1020 
(9) incorporate all prerevenue service planning, 
construction, and route verification work into the 
scope of a corporate-wide system safety plan, includ-
ing through rules and policies, risk assessment anal-
yses, safety assurances, and safety promotions; and 
(10) conduct risk assessments on all new or up-
graded services that occur on Amtrak-owned territory, 
host railroads, or in States that own infrastructure 
over which Amtrak operates. 
(c) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Secretary and Amtrak shall 
submit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a re-
port on their progress on meeting the requirements under 
subsections (a) and (b), respectively, including a descrip-
tion of all completed elements of the requirements. 
SEC. 9508. ANNUAL REVIEW OF SPEED LIMIT ACTION 
PLANS. 
Section 11406 of the FAST Act (Public Law 114–94) 
is amended— 
(1) in subsection (c) by inserting ‘‘or subsection 
(d)(2)’’ after ‘‘subsection (b)’’; 
(2) by redesignating subsections (d) through (f) 
as subsections (e) through (g), respectively; 
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(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) PERIODIC REVIEWS AND UPDATES.—Each rail-
road carrier that files an action plan under subsection (b) 
shall— 
‘‘(1) not later than 1 year after the date of enact-
ment of the TRAIN Act, and annually thereafter, re-
view such plan to ensure the effectiveness of actions 
taken to enable warning and enforcement of the max-
imum authorized speed for passenger trains at each 
location identified under subsection (b)(1); and 
‘‘(2) not later than 90 days prior to imple-
menting any operational or territorial operating 
change, including initiating a new service or route, 
submit to the Secretary a revised action plan that ad-
dresses such operational or territorial operating 
change.’’; and 
(4) by adding at the end the following: 
‘‘(h) PROHIBITION.—No new intercity rail passenger 
transportation or commuter rail passenger service may 
begin operation unless the railroad carrier providing such 
service is in compliance with this section.’’. 
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SEC. 9509. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, is amended by adding at the 
end the following: 
‘‘§ 20169. Freight train crew size safety standards 
‘‘(a) MINIMUM CREW SIZE.—No freight train may be 
operated unless such train has a crew of at least 1 appro-
priately qualified and certified conductor and 1 appro-
priately qualified and certified engineer. 
‘‘(b) EXCEPTIONS.—Except as provided in subsection 
(d), the prohibition in subsection (a) shall not apply in any 
of the following circumstances: 
‘‘(1) Train operations within a rail yard or ter-
minal area or on auxiliary or industry tracks. 
‘‘(2) A train operated— 
‘‘(A) by a railroad carrier that has fewer 
than 400,000 total employee work hours annu-
ally and less than $40,000,000 annual revenue 
(adjusted for inflation as measured by the Sur-
face Transportation Board Railroad Inflation- 
Adjusted Index); 
‘‘(B) at a speed of not more than 25 miles 
per hour; and 
‘‘(C) on a track with an average track grade 
of less than 2 percent for any segment of track 
that is at least 2 continuous miles. 
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‘‘(3) Locomotives performing assistance to a 
train that has incurred mechanical failure or lacks 
the power to traverse difficult terrain, including trav-
eling to or from the location where assistance is pro-
vided. 
‘‘(4) Locomotives that— 
‘‘(A) are not attached to any equipment or 
attached only to a caboose; and 
‘‘(B) do not travel farther than 30 miles 
from a rail yard. 
‘‘(5) Train operations staffed with fewer than a 
2-person crew at least 1 year prior to the date of en-
actment of this section, if the Secretary determines 
that the operation achieves an equivalent level of safe-
ty. 
‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The excep-
tions under subsection (b) may not be applied to— 
‘‘(1) a train transporting 1 or more loaded cars 
carrying material toxic by inhalation, as defined in 
section 171.8 of title 49, Code of Federal Regulations; 
‘‘(2) a train carrying 20 or more loaded tank 
cars of a Class 2 material or a Class 3 flammable liq-
uid in a continuous block or a single train carrying 
35 or more loaded tank cars of a Class 2 material or 
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a Class 3 flammable liquid throughout the train con-
sist; and 
‘‘(3) a train with a total length of 7,500 feet or 
greater. 
‘‘(d) WAIVER.—A railroad carrier may seek a waiver 
of the requirements of this section pursuant to section 
20103(d).’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘20169. Freight train crew size safety standards.’’. 
