In the Senate of the United States,
August 1, 2008.
Resolved, That the bill from the House of Representa-
tives (H.R. 2095) entitled ‘‘An Act to amend title 49, United
States Code, to prevent railroad fatalities, injuries, and haz-
ardous materials releases, to authorize the Federal Railroad
Safety Administration, and for other purposes.’’, do pass with
the following
AMENDMENT:
Strike out all after the enacting clause and insert
the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMEND-
MENT OF TITLE 49.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Railroad Safety Enhancement Act of 2008’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act 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 RISK REDUCTION AND STRATEGY
†
HR 2095 EAS
Sec. 101. Establishment of chief safety officer.
Sec. 102. Railroad safety strategy.
Sec. 103. Railroad safety risk reduction pilot program.
Sec. 104. Railroad safety risk reduction program.
Sec. 105. Positive train control system implementation.
Sec. 106. Hours-of-service reform.
Sec. 107. Protection of railroad safety risk analyses information.
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 crossing safety.
Sec. 209. Fostering introduction of new technology to improve safety at high-
way-rail grade crossings.
TITLE III—FEDERAL RAILROAD ADMINISTRATION
Sec. 301. Human capital increases.
Sec. 302. Civil penalty increases.
Sec. 303. Enforcement report.
Sec. 304. Prohibition of individuals from performing safety-sensitive functions
for a violation of hazardous materials transportation law.
Sec. 305. Railroad radio monitoring authority.
Sec. 306. Emergency waivers.
Sec. 307. Federal rail security officers’ access to information.
Sec. 308. Update of Federal Railroad Administration’s website.
TITLE IV—RAILROAD SAFETY ENHANCEMENTS
Sec. 401. Employee training.
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. Railroad safety technology grants.
Sec. 407. Railroad safety infrastructure improvement grants.
Sec. 408. Amendment to the movement-for-repair provision.
Sec. 409. Development and use of rail safety technology.
Sec. 410. Employee sleeping quarters.
Sec. 411. Employee protections.
Sec. 412. Unified treatment of families of railroad carriers.
Sec. 413. Study of repeal of Conrail provision.
Sec. 414. Limitations on non-federal alcohol and drug testing by railroad car-
riers.
Sec. 415. Critical incident stress plan.
Sec. 416. Railroad carrier employee exposure to radiation study.
Sec. 417. Alcohol and controlled substance testing for maintenance-of-way em-
ployees.
TITLE V—RAIL PASSENGER DISASTER FAMILY ASSISTANCE
†
HR 2095 EAS
Sec. 501. Assistance by National Transportation Safety Board to families of
passengers 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 Act an amendment or
repeal is expressed in terms of an amendment to, or a repeal
of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of title 49,
United States Code.
SEC. 2. DEFINITIONS.
(a) IN GENERAL.—In this Act:
(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
†
HR 2095 EAS
(B) a pathway explicitly authorized by a
public authority or a railroad that is dedicated
for the use of nonvehicular traffic, including pe-
destrians, bicyclists, and others, that is not asso-
ciated with a public highway, road, or street, or
a private roadway, crosses one or more railroad
tracks either at grade or grade-separated.
(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:
†
HR 2095 EAS
‘‘(1) ‘Class I railroad’ means a railroad carrier
that has annual carrier operating revenues that meet
the threshold amount for Class I carriers, 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 carrier;
‘‘(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
‘‘(F) any other employee of a railroad car-
rier who directly affects railroad safety, as deter-
mined by the Secretary.’’.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 20117(a) is amended to read as follows:
†
HR 2095 EAS
‘‘(a) IN GENERAL.—
‘‘(1) There are authorized to be appropriated to
the Secretary of Transportation to carry out this part
and to carry out responsibilities under chapter 51 as
delegated or authorized by the Secretary—
‘‘(A) $186,000,000 for fiscal year 2008;
‘‘(B) $221,000,000 for fiscal year 2009;
‘‘(C) $231,000,000 for fiscal year 2010;
‘‘(D) $237,000,000 for fiscal year 2011;
‘‘(E) $244,000,000 for fiscal year 2012; and
‘‘(F) $251,000,000 for fiscal year 2013.
