provide assistance to such parties in the drafting of 
the plan and amendments to the plan. 
‘‘(C) If the railroad carrier and its directly af-
fected employees (including any labor organization 
representing a class or craft of directly affected em-
ployees of the railroad carrier) cannot reach con-
sensus on the proposed contents 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 employees and labor 
organizations representing a class or craft of di-
rectly affected 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. 
‘‘(b) ELEMENTS
OF
THE FATIGUE MANAGEMENT 
PLAN.—
‘‘(1) 
CONSIDERATION
OF
VARYING
CIR-
CUMSTANCES.—Each plan filed with the Secretary 
under the procedures of subsection (a) shall take 
into account the varying circumstances of operations 
by the railroad carrier on different parts of its sys-
tem, and shall prescribe appropriate fatigue counter-
measures to address those varying circumstances.
‘‘(2) ISSUES
AFFECTING
ALL
EMPLOYEES.—
With respect to all directly affected employees, in-
cluding scheduled employees and nonscheduled em-
ployees, the railroad carrier shall consider the need 
to include in its fatigue management plan elements 
addressing each of the following issues: 
‘‘(A) Education and training on the phys-
iological 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, diag-
nosis, and treatment of sleep disorders, includ-
ing—
‘‘(i) screenings as part of required 
physical examinations; 
‘‘(ii) questionnaires to identify em-
ployees at risk; and 
‘‘(iii) home screening of employees, 
with the results thereof assessed by physicians 
with a specialization in sleep disorders. 
‘‘(C) Effects on employee fatigue of emer-
gency response involving both short-term emer-
gency situations, including derailments, and
long-term emergency situations, including nat-
ural disasters. 
‘‘(D) Scheduling practices involving train 
lineups and calling times, including work/rest 
cycles for shift workers and on-call employees 
that permit employees to compensate for cumu-
lative sleep loss by guaranteeing a minimum 
number of consecutive days off (exclusive of 
time off due to illness or injury). 
‘‘(E) Minimizing the incidence of fatigue 
due to rotating shifts. 
‘‘(F) The effects of staffing levels and 
workloads on fatigue. 
‘‘(G) Alertness strategies, such as policies 
on napping, to address acute sleepiness and fa-
tigue while an employee is on duty. 
‘‘(H) Opportunities to obtain restful sleep 
at lodging facilities, including sleeping quarters 
provided by the railroad carrier. 
‘‘(I) In connection with the scheduling of a 
duty call, increasing the number of consecutive 
hours of rest off duty, during which an em-
ployee receives no communication from the em-
ploying railroad carrier or its managers, super-
visors, officers, or agents.
‘‘(J) Avoiding abrupt changes in rest cy-
cles for employees returning to duty after an 
extended absence due to circumstances such as 
illness, injury, or vacation. 
‘‘(3) ISSUES AFFECTING NONSCHEDULED EM-
PLOYEES.—With respect only to nonscheduled em-
ployees, the railroad carrier shall consider the need 
to include in its fatigue management plan elements 
addressing each of the following issues: 
‘‘(A) Lengthening the notice provided to 
an employee of the time to report for duty. 
‘‘(B) Work/rest cycles that guarantee a 
greater minimum number of consecutive days 
off than is afforded to scheduled employees (ex-
clusive of time off due to illness or injury). 
‘‘(c) WAIVER.—
‘‘(1) PETITION.—A railroad carrier and all 
labor organizations representing any class or craft of 
directly affected employees of the railroad carrier 
may jointly request, as part of a proposed fatigue 
management plan, the waiver of any provisions of 
this chapter. The Secretary shall publish any peti-
tion for such a waiver in the Federal Register and 
shall provide all parties an opportunity to comment 
on the petition. The Secretary shall also, on the re-
quest of any interested party, conduct a hearing on 
the petition. 
‘‘(2) AUTHORITY TO WAIVE.—The Secretary is 
authorized to waive any provision of this chapter 
pursuant to a request under paragraph (1) or para-
graph (3) if the petition demonstrates to the Sec-
retary’s satisfaction that—
‘‘(A) the waiver permits procedures that 
are essential to achieving the objectives of re-
ducing fatigue and enhancing safety, which 
would not be lawful without the waiver; and 
‘‘(B) the plan effectively protects the safe-
ty interest addressed by the provision to be 
waived. 
‘‘(3) 
WHEN
EMPLOYEES
ARE
NOT
REP-
RESENTED
BY
LABOR
ORGANIZATIONS.—In the 
event that labor organizations do not represent 
classes or crafts of directly affected employees of a 
railroad carrier, the railroad carrier may, after con-
sulting with all of its directly affected employees or 
employee groups in drafting the waiver request, re-
quest the waiver of any provisions of this chapter, 
subject to the same conditions and procedures as a 
request made under paragraph (1). 
‘‘(d) COMPLIANCE AND ENFORCEMENT.—
‘‘(1) COMPLIANCE
REQUIREMENT.—Effective 
upon approval or prescription of a fatigue manage-
ment plan and amendments thereto under this sec-
tion, compliance with that fatigue management plan 
and those amendments becomes mandatory and en-
forceable by the Secretary. 
‘‘(2) EFFECTIVE
DATE.—A fatigue manage-
ment plan may include effective dates later than the 
date of approval of the plan, and may include dif-
ferent effective dates for different parts of the plan. 
‘‘(3) AUDITS.—To enforce this section, the Sec-
retary may conduct inspections and periodic audits 
of a railroad carrier’s compliance with its fatigue 
management plan. 
‘‘(e) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘directly affected employees’ 
means employees, including employees of an inde-
pendent contractor, to whose hours of service the 
terms of a fatigue management plan specifically 
apply; 
‘‘(2) the term ‘interested party’ includes a labor 
organization representing employees of a railroad 
carrier performing work similar to the work per-
formed by the directly affected employees (who are 
not members of a labor organization) of another
railroad carrier requesting a waiver under subsection 
(c); 
‘‘(3) the term ‘nonscheduled employee’ means 
an employee that is not a scheduled employee; and 
‘‘(4) 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. CONFORMING AMENDMENTS. 
(a) Section 21102(a)(4) is amended by striking ‘‘offi-
cer or agent’’ and inserting ‘‘manager, supervisor, officer, 
or agent’’. 
(b) Section 21303(a)(1) is amended by inserting ‘‘or 
21109’’ after ‘‘section 21108’’. 
(c) Section 21303(c) is amended by striking ‘‘officers 
and agents’’ and inserting ‘‘managers, supervisors, offi-
cers, agents, and independent contractors’’. 
SEC. 108. LIMITATIONS ON DUTY HOURS OF TRANSPORT 
VEHICLE DRIVERS. 
