•HRES 1492 EH 
‘‘(b) MAXIMUM
GRANT
AMOUNT
UNDER
SECTION 
22501(2).—No grant awarded under section 22501(2) may 
exceed $250,000. 
‘‘§ 22505. Authorization of appropriations 
‘‘There are authorized to be appropriated to the Sec-
retary $1,500,000 for each of fiscal years 2010 through 2013 
to carry out the provisions of section 22501(1) of this chap-
ter. There are authorized to be appropriated to the Secretary 
$1,500,000 for each of fiscal years 2010 through 2013 to 
carry out the provisions of section 22501(2) of this chapter. 
Amounts appropriated pursuant to this section shall remain 
available until expended.’’. 
(b) CONFORMING AMENDMENT.—The subtitle analysis 
for subtitle V is amended by inserting after the item relating 
to chapter 223 the following: 
‘‘225. Federal grants to States for highway-rail grade crossing safety 22501’’. 
SEC. 
208. 
TRESPASSER 
PREVENTION 
AND 
HIGHWAY-RAIL 
GRADE CROSSING SAFETY. 
(a) TRESPASSER
PREVENTION
AND
HIGHWAY-RAIL 
GRADE
CROSSING
WARNING
SIGN
VIOLATIONS.—Section 
20151 is amended— 
(1) by striking the section heading and inserting the 
following:
•HRES 1492 EH 
‘‘§ 20151. Railroad trespassing, vandalism, and highway- 
rail grade crossing warning sign violation 
prevention strategy’’; 
(2) by striking subsection (a) and inserting the fol-
lowing: 
‘‘(a) EVALUATION OF EXISTING LAWS.—In consultation 
with affected parties, the Secretary of Transportation shall 
evaluate and review current local, State, and Federal laws re-
garding trespassing on railroad property, vandalism affecting 
railroad safety, and violations of highway-rail grade crossing 
signs, signals, markings, or other warning devices and de-
velop model prevention strategies and enforcement laws to be 
used for the consideration of State and local legislatures and 
governmental entities. The first such evaluation and review 
shall be completed within 1 year after the date of enactment 
of the Rail Safety Improvement Act of 2008. The Secretary 
shall revise the model prevention strategies and enforcement 
codes periodically.’’; 
(3) by inserting ‘‘FOR TRESPASSING
AND VAN-
DALISM PREVENTION’’ in the subsection heading of sub-
section (b) after ‘‘OUTREACH PROGRAM’’; 
(4) in subsection (c)— 
(A) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(B) by inserting ‘‘(1)’’ after ‘‘MODEL LEGISLA-
TION.—’’; and
•HRES 1492 EH 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) Not later than 18 months after the date of enact-
ment of the Rail Safety Improvement Act of 2008, the Sec-
retary, after consultation with State and local governments 
and railroad carriers, shall develop and make available to 
State and local governments model State legislation providing 
for civil or criminal penalties, or both, for violations of high-
way-rail grade crossing signs, signals, markings, or other 
warning devices.’’; and 
(5) by adding at the end the following new sub-
section: 
‘‘(d) DEFINITION.—In this section, the term ‘violation of 
highway-rail grade crossing signs, signals, markings, or other 
warning devices’ includes any action by a motorist, unless di-
rected by an authorized safety officer— 
‘‘(1) to drive around a grade crossing gate in a po-
sition intended to block passage over railroad tracks; 
‘‘(2) to drive through a flashing grade crossing sig-
nal; 
‘‘(3) to drive through a grade crossing with passive 
warning signs without ensuring that the grade crossing 
could be safely crossed before any train arrived; and
•HRES 1492 EH 
‘‘(4) in the vicinity of a grade crossing, who creates 
a hazard of an accident involving injury or property 
damage at the grade crossing.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201 is amended by striking the item relating to 
section 20151 and inserting the following: 
‘‘20151. Railroad trespassing, vandalism, and highway-rail grade crossing warn-
ing sign violation prevention strategy.’’. 
(c) EDUCATIONAL OR AWARENESS PROGRAM ITEMS FOR 
DISTRIBUTION.—Section 20134(a) is amended by adding at 
the end the following: ‘‘The Secretary may purchase items of 
nominal value and distribute them to the public without 
charge as part of an educational or awareness program to ac-
complish the purposes of this section and of any other sec-
tions of this title related to improving the safety of highway- 
rail crossings and to preventing trespass on railroad rights of 
way, and the Secretary shall prescribe guidelines for the ad-
ministration of this authority.’’. 
SEC. 209. ACCIDENT AND INCIDENT REPORTING. 
The Federal Railroad Administration shall conduct an 
audit of each Class I railroad at least once every 2 years and 
conduct an audit of each non-Class I railroad at least once 
every 5 years to ensure that all grade crossing collisions and 
fatalities are reported to any Federal national accident data-
base.
•HRES 1492 EH 
SEC. 210. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO 
IMPROVE 
SAFETY 
AT 
HIGHWAY-RAIL 
GRADE 
CROSSINGS. 
(a) AMENDMENT.—Subchapter II of chapter 201, as 
amended by section 204 of this division, is further amended 
by adding at the end the following: 
‘‘§ 20161. Fostering introduction of new technology to im-
prove safety at highway-rail grade crossings 
‘‘(a) FINDINGS.— 
‘‘(1) Collisions between highway users and trains at 
highway-rail grade crossings continue to cause an unac-
ceptable loss of life, serious personal injury, and prop-
erty damage. 
‘‘(2) While elimination of at-grade crossings 
through consolidation of crossings and grade separations 
offers the greatest long-term promise for optimizing the 
safety and efficiency of the two modes of transportation, 
over 140,000 public grade crossings remain on the gen-
eral rail system—approximately one for each route mile 
on the general rail system. 
‘‘(3) Conventional highway traffic control devices 
such as flashing lights and gates are often effective in 
warning motorists of a train’s approach to an equipped 
crossing. 
‘‘(4) Since enactment of the Highway Safety Act of 
1973, over $4,200,000,000 of Federal funding has been
•HRES 1492 EH 
invested in safety improvements at highway-rail grade 
crossings, yet a majority of public highway-rail grade 
crossings are not yet equipped with active warning sys-
tems. 