‘‘(2) With amounts appropriated pursuant to
paragraph (1), the Secretary may designate the fol-
lowing amounts for research and development:
‘‘(A) $36,000,000.
‘‘(B) $34,000,000.
‘‘(C) $36,000,000.
‘‘(D) $37,000,000.
‘‘(E) $38,000,000.
‘‘(F) $39,000,000.
‘‘(3) With amounts appropriated pursuant to
paragraph (1), the Secretary shall purchase Gage Re-
straint Measurement System vehicles and track geom-
etry vehicles or other comparable technology as needed
to assess track safety, consistent with the results of the
†
HR 2095 EAS
track inspection study required by section 403 of the
Railroad Safety Enhancement Act of 2008.
‘‘(4) Such sums as may be necessary from the
amount appropriated pursuant to paragraph (1) for
each of the fiscal years 2008 through 2013 shall be
made available to the Secretary for personnel in re-
gional offices and in Washington, D.C., whose duties
primarily involve rail security.’’.
TITLE I—RAILROAD SAFETY RISK
REDUCTION AND STRATEGY
SEC. 101. ESTABLISHMENT OF CHIEF SAFETY OFFICER.
Section 103 is amended—
(1) by redesignating subsections (c), (d), and (e)
as subsections (e), (f), and (g);
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) SAFETY AS HIGHEST PRIORITY.—In carrying out
its duties, the Administration shall consider safety as the
highest priority, recognizing the clear intent, encourage-
ment, and dedication of Congress to the furtherance of the
highest degree of safety in railroad transportation.
‘‘(d) CHIEF SAFETY OFFICER.—The Administration
shall have an Associate Administrator for Railroad Safety
appointed in the career service by the Secretary. The Asso-
ciate Administrator shall be the Chief Safety Officer of the
†
HR 2095 EAS
Administration. The Associate Administrator shall carry
out the duties and powers prescribed by the Administrator;
and
(3) by striking ‘‘(c)(1)’’ in subsection (f), as re-
designated, and inserting ‘‘(e)(1)’’.
SEC. 102. RAILROAD SAFETY STRATEGY.
(a) SAFETY GOALS.—In conjunction with existing fed-
erally-required and voluntary strategic planning efforts on-
going at the Department and the Federal Railroad Admin-
istration on the date of enactment of this Act, the Secretary
shall develop a long-term strategy for improving railroad
safety to cover a period of not less than 5 years. The strat-
egy shall include an annual plan and schedule for achiev-
ing, at a minimum, the following goals:
(1) Reducing the number and rates of accidents,
injuries, and fatalities involving railroads including
train collisions, derailments, and human factors.
(2) Improving the consistency and effectiveness of
enforcement and compliance programs.
(3) Improving the identification of high-risk
highway-rail grade crossings and strengthening en-
forcement and other methods to increase grade cross-
ing safety.
(4) Improving research efforts to enhance and
promote railroad safety and performance.
†
HR 2095 EAS
(5) Preventing railroad trespasser accidents, in-
juries, and fatalities.
(6) Improving the safety of railroad bridges, tun-
nels, and related infrastructure to prevent accidents,
injuries, and fatalities caused by catastrophic 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
†
HR 2095 EAS
the strategy and develop and institute measures to re-
mediate such deficiencies.
(2) REPORT TO CONGRESS.—Not later than No-
vember 1st of each year, the Secretary shall transmit
a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infra-
structure on the performance of the Federal Railroad
Administration containing the progress assessment re-
quired by paragraph (1) toward achieving the goals
of the railroad safety strategy and annual plans
under subsection (a).
SEC. 103. RAILROAD SAFETY RISK REDUCTION PILOT PRO-
GRAM.
(a) IN GENERAL.—Subchapter II of chapter 201 is
amended by adding at the end thereof the following:
‘‘§ 20156. Railroad safety risk reduction pilot program
‘‘(a) PILOT PROGRAM.—
‘‘(1) IN GENERAL.—In conjunction with ongoing
behavior-based safety research at the Department of
Transportation, the Secretary shall develop a 4-year
railroad safety risk reduction pilot program to sys-
tematically evaluate and manage railroad safety risks
with the goal of reducing the numbers and rates of
railroad accidents, injuries, and fatalities. Not later
†
HR 2095 EAS
than 1 year after the date of enactment of the Rail-
road Safety Enhancement Act of 2008, the Secretary
shall, in coordination with selected railroads, railroad
facilities, nonprofit employee labor organizations that
represent safety-related railroad employees employed
at such railroad or railroad facility, and any other
entities that the Secretary determines to be relevant,
at a minimum—
‘‘(A) identify the aspects of a selected rail-
road or railroad facility, including operating
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 im-
pact railroad safety;
‘‘(B) evaluate how these aspects of a selected
railroad or railroad facility increase or decrease
risks to railroad safety;
‘‘(C) develop a safety risk reduction pro-
gram to improve the safety of a selected railroad
or railroad facility by reducing the numbers and
rates of accidents, injuries, and fatalities
through—
†
HR 2095 EAS
‘‘(i) the mitigation of the aspects of a
selected railroad or railroad facility that in-
crease risks to railroad safety; and
‘‘(ii) the enhancement of aspects of a
selected railroad or railroad facility that de-
crease risks to railroad safety; and
‘‘(D) incorporate into the program the con-
sideration and use of existing, new, or novel
technology, operating practices, risk management
practices or other behavior-based practices that
could improve railroad safety at the selected rail-
road or railroad facility.
‘‘(2) IMPLEMENTATION
DEADLINE.—Not later
than 2 years after the date of enactment of the Rail-
road Safety Enhancement Act of 2008, the selected
railroad or railroad facility shall implement the safe-
ty risk reduction program developed under paragraph
(1)(C) on the selected railroad or railroad facility and
ensure that all employees at the selected railroad or
railroad facility have received training related to the
program.
‘‘(b) SELECTION OF RAILROAD OR RAILROAD FACILITY
FOR PILOT PROGRAM.—Not later than 6 months after the
date of enactment of the Railroad Safety Enhancement Act
of 2008, the Secretary shall develop a voluntary application
†
HR 2095 EAS
process to select 1 or more railroad carriers or railroad fa-
cilities where the pilot project will be implemented. The ap-
plication process shall include criteria for rating appli-
cants, such as safety performance, accident and incident
history, existence of risk management or behavior-based
practices at the railroad or railroad facility, number of em-
ployees employed at the railroad or railroad facility, and
other relevant criteria determined by the Secretary. If more
than 1 railroad or railroad facility is selected, the Secretary
shall select railroads and railroad facilities that are rep-
resentative of the railroad industry as a whole, if possible.
‘‘(c) EVALUATION.—Not later than 6 months after the
completion of the safety risk reduction program pilot pro-
gram, the Secretary shall submit a report to Congress evalu-
ating the pilot program, which shall include—
‘‘(1) a summary of the railroad safety risk re-
duction pilot program and description of the actions
taken by the Secretary and selected railroad or rail-
road facilities during the program;
‘‘(2) an analysis of the difference in the number
and rates of accidents, injuries, and fatalities at a se-
lected railroad or railroad facility before and after the
implementation of the risk reduction pilot program at
a selected railroad or railroad facility; and
†
HR 2095 EAS
‘‘(3) guidelines on the preparation and imple-
mentation of railroad safety risk reduction program
for the railroad carriers required to develop such
plans under section 20157 that reflect the best prac-
tices developed during the pilot program.
