H. R. 1758—104
section, is a contractual obligation of the United States Government
to pay the Government’s share of the cost of the project.
(2) A grant or contract, approved by the Secretary, that is
financed with amounts made available under subsection (a)(2) or
(b)(2) of this section, is a contractual obligation of the Government
to pay the Government’s share of the cost of the project only
to the extent amounts are provided in advance in an appropriations
law.
(l) EARLY APPROPRIATIONS AND AVAILABILITY OF AMOUNTS.—
(1) Amounts appropriated under subsection (a)(2) of this section
to carry out section 5311 of this title may be appropriated in
the fiscal year before the fiscal year in which the appropriation
is available for obligation.
(2) Amounts made available or appropriated under subsections
(a), (b), (g), (h)(1) and (2), and (j)(4) of this section remain available
until expended.
(3) An amount apportioned under section 5308 of this title—
(A) remains available for 3 years after the fiscal year
in which the amount is apportioned; and
(B) that is unobligated at the end of the 3-year period
shall be added to the amount available for apportionment for
the next fiscal year not later than 30 days after the end of
the 3-year period.
CHAPTER 55—INTERMODAL TRANSPORTATION
SUBCHAPTER I—GENERAL
Sec.
5501.
National Intermodal Transportation System policy.
5502.
Intermodal Transportation Advisory Board.
5503.
Office of Intermodalism.
5504.
Model intermodal transportation plans.
SUBCHAPTER II—TERMINALS
5561.
Definition.
5562.
Assistance projects.
5563.
Conversion of certain rail passenger terminals.
5564.
Interim preservation of certain rail passenger terminals.
5565.
Encouraging the development of plans for converting certain rail passenger
terminals.
5566.
Records and audits.
5567.
Preference for preserving buildings of historic or architectural significance.
5568.
Authorization of appropriations.
SUBCHAPTER I—GENERAL
§ 5501. National Intermodal Transportation System policy
(a) GENERAL.—It is the policy of the United States Government
to develop a National Intermodal Transportation System that is
economically efficient and environmentally sound, provides the
foundation for the United States to compete in the global economy,
and will move individuals and property in an energy efficient way.
(b) SYSTEM CHARACTERISTICS.—(1) The National Intermodal
Transportation System shall consist of all forms of transportation
in a unified, interconnected manner, including the transportation
systems of the future, to reduce energy consumption and air pollu-
tion while promoting economic development and supporting the
United States’ preeminent position in international commerce.
(2) The National Intermodal Transportation System shall
include a National Highway System consisting of the Dwight D.
H. R. 1758—105
Eisenhower System of Interstate and Defense Highways and those
principal arterial roads that are essential for interstate and regional
commerce and travel, national defense, intermodal transfer facili-
ties, and international commerce and border crossings.
(3) The National Intermodal Transportation System shall
include significant improvements in public transportation necessary
to achieve national goals for improved air quality, energy conserva-
tion, international competitiveness, and mobility for elderly individ-
uals, individuals with disabilities, and economically disadvantaged
individuals in urban and rural areas of the United States.
(4) The National Intermodal Transportation System shall pro-
vide improved access to ports and airports, the Nation’s link to
commerce.
(5) The National Intermodal Transportation System shall give
special emphasis to the contributions of the transportation sectors
to increased productivity growth. Social benefits must be considered
with particular attention to the external benefits of reduced air
pollution, reduced traffic congestion, and other aspects of the quality
of life in the United States.
(6) The National Intermodal Transportation System must be
operated and maintained with insistent attention to the concepts
of innovation, competition, energy efficiency, productivity, growth,
and accountability. Practices that resulted in the lengthy and overly
costly construction of the Dwight D. Eisenhower System of Inter-
state and Defense Highways must be confronted and stopped.
(7) The National Intermodal Transportation System shall be
adapted to ‘‘intelligent vehicles’’, ‘‘magnetic levitation systems’’, and
other new technologies, wherever feasible and economical, with
benefit cost estimates given special emphasis on safety consider-
ations and techniques for cost allocation.
