(6) Improving the safety of railroad bridges, tun-
nels, and related infrastructure to prevent accidents, 
incidents, injuries, and fatalities caused by cata-
strophic failures and other bridge and tunnel failures. 
(b) RESOURCE NEEDS.—The strategy and annual 
plan shall include estimates of the funds and staff resources 
needed to accomplish the goals established by subsection (a). 
Such estimates shall also include the staff skills and train-
ing required 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 Trans-
portation 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 described in subsection (a). The Secretary shall 
identify any deficiencies in achieving the goals within 
the strategy and develop and institute measures to re-
mediate such deficiencies. The Secretary and the Ad-
ministrator shall convey their assessment to the em-
ployees of the Federal Railroad Administration and 
shall identify any deficiencies that should be remedi-
ated 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 Transpor-
tation and Infrastructure on the performance of the 
Federal Railroad Administration containing the 
progress assessment required by paragraph (1) toward 
achieving the goals of the railroad safety strategy and 
annual plans under subsection (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 
Improvement Act of 2008, the Secretary of Transpor-
tation, by regulation, shall require each railroad car-
rier that is a Class I railroad, a railroad carrier that 
has inadequate safety performance (as determined by 
the Secretary), or a railroad carrier that provides
intercity rail passenger or commuter rail passenger 
transportation— 
‘‘(A) to develop a railroad safety risk reduc-
tion program under subsection (d) that system-
atically evaluates railroad safety risks on its sys-
tem and manages those risks in order to reduce 
the numbers and rates of railroad accidents, in-
cidents, injuries, and fatalities; 
‘‘(B) to submit its program, including any 
required plans, to the Secretary for review and 
approval; and 
‘‘(C) to implement the program and plans 
approved by the Secretary. 
‘‘(2) RELIANCE ON PILOT PROGRAM.—The Sec-
retary may conduct behavior-based safety and other 
research, including pilot programs, before promul-
gating regulations under this subsection and there-
after. The Secretary shall use any information and 
experience gathered through such research and pilot 
programs under this subsection in developing regula-
tions under this section. 
‘‘(3) REVIEW
AND
APPROVAL.—The Secretary 
shall review and approve or disapprove railroad safe-
ty risk reduction program plans within a reasonable 
period of time. If the proposed plan is not approved,
the Secretary 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 de-
ficiencies within a reasonable period of time following 
receipt of written notice from the Secretary. The Sec-
retary shall annually conduct a review to ensure that 
the railroad carriers are complying with their plans. 
‘‘(4) VOLUNTARY COMPLIANCE.—A railroad car-
rier that is not required to submit a railroad safety 
risk reduction program under this section may volun-
tarily submit a program that meets the requirements 
of this section to the Secretary. The Secretary shall 
approve or disapprove 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 
certify that the contents of the program are accurate and 
that the railroad carrier will implement the contents of the 
program as approved by the Secretary. 
‘‘(c) RISK ANALYSIS.—In developing its railroad safe-
ty risk reduction program each railroad carrier required 
to submit such a program pursuant to subsection (a) shall 
identify and analyze the aspects of its railroad, including 
operating rules and practices, infrastructure, equipment,
employee levels and schedules, safety culture, management 
structure, employee training, and other matters, including 
those not covered by railroad safety regulations or other 
Federal regulations, that impact railroad safety. 
‘‘(d) PROGRAM ELEMENTS.— 
‘‘(1) IN
GENERAL.—Each railroad carrier re-
quired to submit a railroad safety risk reduction pro-
gram under subsection (a) shall develop a comprehen-
sive safety risk reduction program to improve safety 
by reducing the number and rates of accidents, inci-
dents, 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 de-
crease risks to railroad safety. 
‘‘(2) REQUIRED
COMPONENTS.—Each railroad 
carrier’s safety risk reduction program shall include 
a risk mitigation plan in accordance with this sec-
tion, a technology implementation plan that meets the 
requirements of subsection (e), and a fatigue manage-
ment 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 subsection (a) shall develop, and periodically 
update as necessary, a 10-year technology implemen-
tation plan that describes the railroad carrier’s plan 
for development, adoption, implementation, mainte-
nance, 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 reduc-
tion program. Any updates to the plan are subject to 
review and approval by the Secretary. 
‘‘(2) TECHNOLOGY ANALYSIS.—A railroad car-
rier’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 posi-
tion monitors and indicators, trespasser prevention 
technology, highway-rail grade crossing technology, 
and other new or novel railroad safety technology, as 
appropriate, that may mitigate risks to railroad safe-
ty identified in the risk analysis required by sub-
section (c). 
‘‘(3) IMPLEMENTATION SCHEDULE.—A railroad 
carrier’s technology implementation plan shall con-
tain a prioritized implementation schedule for the de-
velopment, adoption, implementation, and use of cur-
rent, new, or novel technologies on its system to re-
duce safety risks identified under the railroad safety 
risk reduction program. 
‘‘(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 im-
plementation 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 sub-
mit such a plan implements a positive train 
control system pursuant to such plan by Decem-
ber 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 designed to reduce the fatigue experienced by safe-
ty-related railroad employees and to reduce the likeli-
hood of accidents, incidents, injuries, and fatalities 
caused by fatigue. 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 oper-
ations by the railroad on different parts of its system, 
and shall prescribe appropriate fatigue counter-
measures to address those varying circumstances. 
‘‘(3) ADDITIONAL ELEMENTS.—A railroad shall 
consider the need to include in its fatigue manage-
ment 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 miti-
gate the effects of fatigue, based on the most cur-
rent scientific and medical research and lit-
erature.
‘‘(B) Opportunities for identification, diag-
nosis, and treatment of any medical condition 
that may affect alertness or fatigue, including 
sleep disorders. 
‘‘(C) Effects on employee fatigue of an em-
ployee’s short-term or sustained response to 
emergency situations, such as derailments and 
natural disasters, or engagement in other inten-
sive working conditions. 
‘‘(D) Scheduling practices for employees, in-
cluding innovative scheduling practices, on-duty 
call practices, work and rest cycles, increased 
consecutive days off for employees, changes in 
shift patterns, appropriate scheduling practices 
for varying types of work, and other aspects of 
employee scheduling that would reduce employee 
fatigue and cumulative sleep loss. 
‘‘(E) Methods to minimize accidents and in-
cidents that occur as a result of working at times 
when scientific and medical research have shown 
increased 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 
quarters 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 em-
ploying railroad carrier or its managers, super-
visors, officers, or agents. 
‘‘(I) Avoidance of abrupt changes in rest cy-
cles for employees. 
‘‘(J) Additional elements that the Secretary 
considers appropriate. 
‘‘(g) CONSENSUS.— 
‘‘(1) IN
GENERAL.—Each railroad carrier re-
quired to submit a railroad safety risk reduction pro-
gram under subsection (a) shall consult with, employ 
good faith and use its best efforts to reach agreement 
with, all of its directly affected employees, including 
any non-profit employee labor organization rep-
resenting 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 non-
profit employee labor organization representing a
class or craft of directly affected employees of the rail-
road 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. 
‘‘(h) ENFORCEMENT.—The Secretary shall have the 
authority to assess civil penalties pursuant to chapter 213 
for a violation of this section, including the failure to sub-
mit, certify, or comply with a safety risk reduction pro-
gram, 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 
Improvement Act of 2008, each Class I railroad car-
rier and each entity providing regularly scheduled 
intercity or commuter rail passenger transportation 
shall develop and submit to the Secretary of Trans-
portation a plan for implementing a positive train 
control system by December 31, 2015, governing oper-
ations on— 
‘‘(A) its main line over which intercity rail 
passenger transportation or commuter rail pas-
senger transportation, as defined in section 
24102, is regularly provided; 
‘‘(B) its main line over which poison- or 
toxic-by-inhalation hazardous materials, as de-
fined in parts 171.8, 173.115, and 173.132 of 
title 49, Code of Federal Regulations, are trans-
ported; 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, imple-
ment the system in a manner that addresses areas of
greater risk before areas of lesser risk. The railroad 
carrier shall implement a positive train control sys-
tem in accordance with the plan. 
