H. R. 2095—37 
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 regulations to establish 
a program requiring the certification of train conductors. In pre-
scribing such regulations, the Secretary shall require that train 
conductors be trained, in accordance with the training standards 
developed pursuant to section 20162. 
‘‘(b) PROGRAM REQUIREMENTS.—In developing the regulations 
required by subsection (a), the Secretary may consider the require-
ments of section 20135(b) through (e).’’. 
(b) REPORT.—Not later than 6 months after promulgating regu-
lations under section 20162 of title 49, United States Code, the 
Secretary shall issue a report to the Senate Committee on Com-
merce, Science, and Transportation and the House of Representa-
tives Committee on Transportation and Infrastructure about 
whether the certification of certain crafts or classes of railroad 
carrier or railroad carrier contractor 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 regulations 
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.’’. 
SEC. 403. TRACK INSPECTION TIME STUDY. 
(a) STUDY.—Not later that 2 years after the date of enactment 
of this Act, the Secretary shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate a report containing the results 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
H. R. 2095—38 
(4) the speed at which railroad track inspection vehicles 
operate and the scope of the territory they generally cover 
allow for proper inspection of the track and whether such 
speed and appropriate scope should be regulated by the Sec-
retary. 
(b) CONSIDERATIONS.—In conducting the study the Secretary 
shall consider— 
(1) the most current rail flaw, rail defect growth, rail 
fatigue, and other relevant track- or rail-related research and 
studies; 
(2) the availability and feasibility of developing and imple-
menting new or novel rail inspection technology for routine 
track inspections; 
(3) information from National Transportation Safety 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 Sec-
retary. 
(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 con-
ducted 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 appro-
priate— 
(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 STATION 
PLATFORM GAPS. 
Not later than 2 years after the enactment of this Act, the 
Secretary shall complete a study to determine the most safe, effi-
cient, 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 regulations 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 enact-
ment of this Act, the Secretary, through the Railroad Safety 
Advisory Committee if the Secretary makes such a request, shall 
complete a study on the safety impact of the use of personal elec-
tronic devices, including cell phones, video games, and other dis-
tracting devices, by safety-related railroad employees (as defined 
in section 20102(4) of title 49, United States Code), during the 
performance of such employees’ duties. The study shall consider 
the prevalence of the use of such devices.
H. R. 2095—39 
(b) LOCOMOTIVE CAB ENVIRONMENT.—The Secretary may also 
study other elements of the locomotive cab environment and their 
effect on an employee’s health and safety. 
(c) REPORT.—Not later than 6 months after the completion 
of any study under this section, the Secretary shall issue a report 
on the study to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure. 
(d) AUTHORITY.—Based on the conclusions of the study required 
under (a), the Secretary of Transportation may prohibit the use 
of personal electronic devices, such as cell phones, video games, 
or other electronic devices that may distract 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 sub-
section (b), the Secretary 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 TECHNOLOGY. 
(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 enactment of 
the Railroad Safety Enhancement Act of 2008, the Secretary of 
Transportation shall prescribe standards, guidance, regulations, or 
orders governing the development, use, and implementation of rail 
safety technology in dark territory, in arrangements not defined 
in section 20501 or otherwise not covered by Federal standards, 
guidance, regulations, or orders that ensure the safe operation 
of such technology, such as— 
‘‘(1) switch position monitoring devices or indicators; 
‘‘(2) radio, remote control, or other power-assisted switches; 
‘‘(3) hot box, high water, or earthquake detectors; 
‘‘(4) remote control locomotive zone limiting devices; 
‘‘(5) slide fences; 
‘‘(6) grade crossing video monitors; 
‘‘(7) track integrity warning systems; or 
‘‘(8) other similar rail safety technologies, as determined 
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.’’. 
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 com-
monly controlled railroad carriers that the Secretary determines 
is operating within the United States as a single, integrated
H. R. 2095—40 
rail system, the 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 order, subject to any appropriate 
conditions 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 recommendations to the Senate Committee on 
Commerce, Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infrastructure. 
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 alcohol and 
drug testing program of a railroad carrier must provide that all 
post-employment tests of the specimens of employees who are sub-
ject to both the program and chapter 211 of this title be conducted 
using a scientifically recognized method of testing capable of deter-
mining 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 dispute or grievance raised by a railroad 
carrier or its employee, except a probationary employee, in connec-
tion with the carrier’s alcohol and drug testing program and the 
application 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 section 20164 the 
following: 
‘‘20165. Limitations on non-Federal alcohol and drug testing by railroad carriers.’’. 
SEC. 410. CRITICAL INCIDENT STRESS PLAN. 
(a) IN GENERAL.—The Secretary of Transportation, in consulta-
tion 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 railroad carrier, and each com-
muter 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.
H. R. 2095—41 
(b) PLAN REQUIREMENTS.—Each such plan shall include provi-
sions 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; 
(2) upon the employee’s request, relieving an employee 
who witnessed a critical incident of his or her duties following 
any actions necessary for the safety of persons and contempora-
neous documentation of the incident; and 
(3) providing such leave from normal duties as may be 
necessary and reasonable to receive preventive services, treat-
ment, or both, related to the incident. 
(c) SECRETARY TO DEFINE WHAT CONSTITUTES A CRITICAL 
INCIDENT.—Within 30 days after the date of enactment of this 
Act, the Secretary shall initiate a rulemaking proceeding to define 
the term ‘‘critical incident’’ for the purposes of this section. 
