I
107TH CONGRESS
2D SESSION
H. R. 4761
To reform the safety practices of the railroad industry, to prevent railroad
fatalities, injuries, and hazardous materials releases, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2002
Mr. OBERSTAR (for himself and Mr. FILNER) introduced the following bill;
which was referred to the Committee on Transportation and Infrastructure
A BILL
To reform the safety practices of the railroad industry, to
prevent railroad fatalities, injuries, and hazardous mate-
rials releases, 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. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Railroad Safety Reform Act of 2002’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Amendment of title 49, United States Code.
TITLE I—EMPLOYEE FATIGUE
Sec. 101. Definitions.
Sec. 102. Limitations on duty hours of train employees.
Sec. 103. Limitations on duty hours of signal employees.
Sec. 104. Limitations on duty hours of dispatching service employees and power
directors.
Sec. 105. Employee sleeping quarters.
Sec. 106. Fatigue management plans.
Sec. 107. Conforming amendments.
Sec. 108. Limitations on duty hours of transport vehicle drivers.
Sec. 109. Electronic recordkeeping.
Sec. 110. Split shifts.
Sec. 111. Rotating shifts.
Sec. 112. Recommendations on hours of service changes.
TITLE II—PROTECTION OF EMPLOYEES AND WITNESSES
Sec. 201. Expansion of employee protections.
Sec. 202. Employee reports.
Sec. 203. Audits of reporting.
Sec. 204. Interfering with or hampering safety investigations.
TITLE III—GRADE CROSSING SAFETY
Sec. 301. Toll-free number to report grade crossing problems.
Sec. 302. Grade crossing signal violations.
TITLE IV—PASSENGER SERVICE SAFETY STANDARDS
Sec. 401. Emergency windows.
Sec. 402. Passenger railroad signal systems.
Sec. 403. Passenger locomotive fuel tanks.
Sec. 404. Positive train control.
TITLE V—SAFETY RULEMAKING AND ENFORCEMENT
Sec. 501. Purpose.
Sec. 502. Railroad safety conference.
Sec. 503. Rulemaking process.
Sec. 504. Crane safety.
Sec. 505. Railroad car visibility.
Sec. 506. High-speed rail noise regulation.
Sec. 507. Track safety.
Sec. 508. Enhanced inspection and investigation authority under the Federal
railroad safety laws.
Sec. 509. Expansion of emergency order authority.
Sec. 510. Safety inspectors.
TITLE VI—MISCELLANEOUS PROVISIONS
Sec. 601. Safety considerations in grants or loans to commuter railroads.
Sec. 602. Technical amendments regarding adjustment of civil penalties for in-
flation.
Sec. 603. Certification of locomotive engineers and other safety-related railroad
personnel.
Sec. 604. Transport motor vehicle inspections.
Sec. 605. Conrail safety exemption.
Sec. 606. Seniority rights.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The railroad industry has achieved a reduc-
tion in the number of fatalities, and the number of
some types of accidents, such as collisions and
grade-crossing accidents, has fallen sharply. But the
number of derailments and employee fatalities has
remained almost unchanged in recent years, and
some key safety issues have not been adequately ad-
dressed. Employee fatigue remains a critical prob-
lem, and harassment and intimidation of railroad
employees continue to cast doubt on the reliability of
rail safety statistics and to create a hostile working
environment that is not conducive to safety. Con-
certed efforts are needed to address these problems
so that railroad safety can be further improved.
(2) The Safety Assurance and Compliance Pro-
gram is an approach to safety that emphasizes the
active partnership of the Federal Railroad Adminis-
tration, rail labor representatives, and railroad man-
agement in identifying current safety problems and
jointly developing effective solutions to those prob-
lems. One fundamental principle of this approach is
tracing a safety problem to its root cause and at-
tacking that cause rather than only its symptoms.
Where a problem is determined to be system-wide,
this approach calls for a system-wide solution.
