H. Res. 1492 
In the House of Representatives, U. S., 
September 24, 2008. 
Resolved, That upon the adoption of this resolution the 
bill (H.R. 2095) entitled ‘‘An Act to amend title 49, United 
States Code, to prevent railroad fatalities, injuries, and haz-
ardous materials releases, to authorize the Federal Railroad 
Safety Administration, and for other purposes.’’, with the 
Senate amendment thereto, shall be considered to have been 
taken from the Speaker’s table to the end that the Senate 
amendment thereto be, and the same are hereby, agreed to 
with the following amendment: Strike all after the enacting 
clause and insert the following: 
DIVISION A—RAIL SAFETY 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF 
TITLE 49. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Rail Safety Improvement Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this division is as follows: 
Sec. 1. Short title; table of contents; amendment of title 49. 
Sec. 2. Definitions.
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Sec. 3. Authorization of appropriations. 
TITLE I—RAILROAD SAFETY IMPROVEMENTS 
Sec. 101. Federal Railroad Administration officers and duties. 
Sec. 102. Railroad safety strategy. 
Sec. 103. Railroad safety risk reduction program. 
Sec. 104. Implementation of positive train control. 
Sec. 105. Railroad safety technology grants. 
Sec. 106. Reports on statutory mandates and recommendations. 
Sec. 107. Rulemaking process. 
Sec. 108. Hours-of-service reform. 
Sec. 109. Protection of railroad safety risk analyses information. 
Sec. 110. Pilot projects. 
TITLE II—HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN 
SAFETY AND TRESPASSER PREVENTION 
Sec. 201. Pedestrian crossing safety. 
Sec. 202. State action plans. 
Sec. 203. Improvements to sight distance at highway-rail grade crossings. 
Sec. 204. National crossing inventory. 
Sec. 205. Telephone number to report grade crossing problems. 
Sec. 206. Operation Lifesaver. 
Sec. 207. Federal grants to States for highway-rail grade crossing safety. 
Sec. 208. Trespasser prevention and highway-rail grade crossing safety. 
Sec. 209. Accident and incident reporting. 
Sec. 210. Fostering introduction of new technology to improve safety at high-
way-rail grade crossings. 
TITLE III—FEDERAL RAILROAD ADMINISTRATION 
Sec. 301. Human capital increases. 
Sec. 302. Civil penalty increases. 
Sec. 303. Enforcement report. 
Sec. 304. Expansion of emergency order authority. 
Sec. 305. Prohibition of individuals from performing safety-sensitive functions 
for a violation of hazardous materials transportation law. 
Sec. 306. Railroad radio monitoring authority. 
Sec. 307. Update of Federal Railroad Administration’s website. 
Sec. 308. Emergency waivers. 
Sec. 309. Enforcement by the Attorney General. 
Sec. 310. Criminal penalties. 
TITLE IV—RAILROAD SAFETY ENHANCEMENTS 
Sec. 401. Minimum training standards and plans. 
Sec. 402. Certification of certain crafts or classes of employees. 
Sec. 403. Track inspection time study. 
Sec. 404. Study of methods to improve or correct station platform gaps. 
Sec. 405. Locomotive cab studies. 
Sec. 406. Development and use of rail safety technology. 
Sec. 407. Unified treatment of families of railroad carriers. 
Sec. 408. Study of repeal of Conrail provision. 
Sec. 409. Limitations on non-Federal alcohol and drug testing by railroad car-
riers. 
Sec. 410. Critical incident stress plan.
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Sec. 411. Railroad carrier employee exposure to radiation study. 
Sec. 412. Alcohol and controlled substance testing for maintenance-of-way em-
ployees. 
Sec. 413. Emergency escape breathing apparatus. 
Sec. 414. Tunnel information. 
Sec. 415. Museum locomotive study. 
Sec. 416. Safety inspections in Mexico. 
Sec. 417. Railroad bridge safety assurance. 
Sec. 418. Railroad safety infrastructure improvement grants. 
Sec. 419. Prompt medical attention. 
Sec. 420. Employee sleeping quarters. 
TITLE V—RAIL PASSENGER DISASTER FAMILY ASSISTANCE 
Sec. 501. Assistance by National Transportation Safety Board to families of 
passengers involved in rail passenger accidents. 
Sec. 502. Rail passenger carrier plan to assist families of passengers involved 
in rail passenger accidents. 
Sec. 503. Establishment of task force. 
TITLE VI—CLARIFICATION OF FEDERAL JURISDICTION OVER 
SOLID WASTE FACILITIES 
Sec. 601. Short title. 
Sec. 602. Clarification of general jurisdiction over solid waste transfer facilities. 
Sec. 603. Regulation of solid waste rail transfer facilities. 
Sec. 604. Solid waste rail transfer facility land-use exemption authority. 
Sec. 605. Effect on other statutes and authorities. 
TITLE VII—TECHNICAL CORRECTIONS 
Sec. 701. Technical corrections. 
(c) AMENDMENT OF TITLE 49.—Except as otherwise ex-
pressly provided, whenever in this division 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 consid-
ered to be made to a section or other provision of title 49, 
United States Code. 
SEC. 2. DEFINITIONS. 
(a) IN GENERAL.—In this division: 
(1) CROSSING.—The term ‘‘crossing’’ means a loca-
tion within a State, other than a location where one or
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more railroad tracks cross one or more railroad tracks 
at grade where— 
(A) a public highway, road, or street, or a pri-
vate roadway, including associated sidewalks and 
pathways, crosses one or more railroad tracks either 
at grade or grade-separated; or 
(B) a pathway explicitly authorized by a public 
authority or a railroad carrier that is dedicated for 
the use of nonvehicular traffic, including pedes-
trians, bicyclists, and others, that is not associated 
with a public highway, road, or street, or a private 
roadway, crosses one or more railroad tracks either 
at grade or grade-separated. 
(2) DEPARTMENT.—The term ‘‘Department’’ means 
the Department of Transportation. 
(3) RAILROAD.—The term ‘‘railroad’’ has the mean-
ing given that term by section 20102 of title 49, United 
States Code. 
(4) RAILROAD CARRIER.—The term ‘‘railroad car-
rier’’ has the meaning given that term by section 20102 
of title 49, United States Code. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the 
Secretary of Transportation.
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(6) STATE.—The term ‘‘State’’ means a State of 
the United States, the District of Columbia, or the Com-
monwealth of Puerto Rico. 
