Secretary in conducting the review described in sub-
sections (c)(3) and (c)(6) with respect to the particular 
type of service. If the Committee does not timely accept 
the task with respect to a particular type of service, the 
Secretary may proceed with proposing to prescribe any 
amendments with respect to the particular type of service 
without the assistance of the Committee. 
‘‘(3) The Secretary shall review the problem of fa-
tigue experienced by individuals performing train and en-
gine service, signal or train control service, and dis-
patching service or any combination of such types of serv-
ice and shall consider how the likelihood of accidents and 
injuries caused by that fatigue can be reduced. The review 
shall take into account current and evolving scientific 
knowledge and literature relating to fatigue, and shall in-
clude an evaluation of the following: 
‘‘(A) The varying circumstances of railroad car-
rier operations and the appropriate fatigue counter-
measures to address those varying circumstances, 
based on current and evolving scientific and medical 
research on circadian rhythms and human sleep and 
rest requirements. 
‘‘(B) The benefits and costs of a revised regu-
latory program. 
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‘‘(C) Ongoing and planned voluntary initiatives 
by railroad carriers and rail labor organizations to 
address fatigue management, including the extent to 
which voluntary activities undertaken by railroad 
carriers and labor organizations representing their 
employees are minimizing fatigue and ameliorating 
its effects and the extent to which such activities are 
likely to be sustained absent regulatory action. 
‘‘(D) The extent to which railroad carriers are 
using valid fatigue risk assessment tools and other 
methodologies to assist them in making informed de-
cisions on any or all of the subjects described in sub-
paragraphs (A)–(C) of this paragraph. 
‘‘(E) Any other matters that the Secretary 
deems relevant. 
‘‘(4) If the Railroad Safety Advisory Committee time-
ly accepts a task specified in this section and presents the 
Secretary with a written consensus recommendation with-
in 24 months after accepting the task, the Secretary shall 
consider the recommendation. The Secretary shall propose 
an initial amendment to the regulation consistent with the 
extent to which the Secretary agrees with Committee’s 
recommendation. 
‘‘(5) If the Committee fails to provide a consensus 
recommendation with respect to a task specified in this 
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section within 24 months after accepting the task, the Sec-
retary may proceed without the assistance of the Com-
mittee and may propose and prescribe any amendment to 
the regulation that the Secretary deems necessary in ac-
cordance with the Secretary’s authority under section 
20103 of this title or may decide not to propose or to pre-
scribe any amendment. 
‘‘(6)(A) In adopting any amendments under this sec-
tion for any individuals performing safety-critical duties 
in a particular service, the Secretary shall prescribe max-
imum hours of service and such additional requirements 
as the Secretary deems necessary to provide a reasonable 
level of fatigue prevention or fatigue mitigation, or both. 
‘‘(B) Recognizing the diversity of working conditions 
within the railroad industry and the need for flexibility 
in applying strategies for fatigue prevention and mitiga-
tion, the Secretary may provide by regulation for submis-
sion and consideration, with respect to any group of indi-
viduals providing service covered by the regulation, of a 
written fatigue management plan proposed by one or more 
railroad carriers or other applicable employers. If the Sec-
retary so provides, and if the Secretary determines that 
the plan would provide a level of safety equal to or better 
than the level of safety that would be provided by the regu-
lation, the Secretary may authorize and enforce compli-
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ance with the plan in lieu of compliance with the regula-
tion. 
‘‘(d) REVIEWABILITY EXCLUSIVELY UNDER
THE 
CONGRESSIONAL
REVIEW
ACT.—Notwithstanding any 
other provision of law, any final rule amendment by the 
Secretary to the regulations mandated by subsection (a) 
of this section or to the regulations authorized by sub-
section (b) of this section— 
‘‘(1) shall not be subject to judicial review. 
‘‘(2) shall be subject to review under the Con-
gressional Review Act (5 U.S.C. 801) as the sole 
and exclusive means of review.’’. 
(d) TABLE OF SECTIONS AMENDMENT.—The table 
of sections for chapter 201, as amended by this Act, is 
further amended by adding at the end the following new 
item: 
‘‘20158. Fatigue, including hours of service.’’. 
(e) AMENDMENT.—Effective upon the repeal of chap-
ter 211, chapter 201, as amended by this Act, is further 
amended by adding at the end the following new section: 
‘‘§ 20159. Maximum duty hours and subjects of collec-
tive bargaining 
‘‘The number of hours that an employee may be re-
quired or allowed to be on duty (a number formerly estab-
lished by the Federal hours of service laws, formerly codi-
fied at chapter 211 of this title, and presently established 
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under section 20158 of this title) is the maximum number 
of hours consistent with safety. Shorter hours of service 
and time on duty of an employee are proper subjects for 
collective bargaining between a railroad carrier and its em-
ployees.’’. 
(f) TABLE
OF SECTIONS AMENDMENT.—Effective 
upon the repeal of chapter 211, the table of sections for 
chapter 201 as amended by this Act is further amended 
by adding at the end the following new item: 
‘‘20159. Maximum duty hours and subjects of collective bargaining.’’. 
SEC. 308. AMENDMENT TO THE MOVEMENT-FOR-REPAIR 
PROVISION. 
Section 20303 is amended by adding the following 
new subsections: 
‘‘(d) DEFINITIONS
AND CLARIFICATION.—In sub-
section (a)— 
‘‘(1) ‘place at which the repairs can be made’ 
means— 
‘‘(A) a location with a fixed facility for 
conducting the repairs that are necessary to 
bring the defective or insecure vehicle into com-
pliance 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 ve-
hicle into compliance with this chapter makes 
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the same kind of repair at the location regularly 
(as specified in regulations prescribed by the 
Secretary). 
‘‘(2) ‘nearest’ means the closest in the forward 
direction of travel for the defective or insecure vehi-
cle. 
‘‘(3) movement of a defective or insecure vehicle 
from a location is ‘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 Secretary). 
‘‘(e) ADDITIONAL CONDITIONS FOR MOVEMENT TO 
MAKE REPAIRS.—The Secretary of Transportation may 
impose conditions for the movement of a defective or inse-
cure vehicle to make repairs in addition to those conditions 
set forth in subsection (a) by prescribing regulations or 
issuing orders as necessary.’’. 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. TECHNICAL AMENDMENTS TO ELIMINATE UNNEC-
ESSARY PROVISIONS. 
(a) AMENDMENTS.—Chapter 201 as amended by this 
Act is further amended by— 
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(1) striking the second sentence of section 
20103(f); 
(2) striking and reserving sections 20115, 
20131, 20133, 20136–20139, 20141–20146, 20148, 
and 20150; 
(3) striking and reserving subsection (b) of sec-
tion 20134 as amended by this Act; and 
(4) striking the second sentence of section 
20151(a) and striking section 20151(c). 
(b) TABLE OF SECTIONS AMENDMENTS.—The table 
of sections for chapter 201 as amended by this Act is fur-
ther amended by striking and reserving the items relating 
to the following sections: 20115, 20131, 20133, 20136– 
20139, 20141–20146, 20148, and 20150. 
SEC. 402. ALTERNATE NAMES FOR CHAPTERS OF SUBTITLE 
V, PART A. 
(a) AMENDMENT.—Section 20101 as amended by 
this Act is further amended by— 
(1) revising the section heading to read as fol-
lows: 
‘‘§ 20101. Purpose and title of chapter’’; 
(2) designating the text of the section as sub-
section (a) and adding a subsection heading ‘‘PUR-
POSE.—’’; and 
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(3) adding at the end of the section the fol-
lowing new subsection: 
‘‘(b) TITLE
OF CHAPTER.—This chapter may be 
cited as the ‘Federal Railroad Safety Act’.’’. 
(b) AMENDMENT.—Section 20301 is amended by— 
(1) revising the section heading to read as fol-
lows: 
‘‘§ 20301. Definition; nonapplication; and titles of pro-
visions in chapter’’; 
(2) adding at the end of the section the fol-
lowing new subsection: 
‘‘(c) TITLES OF PROVISIONS IN CHAPTER.—Collec-
tively, sections 20301–20304 and 20306 of this chapter 
may be cited as the ‘Safety Appliance Act’. Section 20305 
may be cited as the ‘Mail Car Inspection Act.’ ’’. 
(c) AMENDMENT.—Section 20501 is amended by— 
(1) revising the section heading to read as fol-
lows: 
‘‘§ 20501. Definition; title of chapter’’; 
(2) designating the text of the section as sub-
section (a) and adding the subsection heading ‘‘DEF-
INITION.—’’; and 
(3) adding at the end of the section the fol-
lowing new subsection: 
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