(a) AMENDMENT.—Chapter 211 is amended by add-
ing at the end the following new section:
‘‘§ 21110. Limitations on duty hours of transport vehi-
cle drivers 
‘‘(a) GENERAL.—Except as provided in subsection (c) 
of this section, a railroad carrier and its managers, super-
visors, officers, and agents may not require or allow a 
transport vehicle driver to remain or go on duty—
‘‘(1) unless that transport vehicle driver has 
had at least 8 consecutive hours off duty, during 
which the transport vehicle driver receives no com-
munication from such employing railroad carrier or 
its managers, supervisors, officers, and agents, dur-
ing the prior 24 hours; 
‘‘(2) for a period in excess of 10 consecutive 
hours; 
‘‘(3) unless that transport vehicle driver has re-
ceived notice at least 8 hours before going on duty; 
and 
‘‘(4) unless that transport vehicle driver has 
had at least one period of at least 24 consecutive 
hours off duty in the past 7 days. 
In the case of a dually employed transport vehicle driver, 
a railroad carrier shall not be held responsible for violating 
this subsection because of the transport vehicle driver’s 
work schedule for another employer if none of the railroad 
carrier’s managers, supervisors, officers, and agents had 
actual knowledge of that work schedule. For purposes of
the preceding sentence, a railroad carrier’s managers, su-
pervisors, officers, and agents shall be considered to have 
actual knowledge of the work schedules of the transport 
vehicle driver employees of its independent contractors. A 
railroad carrier shall be held responsible for the actions 
of its independent contractors in requiring or allowing a 
transport vehicle driver to remain or go on duty. 
‘‘(b) DETERMINING TIME ON DUTY.—In determining 
under subsection (a) of this section the time a transport 
vehicle driver is on or off duty, the following rules apply: 
‘‘(1) Time on duty begins when the transport 
vehicle driver reports for duty and ends when the 
transport vehicle driver is finally released from duty. 
‘‘(2) Time when the transport vehicle driver is 
engaged in or connected with the movement of a 
transport motor vehicle is time on duty, even when 
such vehicle is not actually transporting employees 
of a railroad carrier or its independent contractor. 
‘‘(3) Time spent performing any other service 
for a railroad carrier or for an independent con-
tractor for the benefit of a railroad carrier during a 
24-hour period in which the transport vehicle driver 
is engaged in or connected with the movement of a 
transport motor vehicle is time on duty.
‘‘(c) EMERGENCIES.—A transport vehicle driver, who 
encounters an emergency and cannot, because of that 
emergency, safely complete a transportation assignment 
within the 10-hour maximum driving time permitted by 
subsection (a)(2), may drive and be permitted or required 
to drive a transport motor vehicle for not more than 2 
additional hours in order to complete that transportation 
assignment or to reach a place offering safety for the occu-
pants of the transport motor vehicle and security for the 
transport motor vehicle, if such transportation assignment 
reasonably could have been completed within such 10-hour 
period absent the emergency. A railroad carrier shall exer-
cise due diligence to avoid or limit excess service even in 
the event of an emergency. 
‘‘(d) NOTICE ABOUT DUAL EMPLOYMENT.—(1) Not 
later than January 31 each year, a railroad carrier shall 
inform each of its transport vehicle drivers in writing—
‘‘(A) that all time spent performing aggregate 
duty for one or more railroad carriers and one or 
more independent contractors counts as time on 
duty under this section; 
‘‘(B) about the transport vehicle driver’s re-
sponsibilities under paragraph (2); and
‘‘(C) about the penalties applicable under sec-
tion 21303 to a failure to comply with paragraph (2) 
of this subsection. 
‘‘(2) A dually employed transport vehicle driver 
shall—
‘‘(A) inform each of his or her railroad carrier 
and independent contractor employers in writing 
within 5 days after entering into an employment re-
lationship with an additional railroad carrier or inde-
pendent contractor; and 
‘‘(B) ensure that each of his or her railroad 
carrier and independent contractor employers is kept 
informed about the transport vehicle driver’s work 
schedule with each of the other employing railroad 
carriers and independent contractors. 
‘‘(3) A railroad carrier or independent contractor re-
ceiving written notification of dual employment shall re-
tain a copy of the notification for a period of two years 
after the termination of such dual employment status. A 
copy shall be made available to representatives of the Sec-
retary of Transportation for inspection and copying during 
normal business hours at the railroad carrier’s or inde-
pendent contractor’s system headquarters and at such 
subsystem headquarters as may be required by the Sec-
retary by regulation.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 211 is amended by adding after the 
item relating to section 21109 the following new item:
‘‘21110. Limitations on duty hours of transport vehicle drivers.’’.
SEC. 109. ELECTRONIC RECORDKEEPING. 
(a) AMENDMENT.—Chapter 211 is amended by add-
ing at the end the following new section: 
‘‘§ 21111. Electronic recordkeeping 
‘‘In rules or waivers issued under this part con-
cerning recordkeeping related to compliance with this 
chapter, the Secretary of Transportation shall, where ap-
propriate, permit that records be made, maintained, or 
submitted by electronic means. The Secretary shall ensure 
that railroad carriers making, maintaining, or submitting 
such records by electronic means—
‘‘(1) provide adequate training to their employ-
ees on how to use those electronic means; and 
‘‘(2) establish appropriate safeguards to ensure 
data integrity.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 211 is amended by adding after the 
item relating to 21110 the following new item:
‘‘21111. Electronic recordkeeping.’’.
SEC. 110. SPLIT SHIFTS. 
Section 21103, as amended by section 102 of this 
Act, is further amended by adding at the end the following 
new subsection: 
‘‘(e) SPLIT SHIFTS.—(1) A railroad carrier and its 
managers, supervisors, officers, and agents may require 
a train employee to work a split shift only if the split shift 
begins between 12:01 a.m. and 11:59 a.m. and ends before 
2:00 a.m. on the day following the day on which the shift 
begins. 
‘‘(2) For purposes of this subsection, the term ‘split 
shift’ means a tour of duty in which an employee, having 
just completed a rest period of at least 8 hours, reports 
for duty, works an initial work period, has an interim pe-
riod for rest of at least 4 hours but less than 8 hours 
at the employee’s designated terminal, and then works one 
or more additional work periods before being released for 
a rest period of at least 8 hours. 
‘‘(3) For railroad carriers providing commuter rail 
passenger transportation, as defined in section 24102 of 
this title, and with respect to train employees engaged in 
such transportation, this subsection shall take effect 90 
days after the date of the enactment of the Railroad Safe-
ty Reform Act of 2003. For railroad carriers other than 
those providing such commuter rail passenger transpor-
tation, and for train employees engaged in other forms of
railroad transportation, this subsection shall take effect 2 
years after the date of the enactment of the Railroad Safe-
ty Reform Act of 2003.’’. 
SEC. 111. ROTATING SHIFTS. 
(a) AMENDMENT.—Chapter 211 is amended by add-
ing at the end the following new section: 
‘‘§ 21112. Rotating shifts 
‘‘(a) GENERAL RULE.—Except as provided in sec-
tions 21103(c), 21104(c), and 21105(e), a railroad carrier 
and its managers, supervisors, officers, and agents may 
not require or allow an employee to report for duty to 
begin an 8-hour shift which begins at a time that is more 
than 4 hours earlier or more than 6 hours later than the 
time of day when that employee, within the previous 72 
hours, began a prior 8-hour shift. 
‘‘(b) DETERMINING TIME ON DUTY.—For purposes 
of this section, the rules for determining time on duty stat-
ed in sections 21103(b), 21104(b), and 21105(d), as ap-
propriate, shall apply. 