SEC. 9510. SAFE CROSS BORDER OPERATIONS. 
(a) IN GENERAL.—Section 416 title IV of division A 
of the Rail Safety Improvement Act of 2008 (49 U.S.C. 
20107 note) is amended— 
(1) by striking ‘‘Mechanical and brake’’ and in-
serting ‘‘(a) IN GENERAL.—Mechanical and brake’’; 
and 
(2) by adding at the end the following: 
‘‘(b) WAIVER.—The Secretary may not grant any 
waiver or waiver modification that provides for the ability 
to perform mechanical or brake inspections of rail cars in 
Mexico in lieu of complying with the certification require-
ments of this section.’’. 
(b) SAFETY STANDARDS FOR CERTAIN RAIL CREWS.— 
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49, United States Code, at all times any such em-
ployee is on duty, regardless of location; 
‘‘(4) covered rail employees are subject to the 
motor vehicle driving record evaluation requirements 
in section 240.115 of title 49, Code of Federal Regula-
tions, to the same extent as such requirements apply 
to railroad employees whose primary reporting point 
is in the United States and are subject to such sec-
tion, and that such evaluation includes driving 
records from the same country as the employee’s pri-
mary reporting point; and 
‘‘(5) the Federal Railroad Administration is per-
mitted to perform onsite inspections of rail facilities 
in Mexico to ensure compliance with paragraphs (1) 
and (2). 
‘‘(b) NOTICE REQUIRED.— 
‘‘(1) IN GENERAL.—Not later than 5 days after 
the date on which the Secretary certifies each of the 
requirements under paragraphs (1) through (5) of 
subsection (a), the Secretary shall publish in the Fed-
eral Register— 
‘‘(A) notice of each such certification; and 
‘‘(B) documentation supporting each such 
certification. 
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‘‘(2) PUBLIC COMMENT.—To ensure compliance 
with the requirements of this section and any other 
applicable safety requirements, the Secretary shall— 
‘‘(A) allow for public comment on the notice 
required under paragraph (1); and 
‘‘(B) hold a public hearing on such notice. 
‘‘(3) CONGRESSIONAL NOTICE.—On the date on 
which each publication required under paragraph (1) 
is published in the Federal Register, the Secretary 
shall notify the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate of such publication. 
‘‘(c) DRUG AND ALCOHOL TESTING.— 
‘‘(1) NONAPPLICATION OF EXEMPTION.—For pur-
poses of compliance with subsection (a)(2), the exemp-
tion contained in part 219.3(d)(2) of title 49, Code of 
Federal Regulations, shall not apply. 
‘‘(2) AUDIT BY OFFICE OF DRUG AND ALCOHOL 
COMPLIANCE.—To ensure compliance with the drug 
and alcohol testing programs described in subsection 
(a)(2), the Office of Drug and Alcohol Compliance in 
the Department of Transportation shall conduct an 
annual audit of such programs and recommend en-
forcement actions as needed. 
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‘‘(d) DEFINITION OF COVERED RAIL EMPLOYEE.—In 
this section, the term ‘covered rail employee’ means a rail-
road employee whose primary reporting point is in Mex-
ico.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Rail Safety Improvement 
Act of 2008 (Public Law 110–432), is amended by in-
serting after the item relating to section 420 the fol-
lowing: 
‘‘Sec. 421. Safety standards for certain rail crews.’’. 
SEC. 9511. YARDMASTERS HOURS OF SERVICE. 
(a) LIMITATIONS ON DUTY HOURS OF YARDMASTER 
EMPLOYEES.—Section 21103 of title 49, United States 
Code, is amended— 
(1) in the section heading by inserting ‘‘AND 
YARDMASTER
EMPLOYEES’’ after ‘‘TRAIN
EM-
PLOYEES’’; 
(2) by inserting ‘‘or yardmaster employee’’ after 
‘‘train employee’’ each place it appears; and 
(3) in subsection (e) by inserting ‘‘or yardmaster 
employee’s’’ after ‘‘During a train employee’s’’. 
(b) DEFINITIONS.—Section 21101 of title 49, United 
States Code, is amended— 
(1) in paragraph (3) by inserting ‘‘a yardmaster 
employee,’’ after ‘‘dispatching service employee,’’; and 
(2) by adding at the end the following: 
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‘‘(6) ‘yardmaster employee’ means an indi-
vidual responsible for supervising and coordi-
nating the control of trains and engines oper-
ating within a rail yard.’’. 
