railroad carriers by the Federal Communications Commis-
sion and may disclose or use the information thereby ob-
tained, for the purposes and to the extent permitted by 
section 20107(c) of title 49.’’. 
(c) AMENDMENT.—Section 20107(b) is amended by 
striking ‘‘at reasonable times’’ and inserting in its place 
the following: ‘‘in circumstances determined by the Sec-
retary in the Secretary’s discretion to be reasonable’’. 
SEC. 304. AUTHORITY TO DISQUALIFY INDIVIDUALS FROM 
PERFORMING SAFETY-SENSITIVE FUNCTIONS 
IN THE RAILROAD INDUSTRY BASED ON 
THEIR VIOLATION OF HAZARDOUS MATERIAL 
TRANSPORTATION LAW. 
Section 20111(c) is amended to read as follows: 
‘‘(c) ORDERS PROHIBITING INDIVIDUALS FROM PER-
FORMING SAFETY-SENSITIVE FUNCTIONS.—(1) If an in-
dividual’s violation of this part, chapter 51 of this title, 
or a regulation prescribed, or an order issued, by the Sec-
retary under this part or chapter 51 of this title is shown 
to make that individual unfit for the performance of safe-
ty-sensitive functions, the Secretary, after providing notice 
and an opportunity for a hearing, may issue an order pro-
hibiting the individual from performing safety-sensitive 
functions in the railroad industry for a specified period 
of time or until specified conditions are met. 
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‘‘(2) This subsection does not affect the Secretary’s 
authority under section 20104 of this title to act on an 
emergency basis.’’. 
SEC. 
305. 
TECHNICAL 
AMENDMENTS 
REGARDING 
EN-
FORCEMENT BY THE ATTORNEY GENERAL. 
Section 20112(a) is amended— 
(1) in paragraph (1), by inserting ‘‘this part, 
except for section 20109 of this title, or’’ before ‘‘a 
railroad safety regulation’’; 
(2) in paragraph (2), by inserting ‘‘, 21302, or 
21303’’ after ‘‘section 21301’’; and 
(3) in paragraph (3), by inserting after ‘‘sub-
pena’’ the following: ‘‘request for admissions, re-
quest for production of documents or other tangible 
things, or request for testimony by deposition’’ and 
by striking ‘‘chapter’’ and substituting ‘‘part’’. 
SEC. 306. UNIFIED TREATMENT OF FAMILIES OF RAILROAD 
CARRIERS PROVIDING INTEGRATED RAIL-
ROAD OPERATIONS. 
Section 20102(2) is amended to read as follows: 
‘‘(2) ‘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 
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Secretary may, by order, treat the group of railroad 
carriers as a single railroad carrier for purposes of 
one or more provisions of part A, subtitle V, of this 
title and implementing regulations and orders, sub-
ject to any appropriate conditions that the Secretary 
may impose.’’. 
SEC. 307. HOURS OF SERVICE REFORM. 
(a) REPEAL.—Chapter 211 is repealed and reserved 
upon the effective date of the regulations prescribed under 
section 20158, as added by subsection (c) of this section. 
(b) AMENDMENT.—Upon the effective date of the 
regulations prescribed under section 20158, as added by 
subsection (c) of this section— 
(1) the first sentence of section 20103(a) as 
amended by this Act is further amended to read as 
follows: 
‘‘(1) The Secretary of Transportation, as nec-
essary, shall prescribe regulations and issue orders 
for every area of railroad safety— 
‘‘(A) superseding the Federal hours of 
service laws formerly codified at chapter 211 of 
this title and regulations and orders pursuant 
to those laws; and 
‘‘(B) supplementing other regulations and 
other laws in effect on October 16, 1970.’’; and 
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(2) the second sentence of section 20103(a) as 
amended by this Act is designated as paragraph (2). 
(c) AMENDMENT.—Chapter 201 as amended by this 
Act is further amended by adding at the end the following 
new section: 
‘‘§ 20158. Fatigue, including hours of service 
‘‘(a) MANDATE TO CONVERT STATUTE TO REGULA-
TIONS; NONREVIEWABILITY; REPEAL OF CHAPTER 211.— 
(1) The Secretary of Transportation shall prescribe regu-
lations embodying the substantive provisions of the Fed-
eral hours of service laws codified at sections 21101– 
21106 and 21108 of this title and in so doing may make 
changes necessary to transform those provisions into regu-
latory form. 
‘‘(2) Notwithstanding any other provision of law, 
these regulations shall not be subject to judicial review. 
‘‘(3) Upon the effective date of the regulations pre-
scribed under this subsection (a) (the status quo regula-
tions), chapter 211 of this title is repealed and reserved. 
‘‘(b) AUTHORITY TO PRESCRIBE AMENDMENTS TO 
THE STATUS QUO REGULATIONS.—After the Secretary 
has prescribed the regulations mandated by subsection (a) 
and after the regulations mandated by subsection (a) have 
become effective, the Secretary may amend the regulations 
as the Secretary deems necessary in accordance with the 
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Secretary’s general authority under section 20103 of this 
title, to prevent and mitigate fatigue among individuals 
performing safety-critical duties in train and engine serv-
ice, signal or train control service, or dispatching service, 
whether or not directly employed by a railroad carrier, 
providing however that, before prescribing any initial 
amendments to the regulations mandated by subsection 
(a) for a particular category of employees, the Secretary 
shall follow the procedures set forth in subsection (c). 
‘‘(c) PROCEDURES FOR PRESCRIBING INITIAL REGU-
LATORY AMENDMENTS.—(1) Prior to proposing any ini-
tial regulatory amendment to the regulations mandated by 
subsection (a), the Secretary shall request— 
‘‘(A) that the Railroad Safety Advisory Com-
mittee accept the task of developing consensus rec-
ommendations to the Secretary on the problem of fa-
tigue experienced by individuals performing any one 
or more of the following types of service: train and 
engine service, signal or train control service, or dis-
patching service; and 
‘‘(B) that the Committee communicate in writ-
ing to the Secretary its decision whether or not to 
accept the task. 
‘‘(2) If the Committee timely accepts the task with 
respect to a particular type of service, it shall assist the 
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