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purpose of accident prevention and accident inves-
tigation. 
‘‘(3) USE OF INFORMATION.—(A) Information 
obtained through activities authorized by paragraphs 
(1) and (2) shall not be admitted into evidence in 
any administrative or judicial proceeding except— 
‘‘(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 re-
garding the existence, electronic characteristics, 
content, substance, purport, effect, meaning, or 
timing of, or identity of parties to, a commu-
nication 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 subparagraph (A), the court, administrative law 
judge, or other officer before whom the proceeding 
is conducted may make such protective orders re-
garding the confidentiality or use of the information 
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as may be appropriate in the circumstances to pro-
tect privacy and administer justice. 
‘‘(C) No evidence shall be excluded in an ad-
ministrative or judicial proceeding solely because the 
government would not have learned of the existence 
of or obtained such evidence but for the interception 
of information that is not admissible in such pro-
ceeding under subparagraph (A). 
‘‘(D) Information obtained through activities 
set forth in paragraphs (1) and (2) shall not be sub-
ject to publication or disclosure, or search or review 
in connection therewith, under section 552 of title 5. 
‘‘(E) Nothing in this subsection shall be con-
strued to impair or otherwise affect the authority of 
the United States to intercept a communication, and 
collect, retain, analyze, use, and disseminate the in-
formation obtained thereby, under a provision of law 
other than this subsection. 
‘‘(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 authorized by and pursuant to this sub-
section.’’. 
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SEC. 508. INSPECTOR STAFFING. 
The Secretary shall increase the total number of posi-
tions for railroad safety inspection and enforcement per-
sonnel at the Federal Railroad Safety Administration so 
that by December 31, 2008, the total number of such posi-
tions is at least 500, by December 31, 2009, the total 
number of such positions is at least 600, by December 
31, 2010, the total number of such positions is at least 
700, and by December 31, 2011, the total number of posi-
tions is at least 800. 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
SEC. 601. POSITIVE TRAIN CONTROL SYSTEMS. 
(a) IN GENERAL.—Not later than 12 months after 
the date of enactment of this Act, each Class I railroad 
carrier shall develop and submit to the Secretary a plan 
for implementing a positive train control system by De-
cember 31, 2014, that will minimize the risk of train colli-
sions and over-speed derailments, provide protection to 
maintenance-of-way workers within established work zone 
limits, and minimize the risk of the movement of a train 
through a switch left in the wrong position. 
(b) SAFETY REDUNDANCY.—The positive train con-
trol system required under subsection (a) shall provide a 
safety redundancy to minimize the risk of accidents by 
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overriding human performance failures involving train 
movements on main line tracks. 
(c) CONTENTS OF PLAN.—The Secretary may pro-
vide technical assistance and guidance to railroad carriers 
in developing the plans required under subsection (a), and 
shall require that each railroad carrier include in the plan, 
at a minimum— 
(1) measurable goals, including a strategy and 
timeline for implementation of such systems; 
(2) a prioritization of how the systems will be 
implemented, with particular emphasis on high-risk 
corridors such as those that have significant move-
ments of hazardous materials or where commuter 
and intercity passenger railroads operate; 
(3) identification of detailed steps the carriers 
will take to implement the systems; and 
(4) any other element the Secretary considers 
appropriate. 
(d) REVIEW AND APPROVAL.—Not later than 90 days 
after the Secretary receives a plan, the Secretary shall re-
view and approve it. 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 defi-
cient, and the railroad carrier shall correct all deficiencies 
within 30 days following receipt of written notice from the 
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Secretary. The Secretary shall annually conduct a review 
to ensure that the railroads are complying with their 
plans. 
(e) REPORT.—Not later than December 31, 2011, the 
Secretary shall transmit a report to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, 
and Transportation of the Senate on the progress of the 
railroad carriers in implementing such positive train con-
trol systems. 
(f) AUTHORITY TO EXTEND DEADLINE.—The Sec-
retary may extend the date for implementation required 
under subsection (a) for any Class I railroad carrier for 
a period of not more than 24 months if the Secretary de-
termines such an extension is necessary— 
(1) to implement a more effective positive train 
control system than would be possible under the date 
established in subsection (a); 
(2) to obtain interoperability between positive 
train control systems implemented by railroad car-
riers; 
(3) for the Secretary to determine that a posi-
tive train control system meets the requirements of 
this section and regulations issued by the Secretary; 
or 
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(4) to otherwise enhance safety. 