(8) When appropriate, the National Intermodal Transportation
System will be financed, as regards Government apportionments
and reimbursements, by the Highway Trust Fund. Financial assist-
ance will be provided to State and local governments and their
instrumentalities to help carry out national goals related to mobility
for elderly individuals, individuals with disabilities, and economi-
cally disadvantaged individuals.
(9) The National Intermodal Transportation System must be
the centerpiece of a national investment commitment to create
the new wealth of the United States for the 21st century.
(c) DISTRIBUTION AND POSTING.—The Secretary of Transpor-
tation shall distribute copies of the policy in subsections (a) and
(b) of this section to each employee of the Department of Transpor-
tation and ensure that the policy is posted in all offices of the
Department.
§ 5502. Intermodal Transportation Advisory Board
(a) ORGANIZATION.—The Intermodal Transportation Advisory
Board is a board in the Office of the Secretary of Transportation.
(b) MEMBERSHIP.—The Board consists of the Secretary, who
serves as chairman, and the Administrator, or the Administrator’s
designee, of—
(1) the Federal Highway Administration;
(2) the Federal Aviation Administration;
(3) the Maritime Administration;
(4) the Federal Railroad Administration; and
(5) the Federal Transit Administration.
H. R. 1758—106
(c) DUTIES AND POWERS.—The Board shall provide recommenda-
tions for carrying out the duties of the Secretary described in
section 301(3) of this title.
§ 5503. Office of Intermodalism
(a) ESTABLISHMENT.—The Secretary of Transportation shall
establish in the Office of the Secretary an Office of Intermodalism.
(b) DIRECTOR.—The head of the Office is a Director who shall
be appointed by the Secretary.
(c) DUTIES
AND POWERS.—The Director shall carry out the
duties of the Secretary described in section 301(3) of this title.
(d) INTERMODAL TRANSPORTATION DATA BASE.—(1) The Director
shall develop, maintain, and disseminate intermodal transportation
data through the Bureau of Transportation Statistics. The Director
shall coordinate the collection of data for the data base with the
States and metropolitan planning organizations. The data base
shall include information on—
(A) the volume of property and number of individuals car-
ried in intermodal transportation by relevant classification;
(B) patterns of movement of property and individuals in
intermodal transportation by relevant classification by origin
and destination; and
(C) public and private investment in intermodal transpor-
tation facilities and services.
(2) The Director shall make information from the data base
available to the public.
(e) RESEARCH.—The Director shall—
(1) coordinate United States Government research on inter-
modal transportation as provided in the plan developed under
section 6009(b) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (Public Law 102–240, 105 Stat. 2177); and
(2) carry out additional research needs identified by the
Director.
(f) TECHNICAL ASSISTANCE.—The Director shall provide tech-
nical assistance to States and to metropolitan planning organiza-
tions for urban areas having a population of at least 1,000,000
in collecting data related to intermodal transportation to facilitate
the collection of the data by States and metropolitan planning
organizations.
(g) ADMINISTRATIVE
AND CLERICAL SUPPORT.—The Director
shall provide administrative and clerical support to the Intermodal
Transportation Advisory Board.
§ 5504. Model intermodal transportation plans
(a) GRANTS.—The Secretary of Transportation shall make
grants to States to develop model State intermodal transportation
plans that are consistent with the policy set forth in section 302(e)
of this title. The model plans shall include systems for collecting
data related to intermodal transportation.
(b) DISTRIBUTION.—The Secretary shall award grants to States
under this section that represent a variety of geographic regions
and transportation needs, patterns, and modes.
(c) PLAN SUBMISSION.—As a condition to a State receiving a
grant under this section, the Secretary shall require that the State
provide assurances that the State will submit to the Secretary
a State intermodal transportation plan not later than 18 months
after the date of receipt of the grant.
H. R. 1758—107
(d) GRANT
AMOUNTS.—The Secretary shall reserve, from
amounts deducted under section 104(a) of title 23, $3,000,000 to
make grants under this section. The total amount that a State
may receive in grants under this section may not be more than
$500,000.
SUBCHAPTER II—TERMINALS
§ 5561. Definition
In this chapter, ‘‘civic and cultural activities’’ includes libraries,
musical and dramatic presentations, art exhibits, adult education
programs, public meeting places, and other facilities for carrying
on an activity any part of which is supported under a law of
the United States.