Under this approach, the Federal Railroad Adminis-
tration seeks to focus its inspection and enforcement
resources on the most serious safety problems. This
approach has demonstrated significant capacity for
identifying and eliminating the root cause of system-
wide safety problems by enlisting those most directly
affected by such problems—railroad employees and
managers—in a partnership effort. Used together
with the Federal Railroad Administration’s regular
inspections and enforcement tools, this approach
provides a firm basis for addressing the safety chal-
lenges facing the changing railroad industry and ad-
vancing toward the safety program’s ultimate goal of
zero tolerance for any safety hazard in the railroad
industry.
(3) The Railroad Safety Advisory Committee,
which was established under the Federal Advisory
Committee Act (5 U.S.C. App. 2), is proving to be
an effective means of involving interested members
of the railroad community in the development of
railroad safety rules issued by the Federal Railroad
Administration. The continued use of this collabo-
rative method of developing safety regulations is
more likely to produce rules that are based on an in-
dustry consensus and, accordingly, that are more
readily understood and more consistently complied
with, than rules developed under more traditional
methods.
SEC. 3. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or a repeal of, a section or other
provision, the reference shall be considered to be made to
a section or other provision of title 49, United States
Code.
TITLE I—EMPLOYEE FATIGUE
SEC. 101. DEFINITIONS.
Section 21101 is amended—
(1) by amending paragraph (2) to read as fol-
lows:
‘‘(2) ‘dispatching service employee’ means an
operator, train dispatcher, or other train employee,
including an employee of an independent contractor,
who—
‘‘(A) by the use of an electrical or mechan-
ical device dispatches, reports, transmits, re-
ceives, or delivers orders related to or affecting
train movements; or
‘‘(B) directly supervises an employee who
carries out responsibilities described in subpara-
graph (A),
but such term does not include a power director.’’;
(2) by redesignating paragraphs (3), (4), and
(5), as paragraphs (4), (7), and (8), respectively;
(3) by inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3) ‘dually employed’ means being at the same
time in the employ of two or more railroad carriers,
of two or more independent contractors, or of both
one or more railroad carriers and one or more inde-
pendent contractors.’’;
(4) in paragraph (4), as so redesignated by
paragraph (2) of this section, by striking ‘‘or a train
employee’’ and inserting ‘‘a train employee, a power
director, or a transport vehicle driver’’;
(5) by inserting after paragraph (4), as so re-
designated by paragraph (2) of this section, the fol-
lowing new paragraphs:
‘‘(5) ‘independent contractor’ means an inde-
pendent contractor to a railroad carrier and includes
a subcontractor to an independent contractor.
‘‘(6) ‘power director’ means—
‘‘(A) a train employee, including an em-
ployee of an independent contractor, who af-
fects the movement of trains through control of
third rail or pantographic electric power; and
‘‘(B) an individual, including an employee
of an independent contractor, who—
‘‘(i) supervises operations and section-
alizing of an electric power distribution
system which transmits electrical energy
for the propulsion of trains;
‘‘(ii) directs opening and closing of
circuit breakers affecting the movement of
trains and for the protection of employees
and others engaged in work on, or in close
proximity to, any portion of the electric
power distribution system which transmits
electrical energy for the propulsion of
trains; or
‘‘(iii) disconnects and sectionalizes
switches as required for the movement of
trains and for the protection of employees
and others engaged in work on, or in close
proximity to, any portion of the electric
power distribution system which transmits
electrical energy for the propulsion of
trains.’’;
(6) in paragraph (7), as so redesignated by
paragraph (2) of this section, by striking ‘‘employed
by a railroad carrier who is engaged in installing, re-
pairing, or maintaining signal systems’’ and insert-
ing ‘‘engaged in installing, repairing, or maintaining
signal systems, including an employee of an inde-
pendent contractor, and including any individual
who directly supervises an individual engaged in
those activities’’;
(7) in paragraph (8), as so redesignated by
paragraph (2) of this section, by inserting ‘‘and an
employee of an independent contractor, and any in-
dividual who directly supervises an individual en-
gaged in those activities’’ after ‘‘including a hos-
tler’’; and
(8) by adding at the end the following new
paragraphs:
‘‘(9) ‘transport motor vehicle’ means a motor
vehicle used to transport any person employed by a
railroad carrier or its independent contractors to or
from a work site.