(g) CERTIFICATION.—The Secretary shall not permit 
the installation of any positive train control system or 
component unless the Secretary has certified that such 
system or component has not experienced a safety-critical 
failure during prior testing and evaluation. If such a fail-
ure has occurred, the system or component may be re-
paired and evaluated in accordance with part 236 of title 
49 of the Code of Federal Regulations and may be in-
stalled when the Secretary certifies that the factors caus-
ing the failure have been corrected and approves the sys-
tem for installation in accordance with such part 236. 
(h) NOTICE.—Not later than 30 days after the Sec-
retary grants an extension under subsection (f), the Sec-
retary shall publish a notice in the Federal Register that 
identifies the Class I railroad carrier that is being granted 
the extension, the reasons for granting the extension, and 
the length of the extension. 
SEC. 602. WARNING IN NONSIGNALED TERRITORY. 
(a) AMENDMENT.—Subchapter II of chapter 201 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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‘‘§ 20158. Warning in nonsignaled territory 
‘‘Not later than 12 months after the date of enact-
ment of the Federal Railroad Safety Improvement Act of 
2007, the Secretary of Transportation shall prescribe reg-
ulations that require railroads, with respect to main lines 
in nonsignaled territory without a train speed enforcement 
system that would stop a train in advance of a misaligned 
switch, to either— 
‘‘(1) install an automatically activated device, in 
addition to the switch banner, that will, visually or 
electronically, compellingly capture the attention of 
the employees involved with switch operations and 
clearly convey the status of the switch both in day-
light and darkness; or 
‘‘(2) operate trains at speeds that will allow 
them to be safely stopped in advance of misaligned 
switches.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘20158. Warning in nonsignaled territory.’’. 
SEC. 603. TRACK SAFETY. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
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further amended by adding at the end the following new 
section: 
‘‘§ 20159. Track safety 
‘‘(a) RAIL INTEGRITY.—Not later than 12 months 
after the date of enactment of the Federal Railroad Safety 
Improvement Act of 2007, the Secretary of Transpor-
tation shall prescribe regulations to require railroad car-
riers to manage the rail in their tracks so as to minimize 
accidents due to internal rail flaws. The regulations shall, 
at a minimum— 
‘‘(1) require railroad carriers to conduct ultra-
sonic or other appropriate inspections to ensure that 
rail used to replace defective segments of existing 
rail is free from internal defects; 
‘‘(2) require railroad carriers to perform rail in-
tegrity inspections to manage an annual service fail-
ure rate of less than .1 per track mile on high-risk 
corridors such as those that have significant move-
ments of hazardous materials or where commuter 
and intercity passenger railroads operate; and 
‘‘(3) encourage railroad carrier use of advanced 
rail defect inspection equipment and similar tech-
nologies as part of a comprehensive rail inspection 
program. 
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‘‘(b) CONCRETE CROSSTIES.—Not later than 18 
months after the date of enactment of the Federal Rail-
road Safety Improvement Act of 2007, the Secretary shall 
develop and implement regulations for all classes of track 
for concrete crossties that address, at a minimum— 
‘‘(1) limits for rail seat abrasion; 
‘‘(2) concrete crosstie 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.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘20159. Track safety.’’. 
SEC. 604. CERTIFICATION OF CONDUCTORS. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20160. Certification of conductors 
‘‘(a) REGULATIONS.—Not later than 18 months after 
the date of enactment of the Federal Railroad Safety Im-
provement Act of 2007, the Secretary of Transportation 
shall prescribe regulations and issue orders to establish 
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a program requiring the certification of train conductors. 
In prescribing such regulations, the Secretary shall require 
that conductors on passenger trains be trained in security, 
first aid, and emergency preparedness. 
‘‘(b) PROGRAM DESIGN.—The program established 
under this section shall be designed based on the require-
ments of section 20135(b) through (e).’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘20160. Certification of conductors.’’. 
SEC. 605. MINIMUM TRAINING STANDARDS. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this Act, is 
further amended by adding at the end the following new 
section: 
‘‘§ 20161. Minimum training standards 
‘‘The Secretary of Transportation shall, not later 
than 180 days after the date of enactment of the Federal 
Railroad Safety Improvement Act of 2007, establish— 
‘‘(1) minimum training standards for each class 
and craft of railroad employees, which shall require 
railroad carriers to qualify or otherwise document 
the proficiency of their employees in each class and 
craft regarding their knowledge of, and ability to 
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