(b) IN TITLE 49.—Section 20102 is amended— 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; 
(2) by inserting before paragraph (2), as redesig-
nated, the following: 
‘‘(1) ‘Class I railroad’, ‘Class II railroad’, and 
‘Class III railroad’ mean railroad carriers that have an-
nual carrier operating revenues that meet the threshold 
amount for Class I carriers, Class II carriers, and Class 
III carriers, respectively, as determined by the Surface 
Transportation Board under section 1201.1-1 of title 49, 
Code of Federal Regulations.’’; and 
(3) by adding at the end thereof the following: 
‘‘(4) ‘safety-related railroad employee’ means— 
‘‘(A) a railroad employee who is subject to 
chapter 211; 
‘‘(B) another operating railroad employee who 
is not subject to chapter 211; 
‘‘(C) an employee who maintains the right of 
way of a railroad;
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‘‘(D) an employee of a railroad carrier who is 
a hazmat employee as defined in section 5102(3) of 
this title; 
‘‘(E) an employee who inspects, repairs, or 
maintains locomotives, passenger cars, or freight 
cars; and 
‘‘(F) any other employee of a railroad carrier 
who directly affects railroad safety, as determined 
by the Secretary.’’. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
Section 20117(a) of title 49, United States Code, is 
amended to read as follows: 
‘‘(a) IN GENERAL.—(1) There are authorized to be ap-
propriated to the Secretary of Transportation to carry out 
this part and to carry out responsibilities under chapter 51 
as delegated or authorized by the Secretary— 
‘‘(A) $225,000,000 for fiscal year 2009; 
‘‘(B) $245,000,000 for fiscal year 2010; 
‘‘(C) $266,000,000 for fiscal year 2011; 
‘‘(D) $289,000,000 for fiscal year 2012; and 
‘‘(E) $293,000,000 for fiscal year 2013. 
‘‘(2) With amounts appropriated pursuant to paragraph 
(1), the Secretary shall purchase Gage Restraint Measure-
ment System vehicles and track geometry vehicles or other 
comparable technology as needed to assess track safety con-
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sistent with the results of the track inspection study required 
by section 403 of the Rail Safety Improvement Act of 2008. 
‘‘(3) There are authorized to be appropriated to the Sec-
retary $18,000,000 for the period encompassing fiscal years 
2009 through 2013 to design, develop, and construct the Fa-
cility for Underground Rail Station and Tunnel at the Trans-
portation Technology Center in Pueblo, Colorado. The facility 
shall be used to test and evaluate the vulnerabilities of above- 
ground and underground rail tunnels to prevent accidents 
and incidents in such tunnels, to mitigate and remediate the 
consequences of any such accidents or incidents, and to pro-
vide a realistic scenario for training emergency responders. 
‘‘(4) Such sums as may be necessary from the amount 
appropriated pursuant to paragraph (1) for each of the fiscal 
years 2009 through 2013 shall be made available to the Sec-
retary for personnel in regional offices and in Washington, 
D.C., whose duties primarily involve rail security.’’. 
TITLE I—RAILROAD SAFETY 
IMPROVEMENTS 
SEC. 101. FEDERAL RAILROAD ADMINISTRATION OFFICERS 
AND DUTIES. 
Section 103 is amended by striking subsections (b) 
through (e) and inserting the following: 
‘‘(c) SAFETY AS HIGHEST PRIORITY.—In carrying out 
its duties, the Administration shall consider the assignment
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and maintenance of safety as the highest priority, recognizing 
the clear intent, encouragement, and dedication of Congress 
to the furtherance of the highest degree of safety in railroad 
transportation. 
‘‘(d) ADMINISTRATOR.—The head of the Administration 
shall be the Administrator who shall be appointed by the 
President, by and with the advice and consent of the Senate, 
and shall be an individual with professional experience in rail-
road safety, hazardous materials safety, or other transpor-
tation safety. The Administrator shall report directly to the 
Secretary of Transportation. 
‘‘(e) DEPUTY
ADMINISTRATOR.—The Administration 
shall have a Deputy Administrator who shall be appointed by 
the Secretary. The Deputy Administrator shall carry out du-
ties and powers prescribed by the Administrator. 
‘‘(f) CHIEF
SAFETY
OFFICER.—The Administration 
shall have an Associate Administrator for Railroad Safety ap-
pointed in the career service by the Secretary. The Associate 
Administrator shall be the Chief Safety Officer of the Admin-
istration. The Associate Administrator shall carry out the du-
ties and powers prescribed by the Administrator. 
‘‘(g) DUTIES AND POWERS OF THE ADMINISTRATOR.— 
The Administrator shall carry out— 
‘‘(1) duties and powers related to railroad safety 
vested in the Secretary by section 20134(c) and chapters
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Notwithstanding any other provision of this chapter, no au-
thority to enter into contracts or to make payments under 
this subsection shall be effective, except as provided for in ap-
propriations Acts.’’. 
SEC. 102. RAILROAD SAFETY STRATEGY. 
(a) SAFETY GOALS.—In conjunction with existing feder-
ally-required and voluntary strategic planning efforts ongoing 
at the Department and the Federal Railroad Administration 
as of the date of enactment of this Act, the Secretary shall 
develop a long-term strategy for improving railroad safety to 
cover a period of not less than 5 years. The strategy shall 
include an annual plan and schedule for achieving, at a min-
imum, the following goals: 
(1) Reducing the number and rates of accidents, in-
cidents, injuries, and fatalities involving railroads includ-
ing train collisions, derailments, and human factors. 
(2) Improving the consistency and effectiveness of 
enforcement and compliance programs. 
(3) Improving the identification of high-risk high-
way-rail grade crossings and strengthening enforcement 
and other methods to increase grade crossing safety. 
(4) Improving research efforts to enhance and pro-
mote railroad safety and performance. 
(5) Preventing railroad trespasser accidents, inci-
dents, injuries, and fatalities.
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(6) Improving the safety of railroad bridges, tun-
nels, and related infrastructure to prevent accidents, in-
cidents, injuries, and fatalities caused by catastrophic 
failures and other bridge and tunnel failures. 
(b) RESOURCE NEEDS.—The strategy and annual plan 
shall include estimates of the funds and staff resources need-
ed to accomplish the goals established by subsection (a). Such 
estimates shall also include the staff skills and training re-
quired for timely and effective accomplishment of each such 
goal. 
(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.— 
The Secretary shall submit the strategy and annual plan to 
the Senate Committee on Commerce, Science, and Transpor-
tation and the House of Representatives Committee on 
Transportation and Infrastructure at the same time as the 
President’s budget submission. 
(d) ACHIEVEMENT OF GOALS.— 
(1) PROGRESS
ASSESSMENT.—No less frequently 
than annually, the Secretary shall assess the progress of 
the Department toward achieving the strategic goals de-
scribed in subsection (a). The Secretary shall identify 
any deficiencies in achieving the goals within the strat-
egy and develop and institute measures to remediate 
such deficiencies. The Secretary and the Administrator 
shall convey their assessment to the employees of the
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Federal Railroad Administration and shall identify any 
deficiencies that should be remediated before the next 
progress assessment. 
(2) REPORT
TO
CONGRESS.—Beginning in 2009, 
not later than November 1 of each year, the Secretary 
shall transmit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and In-
frastructure on the performance of the Federal Railroad 
Administration containing the progress assessment re-
quired by paragraph (1) toward achieving the goals of 
the railroad safety strategy and annual plans under sub-
section (a). 
SEC. 103. RAILROAD SAFETY RISK REDUCTION PROGRAM. 
(a) IN GENERAL.—Subchapter II of chapter 201 is 
amended by adding at end thereof the following: 
‘‘§ 20156. Railroad safety risk reduction program 
‘‘(a) IN GENERAL.— 
‘‘(1) PROGRAM REQUIREMENT.—Not later than 4 
years after the date of enactment of the Rail Safety Im-
provement Act of 2008, the Secretary of Transportation, 
by regulation, shall require each railroad carrier that is 
a Class I railroad, a railroad carrier that has inadequate 
safety performance (as determined by the Secretary), or
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a railroad carrier that provides intercity rail passenger 
or commuter rail passenger transportation— 
‘‘(A) to develop a railroad safety risk reduction 
program under subsection (d) that systematically 
evaluates railroad safety risks on its system and 
manages those risks in order to reduce the numbers 
and rates of railroad accidents, incidents, injuries, 
and fatalities; 
‘‘(B) to submit its program, including any re-
quired plans, to the Secretary for review and ap-
proval; and 
‘‘(C) to implement the program and plans ap-
proved by the Secretary. 
‘‘(2) RELIANCE
ON
PILOT
PROGRAM.—The Sec-
retary may conduct behavior-based safety and other re-
search, including pilot programs, before promulgating 
regulations under this subsection and thereafter. The 
Secretary shall use any information and experience gath-
ered through such research and pilot programs under 
this subsection in developing regulations under this sec-
tion. 
‘‘(3) REVIEW AND APPROVAL.—The Secretary shall 
review and approve or disapprove railroad safety risk re-
duction program plans within a reasonable period of 
time. If the proposed plan is not approved, the Secretary
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shall notify the affected railroad carrier as to the specific 
areas in which the proposed plan is deficient, and the 
railroad carrier shall correct all deficiencies within a rea-
sonable period of time following receipt of written notice 
from the Secretary. The Secretary shall annually con-
duct a review to ensure that the railroad carriers are 
complying with their plans. 
‘‘(4) VOLUNTARY COMPLIANCE.—A railroad carrier 
that is not required to submit a railroad safety risk re-
duction program under this section may voluntarily sub-
mit a program that meets the requirements of this sec-
tion to the Secretary. The Secretary shall approve or dis-
approve any program submitted under this paragraph. 
‘‘(b) CERTIFICATION.—The chief official responsible for 
safety of each railroad carrier required to submit a railroad 
safety risk reduction program under subsection (a) shall cer-
tify that the contents of the program are accurate and that 
the railroad carrier will implement the contents of the pro-
gram as approved by the Secretary. 
‘‘(c) RISK ANALYSIS.—In developing its railroad safety 
risk reduction program each railroad carrier required to sub-
mit such a program pursuant to subsection (a) shall identify 
and analyze the aspects of its railroad, including operating 
rules and practices, infrastructure, equipment, employee lev-
els and schedules, safety culture, management structure, em-
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ployee training, and other matters, including those not cov-
ered by railroad safety regulations or other Federal regula-
tions, that impact railroad safety. 
‘‘(d) PROGRAM ELEMENTS.— 
‘‘(1) IN GENERAL.—Each railroad carrier required 
to submit a railroad safety risk reduction program under 
subsection (a) shall develop a comprehensive safety risk 
reduction program to improve safety by reducing the 
number and rates of accidents, incidents, injuries, and 
fatalities that is based on the risk analysis required by 
subsection (c) through— 
‘‘(A) the mitigation of aspects that increase 
risks to railroad safety; and 
‘‘(B) the enhancement of aspects that decrease 
risks to railroad safety. 
‘‘(2) REQUIRED COMPONENTS.—Each railroad car-
rier’s safety risk reduction program shall include a risk 
mitigation plan in accordance with this section, a tech-
nology implementation plan that meets the requirements 
of subsection (e), and a fatigue management plan that 
meets the requirements of subsection (f). 
‘‘(e) TECHNOLOGY IMPLEMENTATION PLAN.— 
‘‘(1) IN GENERAL.—As part of its railroad safety 
risk reduction program, a railroad carrier required to 
submit a railroad safety risk reduction program under
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subsection (a) shall develop, and periodically update as 
necessary, a 10-year technology implementation plan 
that describes the railroad carrier’s plan for develop-
ment, adoption, implementation, maintenance, and use 
of current, new, or novel technologies on its system over 
a 10-year period to reduce safety risks identified under 
the railroad safety risk reduction program. Any updates 
to the plan are subject to review and approval by the 
Secretary. 
‘‘(2) TECHNOLOGY ANALYSIS.—A railroad carrier’s 
technology implementation plan shall include an analysis 
of the safety impact, feasibility, and cost and benefits of 
implementing technologies, including processor-based 
technologies, positive train control systems (as defined in 
section 20157(i)), electronically controlled pneumatic 
brakes, rail integrity inspection systems, rail integrity 
warning systems, switch position monitors and indica-
tors, trespasser prevention technology, highway-rail 
grade crossing technology, and other new or novel rail-
road safety technology, as appropriate, that may miti-
gate risks to railroad safety identified in the risk anal-
ysis required by subsection (c). 
‘‘(3) IMPLEMENTATION
SCHEDULE.—A railroad 
carrier’s technology implementation plan shall contain a 
prioritized implementation schedule for the development,
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adoption, implementation, and use of current, new, or 
novel technologies on its system to reduce safety risks 
identified under the railroad safety risk reduction pro-
gram. 
‘‘(4) POSITIVE
TRAIN
CONTROL.—Except as re-
quired by section 20157 (relating to the requirements 
for implementation of positive train control systems), the 
Secretary shall ensure that— 
‘‘(A) each railroad carrier’s technology imple-
mentation plan required under paragraph (1) that 
includes a schedule for implementation of a positive 
train control system complies with that schedule; 
and 
‘‘(B) each railroad carrier required to submit 
such a plan implements a positive train control sys-
tem pursuant to such plan by December 31, 2018. 
‘‘(f) FATIGUE MANAGEMENT PLAN.— 
‘‘(1) IN GENERAL.—As part of its railroad safety 
risk reduction program, a railroad carrier required to 
submit a railroad safety risk reduction program under 
subsection (a) shall develop and update at least once 
every 2 years a fatigue management plan that is de-
signed to reduce the fatigue experienced by safety-re-
lated railroad employees and to reduce the likelihood of 
accidents, incidents, injuries, and fatalities caused by fa-
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tigue. Any such update shall be subject to review and 
approval by the Secretary. 
‘‘(2) TARGETED FATIGUE COUNTERMEASURES.—A 
railroad carrier’s fatigue management plan shall take 
into account the varying circumstances of operations by 
the railroad on different parts of its system, and shall 
prescribe appropriate fatigue countermeasures to address 
those varying circumstances. 