‘‘(c) STUDY.—Not later than 2 years after the date 
of the enactment of the Railroad Safety Reform Act of 
2003, the Secretary of Transportation shall transmit to 
the Congress the results of a study of—
‘‘(1) the effect of rotating shifts on employee 
fatigue; and
‘‘(2) alternative methods of preventing fatigue 
due to rotating shifts. 
Such report may include proposals for revisions to this 
chapter. 
‘‘(d) DEFINITION.—For purposes of this section, the 
term ‘8-hour shift’ means a period during which an em-
ployee is on duty for 8 consecutive hours or longer.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 211 is amended by adding at the end 
the following new item:
‘‘21112. Rotating shifts.’’.
SEC. 112. RECOMMENDATIONS ON HOURS OF SERVICE 
CHANGES. 
The Railroad Safety Advisory Committee shall con-
vene a working group to consider what legislative changes 
might be appropriate to chapter 211 of title 49, United 
States Code, relating to hours of service. Not later than 
9 months after the date of the enactment of this Act, the 
Advisory Committee shall report to the Administrator of 
the Federal Railroad Administration on whether it has 
reached consensus on any recommended changes, and if 
so what they are. The Administrator shall transmit the 
recommendations of the Advisory Committee to the Con-
gress. If the Advisory Committee has not reached con-
sensus on any recommendations, the Administrator shall, 
not later than 6 months after receiving the report of the
Advisory Committee, transmit to the Congress the Admin-
istrator’s recommendations for appropriate legislative 
changes to such chapter 211.
TITLE II—PROTECTION OF 
EMPLOYEES AND WITNESSES 
SEC. 201. EXPANSION OF EMPLOYEE PROTECTIONS. 
(a) PROTECTED
ACTIONS.—Section 20109(a) is 
amended to read as follows: 
‘‘(a) PROTECTED ACTIONS.—A railroad carrier en-
gaged in interstate or foreign commerce, and an officer 
or employee of such a railroad carrier, shall not by threat, 
intimidation, or otherwise attempt to prevent an employee 
from, or discharge, discipline, or in any way discriminate 
against an employee for—
‘‘(1) filing a complaint or bringing or causing 
to be brought a proceeding related to the enforce-
ment of this part or, as applicable to railroad safety, 
chapter 51 or 57 of this title; 
‘‘(2) testifying in a proceeding described in 
paragraph (1); 
‘‘(3) notifying, or attempting to notify, the rail-
road carrier of a work-related personal injury or 
work-related illness of an employee;
‘‘(4) cooperating with a safety investigation by 
the Secretary of Transportation or the National 
Transportation Safety Board; 
‘‘(5) furnishing information to the Secretary of 
Transportation, the National Transportation Safety 
Board, or any other public official as to the facts re-
lating to any accident or incident resulting in injury 
or death to an individual or damage to property oc-
curring in connection with railroad transportation; 
or 
‘‘(6) accurately reporting hours of duty or dual 
employment status pursuant to chapter 211.’’. 
(b) HAZARDOUS CONDITIONS.—Section 20109(b) is 
amended to read as follows: 
‘‘(b) HAZARDOUS CONDITIONS.—(1) A railroad car-
rier engaged in interstate or foreign commerce, and an of-
ficer or employee of such a railroad carrier, shall not by 
threat, intimidation, or otherwise attempt to prevent an 
employee from, or discharge, discipline, or in any way dis-
criminate against an employee for—
‘‘(A) reporting a hazardous condition; 
‘‘(B) refusing to work when confronted by a 
hazardous condition related to the performance of 
the employee’s duties, if the conditions described in 
paragraph (2) exist; or
‘‘(C) refusing to authorize the use of any safe-
ty-related equipment, track, or structures, if the em-
ployee is responsible for the inspection or repair of 
the equipment, track, or structures, when the em-
ployee believes that the equipment, track, or struc-
tures are in a hazardous condition, if the conditions 
described in paragraph (2) exist. 
‘‘(2) A refusal is protected under paragraph (1)(B) 
and (C) if—
‘‘(A) the refusal is made in good faith and no 
reasonable alternative to the refusal is available to 
the employee; 
‘‘(B) the employee reasonably concludes that—
‘‘(i) the hazardous condition presents an 
imminent danger of death or serious injury; and 
‘‘(ii) the urgency of the situation does not 
allow sufficient time to eliminate the danger 
without such refusal; and 
‘‘(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.
‘‘(3) This subsection does not apply to security per-
sonnel employed by a railroad carrier to protect individ-
uals and property transported by railroad.’’. 
(c) ENFORCEMENT AND DISPUTE RESOLUTION.—
Section 20109(c) is amended—
(1) by striking ‘‘DISPUTE RESOLUTION.—A 
dispute’’ and inserting ‘‘ENFORCEMENT AND DIS-
PUTE RESOLUTION.—(1) The Secretary of Trans-
portation may enforce this section under section 
20111, the Attorney General may enforce this sec-
tion under section 20112, and the States may en-
force this section under section 20113. 
‘‘(2) Any employee aggrieved by a violation of sub-
section (a) or (b) may in a civil action obtain appropriate 
relief. 
‘‘(3) A dispute’’; 
(2) by striking ‘‘180 days after it is filed’’ and 
inserting ‘‘60 days after it is filed if the violation is 
a form of discrimination that involves discharge, sus-
pension, 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’’;
(3) by striking the last sentence and inserting 
the following: ‘‘If the employee has been found by 
the Board, division, delegate, or board of adjustment 
to have been discharged, suspended, or otherwise 
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.’’; and 
(4) by adding at the end the following new 
paragraph: 
‘‘(4) An employee may not seek relief under both 
paragraph (2) and paragraph (3) with respect to the same 
violation.’’. 
(d) PENALTIES.—
(1) CIVIL PENALTIES.—Section 21302(a)(1) is 
amended by striking ‘‘a regulation prescribed or 
order issued under chapter 201 of this title’’ and in-
serting ‘‘chapter 201 of this title, or a regulation 
prescribed or order issued under chapter 201,’’. 
(2) CRIMINAL PENALTIES.—Section 21311(a) is 
amended—
(A) by striking ‘‘or’’ at the end of para-
graph (4); 
(B) by striking the period at the end of 
paragraph (5) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(6) violates section 20109.’’. 
(e) EXCLUSION FROM EMPLOYMENT.—
(1) AMENDMENT.—Chapter 213 is amended by 
adding at the end the following new subchapter: 
‘‘SUBCHAPTER III—EXCLUSION FROM 
EMPLOYMENT 
‘‘§ 21321. Exclusion from employment 
‘‘(a) EXCLUSION FROM EMPLOYMENT.—The Sec-
retary of Transportation may, in order to preserve railroad 
safety and protect safety-critical railroad employees from 
harassment and intimidation, issue an order excluding 
from employment by a railroad carrier as a safety-critical 
employee, including employment as a supervisor of a safe-
ty-critical employee, any individual—
‘‘(1) who has violated section 20109 of this title 
or who has harassed or intimidated a railroad em-
ployee with the intent of discouraging that employee 
from reporting—
‘‘(A) a reportable accident or injury; or
‘‘(B) track, equipment, or operating prac-
tices that violate the standards promulgated by 
the Secretary pursuant to this part; and
‘‘(2) who has demonstrated personal dishonesty 
or willful or continuing disregard for railroad safety 
or the integrity or accuracy of railroad safety report-
ing requirements under section 20901 of this title. 