§ 5562. Assistance projects
(a) REQUIREMENTS TO PROVIDE ASSISTANCE.—The Secretary
of Transportation shall provide financial, technical, and advisory
assistance under this chapter to—
(1) promote, on a feasibility demonstration basis, the
conversion of at least 3 rail passenger terminals into intermodal
transportation terminals;
(2) preserve rail passenger terminals that reasonably are
likely to be converted or maintained pending preparation of
plans for their reuse;
(3) acquire and use space in suitable buildings of historic
or architectural significance but only if use of the space is
feasible and prudent when compared to available alternatives;
and
(4) encourage State and local governments, local and
regional transportation authorities, common carriers, philan-
thropic organizations, and other responsible persons to develop
plans to convert rail passenger terminals into intermodal
transportation terminals and civic and cultural activity centers.
(b) EFFECT ON ELIGIBILITY.—This chapter does not affect the
eligibility of any rail passenger terminal for preservation or reuse
assistance under another program or law.
(c) ACQUIRING SPACE.—The Secretary may acquire space under
subsection (a)(3) of this section only after consulting with the
Advisory Council on Historic Preservation and the Chairman of
the National Endowment for the Arts.
§ 5563. Conversion of certain rail passenger terminals
(a) AUTHORITY TO PROVIDE ASSISTANCE.—The Secretary of
Transportation may provide financial assistance to convert a rail
passenger terminal to an intermodal transportation terminal under
section 5562(a)(1) of this title only if—
(1) the terminal can be converted to accommodate other
modes of transportation the Secretary of Transportation decides
are appropriate, including—
(A) motorbus transportation;
(B) mass transit (rail or rubber tire); and
(C) airline ticket offices and passenger terminals
providing direct transportation to area airports;
(2) the terminal is listed on the National Register of His-
toric Places maintained by the Secretary of the Interior;
H. R. 1758—108
(3) the architectural integrity of the terminal will be pre-
served;
(4) to the extent practicable, the use of the terminal facili-
ties for transportation may be combined with use of those
facilities for other civic and cultural activities, especially when
another activity is recommended by—
(A) the Advisory Council on Historic Preservation;
(B) the Chairman of the National Endowment for the
Arts; or
(C) consultants retained under subsection (b) of this
section; and
(5) the terminal and the conversion project meet other
criteria prescribed by the Secretary of Transportation after
consultation with the Council and Chairman.
(b) ARCHITECTURAL INTEGRITY.—The Secretary of Transpor-
tation must employ consultants on whether the architectural integ-
rity of the rail passenger terminal will be preserved under sub-
section (a)(3) of this section. The Secretary may decide that the
architectural integrity will be preserved only if the consultants
concur. The Council and Chairman shall recommend consultants
to be employed by the Secretary. The consultants also may make
recommendations referred to in subsection (a)(4) of this section.
(c) GOVERNMENT’S
SHARE
OF
COSTS.—The Secretary of
Transportation may not make a grant under this section for more
than 80 percent of the total cost of converting a rail passenger
terminal into an intermodal transportation terminal.
§ 5564. Interim preservation of certain rail passenger termi-
nals
(a) GENERAL GRANT AUTHORITY.—Subject to subsection (b) of
this section, the Secretary of Transportation may make a grant
of financial assistance to a responsible person (including a govern-
mental authority) to preserve a rail passenger terminal under sec-
tion 5562(a)(2) of this title. To receive assistance under this section,
the person must be qualified, prepared, committed, and authorized
by law to maintain (and prevent the demolition, dismantling, or
further deterioration of) the terminal until plans for its reuse are
prepared.
(b) GRANT REQUIREMENTS.—The Secretary of Transportation
may make a grant of financial assistance under this section only
if—
(1) the Secretary decides the rail passenger terminal has
a reasonable likelihood of being converted to, or conditioned
for reuse as, an intermodal transportation terminal, a civic
or cultural activities center, or both; and
(2) planning activity directed toward conversion or reuse
has begun and is proceeding in a competent way.
