In the House of Representatives, U. S., 
September 24, 2008. 
Resolved, That the House agree to the amendment of the 
Senate to the bill (H.R. 2095) entitled ‘‘An Act to amend 
title 49, United States Code, to prevent railroad fatalities, in-
juries, and hazardous materials releases, to authorize the 
Federal Railroad Safety Administration, and for other pur-
poses.’’, with the following 
HOUSE AMENDMENT TO SENATE AMENDMENT: 
In lieu of the matter proposed to be inserted by the 
amendment of the Senate, 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. 
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 highway- 
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. 
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 pas-
sengers 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 
expressly provided, whenever in this division an amend-
ment or repeal is expressed in terms of an amendment to, 
or a repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provi-
sion of title 49, United States Code. 
SEC. 2. DEFINITIONS. 
(a) IN GENERAL.—In this division: 
(1) CROSSING.—The term ‘‘crossing’’ means a lo-
cation within a State, other than a location where 
one or more railroad tracks cross one or more rail-
road tracks at grade where— 
(A) a public highway, road, or street, or a 
private 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, in-
cluding pedestrians, 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-sepa-
rated. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Transportation. 
(3) RAILROAD.—The term ‘‘railroad’’ has the 
meaning given that term by section 20102 of title 49, 
United States Code. 
(4) RAILROAD
CARRIER.—The term ‘‘railroad 
carrier’’ 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. 
(6) STATE.—The term ‘‘State’’ means a State of 
the United States, the District of Columbia, or the 
Commonwealth 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 
annual carrier operating revenues that meet the 
threshold amount for Class I carriers, Class II car-
riers, and Class III carriers, respectively, as deter-
mined by the Surface Transportation Board under 
section 1201.1-1 of title 49, Code of Federal Regula-
tions.’’; 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; 
‘‘(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