‘‘(b) OPPORTUNITY FOR HEARING.—An order under 
subsection (a) may be issued only after the individual who 
is the subject of the proposed order is given notice of the 
reasons for the proposed order and an opportunity for a 
hearing. 
‘‘(c) DURATION.—An order under subsection (a) shall 
be of indefinite duration. Not less than 1 year after the 
issuance of such an order, an individual subject to such 
an order may petition the Secretary for the rescission of 
the order. The Secretary may grant such a petition if the 
Secretary finds that employment by a railroad carrier of 
the individual who was the subject of the order is not likely 
to result in a reduction in railroad safety or in an in-
creased likelihood of harassment and intimidation of safe-
ty-critical railroad employees.’’. 
(2) TABLE
OF
SECTIONS
AMENDMENT.—The 
table of sections of part A of subtitle V is amended 
by adding at the end the following:
‘‘SUBCHAPTER III—EXCLUSION FROM EMPLOYMENT 
‘‘21321. Exclusion from employment.’’.
(3) 
CONFORMING
AMENDMENTS.—(A) 
The 
heading of chapter 213 is amended by inserting 
‘‘AND REMEDIES’’ after ‘‘PENALTIES’’. 
(B) The item relating to chapter 213 in the 
table of chapters of subtitle V is amended by insert-
ing ‘‘AND REMEDIES’’ after ‘‘PENALTIES’’. 
SEC. 202. EMPLOYEE REPORTS. 
Section 20901(a) is amended—
(1) by striking ‘‘the carrier’s operations’’ and 
inserting in lieu thereof ‘‘the operations of the car-
rier or of any contractor to the carrier working on 
the carrier’s property or operating the carrier’s 
equipment’’; and 
(2) by inserting ‘‘The report shall also include 
copies of any written safety-related complaint or re-
port filed with the carrier by an employee or con-
tractor during the month, whether or not the com-
plaint or report relates to a reported accident or in-
cident.’’ after ‘‘contributed to the accident or inci-
dent.’’.
SEC. 203. AUDITS OF REPORTING. 
Section 20901 is amended by adding at the end the 
following new subsection:
‘‘(c) AUDITS.—A railroad carrier shall at least annu-
ally have an audit conducted of the process by which it 
reports accidents and incidents pursuant to subsection (a). 
The audit shall determine whether the reporting process 
is substantially accurate as to the numbers and severity 
of accidents and incidents. The audit shall be conducted 
by an independent auditor approved by the Secretary.’’. 
SEC. 204. INTERFERING WITH OR HAMPERING SAFETY 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 safety 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, or a 
railroad investigation by the National Transportation 
Safety Board under chapter 11 of this title. 
‘‘(b) INTIMIDATION AND HARASSMENT.—It shall be 
unlawful for any person, with regard to an investigation 
conducted by the Secretary under section 20703 or 20902 
of this title, or a railroad investigation by the National 
Transportation Safety Board under chapter 11 of this 
title, knowingly or intentionally to use intimidation, har-
assment, threats, or physical force toward another person, 
or corruptly persuade another person, or attempt to do 
so, or engage in misleading conduct toward another per-
son, with the intent or effect of—
‘‘(1) influencing the testimony or statement of 
any person; 
‘‘(2) hindering, delaying, preventing, or dis-
suading any person from—
‘‘(A) attending a proceeding or interview 
with, testifying before, or providing a written 
statement to, a National Transportation Safety 
Board railroad investigator, a Federal railroad 
safety inspector or State railroad safety inspec-
tor, or their superiors; 
‘‘(B) communicating or reporting to a Na-
tional Transportation Safety Board railroad in-
vestigator, a Federal railroad safety inspector, 
or a State railroad safety inspector, or their su-
periors, information relating to the commission 
or possible commission of one or more violations 
of this part or of chapter 51 of this title; or 
‘‘(C) recommending or using any legal 
remedy available to the Secretary under this 
title; or 
‘‘(3) causing or inducing any person to—
‘‘(A) withhold testimony, or a statement, 
record, document, or other object, from the in-
vestigation; 
‘‘(B) alter, destroy, mutilate, or conceal a 
statement, record, document, or other object 
with intent to impair the integrity or avail-
ability of the statement, record, document, or 
other object for use in the investigation; 
‘‘(C) evade legal process summoning that 
person to appear as a witness, or to produce a 
statement, record, document, or other object, in 
the investigation; or 
‘‘(D) be absent from an investigation to 
which such person has been summoned by legal 
process. 
‘‘(c) 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 
or by the National Transportation Safety Board under 
chapter 11 of this title.
‘‘(d) 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 safety investigations.’’.
TITLE III—GRADE CROSSING 
SAFETY 
SEC. 301. TOLL-FREE NUMBER TO REPORT GRADE CROSS-
ING PROBLEMS. 
Section 20152 is amended to read as follows: 
‘‘§ 20152. Emergency notification of grade crossing 
problems 
‘‘By January 1, 2005, each railroad carrier shall—
‘‘(1) establish and maintain a toll-free telephone 
service, for rights-of-way over which it dispatches 
trains, to directly receive calls reporting—
‘‘(A) malfunctions of signals, crossing 
gates, and other devices to promote safety at 
the grade crossing of railroad tracks on those 
rights-of-way and public or private roads; and 
‘‘(B) disabled vehicles blocking railroad 
tracks at such grade crossings; 
‘‘(2) upon receiving a report of a malfunction or 
disabled vehicle pursuant to paragraph (1), imme-
diately contact trains operating near the grade 
crossing to warn them of the malfunction or disabled 
vehicle;
‘‘(3) upon receiving a report of a malfunction or 
disabled vehicle pursuant to paragraph (1), and 
after contacting trains pursuant to paragraph (2), 
contact appropriate public safety officials having ju-
risdiction over the grade crossing to provide them 
with the information necessary for them to direct 
traffic, assist in the removal of the disabled vehicle, 
or carry out other activities appropriate to respond-
ing to the hazardous circumstance; and 
‘‘(4) ensure the placement at each grade cross-
ing on rights-of-way that it owns of appropriately lo-
cated signs, on which shall appear—
‘‘(A) a toll-free telephone number to be 
used for placing calls described in paragraph 
(1) to the railroad carrier dispatching trains on 
that right-of-way; 
‘‘(B) an explanation of the purpose of that 
toll-free number as described in paragraph (1); 
‘‘(C) the grade crossing number assigned 
for that crossing by the National Highway-Rail 
Crossing Inventory established by the Depart-
ment of Transportation and the Association of 
American Railroads; and 
‘‘(D) a statement that reporting a disabled 
vehicle blocking the railroad tracks should be 
done immediately, before any attempt is made 
to remove the vehicle from the tracks. 
The Secretary of Transportation shall implement this sec-
tion through appropriate regulations.’’. 
SEC. 302. GRADE CROSSING SIGNAL VIOLATIONS. 
(a) AMENDMENTS.—Section 20151 is amended—
(1) by amending the section heading to read as 
follows: 
‘‘§ 20151. Railroad trespassing, vandalism, and signal 
violation prevention strategy’’; 
(2) in subsection (a)—
(A) by striking ‘‘and vandalism affecting 
railroad safety’’ and inserting in lieu thereof ‘‘, 
vandalism affecting railroad safety, and viola-
tions of grade crossing signals’’; 
(B) by inserting ‘‘, concerning trespassing 
and vandalism,’’ after ‘‘such evaluation and re-
view’’; and 
(C) by inserting ‘‘The second such evalua-
tion and review, concerning violations of grade
crossing signals, shall be completed before No-
vember 2, 2004.’’ after ‘‘November 2, 1994.’’; 
(3) in the subsection heading of subsection (b), 
by inserting ‘‘FOR TRESPASSING AND VANDALISM 
PREVENTION’’ 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 LEG-
ISLATION.—’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) Within 18 months after the date of the enact-
ment of the Railroad Safety Reform Act of 2003, the Sec-
retary, after consultation with State and local govern-
ments and railroad carriers, shall develop and make avail-
able to State and local governments model State legisla-
tion providing for civil or criminal penalties, or both, for 
violations of grade crossing signals.’’; and 
(5) by adding at the end the following new sub-
section: 
‘‘(d) DEFINITION.—For purposes of this section, the 
term ‘violation of grade crossing signals’ includes any ac-
tion by a motorist, unless directed by an authorized safety 
officer—
‘‘(1) to drive around a grade crossing gate in 
a position intended to block passage over railroad 
tracks; 
‘‘(2) to drive through a flashing grade crossing 
signal; 
‘‘(3) to drive through a grade crossing with pas-
sive warning signs without ensuring that the grade 
crossing could be safely crossed before any train ar-
rived; and 
‘‘(4) in the vicinity of a grade crossing, that 
creates a hazard of an accident involving injury or 
property damage at the grade crossing.’’. 
(b) CONFORMING AMENDMENT.—The item relating 
to section 20151 in the table of sections for subchapter 
II of chapter 201 is amended to read as follows:
‘‘20151. Railroad trespassing, vandalism, and signal violation prevention strat-
egy.’’.
TITLE IV—PASSENGER SERVICE 
SAFETY STANDARDS 
SEC. 401. EMERGENCY WINDOWS. 
Section 20133 is amended by adding at the end the 
following new subsection: 
‘‘(e) EMERGENCY WINDOWS.—(1) After January 1, 
2005, all railroad cars, including self-propelled cars, used 
for providing transportation for members of the general
public shall have emergency windows installed in at least 
one half of their window locations. 
‘‘(2) For purposes of this subsection, the term ‘emer-
gency window’ means a window designed to permit rapid 
and easy removal for passenger escape in an emergency 
without tools. 
‘‘(3) This subsection shall not apply to railroad cars 
used by tourist, excursion, scenic, or historic railroads that 
are not part of the general system of railroad transpor-
tation and that do not operate at speeds in excess of 30 
miles per hour.’’. 
SEC. 402. PASSENGER RAILROAD SIGNAL SYSTEMS. 
(a) AMENDMENT.—(1) Section 20502 is amended by 
adding at the end the following new subsection: 
‘‘(c) PASSENGER RAILROAD SIGNALS.—Each rail-
road line on which passenger service operates, except lines 
where automatic train stop or cab signaling equipment is 
in use for all passenger service, shall have installed ap-
proach and stop signals such that at least one approach 
signal intervenes between a passenger station stop and a 
subsequent stop signal.’’. 
(2) The amendment made by paragraph (1) shall 
take effect January 1, 2005. 
(b) STUDY.—The Secretary of Transportation shall, 
within 1 year after the date of the enactment of this Act,
transmit to the Congress a report on the results of a study 
of the safety implications of signal systems and their 
placement. In conducting the study, the Secretary shall 
consult with representatives of railroad labor, railroad 
management, and railroad equipment manufacturers. 
After transmitting the report, the Secretary shall initiate 
appropriate rulemaking proceedings under chapter 205 to 
implement the recommendations made in the report. 
SEC. 403. PASSENGER LOCOMOTIVE FUEL TANKS. 
(a) AMENDMENT.—Chapter 207 is amended by add-
ing at the end the following new section: 
‘‘§ 20704. Passenger locomotive fuel tanks 
‘‘(a) REQUIREMENTS.—Any locomotive manufac-
tured after the date of the enactment of the Railroad Safe-
ty Reform Act of 2003, and delivered to a railroad carrier 
on or after January 1, 2005, for use on passenger trains, 
except for a locomotive intended primarily for yard switch-
ing purposes, shall—
‘‘(1) be equipped with fuel tanks that are inter-
nal and compartmentalized; 
‘‘(2) be equipped with internal fuel tank bulk-
heads and skin that are either 3⁄8 inch steel plate 
with 25,000-pound yield strength or another mate-
rial of equivalent strength; and
‘‘(3) have fuel tank vent systems that are de-
signed to prevent those systems from becoming a 
path of fuel loss in the event the tank is placed in 
an abnormal orientation due to a locomotive derail-
ing. 
‘‘(b) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘compartmentalized’ means hav-
ing an interior divided into at least 4 separate com-
partments designed so that penetration of the exte-
rior skin of any 1 compartment shall result in loss 
of fuel only from that compartment; and 
‘‘(2) the term ‘internal’ means having its lowest 
point at least 18 inches above the lowest point on 
the locomotive wheel tread, and being enclosed by, or 
part of, the locomotive structure.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of chapter 207 is amended by adding at the end 
the following new item:
‘‘20704. Passenger locomotive fuel tanks.’’.
SEC. 404. POSITIVE TRAIN CONTROL. 
(a) AMENDMENTS.—Section 20150 is amended—
(1) by striking ‘‘progress report’’ in the 
section heading; 
(2) by inserting ‘‘(a) PROGRESS REPORT.—’’ 
before ‘‘The Secretary of Transportation’’; and
(3) by adding at the end the following new sub-
section: 
‘‘(b) SCHEDULE FOR IMPLEMENTATION.—(1) The 
Secretary shall—
‘‘(A) before March 31, 2004—
‘‘(i) develop a model for assessing the risks 
associated with accident or injury on railroad 
corridors; 
‘‘(ii) compile data on each railroad corridor 
to enable the application of the model developed 
under clause (i); and 
‘‘(iii) rank railroad corridors on the basis 
of their risks associated with accident or injury; 
‘‘(B) before October 1, 2004, identify high-pri-
ority railroad corridors the Secretary will require to 
be equipped with positive train control systems, 
which shall include, at a minimum, all railroad lines 
on which more than 42 regularly scheduled pas-
senger trains per week operate and all railroad lines 
on which more than 2,500,000 tons of hazardous 
materials are transported each year; and 
‘‘(C) before October 1, 2005, issue regulations 
establishing standards for the use of positive train 
control systems and requiring their use on high-pri-
ority railroad corridors by no later than September 
30, 2006. 