SEC. 411. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION 
STUDY. 
(a) STUDY.—The Secretary of Transportation shall, in consulta-
tion with the Secretary of Energy, the Secretary of Labor, the 
Administrator of the Environmental Protection Agency, and the 
Chairman of the Nuclear Regulatory Commission, as appropriate, 
conduct a study of the potential hazards to which employees of 
railroad carriers and railroad contractors or subcontractors are 
exposed during the transportation of high-level radioactive waste 
and spent nuclear fuel (as defined in section 5101(a) of title 49, 
United States 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 protec-
tion from radiation exposure for such employees during the 
first trimester of pregnancy or who are undergoing or have 
recently undergone radiation therapy; 
(2) the feasibility of requiring real-time dosimetry moni-
toring for such employees; 
(3) the feasibility of requiring routine radiation exposure 
monitoring in fixed railroad locations, such as yards and repair 
facilities; and 
(4) a review of the effectiveness of the Department’s pack-
aging requirements for radioactive materials. 
(b) REPORT.—Not later than 18 months after the date of enact-
ment 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 subcontractor to a railroad carrier 
from unsafe exposure to radiation during the transportation of 
high-level radioactive waste and spent nuclear fuel to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and Infra-
structure. 
(c) REGULATORY AUTHORITY.—The Secretary of Transportation 
may issue regulations that the Secretary determines appropriate, 
pursuant to the report required by subsection (b), to protect railroad
H. R. 2095—42 
employees from unsafe exposure to radiation during the transpor-
tation 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 rule-
making proceeding to revise the regulations prescribed under sec-
tion 20140 of title 49, United States Code, to cover all employees 
of railroad carriers and contractors or subcontractors 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 Transpor-
tation shall prescribe regulations that require railroad carriers— 
‘‘(1) to provide emergency escape breathing apparatus suit-
able to provide head and neck coverage with respiratory protec-
tion 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 condi-
tion; 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-inhalation haz-
ardous materials (as defined in parts 171.8, 173.115, and 
173.132 of title 49, Code of Federal Regulations) per year, 
maintain, for at least two years, historical documentation of struc-
tural inspection and maintenance activities for such tunnels, 
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 carrier shall provide peri-
odic briefings on such information to the governments of the local 
jurisdiction in which the tunnel is located, including updates when-
ever a repair or rehabilitation project substantially alters the
H. R. 2095—43 
methods of ingress and egress. Such governments shall use appro-
priate means to protect and restrict the distribution of any security 
sensitive information (as defined in part 1520.5 of title 49, Code 
of Federal 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 require-
ments relating to safety inspections of diesel-electric locomotives 
and equipment that are operated in limited service by railroad- 
related museums, historical societies, and tourist or scenic railroads. 
The study shall include an analysis of the safety consequences 
of requiring less frequent inspections of such locomotives and equip-
ment, including periodic inspections or inspections based on service 
days and air brake inspections. 
(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 Transportation certifies 
that— 
(1) such inspections are being performed under regulations 
and standards equivalent to those applicable in the United 
States; 
(2) the inspections are being performed by employees that 
have received training similar to the training received by 
similar railroad employees in the United States; 
(3) inspection records that are required to be available 
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 Federal Railroad Adminis-
tration for review; and 
(4) the Federal Railroad Administration is permitted to 
perform onsite inspections for the purpose of ensuring compli-
ance with the requirements of this subsection. 
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 program to prevent the 
deterioration of railroad bridges and reduce 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 minimum, 
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;
H. R. 2095—44 
(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, determines bridge 
capacity; 
(3) to maintain, and update as appropriate, a record of 
the safe capacity of each bridge which carries its track and, 
if available, maintain the original design documents of each 
bridge and a documentation of all repairs, modifications, and 
inspections of the bridge; 
(4) to develop, maintain, and enforce a written procedure 
that will ensure that its bridges are not loaded beyond their 
capacities; 
(5) to conduct regular comprehensive inspections of each 
bridge, at least once every year, and maintain records of those 
inspections that include the date on which the inspection was 
performed, the precise identification of the bridge inspected, 
the items inspected, an accurate description of the condition 
of those items, and a narrative of any inspection item that 
is found by the inspector to be a potential problem; 
(6) to ensure that the level of detail and the inspection 
procedures are appropriate to the configuration of the bridge, 
conditions found during previous inspections, and the nature 
of the railroad traffic moved over the bridge, including car 
weights, train frequency and length, levels of passenger and 
hazardous materials traffic, and vulnerability of the bridge 
to damage; 
(7) to ensure that an engineer who is competent in the 
field of railroad bridge engineering— 
(A) is responsible for the development of all inspection 
procedures; 
(B) reviews all inspection reports; and 
(C) determines whether bridges are being inspected 
according to the applicable procedures and frequency, and 
reviews any items noted by an inspector as exceptions; 
and 
(8) to designate qualified bridge inspectors or maintenance 
personnel to authorize the operation of trains on bridges fol-
lowing repairs, damage, or indications of potential structural 
problems. 
(c) USE OF BRIDGE MANAGEMENT PROGRAMS REQUIRED.—The 
Secretary shall instruct bridge experts to obtain 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 maintenance data from 
railroad carrier bridge inspectors and Federal Railroad Administra-
tion bridge experts. 
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: