘(5)(A) Each affected railroad carrier shall employ
good faith and use its best efforts to reach agreement by
consensus with all of its directly affected covered service
employee groups on the contents of the fatigue manage-
ment plan and amendments to the plan, and jointly submit
the plan and each amendment to the plan to the Secretary.
‘‘(B) In the event that labor organizations represent
classes or crafts of directly affected covered service em-
ployees of the railroad carrier, the railroad carrier shall
consult with these organizations in drafting the plan and
amendments to the plan. The Secretary shall be author-
ized to provide assistance to the parties involved in a nego-
tiation.
‘‘(C) If the railroad carrier and its employees (includ-
ing any labor organization representing a class or craft
of directly affected covered service employees of the rail-
road carrier) cannot reach consensus on the proposed con-
tents of the plan or an amendment to the plan, then—
‘‘(i) the railroad carrier shall file the plan or
amendment with the Secretary; and
‘‘(ii) directly affected covered service employees
and labor organizations representing a class or craft
of directly affected covered service employees may,
at their option, file a statement with the Secretary
explaining their views on the plan or amendment on
which consensus was not reached.
‘‘(6) During the first two years after enactment of
this section, compliance with a fatigue management plan
approved by the Secretary not requiring a waiver of a pro-
vision of law is not required. However, compliance with
a plan approved by the Secretary involving waiver of one
or more statutory provisions under subsection (c) of this
section is mandatory. No plan involving a waiver shall be
implemented unless approved by the Secretary.
‘‘(7) Effective two years after the date of enactment
of this section:
‘‘(A) Compliance with a fatigue management
plan and amendments becomes mandatory and en-
forceable by the Secretary. No plan or amendment
involving a waiver shall be implemented unless ap-
proved by the Secretary.
‘‘(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.
‘‘(8) The Secretary may require resubmission or revi-
sion of a fatigue management plan at any time.
‘‘(b) ELEMENTS
OF
THE FATIGUE MANAGEMENT
PLAN.—(1) Each plan filed with the Secretary under the
procedures of subsection (a) of this section shall take into
account the varying circumstances of operations by the
railroad carrier on different parts of its system, and shall
prescribe appropriate fatigue countermeasures to address
those varying circumstances.
‘‘(2) With respect to all employees, whether working
in scheduled or nonscheduled service, the plan shall ad-
dress the following issues:
‘‘(A) Education and training on the physio-
logical and psychological factors that affect fatigue,
as well as strategies to counter fatigue, based on
current and evolving scientific and medical research
and literature.
‘‘(B) Opportunities for identification, diagnosis,
and 
treatment 
of 
sleep 
disorders, 
including:
screenings as part of required physical examinations;
questionnaires to identify employees at risk; home
screening of employees; and results assessed by phy-
sicians with a specialization in sleep disorders.
‘‘(C) Effects on employee fatigue of emergency
response involving both short-term emergency situa-
tions, including derailments, and long-term emer-
gency situations, including natural disasters.
‘‘(D) Scheduling practices involving train line-
ups and calling times, including work/rest cycles for
shift workers and on-call employees that permit em-
ployees to compensate for cumulative sleep loss by
guaranteeing a minimum number of consecutive
days off (exclusive of time off due to illness or in-
jury).
‘‘(E) Minimizing the scheduling of a nighttime
split shift.
‘‘(F) An analysis demonstrating that staffing
levels and workloads were considered when the plan
was formulated.
‘‘(G) Alertness strategies, such as policies on
napping, to address acute sleepiness and fatigue
while an employee is on duty.
‘‘(H) Opportunities to obtain restful sleep at
lodging facilities, including sleeping quarters pro-
vided by the railroad carrier.
‘‘(3) With respect only to employees working in non-
scheduled service, the plan shall address the following
areas:
‘‘(A) Increasing the number of consecutive
hours of undisturbed rest to an employee in connec-
tion with the scheduling of a duty call.
‘‘(B) Lengthening the notice provided to an em-
ployee of the time to report for duty, to afford great-
er scheduling predictability.
‘‘(C) Work/rest cycles that guarantee a greater
minimum number of consecutive days off than is af-
forded to employees working in scheduled service
(exclusive of time off due to illness or injury).
‘‘(D) Avoiding abrupt changes in rest cycles for
employees returning to duty after an extended ab-
sence due to circumstances including illness, injury,
or vacation.
