I 
108TH CONGRESS 
1ST SESSION H. R. 2378
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 
JUNE 5, 2003
Mr. OBERSTAR (for himself, Ms. CORRINE BROWN of Florida, and Mr. FIL-
NER) 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 2003’’. 
(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 amend-
ed—
(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.’’.
(d) NOTICE ABOUT DUAL EMPLOYMENT.—Section 
21104 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 signal employee engaged in install-
ing, repairing, or maintaining signal systems for the rail-
road carrier—
‘‘(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 signal 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 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 amend-
ed—
(1) by striking ‘‘subsection (d)’’ and inserting 
‘‘subsection (e)’’;
(2) by inserting ‘‘by a railroad carrier or its 
managers, supervisors, officers, and agents’’ after 
‘‘or allowed’’; and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘In the case of a dually employed employee, a railroad 
carrier 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 dispatching service employees 
of its independent contractors. A railroad carrier shall be 
held responsible for the actions of its independent contrac-
tors in requiring or allowing a dispatching service em-
ployee to remain or go on duty.’’. 
(c) REDESIGNATION.—Subsections (c) and (d) of sec-
tion 21105 are redesignated as subsections (d) and (e), 
respectively. 
(d) POWER DIRECTORS.—Section 21105 is amended 
by inserting after subsection (b) the following new sub-
section: