‘‘(b) PROGRAM REQUIREMENTS.—In developing the 
regulations required by subsection (a), the Secretary may 
consider the requirements of section 20135(b) through (e).’’. 
(b) REPORT.—Not later than 6 months after promul-
gating regulations under section 20162 of title 49, United 
States Code, the Secretary shall issue a report to the Senate 
Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Transportation 
and Infrastructure about whether the certification of certain 
crafts or classes of railroad carrier or railroad carrier con-
tractor or subcontractor employees is necessary to reduce 
the number and rate of accidents and incidents or to im-
prove railroad safety. 
(c) CRAFTS AND CLASSES TO BE CONSIDERED.—As 
part of the report, the Secretary shall consider— 
(1) car repair and maintenance employees; 
(2) onboard service workers; 
(3) rail welders; 
(4) dispatchers; 
(5) signal repair and maintenance employees; 
and 
(6) any other craft or class of employees that the 
Secretary determines appropriate. 
(d) REGULATIONS.—The Secretary may prescribe reg-
ulations requiring the certification of certain crafts or class-
es of employees that the Secretary determines pursuant to 
the report required by paragraph (1) are necessary to re-
duce the number and rate of accidents and incidents or to 
improve railroad safety. 
(e) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 401 of this division, 
is amended by inserting after the item relating to section 
20162 the following: 
‘‘20163. Certification of train conductors.’’. 
SEC. 403. TRACK INSPECTION TIME STUDY. 
(a) STUDY.—Not later that 2 years after the date of 
enactment of this Act, the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report con-
taining the results of a study to determine whether— 
(1) the required intervals of track inspections for 
each class of track should be amended; 
(2) track remedial action requirements should be 
amended; 
(3) different track inspection and repair prior-
ities or methods should be required; and 
(4) the speed at which railroad track inspection 
vehicles operate and the scope of the territory they 
generally cover allow for proper inspection of the
track and whether such speed and appropriate scope 
should be regulated by the Secretary. 
(b) CONSIDERATIONS.—In conducting the study the 
Secretary shall consider— 
(1) the most current rail flaw, rail defect growth, 
rail fatigue, and other relevant track- or rail-related 
research and studies; 
(2) the availability and feasibility of developing 
and implementing new or novel rail inspection tech-
nology for routine track inspections; 
(3) information from National Transportation 
Safety Board or Federal Railroad Administration ac-
cident investigations where track defects were the 
cause or a contributing cause; and 
(4) other relevant information, as determined by 
the Secretary. 
(c) UPDATE OF REGULATIONS.—Not later than 2 years 
after the completion of the study required by subsection (a), 
the Secretary shall prescribe regulations based on the results 
of the study conducted under subsection (a). 
(d) CONCRETE CROSS TIES.—Not later than 18 
months after the date of enactment of this Act, the Secretary 
shall promulgate regulations for concrete cross ties. In de-
veloping the regulations for class 1 through 5 track, the Sec-
retary may address, as appropriate—
(1) limits for rail seat abrasion; 
(2) concrete cross tie pad wear limits; 
(3) missing or broken rail fasteners; 
(4) loss of appropriate toeload pressure; 
(5) improper fastener configurations; and 
(6) excessive lateral rail movement. 
SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT 
STATION PLATFORM GAPS. 
Not later than 2 years after the enactment of this Act, 
the Secretary shall complete a study to determine the most 
safe, efficient, and cost-effective way to improve the safety 
of rail passenger station platforms gaps in order to increase 
compliance with the requirements under the Americans 
with Disabilities Act (42 U.S.C. 12101 et seq.), including 
regulations issued pursuant to section 504 of such Act (42 
U.S.C. 12204) and to minimize the safety risks associated 
with such gaps for railroad passengers and employees. 
SEC. 405. LOCOMOTIVE CAB STUDIES. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, through the Rail-
road Safety Advisory Committee if the Secretary makes 
such a request, shall complete a study on the safety impact 
of the use of personal electronic devices, including cell 
phones, video games, and other distracting devices, by safe-
ty-related railroad employees (as defined in section
20102(4) of title 49, United States Code), during the per-
formance of such employees’ duties. The study shall consider 
the prevalence of the use of such devices. 
(b) LOCOMOTIVE CAB ENVIRONMENT.—The Secretary 
may also study other elements of the locomotive cab environ-
ment and their effect on an employee’s health and safety. 
(c) REPORT.—Not later than 6 months after the com-
pletion of any study under this section, the Secretary shall 
issue a report on the study to the Senate Committee on 
Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infra-
structure. 
(d) AUTHORITY.—Based on the conclusions of the 
study required under (a), the Secretary of Transportation 
may prohibit the use of personal electronic devices, such as 
cell phones, video games, or other electronic devices that 
may distract employees from safely performing their duties, 
unless those devices are being used according to railroad 
operating rules or for other work purposes. Based on the 
conclusions of other studies conducted under subsection (b), 
the Secretary may prescribe regulations to improve ele-
ments of the cab environment to protect an employee’s 
health and safety.
SEC. 406. DEVELOPMENT AND USE OF RAIL SAFETY TECH-
NOLOGY. 
(a) IN GENERAL.—Subchapter II of chapter 201, as 
amended by section 402 of this division, is further amended 
by adding at the end the following new section: 
‘‘§ 20164. Development and use of rail safety tech-
nology 
‘‘(a) IN GENERAL.—Not later than 1 year after enact-
ment of the Railroad Safety Enhancement Act of 2008, the 
Secretary of Transportation shall prescribe standards, 
guidance, regulations, or orders governing the development, 
use, and implementation of rail safety technology in dark 
territory, in arrangements not defined in section 20501 or 
otherwise not covered by Federal standards, guidance, regu-
lations, or orders that ensure the safe operation of such tech-
nology, such as— 
‘‘(1) switch position monitoring devices or indi-
cators; 
‘‘(2) radio, remote control, or other power-as-
sisted switches; 
‘‘(3) hot box, high water, or earthquake detectors; 
‘‘(4) remote control locomotive zone limiting de-
vices; 
‘‘(5) slide fences; 
‘‘(6) grade crossing video monitors; 
‘‘(7) track integrity warning systems; or
‘‘(8) other similar rail safety technologies, as de-
termined by the Secretary. 
‘‘(b) DARK TERRITORY DEFINED.—In this section, the 
term ‘dark territory’ means any territory in a railroad sys-
tem that does not have a signal or train control system in-
stalled or operational.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 402 of this division, 
is amended by inserting after the item relating to section 
20163 the following: 
‘‘20164. Development and use of rail safety technology.’’. 
SEC. 407. UNIFIED TREATMENT OF FAMILIES OF RAILROAD 
CARRIERS. 
Section 20102(3), as redesignated by section 2(b) of 
this division, is amended to read as follows: 
‘‘(3) ‘railroad carrier’ means a person providing 
railroad transportation, except that, upon petition by 
a group of commonly controlled railroad carriers that 
the Secretary determines is operating within the 
United States as a single, integrated rail system, the 
Secretary may by order treat the group of railroad 
carriers as a single railroad carrier for purposes of 
one or more provisions of part A, subtitle V of this 
title and implementing regulations and order, subject 
to any appropriate conditions that the Secretary may 
impose.’’.
SEC. 408. STUDY OF REPEAL OF CONRAIL PROVISION. 
Not later than 1 year after the date of enactment of 
this Act, the Secretary shall complete a study of the impacts 
of repealing section 711 of the Regional Rail Reorganiza-
tion Act of 1973 (45 U.S.C. 797j). Not later than 6 months 
after completing the study, the Secretary shall transmit a 
report with the Secretary’s findings, conclusions, and rec-
ommendations to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representa-
tives Committee on Transportation and Infrastructure. 
SEC. 409. LIMITATIONS ON NON-FEDERAL ALCOHOL AND 
DRUG TESTING BY RAILROAD CARRIERS. 
(a) IN GENERAL.—Chapter 201, as amended by sec-
tion 406 of this division, is further amended by adding at 
the end the following: 
‘‘§ 20165. Limitations on non-Federal alcohol and 
drug testing 
‘‘(a) TESTING REQUIREMENTS.—Any non-Federal al-
cohol and drug testing program of a railroad carrier must 
provide that all post-employment tests of the specimens of 
employees who are subject to both the program and chapter 
211 of this title be conducted using a scientifically recog-
nized method of testing capable of determining the presence 
of the specific analyte at a level above the cut-off level estab-
lished by the carrier.
‘‘(b) REDRESS PROCESS.—Each railroad carrier that 
has a non-Federal alcohol and drug testing program must 
provide a redress process to its employees who are subject 
to both the alcohol and drug testing program and chapter 
211 of this title for such an employee to petition for and 
receive a carrier hearing to review his or her specimen test 
results that were determined to be in violation of the pro-
gram. A dispute or grievance raised by a railroad carrier 
or its employee, except a probationary employee, in connec-
tion with the carrier’s alcohol and drug testing program 
and the application of this section is subject to resolution 
under section 3 of the Railway Labor Act (45 U.S.C. 153).’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 406 of this division, 
is further amended by inserting after the item relating to 
section 20164 the following: 
‘‘20165. Limitations on non-Federal alcohol and drug testing by railroad car-
riers.’’. 
SEC. 410. CRITICAL INCIDENT STRESS PLAN. 
(a) IN GENERAL.—The Secretary of Transportation, 
in consultation with the Secretary of Labor and the Sec-
retary of Health and Human Services, as appropriate, shall 
require each Class I railroad carrier, each intercity pas-
senger railroad carrier, and each commuter railroad carrier 
to develop and submit for approval to the Secretary a crit-
ical incident stress plan that provides for debriefing, coun-
seling, guidance, and other appropriate support services to 
be offered to an employee affected by a critical incident. 
(b) PLAN REQUIREMENTS.—Each such plan shall in-
clude provisions for— 
(1) relieving an employee who was involved in a 
critical incident of his or her duties for the balance 
of the duty tour, following any actions necessary for 
the safety of persons and contemporaneous docu-
mentation of the incident; 
(2) upon the employee’s request, relieving an em-
ployee who witnessed a critical incident of his or her 
duties following any actions necessary for the safety 
of persons and contemporaneous documentation of the 
incident; and 
(3) providing such leave from normal duties as 
may be necessary and reasonable to receive preventive 
services, treatment, or both, related to the incident. 
(c) SECRETARY TO DEFINE WHAT CONSTITUTES A 
CRITICAL INCIDENT.—Within 30 days after the date of en-
actment of this Act, the Secretary shall initiate a rule-
making proceeding to define the term ‘‘critical incident’’ 
for the purposes of this section.
100 
SEC. 411. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RA-
DIATION STUDY. 
(a) STUDY.—The Secretary of Transportation shall, in 
consultation with the Secretary of Energy, the Secretary of 
Labor, the Administrator of the Environmental Protection 
Agency, and the Chairman of the Nuclear Regulatory Com-
mission, as appropriate, conduct a study of the potential 
hazards to which employees of railroad carriers and rail-
road contractors or subcontractors are exposed during the 
transportation of high-level radioactive waste and spent nu-
clear fuel (as defined in section 5101(a) of title 49, United 
States Code), supplementing the report submitted under sec-
tion 5101(b) of that title, which may include— 
(1) an analysis of the potential application of 
‘‘as low as reasonably achievable’’ principles for expo-
sure to radiation to such employees with an emphasis 
on the need for special protection from radiation ex-
posure for such employees during the first trimester of 
pregnancy or who are undergoing or have recently 
undergone radiation therapy; 
(2) the feasibility of requiring real-time dosim-
etry monitoring for such employees; 
(3) the feasibility of requiring routine radiation 
exposure monitoring in fixed railroad locations, such 
as yards and repair facilities; and
101 
(4) a review of the effectiveness of the Depart-
ment’s packaging requirements for radioactive mate-
rials. 
(b) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Secretary of Transportation 
shall transmit a report on the results of the study required 
by subsection (a) and any recommendations to further pro-
tect employees of a railroad carrier or of a contractor or 
subcontractor to a railroad carrier from unsafe exposure to 
radiation during the transportation of high-level radio-
active waste and spent nuclear fuel to the Senate Committee 
on Commerce, Science, and Transportation and the House 
of Representatives Committee on Transportation and Infra-
structure. 
(c) REGULATORY
AUTHORITY.—The Secretary of 
Transportation may issue regulations that the Secretary de-
termines appropriate, pursuant to the report required by 
subsection (b), to protect railroad employees from unsafe ex-
posure to radiation during the transportation of radioactive 
materials. 
SEC. 412. ALCOHOL AND CONTROLLED SUBSTANCE TEST-
ING FOR MAINTENANCE-OF-WAY EMPLOYEES. 
Not later than 2 years following the date of enactment 
of this Act, the Secretary of Transportation shall complete 
a rulemaking proceeding to revise the regulations prescribed
102 
under section 20140 of title 49, United States Code, to cover 
all employees of railroad carriers and contractors or sub-
contractors to railroad carriers who perform maintenance- 
of-way activities. 
SEC. 413. EMERGENCY ESCAPE BREATHING APPARATUS. 
(a) AMENDMENT.—Subchapter II of chapter 201, as 
amended by section 409 of this division, is further amended 
by adding at the end the following new section: 
‘‘§ 20166. Emergency escape breathing apparatus 
‘‘Not later than 18 months after the date of enactment 
of the Rail Safety Improvement Act of 2008, the Secretary 
of Transportation shall prescribe regulations that require 
railroad carriers— 
‘‘(1) to provide emergency escape breathing ap-
paratus suitable to provide head and neck coverage 
with respiratory protection for all crewmembers in lo-
comotive cabs on freight trains carrying hazardous 
materials that would pose an inhalation hazard in 
the event of release; 
‘‘(2) to provide convenient storage in each freight 
train locomotive to enable crewmembers to access such 
apparatus quickly; 
‘‘(3) to maintain such equipment in proper 
working condition; and
103 
‘‘(4) to provide their crewmembers with appro-
priate training for using the breathing apparatus.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 409 of this division, 
is amended by inserting after the item relating to section 
20165 the following: 
‘‘20166. Emergency escape breathing apparatus.’’. 
SEC. 414. TUNNEL INFORMATION. 
Not later than 120 days after the date of enactment 
of this Act, each railroad carrier shall, with respect to each 
of its tunnels which— 
(1) are longer than 1000 feet and located under 
a city with a population of 400,000 or greater; or 
(2) carry 5 or more scheduled passenger trains 
per day, or 500 or more carloads of 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) per year, 
maintain, for at least two years, historical documentation 
of structural inspection and maintenance activities for such 
tunnels, including information on the methods of ingress 
and egress into and out of the tunnel, the types of cargos 
typically transported through the tunnel, and schematics or 
blueprints for the tunnel, when available. Upon request, a 
railroad carrier shall provide periodic briefings on such in-
formation to the governments of the local jurisdiction in
104 
which the tunnel is located, including updates whenever a 
repair or rehabilitation project substantially alters the 
methods of ingress and egress. Such governments shall use 
appropriate means to protect and restrict the distribution 
of any security sensitive information (as defined in part 
1520.5 of title 49, Code of Federal Regulations) provided 
by the railroad carrier under this section, consistent with 
national security interests. 
SEC. 415. MUSEUM LOCOMOTIVE STUDY. 
(a) STUDY.—The Secretary shall conduct a study of 
the requirements relating to safety inspections of diesel-elec-
tric locomotives and equipment that are operated in limited 
service by railroad-related museums, historical societies, 
and tourist or scenic railroads. The study shall include an 
analysis of the safety consequences of requiring less frequent 
inspections of such locomotives and equipment, including 
periodic inspections or inspections based on service days 
and air brake inspections. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall transmit a re-
port on the results of the study conducted under subsection 
(a) to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate.
105 
SEC. 416. SAFETY INSPECTIONS IN MEXICO. 
Mechanical and brake inspections of rail cars per-
formed in Mexico shall not be treated as satisfying United 
States rail safety laws or regulations unless the Secretary 
of Transportation certifies that— 
(1) such inspections are being performed under 
regulations and standards equivalent to those appli-
cable in the United States; 
(2) the inspections are being performed by em-
ployees that have received training similar to the 
training received by similar railroad employees in the 
United States; 
(3) inspection records that are required to be 
available to the crewmembers on board the train, in-
cluding air slips and blue cards, are maintained in 
both English and Spanish, and such records are 
available to the Federal Railroad Administration for 
review; and 
(4) the Federal Railroad Administration is per-
mitted to perform onsite inspections for the purpose 
of ensuring compliance with the requirements of this 
subsection. 
SEC. 417. RAILROAD BRIDGE SAFETY ASSURANCE. 
(a) IN GENERAL.—Not later than 12 months after the 
date of enactment of this Act, the Secretary shall promul-
gate a regulation requiring owners of track carried on one
106 
or more railroad bridges to adopt a bridge safety manage-
ment program to prevent the deterioration of railroad 
bridges and reduce the risk of human casualties, environ-
mental damage, and disruption to the Nation’s railroad 
transportation system that would result from a catastrophic 
bridge failure. 
(b) REQUIREMENTS.—The regulations shall, at a min-
imum, require each track owner to— 
(1) to develop and maintain an accurate inven-
tory of its railroad bridges, which shall identify the 
location of each bridge, its configuration, type of con-
struction, number of spans, span lengths, and all 
other information necessary to provide for the safe 
management of the bridges; 
(2) to ensure that a professional engineer com-
petent in the field of railroad bridge engineering, or 
a qualified person under the supervision of the track 
owner, determines bridge capacity; 
(3) to maintain, and update as appropriate, a 
record of the safe capacity of each bridge which car-
ries its track and, if available, maintain the original 
design documents of each bridge and a documentation 
of all repairs, modifications, and inspections of the 
bridge;
107 
(4) to develop, maintain, and enforce a written 
procedure that will ensure that its bridges are not 
loaded beyond their capacities; 
(5) to conduct regular comprehensive inspections 
of each bridge, at least once every year, and maintain 
records of those inspections that include the date on 
which the inspection was performed, the precise iden-
tification of the bridge inspected, the items inspected, 
an accurate description of the condition of those 
items, and a narrative of any inspection item that is 
found by the inspector to be a potential problem; 
(6) to ensure that the level of detail and the in-
spection procedures are appropriate to the configura-
tion of the bridge, conditions found during previous 
inspections, and the nature of the railroad traffic 
moved over the bridge, including car weights, train 
frequency and length, levels of passenger and haz-
ardous materials traffic, and vulnerability of the 
bridge to damage; 
(7) to ensure that an engineer who is competent 
in the field of railroad bridge engineering— 
(A) is responsible for the development of all 
inspection procedures; 
(B) reviews all inspection reports; and
108 
(C) determines whether bridges are being 
inspected according to the applicable procedures 
and frequency, and reviews any items noted by 
an inspector as exceptions; and 
(8) to designate qualified bridge inspectors or 
maintenance personnel to authorize the operation of 
trains on bridges following repairs, damage, or indi-
cations of potential structural problems. 
(c) USE OF BRIDGE MANAGEMENT PROGRAMS RE-
QUIRED.—The Secretary shall instruct bridge experts to ob-
tain copies of the most recent bridge management programs 
of each railroad within the expert’s areas of responsibility, 
and require that experts use those programs when con-
ducting bridge observations. 
(d) REVIEW OF DATA.—The Secretary shall establish 
a program to periodically review bridge inspection and 
maintenance data from railroad carrier bridge inspectors 
and Federal Railroad Administration bridge experts. 
SEC. 418. RAILROAD SAFETY INFRASTRUCTURE IMPROVE-
MENT GRANTS. 
(a) IN GENERAL.—Subchapter II of chapter 201, as 
amended by section 413 of this division, is further amended 
by adding at the end thereof the following:
109 
‘‘§ 20167. Railroad safety infrastructure improvement 
grants 
‘‘(a) GRANT PROGRAM.—The Secretary of Transpor-
tation shall establish a grant program for safety improve-
ments to railroad infrastructure, including the acquisition, 
improvement, or rehabilitation of intermodal or rail equip-
ment or facilities, including track, bridges, tunnels, yards, 
buildings, passenger stations, facilities, and maintenance 
and repair shops. 
‘‘(b) ELIGIBILITY.—Grants shall be made under this 
section to eligible passenger and freight railroad carriers, 
and State and local governments for projects described in 
subsection (a). Grants shall also be made available to assist 
a State or political subdivision thereof in establishing a 
quiet zone pursuant to part 222 of title 49, Code of Federal 
Regulations. 
‘‘(c) CONSIDERATIONS.—In awarding grants, the Sec-
retary shall consider, at a minimum— 
‘‘(1) the age and condition of the rail infrastruc-
ture of the applicant; 
‘‘(2) the railroad carrier’s safety record, includ-
ing accident and incident numbers and rates; 
‘‘(3) the volume of hazardous materials trans-
ported by the railroad; 
‘‘(4) the operation of passenger trains over the 
railroad; and
110 
‘‘(5) whether the railroad carrier has submitted 
a railroad safety risk reduction program, as required 
by section 20156. 
‘‘(d) MATCHING REQUIREMENTS.—Federal funds for 
any eligible project under this section shall not exceed 50 
percent of the total cost of such project. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Transpor-
tation $5,000,000 for each of fiscal years 2010 through 2013 
to carry out this section. Amounts appropriated pursuant 
to this subsection shall remain available until expended.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 201, as amended by section 413 of this division, 
is amended by inserting after the item relating to section 
20166 the following: 
‘‘20167. Railroad safety infrastructure improvement grants.’’. 
SEC. 419. PROMPT MEDICAL ATTENTION. 
(a) IN GENERAL.—Section 20109 is amended— 
(1) by redesignating subsections (c) through (i) 
as subsections (d) through (j), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) PROMPT MEDICAL ATTENTION.— 
‘‘(1) PROHIBITION.—A railroad carrier or per-
son covered under this section may not deny, delay, 
or interfere with the medical or first aid treatment of
111 
an employee who is injured during the course of em-
ployment. If transportation to a hospital is requested 
by an employee who is injured during the course of 
employment, the railroad shall promptly arrange to 
have the injured employee transported to the nearest 
hospital where the employee can receive safe and ap-
propriate medical care. 
‘‘(2) DISCIPLINE.—A railroad carrier or person 
covered under this section may not discipline, or 
threaten discipline to, an employee for requesting 
medical or first aid treatment, or for following orders 
or a treatment plan of a treating physician, except 
that a railroad carrier’s refusal to permit an em-
ployee to return to work following medical treatment 
shall not be considered a violation of this section if 
the refusal is pursuant to Federal Railroad Adminis-
tration medical standards for fitness of duty or, if 
there are no pertinent Federal Railroad Administra-
tion standards, a carrier’s medical standards for fit-
ness for duty. For purposes of this paragraph, the 
term ‘discipline’ means to bring charges against a 
person in a disciplinary proceeding, suspend, termi-
nate, place on probation, or make note of reprimand 
on an employee’s record.’’.
112 
(b) CONFORMING AMENDMENTS.—Section 20109 is 
amended— 
(1) in subsection (d), as redesignated by sub-
section (a) of this section— 
(A) by striking ‘‘(a) or (b)’’ in paragraph 
(1) and inserting ‘‘(a), (b), or (c)’’; 
(B) by striking ‘‘(c)(1)’’ in paragraph 
(2)(A)(i) and inserting ‘‘(d)(1)’’; 
(C) by striking ‘‘(a) or (b)’’ in paragraph 
(2)(A)(ii) and inserting ‘‘(a), (b), or (c)’’; and 
(2) in subsection (e), as so redesignated— 
(A) by striking ‘‘(c)’’ in paragraph (1) and 
inserting ‘‘(d)’’; 
(B) by striking ‘‘(c)’’ in paragraph (2) and 
inserting ‘‘(d)’’; 
(C) by striking ‘‘(c)(3)’’ in paragraph (2) 
and inserting ‘‘(d)(3)’’; and 
(D) by striking ‘‘(c)’’ in paragraph (3) and 
inserting ‘‘(d)’’. 
SEC. 420. EMPLOYEE SLEEPING QUARTERS. 
Section 21106 is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘A 
railroad carrier’’; 
(2) by striking ‘‘sanitary and give those employ-
ees and individuals an opportunity for rest free from
113 
the interruptions caused by noise under the control of 
the carrier;’’ in paragraph (1) and inserting ‘‘sani-
tary, give those employees and individuals an oppor-
tunity for rest free from the interruptions caused by 
noise under the control of the carrier, and provide in-
door toilet facilities, potable water, and other features 
to protect the health of employees;’’; and 
(3) by adding at the end the following: 
‘‘(b) CAMP CARS.—Not later than December 31, 2009, 
any railroad carrier that uses camp cars shall fully retrofit 
or replace such cars in compliance with subsection (a). 
‘‘(c) REGULATIONS.—Not later than April 1, 2010, the 
Secretary of Transportation, in coordination with the Sec-
retary of Labor, shall prescribe regulations to implement 
subsection (a)(1) to protect the safety and health of any em-
ployees and individuals employed to maintain the right of 
way of a railroad carrier that uses camp cars, which shall 
require that all camp cars comply with those regulations 
by December 31, 2010. In prescribing the regulations, the 
Secretary shall assess the action taken by any railroad car-
rier to fully retrofit or replace its camp cars pursuant to 
this section. 
‘‘(d) COMPLIANCE
AND ENFORCEMENT.—The Sec-
retary shall determine whether a railroad carrier has fully 
retrofitted or replaced a camp car pursuant to subsection
114 
(b) and shall prohibit the use of any non-compliant camp 
car. The Secretary may assess civil penalties pursuant to 
chapter 213 for violations of this section.’’. 
TITLE V—RAIL PASSENGER 
DISASTER FAMILY ASSISTANCE 
SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION 
SAFETY BOARD TO FAMILIES OF PASSENGERS 
INVOLVED IN RAIL PASSENGER ACCIDENTS. 
(a) IN GENERAL.—Chapter 11 is amended by adding 
at the end of subchapter III the following: 
‘‘§ 1139. Assistance to families of passengers involved 
in rail passenger accidents 
‘‘(a) IN GENERAL.—As soon as practicable after being 
notified of a rail passenger accident within the United 
States involving a rail passenger carrier and resulting in 
a major loss of life, the Chairman of the National Transpor-
tation Safety Board shall— 
‘‘(1) designate and publicize the name and phone 
number of a director of family support services who 
shall be an employee of the Board and shall be re-
sponsible for acting as a point of contact within the 
Federal Government for the families of passengers in-
volved in the accident and a liaison between the rail 
passenger carrier and the families; and
115 
‘‘(2) designate an independent nonprofit organi-
zation, with experience in disasters and post trauma 
communication with families, which shall have pri-
mary responsibility for coordinating the emotional 
care and support of the families of passengers in-
volved in the accident. 
‘‘(b) RESPONSIBILITIES OF THE BOARD.—The Board 
shall have primary Federal responsibility for— 
‘‘(1) facilitating the recovery and identification 
of fatally injured passengers involved in an accident 
described in subsection (a); and 
‘‘(2) communicating with the families of pas-
sengers involved in the accident as to the roles, with 
respect to the accident and the post-accident activi-
ties, of— 
‘‘(A) the organization designated for an ac-
cident under subsection (a)(2); 
‘‘(B) Government agencies; and 
‘‘(C) the rail passenger carrier involved. 
‘‘(c) RESPONSIBILITIES OF DESIGNATED ORGANIZA-
TION.—The organization designated for an accident under 
subsection (a)(2) shall have the following responsibilities 
with respect to the families of passengers involved in the 
accident:
116 
‘‘(1) To provide mental health and counseling 
services, in coordination with the disaster response 
team of the rail passenger carrier involved. 
‘‘(2) To take such actions as may be necessary 
to provide an environment in which the families may 
grieve in private. 
‘‘(3) To meet with the families who have traveled 
to the location of the accident, to contact the families 
unable to travel to such location, and to contact all 
affected families periodically thereafter until such 
time as the organization, in consultation with the di-
rector of family support services designated for the ac-
cident under subsection (a)(1), determines that fur-
ther assistance is no longer needed. 
‘‘(4) To arrange a suitable memorial service, in 
consultation with the families. 
‘‘(d) PASSENGER LISTS.— 
‘‘(1) REQUESTS FOR PASSENGER LISTS.— 
‘‘(A) REQUESTS BY DIRECTOR OF FAMILY 
SUPPORT
SERVICES.—It shall be the responsi-
bility of the director of family support services 
designated for an accident under subsection 
(a)(1) to request, as soon as practicable, from the 
rail passenger carrier involved in the accident a 
list, which is based on the best available infor-
117 
mation at the time of the request, of the names 
of the passengers that were aboard the rail pas-
senger carrier’s train involved in the accident. A 
rail passenger carrier shall use reasonable efforts, 
with respect to its unreserved trains, and pas-
sengers not holding reservations on its other 
trains, to ascertain the names of passengers 
aboard a train involved in an accident. 
‘‘(B) REQUESTS BY DESIGNATED ORGANIZA-
TION.—The organization designated for an acci-
dent under subsection (a)(2) may request from 
the rail passenger carrier involved in the acci-
dent a list described in subparagraph (A). 
‘‘(2) USE OF INFORMATION.—Except as provided 
in subsection (k), the director of family support serv-
ices and the organization may not release to any per-
son information on a list obtained under paragraph 
(1) but may provide information on the list about a 
passenger to the family of the passenger to the extent 
that the director of family support services or the or-
ganization considers appropriate. 
‘‘(e) 
CONTINUING
RESPONSIBILITIES
OF
THE 
BOARD.—In the course of its investigation of an accident 
described in subsection (a), the Board shall, to the max-
118 
imum extent practicable, ensure that the families of pas-
sengers involved in the accident— 
‘‘(1) are briefed, prior to any public briefing, 
about the accident and any other findings from the 
investigation; and 
‘‘(2) are individually informed of and allowed to 
attend any public hearings and meetings of the Board 
about the accident. 
‘‘(f) USE
OF
RAIL
PASSENGER
CARRIER
RE-
SOURCES.—To the extent practicable, the organization des-
ignated for an accident under subsection (a)(2) shall coordi-
nate its activities with the rail passenger carrier involved 
in the accident to facilitate the reasonable use of the re-
sources of the carrier. 
‘‘(g) PROHIBITED ACTIONS.— 
‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No per-
son (including a State or political subdivision there-
of) may impede the ability of the Board (including 
the director of family support services designated for 
an accident under subsection (a)(1)), or an organiza-
tion designated for an accident under subsection 
(a)(2), to carry out its responsibilities under this sec-
tion or the ability of the families of passengers in-
volved in the accident to have contact with one an-
other.
119 
‘‘(2) UNSOLICITED COMMUNICATIONS.—No unso-
licited communication concerning a potential action 
or settlement offer for personal injury or wrongful 
death may be made by an attorney (including any 
associate, agent, employee, or other representative of 
an attorney) or any potential party to the litigation, 
including the railroad carrier or rail passenger car-
rier, to an individual (other than an employee of the 
rail passenger carrier) injured in the accident, or to 
a relative of an individual involved in the accident, 
before the 45th day following the date of the accident. 
‘‘(3) PROHIBITION
ON
ACTIONS
TO
PREVENT 
MENTAL
HEALTH
AND
COUNSELING
SERVICES.—No 
State or political subdivision thereof may prevent the 
employees, agents, or volunteers of an organization 
designated for an accident under subsection (a)(2) 
from providing mental health and counseling services 
under subsection (c)(1) in the 30-day period begin-
ning on the date of the accident. The director of fam-
ily support services designated for the accident under 
subsection (a)(1) may extend such period for not to 
exceed an additional 30 days if the director deter-
mines that the extension is necessary to meet the 
needs of the families and if State and local authori-
ties are notified of the determination.
120 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) RAIL
PASSENGER
ACCIDENT.—The term 
‘rail passenger accident’ means any rail passenger 
disaster resulting in a major loss of life occurring in 
the provision of— 
‘‘(A) interstate intercity rail passenger 
transportation (as such term is defined in sec-
tion 24102); or 
‘‘(B) interstate or intrastate high-speed rail 
(as such term is defined in section 26105) trans-
portation, 
regardless of its cause or suspected cause. 
‘‘(2) RAIL PASSENGER CARRIER.—The term ‘rail 
passenger carrier’ means a rail carrier providing— 
‘‘(A) interstate intercity rail passenger 
transportation (as such term is defined in sec-
tion 24102); or 
‘‘(B) interstate or intrastate high-speed rail 
(as such term is defined in section 26105) trans-
portation, 
except that such term does not include a tourist, his-
toric, scenic, or excursion rail carrier. 
‘‘(3) PASSENGER.—The term ‘passenger’ in-
cludes—
121 
‘‘(A) an employee of a rail passenger car-
rier aboard a train; 
‘‘(B) any other person aboard the train 
without regard to whether the person paid for the 
transportation, occupied a seat, or held a res-
ervation for the rail transportation; and 
‘‘(C) any other person injured or killed in 
a rail passenger accident, as determined appro-
priate by the Board. 
‘‘(i) LIMITATION
ON STATUTORY CONSTRUCTION.— 
Nothing in this section may be construed as limiting the 
actions that a rail passenger carrier may take, or the obli-
gations that a rail passenger carrier may have, in pro-
viding assistance to the families of passengers involved in 
a rail passenger accident. 
‘‘(j) 
RELINQUISHMENT
OF
INVESTIGATIVE
PRI-
ORITY.— 
‘‘(1) GENERAL RULE.—This section (other than 
subsection (g)) shall not apply to a railroad passenger 
accident if the Board has relinquished investigative 
priority under section 1131(a)(2)(B) and the Federal 
agency to which the Board relinquished investigative 
priority is willing and able to provide assistance to 
the victims and families of the passengers involved in 
the accident.
122 
‘‘(2) BOARD ASSISTANCE.—If this section does 
not apply to a railroad passenger accident because the 
Board has relinquished investigative priority with re-
spect to the accident, the Board shall assist, to the 
maximum extent possible, the agency to which the 
Board has relinquished investigative priority in as-
sisting families with respect to the accident. 
‘‘(k) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to abridge the authority of the Board or the 
Secretary of Transportation to investigate the causes or cir-
cumstances of any rail accident, including development of 
information regarding the nature of injuries sustained and 
the manner in which they were sustained for the purposes 
of determining compliance with existing laws and regula-
tions or for identifying means of preventing similar inju-
ries in the future, or both.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 11 is amended by inserting after the item relat-
ing to section 1138 the following: 
‘‘1139. Assistance to families of passengers involved in rail passenger accidents.’’. 
SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMI-
LIES OF PASSENGERS INVOLVED IN RAIL PAS-
SENGER ACCIDENTS. 
(a) IN GENERAL.—Chapter 243 is amended by adding 
at the end the following:
123 
‘‘§ 24316. Plans to address needs of families of pas-
sengers involved in rail passenger acci-
dents 
‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months 
after the date of the enactment of the Rail Safety Improve-
ment Act of 2008, a rail passenger carrier shall submit to 
the Chairman of the National Transportation Safety 
Board, the Secretary of Transportation, and the Secretary 
of Homeland Security a plan for addressing the needs of 
the families of passengers involved in any rail passenger 
accident involving a rail passenger carrier intercity train 
and resulting in a major loss of life. 
‘‘(b) CONTENTS OF PLANS.—A plan to be submitted 
by a rail passenger carrier under subsection (a) shall in-
clude, at a minimum, the following: 
‘‘(1) A process by which a rail passenger carrier 
will maintain and provide to the National Transpor-
tation Safety Board, the Secretary of Transportation, 
and the Secretary of Homeland Security immediately 
upon request, a list (which is based on the best avail-
able information at the time of the request) of the 
names of the passengers aboard the train (whether or 
not such names have been verified), and will periodi-
cally update the list. The plan shall include a proce-
dure, with respect to unreserved trains and passengers 
not holding reservations on other trains, for the rail
124 
passenger carrier to use reasonable efforts to ascertain 
the names of passengers aboard a train involved in 
an accident. 
‘‘(2) A process for notifying the families of the 
passengers, before providing any public notice of the 
names of the passengers, either by utilizing the serv-
ices of the organization designated for the accident 
under section 1139(a)(2) of this title or the services 
of other suitably trained individuals. 
‘‘(3) A plan for creating and publicizing a reli-
able, toll-free telephone number within 4 hours after 
such an accident occurs, and for providing staff, to 
handle calls from the families of the passengers. 
‘‘(4) A process for providing the notice described 
in paragraph (2) to the family of a passenger as soon 
as the rail passenger carrier has verified that the pas-
senger was aboard the train (whether or not the 
names of all of the passengers have been verified). 
‘‘(5) An assurance that, upon request of the fam-
ily of a passenger, the rail passenger carrier will in-
form the family of whether the passenger’s name ap-
peared on any preliminary passenger manifest for the 
train involved in the accident. 
‘‘(6) A process by which the family of each pas-
senger will be consulted about the disposition of all
125 
remains and personal effects of the passenger within 
the control of the rail passenger carrier and by which 
any possession of the passenger within the control of 
the rail passenger carrier (regardless of its condi-
tion)— 
‘‘(A) will be retained by the rail passenger 
carrier for at least 18 months; and 
‘‘(B) will be returned to the family unless 
the possession is needed for the accident inves-
tigation or any criminal investigation. 
‘‘(7) A process by which the treatment of the 
families of nonrevenue passengers will be the same as 
the treatment of the families of revenue passengers. 
‘‘(8) An assurance that the rail passenger carrier 
will provide adequate training to the employees and 
agents of the carrier to meet the needs of survivors 
and family members following an accident. 
‘‘(9) An assurance that the family of each pas-
senger or other person killed in the accident will be 
consulted about construction by the rail passenger 
carrier of any monument to the passengers, including 
any inscription on the monument. 
‘‘(10) An assurance that the rail passenger car-
rier will work with any organization designated 
under section 1139(a)(2) of this title on an ongoing