(c) MAXIMIZING PRESERVATION
OF TERMINALS.—(1) Amounts
appropriated to carry out this section and section 5562(a)(2) of
this title shall be expended in the way most likely to maximize
the preservation of rail passenger terminals that are—
(A) reasonably capable of conversion to intermodal
transportation terminals;
H. R. 1758—109
(B) listed in the National Register of Historic Places main-
tained by the Secretary of the Interior; or
(C) recommended (on the basis of architectural integrity
and quality) by the Advisory Council on Historic Preservation
or the Chairman of the National Endowment for the Arts.
(2) The Secretary of Transportation may not make a grant
under this section for more than 80 percent of the total cost of
maintaining the terminal for an interim period of not more than
5 years.
§ 5565. Encouraging the development of plans for converting
rail passenger terminals
(a) GENERAL GRANT AUTHORITY.—The Secretary of Transpor-
tation may make a grant of financial assistance to a qualified
person (including a governmental authority) to encourage the devel-
opment of plans for converting a rail passenger terminal under
section 5562(a)(4) of this title. To receive assistance under this
section, the person must—
(1) be prepared to develop practicable plans that meet
zoning, land use, and other requirements of the applicable
State and local jurisdictions in which the terminal is located;
(2) incorporate into the designs and plans proposed for
converting the terminal, features that reasonably appear likely
to attract private investors willing to carry out the planned
conversion and its subsequent maintenance and operation; and
(3) complete the designs and plans for the conversion within
the period of time prescribed by the Secretary.
(b) PREFERENCE.—In making a grant under this section, the
Secretary of Transportation shall give preferential consideration
to an applicant whose completed designs and plans will be carried
out within 3 years after their completion.
(c) MAXIMIZING CONVERSION AND CONTINUED PUBLIC USE.—
(1) Amounts appropriated to carry out this section and section
5562(a)(4) of this title shall be expended in the way most likely
to maximize the conversion and continued public use of rail pas-
senger terminals that are—
(A) listed in the National Register of Historic Places main-
tained by the Secretary of the Interior; or
(B) recommended (on the basis of architectural integrity
and quality) by the Advisory Council on Historic Preservation
or the Chairman of the National Endowment for the Arts.
(2) The Secretary of Transportation may not make a grant
under this section for more than 80 percent of the total cost of
the project for which the financial assistance is provided.
§ 5566. Records and audits
(a) RECORD REQUIREMENTS.—Each recipient of financial assist-
ance under this chapter shall keep records required by the Secretary
of Transportation. The records shall disclose—
(1) the amount, and disposition by the recipient, of the
proceeds of the assistance;
(2) the total cost of the project for which the assistance
was given or used;
(3) the amount of that part of the cost of the project
supplied by other sources; and
H. R. 1758—110
(4) any other records that will make an effective audit
easier.
(b) AUDITS AND INSPECTIONS.—For 3 years after a project is
completed, the Secretary and the Comptroller General may audit
and inspect records of a recipient that the Secretary or Comptroller
General decides may be related or pertinent to the financial assist-
ance.
§ 5567. Preference for preserving buildings of historic or
architectural significance
Amtrak shall give preference to the use of rail passenger termi-
nal facilities that will preserve buildings of historic or architectural
significance.
§ 5568. Authorization of appropriations
(a) GENERAL.—The following amounts may be appropriated to
the Secretary of Transportation:
(1) not more than $15,000,000 to carry out section
5562(a)(1) and (3) of this title.
(2) not more than $2,500,000 to carry out section 5562(a)(2)
of this title.
(3) not more than $2,500,000 to carry out section 5562(a)(4)
of this title.
(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated to carry
out this chapter remain available until expended.
CHAPTER 57—SANITARY FOOD TRANSPORTATION
Sec.
5701.
Findings.
5702.
Definitions.
5703.
General regulation.
5704.
Tank trucks, rail tank cars, and cargo tanks.
5705.
Motor and rail transportation of nonfood products.
5706.
Dedicated vehicles.
5707.
Waiver authority.
5708.
Food transportation inspections.
5709.
Consultation.
5710.
Administrative.
5711.
Enforcement and penalties.
5712.
Relationship to other laws.
5713.
Application of sections 5711 and 5712.
5714.
Coordination procedures.
§ 5701. Findings
Congress finds that—
(1) the United States public is entitled to receive food
and other consumer products that are not made unsafe because
of certain transportation practices;
(2) the United States public is threatened by the transpor-
tation of products potentially harmful to consumers in motor
vehicles and rail vehicles that are used to transport food and
other consumer products; and
(3) the risks to consumers by those transportation practices
are unnecessary and those practices must be ended.
§ 5702. Definitions
In this chapter—
(1) ‘‘cosmetic’’, ‘‘device’’, ‘‘drug’’, ‘‘food’’, and ‘‘food additive’’
have the same meanings given those terms in section 201
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
H. R. 1758—111
(2) ‘‘nonfood product’’ means (individually or by class) a
material, substance, or product that is not a cosmetic, device,
drug, food, or food additive, or is deemed a nonfood product
under section 5703(a)(2) of this title, including refuse and solid
waste (as defined in section 1004 of the Solid Waste Disposal
Act (42 U.S.C. 6903)).
(3) ‘‘refuse’’ means discarded material that is, or is required
by law, to be transported to or disposed of in a landfill or
incinerator.
(4) ‘‘State’’ means a State of the United States, the District
of Columbia, Puerto Rico, the Northern Mariana Islands, the
Virgin Islands, American Samoa, Guam, and any other territory
or possession of the United States.
(5) ‘‘transports’’ and ‘‘transportation’’ mean any movement
of property in commerce (including intrastate commerce) by
motor vehicle or rail vehicle.
(6) ‘‘United States’’ means all of the States.
§ 5703. General regulation
(a) GENERAL REQUIREMENTS.—(1) Not later than July 31, 1991,
the Secretary of Transportation, after consultation required by sec-
tion 5709 of this title, shall prescribe regulations on the transpor-
tation of cosmetics, devices, drugs, food, and food additives in motor
vehicles and rail vehicles that are used to transport nonfood prod-
ucts that would make the cosmetics, devices, drugs, food, or food
additives unsafe to humans or animals.
(2) The Secretary shall deem a cosmetic, device, or drug to
be a nonfood product if—
(A) the cosmetic, device, or drug is transported in a motor
vehicle or rail vehicle before, or at the same time as, a food
or food additive; and
(B) transportation of the cosmetic, device, or drug would
make the food or food additive unsafe to humans or animals.
(b) SPECIAL REQUIREMENTS.—In prescribing regulations under
subsection (a)(1) of this section, the Secretary, after consultation
required by section 5709 of this title, shall establish requirements
for appropriate—
(1) recordkeeping, identification, marking, certification, or
other means of verification to comply with sections 5704–5706
of this title;
(2) decontamination, removal, disposal, and isolation to
comply with regulations carrying out sections 5704 and 5705
of this title; and
(3) material for the construction of tank trucks, rail tank
cars, cargo tanks, and accessory equipment to comply with
regulations carrying out section 5704 of this title.
(c) CONSIDERATIONS
AND
ADDITIONAL
REQUIREMENTS.—In
prescribing regulations under subsection (a)(1) of this section, the
Secretary, after consultation required by section 5709 of this title,
shall consider, and may establish requirements related to, each
of the following:
(1) the extent to which packaging or similar means of
protecting and isolating commodities are adequate to eliminate
or ameliorate the potential risks of transporting cosmetics,
devices, drugs, food, or food additives in motor vehicles or
rail vehicles used to transport nonfood products.
H. R. 1758—112
(2) appropriate compliance and enforcement measures to
carry out this chapter.
(3) appropriate minimum insurance or other liability
requirements for a person to whom this chapter applies.
(d) PACKAGES MEETING PACKAGING STANDARDS.—If the Sec-
retary finds packaging standards to be adequate, regulations under
subsection (a)(1) of this section may not apply to cosmetics, devices,
drugs, food, food additives, or nonfood products packaged in pack-
ages that meet the standards.