‘‘(2) For purposes of this subsection—
‘‘(A) the term ‘passenger train’ does not include 
trains operated by tourist, excursion, scenic, or his-
toric railroads that are not part of the general sys-
tem of railroad transportation and that do not oper-
ate at speeds in excess of 30 miles per hour; and 
‘‘(B) the term ‘positive train control system’ 
means a system for automatically controlling the 
speed of or stopping a train to prevent collisions, en-
force speed restrictions, and protect roadway work-
ers and their equipment in the event that the train 
operator has failed to take appropriate action.’’. 
(b) CONFORMING AMENDMENT.—The item relating 
to section 20150 in the table of sections of subchapter II 
of chapter 201 is amended by striking ‘‘progress report’’. 
TITLE V—SAFETY RULEMAKING 
AND ENFORCEMENT 
SEC. 501. PURPOSE. 
Section 20101 is amended to read as follows: 
‘‘§ 20101. Purpose 
‘‘The purpose of this part is to assign and maintain 
safety as the highest priority in every area of railroad op-
erations and to reduce railroad-related accidents and inci-
dents.’’. 
SEC. 502. RAILROAD SAFETY CONFERENCE. 
(a) IN GENERAL.—The Secretary of Transportation 
shall convene, within 6 months after the date of the enact-
ment of this Act and annually thereafter, a conference to 
determine what are the most important actions needed to 
improve the safety of railroad operations. Each such con-
ference shall provide an opportunity for the participants 
to present their views, respond to the views of other par-
ticipants, and discuss railroad safety issues with other 
participants so that a consensus can be reached. 
(b) PARTICIPANTS.—Each conference convened pur-
suant to subsection (a) shall include as participants, at 
a minimum, appropriate representatives of the Depart-
ment of Transportation, railroad management, railroad 
labor, railroad passengers, railroad equipment suppliers, 
and railroad shippers, as well as individuals representing 
community interests. 
(c) REPORT TO CONGRESS.—The Secretary of Trans-
portation shall, within 3 months after the completion of 
a conference convened pursuant to subsection (a), trans-
mit to the Congress a report summarizing the results of 
the conference.
SEC. 503. RULEMAKING PROCESS. 
(a) AMENDMENT.—Subchapter I of chapter 201 is 
amended by inserting after section 20115 the following 
new section: 
‘‘§ 20116. Rulemaking process 
‘‘(a) RULES PROPOSED BY RAILROAD SAFETY ADVI-
SORY COMMITTEE.—A rule that has been proposed unani-
mously by the Railroad Safety Advisory Committee shall 
be issued as a proposed rule by the Secretary of Transpor-
tation without preparation of a regulatory analysis, regu-
latory evaluation, or any other assessment of the costs or 
benefits of the proposed rule, and without soliciting the 
approval or comment of any Federal agency or employee 
outside the Department of Transportation. 
‘‘(b) INCORPORATION BY REFERENCE.—No rule or 
order issued by the Secretary under this part shall be ef-
fective if it incorporates by reference a code, rule, stand-
ard, requirement, or practice issued by an association or 
other entity that is not an agency of the Federal Govern-
ment, unless that reference is to a particular code, rule, 
standard, requirement, or practice adopted before the date 
on which the rule is issued by the Secretary, and unless 
the date on which the code, rule, standard, requirement, 
or practice was adopted is specifically cited in the rule.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The table of 
sections of subchapter I of chapter 201 is amended by
adding after the item relating to section 20115 the fol-
lowing new item:
‘‘20116. Rulemaking process.’’.
SEC. 504. CRANE SAFETY. 
The Secretary of Transportation shall initiate a rule-
making, based on the recommendations of the Railroad 
Safety Advisory Committee, to ensure the safety of opera-
tors of railroad cranes and other hoisting equipment, and 
of railroad employees working in the vicinity of cranes and 
other hoisting equipment. If the Railroad Safety Advisory 
Committee has not made consensus recommendations 
within 12 months after the date of the enactment of this 
Act, the Secretary shall discharge the Committee of its 
responsibilities under this section and shall, within 24 
months after the date of the enactment of this Act, issue 
a final rule. 
SEC. 505. RAILROAD CAR VISIBILITY. 
Section 20148(b) is amended by striking ‘‘initiate a 
rulemaking proceeding to’’ and inserting ‘‘, not later than 
1 year after the date of the enactment of the Railroad 
Safety Reform Act of 2003,’’. 
SEC. 506. 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. Such regulations shall be prescribed 
to protect the public health and welfare, including the 
health and welfare of railroad employees, taking into ac-
count the degree of noise reduction achievable through the 
application of the best available technology and the cost 
of compliance. Regulations issued under this section shall 
be in lieu of railroad-related noise regulations issued pur-
suant 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 chapter 201 is amended by adding at the end 
the following new item:
‘‘20154. High-speed rail noise regulation.’’.
SEC. 507. TRACK SAFETY. 
Section 20142 is amended to read as follows: 
‘‘§ 20142. Track safety 
‘‘(a) SPEED OF INSPECTION VEHICLES.—Not later 
than one year after the date of the enactment of the Rail-
road Safety Reform Act of 2003, the Secretary of Trans-
portation shall issue rules requiring that no track inspec-
tion shall be conducted from a vehicle traveling at a speed 
of more than 15 miles per hour, unless the Secretary can 
demonstrate that operations at higher speeds provide 
equally accurate inspection information. 
‘‘(b) MAINTENANCE-OF-WAY EQUIPMENT.—(1) All 
track motor vehicles, self-propelled maintenance-of-way 
equipment, and other equipment which is designed with 
a wheeled carriage allowing the equipment to move along 
a railroad track shall be designed and maintained so as 
to conduct electrical current from one rail of the track to 
the other, enabling the activation of signal systems de-
signed to detect the presence of locomotives, cars, trains, 
and other rolling equipment on the track. 
‘‘(2) All roadway work groups and lone roadway 
workers when working in a classification yard shall be 
equipped with portable equipment permitting the motion 
of freely rolling railroad cars to be automatically arrested. 
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘roadway work group’ means 2 or 
more roadway workers working together on a com-
mon task who are in direct communication with each 
other; and
‘‘(2) the term ‘roadway worker’ means an em-
ployee of a railroad carrier, or of a contractor to a 
railroad carrier, including a maintenance-of-way 
worker or a signalman, who is working on or near 
railroad track. 
‘‘(d) EFFECTIVE DATE.—Subsection (b)(1) shall take 
effect on January 1, 2005.’’. 
SEC. 508. 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 receive or assist in receiving a radio 
communication that is broadcast or transmitted over 
a railroad carrier’s dedicated frequency not for the 
use of the general public, with or without making 
their presence known to the sender 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 a commu-
nication described in subparagraph (A). 
‘‘(C) To record a communication described in 
subparagraph (A) 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, or in any disciplinary 
proceeding by a railroad carrier, but may be used as back-
ground 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. 509. 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. 510. SAFETY INSPECTORS. 
Section 20115 is amended—
(1) by amending paragraph (1) of subsection 
(a) to read as follows: 
‘‘(1) shall cover the costs of providing 400 rail-
road safety inspectors, in addition to those already 
employed by the Federal Railroad Administration as 
of October 1, 1998, to improve the safety of railroad 
carriers subject to this chapter;’’; 
(2) in subsection (c)(2), by striking ‘‘only to 
carry out this chapter’’ and inserting in lieu thereof 
‘‘only for the purposes described in subsection 
(a)(1)’’; 
(3) in subsection (c)(3), by striking ‘‘of activi-
ties under’’ and all that follows through ‘‘financed 
by the fees’’ and inserting in lieu thereof ‘‘described 
in subsection (a)(1)’’; 
(4) in the heading of subsection (d), by striking 
‘‘ANNUAL REPORT’’ and inserting ‘‘REPORTS’’;
(5) in subsection (d)(1), by striking ‘‘90 days 
after the end of each fiscal year in which fees are 
collected under this section’’ and inserting in lieu 
thereof ‘‘180 days after the end of fiscal year 2006, 
and every 3 years thereafter’’; 
(6) in subsection (d)(1)(A), by striking ‘‘that 
fiscal year’’ and inserting in lieu thereof ‘‘the 3 pre-
vious fiscal years’’; 
(7) in subsection (d)(2), by striking ‘‘for a fis-
cal year’’; and 
(8) by striking subsection (e). 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
SEC. 601. 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 Adminis-
trator of the Federal Transit Administration shall consult 
with the Administrator of the Federal Railroad Adminis-
tration concerning relevant safety issues. The Secretary 
may use appropriate authority under this chapter, includ-
ing the authority to prescribe particular terms or cov-
enants under section 5334 of this title, to address any 
safety issues identified in the project supported by the 
loan or grant.’’. 
SEC. 602. 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: ‘‘, as adjusted pursuant to the 
Federal Civil Penalties Inflation Adjustment Act of 1990 
(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: ‘‘, as adjusted pursuant to the Federal Civil 
Penalties Inflation Adjustment Act of 1990 (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: ‘‘, as adjusted pursuant to the Federal Civil 
Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 
2461 note)’’.
SEC. 603. CERTIFICATION OF LOCOMOTIVE ENGINEERS 
AND 
OTHER 
SAFETY-RELATED 
RAILROAD 
PERSONNEL. 
(a) AMENDMENT.—Section 20135 is amended to 
read as follows: 
‘‘§ 20135. Certification of locomotive engineers and 
other safety-related railroad personnel 
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Railroad Administration shall establish a program for 
issuing certificates for—
‘‘(1) carmen; 
‘‘(2) conductors; 
‘‘(3) dispatchers; 
‘‘(4) locomotive engineers; 
‘‘(5) power directors; 
‘‘(6) signalmen; 
‘‘(7) track inspectors; and 
‘‘(8) trainmen, 
to individuals when the Administrator finds, after inves-
tigation, that the individuals are qualified for, and phys-
ically able to perform the duties related to, the position 
to be authorized by the certificates. After January 1, 
2005, no person shall carry out the responsibilities of the 
carman, conductor, dispatcher, locomotive engineer, power 
director, signalman, track inspector, or trainman unless
that person has been certificated for that position by the 
Administrator. 
‘‘(b) GENERAL QUALIFICATIONS.—The program es-
tablished under subsection (a)—
‘‘(1) shall provide qualification standards and 
minimum training requirements for each type of po-
sition described in subsection (a); and 
‘‘(2) shall require comprehensive knowledge of 
applicable railroad carrier operating practices and 
rules. 
‘‘(c) LOCOMOTIVE ENGINEERS.—
‘‘(1) QUALIFICATIONS.—The program estab-
lished under subsection (a), in the case of certifi-
cation of a locomotive engineer—
‘‘(A) except as provided in paragraph 
(2)(A), shall require consideration, to the extent 
the information is available, of the motor vehi-
cle driving record of each individual seeking 
certification, including—
‘‘(i) any denial, cancellation, revoca-
tion, or suspension of a motor vehicle oper-
ator’s license by a State for cause within 
the prior 5 years; and
‘‘(ii) any conviction within the prior 5 
years of an offense described in section 
30304(a)(3)(A) or (B) of this title; 
‘‘(B) may require, based on the individ-
ual’s driving record, disqualification or the 
granting of a certificate conditioned on require-
ments the Administrator prescribes; and 
‘‘(C) shall require an individual seeking 
certification—
‘‘(i) to request the chief driver licens-
ing official of each State in which the indi-
vidual has held a motor vehicle operator’s 
license within the prior 5 years to provide 
information about the individual’s driving 
record to the individual’s employer, pro-
spective employer, or the Administrator, as 
the Administrator requires; and 
‘‘(ii) to make the request provided for 
in section 30305(b)(4) of this title for in-
formation to be sent to the individual’s em-
ployer, prospective employer, or the Ad-
ministrator, as the Administrator requires. 
‘‘(2) WAIVERS.—(A) The Administrator shall 
prescribe standards and establish procedures for 
waiving paragraph (1)(A) for an individual or class
of individuals who the Administrator decides are not 
currently unfit to operate a locomotive. However, the 
Administrator may waive paragraph (1)(A) for an 
individual or class of individuals with a conviction, 
cancellation, revocation, or suspension described in 
subparagraph (B)(i) or (ii) only if the individual or 
class, after the conviction, cancellation, revocation, 
or suspension, successfully completes a rehabilitation 
program established by a railroad carrier or ap-
proved by the Administrator. 
‘‘(B) An individual may not be denied a certifi-
cate under paragraph (1)(A) because of—
‘‘(i) a conviction for operating a motor ve-
hicle when under the influence of, or impaired 
by, alcohol or a controlled substance; or 
‘‘(ii) the cancellation, revocation, or sus-
pension of the individual’s motor vehicle opera-
tor’s license for operating a motor vehicle when 
under the influence of, or impaired by, alcohol 
or a controlled substance, 
if the individual, after the conviction, cancellation, 
revocation, or suspension, successfully completes a 
rehabilitation program established by a railroad car-
rier or approved by the Administrator.
‘‘(3) OPPORTUNITY TO EXAMINE AND COMMENT 
ON INFORMATION.—The Administrator, employer, or 
prospective employer, as appropriate, shall make in-
formation obtained under paragraph (1)(C) available 
to the individual. The individual shall be given an 
opportunity to comment in writing about the infor-
mation. Any comment shall be included in any 
record or file maintained by the Administrator, em-
ployer, or prospective employer that contains infor-
mation to which the comment is related. 
‘‘(d) DELEGATION.—
‘‘(1) IN GENERAL.—Subject to any regulations, 
supervision, and review the Administrator may pre-
scribe, the Administrator may delegate, to a quali-
fied private person or an employee under the super-
vision of that person, a matter related to—
‘‘(A) the examination, testing, and inspec-
tion necessary to issue a certificate under this 
section; and 
‘‘(B) issuing the certificate. 
‘‘(2) RESCISSION.—The Administrator may re-
scind a delegation under this section at any time for 
any reason the Administrator considers appropriate. 