‘‘(10) ‘transport vehicle driver’ means a man-
ager, supervisor, official, agent, or other employee of
a railroad carrier or its independent contractor who
drives a transport motor vehicle to or from a work
site for the purpose of transporting persons em-
ployed by a railroad carrier or its independent con-
tractors.’’.
SEC. 102. LIMITATIONS ON DUTY HOURS OF TRAIN EM-
PLOYEES.
(a) 
GENERAL
RULES.—Section 
21103(a) 
is
amended—
(1) by striking ‘‘officers’’ and inserting ‘‘man-
agers, supervisors, officers,’’; and
(2) by striking paragraphs (1) and (2) and in-
serting in lieu thereof the following:
‘‘(1) unless that employee, during the prior 24
hours, has had at least 8 consecutive hours off duty,
during which the employee receives no communica-
tion from such employing railroad carrier or its
managers, supervisors, officers, and agents;
‘‘(2) for a period in excess of 12 consecutive
hours;
‘‘(3) after that employee has been on duty for
10 or more consecutive hours, unless that employee
immediately after being released from such period of
duty has at least 10 consecutive hours off duty;
‘‘(4) unless that employee has received notice at
least 8 hours before beginning such duty;
‘‘(5) unless that employee has had at least one
period of at least 24 consecutive hours off duty in
the past 7 days; and
‘‘(6) unless, when last released from duty at
that employee’s home terminal, the employee had as
much time off duty at the employee’s home terminal
as the employee most recently had off duty at an
away-from-home designated terminal of the em-
ployee.
In the case of a dually employed employee, a railroad car-
rier shall not be held responsible for violating this sub-
section because of the employee’s work schedule for an-
other 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 sen-
tence, a railroad carrier’s managers, supervisors, officers,
and agents shall be considered to have actual knowledge
of the work schedules of the train employees of its inde-
pendent contractors. A railroad carrier shall be held re-
sponsible for the actions of its independent contractors in
requiring or allowing a train employee to remain or go
on duty.’’.
(b) 
DETERMINING
TIME
ON
DUTY.—Section
21103(b) is amended—
(1) in paragraph (3), by striking ‘‘the railroad
carrier’’ and inserting ‘‘a railroad carrier or inde-
pendent contractor’’;
(2) in paragraph (4), by inserting ‘‘or waiting
on a train for deadhead transportation from a duty
assignment’’ after ‘‘to a duty assignment’’;
(3) in paragraph (7)(D), by striking ‘‘officer or
agent’’ and inserting ‘‘manager, supervisor, officer,
or agent’’; and
(4) by inserting the following new paragraph at
the end:
‘‘(8) All time on duty for any railroad carrier
or independent contractor shall be included.’’.
(c) NOTICE ABOUT DUAL EMPLOYMENT.—Section
21103 is amended by adding at the end the following new
subsection:
‘‘(d) NOTICE ABOUT DUAL EMPLOYMENT.—(1) Not
later than January 31 each year, a railroad carrier shall
inform in writing each train employee engaged in or con-
nected with the movement of a train the railroad carrier
operates—
‘‘(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 employee’s responsibilities 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 train employee 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 employee’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 of such notification shall be made available to rep-
resentatives of the Secretary of Transportation for inspec-
tion and copying during normal business hours at the rail-
road carrier’s or independent contractor’s system head-
quarters and at such subsystem headquarters as may be
required by the Secretary by regulation.’’.
SEC. 103. LIMITATIONS ON DUTY HOURS OF SIGNAL EM-
PLOYEES.
(a) GENERAL
RULES.—Section 21104(a)(2) is
amended—
(1) by striking ‘‘officers’’ and inserting ‘‘man-
agers, supervisors, officers,’’; and
(2) by inserting after subparagraph (C) the fol-
lowing:
‘‘In the case of a dually employed employee, a railroad
carrier shall not be held responsible for violating this para-
graph because of the employee’s work schedule for another
employer if none of the railroad carrier’s managers, super-
visors, officers, and agents had actual knowledge of that
work schedule. For purposes of the preceding sentence, a
railroad carrier’s managers, supervisors, officers, and
agents shall be considered to have actual knowledge of the
work schedules of the signal employees of its independent
contractors. A railroad carrier shall be held responsible for
the actions of its independent contractors in requiring or
allowing a signal employee to remain or go on duty.’’.
(b) 
DETERMINING
TIME
ON
DUTY.—Section
21104(b) is amended—
(1) in paragraph (2), by striking ‘‘the railroad
carrier’’ and inserting ‘‘a railroad carrier or inde-
pendent contractor’’;
(2) in paragraph (3), by striking ‘‘, except that
up to one hour of that time spent returning from the
final trouble call of a period of continuous or broken
service is time off duty’’; and
(3) by inserting the following new paragraph at
the end:
‘‘(8) All time on duty for any railroad carrier
or independent contractor shall be included.’’.
(c) EMERGENCIES.—Section 21104(c) is amended by
adding at the end the following: ‘‘In the case of a grade
crossing at which a grade crossing protection device is con-
tinuously operating or wholly nonoperational, a signal em-
ployee may be allowed to remain or go on duty as provided
under this subsection to prevent motorists from entering
such grade crossing, but may not be allowed to remain
or go on duty as provided under this subsection to repair
or inspect the device. If a signal employee has not received
8 or 10 consecutive hours off duty as required by sub-
section (a)(2), and such employee is called to duty between
12 midnight and 6 a.m., the employee in his sole judgment
may refuse to go on duty if he feels too tired to perform
the work safely.’’.
informed about the employee’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.’’.
SEC. 104. LIMITATIONS ON DUTY HOURS OF DISPATCHING
SERVICE EMPLOYEES AND POWER DIREC-
TORS.
(a) APPLICATION.—Section 21105(a) is amended by
inserting ‘‘or power director’’ after ‘‘dispatching service
employee’’.
(b) 
GENERAL
RULES.—Section 
21105(b) 
is
amended—
(1) by striking ‘‘subsection (d)’’ and inserting
‘‘subsection (e)’’;
‘‘(c) POWER DIRECTORS.—A railroad carrier and its
managers, supervisors, officers, and agents may not re-
quire or allow a power director to remain or go on duty
for more than a total of 12 hours during a 24-hour pe-
riod.’’.
(e) 
DETERMINING
TIME
ON
DUTY.—Section
21105(d), as so redesignated by subsection (c) of this sec-
tion, is amended to read as follows:
‘‘(d) DETERMINING TIME ON DUTY.—In determining
under subsection (b) or (c) the time a dispatching service
employee or power director is on or off duty, time spent
performing any other service for one or more railroad car-
riers or independent contractors (or a combination there-
of) during a 24-hour period in which the employee is on
duty in a tower, office, station, or other place is time on
duty in that tower, office, station, or place, and counts
toward the employee’s aggregate time on duty.’’.
(f) NOTICE ABOUT DUAL EMPLOYMENT.—Section
21105 is amended by adding at the end the following new
subsection:
‘‘(f) NOTICE ABOUT DUAL EMPLOYMENT.—(1) Not
later than January 31 each year, a railroad carrier shall
inform each of its dispatching service employees and power
directors 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 employee’s responsibilities 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 dispatching service employee
or power director 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 employee’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.’’.
(g) TECHNICAL AMENDMENTS.—(1) The heading of
section 21105 is amended by inserting ‘‘and power di-
rectors’’ after ‘‘service employees’’.
(2) The item in the table of sections of chapter 211
relating to section 21105 is amended by inserting ‘‘and
power directors’’ after ‘‘service employees’’.
SEC. 105. EMPLOYEE SLEEPING QUARTERS.
Section 21106 is amended to read as follows:
‘‘§ 21106. Limitations on employee sleeping quarters
‘‘(a) GENERAL RULE.—A railroad carrier and its
managers, supervisors, officers, and agents may provide
sleeping quarters (including crew quarters, camp or bunk
cars, and trailers) for employees, including signal employ-
ees, and for any individuals employed to maintain the
right of way of a railroad carrier, only if the sleeping
quarters—
‘‘(1) are clean, safe, and sanitary;
‘‘(2) give those employees and other individuals
an opportunity for rest free from the interruptions
caused by noise; and
‘‘(3) provide a separate bedroom for each em-
ployee or other individual.
‘‘(b) LOCATION.—Effective January 1, 2003, sleep-
ing quarters referred to in subsection (a) shall not be lo-
cated in an area or in the immediate vicinity of an area,
as determined under regulations prescribed by the Sec-
retary of Transportation, in which railroad switching or
humping operations are performed.
‘‘(c) MAXIMUM NOISE LEVELS.—The Secretary, in
prescribing regulations under this section, shall set max-
imum noise levels which may be experienced in sleeping
quarters. Such levels shall be based in part on single event
noise levels.’’.
SEC. 106. FATIGUE MANAGEMENT PLANS.
(a) AMENDMENT.—Chapter 211 is amended by add-
ing at the end the following new section:
‘‘§ 21109. Fatigue management plans
‘‘(a) PLAN SUBMISSION.—
‘‘(1) REQUIREMENT.—(A) Each Class I and
Class II railroad carrier, each railroad carrier pro-
viding intercity rail passenger transportation (as
such term is defined in section 24102), and each
railroad carrier providing commuter rail passenger
transportation (as such term is defined in section
24102), shall submit to the Secretary of Transpor-
tation a fatigue management plan that is designed
to reduce the fatigue experienced by railroad employ-
ees employed by the railroad carrier or its inde-
pendent contractors and to reduce the likelihood of
accidents and injuries caused by fatigue. The plan
shall address safety effects of fatigue on all employ-
ees, including employees not covered by this chapter.
The plan shall be submitted not later than 1 year
after the date of the enactment of this section, or
not later than 45 days prior to commencing oper-
ations, whichever is later.
‘‘(B) In the interest of railroad safety, addi-
tional categories or classes of railroad carriers may
be required to submit a fatigue management plan, as
determined under regulations prescribed by the Sec-
retary.
‘‘(C) The Secretary may require resubmission
or revision of a fatigue management plan at any
time.
‘‘(2) CONTENTS OF PLAN.—The fatigue man-
agement plan shall—
‘‘(A) include the railroad carrier’s—
‘‘(i) reasons for deciding whether to
include or not include each element de-
scribed in subsection (b)(2) and (3) in the
fatigue management plan; and
‘‘(ii) analysis supporting each element
included in the plan;
‘‘(B) describe how every condition on the
railroad carrier’s property, and every type of
employee, that is likely to be affected by fatigue
is addressed in the plan; and
‘‘(C) include the name, title, address, and
telephone number of the primary person to be
contacted with regard to review of the plan.
‘‘(3) APPROVAL.—(A) The Secretary shall re-
view each proposed plan and proposed amendment
to a plan and approve or disapprove such plan or
amendment based on whether the requirements of
this section are sufficiently and appropriately ad-
dressed and the proposals are adequately justified in
the plan or amendment.
‘‘(B) If the proposed plan or amendment to the
plan is not approved, the Secretary shall notify the
affected railroad carrier as to the specific points in
which the proposed plan or amendment to the plan
is deficient, and the railroad carrier shall correct all
deficiencies within 30 days following receipt of writ-
ten notice from the Secretary. If a railroad carrier
does not submit a plan (or, when directed by the
Secretary, an amended plan), or if a railroad car-
rier’s amended plan is not approved by the Sec-
retary, the Secretary shall prescribe a fatigue man-
agement plan for the railroad carrier.
‘‘(4) AMENDMENTS.—Each affected railroad
carrier shall file any proposed amendment to its plan
with the Secretary not later than 60 days prior to
the proposed effective date of the amendment.
‘‘(5) EMPLOYEE PARTICIPATION.—(A) Each af-
fected railroad carrier shall consult with, and employ
good faith and use its best efforts to reach agree-
ment by consensus with, all of its directly affected
employee groups on the contents of the fatigue man-
agement plan and amendments to the plan, and, ex-
cept as provided in subparagraph (C), shall jointly
with such groups submit the plan and each amend-
ment to the plan to the Secretary.
‘‘(B) In the event that labor organizations rep-
resent classes or crafts of directly affected employees
of the railroad carrier, the railroad carrier shall con-
sult with these organizations in drafting the plan
and amendments to the plan. The Secretary may
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,
including—
‘‘(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
‘‘(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 2002. 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 2002.’’.
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
2002, 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:
‘‘(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, 2004, 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, 2003.’’ 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 2002, 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,
2004, 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, 2004.
(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 Federal Rail-
road Safety Enhancement Act of 2002, and delivered to
a railroad carrier on or after January 1, 2004, for use
on passenger trains, except for a locomotive intended pri-
marily for yard switching 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, 2003—
‘‘(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, 2003, 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, 2004, 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, 2005.
‘‘(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 2002,’’.
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 Fed-
eral Railroad Safety Enhancement Act of 2002, the Sec-
retary of Transportation shall issue rules requiring that
no track inspection shall be conducted from a vehicle trav-
eling 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, 2004.’’.
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 2005,
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,
2004, 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
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,
2004, 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, 2004, 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,
2004, 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, 2004, 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, 2004, 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, 2004, 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
‘‘(2) the term ‘transport motor vehicle’ means
a motor vehicle used to transport employees of a
railroad carrier or its independent contractors to or
from a work site.’’.
(b) INSPECTION REQUIREMENT.—Section 20302 is
amended by adding at the end the following new sub-
section:
‘‘(f) TRANSPORT MOTOR VEHICLES.—A railroad car-
rier shall not require or allow a transport motor vehicle
to be used to transport employees to or from a work site,
whether that transport motor vehicle is owned or operated
by the railroad carrier or by an independent contractor
to the railroad carrier, unless the transport motor vehicle
has been tested and inspected at appropriate intervals, in
accordance with regulations promulgated by the Secretary,
to ensure that it has been properly maintained and can
safely transport railroad employees.’’.
SEC. 605. CONRAIL SAFETY EXEMPTION.
Section 711 of the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 797j) is repealed.
SEC. 606. SENIORITY RIGHTS.
(a) AMENDMENT.—Part E of subtitle V is amended
by adding at the end the following new chapter:
‘‘CHAPTER 285—SENIORITY RIGHTS
‘‘Sec.
‘‘28501. Seniority rights.
‘‘§ 28501. Seniority rights
‘‘Reemployment rights, seniority rights, and the right
to return to employment after a leave of absence from a
railroad carrier, negotiated by a labor organization pursu-
ant to the Railway Labor Act, shall not be considered for
purposes of section 208(b) of title 18 to be a financial
interest so substantial as to be deemed likely to affect the
integrity of the services which the Government may expect
from an officer or employee who has such rights. Such
an officer or employee shall be considered to have received
in advance a written determination to that effect.’’.
(b) TABLE OF CHAPTERS AMENDMENT.—The table
of chapters of part E of subtitle V is amended by adding
at the end the following new item:
‘‘285. SENIORITY RIGHTS .............................................................
28501’’.
Æ