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(1) 
by 
striking 
‘‘$10,000.’’ 
and 
inserting
‘‘$25,000.’’; and
(2) 
by 
striking 
‘‘$20,000.’’ 
and 
inserting
‘‘$100,000.’’.
SEC. 303. ENFORCEMENT REPORT.
(a) IN GENERAL.—Subchapter I of chapter 201, as
amended by section 107 of this Act, is amended by adding
at the end the following:
‘‘§ 20120. Enforcement Report.
‘‘(a) IN GENERAL.—Not later than December 31, 2008,
the Secretary of Transportation shall make available to the
public and publish on its public website an annual report
that—
‘‘(1) provides a summary of railroad safety and
hazardous materials compliance inspections and au-
dits that Federal or State inspectors conducted in the
prior fiscal year organized by type of alleged viola-
tion, including track, motive power and equipment,
signal, grade crossing, operating practices, accident
and incidence reporting, and hazardous materials;
‘‘(2) provides a summary of all enforcement ac-
tions taken by the Secretary or the Federal Railroad
Administration 
during 
the 
prior 
fiscal 
year,
including—
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‘‘(A) the number of civil penalties assessed
against railroad carriers, hazardous material
shippers, and individuals;
‘‘(B) the initial amount of civil penalties
assessed against railroad carriers, hazardous ma-
terials shippers, and individuals;
‘‘(C) the number of civil penalty cases set-
tled against railroad carriers, hazardous mate-
rial shippers, and individuals;
‘‘(D) the final amount of civil penalties as-
sessed against railroad carriers, hazardous mate-
rials shippers, and individuals;
‘‘(E) the difference between the initial and
final amounts of civil penalties assessed against
railroad carriers, hazardous materials shippers,
and individuals;
‘‘(F) the number of administrative hearings
requested and completed related to hazardous
materials transportation law violations or en-
forcement actions against individuals;
‘‘(G) the number of cases referred to the At-
torney General for civil or criminal prosecution;
‘‘(H) the number and subject matter of all
compliance orders, emergency orders or precursor
agreements;
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‘‘(3) analyzes the effect of the number of inspec-
tions conducted and enforcement actions taken on the
number and rate of reported accidents and incidents
and railroad safety;
‘‘(4) identifies the number of locomotive engineer
certification denial or revocation cases appealed to
and the average length of time it took to be decided
by—
‘‘(A) the Locomotive Engineer Review
Board;
‘‘(B) an Administrative Hearing Officer or
Administrative Law Judge; or
‘‘(C) the Administrator of the Federal Rail-
road Administration;
‘‘(5) provides any explanation regarding changes
in the Secretary’s or the Federal Railroad Adminis-
tration’s enforcement programs or policies that may
substantially affect the information reported; and
‘‘(6) includes any additional information that
the Secretary determines is useful to improve the
transparency of its enforcement program.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 201, as amended by section 107 of this Act, is
amended by inserting after the item relating to section
20119 the following:
‘‘20120. Enforcement report’’.
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SEC. 304. PROHIBITION OF INDIVIDUALS FROM PER-
FORMING 
SAFETY-SENSITIVE 
FUNCTIONS
FOR A VIOLATION OF HAZARDOUS MATE-
RIALS TRANSPORTATION LAW.
Section 20111(c) is amended to read as follows:
‘‘(c) ORDERS PROHIBITING INDIVIDUALS FROM PER-
FORMING SAFETY-SENSITIVE FUNCTIONS.—
‘‘(1) If an individual’s violation of this part,
chapter 51 of this title, or a regulation prescribed, or
an order issued, by the Secretary under this part or
chapter 51 of this title is shown to make that indi-
vidual unfit for the performance of safety-sensitive
functions, the Secretary, after providing notice and
an opportunity for a hearing, may issue an order
prohibiting the individual from performing safety-
sensitive functions in the railroad industry for a spec-
ified period of time or until specified conditions are
met.
‘‘(2) This subsection does not affect the Sec-
retary’s authority under section 20104 of this title to
act on an emergency basis.’’.
SEC. 305. RAILROAD RADIO MONITORING AUTHORITY.
Section 20107 is amended by inserting at the end the
following:
‘‘(c) RAILROAD RADIO COMMUNICATIONS.—
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‘‘(1) IN GENERAL.—To carry out the Secretary’s
responsibilities under this part and under chapter 51,
the Secretary may authorize officers, employees, or
agents of the Secretary to conduct, with or without
making their presence known, the following activities
in circumstances the Secretary finds to be reasonable:
‘‘(A) Intercepting a radio communication,
with or without the consent of the sender or other
receivers of the communication, but only where
such communication is broadcast or transmitted
over a radio frequency which is—
‘‘(i) authorized for use by one or more
railroad carriers by the Federal Commu-
nications Commission; and
‘‘(ii) primarily used by such railroad
carriers for communications in connection
with railroad operations.
‘‘(B) Communicating the existence, contents,
substance, purport, effect, or meaning of the com-
munication, subject to the restrictions in para-
graph (3).
‘‘(C) Receiving or assisting in receiving the
communication (or any information therein con-
tained).
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‘‘(D) Disclosing the contents, substance,
purport, effect, or meaning of the communication
(or any part thereof of such communication) or
using the communication (or any information
contained therein), subject to the restrictions in
paragraph (3), after having received the commu-
nication or acquired knowledge of the contents,
substance, purport, effect, or meaning of the com-
munication (or any part thereof).
‘‘(E) Recording the communication by any
means, including writing and tape recording.
‘‘(2) ACCIDENT PREVENTION AND ACCIDENT IN-
VESTIGATION.—The Secretary, and officers, employ-
ees, and agents of the Department of Transportation
authorized by the Secretary, may engage in the ac-
tivities authorized by paragraph (1) for the purpose
of accident prevention and accident investigation.
‘‘(3) USE
OF
INFORMATION.—(A) Information
obtained through activities authorized by paragraphs
(1) and (2) shall not be admitted into evidence in any
administrative or judicial proceeding except—
‘‘(i) in a prosecution of a felony under Fed-
eral or State criminal law; or
‘‘(ii) to impeach evidence offered by a party
other than the Federal Government regarding the
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existence, electronic characteristics, content, sub-
stance, purport, effect, meaning, or timing of, or
identity of parties to, a communication inter-
cepted pursuant to paragraphs (1) and (2) in
proceedings pursuant to section 5122, 5123,
20702(b), 20111, 20112, 20113, or 20114 of this
title.
‘‘(B) If information obtained through activities
set forth in paragraphs (1) and (2) is admitted into
evidence for impeachment purposes in accordance
with subparagraph (A), the court, administrative law
judge, or other officer before whom the proceeding is
conducted may make such protective orders regarding
the confidentiality or use of the information as may
be appropriate in the circumstances to protect pri-
vacy and administer justice.
‘‘(C) No evidence shall be excluded in an admin-
istrative or judicial proceeding solely because the gov-
ernment would not have learned of the existence of or
obtained such evidence but for the interception of in-
formation that is not admissible in such proceeding
under subparagraph (A).
‘‘(D) Information obtained through activities set
forth in paragraphs (1) and (2) shall not be subject
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to publication or disclosure, or search or review in
connection therewith, under section 552 of title 5.
‘‘(E) Nothing in this subsection shall be con-
strued to impair or otherwise affect the authority of
the United States to intercept a communication, and
collect, retain, analyze, use, and disseminate the in-
formation obtained thereby, under a provision of law
other than this subsection.
‘‘(4) APPLICATION WITH OTHER LAW.—Section
705 of the Communications Act of 1934 (47 U.S.C.
605) and chapter 119 of title 18 shall not apply to
conduct authorized by and pursuant to this sub-
section.’’.
SEC. 306. EMERGENCY WAIVERS.
Section 20103 is amended—
(1) by striking subsection (e) and inserting the
following:
‘‘(e) HEARINGS.—Except as provided in subsection (g)
of this section, the Secretary shall conduct a hearing as pro-
vided by section 553 of title 5 when prescribing a regulation
or issuing an order under this chapter, including a regula-
tion or order establishing, amending, or waiving compli-
ance with a railroad safety regulation prescribed or order
issued under this chapter. An opportunity for an oral pres-
entation shall be provided.’’; and
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(2) by adding at the end thereof the following:
‘‘(g) EMERGENCY WAIVERS.—
‘‘(1) IN GENERAL.—The Secretary shall prescribe
procedures concerning the handling of requests for
waivers of regulations prescribed or orders issued
under this chapter in emergency situations and may
prescribe temporary emergency waiver procedures
without first providing an opportunity for public
comment. The Secretary may grant a waiver request
if the waiver is directly related to the emergency event
or necessary to aid in any recovery efforts and is in
the public interest and consistent with railroad safety.
The relief shall not extend for a period of more than
9 months, including the period of the relief granted
under any renewal of the waiver pursuant to the
emergency waiver procedures. For matters that may
impact the missions of the Department of Homeland
Security, the Secretary of Transportation shall con-
sult and coordinate with the Secretary of Homeland
Security as soon as practicable.
‘‘(2) WAIVER BEFORE HEARING.—If, under the emer-
gency waiver procedures established under paragraph (1)
of this subsection, the Secretary determines the public inter-
est would be better served by addressing a request for waiver
prior to providing an opportunity for a hearing under sec-
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tion 553 of title 5 and an oral presentation, the Secretary
may act on the waiver request and, if the request is granted,
the Secretary shall subsequently provide notice and an op-
portunity for a hearing and oral presentation pursuant to
procedures prescribed under paragraph (1) of this sub-
section. Should the Secretary receive comment or a request
for oral presentation on a waiver request after granting the
waiver, the Secretary may take any necessary action with
regard to that waiver (including rescission or modification)
based on the newly acquired information.
‘‘(3) EMERGENCY SITUATION; EMERGENCY EVENT.—In
this subsection, the terms ‘emergency situation’ and ‘emer-
gency event’ mean a natural or manmade disaster, such as
a hurricane, flood, earthquake, mudslide, forest fire, snow-
storm, terrorist act, biological outbreak, release of a dan-
gerous radiological, chemical, explosive, or biological mate-
rial, or a war-related activity, that poses a risk of death,
serious illness, severe injury, or substantial property dam-
age. The disaster may be local, regional, or national in
scope.’’.
SEC. 307. FEDERAL RAIL SECURITY OFFICERS’ ACCESS TO
INFORMATION.
(a) AMENDMENT.—Chapter 281 is amended by adding
at the end thereof the following:
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‘‘§ 28104. Federal rail security officers’ access to infor-
mation
‘‘(a) ACCESS TO RECORDS OR DATABASE SYSTEMS BY
THE ADMINISTRATOR OF THE FEDERAL RAILROAD ADMIN-
ISTRATION.—
‘‘(1) IN
GENERAL.—The Administrator of the
Federal Railroad Administration is authorized to
have access to a system of documented criminal jus-
tice information maintained by the Department of
Justice or by a State for the purpose of carrying out
the civil and administrative responsibilities of the
Administrator to protect the safety, including secu-
rity, of railroad operations and for other purposes au-
thorized by law, including the National Crime Pre-
vention and Privacy Compact (42 U.S.C. 14611-
14616). The Administrator shall be subject to the
same conditions or procedures established by the De-
partment of Justice or State for access to such an in-
formation system by other governmental agencies with
access to the system.
‘‘(2) LIMITATION.—The Administrator may not
use the access authorized under paragraph (1) to con-
duct criminal investigations.
‘‘(b) DESIGNATED EMPLOYEES
OF
THE FEDERAL
RAILROAD ADMINISTRATION.—The Administrator shall, by
order, designate each employee of the Administration whose
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primary responsibility is rail security who shall carry out
the authority described in subsection (a). The Adminis-
trator shall strictly limit access to a system of documented
criminal justice information to persons with security re-
sponsibilities and with appropriate security clearances.
Such a designated employee may, insofar as authorized or
permitted by the National Crime Prevention and Privacy
Compact or other law or agreement governing an affected
State with respect to such a State—
‘‘(1) have access to and receive criminal history,
driver, vehicle, and other law enforcement informa-
tion contained in the law enforcement databases of the
Department of Justice, or of any jurisdiction in a
State in the same manner as a police officer employed
by a State or local authority of that State who is cer-
tified or commissioned under the laws of that State;
‘‘(2) use any radio, data link, or warning system
of the Federal Government and of any jurisdiction in
a State that provides information about wanted per-
sons, be-on-the-lookout notices, or warrant status or
other officer safety information to which a police offi-
cer employed by a State or local authority in that
State who is certified or commissioned under the laws
of that State has access and in the same manner as
such police officer; or
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‘‘(3) receive Federal, State, or local government
communications with a police officer employed by a
State or local authority in that State in the same
manner as a police officer employed by a State or
local authority in that State who is commissioned
under the laws of that State.
‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUSTICE IN-
FORMATION DEFINED.—In this section, the term ‘system of
documented criminal justice information’ means any law
enforcement database, systems, or communications con-
taining information concerning identification, criminal
history, arrests, convictions, arrest warrants, or wanted or
missing persons, including the National Crime Information
Center and its incorporated criminal history databases and
the National Law Enforcement Telecommunications Sys-
tem.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 281 is amended by adding at the end the fol-
lowing:
‘‘28104. Federal rail officers’ access to information’’.
SEC. 308. UPDATE OF FEDERAL RAILROAD ADMINISTRA-
TION’S WEBSITE.
(a) IN GENERAL.—The Secretary shall update the Fed-
eral Railroad Administration’s public website to better fa-
cilitate the ability of the public, including those individuals
who are not regular users of the public website, to find cur-
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rent information regarding the Federal Railroad Adminis-
tration’s activities.
(b) PUBLIC REPORTING OF VIOLATIONS.—On the Fed-
eral Railroad Administration’s public website’s home page,
the Secretary shall provide a mechanism for the public to
submit written reports of potential violations of Federal
railroad safety and hazardous materials transportation
laws, regulations and orders to the Federal Railroad Ad-
ministration.
TITLE IV—RAILROAD SAFETY
ENHANCEMENTS
SEC. 401. EMPLOYEE TRAINING.
(a) IN GENERAL.—Subchapter II of chapter 201, as
amended by section 208 of this Act, is further amended by
adding at the end the following:
‘‘§ 20162. Employee training
‘‘(a) IN GENERAL.—Not later than 1 year after the
date of enactment of the Railroad Safety Enhancement Act
of 2008, the Secretary of Transportation shall prescribe reg-
ulations requiring railroad carriers and railroad carrier
contractors and subcontractors to develop training plans for
crafts and classes of employees, as the Secretary determines
appropriate.
‘‘(b) CONTENTS.—The Secretary shall require that
each training plan—
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‘‘(1) clearly identify the class of craft of employ-
ees to which the plan applies;
‘‘(2) require that employees be trained on the re-
quirements of relevant Federal railroad safety laws,
regulations, and orders;
‘‘(3) require employees to be tested or otherwise
demonstrate their proficiency in the subject matter of
the training; and
‘‘(4) contain any other relevant information that
the Secretary deems appropriate.
‘‘(c) SUBMISSION
FOR
APPROVAL.—The Secretary
shall require each railroad carrier, railroad carrier con-
tractor, and railroad carrier subcontractor to submit its
training plan to the Federal Railroad Administration for
review and approval.
‘‘(d) EXEMPTION.—The Secretary may exempt rail-
road carriers and railroad carrier contractors and sub-
contractors from submitting training plans covering em-
ployees for which the Secretary has issued training regula-
tions before the date of enactment of the Railroad Safety
Enhancement Act of 2008.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 201, as amended by section 208 of this Act, is
further amended by adding at the end thereof the following:
‘‘20162. Employee training’’.
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SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES
OF EMPLOYEES.
(a) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a report to
the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on
Transportation and Infrastructure about whether the cer-
tification 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.
(b) CRAFTS AND CLASSES TO BE CONSIDERED.—As
part of the report, the Secretary shall consider—
(1) conductors;
(2) car repair and maintenance employees;
(3) onboard service workers;
(4) rail welders;
(5) dispatchers;
(6) signal repair and maintenance employees;
and
(7) any other craft or class of employees that the
Secretary determines appropriate.
(c) REGULATIONS.—The Secretary may prescribe reg-
ulations requiring the certification of certain crafts or class-
es of employees that the Secretary determines pursuant to
the report required by subsection (a) are necessary to reduce
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the number and rate of accidents and incidents or to im-
prove railroad safety.
SEC. 403. TRACK INSPECTION TIME STUDY.
(a) STUDY.—Not later that 2 years after the date of
enactment of this Act, the Secretary shall—
(1) complete a study to determine whether—
(A) the required intervals of track inspec-
tions for each class of track should be amended;
(B) track remedial action requirements
should be amended;
(C) different track inspection and repair
priorities or methods should be required; and
(2) issue recommendations for changes to the
Federal track safety standards in part 213 of title 49,
Code of Federal Regulations, based on the results of
the study.
(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 implementing new or novel rail inspection tech-
nology for routine track inspections;
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(3) information from National Transportation
Safety Board or Federal Railroad Administration ac-
cident investigations where track defects were the
cause or a contributing cause; and
(4) other relevant information, as determined by
the Secretary.
(c) UPDATE OF REGULATIONS.—Not later than 2 years
after the completion of the study required by subsection (b),
the Secretary shall prescribe regulations implementing the
recommendations of the study.
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, efficient, 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 enactment of this Act, the Secretary, through the Rail-
road Safety Advisory Committee if the Secretary makes
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such a request, shall complete a study on the safety impact
of the use of personal electronic devices, including cell
phones, video games, and other distracting devices, by safe-
ty-related railroad employees (as defined in section
20102(4) of title 49, United States Code), during the per-
formance of such employees’ duties. The study shall consider
the prevalence of the use of such devices.
(b) LOCOMOTIVE CAB ENVIRONMENT.—The Secretary
may also study other elements of the locomotive cab environ-
ment and their effect on an employee’s health and safety.
(c) REPORT.—Not later than 6 months after the com-
pletion 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 Infra-
structure.
(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 subsection (b),
the Secretary may prescribe regulations to improve ele-
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ments of the cab environment to protect an employee’s
health and safety.
SEC. 406. RAILROAD SAFETY TECHNOLOGY GRANTS.
(a) IN GENERAL.—Subchapter II of chapter 201, as
amended by section 401 of this Act, is further amended by
adding at the end thereof the following:
‘‘§ 20163. Railroad safety technology grants
‘‘(a) GRANT PROGRAM.—The Secretary of Transpor-
tation shall establish a grant program for the deployment
of train control technologies, train control component tech-
nologies, processor-based technologies, electronically con-
trolled pneumatic brakes, rail integrity inspection systems,
rail integrity warning systems, switch position indicators,
remote control power switch technologies, track integrity
circuit technologies, and other new or novel railroad safety
technology.
‘‘(b) GRANT CRITERIA.—
‘‘(1) ELIGIBILITY.—Grants shall be made under
this section to eligible passenger and freight railroad
carriers, railroad suppliers, and State and local gov-
ernments for projects described in subsection (a) that
have a public benefit of improved safety and network
efficiency.
‘‘(2) CONSIDERATIONS.—Priority shall be given
to projects that—
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‘‘(A) focus on making technologies inter-
operable between railroad systems, such as train
control technologies;
‘‘(B) provide incentives for train control
technology deployment on high-risk corridors,
such as those that have high volumes of haz-
ardous materials shipments or over which com-
muter or passenger trains operate; or
‘‘(C) benefit both passenger and freight safe-
ty and efficiency.
‘‘(3) TECHNOLOGY
IMPLEMENTATION
PLAN.—
Grants may not be awarded under this section to en-
tities that fail to develop and submit to the Secretary
a technology implementation plan as required by sec-
tion 20157(d)(2).
‘‘(4) MATCHING REQUIREMENTS.—Federal funds
for any eligible project under this section shall not ex-
ceed 50 percent of the total cost of such project.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of Transpor-
tation $10,000,000 for each of fiscal years 2008 through
2013 to carry out this section. Amounts appropriated pur-
suant to this section shall remain available until ex-
pended.’’.
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(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 201, as amended by section 401 of this Act, is
further amended by inserting after the item relating to sec-
tion 20163 the following:
‘‘20163. Railroad safety technology grants’’.
SEC. 407. RAILROAD SAFETY INFRASTRUCTURE IMPROVE-
MENT GRANTS.
(a) IN GENERAL.—Subchapter II of chapter 201, as
amended by section 406 of this Act, is further amended by
adding at the end thereof the following:
‘‘§ 20164. Railroad safety infrastructure improvement
grants
‘‘(a) GRANT PROGRAM.—The Secretary of Transpor-
tation shall establish a grant program for safety improve-
ments to railroad infrastructure, including the acquisition,
improvement, or rehabilitation of intermodal or rail equip-
ment or facilities, including track, bridges, tunnels, yards,
buildings, passenger stations, facilities, and maintenance
and repair shops.
‘‘(b) ELIGIBILITY.—Grants shall be made under this
section to eligible passenger and freight railroad carriers,
and State and local governments for projects described in
subsection (a).
‘‘(c) CONSIDERATIONS.—In awarding grants the Sec-
retary shall consider, at a minimum—
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‘‘(1) the age and condition of the rail infrastruc-
ture of the applicant;
‘‘(2) the railroad’s safety record, including acci-
dent and incident numbers and rates;
‘‘(3) the volume of hazardous materials trans-
ported by the railroad;
‘‘(4) the operation of passenger trains over the
railroad; and
‘‘(5) whether the railroad has submitted a rail-
road safety risk reduction program, as required by
section 20157.
‘‘(d) MATCHING REQUIREMENTS.—Federal funds for
any eligible project under this section shall not exceed 50
percent of the total cost of such project.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of Transpor-
tation $7,500,000 for each of fiscal years 2008 through 2013
to carry out this section. Amounts appropriated pursuant
to this subsection shall remain available until expended.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 201, as amended by section 406 of this Act, is
amended by inserting after the item relating to section
20163 the following:
‘‘20164. Railroad safety infrastructure improvement grants’’.
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SEC. 408. AMENDMENT TO THE MOVEMENT-FOR-REPAIR
PROVISION.
Section 20303 is amended by adding at the end the
following:
‘‘(d) ADDITIONAL CONDITIONS
FOR MOVEMENT TO
MAKE REPAIRS TO DEFECTIVE OR INSECURE VEHICLES.—
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation may impose conditions for the movement of a
defective or insecure vehicle to make repairs in addi-
tion to those conditions set forth in subsection (a) by
prescribing regulations or issuing orders as necessary.
‘‘(2) NECESSITY OF MOVEMENT.—The movement
of a defective or insecure vehicle from a location may
be necessary to make repairs of the vehicle even
though a mobile repair truck capable of making the
repairs has gone to the location on an irregular basis
(as specified in regulations prescribed by the Sec-
retary).
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) NEAREST.—The term ‘nearest’ means the
closest in the forward direction of travel for the defec-
tive or insecure vehicle.
‘‘(2) PLACE AT WHICH THE REPAIRS CAN BE
MADE.—The term ‘place at which the repairs can be
made’ means—
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‘‘(A) a location with a fixed facility for con-
ducting the repairs that are necessary to bring
the defective or insecure vehicle into compliance
with this chapter; or
‘‘(B) a location where a mobile repair truck
capable of making the repairs that are necessary
to bring the defective or insecure vehicle into
compliance with this chapter makes the same
kind of repair at the location regularly (as speci-
fied in regulations prescribed by the Sec-
retary).’’.
SEC. 409. DEVELOPMENT AND USE OF RAIL SAFETY TECH-
NOLOGY.
(a) IN GENERAL.—Subchapter II of chapter 201, as
amended by section 407 of this Act, is further amended by
adding at the end the following new section:
‘‘§ 20165. Development and use of rail safety tech-
nology
‘‘(a) IN GENERAL.—Not later than 1 year after enact-
ment 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
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otherwise not covered by Federal standards, guidance, regu-
lations, or orders that ensures its safe operation, such as—
‘‘(1) switch position monitoring devices;
‘‘(2) radio, remote control or other power-assisted
switches;
‘‘(3) hot box, high water or earthquake detectors;
‘‘(4) remote control locomotive zone limiting de-
vices;
‘‘(5) slide fences;
‘‘(6) grade crossing video monitors;
‘‘(7) track integrity warning systems;
‘‘(8) or 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 sys-
tem that does not have a signal or train control system in-
stalled or operational.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 201, as amended by section 407 of this Act, is
amended by inserting after the item relating to section
20164 the following:
‘‘20165. Development and use of rail safety technology’’.
SEC. 410. EMPLOYEE SLEEPING QUARTERS.
Section 21106 is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A
railroad carrier’’;
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(2) by striking ‘‘sanitary and give those employ-
ees and individuals an opportunity for rest free from
the interruptions caused by noise under the control of
the carrier;’’ in paragraph (1) and inserting ‘‘sani-
tary, give those employees and individuals an oppor-
tunity for rest free from the interruptions caused by
noise under the control of the carrier, and provide in-
door toilet facilities, potable water, and other features
to protect the health of employees;’’ and
(3) by adding at the end the following:
‘‘(b) CAMP CARS.—No later than 12 months after the
date of enactment of the Railroad Safety Enhancement Act
of 2008, the Secretary, in consultation with the Secretary
of Labor, shall prescribe regulations governing the use of
camp cars, pursuant to subsection (a)(1), for employees and
any individuals employed to maintain the right of way of
a railroad carrier. The regulations may also prohibit the
use of camp cars, if necessary, to protect the health and
safety of the employees.’’.
SEC. 411. EMPLOYEE PROTECTIONS.
Section 20109(a) is amended—
(1) by redesignating paragraphs (5) through (7)
as paragraphs (6) through (8), respectively; and
(2) by inserting after paragraph (4) the fol-
lowing:
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‘‘(5) to request that a railroad carrier provide
first aid, prompt medical treatment, or transpor-
tation to an appropriate medical facility or hospital
after being injured during the course of employment,
or to comply with treatment prescribed by a physi-
cian or licensed health care professional, except that
a railroad carrier’s refusal to permit an employee to
return to work upon that employee’s release by his or
her physician or licensed health care professional
shall not be considered discrimination if the refusal is
in compliance with the carrier’s medical standards
for fitness for duty;’’.
SEC. 412. UNIFIED TREATMENT OF FAMILIES OF RAILROAD
CARRIERS.
Section 20102(3), as redesignated by section 2(b) of
this Act, is amended to read as follows:
‘‘(3) ‘railroad carrier’ means a person providing
railroad transportation, except that, upon petition by
a group of commonly controlled railroad carriers that
the Secretary determines is operating within the
United States as a single, integrated rail system, the
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
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to any appropriate conditions that the Secretary may
impose.’’.
SEC. 413. STUDY OF REPEAL OF CONRAIL PROVISION.
Within 1 year after the date of enactment of this Act,
the Secretary shall complete a study of the impacts of re-
pealing section 711 of the Regional Rail Reorganization Act
of 1973 (45 U.S.C. 797j). Within 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 Trans-
portation and the House of Representatives Committee on
Transportation and Infrastructure.
SEC. 414. LIMITATIONS ON NON-FEDERAL ALCOHOL AND
DRUG TESTING BY RAILROAD CARRIERS.
(a) IN GENERAL.—Chapter 20l, as amended by section
409, is further amended by adding at the end the following:
‘‘§ 20166. Limitations on non-Federal alcohol and
drug testing
‘‘(a) TESTING REQUIREMENTS.—Any non-Federal al-
cohol and drug testing program of a railroad carrier must
provide that all post-employment tests of the specimens of
employees who are subject to both the program and chapter
211 of this title be conducted using a scientifically recog-
nized method of testing capable of determining the presence
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of the specific analyte at a level above the cut-off level estab-
lished 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 pro-
gram. 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 409 of this Act, is
further amended by inserting after the item relating to sec-
tion 20165 the following:
‘‘20166. Limitations on non-Federal alcohol and drug testing by railroad car-
riers’’.
SEC. 415. CRITICAL INCIDENT STRESS PLAN.
(a) IN GENERAL.—The Secretary of Transportation,
in consultation with the Secretary of Labor and the Sec-
retary of Health and Human Services, as appropriate, shall
require each Class I railroad carrier, each intercity pas-
senger railroad carrier, and each commuter railroad carrier
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to develop and submit for approval to the Secretary a crit-
ical incident stress plan that provides for debriefing, coun-
seling, guidance, and other appropriate support services to
be offered to an employee affected by a critical incident.
(b) PLAN REQUIREMENTS.—Each such plan shall in-
clude provisions 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 docu-
mentation of the incident;
(2) upon the employee’s request, relieving an em-
ployee who witnessed a critical incident of his or her
duties following any actions necessary for the safety
of persons and contemporaneous documentation of the
incident; and
(3) providing such leave from normal duties as
may be necessary and reasonable to receive preventive
services, treatment, or both, related to the incident.
(c) SECRETARY TO DEFINE WHAT CONSTITUTES A
CRITICAL INCIDENT.—Within 30 days after the date of en-
actment of this Act, the Secretary shall initiate a rule-
making proceeding to define the term ‘‘critical incident’’
for the purposes of this section.
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SEC. 416. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RA-
DIATION STUDY.
(a) STUDY.—The Secretary of Transportation shall, in
consultation with the Secretary of Energy, the Secretary of
Labor, the Administrator of the Environmental Protection
Agency, and the Chairman of the Nuclear Regulatory Com-
mission, as appropriate, conduct a study of the potential
hazards to which employees of railroad carriers and rail-
road contractors or subcontractors are exposed during the
transportation of high-level radioactive waste and spent nu-
clear fuel (as defined in section 5101(a) of title 49, United
States Code), supplementing the report submitted under sec-
tion 5101(b) of that title, which may include—
(1) an analysis of the potential application of
‘‘as low as reasonably achievable’’ principles for expo-
sure to radiation to such employees with an emphasis
on the need for special protection from radiation ex-
posure 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 dosim-
etry monitoring for such employees;
(3) the feasibility of requiring routine radiation
exposure monitoring in fixed railroad locations, such
as yards and repair facilities; and
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(4) a review of the effectiveness of the Depart-
ment of Transportation packaging requirements for
radioactive materials.
(b) REPORT.—No later than 18 months after the date
of enactment 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 pro-
tect 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 radio-
active 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 de-
termines appropriate, pursuant to the report required by
subsection (b), to protect railroad employees from unsafe ex-
posure to radiation during the transportation of radioactive
materials.
SEC. 417. ALCOHOL AND CONTROLLED SUBSTANCE TEST-
ING 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 rulemaking proceeding to revise the regulations prescribed
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under section 20140 of title 49, United States Code, to cover
all employees of railroad carriers and contractors or sub-
contractors to railroad carriers who perform maintenance-
of-way activities.
TITLE V—RAIL PASSENGER
DISASTER FAMILY ASSISTANCE
SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION
SAFETY BOARD TO FAMILIES OF PASSENGERS
INVOLVED IN RAIL PASSENGER ACCIDENTS.
(a) IN GENERAL.—Chapter 11 is amended by adding
at the end of subchapter III the following:
‘‘§ 1139. Assistance to families of passengers involved
in rail passenger accidents
‘‘(a) IN GENERAL.—As soon as practicable after being
notified of a rail passenger accident within the United
States involving a rail passenger carrier and resulting in
a major loss of life, the Chairman of the National Transpor-
tation Safety Board shall—
‘‘(1) designate and publicize the name and phone
number of a director of family support services who
shall be an employee of the Board and shall be re-
sponsible for acting as a point of contact within the
Federal Government for the families of passengers in-
volved in the accident and a liaison between the rail
passenger carrier and the families; and
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‘‘(2) designate an independent nonprofit organi-
zation, with experience in disasters and posttrauma
communication with families, which shall have pri-
mary responsibility for coordinating the emotional
care and support of the families of passengers in-
volved in the accident.
‘‘(b) RESPONSIBILITIES OF THE BOARD.—The Board
shall have primary Federal responsibility for—
‘‘(1) facilitating the recovery and identification
of fatally injured passengers involved in an accident
described in subsection (a); and
‘‘(2) communicating with the families of pas-
sengers involved in the accident as to the roles of—
‘‘(A) the organization designated for an ac-
cident under subsection (a)(2);
‘‘(B) Government agencies; and
‘‘(C) the rail passenger carrier involved,
with respect to the accident and the post-accident ac-
tivities.
‘‘(c) RESPONSIBILITIES OF DESIGNATED ORGANIZA-
TION.—The organization designated for an accident under
subsection (a)(2) shall have the following responsibilities
with respect to the families of passengers involved in the
accident:
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‘‘(1) To provide mental health and counseling
services, in coordination with the disaster response
team of the rail passenger carrier involved.
‘‘(2) To take such actions as may be necessary
to provide an environment in which the families may
grieve in private.
‘‘(3) To meet with the families who have traveled
to the location of the accident, to contact the families
unable to travel to such location, and to contact all
affected families periodically thereafter until such
time as the organization, in consultation with the di-
rector of family support services designated for the ac-
cident under subsection (a)(1), determines that fur-
ther assistance is no longer needed.
‘‘(4) To arrange a suitable memorial service, in
consultation with the families.
‘‘(d) PASSENGER LISTS.—
‘‘(1) REQUESTS FOR PASSENGER LISTS.—
‘‘(A) REQUESTS BY DIRECTOR OF FAMILY
SUPPORT
SERVICES.—It shall be the responsi-
bility of the director of family support services
designated for an accident under subsection
(a)(1) to request, as soon as practicable, from the
rail passenger carrier involved in the accident a
list, which is based on the best available infor-
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mation at the time of the request, of the names
of the passengers that were aboard the rail pas-
senger carrier’s train involved in the accident. A
rail passenger carrier shall use reasonable efforts,
with respect to its unreserved trains, and pas-
sengers not holding reservations on its other
trains, to ascertain the names of passengers
aboard a train involved in an accident.
‘‘(B) REQUESTS BY DESIGNATED ORGANIZA-
TION.—The organization designated for an acci-
dent under subsection (a)(2) may request from
the rail passenger carrier involved in the acci-
dent a list described in subparagraph (A).
‘‘(2) USE OF INFORMATION.—Except as provided
in subsection (k), the director of family support serv-
ices and the organization may not release to any per-
son information on a list obtained under paragraph
(1) but may provide information on the list about a
passenger to the family of the passenger to the extent
that the director of family support services or the or-
ganization considers appropriate.
‘‘(e) 
CONTINUING
RESPONSIBILITIES
OF
THE
BOARD.—In the course of its investigation of an accident
described in subsection (a), the Board shall, to the max-
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imum extent practicable, ensure that the families of pas-
sengers involved in the accident—
‘‘(1) are briefed, prior to any public briefing,
about the accident and any other findings from the
investigation; and
‘‘(2) are individually informed of and allowed to
attend any public hearings and meetings of the Board
about the accident.
‘‘(f) USE
OF
RAIL
PASSENGER
CARRIER
RE-
SOURCES.—To the extent practicable, the organization des-
ignated for an accident under subsection (a)(2) shall coordi-
nate its activities with the rail passenger carrier involved
in the accident to facilitate the reasonable use of the re-
sources of the carrier.
‘‘(g) PROHIBITED ACTIONS.—
‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No per-
son (including a State or political subdivision) may
impede the ability of the Board (including the direc-
tor of family support services designated for an acci-
dent under subsection (a)(1)), or an organization des-
ignated for an accident under subsection (a)(2), to
carry out its responsibilities under this section or the
ability of the families of passengers involved in the
accident to have contact with one another.
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‘‘(2) UNSOLICITED COMMUNICATIONS.—No unso-
licited communication concerning a potential action
for personal injury or wrongful death may be made
by an attorney (including any associate, agent, em-
ployee, or other representative of an attorney) or any
potential party to the litigation to an individual
(other than an employee of the rail passenger carrier)
injured in the accident, or to a relative of an indi-
vidual involved in the accident, before the 45th day
following the date of the accident.
‘‘(3) PROHIBITION
ON
ACTIONS
TO
PREVENT
MENTAL
HEALTH
AND
COUNSELING
SERVICES.—No
State or political subdivision may prevent the em-
ployees, agents, or volunteers of an organization des-
ignated for an accident under subsection (a)(2) from
providing mental health and counseling services
under subsection (c)(1) in the 30-day period begin-
ning on the date of the accident. The director of fam-
ily support services designated for the accident under
subsection (a)(1) may extend such period for not to
exceed an additional 30 days if the director deter-
mines that the extension is necessary to meet the
needs of the families and if State and local authori-
ties are notified of the determination.
‘‘(h) DEFINITIONS.—In this section:
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‘‘(1) RAIL
PASSENGER
ACCIDENT.—The term
‘rail passenger accident’ means any rail passenger
disaster resulting in a major loss of life occurring in
the provision of—
‘‘(A) interstate intercity rail passenger
transportation (as such term is defined in sec-
tion 24102); or
‘‘(B) interstate or intrastate high-speed rail
(as such term is defined in section 26105) trans-
portation,
regardless of its cause or suspected cause.
‘‘(2) RAIL PASSENGER CARRIER.—The term ‘rail
passenger carrier’ means a rail carrier providing—
‘‘(A) interstate intercity rail passenger
transportation (as such term is defined in sec-
tion 24102); or
‘‘(B) interstate or intrastate high-speed rail
(as such term is defined in section 26105) trans-
portation,
except that such term does not include a tourist, his-
toric, scenic, or excursion rail carrier.
‘‘(3) 
PASSENGER.—The 
term 
‘passenger’
includes—
‘‘(A) an employee of a rail passenger car-
rier aboard a train;
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‘‘(B) any other person aboard the train
without regard to whether the person paid for the
transportation, occupied a seat, or held a res-
ervation for the rail transportation; and
‘‘(C) any other person injured or killed in
a rail passenger accident, as determined appro-
priate by the Board.
‘‘(i) LIMITATION
ON STATUTORY CONSTRUCTION.—
Nothing in this section may be construed as limiting the
actions that a rail passenger carrier may take, or the obli-
gations that a rail passenger carrier may have, in pro-
viding assistance to the families of passengers involved in
a rail passenger accident.
‘‘(j) 
RELINQUISHMENT
OF
INVESTIGATIVE
PRI-
ORITY.—
‘‘(1) GENERAL RULE.—This section (other than
subsection (g)) shall not apply to a railroad accident
if the Board has relinquished investigative priority
under section 1131(a)(2)(B) and the Federal agency
to which the Board relinquished investigative priority
is willing and able to provide assistance to the vic-
tims and families of the passengers involved in the
accident.
‘‘(2) BOARD ASSISTANCE.—If this section does
not apply to a railroad accident because the Board
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has relinquished investigative priority with respect to
the accident, the Board shall assist, to the maximum
extent possible, the agency to which the Board has re-
linquished investigative priority in assisting families
with respect to the accident.
‘‘(k) SAVINGS CLAUSE.—Nothing in this section shall
be construed to abridge the authority of the Board or the
Secretary of Transportation to investigate the causes or cir-
cumstances of any rail accident, including development of
information regarding the nature of injuries sustained and
the manner in which they were sustained for the purposes
of determining compliance with existing laws and regula-
tions or for identifying means of preventing similar inju-
ries in the future, or both.’’.
(b) CONFORMING AMENDMENT.—The table of sections
for such chapter is amended by inserting after the item re-
lating to section 1138 the following:
‘‘1139. Assistance to families of passengers involved in rail passenger accidents’’.
SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMI-
LIES OF PASSENGERS INVOLVED IN RAIL PAS-
SENGER ACCIDENTS.
(a) IN GENERAL.—Chapter 243 is amended by adding
at the end the following:
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‘‘§ 24316. Plans to address needs of families of pas-
sengers involved in rail passenger acci-
dents
‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months
after the date of the enactment of the Railroad Safety En-
hancement Act of 2008, a rail passenger carrier shall sub-
mit to the Chairman of the National Transportation Safety
Board, the Secretary of Transportation, and the Secretary
of Homeland Security a plan for addressing the needs of
the families of passengers involved in any rail passenger
accident involving a rail passenger carrier intercity train
and resulting in a major loss of life.
‘‘(b) CONTENTS OF PLANS.—The plan to be submitted
by a rail passenger carrier under subsection (a) shall in-
clude, at a minimum, the following:
‘‘(1) A process by which a rail passenger carrier
will maintain and provide to the National Transpor-
tation Safety Board, the Secretary of Transportation,
and the Secretary of Homeland Security, immediately
upon request, a list (which is based on the best avail-
able information at the time of the request) of the
names of the passengers aboard the train (whether or
not such names have been verified), and will periodi-
cally update the list. The plan shall include a proce-
dure, with respect to unreserved trains and passengers
not holding reservations on other trains, for a rail
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passenger carrier to use reasonable efforts to ascertain
the number and names of passengers aboard a train
involved in an accident.
‘‘(2) A plan for creating and publicizing a reli-
able, toll-free telephone number within 4 hours after
such an accident occurs, and for providing staff, to
handle calls from the families of the passengers.
‘‘(3) A process for notifying the families of the
passengers, before providing any public notice of the
names of the passengers, by suitably trained individ-
uals.
‘‘(4) A process for providing the notice described
in paragraph (2) to the family of a passenger as soon
as a rail passenger carrier has verified that the pas-
senger was aboard the train (whether or not the
names of all of the passengers have been verified).
‘‘(5) A process by which the family of each pas-
senger will be consulted about the disposition of all
remains and personal effects of the passenger within
a rail passenger carrier’s control; that any possession
of the passenger within a rail passenger carrier’s con-
trol will be returned to the family unless the posses-
sion is needed for the accident investigation or any
criminal investigation; and that any unclaimed pos-
session of a passenger within a rail passenger car-
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rier’s control will be retained by the rail passenger
carrier for at least 18 months.
‘‘(6) A process by which the treatment of the
families of nonrevenue passengers will be the same as
the treatment of the families of revenue passengers.
‘‘(7) An assurance that a rail passenger carrier
will provide adequate training to its employees and
agents to meet the needs of survivors and family
members following an accident.
‘‘(c) USE
OF INFORMATION.—Neither the National
Transportation Safety Board, the Secretary of Transpor-
tation, the Secretary of Homeland Security, nor a rail pas-
senger carrier may release any personal information on a
list obtained under subsection (b)(1) but may provide infor-
mation on the list about a passenger to the family of the
passenger to the extent that the Board or a rail passenger
carrier considers appropriate.
‘‘(d) LIMITATION ON LIABILITY.—A rail passenger car-
rier shall not be liable for damages in any action brought
in a Federal or State court arising out of the performance
of a rail passenger carrier under this section in preparing
or providing a passenger list, or in providing information
concerning a train reservation, pursuant to a plan sub-
mitted by a rail passenger carrier under subsection (b), un-
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less such liability was caused by a rail passenger carrier’s
gross negligence or extreme misconduct.
‘‘(e) LIMITATIONS ON STATUTORY CONSTRUCTION.—
‘‘(1) RAIL PASSENGER CARRIERS.—Nothing in
this section may be construed as limiting the actions
that a rail passenger carrier may take, or the obliga-
tions that a rail passenger carrier may have, in pro-
viding assistance to the families of passengers in-
volved in a rail passenger accident.
‘‘(2) INVESTIGATIONAL AUTHORITY
OF BOARD
AND SECRETARY.—Nothing in this section shall be
construed to abridge the authority of the Board or the
Secretary of Transportation to investigate the causes
or circumstances of any rail accident, including the
development of information regarding the nature of
injuries sustained and the manner in which they were
sustained, for the purpose of determining compliance
with existing laws and regulations or identifying
means of preventing similar injuries in the future.
‘‘(f) FUNDING.—Out of funds appropriated pursuant
to section 20117(a)(1)(A), there shall be made available to
the Secretary of Transportation $500,000 for fiscal year
2008 to carry out this section. Amounts made available
pursuant to this subsection shall remain available until ex-
pended.’’.
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(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 243 is amended by adding at the end the fol-
lowing:
‘‘24316.
Plan to assist families of passengers involved in rail passenger acci-
dents’’.
SEC. 503. ESTABLISHMENT OF TASK FORCE.
(a) ESTABLISHMENT.—The Secretary, in cooperation
with the National Transportation Safety Board, organiza-
tions potentially designated under section 1139(a)(2) of
title 49, United States Code, rail passenger carriers (as de-
fined in section 1139(h)(2) of title 49, United States Code),
and families which have been involved in rail accidents,
shall establish a task force consisting of representatives of
such entities and families, representatives of rail passenger
carrier employees, and representatives of such other entities
as the Secretary considers appropriate.
(b) MODEL PLAN AND RECOMMENDATIONS.—The task
force established pursuant to subsection (a) shall develop—
(1) a model plan to assist rail passenger carriers
in responding to passenger rail accidents;
(2) recommendations on methods to improve the
timeliness of the notification provided by passenger
rail carriers to the families of passengers involved in
a passenger rail accident;
(3) recommendations on methods to ensure that
the families of passengers involved in a passenger rail
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accident who are not citizens of the United States re-
ceive appropriate assistance; and
(4) recommendations on methods to ensure that
emergency services personnel have as immediate and
accurate a count of the number of passengers onboard
the train as possible.
(c) REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Secretary shall transmit to
Congress a report containing the model plan and rec-
ommendations developed by the task force under subsection
(b).
TITLE 
VI—CLARIFICATION 
OF
FEDERAL 
JURISDICTION
OVER SOLID WASTE FACILI-
TIES
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Clean Railroads Act
of 2007’’.
SEC. 602. CLARIFICATION OF GENERAL JURISDICTION
OVER SOLID WASTE TRANSFER FACILITIES.
Section 10501(c)(2) is amended to read as follows:
‘‘(2) Except as provided in paragraph (3), the Board
does not have jurisdiction under this part over—
‘‘(A) mass transportation provided by a
local government authority; or
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‘‘(B) a solid waste rail transfer facility as
defined in section 10908 of this title, except as
provided under sections 10908 and 10909 of this
title.
SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER
FACILITIES.
(a) IN GENERAL.—Chapter 109 is amended by adding
at the end thereof the following:
‘‘§ 10908. Regulation of solid waste rail transfer facili-
ties
‘‘(a) IN GENERAL.—Each solid waste rail transfer fa-
cility shall be subject to and shall comply with all applica-
ble Federal and State requirements, both substantive and
procedural, including judicial and administrative orders
and fines, respecting the prevention and abatement of pollu-
tion, the protection and restoration of the environment, and
the protection of public health and safety, including laws
governing solid waste, to the same extent as required for
any similar solid waste management facility, as defined in
section 1004(29) of the Solid Waste Disposal Act (42 U.S.C.
6903(29)) that is not owned or operated by or on behalf
of a rail carrier, except as provided for in section 10909
of this chapter.
‘‘(b) EXISTING FACILITIES.—
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‘‘(1) STATE LAWS AND STANDARDS.—Within 90
days after the date of enactment of the Clean Rail-
roads Act of 2008, a solid waste rail transfer facility
operating as of such date of enactment shall comply
with all Federal and State requirements pursuant to
subsection (a) other than those provisions requiring
permits.
‘‘(2) PERMIT REQUIREMENTS.—
‘‘(A) STATE
NON-SITING
PERMITS.—Any
solid waste rail transfer facility operating as of
the date of enactment of the Clean Railroads Act
of 2008 that does not possess a permit required
pursuant to subsection (a), other than a siting
permit for the facility, as of the date of enact-
ment of the Clean Railroads Act of 2008 shall
not be required to possess any such permits in
order to operate the facility—
‘‘(i) if, within 180 days after such date
of enactment, the solid waste rail transfer
facility has submitted, in good faith, a com-
plete application for all permits, except
siting permits, required pursuant to sub-
section (a) to the appropriate permitting
agency authorized to grant such permits;
and
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‘‘(ii) until the permitting agency has
either approved or denied the solid waste
rail transfer facility’s application for each
permit.