‘‘(3) RECONSIDERATION.—A person affected by 
an action of a person to whom responsibilities have
been delegated under this subsection may apply for 
reconsideration of the action by the Administrator, 
and, on the Administrator’s own initiative, the Ad-
ministrator may reconsider the action of such a per-
son at any time. If the Administrator decides on re-
consideration that the action is unreasonable or un-
warranted, the Administrator shall change, modify, 
or reverse the action. If the Administrator decides 
that the action is warranted, the Administrator shall 
affirm the action. 
‘‘(e) SUSPENSION OR REVOCATION.—
‘‘(1) AUTHORITY.—The Administrator may re-
view the certification of any employee holding a cer-
tificate under this section. The Administrator may 
suspend or revoke a certificate issued under this sec-
tion if—
‘‘(A) the employee, in the course of rail-
road employment, has engaged in or authorized 
a practice that endangers human life, including 
authorizing the use of unsafe equipment or 
track; or 
‘‘(B) the Administrator decides after re-
viewing the actions or qualifications of the em-
ployee that railroad safety and the public inter-
est require such a suspension or revocation.
The length of a suspension shall be at the discretion 
of the Administrator. In determining the length of a 
suspension, the Administrator shall take into ac-
count the seriousness of the unsafe practice and the 
employee’s past safety record. 
‘‘(2) PROCEDURES.—Before acting to suspend 
or revoke a certificate, the Administrator shall ad-
vise the holder of the certificate of the charges or 
other reasons on which the Administrator relies for 
the proposed action. Except in an emergency, the 
Administrator shall provide the holder of the certifi-
cate with an opportunity to answer the charges and 
to be heard on why the certificate should not be sus-
pended or revoked. Except as provided in paragraph 
(3), the action of the Administrator suspending or 
revoking a certificate shall be stayed pending the 
outcome of an appeal under subsection (f). 
‘‘(3) EMERGENCIES.—If the Administrator de-
termines that an emergency exists and that railroad 
safety requires that a suspension or revocation be ef-
fective immediately, then the Administrator’s action 
shall be effective immediately. 
‘‘(f) APPEALS.—The Administrator shall establish an 
appropriate procedure through which a person adversely 
affected by—
‘‘(1) an action denying a certificate under this 
section; or 
‘‘(2) an order suspending or revoking a certifi-
cate under subsection (e), 
may appeal such action or order. If a finding is made 
under that appeals procedure, after notice and an oppor-
tunity for a hearing, that railroad safety and the public 
interest do not require affirmation of the original action 
or order, the Administrator shall amend, modify, or re-
verse that action or order. 
‘‘(g) CERTIFICATION OF SAFETY.—
‘‘(1) BY
A
CARMAN.—(A) After January 1, 
2005, no locomotive, railroad car, or train shall de-
part its initial terminal until it has been inspected 
and its safety has been certified in writing by a car-
man certificated under this section. 
‘‘(B) After January 1, 2005, no locomotive, 
railroad car, or train shall be used or operated after 
it has been repaired or reported to have a defect po-
tentially affecting safety until it has been inspected 
by a carman certificated under this section and its 
safety has been subsequently certified in writing by 
that carman. A safety certification made under this 
paragraph may be made conditional on the loco-
motive, railroad car, or train being repaired at the 
first practical opportunity. 
‘‘(2) BY A SIGNALMAN.—(A) After January 1, 
2005, no signal system shall be used to signal that 
a train may proceed or to control the movement of 
automobiles at grade crossings unless its safety has 
been certified in writing by a signalman certificated 
under this section in accordance with regulations 
issued by the Secretary of Transportation requiring 
such certification—
‘‘(i) when a signal system is first placed in 
service; 
‘‘(ii) after it has been modified or dis-
arranged; and 
‘‘(iii) at least once a year.
The Secretary may by regulation require that cer-
tain kinds of signal systems be inspected and cer-
tified more frequently than is required by clauses (i) 
through (iii). 
‘‘(B) After January 1, 2005, no signal system 
shall be used to signal that a train may proceed or 
to control the movement of automobiles at grade 
crossings after that signal system has been repaired 
or reported to have a defect potentially affecting 
safety until it has been inspected by a signalman
certificated under this section and its safety has 
been subsequently certified in writing by that signal-
man. 
‘‘(3) BY A TRACK INSPECTOR.—(A) After Janu-
ary 1, 2005, no track shall be used to operate loco-
motives, railroad cars, or trains unless the safety of 
that track has been certified in writing by a track 
inspector certificated under this section each time 
the track is inspected as required by regulations 
issued by the Secretary under this chapter. In no 
event shall such inspections be required less often 
than once a month. 
‘‘(B) After January 1, 2005, no track shall be 
used after it has been repaired or reported to have 
a defect potentially affecting safety until it has been 
inspected by a track inspector certificated under this 
section and its safety for its anticipated use has 
been subsequently certified in writing by that track 
inspector. 
‘‘(h) AUTHORITY TO REFUSE TO OPERATE TRAINS 
OR LOCOMOTIVES.—A locomotive engineer may refuse to 
operate a train or locomotive if that locomotive engineer 
is not satisfied that the train or locomotive can be oper-
ated safely. 
‘‘(i) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘carman’ means a railroad em-
ployee who inspects, tests, maintains, and repairs 
brakes, other mechanical systems and components, 
and safety appliances on railroad cars or loco-
motives; 
‘‘(2) the term ‘conductor’ means a railroad road 
or yard employee who is in charge of a train’s pas-
sengers or freight; 
‘‘(3) the term ‘dispatcher’ has the meaning 
given the term ‘dispatching service employee’ in sec-
tion 21101 of this title; 
‘‘(4) the term ‘locomotive engineer’ means an 
operator of a locomotive other than—
‘‘(A) a person who operates a locomotive 
solely within the confines of a locomotive repair 
or servicing area; and 
‘‘(B) a person who operates a locomotive 
for short distances for inspection and mainte-
nance purposes; 
‘‘(5) the term ‘power director’ has the meaning 
given such term in section 21101 of this title; 
‘‘(6) the term ‘signalman’ has the meaning 
given the term ‘signal employee’ in section 21101 of 
this title;
‘‘(7) the term ‘track inspector’ means a railroad 
employee whose sole responsibility is to inspect 
track, report on its condition, and authorize its use 
by locomotives, railroad cars, and trains; and 
‘‘(8) the term ‘trainman’ means a railroad road 
or yard employee who is under the supervision of a 
conductor.’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The item 
relating to section 20135 in the table of sections of chap-
ter 201 is amended to read as follows:
‘‘20135. Certification of locomotive engineers and other safety-related railroad 
personnel.’’.
(c) EFFECT OF AMENDMENT.—Notwithstanding the 
amendment made by subsection (a), the requirements for 
licensing or certification of locomotive operators under sec-
tion 20135 as in effect before the date of the enactment 
of this Act shall continue in effect until the program estab-
lished under the amendment made by subsection (a) takes 
effect with respect to locomotive engineers. 
SEC. 604. TRANSPORT MOTOR VEHICLE INSPECTIONS. 
(a) DEFINITION.—Section 20301(a) is amended to 
read as follows: 
‘‘(a) DEFINITIONS.—In this chapter—
‘‘(1) the term ‘vehicle’ means a car, locomotive, 
tender, or similar vehicle; and