‘‘(5) The emergence of new technologies presents 
opportunities for more effective and affordable warnings 
and safer passage of highway users and trains at re-
maining highway-rail grade crossings. 
‘‘(6) Implementation of new crossing safety tech-
nology will require extensive cooperation between high-
way authorities and railroad carriers. 
‘‘(7) Federal Railroad Administration regulations 
establishing performance standards for processor-based 
signal and train control systems provide a suitable 
framework for qualification of new or novel technology at 
highway-rail grade crossings, and the Federal Highway 
Administration’s Manual on Uniform Traffic Control 
Devices provides an appropriate means of determining 
highway user interface with such new technology. 
‘‘(b) POLICY.—It is the policy of the United States to 
encourage the development of new technology that can pre-
vent loss of life and injuries at highway-rail grade crossings. 
The Secretary of Transportation is designated to carry out 
this policy in consultation with States and necessary public 
and private entities.
•HRES 1492 EH 
(6) to prevent or respond to natural or manmade 
emergency situations or events involving rail infrastruc-
ture or employees; 
(7) to implement section 20157 of title 49, United 
States Code, relating to positive train control systems; 
(8) to implement section 20164 of title 49, United 
States Code, relating to the development and use of rail 
safety technology; and 
(9) to support the Federal Railroad Administra-
tion’s safety mission. 
SEC. 302. CIVIL PENALTY INCREASES. 
(a) GENERAL VIOLATIONS OF CHAPTER 201.—Section 
21301(a)(2) is amended— 
(1) 
by 
striking 
‘‘$10,000.’’ 
and 
inserting 
‘‘$25,000.’’; and 
(2) 
by 
striking 
‘‘$20,000.’’ 
and 
inserting 
‘‘$100,000.’’. 
(b) ACCIDENT AND INCIDENT VIOLATIONS OF CHAPTER 
201; VIOLATIONS OF CHAPTERS 203 THROUGH 209.—Sec-
tion 21302(a)(2) is amended— 
(1) 
by 
striking 
‘‘$10,000.’’ 
and 
inserting 
‘‘$25,000.’’; and 
(2) 
by 
striking 
‘‘$20,000.’’ 
and 
inserting 
‘‘$100,000.’’.
•HRES 1492 EH 
(c) VIOLATIONS OF CHAPTER 211.—Section 21303(a)(2) 
is amended— 
(1) 
by 
striking 
‘‘$10,000.’’ 
and 
inserting 
‘‘$25,000.’’; and 
(2) 
by 
striking 
‘‘$20,000.’’ 
and 
inserting 
‘‘$100,000.’’. 
SEC. 303. ENFORCEMENT REPORT. 
(a) IN GENERAL.—Subchapter I of chapter 201, as 
amended by section 109 of this division, is amended by add-
ing at the end the following: 
‘‘§ 20120. Enforcement report 
‘‘(a) IN GENERAL.—Beginning not later than December 
31, 2009, the Secretary of Transportation shall make avail-
able to the public and publish on its public website an annual 
report that— 
‘‘(1) provides a summary of railroad safety and haz-
ardous materials compliance inspections and audits that 
Federal or State inspectors conducted in the prior fiscal 
year organized by type of alleged violation, including 
track, motive power and equipment, signal, grade cross-
ing, operating practices, accident and incidence report-
ing, and hazardous materials; 
‘‘(2) provides a summary of all enforcement actions 
taken by the Secretary or the Federal Railroad Adminis-
tration during the prior fiscal year, including—
•HRES 1492 EH 
‘‘(A) the number of civil penalties assessed; 
‘‘(B) the initial amount of civil penalties as-
sessed; 
‘‘(C) the number of civil penalty cases settled; 
‘‘(D) the final amount of civil penalties as-
sessed; 
‘‘(E) the difference between the initial and 
final amounts of civil penalties assessed; 
‘‘(F) the number of administrative hearings re-
quested and completed related to hazardous mate-
rials transportation law violations or enforcement 
actions against individuals; 
‘‘(G) the number of cases referred to the Attor-
ney General for civil or criminal prosecution; 
‘‘(H) the number and subject matter of all 
compliance orders, emergency orders, or precursor 
agreements; 
‘‘(3) analyzes the effect of the number of inspec-
tions conducted and enforcement actions taken on the 
number and rate of reported accidents and incidents and 
railroad safety; 
‘‘(4) provide the information required by para-
graphs (2) and (3)— 
‘‘(A) for each Class I railroad individually; and 
‘‘(B) in the aggregate for—
•HRES 1492 EH 
‘‘(i) Class II railroads; 
‘‘(ii) Class III railroads; 
‘‘(iii) hazardous materials shippers; and 
‘‘(iv) individuals; 
‘‘(5) identifies the number of locomotive engineer 
certification denial or revocation cases appealed to and 
the average length of time it took to be decided by— 
‘‘(A) the Locomotive Engineer Review Board; 
‘‘(B) an Administrative Hearing Officer or Ad-
ministrative Law Judge; or 
‘‘(C) the Administrator of the Federal Railroad 
Administration; 
‘‘(6) provides an explanation regarding any changes 
in the Secretary’s or the Federal Railroad Administra-
tion’s enforcement programs or policies that may sub-
stantially affect the information reported; and 
‘‘(7) includes any additional information that the 
Secretary determines is useful to improve the trans-
parency of its enforcement program.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 109 of this division, 
is amended by inserting after the item relating to section 
20119 the following: 
‘‘20120. Enforcement report.’’.
•HRES 1492 EH 
SEC. 304. EXPANSION OF EMERGENCY ORDER AUTHORITY. 
Section 20104(a)(1) is amended by striking ‘‘death or 
personal injury’’ and inserting ‘‘death, personal injury, or sig-
nificant harm to the environment’’. 
SEC. 305. PROHIBITION OF INDIVIDUALS FROM PERFORMING 
SAFETY-SENSITIVE FUNCTIONS FOR A VIOLATION 
OF HAZARDOUS MATERIALS TRANSPORTATION 
LAW. 
Section 20111(c) is amended to read as follows: 
‘‘(c) ORDERS PROHIBITING INDIVIDUALS FROM PER-
FORMING SAFETY-SENSITIVE FUNCTIONS.— 
‘‘(1) If an individual’s violation of this part, chapter 
51 of this title, or a regulation prescribed, or an order 
issued, by the Secretary under this part or chapter 51 
of this title is shown to make that individual unfit for 
the performance of safety-sensitive functions, the Sec-
retary, after providing notice and an opportunity for a 
hearing, may issue an order prohibiting the individual 
from performing safety-sensitive functions in the railroad 
industry for a specified period of time or until specified 
conditions are met. 
‘‘(2) This subsection does not affect the Secretary’s 
authority under section 20104 of this title to act on an 
emergency basis.’’.
•HRES 1492 EH 
SEC. 306. RAILROAD RADIO MONITORING AUTHORITY. 
Section 20107 is amended by inserting at the end the 
following: 
‘‘(c) RAILROAD RADIO COMMUNICATIONS.— 
‘‘(1) IN GENERAL.—To carry out the Secretary’s re-
sponsibilities under this part and under chapter 51, the 
Secretary may authorize officers, employees, or agents of 
the Secretary to conduct, with or without making their 
presence known, the following activities in circumstances 
the Secretary finds to be reasonable: 
‘‘(A) Intercepting a radio communication, with 
or without the consent of the sender or other receiv-
ers of the communication, but only where such com-
munication is broadcast or transmitted over a radio 
frequency which is— 
‘‘(i) authorized for use by one or more 
railroad carriers by the Federal Communica-
tions Commission; and 
‘‘(ii) primarily used by such railroad car-
riers for communications in connection with 
railroad operations. 
‘‘(B) Communicating the existence, contents, 
substance, purport, effect, or meaning of the com-
munication, subject to the restrictions in paragraph 
(3).
•HRES 1492 EH 
‘‘(C) Receiving or assisting in receiving the 
communication (or any information therein con-
tained). 
‘‘(D) Disclosing the contents, substance, pur-
port, effect, or meaning of the communication (or 
any part thereof of such communication) or using 
the communication (or any information contained 
therein), subject to the restrictions in paragraph 
(3), after having received the communication or ac-
quired knowledge of the contents, substance, pur-
port, effect, or meaning of the communication (or 
any part thereof). 
‘‘(E) Recording the communication by any 
means, including writing and tape recording. 
‘‘(2) ACCIDENT AND INCIDENT PREVENTION AND 
INVESTIGATION.—The Secretary, and officers, employ-
ees, and agents of the Department of Transportation au-
thorized by the Secretary, may engage in the activities 
authorized by paragraph (1) for the purpose of accident 
and incident prevention and investigation. 
‘‘(3) USE OF INFORMATION.—(A) Information ob-
tained through activities authorized by paragraphs (1) 
and (2) shall not be admitted into evidence in any ad-
ministrative or judicial proceeding except—
•HRES 1492 EH 
‘‘(i) in a prosecution of a felony under Federal 
or State criminal law; or 
‘‘(ii) to impeach evidence offered by a party 
other than the Federal Government regarding the 
existence, electronic characteristics, content, sub-
stance, purport, effect, meaning, or timing of, or 
identity of parties to, a communication intercepted 
pursuant to paragraphs (1) and (2) in proceedings 
pursuant to section 5122, 5123, 20702(b), 20111, 
20112, 20113, or 20114 of this title. 
‘‘(B) If information obtained through activities set 
forth in paragraphs (1) and (2) is admitted into evidence 
for impeachment purposes in accordance with subpara-
graph (A), the court, administrative law judge, or other 
officer before whom the proceeding is conducted may 
make such protective orders regarding the confidentiality 
or use of the information as may be appropriate in the 
circumstances to protect privacy and administer justice. 
‘‘(C) No evidence shall be excluded in an adminis-
trative or judicial proceeding solely because the govern-
ment would not have learned of the existence of or ob-
tained such evidence but for the interception of informa-
tion that is not admissible in such proceeding under sub-
paragraph (A).
•HRES 1492 EH 
‘‘(D) Information obtained through activities set 
forth in paragraphs (1) and (2) shall not be subject to 
publication or disclosure, or search or review in connec-
tion therewith, under section 552 of title 5. 
‘‘(E) Nothing in this subsection shall be construed 
to impair or otherwise affect the authority of the United 
States to intercept a communication, and collect, retain, 
analyze, use, and disseminate the information obtained 
thereby, under a provision of law other than this sub-
section. 
‘‘(4) APPLICATION WITH OTHER LAW.—Section 705 
of the Communications Act of 1934 (47 U.S.C. 605) and 
chapter 119 of title 18 shall not apply to conduct au-
thorized by and pursuant to this subsection.’’. 
SEC. 307. UPDATE OF FEDERAL RAILROAD ADMINISTRATION’S 
WEBSITE. 
(a) IN GENERAL.—The Secretary shall update the Fed-
eral Railroad Administration’s public website to better facili-
tate the ability of the public, including those individuals who 
are not regular users of the public website, to find current 
information regarding the Federal Railroad Administration’s 
activities. 
(b) PUBLIC REPORTING OF VIOLATIONS.—On the Fed-
eral Railroad Administration’s public website’s home page, 
the Secretary shall provide a mechanism for the public to
•HRES 1492 EH 
submit written reports of potential violations of Federal rail-
road safety and hazardous materials transportation laws, reg-
ulations, and orders to the Federal Railroad Administration. 
SEC. 308. EMERGENCY WAIVERS. 
Section 20103 is amended— 
(1) by striking ‘‘WAIVERS.—’’ in subsection (d) and 
inserting ‘‘NONEMERGENCY WAIVERS.—’’; 
(2) by striking subsection (e) and inserting the fol-
lowing: 
‘‘(e) HEARINGS.—The Secretary shall conduct a hearing 
as provided by section 553 of title 5 when prescribing a regu-
lation or issuing an order under this part, including a regula-
tion or order establishing, amending, or providing a waiver, 
described in subsection (d), of compliance with a railroad 
safety regulation prescribed or order issued under this part. 