(c) CONFORMING
AMENDMENT.—The analysis for 
chapter 211 of title 49, United States Code, is amended by 
striking the item relating to section 21103 and inserting 
the following: 
‘‘21103. Limitations on duty hours of train employees and yardmaster employ-
ees.’’. 
SEC. 9512. LEAKING BRAKES. 
(a) IN GENERAL.—The Administrator of the Federal 
Railroad Administration shall take such actions as are nec-
essary to ensure that no DB–60 air brake control valve 
manufactured before January 1, 2006, is equipped on a rail 
car operating on— 
(1) a unit train north of the 37th parallel on or 
after August 1, 2022; or 
(2) a non-unit train north of the 37th parallel 
on or after August 1, 2024. 
(b) REPORTS.—Not later than 1 year after the date 
of enactment of this Act, and every year thereafter until 
brake valves described in subsection (a) are no longer oper-
ating on rail cars as required under subsection (a), the Ad-
ministrator shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
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and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report that identifies— 
(1) the estimated number of such brake valves on 
rail cars operating on— 
(A) unit trains north of the 37th parallel; 
and 
(B) non-unit trains north of the 37th par-
allel; 
(2) any issues affecting the industry’s progress 
toward ensuring that such brake valves are phased 
out in accordance with the requirements of subsection 
(a); and 
(3) efforts the Administrator has taken since the 
previous report to ensure such brake valves are phased 
out in accordance with the requirements of subsection 
(a). 
(c) ADDITIONAL VALVES.—If the Administrator deter-
mines that air brake control valves not covered under sub-
section (a) demonstrate leakage in low temperatures similar 
to the leakage exhibited by the air brake control valve iden-
tified in subsection (a), the Administrator shall ensure that 
the air brake control valves determined to be demonstrating 
leakage under this subsection are phased out in accordance 
with the requirements of subsection (a). 
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SEC. 9513. ANNUAL REPORT ON PTC SYSTEM FAILURES. 
Section 20157 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(m) ANNUAL REPORT OF SYSTEM FAILURES.—Not 
later than April 16 of each calendar year following the date 
of an implementation deadline under subsection (a)(1), 
each railroad shall submit to the Secretary a report con-
taining the number of positive train control system failures, 
separated by each major hardware category, that occurred 
during the previous calendar year.’’. 
SEC. 9514. FATIGUE REDUCTION PILOT PROJECTS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) maintaining the highest level of safety across 
the nation’s railroad network is of critical impor-
tance; 
(2) ensuring the safety of rail transportation re-
quires the full attention of all workers engaged in 
safety-critical functions; 
(3) fatigue degrades an individual’s ability to 
stay awake, alert, and attentive to the demands of 
safe job performance; 
(4) the cognitive impairments to railroad work-
ers that result from fatigue can cause dangerous situ-
ations that put workers and communities at risk; 
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(5) the Rail Safety Improvement Act of 2008 
mandated that the Federal Railroad Administration 
conduct two pilot projects to analyze specific practices 
that may be used to reduce fatigue in employees and 
as of the date of enactment of this Act, neither pilot 
project has commenced; and 
(6) the Federal Railroad Administration should 
coordinate with the industry and the workforce to 
commence and complete the fatigue pilot projects 
mandated in 2008. 
(b) PILOT PROJECTS.—Section 21109(e) of title 49, 
United States Code, is amended— 
(1) by striking ‘‘Not later than 2 years after the 
date of enactment of the Rail Safety Improvement Act 
of 2008’’ and inserting ‘‘Not later than 1 year after 
the date of enactment of the TRAIN Act’’; and 
(2) by adding at the end the following: 
‘‘(3) COORDINATION.—The pilot projects required 
under subparagraph (1) shall be developed and evalu-
ated in coordination with the labor organization rep-
resenting the class or craft of employees impacted by 
the pilot projects.’’. 
(c) REIMBURSEMENT.—The Secretary of Transpor-
tation may reimburse railroads participating in the pilot 
projects under 21109(e) of title 49, United States Code, a 
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share of the costs associated with the pilot projects, as deter-
mined by the Secretary. 
