erations and to reduce railroad-related accidents and inci-
dents.’’.
SEC. 102. RAILROAD SAFETY CONFERENCE.
(a) IN GENERAL.—The Secretary of Transportation
shall convene, within 6 months after the date of the enact-
ment of this Act and annually thereafter, a conference to
determine what are the most important actions needed to
improve the safety of railroad operations. Each such con-
ference shall provide an opportunity for the participants
to present their views, respond to the views of other par-
ticipants, and discuss railroad safety issues with other
participants so that a consensus can be reached.
(b) PARTICIPANTS.—Each conference convened pur-
suant to subsection (a) shall include as participants, at
a minimum, appropriate representatives of the Depart-
ment of Transportation, railroad management, railroad
labor, railroad passengers, railroad equipment suppliers,
and railroad shippers, as well as individuals representing
community interests.
(c) REPORT TO CONGRESS.—The Secretary of Trans-
portation shall, within 3 months after the completion of
a conference convened pursuant to subsection (a), trans-
mit to the Congress a report summarizing the results of
the conference.
SEC. 103. RULEMAKING STATUS REPORTS.
(a) REQUIREMENT.—The Administrator of the Fed-
eral Railroad Administration shall report once each month
to the Committee on Transportation and Infrastructure
of the House of Representatives and to the Committee on
Commerce, Science, and Transportation of the Senate on
the status of the Federal Railroad Administration’s safety-
related—
(1) rulemakings, whether specifically required
by statute or initiated by the Secretary or the Fed-
eral Railroad Administrator under general statutory
authority; and
(2) reports, including reports required by stat-
ute and any other reports intended for publication.
(b) CONTENTS.—A report required by subsection (a)
shall discuss the progress of the Federal Railroad Admin-
istration in completing those rulemakings and reports, in-
cluding achieved and expected dates of completing various
phases of the rulemakings and reports. In the case of
rulemakings and reports required by law, these dates shall
be compared with the dates required by law, and the re-
port required by subsection (a) shall explain the failure
to meet any rulemaking or reporting deadlines established
by law. The report shall also discuss the extent to which
any review or approval of the rulemaking or report, that
is required by law or otherwise to be performed by a Fed-
eral official, has been completed. The report may also dis-
cuss any other topics that the Administrator considers rel-
evant to the Federal Railroad Administration’s railroad
safety program.
SEC. 104. POWER BRAKE SAFETY RULEMAKING.
If the Secretary of Transportation has not, before the
date which is one year after the date of the enactment
of this Act, issued all final regulations relating to the safe-
ty of railroad power brakes required under section 20141
of title 49, United States Code, then on the date which
is one year after the date of the enactment of this Act
the proposed rules published on September 16, 1994 (59
Fed. Reg. 47676–47753) that relate to any subject on
which the Secretary has not issued final regulations shall
take effect as final rules.
SEC. 105. TRACK SAFETY STANDARDS RULEMAKING.
Section 20142 of title 49, United States Code, is
amended—
(1) in subsection (b), by striking ‘‘Not later
than September 3, 1995’’ and inserting in lieu there-
of ‘‘Before the date which is one year after the date
of the enactment of the Railroad Safety Reform Act
of 1997’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(e) CONTINGENT STANDARDS.—If the Secretary
has not, before the date which is one year after the date
of the enactment of the Railroad Safety Reform Act of
1997, issued all final regulations relating to track safety
required under subsection (b), then on the date which is
one year after the date of the enactment of this Act the
proposed rules published on July 3, 1997 (62 Fed. Reg.
36137–36189) that relate to any subject on which the Sec-
retary has not issued final rules shall take effect as final
rules.
‘‘(f) ADDITIONAL STANDARDS.—In addition to the
other requirements of this section, the following require-
ments shall also apply:
‘‘(1) No track inspection shall be conducted
from a vehicle traveling at a speed of more than 15
miles per hour.
‘‘(2) Except with respect to excepted track, as
defined by the Secretary, any owner of track, that
is part of the general railroad system of transpor-
tation and that does not comply with track safety
regulations issued by the Secretary, shall—
‘‘(A) bring the track into compliance;
‘‘(B) halt operations over the track; or
‘‘(C) permit operation over the track—
‘‘(i) only in the presence of and under
the supervision of a qualified person, as
defined by the Secretary; and
‘‘(ii) only if such operations are deter-
mined by such qualified person to be safe.
The occurrence of a violation of this subsection
shall be determined without regard to whether
the owner knows or has notice that the track
does not comply with track safety regulations.
‘‘(3) Each track owner with track constructed
of continuous welded rail shall have in effect and
comply with written procedures approved by the Sec-
retary which address the installation, adjustment,
maintenance, and inspection of continuous welded
rail, and shall have in effect a training program for
the application of those procedures.
‘‘(4) Each switch on track for which the Sec-
retary has established a speed limit that is—
‘‘(A) higher than 25 miles per hour for
freight trains; or
‘‘(B) higher than 30 miles per hour for
passenger trains,
and that is used more often than once a month shall
be operated to all of its positions during one inspec-
tion per month.
‘‘(g) MAINTENANCE-OF-WAY EQUIPMENT.—(1) All
track motor vehicles, self-propelled maintenance-of-way
equipment, and other equipment which is designed with
a wheeled carriage allowing the equipment to move along
a railroad track shall be designed and maintained so as
to conduct electrical current from one rail of the track to
the other, enabling the activation of signal systems de-
signed to detect the presence of locomotives, cars, trains,
and other rolling equipment on the track.
‘‘(2) All roadway work groups and lone roadway
workers, as such terms are defined in section 20154(c),
when working in a classification yard, shall be equipped
with portable equipment permitting the motion of freely
rolling railroad cars to be automatically arrested.
‘‘(h) EFFECTIVE DATE.—Subsections (f) and (g)
shall take effect on January 1, 1998.’’.
SEC. 106. RULEMAKING PROCESS.
(a) AMENDMENT.—Subchapter I of chapter 201 of
title 49, United States Code, is amended by inserting after
section 20115 the following new section:
‘‘§ 20116. Rulemaking process
‘‘(a) RULES PROPOSED BY RAILROAD SAFETY ADVI-
SORY COMMITTEE.—A rule that has been proposed unani-
mously by the Railroad Safety Advisory Committee shall
be issued as a proposed rule by the Secretary without
preparation of a regulatory analysis, regulatory evalua-
tion, or any other assessment of the costs or benefits of
the proposed rule, and without soliciting the approval or
comment of any person outside the Department of Trans-
portation.
‘‘(b) INCORPORATION BY REFERENCE.—No rule or
order issued by the Secretary under this part shall be ef-
fective if it incorporates by reference a code, rule, stand-
ard, requirement, or practice issued by an association or
other entity that is not an agency of the Federal Govern-
ment, unless that reference is to a particular code, rule,
standard, requirement, or practice adopted before the date
on which the rule is issued by the Secretary, and unless
the date on which the code, rule, standard, requirement,
or practice was adopted is specifically cited in the rule.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for subchapter I of chapter 201 of title 49, United
States Code, is amended by adding after the item relating
to section 20115 the following new item:
‘‘20116. Rulemaking process.’’.
SEC. 107. SAFETY INSPECTORS.
Section 20115 of title 49, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘subject to
this chapter’’ and inserting in lieu thereof ‘‘subject
to this part’’;
(2) by amending subsection (a)(1) to read as
follows:
‘‘(1) shall cover the costs of providing 400 rail-
road safety inspectors in addition to those already
employed by the Federal Railroad Administration as
of October 1, 1996;’’;
(3) in subsection (c)(2), by striking ‘‘only to
carry out this chapter’’ and inserting in lieu thereof
‘‘only for the purposes described in subsection
(a)(1)’’;
(4) in subsection (c)(3), by striking ‘‘of activi-
ties under’’ and all that follows through ‘‘financed
by the fees’’ and inserting in lieu thereof ‘‘described
in subsection (a)(1)’’;
(5) in subsection (d)(1), by striking ‘‘90 days
after the end of each fiscal year in which fees are
collected under this section’’ and inserting in lieu
thereof ‘‘180 days after the end of fiscal year 2000,
and every 3 years thereafter’’;
(6) in subsection (d)(1)(A), by striking ‘‘that
fiscal year’’ and inserting in lieu thereof ‘‘the 3 pre-
vious fiscal years’’;
(7) in subsection (d)(2), by striking ‘‘for a fis-
cal year’’; and
(8) by striking subsection (e).
SEC. 108. EMPLOYEE REPORTS.
Section 20901(a) of title 49, United States Code, is
amended—
(1) by striking ‘‘the carrier’s operations’’ and
inserting in lieu thereof ‘‘the operations of the car-
rier or of any contractor to the carrier working on
the carrier’s property or operating the carrier’s
equipment’’; and
(2) by inserting ‘‘The report shall also include
copies of any written safety-related complaint or re-
port filed with the carrier by an employee or con-
tractor during the month, whether or not the com-
plaint or report relates to a reported accident or in-
cident.’’ after ‘‘contributed to the accident or inci-
dent.’’.
SEC. 109. ACCIDENT AND INJURY REPORTING.
(a) DISCHARGE
AND
DISCRIMINATION
PROTEC-
TION.—Section 20109 of title 49, United States Code, is
amended—
(1) by redesignating subsections (c), (d), and
(e) as subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c) ACCIDENT AND INJURY INFORMATION.—A rail-
road carrier engaged in interstate or foreign commerce,
and an employee of such a railroad carrier, shall not—
‘‘(1) by threat, intimidation, or otherwise at-
tempt to prevent an employee from furnishing infor-
mation; or
‘‘(2) discharge, discipline, or discriminate
against an employee because the employee has fur-
nished information,
to any party as to the facts relating to any accident or
incident resulting in injury or death to an individual or
damage to property occurring in connection with railroad
transportation.’’.
(b) PENALTIES.—
(1) CIVIL PENALTIES.—Section 21302(a)(1) of
title 49, United States Code, is amended by striking
‘‘a regulation prescribed or order issued under chap-
ter 201 of this title’’ and inserting in lieu thereof
‘‘chapter 201 of this title or a regulation prescribed
or order issued under chapter 201’’.
(2) CRIMINAL
PENALTIES.—Section 21311(a)
of title 49, United States Code, is amended—
(A) by striking ‘‘or’’ at the end of para-
graph (4);
(B) by striking the period at the end of
paragraph (5) and inserting in lieu thereof ‘‘;
or’’; and
(C) by adding at the end the following new
paragraph:
‘‘(6) violates section 20109(c).’’.
(c) AUDITS.—Section 20901 of title 49, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(c) AUDITS.—A railroad carrier shall at least annu-
ally have an audit conducted of the process by which it
reports accidents and incidents pursuant to subsection (a).
The audit shall determine whether the reporting process
is substantially accurate as to the numbers and severity
of accidents and incidents. The audit shall be conducted
by an independent auditor approved by the Secretary.’’.
TITLE II—GRADE CROSSING
SAFETY
SEC. 201. TOLL-FREE NUMBER TO REPORT GRADE CROSS-
ING PROBLEMS.
Section 20152 of title 49, United States Code, is
amended to read as follows:
‘‘§ 20152. Emergency notification of grade crossing
problems
‘‘By January 1, 1999, each railroad carrier shall—
‘‘(1) establish and maintain a toll-free telephone
service, for rights-of-way over which it dispatches
trains, to directly receive calls reporting—
‘‘(A) malfunctions of signals, crossing
gates, and other devices to promote safety at
the grade crossing of railroad tracks on those
rights-of-way and public or private roads; and
‘‘(B) disabled vehicles blocking railroad
tracks at such grade crossings;
‘‘(2) upon receiving a report of a malfunction or
disabled vehicle pursuant to paragraph (1), imme-
diately contact trains operating near the grade
crossing to warn them of the malfunction or disabled
vehicle;
‘‘(3) upon receiving a report of a malfunction or
disabled vehicle pursuant to paragraph (1), and
after contacting trains pursuant to paragraph (2),
contact appropriate public safety officials having ju-
risdiction over the grade crossing to provide them
with the information necessary for them to direct
traffic, assist in the removal of the disabled vehicle,
or carry out other activities appropriate to respond-
ing to the hazardous circumstance; and
‘‘(4) ensure the placement at each grade cross-
ing on rights-of-way that it owns of appropriately lo-
cated signs, on which shall appear—
‘‘(A) a toll-free telephone number to be
used for placing calls described in paragraph
(1) to the railroad carrier dispatching trains on
that right-of-way;
‘‘(B) an explanation of the purpose of that
toll-free number as described in paragraph (1);
‘‘(C) the grade crossing number assigned
for that crossing by the National Highway-Rail
Crossing Inventory established by the Depart-
ment of Transportation and the Association of
American Railroads; and
‘‘(D) a statement that reporting a disabled
vehicle blocking the railroad tracks should be
done immediately, before any attempt is made
to remove the vehicle from the tracks.
The Secretary of Transportation shall implement this sec-
tion through appropriate regulations.’’.
SEC. 202. GRADE CROSSING SIGNAL VIOLATIONS.
(a) AMENDMENTS.—Section 20151 of title 49, Unit-
ed States Code, is amended—
(1) by amending the section heading to read as
follows:
‘‘§ 20151. Railroad trespassing, vandalism, and signal
violation prevention strategy’’;
(2) in subsection (a)—
(A) by striking ‘‘and vandalism affecting
railroad safety’’ and inserting in lieu thereof ‘‘,
vandalism affecting railroad safety, and viola-
tions of grade crossing signals’’;
(B) by inserting ‘‘, concerning trespassing
and vandalism,’’ after ‘‘such evaluation and re-
view’’; and
(C) by inserting ‘‘The second such evalua-
tion and review, concerning violations of grade
crossing signals, shall be completed before No-
vember 2, 1998.’’ after ‘‘November 2, 1994.’’;
(3) in the subsection heading of subsection (b),
by inserting ‘‘FOR TRESPASSING AND VANDALISM
PREVENTION’’ after ‘‘OUTREACH PROGRAM’’;
(4) in subsection (c)—
(A) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively;
(B) by inserting ‘‘(1)’’ after ‘‘MODEL LEG-
ISLATION.—’’; and
(C) by adding at the end the following new
paragraph:
‘‘(2) Within 18 months after the date of the enact-
ment of the Railroad Safety Reform Act of 1997, the Sec-
retary, after consultation with State and local govern-
ments and railroad carriers, shall develop and make avail-
able to State and local governments model State legisla-
tion providing for civil or criminal penalties, or both, for
violations of grade crossing signals.’’; and
(5) by adding at the end the following new sub-
section:
‘‘(d) DEFINITION.—For purposes of this section, the
term ‘violation of grade crossing signals’ includes any ac-
tion by a motorist, unless directed by an authorized safety
officer—
‘‘(1) to drive around a grade crossing gate in
a position intended to block passage over railroad
tracks;
‘‘(2) to drive through a flashing grade crossing
signal;
‘‘(3) to drive through a grade crossing with pas-
sive warning signs without ensuring that the grade
crossing could be safely crossed before any train ar-
rived; and
‘‘(4) in the vicinity of a grade crossing, that
creates a hazard of an accident involving injury or
property damage at the grade crossing.’’.
(b) CONFORMING AMENDMENT.—The item relating
to section 20151 in the table of sections for subchapter
II of chapter 201 of title 49, United States Code, is
amended to read as follows:
‘‘20151. Railroad trespassing, vandalism, and signal violation prevention strat-
egy.’’.
TITLE III—HOURS OF SERVICE
SEC. 
301. 
LIMITATIONS 
ON 
DUTY 
HOURS 
OF 
TRAIN
EMPLOYEES.
(a) GENERAL RULES.—Section 21103(a) of title 49,
United States Code, is amended by striking paragraphs
(1) and (2) and inserting in lieu thereof the following new
paragraphs:
‘‘(1) unless that employee has had at least 8
consecutive hours of undisturbed rest off duty dur-
ing the prior 24 hours;
‘‘(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 the
employee’s away-from-home designated terminal.’’.
(b) TIME WAITING
FOR DEADHEAD TRANSPOR-
TATION.—Section 21103(b)(4) of title 49, United States
Code, is amended by inserting ‘‘or waiting on a train, with
assigned duties, for deadhead transportation from a duty
assignment’’ after ‘‘to a duty assignment’’.
(c) DEFINITION OF UNDISTURBED REST.—Section
21101 of title 49, United States Code, is amended by add-
ing at the end the following new paragraph:
‘‘(6) ‘undisturbed rest’ means a period during
which an employee receives no communication from
the employing railroad carrier and its officers and
agents.’’.
SEC. 302. SPLIT SHIFTS.
Section 21103 of title 49, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(d) SPLIT SHIFTS.—(1) A railroad carrier and its
officers and agents may require a train employee to work
a split shift only if the split shift begins between 12:01
a.m. and 11:59 a.m. and ends before 2:00 a.m. on the
day following the day on which the shift begins.
‘‘(2) For purposes of this subsection, the term ‘split
shift’ means a tour of duty in which an employee, having
just completed a rest period of at least 8 hours, reports
for duty, works an initial work period, has an interim pe-
riod for rest of at least 4 hours but less than 8 hours
at the employee’s designated terminal, and then works one
or more additional work periods before being released for
a rest period of at least 8 hours.
‘‘(3) For railroad carriers providing commuter rail
passenger transportation, as defined in section 24102(5)
of this title, and with respect to train employees engaged
in such transportation, this subsection shall take effect 90
days after the date of the enactment of the Railroad Safe-
ty Reform Act of 1997. For railroad carriers other than
those providing such commuter rail passenger transpor-
tation, and for train employees engaged in other forms of
railroad transportation, this subsection shall take effect 2
years after the date of the enactment of the Railroad Safe-
ty Reform Act of 1997.’’.
SEC. 303. LIMITATIONS ON DUTY HOURS OF SIGNAL EM-
PLOYEES.
Section 21104(b)(3) of title 49, United States Code,
is amended by striking ‘‘, except that up to’’ and all that
follows through ‘‘time off duty’’.
SEC. 304. EMPLOYEE SLEEPING QUARTERS.
Section 21106 of title 49, United States Code, is
amended—
(1) by inserting ‘‘(a) GENERAL RULE.—’’ be-
fore ‘‘A railroad carrier’’;
(2) by striking ‘‘officers and agents’’ and all
that follows through ‘‘may provide’’ and inserting in
lieu thereof ‘‘officers and agents may provide’’;
(3) by striking ‘‘under the control of the car-
rier’’;
(4) by striking ‘‘; and’’ and inserting in lieu
thereof a period; and
(5) by striking paragraph (2) and inserting in
lieu thereof the following new subsections:
‘‘(b) LOCATION.—Effective January 1, 1998, sleep-
ing quarters referred to in subsection (a) shall not be lo-
cated in an area or in the immediate vicinity of an area,
as determined under regulations prescribed by the Sec-
retary of Transportation, in which railroad switching or
humping operations are performed.
‘‘(c) MAXIMUM NOISE LEVELS.—The Secretary, in
prescribing regulations under this section, shall set maxi-
mum noise levels which may be experienced in sleeping
quarters. Such levels shall be based in part on single event
noise levels.’’.
SEC. 305. ROTATING SHIFTS.
(a) AMENDMENT.—Chapter 211 of title 49, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 21109. Rotating shifts
‘‘(a) GENERAL RULE.—Except as provided in sec-
tions 21103(c), 21104(c), and 21105(d), a railroad carrier
and its officers and agents may not require or allow an
employee to report for duty to begin an 8-hour shift which
begins at a time that is more than 4 hours earlier or more
than 6 hours later than the time of day when that em-
ployee, within the previous 72 hours, began a prior 8-hour
shift.
‘‘(b) DETERMINING TIME ON DUTY.—For purposes
of this section, the rules for determining time on duty stat-
ed in sections 21103(b), 21104(b), and 21105(c), as ap-
propriate, shall apply.
‘‘(c) STUDY OF ALTERNATIVE METHODS.—The Sec-
retary of Transportation shall initiate a study of alter-
native methods of preventing fatigue due to rotating
shifts, and shall report to the Congress on the results of
such study, including proposals for revising chapter 211
of this title, as results become available.
‘‘(d) DEFINITION.—For purposes of this section, the
term ‘8-hour shift’ means a period during which an em-
ployee is on duty for 8 consecutive hours or longer.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 211 of title 49, United States Code, is
amended by adding at the end the following new item:
‘‘21109. Rotating shifts.’’.
SEC. 306. TRAIN DISPATCHERS.
Section 21101(2) of title 49, United States Code, is
amended to read as follows:
‘‘(2) ‘dispatching service employee’ means an
operator, train dispatcher, supervisory train dis-
patcher, power director, or other train employee
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;
‘‘(B) directly supervises an employee who
carries out responsibilities described in subpara-
graph (A); or
‘‘(C) dispatches trains through control of
third rail or pantographic electrical power.’’.
SEC. 307. FATIGUE MANAGEMENT PLANS.
(a) AMENDMENT.—Section 21108 of title 49, United
States Code, is amended to read as follows:
‘‘§ 21108. Fatigue management plans
‘‘(a) REQUIREMENT.—Not later than 1 year after the
date of the enactment of the Railroad Safety Reform Act
of 1997, the Secretary of Transportation shall prescribe
regulations requiring railroad carriers to develop and im-
plement fatigue management plans. These plans shall be
developed by the railroad carriers, in consultation with
their employees and with representatives of organizations
of their employees, and submitted to the Secretary for the
Secretary’s approval. If a railroad carrier does not submit
a plan, or if the railroad carrier’s plan is not approved
by the Secretary, the Secretary shall prescribe a plan for
the railroad carrier.
‘‘(b) PURPOSE.—Each fatigue management plan
shall be designed to reduce the fatigue experienced by rail-
road employees and to reduce the likelihood of accidents
and injuries caused by fatigue. Each plan shall take into
account the varying circumstances of operations by the
railroad carrier on different parts of its system, and shall
prescribe appropriate fatigue countermeasures to address
those varying circumstances.
‘‘(c) WAIVER.—A railroad carrier may request, as
part of its proposed fatigue management plan, the waiver
of any provisions of this chapter that would prevent the
plan from achieving the objective of reducing fatigue and
enhancing safety. The Secretary is authorized to waive any
provision of this chapter if a waiver is requested by the
railroad carrier and if the railroad carrier demonstrates,
to the Secretary’s satisfaction, that the waiver is essential
to achieving the objectives of reducing fatigue and enhanc-
ing safety. No waiver shall be approved unless the Sec-
retary makes a finding that the waiver permits procedures
that reduce fatigue and enhance safety, and which would
not be possible without the waiver.’’.
(b) CONFORMING AMENDMENT.—The item relating
to section 21108 is the table of sections of chapter 211
of title 49, United States Code, is amended to read as
follows:
‘‘21108. Fatigue management plans.’’.
SEC. 308. RECOMMENDATIONS ON HOURS OF SERVICE
CHANGES.
The Railroad Safety Advisory Committee shall con-
vene a working group to consider what legislative changes
might be appropriate to chapter 211 of title 49, United
States Code, relating to hours of service. Not later than
9 months after the date of the enactment of this Act, the
Advisory Committee shall report to the Administrator of
the Federal Railroad Administration on whether it has
reached consensus on any recommended changes, and if
so what they are. The Administrator shall transmit the
recommendations of the Advisory Committee to the Con-
gress. If the Advisory Committee has not reached consen-
sus on any recommendations, the Administrator shall, not
later than 6 months after receiving the report of the Advi-
sory Committee, transmit to the Congress the Administra-
tor’s recommendations for appropriate legislative changes
to such chapter 211.
TITLE IV—PASSENGER SERVICE
SAFETY STANDARDS
SEC. 401. EMERGENCY WINDOWS AND DOORS.
Section 20133 of title 49, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e) EMERGENCY WINDOWS AND DOORS.—(1) After
January 1, 2000, all railroad cars, including self-propelled
cars, used for providing transportation for members of the
general public shall—
‘‘(A) have emergency windows installed in at
least one half of their window locations;
‘‘(B) have emergency windows or emergency
panels in each of their interior and exterior doors;
‘‘(C) have emergency doors at each exterior and
interior door location; and
‘‘(D) adjacent to each emergency window, emer-
gency panel, and emergency door, have—
‘‘(i) 
on 
the 
exterior 
car 
surface,
retroreflective signage; and
‘‘(ii) on the interior car surface, fluores-
cent signage,
clearly marking the emergency window, emergency
panel, or emergency door and containing easily un-
derstood instructions on the operation of the emer-
gency window, emergency panel, or emergency door.
‘‘(2) For purposes of this subsection—
‘‘(A) the term ‘emergency door’ means a door
with an easily accessible interior quick-release mech-
anism allowing the door to be opened quickly in an
emergency without tools;
‘‘(B) the term ‘emergency panel’ means an
opaque panel designed to permit rapid and easy re-
moval for passenger escape in an emergency without
tools; and
‘‘(C) the term ‘emergency window’ means a
window designed to permit rapid and easy removal
for passenger escape in an emergency without tools.
‘‘(3) This subsection shall not apply to railroad cars
used by tourist, excursion, scenic, or historic railroads that
are not part of the general system of railroad transpor-
tation and that do not operate at speeds in excess of 30
miles per hour.’’.
SEC. 402. PASSENGER RAILROAD SIGNAL SYSTEMS.
(a) AMENDMENT.—(1) Section 20502 of title 49,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(c) PASSENGER RAILROAD SIGNALS.—Each rail-
road line on which passenger service operates, except lines
where automatic train stop or cab signaling equipment is
in use for all passenger service, shall have installed ap-
proach and stop signals such that at least one approach
signal intervenes between a passenger station stop and a
subsequent stop signal.’’.
(2) The amendment made by paragraph (1) shall
take effect January 1, 1999.
(b) STUDY.—The Secretary of Transportation shall,
within 1 year after the date of the enactment of this Act,
transmit to the Congress a report on the results of a study
of the safety implications of signal systems and their
placement. In conducting the study, the Secretary shall
consult with representatives of railroad labor, railroad
management, and railroad equipment manufacturers.
After transmitting the report, the Secretary shall initiate
appropriate rulemaking proceedings under chapter 205 of
title 49, United States Code, to implement the rec-
ommendations made in the report.
SEC. 403. PASSENGER LOCOMOTIVE FUEL TANKS.
(a) AMENDMENT.—Chapter 207 of title 49, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 20704. Passenger locomotive fuel tanks
‘‘(a) REQUIREMENTS.—Any locomotive manufac-
tured after the date of the enactment of the Railroad Safe-
ty Reform Act of 1997, and delivered to a railroad carrier
on or after January 1, 1999, for use on passenger trains,
except for a locomotive intended primarily for yard switch-
ing purposes, shall—
‘‘(1) be equipped with fuel tanks that are inter-
nal and compartmentalized;
‘‘(2) be equipped with internal fuel tank bulk-
heads and skin that are either 3⁄8 inch steel plate
with 25,000-pound yield strength or another mate-
rial of equivalent strength; and
‘‘(3) have fuel tank vent systems that are de-
signed to prevent those systems from becoming a
path of fuel loss in the event the tank is placed in
an abnormal orientation due to a locomotive derail-
ing.
‘‘(b) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘compartmentalized’ means hav-
ing an interior divided into at least 4 separate com-
partments designed so that penetration of the exte-
rior skin of any 1 compartment shall result in loss
of fuel only from that compartment; and
‘‘(2) the term ‘internal’ means having its lowest
point at least 18 inches above the lowest point on
the locomotive wheel tread, and being enclosed by, or
part of, the locomotive structure.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 207 of title 49, United States Code, is
amended by adding at the end the following new item:
‘‘20704. Passenger locomotive fuel tanks.’’.
SEC. 404. PASSENGER CAR CRASHWORTHINESS.
Section 20133 of title 49, United States Code, as
amended by section 401 of this Act, is further amended
by adding at the end the following new subsection:
‘‘(f) CRASHWORTHINESS.—(1) Any railroad pas-
senger car, including a self-propelled car, manufactured
after the date of the enactment of the Railroad Safety Re-
form Act of 1997, and delivered to a railroad carrier on
or after January 1, 1999, shall be equipped with corner
posts—
‘‘(A) extending from the underframe structure
to the roof structure; and
‘‘(B) capable of resisting a horizontal load (with
an orientation ranging from longitudinal inward to
transverse inward) of 150,000 pounds at the point
of attachment to the underframe without a failure.
‘‘(2) Any railroad passenger car, including a self-pro-
pelled car, used by a railroad carrier after January 1,
2001, shall be equipped with corner posts described in
paragraph (1)(A) and (B). This paragraph shall not apply
to railroad passenger cars used by tourist, excursion, sce-
nic, or historic railroads that are not part of the general
system of railroad transportation and that do not operate
at speeds in excess of 30 miles per hour.’’.
SEC. 405. POSITIVE TRAIN CONTROL.
(a) AMENDMENTS.—Section 20150 of title 49, Unit-
ed States Code, is amended—
(1) by striking ‘‘PROGRESS REPORT’’ in the
section heading;
(2) by inserting ‘‘(a) PROGRESS REPORT.—’’
before ‘‘The Secretary of Transportation’’; and
(3) by adding at the end the following new sub-
section:
‘‘(b) SCHEDULE FOR IMPLEMENTATION.—(1) The
Secretary shall—
‘‘(A) before March 31, 1998—
‘‘(i) develop a model for assessing the risks
associated with accident or injury on railroad
corridors;
‘‘(ii) compile data on each railroad corridor
to enable the application of the model developed
under clause (i); and
‘‘(iii) rank railroad corridors on the basis
of their risks associated with accident or injury;
‘‘(B) before October 1, 1998, identify high-pri-
ority railroad corridors the Secretary will require to
be equipped with positive train control systems,
which shall include, at a minimum, all railroad lines
on which more than 42 regularly scheduled pas-
senger trains per week operate and all railroad lines
on which more than 2,500,000 tons of hazardous
materials are transported each year; and
‘‘(C) before October 1, 1999, issue regulations
establishing standards for the use of positive train
control systems and requiring their use on high-pri-
ority railroad corridors by no later than September
30, 2001.
‘‘(2) For purposes of this subsection—
‘‘(A) the term ‘passenger train’ does not include
trains operated by tourist, excursion, scenic, or his-
toric railroads that are not part of the general sys-
tem of railroad transportation and that do not oper-
ate at speeds in excess of 30 miles per hour; and
‘‘(B) the term ‘positive train control system’
means a system for automatically controlling the
speed of or stopping a train to prevent collisions, en-
force speed restrictions, and protect roadway work-
ers and their equipment in the event that the train
operator has failed to take appropriate action.’’.
(b) CONFORMING AMENDMENT.—The item relating
to section 20150 in the table of sections for subchapter
II of chapter 201 of title 49, United States Code, is
amended by striking ‘‘progress report’’.
TITLE V—EMPLOYEE AUTHOR-
ITY, 
CERTIFICATION, 
AND
EQUIPMENT
SEC. 501. EMPLOYEE RESPONSE TO HAZARDOUS CONDI-
TIONS.
(a) REFUSING TO WORK OR TO AUTHORIZE EQUIP-
MENT USE.—Section 20109(b)(1) of title 49, United
States Code, is amended—
(1) by striking ‘‘REFUSING TO WORK BECAUSE
OF’’ in the subsection heading;
(2) by inserting ‘‘or against an employee re-
sponsible for the inspection or repair of safety-relat-
ed equipment, track, or structures for refusing to
authorize the use of such equipment, track, or struc-
tures when the employee believes that the equip-
ment, track, or structures are in a hazardous condi-
tion and that the use of the equipment, track, or
structures would endanger human life,’’ after ‘‘per-
formance of the employee’s duties,’’;
(3) by inserting ‘‘and’’ after the semicolon at
the end of subparagraph (A); and
(4) by striking subparagraphs (B) and (C) and
inserting in lieu thereof the following new subpara-
graph:
‘‘(B) the employee, where possible, has notified
the carrier of the existence of the hazardous condi-
tion and the intention not to perform further work
or not to authorize the use of the hazardous equip-
ment, track, or structures, unless the condition is
corrected immediately or the equipment is repaired
properly or replaced.’’.
(b) DISPUTE RESOLUTION.—Section 20109(d) of
title 49, United States Code, as so redesignated by section
109(a)(1) of this Act, is amended—
(1) by striking ‘‘180 days’’ and inserting in lieu
thereof ‘‘60 days’’; and
(2) by striking ‘‘If the violation is’’ and all that
follows through ‘‘$20,000.’’ and inserting in lieu
thereof the following: ‘‘If the employee has been
found by such Board, division, delegate, or board of
adjustment to have been discharged or discriminated
against in violation of subsection (b), the employee
shall be made whole, including reinstatement, with
an award of back pay, and with all benefits and ac-
cumulated seniority. The employee may also be
awarded punitive damages sufficient to deter the
railroad carrier from such conduct in the future.’’.
SEC. 502. CERTIFICATION OF LOCOMOTIVE ENGINEERS
AND 
OTHER 
SAFETY-RELATED 
RAILROAD
PERSONNEL.
(a) AMENDMENT.—Section 20135 of title 49, United
States Code, is amended to read as follows:
‘‘§ 20135. Certification of locomotive engineers and
other safety-related railroad personnel
‘‘(a) IN GENERAL.—The Administrator of the Fed-
eral Railroad Administration shall establish a program for
issuing certificates for—
‘‘(1) carmen;
‘‘(2) conductors;
‘‘(3) dispatchers;
‘‘(4) locomotive engineers;
‘‘(5) signalmen;
‘‘(6) track inspectors; and
‘‘(7) trainmen,
to individuals when the Administrator finds, after inves-
tigation, that the individuals are qualified for, and phys-
ically able to perform the duties related to, the position
to be authorized by the certificates. After January 1,
2000, no person shall carry out the responsibilities of the
carman, conductor, dispatcher, locomotive engineer, sig-
nalman, track inspector, or trainman unless that person
has been certificated for that position by the Adminis-
trator.
‘‘(b) GENERAL QUALIFICATIONS.—The program es-
tablished under subsection (a)—
‘‘(1) shall provide qualification standards and
minimum training requirements for each type of po-
sition described in subsection (a); and
‘‘(2) shall require comprehensive knowledge of
applicable railroad carrier operating practices and
rules.
‘‘(c) LOCOMOTIVE ENGINEERS.—
‘‘(1) QUALIFICATIONS.—The program estab-
lished under subsection (a), in the case of certifi-
cation of a locomotive engineer—
‘‘(A) except as provided in paragraph
(2)(A), shall require consideration, to the extent
the information is available, of the motor vehi-
cle driving record of each individual seeking
certification, including—
‘‘(i) any denial, cancellation, revoca-
tion, or suspension of a motor vehicle oper-
ator’s license by a State for cause within
the prior 5 years; and
‘‘(ii) any conviction within the prior 5
years of an offense described in section
30304(a)(3)(A) or (B) of this title;
‘‘(B) may require, based on the individ-
ual’s driving record, disqualification or the
granting of a certificate conditioned on require-
ments the Administrator prescribes; and
‘‘(C) shall require an individual seeking
certification—
‘‘(i) to request the chief driver licens-
ing official of each State in which the indi-
vidual has held a motor vehicle operator’s
license within the prior 5 years to provide
information about the individual’s driving
record to the individual’s employer, pro-
spective employer, or the Administrator, as
the Administrator requires; and
‘‘(ii) to make the request provided for
in section 30305(b)(4) of this title for in-
formation to be sent to the individual’s em-
ployer, prospective employer, or the Ad-
ministrator, as the Administrator requires.
‘‘(2) WAIVERS.—(A) The Administrator shall
prescribe standards and establish procedures for
waiving paragraph (1)(A) for an individual or class
of individuals who the Administrator decides are not
currently unfit to operate a locomotive. However, the
Administrator may waive paragraph (1)(A) for an
individual or class of individuals with a conviction,
cancellation, revocation, or suspension described in
subparagraph (B)(i) or (ii) only if the individual or
class, after the conviction, cancellation, revocation,
or suspension, successfully completes a rehabilitation
program established by a railroad carrier or ap-
proved by the Administrator.
‘‘(B) If an individual, after the conviction, can-
cellation, revocation, or suspension, successfully com-
pletes a rehabilitation program established by a rail-
road carrier or approved by the Administrator, the
individual may not be denied a certificate under
paragraph (1)(A) because of—
‘‘(i) a conviction for operating a motor ve-
hicle when under the influence of, or impaired
by, alcohol or a controlled substance; or
‘‘(ii) the cancellation, revocation, or sus-
pension of the individual’s motor vehicle opera-
tor’s license for operating a motor vehicle when
under the influence of, or impaired by, alcohol
or a controlled substance.
‘‘(3) OPPORTUNITY TO EXAMINE AND COMMENT
ON INFORMATION.—The Administrator, employer, or
prospective employer, as appropriate, shall make in-
formation obtained under paragraph (1)(C) available
to the individual. The individual shall be given an
opportunity to comment in writing about the infor-
mation. Any comment shall be included in any
record or file maintained by the Administrator, em-
ployer, or prospective employer that contains infor-
mation to which the comment is related.
‘‘(d) DELEGATION.—
‘‘(1) IN GENERAL.—Subject to any regulations,
supervision, and review the Administrator may pre-
scribe, the Administrator may delegate, to a quali-
fied private person or an employee under the super-
vision of that person, a matter related to—
‘‘(A) the examination, testing, and inspec-
tion necessary to issue a certificate under this
section; and
‘‘(B) issuing the certificate.
‘‘(2) RESCISSION.—The Administrator may re-
scind a delegation under this section at any time for
any reason the Administrator considers appropriate.
‘‘(3) RECONSIDERATION.—A person affected by
an action of a person to whom responsibilities have
been delegated under this subsection may apply for
reconsideration of the action by the Administrator,
and, on the Administrator’s own initiative, the Ad-
ministrator may reconsider the action of such a per-
son at any time. If the Administrator decides on re-
consideration that the action is unreasonable or un-
warranted, the Administrator shall change, modify,
or reverse the action. If the Administrator decides
that the action is warranted, the Administrator shall
affirm the action.
‘‘(e) SUSPENSION OR REVOCATION.—
‘‘(1) AUTHORITY.—The Administrator may re-
view the certification of any employee holding a cer-
tificate under this section. The Administrator may
suspend or revoke a certificate issued under this sec-
tion if—
‘‘(A) the employee, in the course of rail-
road employment, has engaged in or authorized
a practice that endangers human life, including
authorizing the use of unsafe equipment or
track; or
‘‘(B) the Administrator decides after re-
viewing the actions or qualifications of the em-
ployee that railroad safety and the public inter-
est require such a suspension or revocation.
The length of a suspension shall be at the discretion
of the Administrator. In determining the length of a
suspension, the Administrator shall take into ac-
count the seriousness of the unsafe practice and the
employee’s past safety record.
‘‘(2) PROCEDURES.—Before acting to suspend
or revoke a certificate, the Administrator shall ad-
vise the holder of the certificate of the charges or
other reasons on which the Administrator relies for
the proposed action. Except in an emergency, the
Administrator shall provide the holder of the certifi-
cate with an opportunity to answer the charges and
to be heard on why the certificate should not be sus-
pended or revoked. Except as provided in paragraph
(3), the action of the Administrator suspending or
revoking a certificate shall be stayed pending the
outcome of an appeal under subsection (f).
‘‘(3) EMERGENCIES.—If the Administrator de-
termines that an emergency exists and that railroad
safety requires that a suspension or revocation be ef-
fective immediately, then the Administrator’s action
shall be effective immediately.