An opportunity for an oral presentation shall be provided.’’; 
and 
(3) by adding at the end thereof the following: 
‘‘(g) EMERGENCY WAIVERS.— 
‘‘(1) IN GENERAL.—The Secretary may waive com-
pliance with any part of a regulation prescribed or order 
issued under this part without prior notice and comment 
if the Secretary determines that— 
‘‘(A) it is in the public interest to grant the 
waiver;
•HRES 1492 EH 
‘‘(B) the waiver is not inconsistent with rail-
road safety; and 
‘‘(C) the waiver is necessary to address an ac-
tual or impending emergency situation or emer-
gency event. 
‘‘(2) PERIOD OF WAIVER.—A waiver under this sub-
section may be issued for a period of not more than 60 
days and may be renewed upon application to the Sec-
retary only after notice and an opportunity for a hearing 
on the waiver. The Secretary shall immediately revoke 
the waiver if continuation of the waiver would not be 
consistent with the goals and objectives of this part. 
‘‘(3) STATEMENT
OF
REASONS.—The Secretary 
shall state in the decision issued under this subsection 
the reasons for granting the waiver. 
‘‘(4) CONSULTATION.—In granting a waiver under 
this subsection, the Secretary shall consult and coordi-
nate with other Federal agencies, as appropriate, for 
matters that may impact such agencies. 
‘‘(5) 
EMERGENCY
SITUATION; 
EMERGENCY 
EVENT.—In this subsection, the terms ‘emergency situa-
tion’ and ‘emergency event’ mean a natural or manmade 
disaster, such as a hurricane, flood, earthquake, 
mudslide, forest fire, snowstorm, terrorist act, biological 
outbreak, release of a dangerous radiological, chemical,
•HRES 1492 EH 
TITLE IV—RAILROAD SAFETY 
ENHANCEMENTS 
SEC. 401. MINIMUM TRAINING STANDARDS AND PLANS. 
(a) AMENDMENT.—Subchapter II of chapter 201, as 
amended by section 210 of this division, is further amended 
by adding at the end the following new section: 
‘‘§ 20162. Minimum training standards and plans 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall, not later than 1 year after the date of enactment of 
the Rail Safety Improvement Act of 2008, establish— 
‘‘(1) minimum training standards for each class and 
craft of safety-related railroad employee (as defined in 
section 20102) and equivalent railroad carrier contractor 
and subcontractor employees, which shall require rail-
road carriers, contractors, and subcontractors to qualify 
or otherwise document the proficiency of such employees 
in each such class and craft regarding their knowledge 
of, and ability to comply with, Federal railroad safety 
laws and regulations and railroad carrier rules and pro-
cedures promulgated to implement those Federal rail-
road safety laws and regulations; 
‘‘(2) a requirement that railroad carriers, contrac-
tors, and subcontractors develop and submit training 
and qualification plans to the Secretary for approval, in-
cluding training programs and information deemed nec-
•HRES 1492 EH 
essary by the Secretary to ensure that all safety-related 
railroad employees receive appropriate training in a 
timely manner; and 
‘‘(3) a minimum training curriculum, and ongoing 
training criteria, testing, and skills evaluation measures 
to ensure that safety-related railroad employees, and 
contractor and subcontractor employees, charged with 
the inspection of track or railroad equipment are quali-
fied to assess railroad compliance with Federal stand-
ards to identify defective conditions and initiate imme-
diate remedial action to correct critical safety defects 
that are known to contribute to derailments, accidents, 
incidents, or injuries, and, in implementing the require-
ments of this paragraph, take into consideration existing 
training programs of railroad carriers. 
‘‘(b) APPROVAL.—The Secretary shall review and ap-
prove the plans required under subsection (a)(2) utilizing an 
approval process required for programs to certify the quali-
fication of locomotive engineers pursuant to part 240 of title 
49, Code of Federal Regulations. 
‘‘(c) EXEMPTION.—The Secretary may exempt railroad 
carriers and railroad carrier contractors and subcontractors 
from submitting training plans for which the Secretary has 
issued training regulations before the date of enactment of 
the Rail Safety Improvement Act of 2008.’’.
•HRES 1492 EH 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 210 of this division, 
is amended by inserting after the item relating to section 
20161 the following: 
‘‘20162. Minimum training standards and plans.’’. 
SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF 
EMPLOYEES. 
(a) AMENDMENT.—Subchapter II of chapter 201, as 
amended by section 401 of this division, is further amended 
by adding at the end the following new section: 
‘‘§ 20163. Certification of train conductors 
‘‘(a) REGULATIONS.—Not later than 18 months after 
the date of enactment of the Rail Safety Improvement Act of 
2008, the Secretary of Transportation shall prescribe regula-
tions to establish a program requiring the certification of 
train conductors. In prescribing such regulations, the Sec-
retary shall require that train conductors be trained, in ac-
cordance with the training standards developed pursuant to 
section 20162. 
‘‘(b) PROGRAM REQUIREMENTS.—In developing the reg-
ulations required by subsection (a), the Secretary may con-
sider the requirements of section 20135(b) through (e).’’. 
(b) REPORT.—Not later than 6 months after promul-
gating regulations under section 20162 of title 49, United 
States Code, the Secretary shall issue a report to the Senate 
Committee on Commerce, Science, and Transportation and
•HRES 1492 EH 
the House of Representatives Committee on Transportation 
and Infrastructure about whether the certification of certain 
crafts or classes of railroad carrier or railroad carrier con-
tractor or subcontractor employees is necessary to reduce the 
number and rate of accidents and incidents or to improve 
railroad safety. 
(c) CRAFTS
AND CLASSES
TO BE CONSIDERED.—As 
part of the report, the Secretary shall consider— 
(1) car repair and maintenance employees; 
(2) onboard service workers; 
(3) rail welders; 
(4) dispatchers; 
(5) signal repair and maintenance employees; and 
(6) any other craft or class of employees that the 
Secretary determines appropriate. 
(d) REGULATIONS.—The Secretary may prescribe regu-
lations requiring the certification of certain crafts or classes 
of employees that the Secretary determines pursuant to the 
report required by paragraph (1) are necessary to reduce the 
number and rate of accidents and incidents or to improve 
railroad safety. 