‘‘(B) 
SITING
PERMITS
AND
REQUIRE-
MENTS.—A solid waste rail transfer facility op-
erating as of the date of enactment of the Clean
Railroads Act of 2008 that does not possess a
State siting permit required pursuant to sub-
section (a) as of such date of enactment shall not
be required to possess any siting permit to con-
tinue to operate or comply with any State land
use requirements. The Governor of a State in
which the facility is located or his or her des-
ignee may petition the Board to require the fa-
cility to apply for a land-use exemption pursu-
ant to section 10909 of this chapter. The Board
shall accept the petition, and the facility shall be
required to have a Board-issued land-use exemp-
tion in order to continue to operate, pursuant to
section 10909 of this chapter.
‘‘(c) COMMON CARRIER OBLIGATION.—No prospective
or current rail carrier customer may demand solid waste
rail transfer service from a rail carrier at a solid waste
rail transfer facility that does not already possess the nec-
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essary Federal land use exemption and State permits at
the location where service is requested.
‘‘(d) NON-WASTE COMMODITIES.—Nothing in this sec-
tion or section 10909 of this chapter shall affect a rail car-
rier’s ability to conduct transportation-related activities
with respect to commodities other than solid waste.
‘‘(e) DEFINITIONS.—
‘‘(1) IN GENERAL.—In this section:
‘‘(A) COMMERCIAL AND RETAIL WASTE.—
The term ‘commercial and retail waste’ means
material discarded by stores, offices, restaurants,
warehouses, nonmanufacturing activities at in-
dustrial facilities, and other similar establish-
ments or facilities.
‘‘(B) CONSTRUCTION AND DEMOLITION DE-
BRIS.—The term ‘construction and demolition
debris’ means waste building materials, pack-
aging, and rubble resulting from construction,
remodeling, repair, and demolition operations on
pavements, houses, commercial buildings, and
other structures.
‘‘(C) 
HOUSEHOLD
WASTE.—The 
term
‘household waste’ means material discarded by
residential dwellings, hotels, motels, and other
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similar permanent or temporary housing estab-
lishments or facilities.
‘‘(D) INDUSTRIAL
WASTE.—The term ‘in-
dustrial waste’ means the solid waste generated
by manufacturing and industrial and research
and development processes and operations, in-
cluding contaminated soil, nonhazardous oil spill
cleanup waste and dry nonhazardous pesticides
and chemical waste, but does not include haz-
ardous waste regulated under subtitle C of the
Solid Waste Disposal Act (42 U.S.C. 6921 et
seq.), mining or oil and gas waste.
‘‘(E) INSTITUTIONAL WASTE.—The term ‘in-
stitutional waste’ means material discarded by
schools, nonmedical waste discarded by hospitals,
material discarded by nonmanufacturing activi-
ties at prisons and government facilities, and
material discarded by other similar establish-
ments or facilities.
‘‘(F) MUNICIPAL SOLID WASTE.—The term
‘municipal solid waste’ means—
‘‘(i) household waste;
‘‘(ii) commercial and retail waste; and
‘‘(iii) institutional waste.
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‘‘(G) SOLID WASTE.—With the exception of
waste generated by a rail carrier during track,
track structure, or right-of-way construction,
maintenance, or repair (including railroad ties
and line-side poles) or waste generated as a re-
sult of a railroad accident, incident, or derail-
ment, the term ‘solid waste’ means—
‘‘(i) construction and demolition de-
bris;
‘‘(ii) municipal solid waste;
‘‘(iii) household waste;
‘‘(iv) commercial and retail waste;
‘‘(v) institutional waste;
‘‘(vi) sludge;
‘‘(vii) industrial waste; and
‘‘(viii) other solid waste, as determined
appropriate by the Board.
‘‘(H) SOLID WASTE RAIL TRANSFER FACIL-
ITY.—The 
term 
‘solid 
waste 
rail 
transfer
facility’—
‘‘(i) means the portion of a facility
owned or operated by or on behalf of a rail
carrier (as defined in section 10102 of this
title) where solid waste, as a commodity to
be transported for a charge, is collected,
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stored, separated, processed, treated, man-
aged, disposed of, or transferred, when the
activity takes place outside of original ship-
ping containers; but
‘‘(ii) does not include—
‘‘(I) the portion of a facility to the
extent that activities taking place at
such portion are comprised solely of
the railroad transportation of solid
waste after the solid waste is loaded for
shipment on or in a rail car, including
railroad transportation for the purpose
of interchanging railroad cars con-
taining solid waste shipments; or
‘‘(II) a facility where solid waste
is solely transferred or transloaded
from a tank truck directly to a rail
tank car.
‘‘(I) SLUDGE.—The term ‘sludge’ means
any solid, semi-solid or liquid waste generated
from a municipal, commercial, or industrial
wastewater treatment plant, water supply treat-
ment plant, or air pollution control facility ex-
clusive of the treated effluent from a wastewater
treatment plant.
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‘‘(2) EXCEPTIONS.—Notwithstanding paragraph
(1), the terms ‘household waste’, ‘commercial and re-
tail waste’, and ‘institutional waste’ do not include—
‘‘(A) yard waste and refuse-derived fuel;
‘‘(B) used oil;
‘‘(C) wood pallets;
‘‘(D) clean wood;
‘‘(E) medical or infectious waste; or
‘‘(F) motor vehicles (including motor vehicle
parts or vehicle fluff).
‘‘(3) STATE REQUIREMENTS.—In this section the
term ‘State requirements’ does not include the laws,
regulations, ordinances, orders, or other requirements
of a political subdivision of a State, including a lo-
cality or municipality, unless a State expressly dele-
gates such authority to such political subdivision.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 109 is amended by inserting after the item relat-
ing to section 10907 the following:
‘‘10908. Regulation of solid waste rail transfer facilities’’.
SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND-
USE EXEMPTION AUTHORITY.
(a) IN GENERAL.—Chapter 109 is further amended by
adding at the end thereof the following:
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‘‘§ 10909. Solid waste rail transfer facility land-use ex-
emption
‘‘(a) AUTHORITY.—The Board may issue a land-use
exemption for a solid waste rail transfer facility that is or
is proposed to be operated by or on behalf of a rail carrier
if—
‘‘(1) the Board finds that a State, local, or mu-
nicipal law, regulation, order, or other requirement
affecting the siting of such facility unreasonably bur-
dens the interstate transportation of solid waste by
railroad, discriminates against the railroad transpor-
tation of solid waste and a solid waste rail transfer
facility, or a rail carrier that owns or operates such
a facility petitions the Board for such an exemption;
or
‘‘(2) the Governor of a State in which a facility
that is operating as of the date of enactment of the
Clean Railroads Act of 2008 is located, or his or her
designee, petitions the Board to initiate a permit pro-
ceeding for that particular facility.
‘‘(b) LAND-USE EXEMPTION PROCEDURES.—No later
than 90 days after the date of enactment of the Clean Rail-
road Act of 2008, the Board shall publish procedures gov-
erning the submission and review of applications for solid
waste rail transfer facility land-use exemptions. At a min-
imum, the procedures shall address—
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‘‘(1) the information that each application
should contain to explain how the solid waste rail
transfer facility will not pose an unreasonable risk to
public health, safety or the environment;
‘‘(2) the opportunity for public notice and com-
ment including notification of the municipality, the
State, and any relevant Federal or State regional
planning entity in the jurisdiction of which the solid
waste rail transfer facility is proposed to be located;
‘‘(3) the timeline for Board review, including a
requirement that the Board approve or deny an ex-
emption within 90 days after the full record for the
application is developed;
‘‘(4) the expedited review timelines for petitions
for modifications, amendments, or revocations of
granted exemptions;
‘‘(5) the process for a State to petition the Board
to require a solid waste transfer facility or a rail car-
rier that owns or operates such a facility to apply for
a siting permit; and
‘‘(6) the process for a solid waste transfer facility
or a rail carrier that owns or operates such a facility
to petition the Board for a land-use exemption.