‘‘(E) Ways to minimize the amount of time that
employees spend awaiting the arrival of deadhead
transportation to their points of final release, and to
mitigate the fatigue consequences of excessive wait-
ing time.
‘‘(F) Scheduling of employees so that the rest
period occurring at the home terminal generally ex-
ceeds that given at the away-from-home terminal.
‘‘(c) WAIVER.—A railroad carrier (including a Class
III railroad carrier) and all labor organizations represent-
ing any class or craft of directly affected covered service
employees of the railroad carrier may jointly request, as
part of a proposed fatigue management plan, the waiver
of any provisions of this chapter where the waiver would
enhance the ability of the plan to achieve the objective of
reducing fatigue and enhancing safety. The Secretary is
authorized to waive any provision of this chapter if a waiv-
er is jointly requested by the railroad carrier and the labor
organizations representing the directly affected employees,
and if the railroad carrier and labor organizations dem-
onstrate to the Secretary’s satisfaction that the waiver is
essential to achieving the objectives of reducing fatigue
and enhancing safety and that the plan effectively protects
the safety interest addressed by the provision to be waived.
In the event that labor organizations do not represent
classes or crafts of directly affected covered employees of
the railroad carrier, the railroad carrier shall instead con-
sult with all of its directly affected employee groups in
drafting the waiver request. No waiver shall be approved
unless the Secretary makes a finding that the waiver per-
mits procedures that reduce fatigue and enhance safety,
and which would not be lawful without the waiver.
‘‘(d) DEFINITIONS.—For purposes of this section, the
term ‘directly affected covered service employees’ means
covered service employees to whose hours of service the
terms of the approved plan specifically apply, and the term
‘scheduled employee’ means an employee who is assigned
to work a tour of duty with a regular and predictable
starting and stopping time.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of
sections for chapter 211 is amended by adding at the end
the following new item:
‘‘21109. Fatigue management plans.’’.
SEC. 107. ELECTRONIC RECORDKEEPING.
(a) AMENDMENT.—Chapter 211 is amended by add-
ing at the end the following new section:
‘‘§ 21110. Electronic recordkeeping
‘‘In rules or waivers issued under this part concern-
ing recordkeeping related to compliance with this chapter,
the Secretary may, and is encouraged to, permit that
records be made, maintained, or submitted by electronic
means in order to reduce the paperwork burden on rail-
road carriers.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of
sections for chapter 211 is amended by adding after item
21109 the following new item:
‘‘21110. Electronic recordkeeping.’’.
TITLE II—MONITORING OF RAIL-
ROAD 
RADIO 
COMMUNICA-
TIONS
SEC. 201. ENHANCED INSPECTION AND INVESTIGATION AU-
THORITY UNDER THE FEDERAL RAILROAD
SAFETY LAWS.
Section 20107 is amended by inserting at the end the
following new subsection:
‘‘(c) RAILROAD RADIO COMMUNICATIONS.—(1) To
carry out the Secretary’s responsibilities under this part,
officers, employees, or agents of the Secretary are author-
ized to conduct the following kinds of inspection and inves-
tigative activities at reasonable times and in a reasonable
manner:
‘‘(A) To listen to a radio communication that is
broadcast or transmitted over a railroad’s dedicated
frequency not for the use of the general public, with
or without making their presence known to the send-
er or other receivers of the communication and with
or without obtaining the consent of the sender or
other receivers of the communication.
‘‘(B) To communicate the existence, contents,
substance, purport, effect, or meaning of the com-
munication.
‘‘(C) To receive or assist in receiving the com-
munication (or any information therein contained).
‘‘(D) Having received the communication or
having become acquainted with the contents, sub-
stance, purport, effect, or meaning of the commu-
nication (or any part thereof), to disclose the con-
tents, substance, purport, effect, or meaning of the
communication (or any part thereof of such commu-
nication) or use the communication (or any informa-
tion contained therein).
‘‘(E) To record the communications by any
means, including writing and tape recording.
‘‘(2) The purposes for which officers, employees, or
agents of the Secretary are permitted to engage in the
activities set forth in paragraph (1) of this subsection in-
clude rulemaking, accident investigation, and acquiring
general information as to railroad operations.
‘‘(3) Information obtained in compliance with para-
graphs (1) and (2) of this subsection may not be used
as evidence for the assessment or collection of civil pen-
alties or for the implementation of other enforcement
mechanisms provided in section 5122, 20702(b), 20111,
20112, 20113, or 20114 of this title, but may be used
as background for further investigation which might lead
to the discovery of other useful evidence.