‘‘(d) GRANTS.—The Secretary shall establish a grant
program for implementation of the railroad safety risk re-
duction pilot program. Railroads and railroad facilities se-
lected by the Secretary shall be eligible for grants.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of Transpor-
tation $1,000,000 for fiscal years 2009 and 2010 to carry
out subsection (d).’’.
(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 pilot program’’.
SEC. 104. RAILROAD SAFETY RISK REDUCTION PROGRAM.
(a) IN GENERAL.—Subchapter II of chapter 201, as
amended by section 103, is amended by adding at end there-
of the following:
‘‘§ 20157. Railroad safety risk reduction program
‘‘(a) IN GENERAL.—
‘‘(1) PROGRAM REQUIREMENT.—Not later than 5
years after the date of enactment, the Secretary, by
regulation, shall require each railroad carrier that is
†
HR 2095 EAS
a Class I railroad, a railroad carrier that has inad-
equate safety performance (as determined by the Sec-
retary), or a railroad that provides intercity pas-
senger or commuter rail passenger transportation—
‘‘(A) to develop a railroad safety risk reduc-
tion program under subsection (d) that system-
atically evaluates system-wide railroad safety
risks and manages those risks in order to reduce
the numbers and rates of railroad accidents, in-
juries, and fatalities;
‘‘(B) to submit its program, including any
required plans, to the Federal Railroad Adminis-
tration for its review and approval; and
‘‘(C) to implement the program and plans
approved by the Federal Railroad Administra-
tion.
‘‘(2) RELIANCE ON PILOT PROGRAM.—The Sec-
retary shall use the information and experience gath-
ered through the pilot program under section 20156
in developing regulations under this section.
‘‘(3) WAIVERS.—Under section 20103(d) of this
chapter the Secretary may grant a waiver to a rail-
road carrier from compliance with all or a part of the
requirements of this section if the Secretary deter-
†
HR 2095 EAS
mines that the safety performance of the railroad car-
rier is sufficient to warrant the waiver.
‘‘(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 Federal Railroad Administra-
tion. The Federal Railroad Administration shall ap-
prove 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 will implement the contents of the pro-
gram as approved by the Federal Railroad Administration.
‘‘(c) RISK ANALYSIS.—In developing its railroad safe-
ty risk reduction program each railroad required to submit
such a program under subsection (a) shall identify and
analyze the aspects of its railroad, including operating
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.
†
HR 2095 EAS
‘‘(d) PROGRAM ELEMENTS.—
‘‘(1) IN GENERAL.—Each railroad required to
submit a railroad safety risk reduction program
under subsection (a) shall develop a comprehensive
safety risk reduction program to improve safety by re-
ducing the number and rates of accidents, injuries,
and fatalities that is based on the risk analysis re-
quired 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’s
safety risk reduction program shall include a tech-
nology implementation plan that meets the require-
ments of subsection (e) and a fatigue management
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 required to submit
a railroad safety risk reduction program under sub-
section (a) shall develop a 10-year technology imple-
mentation plan that describes the railroad’s plan for
development, adoption, implementation, and use of
current, new, or novel technologies on its system over
†
HR 2095 EAS
a 10-year period to reduce safety risks identified
under the railroad safety risk reduction program.
‘‘(2) TECHNOLOGY ANALYSIS.—A railroad’s tech-
nology 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 20158(b)), electronically controlled
pneumatic brakes, rail integrity inspection systems,
rail integrity warning systems, switch position indi-
cators, trespasser prevention technology, highway rail
grade crossing technology, and other new or novel
railroad safety technology, as appropriate, that may
mitigate risks to railroad safety identified in the risk
analysis required by subsection (c).
‘‘(3) IMPLEMENTATION SCHEDULE.—A railroad’s
technology implementation plan shall contain a
prioritized implementation schedule for the develop-
ment, adoption, implementation, and use of current,
new, or novel technologies on its system to reduce
safety risks identified under the railroad safety risk
reduction program.
