I 
114TH CONGRESS 
2D SESSION 
H. R. 5831 
To require the Secretary of Transportation to establish and implement a 
fatigue management plan, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2016 
Ms. DELAURO introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To require the Secretary of Transportation to establish and 
implement a fatigue management plan, 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. FATIGUE MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall require all railroad carriers to establish and 
implement a fatigue management plan that identifies and 
evaluates any fatigue-related railroad safety hazards on its 
system and determine the degree of risk associated with 
each hazard. 
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(b) CONTENTS.—The plan required under subsection 
(a) shall be completed in accordance with the requirements 
in section 20156(f) of title 49, United States Code. 
(c) SUBMISSION.—The plan required under sub-
section (a) shall be submitted to the Secretary for ap-
proval. 
(d) CONSENSUS.—In preparing the plan required 
under subsection (a), each railroad shall use good faith 
and best efforts in accordance with section 20156(g) of 
such title to reach an agreement with affected employees. 
SEC. 2. HOURS OF SERVICE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall ensure that railroad carriers provide railroad 
employees with predictable and defined work and rest 
schedules. Predictable work schedules for railroad employ-
ees means either a defined start time or a minimum of 
10 hours prior notification before being required to report 
to duty. 
(b) SUPPLEMENTAL
REGULATION.—Any require-
ment under subsection (a) shall supplement, and not sup-
plant, the requirements of section 21103 of title 49, 
United States Code. 
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SEC. 3. ENFORCEMENT OF VIOLATIONS. 
(a) ENFORCEMENT BY THE SECRETARY OF TRANS-
PORTATION.—Section 20111 of title 49, United States 
Code, is amended— 
(1) in subsection (a)(1) by inserting ‘‘, except 
that a compromise may not reduce the penalty below 
the applicable minimum penalty set forth in sections 
21301 and 21302’’ before the semicolon; and 
(2) by adding at the end the following: 
‘‘(e) MANDATORY ENFORCEMENT.—For any viola-
tion for which a penalty is prescribed under this chapter, 
the Secretary shall impose the applicable penalty for such 
violation. The Secretary shall impose such penalty not 
later than 30 days after the violation has occurred without 
regard to any correction of such violation on the part of 
the party liable for such violation.’’. 
(b) CERTAIN FEDERAL AND STATE REGULATIONS 
DEEMED STATUTORY AUTHORITY.—Section 4A of the 
Act of April 22, 1908 (45 U.S.C. 54a), is amended by 
inserting ‘‘a State or’’ before ‘‘a State agency’’. 
SEC. 4. INSTALLATION OF AUDIO AND IMAGE RECORDING 
DEVICES. 
Section 20168 of title 49, United States Code, is 
amended— 
(1) in subsection (b)— 
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(5) by adding at the end the following: 
‘‘(k) VOLUNTARY IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—Each rail carrier operating 
freight rail service may implement any inward- or 
outward-facing image recording devices approved 
under subsection (c). 
‘‘(2) AUTHORIZED USES.—Notwithstanding any 
other provision of law, each rail carrier operating 
freight rail service may use recordings from an 
inward- or outward-facing image recording device 
approved under subsection (c) only for the purposes 
described in subsection (d) and in compliance with 
subsections (f) through (j).’’. 
Æ 
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