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary may 
provide technical assistance and guidance to railroad car-
riers 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 re-
view and approve or disapprove it. If the proposed plan 
is not approved, the Secretary shall notify the affected rail-
road carrier 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 fol-
lowing receipt of written notice from the Secretary. The Sec-
retary shall annually 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 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the progress of the railroad 
carriers in implementing such positive train control sys-
tems. 
‘‘(e) ENFORCEMENT.—The Secretary is authorized to 
assess civil penalties pursuant to chapter 213 for a viola-
tion of this section, including the failure to submit or com-
ply with a plan for implementing positive train control 
under subsection (a). 
‘‘(f) OTHER RAILROAD CARRIERS.—Nothing in this 
section restricts the discretion of the Secretary to require 
railroad 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 limits established in this section or section 20156. In 
exercising such discretion, the Secretary shall, at a min-
imum, consider the risk to railroad employees and the pub-
lic associated with the operations of the railroad carrier. 
‘‘(g) REGULATIONS.—The Secretary shall prescribe 
regulations or issue orders necessary to implement this sec-
tion, including regulations specifying in appropriate tech-
nical detail the essential functionalities of positive train 
control systems, 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 com-
ponent 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 re-
quirements 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, 
including 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 annually, except that— 
‘‘(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 transpor-
tation or commuter rail passenger transpor-
tation routes or segments over which limited or 
no freight railroad operations occur, the Sec-
retary shall define the term ‘main line’ by regu-
lation. 
‘‘(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 train control technologies, train control component tech-
nologies, processor-based technologies, electronically con-
trolled pneumatic brakes, rail integrity inspection systems, 
rail integrity warning systems, switch position indicators 
and monitors, remote control power switch technologies, 
track integrity circuit technologies, and other new or novel 
railroad safety technology. 
‘‘(b) GRANT CRITERIA.— 
‘‘(1) ELIGIBILITY.—Grants shall be made under 
this section to eligible passenger and freight railroad 
carriers, railroad suppliers, and State and local gov-
ernments for projects described in subsection (a) that 
have a public benefit of improved safety and network 
efficiency. 
‘‘(2) CONSIDERATIONS.—Priority shall be given 
to projects that— 
‘‘(A) focus on making technologies inter-
operable between railroad systems, such as train 
control technologies; 
‘‘(B) accelerate train control technology de-
ployment on high-risk corridors, such as those 
that have high volumes of hazardous materials 
shipments or over which commuter or passenger 
trains operate; or 
‘‘(C) benefit both passenger and freight safe-
ty 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 re-
quired by sections 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 pur-
suant to this section shall remain available until ex-
pended.’’. 
(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 
section 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-
ment unmet statutory mandates regarding railroad safety 
and each open railroad safety recommendation made by the 
National Transportation Safety Board or the Department’s 
Inspector General. 
SEC. 107. RULEMAKING PROCESS. 
(a) AMENDMENT.—Subchapter I of chapter 201 is 
amended by inserting after section 20115 the following new 
section: 
‘‘§ 20116. Rulemaking process 
‘‘No rule or order issued by the Secretary under this 
part shall be effective if it incorporates by reference a code,
rule, standard, requirement, or practice issued by an asso-
ciation or other entity that is not an agency of the Federal 
Government, unless the date on which the code, rule, stand-
ard, requirement, or practice was adopted is specifically 
cited in the rule or order, or the code, rule, standard, re-
quirement, or practice has been subject to notice and com-
ment under a rule or order issued under this part.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201 is amended by inserting after the item relat-
ing to section 20115 the following: 
‘‘20116. Rulemaking process.’’. 
SEC. 108. HOURS-OF-SERVICE REFORM. 
(a) CHANGE IN DEFINITION OF SIGNAL EMPLOYEE.— 
Section 21101(4) is amended by striking ‘‘employed by a 
railroad carrier’’. 
(b) LIMITATION ON DUTY HOURS OF TRAIN EMPLOY-
EES.—Section 21103 is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(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 transpor-
tation from a duty assignment to the place of final 
release, or be in any other mandatory service for the