(c) STANDARD FOR REVIEW.—
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‘‘(1) The Board may only issue a land use ex-
emption if it determines that the facility at the exist-
ing or proposed location does not pose an unreason-
able risk to public health, safety, or the environment.
In deciding whether a solid waste rail transfer facil-
ity that is or proposed to be constructed or operated
by or on behalf of a rail carrier poses an unreason-
able risk to public health, safety, or the environment,
the Board shall weigh the particular facility’s poten-
tial benefits to and the adverse impacts on public
health, public safety, the environment, interstate com-
merce, and transportation of solid waste by rail.
‘‘(2) The Board may not grant a land-use ex-
emption for a solid waste rail transfer facility pro-
posed to be located on land within any unit of or
land affiliated with the National Park System, the
National Wildlife Refuge System, the National Wil-
derness Preservation System, the National Trails Sys-
tem, the National Wild and Scenic Rivers System, a
National Reserve, a National Monument, or lands ref-
erenced in Public Law 108–421 for which a State has
implemented a conservation management plan, if op-
eration of the facility would be inconsistent with re-
strictions placed on such land.
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‘‘(d) CONSIDERATIONS.—When evaluating an applica-
tion under this section, the Board shall consider and give
due weight to the following, as applicable:
‘‘(1) the land use, zoning, and siting regulations
or solid waste planning requirements of the State or
State subdivision in which the facility is or will be
located that are applicable to solid waste transfer fa-
cilities, including those that are not owned or oper-
ated by or on behalf of a rail carrier;
‘‘(2) the land use, zoning, and siting regulations
or solid waste planning requirements applicable to
the property where the solid waste rail transfer facil-
ity is proposed to be located;
‘‘(3) regional transportation planning require-
ments developed pursuant to Federal and State law;
‘‘(4) regional solid waste disposal plans devel-
oped pursuant to State or Federal law;
‘‘(5) any Federal and State environmental pro-
tection laws or regulations applicable to the site;
‘‘(6) any unreasonable burdens imposed on the
interstate transportation of solid waste by railroad,
or the potential for discrimination against the rail-
road transportation of solid waste, a solid waste rail
transfer facility, or a rail carrier that owns or oper-
ates such a facility; and
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‘‘(7) any other relevant factors, as determined by
the Board.
(e) EXISTING FACILITIES.—Upon the granting of peti-
tion from the State in which a solid waste rail transfer
facility is operating as of the date of enactment of the Clean
Railroads Act of 2008 by the Board, the facility shall sub-
mit a complete application for a siting permit to the Board
pursuant to the procedures issued pursuant to subsection
(b). No State may enforce a law, regulation, order, or other
requirement affecting the siting of a facility that is oper-
ating as of the date of enactment of the Clean Railroads
Act of 2008 until the Board has approved or denied a per-
mit pursuant to subsection (c).
‘‘(f) EFFECT OF LAND-USE EXEMPTION.—If the Board
grants a land-use exemption to a solid waste rail transfer
facility, all State laws, regulations, orders, or other require-
ments affecting the siting of a facility are preempted with
regard to that facility. An exemption may require compli-
ance with such State laws, regulations, orders, or other re-
quirements.
‘‘(g) INJUNCTIVE RELIEF.—Nothing in this section
precludes a person from seeking an injunction to enjoin a
solid waste rail transfer facility from being constructed or
operated by or on behalf of a rail carrier if that facility
has materially violated, or will materially violate, its land
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use exemption or if it failed to receive a valid land-use ex-
emption under this section.
‘‘(h) FEES.—The Board may charge permit applicants
reasonable fees to implement this section, including the costs
of third-party consultants.
‘‘(i) DEFINITIONS.—In this section the terms ‘solid
waste’, ‘solid waste rail transfer facility’, and ‘State re-
quirements’ have the meaning given such terms in section
10908(e).’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 109, as amended by section 603 of this Act, is
amended by inserting after the item relating to section
10908 the following:
‘‘10909. Solid waste rail transfer facility land-use exemption’’.
SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES.
(a) IN GENERAL.—Chapter 109 is further amended by
adding at the end thereof the following:
‘‘§ 10910. Effect on other statutes and authorities
‘‘Nothing in section 10908 or 10909 is intended to af-
fect the traditional police powers of the State to require a
rail carrier to comply with State and local environmental,
public health, and public safety standards that are not un-
reasonably burdensome to interstate commerce and do not
discriminate against rail carriers.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 109, as amended by section 604 of this Act, is
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amended by inserting after the item relating to section
10909 the following:
‘‘10910. Effect on other statutes and authorities’’.
TITLE VII—TECHNICAL
CORRECTIONS
SEC. 701. TECHNICAL CORRECTIONS.
(a) LIMITATIONS ON FINANCIAL ASSISTANCE.—Section
22106 is amended—
(1) by striking the second sentence of subsection
(a);
(2) by striking subsection (b) and inserting the
following:
‘‘(b) STATE USE OF REPAID FUNDS AND CONTINGENT
INTEREST RECOVERIES.—The State shall place the United
States Government’s share of money that is repaid and any
contingent interest that is recovered in an interest-bearing
account. The repaid money, contingent interest, and any
interest thereof shall be considered to be State funds. The
State shall use such funds to make other grants and loans,
consistent with the purposes for which financial assistance
may be used under subsection (a), as the State considers
to be appropriate.’’; and
(3) by striking subsections (c) and (e) and redes-
ignating subsection (d) as subsection (c).
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(b) GRANTS FOR CLASS II AND III RAILROADS.—Sec-
tion 22301(a)(1)(A)(iii) is amended by striking ‘‘and’’ and
inserting ‘‘or’’.
(c) RAIL TRANSPORTATION
OF RENEWABLE FUEL
STUDY.—Section 245(a)(1) of the Energy Independence
and Security Act of 2007 is amended by striking ‘‘Sec-
retary, in coordination with the Secretary of Transpor-
tation,’’ and inserting ‘‘Secretary and the Secretary of
Transportation’’.
(d) MOTOR CARRIER DEFINITION.—
Section 14504a of title 49, United States Code, is
amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1),
by inserting ‘‘(except as provided in paragraph
(5))’’ after ‘‘14506’’;
(B) in paragraph (1), by striking subpara-
graph (A) and inserting the following:
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘commercial motor
vehicle’—
‘‘(i) for calendar years 2008 and 2009,
has the meaning given the term in section
31101; and
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‘‘(ii) for years beginning after Decem-
ber 31, 2009, means a self-propelled vehicle
described in section 31101.’’; and
(C) by striking paragraph (5) and inserting
the following:
‘‘(5) MOTOR CARRIER.—
‘‘(A) THIS SECTION.—In this section:
‘‘(i) IN
GENERAL.—The term ‘motor
carrier’ includes all carriers that are other-
wise exempt from this part—
‘‘(I) under subchapter I of chapter
135; or
‘‘(II) through exemption actions
by the former Interstate Commerce
Commission under this title.
‘‘(ii) EXCLUSIONS.—In this section, the
term ‘motor carrier’ does not include—
‘‘(I) any carrier subject to section
13504; or
‘‘(II) any other carrier that the
board of directors of the unified carrier
registration plan determines to be ap-
propriate 
pursuant 
to 
subsection
(d)(4)(C).
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‘‘(B) SECTION 14506.—In section 14506, the
term ‘motor carrier’ includes all carriers that
are otherwise exempt from this part—
‘‘(i) under subchapter I of chapter 135;
or
‘‘(ii) through exemption actions by the
former Interstate Commerce Commission
under this title.’’; and
(2) in subsection (d)(4)(C), by inserting before
the period at the end the following: ‘‘, except that a
decision to approve the exclusion of carriers from the
definition of the term ‘motor carrier’ under subsection
(a)(5) shall require an affirmative vote of 3⁄4 of all
such directors.’’.
Attest:
Secretary.