‘‘(3) ADDITIONAL
ELEMENTS.—A railroad shall 
consider the need to include in its fatigue management 
plan elements addressing each of the following items, as 
applicable: 
‘‘(A) Employee education and training on the 
physiological and human factors that affect fatigue, 
as well as strategies to reduce or mitigate the ef-
fects of fatigue, based on the most current scientific 
and medical research and literature. 
‘‘(B) Opportunities for identification, diag-
nosis, and treatment of any medical condition that 
may affect alertness or fatigue, including sleep dis-
orders. 
‘‘(C) Effects on employee fatigue of an employ-
ee’s short-term or sustained response to emergency 
situations, such as derailments and natural disas-
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ters, or engagement in other intensive working con-
ditions. 
‘‘(D) Scheduling practices for employees, in-
cluding innovative scheduling practices, on-duty call 
practices, work and rest cycles, increased consecu-
tive days off for employees, changes in shift pat-
terns, appropriate scheduling practices for varying 
types of work, and other aspects of employee sched-
uling that would reduce employee fatigue and cumu-
lative sleep loss. 
‘‘(E) Methods to minimize accidents and inci-
dents that occur as a result of working at times 
when scientific and medical research have shown in-
creased 
fatigue 
disrupts 
employees’ 
circadian 
rhythm. 
‘‘(F) Alertness strategies, such as policies on 
napping, to address acute drowsiness and fatigue 
while an employee is on duty. 
‘‘(G) Opportunities to obtain restful sleep at 
lodging facilities, including employee sleeping quar-
ters provided by the railroad carrier. 
‘‘(H) The increase of the number of consecu-
tive hours of off-duty rest, during which an em-
ployee receives no communication from the employ-
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ing railroad carrier or its managers, supervisors, of-
ficers, or agents. 
‘‘(I) Avoidance of abrupt changes in rest cycles 
for employees. 
‘‘(J) Additional elements that the Secretary 
considers appropriate. 
‘‘(g) CONSENSUS.— 
‘‘(1) IN GENERAL.—Each railroad carrier required 
to submit a railroad safety risk reduction program under 
subsection (a) shall consult with, employ good faith and 
use its best efforts to reach agreement with, all of its di-
rectly affected employees, including any non-profit em-
ployee labor organization representing a class or craft of 
directly affected employees of the railroad carrier, on the 
contents of the safety risk reduction program. 
‘‘(2) STATEMENT.—If the railroad carrier and its 
directly affected employees, including any nonprofit em-
ployee labor organization representing a class or craft of 
directly affected employees of the railroad carrier, cannot 
reach consensus on the proposed contents of the plan, 
then directly affected employees and such organization 
may file a statement with the Secretary explaining their 
views on the plan on which consensus was not reached. 
The Secretary shall consider such views during review 
and approval of the program.
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‘‘(h) ENFORCEMENT.—The Secretary shall have the au-
thority to assess civil penalties pursuant to chapter 213 for 
a violation of this section, including the failure to submit, cer-
tify, or comply with a safety risk reduction program, risk 
mitigation plan, technology implementation plan, or fatigue 
management plan.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201 is amended by inserting after the item relat-
ing to section 20155 the following: 
‘‘20156. Railroad safety risk reduction program.’’. 
SEC. 104. IMPLEMENTATION OF POSITIVE TRAIN CONTROL. 
(a) IN GENERAL.—Subchapter II of chapter 201, as 
amended by section 103 of this division, is further amended 
by adding at the end thereof the following: 
‘‘§ 20157. Implementation of positive train control sys-
tems 
‘‘(a) IN GENERAL.— 
‘‘(1) PLAN REQUIRED.—Not later than 18 months 
after the date of enactment of the Rail Safety Improve-
ment Act of 2008, each Class I railroad carrier and each 
entity providing regularly scheduled intercity or com-
muter rail passenger transportation shall develop and 
submit to the Secretary of Transportation a plan for im-
plementing a positive train control system by December 
31, 2015, governing operations on—
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‘‘(A) its main line over which intercity rail pas-
senger transportation or commuter rail passenger 
transportation, as defined in section 24102, is regu-
larly provided; 
‘‘(B) its main line over which poison- or toxic- 
by-inhalation hazardous materials, as defined in 
parts 171.8, 173.115, and 173.132 of title 49, Code 
of Federal Regulations, are transported; and 
‘‘(C) such other tracks as the Secretary may 
prescribe by regulation or order. 
‘‘(2) IMPLEMENTATION.—The plan shall describe 
how it will provide for interoperability of the system with 
movements of trains of other railroad carriers over its 
lines and shall, to the extent practical, implement the 
system in a manner that addresses areas of greater risk 
before areas of lesser risk. The railroad carrier shall im-
plement a positive train control system in accordance 
with the plan. 
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary may pro-
vide technical assistance and guidance to railroad carriers in 
developing the plans required under subsection (a). 
‘‘(c) REVIEW AND APPROVAL.—Not later than 90 days 
after the Secretary receives a plan, the Secretary shall review 
and approve or disapprove it. If the proposed plan is not ap-
proved, the Secretary shall notify the affected railroad carrier
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or other entity as to the specific areas in which the proposed 
plan is deficient, and the railroad carrier or other entity shall 
correct all deficiencies within 30 days following receipt of 
written notice from the Secretary. The Secretary shall annu-
ally conduct a review to ensure that the railroad carriers are 
complying with their plans. 
‘‘(d) REPORT.—Not later than December 31, 2012, the 
Secretary shall transmit a report to the Committee on Trans-
portation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate on the progress of the railroad carriers 
in implementing such positive train control systems. 
‘‘(e) ENFORCEMENT.—The Secretary is authorized to 
assess civil penalties pursuant to chapter 213 for a violation 
of this section, including the failure to submit or comply with 
a plan for implementing positive train control under sub-
section (a). 
‘‘(f) OTHER RAILROAD CARRIERS.—Nothing in this sec-
tion restricts the discretion of the Secretary to require rail-
road carriers other than those specified in subsection (a) to 
implement a positive train control system pursuant to this 
section or section 20156, or to specify the period by which 
implementation shall occur that does not exceed the time lim-
its established in this section or section 20156. In exercising 
such discretion, the Secretary shall, at a minimum, consider
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the risk to railroad employees and the public associated with 
the operations of the railroad carrier. 
‘‘(g) REGULATIONS.—The Secretary shall prescribe reg-
ulations or issue orders necessary to implement this section, 
including regulations specifying in appropriate technical de-
tail the essential functionalities of positive train control sys-
tems, and the means by which those systems will be qualified. 
‘‘(h) CERTIFICATION.—The Secretary shall not permit 
the installation of any positive train control system or compo-
nent in revenue service unless the Secretary has certified that 
any such system or component has been approved through 
the approval process set forth in part 236 of title 49, Code 
of Federal Regulations, and complies with the requirements 
of that part. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) INTEROPERABILITY.—The term ‘interoper-
ability’ means the ability to control locomotives of the 
host railroad and tenant railroad to communicate with 
and respond to the positive train control system, includ-
ing uninterrupted movements over property boundaries. 
‘‘(2) MAIN LINE.—The term ‘main line’ means a 
segment or route of railroad tracks over which 5,000,000 
or more gross tons of railroad traffic is transported an-
nually, except that—
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‘‘(A) the Secretary may, through regulations 
under subsection (g), designate additional tracks as 
main line as appropriate for this section; and 
‘‘(B) for intercity rail passenger transportation 
or commuter rail passenger transportation routes or 
segments over which limited or no freight railroad 
operations occur, the Secretary shall define the 
term ‘main line’ by regulation. 
‘‘(3) POSITIVE TRAIN CONTROL SYSTEM.—The term 
‘positive train control system’ means a system designed 
to 
prevent 
train-to-train 
collisions, 
over-speed 
derailments, incursions into established work zone limits, 
and the movement of a train through a switch left in the 
wrong position.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 103 of this division, 
is amended by inserting after the item relating to section 
20156 the following: 
‘‘20157. Implementation of positive train control systems.’’. 
SEC. 105. RAILROAD SAFETY TECHNOLOGY GRANTS. 
(a) IN GENERAL.—Subchapter II of chapter 201, as 
amended by section 104 of this division, is further amended 
by adding at the end thereof the following: 
‘‘§ 20158. Railroad safety technology grants 
‘‘(a) GRANT PROGRAM.—The Secretary of Transpor-
tation shall establish a grant program for the deployment of
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‘‘(C) benefit both passenger and freight safety 
and efficiency. 
‘‘(3) IMPLEMENTATION PLANS.—Grants may not be 
awarded under this section to entities that fail to develop 
and submit to the Secretary the plans required by sec-
tions 20156(e)(2) and 20157. 
‘‘(4) MATCHING
REQUIREMENTS.—Federal funds 
for any eligible project under this section shall not ex-
ceed 80 percent of the total cost of such project. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Transpor-
tation $50,000,000 for each of fiscal years 2009 through 
2013 to carry out this section. Amounts appropriated pursu-
ant to this section shall remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 104 of this division, 
is further amended by inserting after the item relating to sec-
tion 20157 the following: 
‘‘20158. Railroad safety technology grants.’’. 
SEC. 106. REPORTS ON STATUTORY MANDATES AND REC-
OMMENDATIONS. 
Not later than December 31, 2008, and annually there-
after, the Secretary shall transmit a report to the House of 
Representatives Committee on Transportation and Infra-
structure and the Senate Committee on Commerce, Science, 
and Transportation on the specific actions taken to imple-
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(b) LIMITATION ON DUTY HOURS OF TRAIN EMPLOY-
EES.—Section 21103 is amended— 
(1) by striking subsection (a) and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—Except as provided in subsection (d) 
of this section, a railroad carrier and its officers and agents 
may not require or allow a train employee to— 
‘‘(1) remain on duty, go on duty, wait for deadhead 
transportation, be in deadhead transportation from a 
duty assignment to the place of final release, or be in 
any other mandatory service for the carrier in any cal-
endar month where the employee has spent a total of 
276 hours— 
‘‘(A) on duty; 
‘‘(B) waiting for deadhead transportation, or 
in deadhead transportation from a duty assignment 
to the place of final release; or 
‘‘(C) in any other mandatory service for the 
carrier; 
‘‘(2) remain or go on duty for a period in excess of 
12 consecutive hours; 
‘‘(3) remain or go on duty unless that employee has 
had at least 10 consecutive hours off duty during the 
prior 24 hours; or
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‘‘(4) remain or go on duty after that employee has 
initiated an on-duty period each day for— 
‘‘(A) 6 consecutive days, unless that employee 
has had at least 48 consecutive hours off duty at 
the employee’s home terminal during which time the 
employee is unavailable for any service for any rail-
road carrier except that— 
‘‘(i) an employee may work a seventh con-
secutive day if that employee completed his or 
her final period of on-duty time on his or her 
sixth consecutive day at a terminal other than 
his or her home terminal; and 
‘‘(ii) any employee who works a seventh 
consecutive day pursuant to subparagraph (i) 
shall have at least 72 consecutive hours off 
duty at the employee’s home terminal during 
which time the employee is unavailable for any 
service for any railroad carrier; or 
‘‘(B) except as provided in subparagraph (A), 
7 consecutive days, unless that employee has had at 
least 72 consecutive hours off duty at the employ-
ee’s home terminal during which time the employee 
is unavailable for any service for any railroad car-
rier, if—
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‘‘(i) for a period of 18 months following 
the date of enactment of the Rail Safety Im-
provement Act of 2008, an existing collective 
bargaining agreement expressly provides for 
such a schedule or, following the expiration of 
18 months after the date of enactment of the 
Rail Safety Improvement Act of 2008, collec-
tive bargaining agreements entered into during 
such period expressly provide for such a sched-
ule; 
‘‘(ii) such a schedule is provided for by a 
pilot program authorized by a collective bar-
gaining agreement; or 
‘‘(iii) such a schedule is provided for by a 
pilot program under section 21108 of this 
chapter related to employees’ work and rest cy-
cles. 
The Secretary may waive paragraph (4), consistent with the 
procedural requirements of section 20103, if a collective bar-
gaining agreement provides a different arrangement and such 
an arrangement is in the public interest and consistent with 
railroad safety.’’; 
(2) by redesignating subsection (c) as subsection (d) 
and inserting after subsection (b) the following:
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‘‘(c) LIMBO TIME LIMITATION AND ADDITIONAL REST 
REQUIREMENT.— 
‘‘(1) A railroad carrier may not require or allow an 
employee— 
‘‘(A) to exceed a total of 40 hours per calendar 
month spent— 
‘‘(i) waiting for deadhead transportation; 
or 
‘‘(ii) in deadhead transportation from a 
duty assignment to the place of final release, 
following a period of 12 consecutive hours on duty 
that is neither time on duty nor time off duty, not 
including interim rest periods, during the period 
from the date of enactment of the Rail Safety Im-
provement Act of 2008 to one year after such date 
of enactment; and 
‘‘(B) to exceed a total of 30 hours per calendar 
month spent— 
‘‘(i) waiting for deadhead transportation; 
or 
‘‘(ii) in deadhead transportation from a 
duty assignment to the place of final release, 
following a period of 12 consecutive hours on duty 
that is neither time on duty nor time off duty, not 
including interim rest periods, during the period be-
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ginning one year after the date of enactment of the 
Rail Safety Improvement Act of 2008 except that 
the Secretary may further limit the monthly limita-
tion pursuant to regulations prescribed under sec-
tion 21109. 
‘‘(2) The limitations in paragraph (1) shall apply 
unless the train carrying the employee is directly delayed 
by— 
‘‘(A) a casualty; 
‘‘(B) an accident; 
‘‘(C) an act of God; 
‘‘(D) a derailment; 
‘‘(E) a major equipment failure that prevents 
the train from advancing; or 
‘‘(F) a delay resulting from a cause unknown 
and unforeseeable to a railroad carrier or its officer 
or agent in charge of the employee when the em-
ployee left a terminal. 
‘‘(3) Each railroad carrier shall report to the Sec-
retary, in accordance with procedures established by the 
Secretary, each instance where an employee subject to 
this section spends time waiting for deadhead transpor-
tation or in deadhead transportation from a duty assign-
ment to the place of final release in excess of the re-
quirements of paragraph (1).
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er will not reduce safety and is necessary to maintain such 
railroads’ efficient operations and on-time performance of its 
trains.’’. 
(c) LIMITATION ON DUTY HOURS OF SIGNAL EMPLOY-
EES.—Section 21104 is amended— 
(1) by striking subsection (a) and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—Except as provided in subsection (c) 
of this section, a railroad carrier and its officers and agents 
may not require or allow its signal employees to remain or 
go on duty and a contractor or subcontractor to a railroad 
carrier and its officers and agents may not require or allow 
its signal employees to remain or go on duty — 
‘‘(1) for a period in excess of 12 consecutive hours; 
or 
‘‘(2) unless that employee has had at least 10 con-
secutive hours off duty during the prior 24 hours.’’; 
(2) by striking ‘‘duty, 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.’’ in subsection (b)(3) and inserting ‘‘duty.’’; 
(3) by inserting ‘‘A signal employee may not be al-
lowed to remain or go on duty under the emergency au-
thority provided under this subsection to conduct routine
•HRES 1492 EH 
repairs, routine maintenance, or routine inspection of 
signal systems.’’ after ‘‘service.’’ in subsection (c); and 
(4) by adding at the end the following: 
‘‘(d) COMMUNICATION DURING TIME OFF DUTY.—Dur-
ing a signal employee’s minimum off-duty period of 10 con-
secutive hours, as provided under subsection (a), a railroad 
carrier or a contractor or subcontractor to a railroad carrier, 
and its officers and agents, shall not communicate with the 
signal employee by telephone, by pager, or in any other man-
ner that could reasonably be expected to disrupt the employ-
ee’s rest. Nothing in this subsection shall prohibit commu-
nication necessary to notify an employee of an emergency sit-
uation, as defined by the Secretary. 
‘‘(e) EXCLUSIVITY.—The hours of service, duty hours, 
and rest periods of signal employees shall be governed exclu-
sively by this chapter. Signal employees operating motor vehi-
cles shall not be subject to any hours of service rules, duty 
hours or rest period rules promulgated by any Federal au-
thority, including the Federal Motor Carrier Safety Adminis-
tration, other than the Federal Railroad Administration.’’. 
(d) ALTERNATE HOURS OF SERVICE REGIME.— 
(1) APPLICATION OF HOURS OF SERVICE REGIME.— 
Section 21102 is amended— 
(A) by striking the section caption and insert-
ing the following:
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‘‘§ 21102. Nonapplication, exemption, and alternate hours 
of service regime’’; and 
(B) by adding at the end thereof the following: 
‘‘(c) APPLICATION OF HOURS OF SERVICE REGIME TO 
COMMUTER AND INTERCITY PASSENGER RAILROAD TRAIN 
EMPLOYEES.— 
‘‘(1) When providing commuter rail passenger 
transportation or intercity rail passenger transportation, 
the limitations on duty hours for train employees of rail-
road carriers, including public authorities operating pas-
senger service, shall be solely governed by old section 
21103 until the earlier of— 
‘‘(A) the effective date of regulations pre-
scribed by the Secretary under section 21109(b) of 
this chapter; or 
‘‘(B) the date that is 3 years following the date 
of enactment of the Rail Safety Improvement Act of 
2008. 
‘‘(2) After the date on which old section 21103 
ceases to apply, pursuant to paragraph (1), to the limi-
tations on duty hours for train employees of railroad 
carriers with respect to the provision of commuter rail 
passenger transportation or intercity rail passenger 
transportation, the limitations on duty hours for train 
employees of such railroad carriers shall be governed by 
new section 21103, except as provided in paragraph (3).
•HRES 1492 EH 
‘‘(3) After the effective date of the regulations pre-
scribed by the Secretary under section 21109(b) of this 
title, such carriers shall— 
‘‘(A) comply with the limitations on duty hours 
for train employees with respect to the provision of 
commuter rail passenger transportation or intercity 
rail passenger transportation as prescribed by such 
regulations; and 
‘‘(B) be exempt from complying with the provi-
sions of old section 21103 and new section 21103 
for such employees. 
‘‘(4) In this subsection: 
‘‘(A) The terms ‘commuter rail passenger 
transportation’ and ‘intercity rail passenger trans-
portation’ have the meaning given those terms in 
section 24102 of this title. 
‘‘(C) The term ‘new section 21103’ means sec-
tion 21103 of this chapter as amended by the Rail 
Safety Improvement Act of 2008. 
‘‘(D) The term ‘old section 21103’ means sec-
tion 21103 of this chapter as it was in effect on the 
day before the enactment of that Act.’’. 
(2) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 211 is amended by striking the item re-
lating to section 21102 and inserting the following: 
‘‘21102. Nonapplication, exemption, and alternate hours of service regime.’’.
•HRES 1492 EH 
(e) REGULATORY AUTHORITY.— 
(1) IN GENERAL.—Chapter 211 is amended by add-
ing at the end thereof the following: 
‘‘§ 21109. Regulatory authority 
‘‘(a) IN GENERAL.—In order to improve safety and re-
duce employee fatigue, the Secretary may prescribe regula-
tions— 
‘‘(1) to reduce the maximum hours an employee 
may be required or allowed to go or remain on duty to 
a level less than the level established under this chapter; 
‘‘(2) to increase the minimum hours an employee 
may be required or allowed to rest to a level greater than 
the level established under this chapter; 
‘‘(3) to limit or eliminate the amount of time an 
employee spends waiting for deadhead transportation or 
in deadhead transportation from a duty assignment to 
the place of final release that is considered neither on 
duty nor off duty under this chapter; 
‘‘(4) for signal employees— 
‘‘(A) to limit or eliminate the amount of time 
that is considered to be neither on duty nor off duty 
under this chapter that an employee spends return-
ing from an outlying worksite after scheduled duty 
hours or returning from a trouble call to the em-
•HRES 1492 EH 
ployee’s headquarters or directly to the employee’s 
residence; and 
‘‘(B) to increase the amount of time that con-
stitutes a release period, that does not break the 
continuity of service and is considered time off 
duty; and 
‘‘(5) to require other changes to railroad operating 
and scheduling practices, including unscheduled duty 
calls, that could affect employee fatigue and railroad 
safety. 
‘‘(b) REGULATIONS GOVERNING THE HOURS OF SERV-
ICE OF TRAIN EMPLOYEES OF COMMUTER AND INTERCITY 
PASSENGER RAILROAD CARRIERS.—Within 3 years after the 
date of enactment of the Rail Safety Improvement Act of 
2008, the Secretary shall prescribe regulations and issue or-
ders to establish hours of service requirements for train em-
ployees engaged in commuter rail passenger transportation 
and intercity rail passenger transportation (as defined in sec-
tion 24102 of this title) that may differ from the require-
ments of this chapter. Such regulations and orders may ad-
dress railroad operating and scheduling practices, including 
unscheduled duty calls, communications during time off duty, 
and time spent waiting for deadhead transportation or in 
deadhead transportation from a duty assignment to the place
•HRES 1492 EH 
the rulemaking within 18 months after accepting the 
task. If the Committee does not reach consensus within 
18 months after the Secretary makes the request, the 
Secretary shall prescribe appropriate regulations within 
18 months. 
‘‘(3) If the Secretary does not request that the Rail-
road Safety Advisory Committee accept the task of de-
veloping regulations under subsection (b), the Secretary 
shall prescribe regulations within 3 years after the date 
of enactment of the Rail Safety Improvement Act of 
2008. 
‘‘(e) PILOT PROJECTS.— 
‘‘(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of the Rail Safety Improvement 
Act of 2008, the Secretary shall conduct at least 2 pilot 
projects of sufficient size and scope to analyze specific 
practices which may be used to reduce fatigue for train 
and engine and other railroad employees as follows: 
‘‘(A) A pilot project at a railroad or railroad 
facility to evaluate the efficacy of communicating to 
employees notice of their assigned shift time 10 
hours prior to the beginning of their assigned shift 
as a method for reducing employee fatigue. 
‘‘(B) A pilot project at a railroad or railroad 
facility to evaluate the efficacy of requiring rail-
•HRES 1492 EH 
roads who use employee scheduling practices that 
subject employees to periods of unscheduled duty 
calls to assign employees to defined or specific un-
scheduled call shifts that are followed by shifts not 
subject to call, as a method for reducing employee 
fatigue. 
‘‘(2) WAIVER.—The Secretary may temporarily 
waive the requirements of this section, if necessary, to 
complete a pilot project under this subsection. 
‘‘(f) DUTY CALL DEFINED.—In this section the term 
‘duty call’ means a telephone call that a railroad places to an 
employee to notify the employee of his or her assigned shift 
time.’’. 
(2) CONFORMING AMENDMENTS.— 
(A) The chapter analysis for chapter 211 is 
amended by adding at the end thereof the following: 
‘‘21109. Regulatory authority.’’. 
(B) The first sentence of section 21303(a)(1) 
is amended by inserting ‘‘including section 21103 
(as such section was in effect on the day before the 
date of enactment of the Rail Safety Improvement 
Act of 2008),’’ after ‘‘this title,’’ the second place 
it appears. 
(f) RECORD KEEPING AND REPORTING.— 
(1) REGULATIONS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall
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prescribe a regulation revising the requirements for rec-
ordkeeping and reporting for Hours of Service of Rail-
road Employees contained in part 228 of title 49, Code 
of Federal Regulations— 
(A) to adjust record keeping and reporting re-
quirements to support compliance with chapter 211 
of title 49, United States Code, as amended by this 
Act; 
(B) to authorize electronic record keeping, and 
reporting of excess service, consistent with appro-
priate considerations for user interface; and 
(C) to require training of affected employees 
and supervisors, including training of employees in 
the entry of hours of service data. 
(2) PROCEDURE.—In lieu of issuing a notice of pro-
posed rulemaking as contemplated by section 553 of title 
5, United States Code, the Secretary may utilize the 
Railroad Safety Advisory Committee to assist in develop-
ment of the regulation. The Secretary may propose and 
adopt amendments to the revised regulations thereafter 
as may be necessary in light of experience under the re-
vised requirements. 
(g) DELAY IN IMPLEMENTATION OF DUTY HOURS LIMI-
TATION CHANGES.—The amendments made by subsections
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(a), (b), and (c) shall take effect 9 months after the date of 
enactment of this Act. 
SEC. 109. PROTECTION OF RAILROAD SAFETY RISK ANALYSES 
INFORMATION. 
(a) AMENDMENT.—Subchapter I of chapter 201 is 
amended by adding at the end thereof the following: 
‘‘§ 20118. Prohibition on public disclosure of railroad 
safety analysis records 
‘‘(a) IN GENERAL.—Except as necessary for the Sec-
retary of Transportation or another Federal agency to en-
force or carry out any provision of Federal law, any part of 
any record (including, but not limited to, a railroad carrier’s 
analysis of its safety risks and its statement of the mitigation 
measures it has identified with which to address those risks) 
that the Secretary has obtained pursuant to a provision of, 
or regulation or order under, this chapter related to the es-
tablishment, implementation, or modification of a railroad 
safety risk reduction program or pilot program is exempt 
from the requirements of section 552 of title 5 if the record 
is— 
‘‘(1) supplied to the Secretary pursuant to that 
safety risk reduction program or pilot program; or 
‘‘(2) made available for inspection and copying by 
an officer, employee, or agent of the Secretary pursuant 
to that safety risk reduction program or pilot program.
•HRES 1492 EH 
‘‘(b) EXCEPTION.—Notwithstanding subsection (a), the 
Secretary may disclose any part of any record comprised of 
facts otherwise available to the public if, in the Secretary’s 
sole discretion, the Secretary determines that disclosure 
would be consistent with the confidentiality needed for that 
safety risk reduction program or pilot program. 
‘‘(c) DISCRETIONARY PROHIBITION OF DISCLOSURE.— 
The Secretary may prohibit the public disclosure of risk anal-
yses or risk mitigation analyses that the Secretary has ob-
tained under other provisions of, or regulations or orders 
under, this chapter if the Secretary determines that the pro-
hibition of public disclosure is necessary to promote railroad 
safety. 
‘‘§ 20119. Study on use of certain reports and surveys 
‘‘(a) STUDY.—The Federal Railroad Administration 
shall complete a study to evaluate whether it is in the public 
interest, including public safety and the legal rights of per-
sons injured in railroad accidents, to withhold from discovery 
or admission into evidence in a Federal or State court pro-
ceeding for damages involving personal injury or wrongful 
death against a carrier any report, survey, schedule, list, or 
data compiled or collected for the purpose of evaluating, plan-
ning, or implementing a railroad safety risk reduction pro-
gram required under this chapter, including a railroad car-
rier’s analysis of its safety risks and its statement of the
•HRES 1492 EH 
mitigation measures with which it will address those risks. In 
conducting this study, the Secretary shall solicit input from 
the railroads, railroad non-profit employee labor organiza-
tions, railroad accident victims and their families, and the 
general public. 
‘‘(b) AUTHORITY.—Following completion of the study re-
quired under subsection (a), the Secretary, if in the public in-
terest, including public safety and the legal rights of persons 
injured in railroad accidents, may prescribe a rule subject to 
notice and comment to address the results of the study. Any 
such rule prescribed pursuant to this subsection shall not be-
come effective until 1 year after its adoption.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201 is amended by inserting after the item relat-
ing to section 20117 the following: 
‘‘20118. Prohibition on public disclosure of railroad safety analysis records. 
‘‘20119. Study on use of certain reports and surveys.’’. 
SEC. 110. PILOT PROJECTS. 
Section 21108 is amended to read as follows: 
‘‘§ 21108. Pilot projects 
‘‘(a) IN GENERAL.—As of the date of enactment of the 
Rail Safety Improvement Act of 2008, a railroad carrier or 
railroad carriers and all nonprofit employee labor organiza-
tions representing any class or craft of directly affected cov-
ered service employees of the railroad carrier or railroad car-
•HRES 1492 EH 
riers, may jointly petition the Secretary of Transportation for 
approval of— 
‘‘(1) a waiver of compliance with this chapter as in 
effect on the date of enactment of the Rail Safety Im-
provement Act of 2008; or 
‘‘(2) a waiver of compliance with this chapter as it 
will be effective 9 months after the enactment of the 
Rail Safety Improvement Act of 2008, 
to enable the establishment of one or more pilot projects to 
demonstrate the possible benefits of implementing alter-
natives to the strict application of the requirements of this 
chapter, including requirements concerning maximum on-duty 
and minimum off-duty periods. 
‘‘(b) GRANTING OF WAIVERS.—The Secretary may, after 
notice and opportunity for comment, approve such waivers 
described in subsection (a) for a period not to exceed two 
years, if the Secretary determines that such a waiver of com-
pliance is in the public interest and is consistent with railroad 
safety. 
‘‘(c) EXTENSIONS.—Any such waiver, based on a new 
petition, may be extended for additional periods of up to two 
years, after notice and opportunity for comment. An expla-
nation of any waiver granted under this section shall be pub-
lished in the Federal Register.
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‘‘(d) REPORT.—The Secretary of Transportation shall 
submit to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives, no later 
than December 31, 2012, or, if no projects are completed 
prior to December 31, 2012, no later than 6 months after the 
completion of a pilot project, a report that— 
‘‘(1) explains and analyzes the effectiveness of any 
pilot project established pursuant to a waiver granted 
under subsection (a); 
‘‘(2) describes the status of all other waivers grant-
ed under subsection (a) and their related pilot projects, 
if any; and 
‘‘(3) 
recommends 
any 
appropriate 
legislative 
changes to this chapter. 
‘‘(e) DEFINITION.—For purposes of this section, the 
term ‘directly affected covered service employees’ means cov-
ered service employees to whose hours of service the terms of 
the waiver petitioned for specifically apply.’’.
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TITLE II—HIGHWAY-RAIL GRADE 
CROSSING 
AND 
PEDESTRIAN 
SAFETY AND TRESPASSER PRE-
VENTION 
SEC. 201. PEDESTRIAN CROSSING SAFETY. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall provide guidance to railroads on 
strategies and methods to prevent pedestrian accidents, inci-
dents, injuries, and fatalities at or near passenger stations, 
including— 
(1) providing audible warning of approaching trains 
to the pedestrians at railroad passenger stations; 
(2) using signs, signals, or other visual devices to 
warn pedestrians of approaching trains; 
(3) installing infrastructure at pedestrian crossings 
to improve the safety of pedestrians crossing railroad 
tracks; 
(4) installing fences to prohibit access to railroad 
tracks; and 
(5) other strategies or methods as determined by 
the Secretary. 
SEC. 202. STATE ACTION PLANS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall identify the 10 
States that have had the most highway-rail grade crossing
•HRES 1492 EH 
collisions, on average, over the past 3 years and require those 
States to develop a State grade crossing action plan within 
a reasonable period of time, as determined by the Secretary. 
The plan shall identify specific solutions for improving safety 
at crossings, including highway-rail grade crossing closures or 
grade separations, and shall focus on crossings that have ex-
perienced multiple accidents or are at high risk for such acci-
dents. The Secretary shall provide assistance to the States in 
developing and carrying out, as appropriate, the plan. The 
plan may be coordinated with other State or Federal plan-
ning requirements and shall cover a period of time deter-
mined to be appropriate by the Secretary. The Secretary may 
condition the awarding of any grants under section 20158, 
20167, or 22501 of title 49, United States Code, to a State 
identified under this section on the development of such 
State’s plan. 
(b) REVIEW AND APPROVAL.—Not later than 60 days 
after the Secretary receives a plan under subsection (a), the 
Secretary shall review and approve or disapprove it. If the 
proposed plan is disapproved, the Secretary shall notify the 
affected State as to the specific areas in which the proposed 
plan is deficient, and the State shall correct all deficiencies 
within 30 days following receipt of written notice from the 
Secretary.
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SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY- 
RAIL GRADE CROSSINGS. 
(a) IN GENERAL.—Subchapter II of chapter 201, as 
amended by section 105 of this division, is further amended 
by inserting after section 20158 the following: 
‘‘§ 20159. Roadway user sight distance at highway-rail 
grade crossings 
‘‘Not later than 18 months after the date of enactment 
of the Rail Safety Improvement Act of 2008, the Secretary, 
after consultation with the Federal Railroad Administration, 
the Federal Highway Administration, and States, shall de-
velop and make available to States model legislation providing 
for improving safety by addressing sight obstructions, includ-
ing vegetation growth, topographic features, structures, and 
standing railroad equipment, at highway-rail grade crossings 
that are equipped solely with passive warnings, as rec-
ommended by the Inspector General of the Department of 
Transportation in Report No. MH–2007–044.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 105 of this division, 
is amended by inserting after the item relating to section 
20158 the following new item: 
‘‘20159. Roadway user sight distance at highway-rail grade crossings.’’.
•HRES 1492 EH 
explosive, or biological material, or a war-related activity, 
that poses a risk of death, serious illness, severe injury, 
or substantial property damage. The disaster may be 
local, regional, or national in scope.’’. 
SEC. 309. ENFORCEMENT BY THE ATTORNEY GENERAL. 
Section 20112(a) is amended— 
(1) by inserting ‘‘this part, except for section 20109 
of this title, or’’ in paragraph (1) after ‘‘enforce,’’; 
(2) by striking ‘‘21301’’ in paragraph (2) and in-
serting ‘‘21301, 21302, or 21303’’; 
(3) by striking ‘‘subpena’’ in paragraph (3) and in-
serting ‘‘subpoena, request for admissions, request for 
production of documents or other tangible things, or re-
quest for testimony by deposition’’; and 
(4) by striking ‘‘chapter.’’ in paragraph (3) and in-
serting ‘‘part.’’. 
SEC. 310. CRIMINAL PENALTIES. 
Section 21311(b) is amended to read as follows: 
‘‘(b) ACCIDENT AND INCIDENT REPORTS.—A railroad 
carrier not filing a report in violation of section 20901 of this 
title shall be fined not more than $2,500. A separate violation 
occurs for each day the violation continues.’’.