§ 5704. Tank trucks, rail tank cars, and cargo tanks
(a) PROHIBITIONS.—The regulations prescribed under section
5703(a)(1) of this title shall include provisions prohibiting a person
from—
(1) using, offering for use, or arranging for the use of
a tank truck, rail tank car, or cargo tank used in motor vehicle
or rail transportation of cosmetics, devices, drugs, food, or food
additives if the tank truck, rail tank car, or cargo tank is
used to transport a nonfood product, except a nonfood product
included in a list published under subsection (b) of this section;
(2) using, offering for use, or arranging for the use of
a tank truck or cargo tank to provide motor vehicle transpor-
tation of cosmetics, devices, drugs, food, food additives, or
nonfood products included in the list published under subsection
(b) of this section unless the tank truck or cargo tank is identi-
fied, by a permanent marking on the tank truck or cargo
tank, as transporting only cosmetics, devices, drugs, food, food
additives, or nonfood products included in the list;
(3) using, offering for use, or arranging for the use of
a tank truck or cargo tank to provide motor vehicle transpor-
tation of a nonfood product that is not included in the list
published under subsection (b) of this section if the tank truck
or cargo tank is identified, as provided in clause (2) of this
subsection, as a tank truck or cargo tank transporting only
cosmetics, devices, drugs, food, food additives, or nonfood prod-
ucts included in the list; or
(4) receiving, except for lawful disposal purposes, any cos-
metic, device, drug, food, food additive, or nonfood product
that has been transported in a tank truck or cargo tank in
violation of clause (2) or (3) of this subsection.
(b) LIST OF NONFOOD PRODUCTS NOT UNSAFE.—After consulta-
tion required by section 5709 of this title, the Secretary of Transpor-
tation shall publish in the Federal Register a list of nonfood prod-
ucts the Secretary decides do not make cosmetics, devices, drugs,
food, or food additives unsafe to humans or animals because of
transportation of the nonfood products in a tank truck, rail tank
car, or cargo tank used to transport cosmetics, devices, drugs,
food, or food additives. The Secretary may amend the list periodi-
cally by publication in the Federal Register.
(c) DISCLOSURE.—A person that arranges for the use of a tank
truck or cargo tank used in motor vehicle transportation for the
transportation of a cosmetic, device, drug, food, food additive, or
nonfood product shall disclose to the motor carrier or other appro-
priate person if the cosmetic, device, drug, food, food additive,
or nonfood product being transported is to be used—
(1) as, or in the preparation of, a food or food additive;
or
H. R. 1758—114
(2) would not be contrary to the public interest and this
chapter.
(b) PUBLICATION OF WAIVERS.—The Secretary shall publish in
the Federal Register any waiver and the reasons for the waiver.
§ 5708. Food transportation inspections
(a) GENERAL AUTHORITY.—For commercial motor vehicles, the
Secretary of Transportation may carry out this chapter and assist
in carrying out compatible State laws and regulations through
means that include inspections conducted by State employees that
are paid for with money authorized under section 31104 of this
title, if the recipient State agrees to assist in the enforcement
of this chapter or is enforcing compatible State laws and regulations.
(b) PROVIDING ASSISTANCE.—On the request of the Secretary
of Transportation, the Secretaries of Agriculture and Health and
Human Services, the Administrator of the Environmental Protection
Agency, and the heads of other appropriate departments, agencies,
and instrumentalities of the United States Government shall pro-
vide assistance, to the extent available, to the Secretary of Transpor-
tation to carry out this chapter, including assistance in the training
of personnel under a program established under subsection (c)
of this section.
(c) TRAINING PROGRAM.—After consultation required by section
5709 of this title and consultation with the heads of appropriate
State transportation and food safety authorities, the Secretary of
Transportation shall develop and carry out a training program
for inspectors to conduct vigorous enforcement of this chapter and
regulations prescribed under this chapter or compatible State laws
and regulations. As part of the training program, the inspectors,
including State inspectors or personnel paid with money authorized
under section 31104 of this title, shall be trained in the recognition
of adulteration problems associated with the transportation of
cosmetics, devices, drugs, food, and food additives and in the proce-
dures for obtaining assistance of the appropriate departments, agen-
cies, and instrumentalities of the Government and State authorities
to support the enforcement.
§ 5709. Consultation
As provided by sections 5703–5708 of this title, the Secretary
of Transportation shall consult with the Secretaries of Agriculture
and Health and Human Services and the Administrator of the
Environmental Protection Agency.