(d) REPORT.— 
(1) IN GENERAL.—If the pilot projects required 
under section 21109(e) of title 49, United States Code, 
have not commenced on the date that is 1 year after 
the date of enactment of this Act, the Secretary shall, 
not later than 1 year and 30 days after the date of 
enactment of this Act, 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 
describing— 
(A) the status of the pilot projects; 
(B) actions the Federal Railroad Adminis-
tration has taken to commence the pilot projects, 
including efforts to recruit participant railroads; 
(C) any challenges impacting the com-
mencement of the pilot projects; and 
(D) any other details associated with the de-
velopment of the pilot projects that affect the 
progress toward meeting the mandate of such sec-
tion. 
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SEC. 9515. ASSAULT PREVENTION AND RESPONSE PLANS. 
(a) AMENDMENT.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20170. Assault prevention and response plans 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of the TRAIN Act, any entity that pro-
vides regularly scheduled intercity or commuter rail pas-
senger transportation shall submit to the Secretary of 
Transportation for review and approval an assault preven-
tion and response plan (in this section referred to as the 
‘Plan’) to address transportation assaults. 
‘‘(b) CONTENTS OF PLAN.—The Plan required under 
subsection (a) shall include— 
‘‘(1) procedures that— 
‘‘(A) facilitate the reporting of a transpor-
tation assault, including the notification of on- 
site personnel, rail law enforcement, and local 
law enforcement; 
‘‘(B) personnel should follow up on the re-
porting of a transportation assault, including 
actions to protect affected individuals from con-
tinued assault; 
‘‘(C) may be taken to remove the passenger 
or personnel who has committed a transportation 
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assault from the train or related area or facility 
as soon as practicable when appropriate; 
‘‘(D) include protections and safe reporting 
practices for passengers who may have been as-
saulted by personnel; and 
‘‘(E) may limit or prohibit, to the extent 
practicable, future travel with the entity de-
scribed in subsection (a) by any passenger or 
personnel who commits a transportation assault 
against personnel or passengers; 
‘‘(2) a policy that ensures an employee who is a 
victim or witness of a transportation assault may 
participate in the prosecution of a criminal offense of 
such assault without any adverse effect on the victim’s 
or witnesses’ employment status; and 
‘‘(3) a process and timeline for conducting an 
annual review and update of the Plan. 
‘‘(c) NOTICE TO PASSENGERS.—An entity described 
under subsection (a) shall display onboard trains and in 
boarding areas, as appropriate, a notice stating the entity’s 
abilities to restrict future travel under subsection (b)(1)(E). 
‘‘(d) PERSONNEL
TRAINING.—An entity described 
under subsection (a) shall provide initial and annual train-
ing for all personnel on the contents of the Plan, including 
training regarding— 
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‘‘(1) the procedures described in subsection (b); 
‘‘(2) methods for responding to hostile situations, 
including de-escalation training; and 
‘‘(3) rights and responsibilities of personnel with 
respect to a transportation assault on themselves, 
other personnel, or passengers. 
‘‘(e) PERSONNEL PARTICIPATION.—The Plan required 
under subsection (a) shall be developed and implemented 
with the direct participation of personnel, and, as applica-
ble, labor organizations representing personnel. 
‘‘(f) REPORTING.— 
‘‘(1) INCIDENT NOTIFICATION.— 
‘‘(A) IN GENERAL.—Not later than 10 days 
after a transportation assault incident, the ap-
plicable entity described in subsection (a) shall 
notify personnel employed at the location in 
which the incident occurred. In the case of an in-
cident on a vehicle, such entity shall notify per-
sonnel regularly scheduled to carry out employ-
ment activities on the service route on which the 
incident occurred. 
‘‘(B) CONTENT OF INCIDENT REPORT.—The 
notification 
required 
under 
paragraph 
(1) 
shall— 
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‘‘(i) include a summary of the inci-
dent; and 
‘‘(ii) be written in a manner that pro-
tects the confidentiality of individuals in-
volved in the incident. 
‘‘(2) ANNUAL REPORT.—For each calendar year, 
each entity with respect to which a transportation as-
sault incident has been reported during such year 
shall submit to the Secretary report that describes— 
‘‘(A) the number of assault incidents re-
ported to the entity, including— 
‘‘(i) the number of incidents committed 
against passengers; and 
‘‘(ii) the number of incidents com-
mitted against personnel; and 
‘‘(B) the number of assault incidents re-
ported to rail or local law enforcement by per-
sonnel of the entity. 
‘‘(3) PUBLICATION.—The Secretary shall make 
available to the public on the primary website of the 
Federal Railroad Administration the data collected 
under paragraph (2). 
‘‘(4) DATA PROTECTION.—Data made available 
under this subsection shall be made available in a 
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manner that protects the confidentiality of individ-
uals involved in transportation assault incidents. 
‘‘(g) DEFINITION OF TRANSPORTATION ASSAULT.—In 
this section, the term ‘transportation assault’ means the oc-
currence, or reasonably suspected occurrence, of an act 
that— 
‘‘(1) constitutes assault; 
‘‘(2) is committed by a passenger or member of 
personnel of an entity that provides regularly sched-
uled intercity or commuter rail passenger transpor-
tation against another passenger or member of per-
sonnel of such entity; and 
‘‘(3) takes place— 
‘‘(A) within a vehicle of such entity; or 
‘‘(B) in an area in which passengers are en-
tering or exiting a vehicle described in subpara-
graph (A); or 
‘‘(C) a station or facility where such entity 
operates, regardless of ownership of the station or 
facility.’’. 
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter II of chapter 201 of title 49, United States Code, 
as amended by this division, is further amended by adding 
at the end the following: 
‘‘20170. Assault prevention and response plans.’’. 
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SEC. 9516. CRITICAL INCIDENT STRESS PLANS. 
The Secretary of Transportation shall issue such regu-
lations as are necessary to amend part 272 of title 49, Code 
of Federal Regulations, to ensure that— 
(1) the coverage of a critical incident stress plan 
under section 272.7 of such part includes employees 
of commuter railroads and intercity passenger rail-
roads, as such terms are defined in section 272.9 of 
such part, who directly interact with passengers; and 
(2) assault and the witnessing of an assault 
against an employee or train passenger is included in 
the definition of critical incident under section 272.9 
of such part. 
SEC. 9517. STUDY ON SAFETY CULTURE ASSESSMENTS. 
(a) IN GENERAL.—The Administrator of the Federal 
Railroad Administration shall conduct a study on the feasi-
bility of expanding railroad safety culture assessments and 
training to include assessments and training for workers 
employed by tourist railroads, passenger railroads, and 
commuter railroads. 
(b) CONTENTS OF STUDY.—The study required under 
subsection (a) shall include— 
(1) an analysis on the need for the expansion; 
(2) the resources required to carry out the addi-
tional assessments and training; and 
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(3) other potential safety challenges the initiative 
could address. 
(c) REPORT.—The Federal Railroad Administration 
shall submit to the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on the results of the study conducted under 
subsection (a). 
Subtitle B—Grade Crossing Safety 
SEC. 9551. GRADE CROSSING SEPARATION GRANTS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, as amended by this division, 
is further amended by adding at the end the following: 
‘‘§ 20171. Grade crossing separation grants 
‘‘(a) GENERAL AUTHORITY.—The Secretary of Trans-
portation shall make grants under this section to eligible 
entities to assist in financing the cost of highway-rail grade 
separation projects. 
‘‘(b) APPLICATION REQUIREMENTS.—To be eligible for 
a grant under this section, an eligible entity shall submit 
to the Secretary an application in such form, in such man-
ner, and containing such information as the Secretary may 
require, including— 
‘‘(1) an agreement between the entity that owns 
or controls the right-of-way and the applicant ad-
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dressing access to right-of-way throughout the project; 
and 
‘‘(2) a cost-sharing agreement with the funding 
amounts that the entity that owns or controls the 
right-of-way shall contribute to the project, which 
shall be not less than 10 percent of the total project 
cost. 
‘‘(c) ELIGIBLE PROJECTS.—The following projects are 
eligible to receive a grant under this section: 
‘‘(1) Installation, repair, or improvement of 
grade crossing separations. 
‘‘(2) Grade crossing elimination incidental to el-
igible grade crossing separation projects. 
‘‘(3) Project planning, development, and environ-
mental work related to a project described in para-
graph (1) or (2). 
‘‘(d) PROJECT SELECTION CRITERIA.— 
‘‘(1) LARGE
PROJECTS.—Of amounts made 
available to carry out this section, not more than 50 
percent shall be available for projects with total costs 
of $100,000,000 or greater. 
‘‘(2) CONSIDERATIONS.—In awarding grants 
under this section, the Secretary— 
VerDate Sep 11 2014 
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