(e) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 401 of this division, 
is amended by inserting after the item relating to section 
20162 the following: 
‘‘20163. Certification of train conductors.’’.
•HRES 1492 EH 
SEC. 403. TRACK INSPECTION TIME STUDY. 
(a) STUDY.—Not later that 2 years after the date of en-
actment of this Act, the Secretary shall transmit to the Com-
mittee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report containing the re-
sults of a study to determine whether— 
(1) the required intervals of track inspections for 
each class of track should be amended; 
(2) track remedial action requirements should be 
amended; 
(3) different track inspection and repair priorities 
or methods should be required; and 
(4) the speed at which railroad track inspection ve-
hicles operate and the scope of the territory they gen-
erally cover allow for proper inspection of the track and 
whether such speed and appropriate scope should be reg-
ulated by the Secretary. 
(b) CONSIDERATIONS.—In conducting the study the Sec-
retary shall consider— 
(1) the most current rail flaw, rail defect growth, 
rail fatigue, and other relevant track- or rail-related re-
search and studies; 
(2) the availability and feasibility of developing and 
implementing new or novel rail inspection technology for 
routine track inspections;
•HRES 1492 EH 
(3) information from National Transportation Safe-
ty Board or Federal Railroad Administration accident 
investigations where track defects were the cause or a 
contributing cause; and 
(4) other relevant information, as determined by the 
Secretary. 
(c) UPDATE OF REGULATIONS.—Not later than 2 years 
after the completion of the study required by subsection (a), 
the Secretary shall prescribe regulations based on the results 
of the study conducted under subsection (a). 
(d) CONCRETE CROSS TIES.—Not later than 18 months 
after the date of enactment of this Act, the Secretary shall 
promulgate regulations for concrete cross ties. In developing 
the regulations for class 1 through 5 track, the Secretary 
may address, as appropriate— 
(1) limits for rail seat abrasion; 
(2) concrete cross tie pad wear limits; 
(3) missing or broken rail fasteners; 
(4) loss of appropriate toeload pressure; 
(5) improper fastener configurations; and 
(6) excessive lateral rail movement. 
SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT STA-
TION PLATFORM GAPS. 
Not later than 2 years after the enactment of this Act, 
the Secretary shall complete a study to determine the most
•HRES 1492 EH 
safe, efficient, and cost-effective way to improve the safety of 
rail passenger station platforms gaps in order to increase 
compliance with the requirements under the Americans with 
Disabilities Act (42 U.S.C. 12101 et seq.), including regula-
tions issued pursuant to section 504 of such Act (42 U.S.C. 
12204) and to minimize the safety risks associated with such 
gaps for railroad passengers and employees. 
SEC. 405. LOCOMOTIVE CAB STUDIES. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, through the Railroad 
Safety Advisory Committee if the Secretary makes such a re-
quest, shall complete a study on the safety impact of the use 
of personal electronic devices, including cell phones, video 
games, and other distracting devices, by safety-related rail-
road employees (as defined in section 20102(4) of title 49, 
United States Code), during the performance of such employ-
ees’ duties. The study shall consider the prevalence of the use 
of such devices. 
(b) LOCOMOTIVE CAB ENVIRONMENT.—The Secretary 
may also study other elements of the locomotive cab environ-
ment and their effect on an employee’s health and safety. 
(c) REPORT.—Not later than 6 months after the comple-
tion of any study under this section, the Secretary shall issue 
a report on the study to the Senate Committee on Commerce,
•HRES 1492 EH 
Science, and Transportation and the House of Representa-
tives Committee on Transportation and Infrastructure. 
(d) AUTHORITY.—Based on the conclusions of the study 
required under (a), the Secretary of Transportation may pro-
hibit the use of personal electronic devices, such as cell 
phones, video games, or other electronic devices that may dis-
tract employees from safely performing their duties, unless 
those devices are being used according to railroad operating 
rules or for other work purposes. Based on the conclusions 
of other studies conducted under subsection (b), the Sec-
retary may prescribe regulations to improve elements of the 
cab environment to protect an employee’s health and safety. 
SEC. 406. DEVELOPMENT AND USE OF RAIL SAFETY TECH-
NOLOGY. 
(a) IN GENERAL.—Subchapter II of chapter 201, as 
amended by section 402 of this division, is further amended 
by adding at the end the following new section: 
‘‘§ 20164. Development and use of rail safety technology 
‘‘(a) IN GENERAL.—Not later than 1 year after enact-
ment of the Railroad Safety Enhancement Act of 2008, the 
Secretary of Transportation shall prescribe standards, guid-
ance, regulations, or orders governing the development, use, 
and implementation of rail safety technology in dark terri-
tory, in arrangements not defined in section 20501 or other-
wise not covered by Federal standards, guidance, regulations,
•HRES 1492 EH 
or orders that ensure the safe operation of such technology, 
such as— 
‘‘(1) switch position monitoring devices or indica-
tors; 
‘‘(2) radio, remote control, or other power-assisted 
switches; 
‘‘(3) hot box, high water, or earthquake detectors; 
‘‘(4) remote control locomotive zone limiting de-
vices; 
‘‘(5) slide fences; 
‘‘(6) grade crossing video monitors; 
‘‘(7) track integrity warning systems; or 
‘‘(8) other similar rail safety technologies, as deter-
mined by the Secretary. 
‘‘(b) DARK TERRITORY DEFINED.—In this section, the 
term ‘dark territory’ means any territory in a railroad system 
that does not have a signal or train control system installed 
or operational.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 402 of this division, 
is amended by inserting after the item relating to section 
20163 the following: 
‘‘20164. Development and use of rail safety technology.’’.
•HRES 1492 EH 
SEC. 407. UNIFIED TREATMENT OF FAMILIES OF RAILROAD 
CARRIERS. 
Section 20102(3), as redesignated by section 2(b) of this 
division, is amended to read as follows: 
‘‘(3) ‘railroad carrier’ means a person providing 
railroad transportation, except that, upon petition by a 
group of commonly controlled railroad carriers that the 
Secretary determines is operating within the United 
States as a single, integrated rail system, the Secretary 
may by order treat the group of railroad carriers as a 
single railroad carrier for purposes of one or more provi-
sions of part A, subtitle V of this title and implementing 
regulations and order, subject to any appropriate condi-
tions that the Secretary may impose.’’. 
