I
104TH CONGRESS
2D SESSION
H. R. 3413
To amend chapter 211 of title 49, United States Code, with respect to
hours of service of railroad employees, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 8, 1996
Mr. MARTINI (for himself and Mr. FRANKS of New Jersey) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and
Infrastructure
A BILL
To amend chapter 211 of title 49, United States Code,
with respect to hours of service of railroad employees,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Commuter Rail Safety
Act of 1996’’.
SEC. 2. HOURS OF SERVICE.
Section 21103 of title 49, United States Code, is
amended—
(1) in subsection (a)(1), by striking ‘‘or’’ at the
end;
(2) in subsection (a)(2), by striking the period
at the end and inserting in lieu thereof a semicolon;
(3) by adding after paragraph (2) of subsection
(a) the following new paragraphs:
‘‘(3) after that employee has completed a tour
of duty, unless that employee has had at least 8 con-
secutive hours of undisturbed rest; and
‘‘(4) unless that employee has received at least
8 hours notice before the time for reporting for duty,
except in the event of an emergency, in which case
the employee may not be required to work for more
than 8 hours after reporting for duty.’’; and
(4) by adding at the end the following new sub-
sections:
‘‘(d) COMMUTER RAIL SPLIT SHIFTS.—A railroad
carrier and its officers and agents may not require or
allow a commuter rail train employee to operate a split
shift unless that shift begins between 4:00 a.m. and 8:00
a.m.
‘‘(e) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘commuter rail’ has the meaning
given the term ‘commuter rail passenger transpor-
tation’ in section 24102 of this title;
‘‘(2) the term ‘split shift’ means a regularly as-
signed work shift which includes an interim period
off duty of at least 4 hours;
‘‘(3) the term ‘tour of duty’ means an employ-
ee’s shift on duty of 8 hours or more, including a
shift of consecutive hours and a shift that encom-
passes an interim period off duty of at least 4 but
not more than 8 hours; and
‘‘(4) the term ‘undisturbed rest’ means a period
during which the employing rail carrier and its offi-
cers and agents do not communicate with an em-
ployee, except for one communication described in
subsection (a)(4).’’.
SEC. 3. ACCIDENT AND INJURY REPORTING.
(a) DISCHARGE
AND
DISCRIMINATION
PROTEC-
TION.—Section 20109 of title 49, United States Code, is
amended—
(1) by redesignating subsections (c), (d), and
(e) as subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c) ACCIDENT AND INJURY INFORMATION.—A rail-
road carrier engaged in interstate or foreign commerce,
and an employee of such a railroad carrier, may not dis-
charge or in any way discriminate against an employee
because the employee has furnished information to the
railroad carrier, the Federal Railroad Administration, or
any other appropriate Federal or State agency, as to the
facts incident to any accident or injury occurring in con-
nection with rail transportation.’’.
(b) PENALTIES.—
(1) CIVIL PENALTIES.—Section 21302(a)(1) of
title 49, United States Code, is amended by striking
‘‘a regulation prescribed or order issued under chap-
ter 201 of this title’’ and inserting in lieu thereof
‘‘chapter 201 of this title or a regulation prescribed
or order issued under chapter 201’’.
(2) CRIMINAL PENALTIES.—Section 21311 of
title 49, United States Code, is amended by adding
at the end the following new subsection:
‘‘(c) ACCIDENT AND INJURY INFORMATION.—A per-
son shall be fined under title 18, imprisoned for not more
than 1 year, or both, if the person knowingly and willfully
violates section 20109(c).’’.
Æ