‘‘(4) The authority granted by this subsection shall
be an exception to the general prohibitions of section 605
of title 47, United States Code, and chapter 119 of title
18, United States Code.’’.
SEC. 202. EXCEPTION TO CHAPTER 119, TITLE 18, UNITED
STATES CODE.
Section 2511(2) of title 18, United States Code, is
amended by redesignating paragraphs (c) through (h) as
paragraphs (d) through (i) and adding after paragraph
(b), the following new paragraph:
‘‘(c) Notwithstanding any other provision of this
chapter or section 605 of title 47, United States Code,
officers, employees, or agents of the Secretary of Trans-
portation in the normal course of employment and in fur-
therance of the Federal railroad safety laws in chapter 51
and subtitle V, part A, of title 49 may intercept railroad
radio communications and disclose or use the information
thereby contained, for the purposes and to the extent per-
mitted by section 20107(c) of title 49.’’.
TITLE III—RULEMAKING
AUTHORITY
SEC. 301. RAILROAD ACCIDENT AND INCIDENT REPORTING.
Section 20901(a) is amended to read as follows:
‘‘(a) GENERAL REQUIREMENTS.—On a periodic basis
not less often than quarterly as specified by the Secretary
of Transportation, a railroad carrier shall file a report
with the Secretary on all accidents and incidents resulting
in injury or death to an individual or damage to equipment
or a roadbed arising from the carrier’s operations during
that period. The report shall state the nature, cause, and
circumstances of each reported accident or incident. If a
railroad carrier assigns human error as a cause, the report
shall include, at the option of each employee whose error
is alleged, a statement by the employee explaining any fac-
tors the employee alleges contributed to the accident or
incident.’’.
SEC. 302. HIGH-SPEED RAIL NOISE REGULATION.
(a) AMENDMENT.—Chapter 201 is amended by add-
ing a new section at the end as follows:
‘‘§ 20154. High-speed rail noise regulation
‘‘The Secretary of Transportation, in consultation
with the Administrator of the Environmental Protection
Agency, shall prescribe regulations addressing noise emis-
sions from high-speed rail systems, including magnetic
levitation systems, when operating at speeds greater than
150 miles per hour. Regulations issued under this section
shall be in lieu of railroad-related noise regulations issued
pursuant to the Noise Control Act of 1972 (42 U.S.C.
4916(a)) only for locomotives, cars, and consists of loco-
motives and cars when operating at speeds greater than
150 miles per hour.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of
sections of subchapter II of chapter 201, is amended by
adding at the end the following new item:
‘‘20154. High-speed rail noise regulation.’’.
TITLE IV—PROTECTION OF
EMPLOYEES AND WITNESSES
SEC. 401. EXPANSION OF EMPLOYEE PROTECTIONS.
(a) Section 20109(a) is amended—
(1) by striking ‘‘AND TESTIFYING’’ in the sub-
section heading and substituting the following: ‘‘,
TESTIFYING, REPORTING INJURIES AND ILLNESSES,
AND
COOPERATING
WITH
SAFETY
INVESTIGA-
TIONS’’;
(2) by inserting ‘‘(1)’’ before ‘‘A railroad car-
rier engaged in interstate or foreign commerce’’;
(3) by redesignating paragraphs (1) through
(2) as subparagraphs (A) through (B);
(4) by striking ‘‘or’’ following the semicolon in
newly designated subparagraph (A);
(5) by striking the period at the end of newly
designated subparagraph (B) and substituting a
semicolon and the following:
‘‘(C) notified, or attempted to notify, the rail-
road carrier of a work-related personal injury or
work-related illness of an employee; or
‘‘(D) cooperated with a safety investigation by
the Secretary of Transportation or the National
Transportation Safety Board.
‘‘(2) It shall be unlawful for any officer or employee
of a railroad carrier to commit any act prohibited to a
railroad carrier by this subsection.’’.