‘‘(f) APPEALS.—The Administrator shall establish an
appropriate procedure through which a person adversely
affected by—
‘‘(1) an action denying a certificate under this
section; or
‘‘(2) an order suspending or revoking a certifi-
cate under subsection (e),
may appeal such action or order. If a finding is made
under that appeals procedure, after notice and an oppor-
tunity for a hearing, that railroad safety and the public
interest do not require affirmation of the original action
or order, the Administrator shall amend, modify, or re-
verse that action or order.
‘‘(g) CERTIFICATION OF SAFETY.—
‘‘(1) BY A CARMAN.—(A) No locomotive, rail-
road car, or train shall depart its initial terminal
until it has been inspected and its safety has been
certified in writing by a carman certificated under
this section.
‘‘(B) No locomotive, railroad car, or train shall
be used or operated after it has been repaired or re-
ported to have a defect potentially affecting safety
until it has been inspected by a carman certificated
under this section and its safety has been subse-
quently certified in writing by that carman. A safety
certification made under this subparagraph may be
made conditional on the locomotive, railroad car, or
train being repaired at the first practical oppor-
tunity.
‘‘(2) BY A SIGNALMAN.—(A) No signal system
shall be used to signal that a train may proceed or
to control the movement of automobiles at grade
crossings unless its safety has been certified in writ-
ing within the past year by a signalman certificated
under this section.
‘‘(B) No signal system shall be used to signal
that a train may proceed or to control the movement
of automobiles at grade crossings after that signal
system has been repaired or reported to have a de-
fect potentially affecting safety until it has been in-
spected by a signalman certificated under this sec-
tion and its safety has been subsequently certified in
writing by that signalman.
‘‘(3) BY A TRACK INSPECTOR.—(A) No track
shall be used to operate locomotives, railroad cars,
or trains unless the safety of that track has been
certified in writing within the past year by a track
inspector certificated under this section.
‘‘(B) No track shall be used after it has been
repaired or reported to have a defect potentially af-
fecting safety until it has been inspected by a track
inspector certificated under this section and its safe-
ty for its anticipated use has been subsequently cer-
tified in writing by that track inspector.
‘‘(h) AUTHORITY TO REFUSE TO OPERATE TRAINS
OR LOCOMOTIVES.—A locomotive engineer may refuse to
operate a train or locomotive if that locomotive engineer
is not satisfied that the train or locomotive can be oper-
ated safely.
‘‘(i) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘carman’ means a railroad em-
ployee who inspects, tests, maintains, and repairs
brakes, other mechanical systems and components,
and safety appliances on railroad cars or loco-
motives;
‘‘(2) the term ‘conductor’ means a railroad road
or yard employee who is in charge of a train’s pas-
sengers or freight;
‘‘(3) the term ‘dispatcher’ means an operator,
train dispatcher, supervisory train dispatcher, power
director, or other train employee 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;
‘‘(B) directly supervises an employee who
carries out responsibilities described in subpara-
graph (A); or
‘‘(C) dispatches trains through control of
third rail or pantographic electrical power;
‘‘(4) the term ‘locomotive engineer’ means an
operator of a locomotive other than—
‘‘(A) a person who operates a locomotive
solely within the confines of a locomotive repair
or servicing area; and
‘‘(B) a person who operates a locomotive
for short distances for inspection and mainte-
nance purposes;
‘‘(5) the term ‘signalman’ means a railroad em-
ployee who installs, repairs, and maintains signal
systems;
‘‘(6) the term ‘track inspector’ means a railroad
employee whose sole responsibility is to inspect
track, report on its condition, and authorize its use
by locomotives, railroad cars, and trains; and
‘‘(7) the term ‘trainman’ means a railroad road
or yard employee who is under the supervision of a
conductor.’’.
(b) CONFORMING AMENDMENT.—The item relating
to section 20135 in the table of sections for chapter 201
of title 49, United States Code, is amended to read as
follows:
‘‘20135. Certification of locomotive engineers and other safety-related railroad
personnel.’’.
(c) EFFECT OF AMENDMENT.—Notwithstanding the
amendment made by subsection (a), the requirements for
licensing or certification of locomotive operators under sec-
tion 20135 of title 49, United States Code, as in effect
before the date of the enactment of this Act, shall continue
in effect until the program established under the amend-
ment made by subsection (a) takes effect.
SEC. 503. COMMUNICATIONS DEVICES.
(a) AMENDMENT.—Subchapter II of chapter 201 of
title 49, United States Code, is amended by adding at the
end the following new section:
‘‘§ 20154. Communications devices
‘‘(a) REQUIRED EQUIPMENT.—Each—
‘‘(1) locomotive or cab-forward passenger car
from which a train is operated; and
‘‘(2) roadway work group or lone roadway
worker, when working along a railroad’s right-of-
way,
shall be equipped with an operational radio or other device
that permits 2-way communication with the railroad’s dis-
patcher or other supervisory official who is able to commu-
nicate with the railroad’s locomotive operators and road-
way workers.
‘‘(b) OPERABILITY.—A train may not leave its initial
terminal, and a roadway work group or lone roadway
worker may not leave their base of operations, without—
‘‘(1) an operable device described in subsection
(a); and
‘‘(2) a backup operable device described in sub-
section (a) for use in the event that the device de-
scribed in paragraph (1) of this subsection fails to
operate.
If either such device becomes inoperable after leaving the
initial terminal, such device shall be promptly repaired or
replaced.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘roadway work group’ means 2 or
more roadway workers working together on a com-
mon task who are in direct communication with each
other; and
‘‘(2) the term ‘roadway worker’ means an em-
ployee of a railroad, or of a contractor to a railroad,
including a maintenance-of-way worker or a signal-
man, who is working on or near railroad track.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the follow-
ing new item:
‘‘20154. Communications devices.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect 6 months after the date of
the enactment of this Act.
Æ