SEC. 408. STUDY OF REPEAL OF CONRAIL PROVISION. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall complete a study of the impacts of 
repealing section 711 of the Regional Rail Reorganization Act 
of 1973 (45 U.S.C. 797j). Not later than 6 months after 
completing the study, the Secretary shall transmit a report 
with the Secretary’s findings, conclusions, and recommenda-
tions to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee 
on Transportation and Infrastructure.
•HRES 1492 EH 
SEC. 409. LIMITATIONS ON NON-FEDERAL ALCOHOL AND DRUG 
TESTING BY RAILROAD CARRIERS. 
(a) IN GENERAL.—Chapter 201, as amended by section 
406 of this division, is further amended by adding at the end 
the following: 
‘‘§ 20165. Limitations on non-Federal alcohol and drug 
testing 
‘‘(a) TESTING REQUIREMENTS.—Any non-Federal alco-
hol and drug testing program of a railroad carrier must pro-
vide that all post-employment tests of the specimens of em-
ployees who are subject to both the program and chapter 211 
of this title be conducted using a scientifically recognized 
method of testing capable of determining the presence of the 
specific analyte at a level above the cut-off level established 
by the carrier. 
‘‘(b) REDRESS PROCESS.—Each railroad carrier that 
has a non-Federal alcohol and drug testing program must 
provide a redress process to its employees who are subject to 
both the alcohol and drug testing program and chapter 211 
of this title for such an employee to petition for and receive 
a carrier hearing to review his or her specimen test results 
that were determined to be in violation of the program. A dis-
pute or grievance raised by a railroad carrier or its employee, 
except a probationary employee, in connection with the car-
rier’s alcohol and drug testing program and the application
•HRES 1492 EH 
of this section is subject to resolution under section 3 of the 
Railway Labor Act (45 U.S.C. 153).’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 406 of this division, 
is further amended by inserting after the item relating to sec-
tion 20164 the following: 
‘‘20165. Limitations on non-Federal alcohol and drug testing by railroad car-
riers.’’. 
SEC. 410. CRITICAL INCIDENT STRESS PLAN. 
(a) IN GENERAL.—The Secretary of Transportation, in 
consultation with the Secretary of Labor and the Secretary 
of Health and Human Services, as appropriate, shall require 
each Class I railroad carrier, each intercity passenger rail-
road carrier, and each commuter railroad carrier to develop 
and submit for approval to the Secretary a critical incident 
stress plan that provides for debriefing, counseling, guidance, 
and other appropriate support services to be offered to an 
employee affected by a critical incident. 
(b) PLAN REQUIREMENTS.—Each such plan shall in-
clude provisions for— 
(1) relieving an employee who was involved in a 
critical incident of his or her duties for the balance of 
the duty tour, following any actions necessary for the 
safety of persons and contemporaneous documentation of 
the incident;
•HRES 1492 EH 
(2) upon the employee’s request, relieving an em-
ployee who witnessed a critical incident of his or her du-
ties following any actions necessary for the safety of per-
sons and contemporaneous documentation of the inci-
dent; and 
(3) providing such leave from normal duties as may 
be necessary and reasonable to receive preventive serv-
ices, treatment, or both, related to the incident. 
(c) SECRETARY TO DEFINE WHAT CONSTITUTES A 
CRITICAL INCIDENT.—Within 30 days after the date of en-
actment of this Act, the Secretary shall initiate a rulemaking 
proceeding to define the term ‘‘critical incident’’ for the pur-
poses of this section. 
SEC. 411. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADI-
ATION STUDY. 
(a) STUDY.—The Secretary of Transportation shall, in 
consultation with the Secretary of Energy, the Secretary of 
Labor, the Administrator of the Environmental Protection 
Agency, and the Chairman of the Nuclear Regulatory Com-
mission, as appropriate, conduct a study of the potential haz-
ards to which employees of railroad carriers and railroad con-
tractors or subcontractors are exposed during the transpor-
tation of high-level radioactive waste and spent nuclear fuel 
(as defined in section 5101(a) of title 49, United States
•HRES 1492 EH 
Code), supplementing the report submitted under section 
5101(b) of that title, which may include— 
(1) an analysis of the potential application of ‘‘as 
low as reasonably achievable’’ principles for exposure to 
radiation to such employees with an emphasis on the 
need for special protection from radiation exposure for 
such employees during the first trimester of pregnancy 
or who are undergoing or have recently undergone radi-
ation therapy; 
(2) the feasibility of requiring real-time dosimetry 
monitoring for such employees; 
(3) the feasibility of requiring routine radiation ex-
posure monitoring in fixed railroad locations, such as 
yards and repair facilities; and 
(4) a review of the effectiveness of the Depart-
ment’s packaging requirements for radioactive materials. 
(b) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Secretary of Transportation 
shall transmit a report on the results of the study required 
by subsection (a) and any recommendations to further protect 
employees of a railroad carrier or of a contractor or subcon-
tractor to a railroad carrier from unsafe exposure to radi-
ation during the transportation of high-level radioactive waste 
and spent nuclear fuel to the Senate Committee on Com-
merce, Science, and Transportation and the House of Rep-
•HRES 1492 EH 
resentatives Committee on Transportation and Infrastruc-
ture. 
(c) REGULATORY AUTHORITY.—The Secretary of Trans-
portation may issue regulations that the Secretary determines 
appropriate, pursuant to the report required by subsection 
(b), to protect railroad employees from unsafe exposure to ra-
diation during the transportation of radioactive materials. 
SEC. 412. ALCOHOL AND CONTROLLED SUBSTANCE TESTING 
FOR MAINTENANCE-OF-WAY EMPLOYEES. 
Not later than 2 years following the date of enactment 
of this Act, the Secretary of Transportation shall complete a 
rulemaking proceeding to revise the regulations prescribed 
under section 20140 of title 49, United States Code, to cover 
all employees of railroad carriers and contractors or sub-
contractors to railroad carriers who perform maintenance-of- 
way activities. 