(b) Section 20109(b) is amended—
(1) by striking ‘‘REFUSING TO WORK BECAUSE
OF’’ in the subsection heading;
(2) by inserting in paragraph (1) ‘‘or against
an employee responsible for the inspection or repair
of safety-related equipment, track, or structures for
refusing to authorize the use of such equipment,
track, or structures when the employee believes that
the equipment, track, or structures are in a hazard-
ous condition and that the use of the equipment,
track, or structures would endanger human life,’’
after ‘‘performance of the employee’s duties,’’; and
(3) by striking subparagraph (C) and substitut-
ing the following new subparagraph:
‘‘(C) the employee, where possible, has notified
the carrier of the existence of the hazardous condi-
tion and the intention not to perform further work
or not to authorize the use of the hazardous equip-
ment, track, or structures, unless the condition is
corrected immediately or the equipment, track, or
structures are repaired properly or replaced.’’.
(c) Section 20109(c) is amended—
(1) by striking ‘‘180 days after it is filed’’ and
substituting ‘‘60 days after it is filed if the violation
is a form of discrimination that involves discharge,
suspension, or another action affecting pay and 180
days after the dispute, grievance, or claim is filed if
the violation is a form of discrimination that does
not involve discharge, suspension, or another action
affecting pay’’; and
(2) by striking the last sentence and substitut-
ing the following: ‘‘If the employee has been found
by the Board, division, delegate, or board of adjust-
ment to have been discharged, suspended, or other-
wise discriminated against in violation of subsection
(a) or (b) of this section, the employee shall be made
whole, including reinstatement, with an award of
back pay, and with all benefits and accumulated se-
niority. The employee may also be awarded punitive
damages sufficient to deter the railroad carrier from
such conduct in the future.’’.
SEC. 402. INTERFERING WITH OR HAMPERING MAJOR IN-
VESTIGATIONS.
(a) AMENDMENT.—Subchapter II of chapter 213 is
amended by adding at the end the following new section:
‘‘§ 21312. Interfering with or hampering major inves-
tigations
‘‘(a) IN GENERAL.—It shall be unlawful for any per-
son knowingly to interfere with, obstruct, or hamper an
investigation by the Secretary of Transportation con-
ducted under section 20703 or 20902 of this title.
‘‘(b) KNOWING INTIMIDATION AND OTHER ACTS.—
It shall be unlawful for any person, with regard to an in-
vestigation conducted by the Secretary under section
20703 or 20902 of this title, knowingly to use intimidation
or physical force, threaten, or corruptly persuade another
person, or attempt to do so, or engage in misleading con-
duct toward another person, with intent to—
‘‘(1) influence, delay, or prevent the testimony
or statement of any person;
‘‘(2) cause or induce any person to—
‘‘(A) withhold testimony or statement, or
withhold a record, document, or other object
from the investigation;
‘‘(B) alter, destroy, mutilate, or conceal an
object with intent to impair the object’s integ-
rity or availability for use in the investigation;
‘‘(C) evade legal process summoning that
person to appear as a witness, or to produce a
record, document, or other object, in the inves-
tigation; or
‘‘(D) be absent from an investigation to
which such person has been summoned by legal
process; or
‘‘(3) hinder, delay, or prevent the communica-
tion to a Federal railroad safety inspector or a State
railroad safety inspector, or their superiors, of infor-
mation relating to the commission or possible com-
mission of one or more violations of this part or of
chapter 51 of this title.
‘‘(c) INTENTIONAL HARASSMENT.—It shall be unlaw-
ful, with regard to an investigation conducted by the Sec-
retary under section 20703 or 20902 of this title, to inten-
tionally harass another person and thereby hinder, delay,
prevent, or dissuade any person from—
‘‘(1) attending a proceeding or interview, pro-
viding a written statement to a Federal railroad
safety inspector or State railroad safety inspector, or
their superiors, or testifying as part of the investiga-
tion;
‘‘(2) reporting to a Federal railroad safety in-
spector or a State railroad safety inspector, or their
superiors, the commission or possible commission of
a violation of this part or of chapter 51 of this title;
or
‘‘(3) recommending or using any legal remedy
available to the Secretary under this title.
‘‘(d) DEFENSE.—In a prosecution for an offense
under this section, it is an affirmative defense, as to which
the defendant has the burden of proof by a preponderance
of the evidence, that the conduct consisted solely of lawful
conduct and that the defendant’s sole intention was to en-
courage, induce, or cause the other person to testify or
provide a statement truthfully.
‘‘(e) ELEMENTS OF VIOLATION.—(1) For the pur-
poses of this section, the testimony or statement, or the
record, document, or other object need not be admissible
in evidence or free from a claim of privilege.