‘‘(f) FATIGUE MANAGEMENT PLAN.—
‘‘(1) IN GENERAL.—As part of its railroad safety
risk reduction program, a railroad required to submit
†
HR 2095 EAS
a railroad safety risk reduction program under sub-
section (a) for which the analysis under subsection (c)
has shown fatigue to be a significant source of risk
shall develop a fatigue management plan that is de-
signed to reduce the fatigue experienced by safety-re-
lated railroad employees and to reduce the likelihood
of accidents, injuries, and fatalities caused by fatigue.
‘‘(2) TARGETED FATIGUE COUNTERMEASURES.—
A railroad’s fatigue management plan shall take into
account the varying circumstances of operations by
the railroad on different parts of its system, and shall
prescribe appropriate fatigue countermeasures to ad-
dress 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
†
HR 2095 EAS
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 for em-
ployees, including scheduling procedures, on-duty
call practices, work and rest cycles, increases in
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
incidences that occur as a result of working at
times when scientific and medical research have
shown increased fatigue disrupts employees’ cir-
cadian rhythm.
‘‘(F) Alertness strategies, such as policies on
napping, to address acute sleepiness and fatigue
while an employee is on duty.
†
HR 2095 EAS
‘‘(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 required to
submit a railroad safety risk reduction program
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 labor organization representing a class or
craft of directly affected employees of the railroad car-
rier, on the contents of the safety risk reduction pro-
gram.
‘‘(2) STATEMENT.—If the railroad carrier and
its directly affected employees, including any non-
profit employee labor organization representing a
†
HR 2095 EAS
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, technology implementation plan, or fatigue manage-
ment plan.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 201, as amended by section 103, is further
amended by inserting after the item relating to section
20156 the following:
‘‘20157. Railroad safety risk reduction program’’.
SEC. 105. POSITIVE TRAIN CONTROL SYSTEM IMPLEMENTA-
TION.
(a) IN GENERAL.—Subchapter II of chapter 201, as
amended by section 104, is further amended by adding at
end thereof the following:
†
HR 2095 EAS
‘‘§ 20158. Positive train control system implementation
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall ensure that each railroad required to submit a rail-
road safety risk reduction program pursuant to section
20157 that includes in its technology implementation plan
a schedule for implementation of a positive train control
system complies with that schedule and implements its posi-
tive train control system by December 31, 2018, unless the
Secretary determines that a railroad shall implement its
positive train control system by an earlier date.
‘‘(b) POSITIVE TRAIN CONTROL SYSTEM DEFINED.—
The term ‘positive train control system’ means a system de-
signed to prevent train-to-train collisions, overspeed
derailments, and incursions into roadway worker work lim-
its.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 201, as amended by section 104, is further
amended by inserting after the item relating to section
20157 the following:
‘‘20158. Positive train control system implementation’’.
SEC. 106. HOURS-OF-SERVICE REFORM.
(a) CHANGE IN DEFINITION OF SIGNAL EMPLOYEE.—
Section 21101(4) is amended—
(1) by striking ‘‘employed by a railroad carrier’’;
and
(2) by inserting ‘‘railroad’’ after ‘‘maintaining’’.
†
HR 2095 EAS
(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 or go on duty in any calendar
month where the employee had spent a total of 276
hours—
‘‘(A) on duty;
‘‘(B) waiting for transportation, or in
deadhead transportation, to a place of final re-
lease; or
‘‘(C) in any other mandatory service for the
carrier;
‘‘(2) remain or go on duty for a period in excess
of 12 consecutive hours;
‘‘(3) remain or go on duty unless that employee
has had at least 10 consecutive hours off duty during
the prior 24 hours; or
‘‘(4) remain or go on duty after that employee
has initiated an on-duty period each day for—
‘‘(A) 6 consecutive days, unless that em-
ployee has had at least 48 consecutive hours off