SEC. 413. EMERGENCY ESCAPE BREATHING APPARATUS. 
(a) AMENDMENT.—Subchapter II of chapter 201, as 
amended by section 409 of this division, is further amended 
by adding at the end the following new section: 
‘‘§ 20166. Emergency escape breathing apparatus 
‘‘Not later than 18 months after the date of enactment 
of the Rail Safety Improvement Act of 2008, the Secretary 
of Transportation shall prescribe regulations that require 
railroad carriers—
100 
•HRES 1492 EH 
‘‘(1) to provide emergency escape breathing appa-
ratus suitable to provide head and neck coverage with 
respiratory protection for all crewmembers in locomotive 
cabs on freight trains carrying hazardous materials that 
would pose an inhalation hazard in the event of release; 
‘‘(2) to provide convenient storage in each freight 
train locomotive to enable crewmembers to access such 
apparatus quickly; 
‘‘(3) to maintain such equipment in proper working 
condition; and 
‘‘(4) to provide their crewmembers with appropriate 
training for using the breathing apparatus.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 409 of this division, 
is amended by inserting after the item relating to section 
20165 the following: 
‘‘20166. Emergency escape breathing apparatus.’’. 
SEC. 414. TUNNEL INFORMATION. 
Not later than 120 days after the date of enactment of 
this Act, each railroad carrier shall, with respect to each of 
its tunnels which— 
(1) are longer than 1000 feet and located under a 
city with a population of 400,000 or greater; or 
(2) carry 5 or more scheduled passenger trains per 
day, or 500 or more carloads of poison- or toxic-by-inha-
lation hazardous materials (as defined in parts 171.8,
101 
•HRES 1492 EH 
173.115, and 173.132 of title 49, Code of Federal Regu-
lations) per year, 
maintain, for at least two years, historical documentation of 
structural inspection and maintenance activities for such tun-
nels, including information on the methods of ingress and 
egress into and out of the tunnel, the types of cargos typically 
transported through the tunnel, and schematics or blueprints 
for the tunnel, when available. Upon request, a railroad car-
rier shall provide periodic briefings on such information to 
the governments of the local jurisdiction in which the tunnel 
is located, including updates whenever a repair or rehabilita-
tion project substantially alters the methods of ingress and 
egress. Such governments shall use appropriate means to pro-
tect and restrict the distribution of any security sensitive in-
formation (as defined in part 1520.5 of title 49, Code of Fed-
eral Regulations) provided by the railroad carrier under this 
section, consistent with national security interests. 
SEC. 415. MUSEUM LOCOMOTIVE STUDY. 
(a) STUDY.—The Secretary shall conduct a study of the 
requirements relating to safety inspections of diesel-electric 
locomotives and equipment that are operated in limited serv-
ice by railroad-related museums, historical societies, and tour-
ist or scenic railroads. The study shall include an analysis of 
the safety consequences of requiring less frequent inspections 
of such locomotives and equipment, including periodic inspec-
102 
•HRES 1492 EH 
tions or inspections based on service days and air brake in-
spections. 
(b) REPORT.—Not later than 2 years after the date of 
enactment of this Act, the Secretary shall transmit a report 
on the results of the study conducted under subsection (a) to 
the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
SEC. 416. SAFETY INSPECTIONS IN MEXICO. 
Mechanical and brake inspections of rail cars performed 
in Mexico shall not be treated as satisfying United States rail 
safety laws or regulations unless the Secretary of Transpor-
tation certifies that— 
(1) such inspections are being performed under reg-
ulations and standards equivalent to those applicable in 
the United States; 
(2) the inspections are being performed by employ-
ees that have received training similar to the training re-
ceived by similar railroad employees in the United 
States; 
(3) inspection records that are required to be avail-
able to the crewmembers on board the train, including 
air slips and blue cards, are maintained in both English 
and Spanish, and such records are available to the Fed-
eral Railroad Administration for review; and
103 
•HRES 1492 EH 
(4) the Federal Railroad Administration is per-
mitted to perform onsite inspections for the purpose of 
ensuring compliance with the requirements of this sub-
section. 
SEC. 417. RAILROAD BRIDGE SAFETY ASSURANCE. 
(a) IN GENERAL.—Not later than 12 months after the 
date of enactment of this Act, the Secretary shall promulgate 
a regulation requiring owners of track carried on one or more 
railroad bridges to adopt a bridge safety management pro-
gram to prevent the deterioration of railroad bridges and re-
duce the risk of human casualties, environmental damage, 
and disruption to the Nation’s railroad transportation system 
that would result from a catastrophic bridge failure. 
(b) REQUIREMENTS.—The regulations shall, at a min-
imum, require each track owner to— 
(1) to develop and maintain an accurate inventory 
of its railroad bridges, which shall identify the location 
of each bridge, its configuration, type of construction, 
number of spans, span lengths, and all other information 
necessary to provide for the safe management of the 
bridges; 
(2) to ensure that a professional engineer competent 
in the field of railroad bridge engineering, or a qualified 
person under the supervision of the track owner, deter-
mines bridge capacity;
105 
•HRES 1492 EH 
(A) is responsible for the development of all in-
spection procedures; 
(B) reviews all inspection reports; and 
(C) determines whether bridges are being in-
spected according to the applicable procedures and 
frequency, and reviews any items noted by an in-
spector as exceptions; and 
(8) to designate qualified bridge inspectors or main-
tenance personnel to authorize the operation of trains on 
bridges following repairs, damage, or indications of po-
tential structural problems. 
(c) USE
OF BRIDGE MANAGEMENT PROGRAMS RE-
QUIRED.—The Secretary shall instruct bridge experts to ob-
tain copies of the most recent bridge management programs 
of each railroad within the expert’s areas of responsibility, 
and require that experts use those programs when conducting 
bridge observations. 
(d) REVIEW OF DATA.—The Secretary shall establish a 
program to periodically review bridge inspection and mainte-
nance data from railroad carrier bridge inspectors and Fed-
eral Railroad Administration bridge experts.
106 
•HRES 1492 EH 
SEC. 418. RAILROAD SAFETY INFRASTRUCTURE IMPROVEMENT 
GRANTS. 