‘‘(2) In a prosecution for an offense under this sec-
tion, no state of mind need be proved with respect to the
circumstance that the investigation is being conducted by
the Secretary under section 20703 or 20902 of this title.
‘‘(f) CRIMINAL PENALTIES.—A person violating this
section shall be fined under title 18, imprisoned for not
more than two years, or both.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of
sections of subchapter II of chapter 213, is amended by
adding at the end the following new item:
‘‘21312. Interfering with or hampering major investigations.’’.
TITLE V—MISCELLANEOUS
PROVISIONS
SEC. 501. EXPANSION OF EMERGENCY ORDER AUTHORITY.
Section 20104(a)(1) is amended by striking ‘‘death
or personal injury’’ and inserting ‘‘death, personal injury,
or significant harm to the environment’’.
SEC. 502. SAFETY CONSIDERATIONS IN GRANTS OR LOANS
TO COMMUTER RAILROADS.
Section 5329 is amended by adding at the end the
following new subsection:
‘‘(c) COMMUTER
RAILROAD
SAFETY
CONSIDER-
ATIONS.—In making a grant or loan under this chapter
that concerns a railroad subject to the Secretary’s safety
jurisdiction under section 20102 of this title, the Federal
Transit Administrator shall consult with the Federal Rail-
road Administrator concerning relevant safety issues. The
Secretary may use appropriate authority under this chap-
ter, including the authority to prescribe particular terms
or covenants under section 5334 of this title, to address
any safety issues identified in the project supported by the
loan or grant.’’.
SEC. 503. TECHNICAL AMENDMENTS REGARDING ADJUST-
MENT OF CIVIL PENALTIES FOR INFLATION.
(a) CHAPTER 201 GENERAL VIOLATIONS.—In sec-
tion 21301(a)(2), insert after ‘‘$10,000’’ and after
‘‘$20,000’’ the following: ‘‘or within the range of such
other amounts to which the stated minimum and maxi-
mum penalties are adjusted if required by the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Public
Law 101–410; 28 U.S.C. 2461 note)’’.
(b) CHAPTER 201 ACCIDENT AND INCIDENT VIOLA-
TIONS AND CHAPTER 203–209 VIOLATIONS.—In section
21302(a)(2), insert after ‘‘$10,000’’ and after ‘‘$20,000’’
the following: ‘‘or within the range of such other amounts
to which the stated minimum and maximum penalties are
adjusted if required by the Federal Civil Penalties Infla-
tion Adjustment Act of 1990 (Public Law 101–410; 28
U.S.C. 2461 note)’’.
(c) 
CHAPTER
211 
VIOLATIONS.—In 
section
21303(a)(2), insert after ‘‘$10,000’’ and after ‘‘$20,000’’
the following: ‘‘or within the range of such other amounts
to which the stated minimum and maximum penalties are
adjusted if required by the Federal Civil Penalties Infla-
tion Adjustment Act of 1990 (Public Law 101–410; 28
U.S.C. 2461 note)’’.
SEC. 504. EMERGENCY NOTIFICATION OF GRADE CROSSING
PROBLEMS.
Section 20152 is revised to read as follows:
‘‘§ 20152. Emergency notification of grade crossing
problems
‘‘(a) PROGRAM.—(1) The Secretary of Transpor-
tation shall promote the establishment of emergency noti-
fication systems utilizing toll-free telephone numbers that
the public can use to convey to railroad carriers, either
directly or through public safety personnel, information
about malfunctions of automated warning devices or other
safety problems at highway-rail grade crossings.
‘‘(2) To assist in encouraging widespread use of such
systems, the Secretary may provide technical assistance
and enter into cooperative agreements. Such assistance
shall include appropriate emphasis on the public safety
needs associated with operation of small railroads.
‘‘(b) REPORT.—Not later than 24 months following
enactment of the Federal Railroad Safety Authorization
Act of 1998, the Secretary shall report to the Congress
the status of such emergency notification systems, to-
gether with any recommendations for further legislation
that the Secretary considers appropriate.’’.
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
Section 20117(a)(1) is amended by striking subpara-
graphs (A) through (E), redesignating subparagraph (F)
as subparagraph (A), and inserting after newly designated
subparagraph (A) the following new subparagraphs:
‘‘(B) $82,086,000 for fiscal year 1999.
‘‘(C) Such sums as may be necessary for fiscal
years 2000–2002.’’.
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