(a) IN GENERAL.—Subchapter II of chapter 201, as 
amended by section 413 of this division, is further amended 
by adding at the end thereof the following: 
‘‘§ 20167. Railroad safety infrastructure improvement 
grants 
‘‘(a) GRANT PROGRAM.—The Secretary of Transpor-
tation shall establish a grant program for safety improve-
ments to railroad infrastructure, including the acquisition, 
improvement, or rehabilitation of intermodal or rail equip-
ment or facilities, including track, bridges, tunnels, yards, 
buildings, passenger stations, facilities, and maintenance and 
repair shops. 
‘‘(b) ELIGIBILITY.—Grants shall be made under this sec-
tion to eligible passenger and freight railroad carriers, and 
State and local governments for projects described in sub-
section (a). Grants shall also be made available to assist a 
State or political subdivision thereof in establishing a quiet 
zone pursuant to part 222 of title 49, Code of Federal Regu-
lations. 
‘‘(c) CONSIDERATIONS.—In awarding grants, the Sec-
retary shall consider, at a minimum— 
‘‘(1) the age and condition of the rail infrastructure 
of the applicant;
107 
•HRES 1492 EH 
‘‘(2) the railroad carrier’s safety record, including 
accident and incident numbers and rates; 
‘‘(3) the volume of hazardous materials transported 
by the railroad; 
‘‘(4) the operation of passenger trains over the rail-
road; and 
‘‘(5) whether the railroad carrier has submitted a 
railroad safety risk reduction program, as required by 
section 20156. 
‘‘(d) MATCHING REQUIREMENTS.—Federal funds for 
any eligible project under this section shall not exceed 50 per-
cent of the total cost of such project. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Transpor-
tation $5,000,000 for each of fiscal years 2010 through 2013 
to carry out this section. Amounts appropriated pursuant to 
this subsection shall remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 413 of this division, 
is amended by inserting after the item relating to section 
20166 the following: 
‘‘20167. Railroad safety infrastructure improvement grants.’’. 
SEC. 419. PROMPT MEDICAL ATTENTION. 
(a) IN GENERAL.—Section 20109 is amended— 
(1) by redesignating subsections (c) through (i) as 
subsections (d) through (j), respectively; and
108 
•HRES 1492 EH 
(2) by inserting after subsection (b) the following: 
‘‘(c) PROMPT MEDICAL ATTENTION.— 
‘‘(1) PROHIBITION.—A railroad carrier or person 
covered under this section may not deny, delay, or inter-
fere with the medical or first aid treatment of an em-
ployee who is injured during the course of employment. 
If transportation to a hospital is requested by an em-
ployee who is injured during the course of employment, 
the railroad shall promptly arrange to have the injured 
employee transported to the nearest hospital where the 
employee can receive safe and appropriate medical care. 
‘‘(2) DISCIPLINE.—A railroad carrier or person cov-
ered under this section may not discipline, or threaten 
discipline to, an employee for requesting medical or first 
aid treatment, or for following orders or a treatment 
plan of a treating physician, except that a railroad car-
rier’s refusal to permit an employee to return to work 
following medical treatment shall not be considered a 
violation of this section if the refusal is pursuant to Fed-
eral Railroad Administration medical standards for fit-
ness of duty or, if there are no pertinent Federal Rail-
road Administration standards, a carrier’s medical 
standards for fitness for duty. For purposes of this para-
graph, the term ‘discipline’ means to bring charges 
against a person in a disciplinary proceeding, suspend,
109 
•HRES 1492 EH 
terminate, place on probation, or make note of rep-
rimand on an employee’s record.’’. 
(b) CONFORMING
AMENDMENTS.—Section 20109 is 
amended— 
(1) in subsection (d), as redesignated by subsection 
(a) of this section— 
(A) by striking ‘‘(a) or (b)’’ in paragraph (1) 
and inserting ‘‘(a), (b), or (c)’’; 
(B) by striking ‘‘(c)(1)’’ in paragraph (2)(A)(i) 
and inserting ‘‘(d)(1)’’; 
(C) by striking ‘‘(a) or (b)’’ in paragraph 
(2)(A)(ii) and inserting ‘‘(a), (b), or (c)’’; and 
(2) in subsection (e), as so redesignated— 
(A) by striking ‘‘(c)’’ in paragraph (1) and in-
serting ‘‘(d)’’; 
(B) by striking ‘‘(c)’’ in paragraph (2) and in-
serting ‘‘(d)’’; 
(C) by striking ‘‘(c)(3)’’ in paragraph (2) and 
inserting ‘‘(d)(3)’’; and 
(D) by striking ‘‘(c)’’ in paragraph (3) and in-
serting ‘‘(d)’’. 
SEC. 420. EMPLOYEE SLEEPING QUARTERS. 
Section 21106 is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A 
railroad carrier’’;
110 
•HRES 1492 EH 
(2) by striking ‘‘sanitary and give those employees 
and individuals an opportunity for rest free from the 
interruptions caused by noise under the control of the 
carrier;’’ in paragraph (1) and inserting ‘‘sanitary, give 
those employees and individuals an opportunity for rest 
free from the interruptions caused by noise under the 
control of the carrier, and provide indoor toilet facilities, 
potable water, and other features to protect the health 
of employees;’’; and 
(3) by adding at the end the following: 
‘‘(b) CAMP CARS.—Not later than December 31, 2009, 
any railroad carrier that uses camp cars shall fully retrofit 
or replace such cars in compliance with subsection (a). 
‘‘(c) REGULATIONS.—Not later than April 1, 2010, the 
Secretary of Transportation, in coordination with the Sec-
retary of Labor, shall prescribe regulations to implement sub-
section (a)(1) to protect the safety and health of any employ-
ees and individuals employed to maintain the right of way of 
a railroad carrier that uses camp cars, which shall require 
that all camp cars comply with those regulations by Decem-
ber 31, 2010. In prescribing the regulations, the Secretary 
shall assess the action taken by any railroad carrier to fully 
retrofit or replace its camp cars pursuant to this section. 
‘‘(d) COMPLIANCE AND ENFORCEMENT.—The Secretary 
shall determine whether a railroad carrier has fully retrofitted