§ 5710. Administrative
The Secretary of Transportation has the same duties and pow-
ers in regulating transportation under this chapter as the Secretary
has under section 5121(a)–(c) (except subsection (c)(1)(A)) of this
title in regulating transportation under chapter 51 of this title.
§ 5711. Enforcement and penalties
(a) ACTIONS.—The Secretary of Transportation shall request
that a civil action be brought and take action to eliminate or
ameliorate an imminent hazard related to a violation of a regulation
prescribed or order issued under this chapter in the same way
and to the same extent as authorized by section 5122 of this
title.
H. R. 1758—115
(b) APPLICABLE PENALTIES AND PROCEDURES.—The penalties
and procedures in sections 5123 and 5124 of this title apply to
a violation of a regulation prescribed or order issued under this
chapter.
§ 5712. Relationship to other laws
Section 5125 of this title applies to the relationship between
this chapter and a requirement of a State, a political subdivision
of a State, or an Indian tribe.
§ 5713. Application of sections 5711 and 5712
Sections 5711 and 5712 of this title apply only to transportation
occurring on or after the date that regulations prescribed under
section 5703(a)(1) of this title are effective.
§ 5714. Coordination procedures
Not later than November 3, 1991, the Secretary of Transpor-
tation, after consultation with appropriate State officials, shall
establish procedures to promote more effective coordination between
the departments, agencies, and instrumentalities of the United
States Government and State authorities with regulatory authority
over motor carrier safety and railroad safety in carrying out and
enforcing this chapter.
CHAPTER 59—INTERMODAL SAFE CONTAINER
TRANSPORTATION
Sec.
5901.
Definitions.
5902.
Notifications and certifications.
5903.
Prohibitions.
5904.
State enforcement.
5905.
Liens.
5906.
Perishable agricultural commodities.
5907.
Regulations and effective date.
§ 5901. Definitions
In this chapter—
(1) the definitions in section 10102 of this title apply.
(2) ‘‘beneficial owner’’ means a person not having title
to property but having ownership rights in the property, includ-
ing a trustee of property in transit from an overseas place
of origin that is domiciled or doing business in the United
States, except that a carrier, agent of a carrier, broker, customs
broker, freight forwarder, warehouser, or terminal operator
is not a beneficial owner only because of providing or arranging
for any part of the intermodal transportation of property.
(3) ‘‘carrier’’ means—
(A) a motor carrier, water carrier, and rail carrier
providing transportation of property in commerce; and
(B) an ocean common carrier (as defined in section
3 of the Shipping Act of 1984 (46 App. U.S.C. 1702)) provid-
ing transportation of property in commerce.
(4) ‘‘container’’ has the meaning given the term ‘‘freight
container’’ by the International Standards Organization in
Series 1, Freight Containers, 3d Edition (reference number
ISO668–1979(E)), including successive revisions, and similar
containers that are used in providing transportation in inter-
state commerce.
H. R. 1758—116
(5) ‘‘first carrier’’ means the first carrier transporting a
loaded container or trailer in intermodal transportation.
(6) ‘‘intermodal transportation’’ means the successive
transportation of a loaded container or trailer from its place
of origin to its place of destination by more than one mode
of transportation in interstate or foreign commerce, whether
under a single bill of lading or under separate bills of lading.
(7) ‘‘trailer’’ means a nonpower, property-carrying, trailing
unit that is designed for use in combination with a truck
tractor.
§ 5902. Notifications and certifications
(a) PRIOR NOTIFICATION.—Before a person tenders to a first
carrier for intermodal transportation a loaded container or trailer
having a projected gross cargo weight of more than 10,000 pounds
(including packing material and pallets), the person shall give the
carrier a written notification of the gross cargo weight and a reason-
able description of the contents of the container or trailer. The
notification may be transmitted electronically.
(b) CERTIFICATION.—Not later than when a person tenders to
a first carrier for intermodal transportation a container or trailer
to which subsection (a) of this section applies or a loaded container
or trailer having an actual gross cargo weight of more than 10,000
pounds (including packing material and pallets), the person shall
certify to the carrier in writing the actual gross cargo weight and
a reasonable description of the contents of the container or trailer.
(c) FORWARDING CERTIFICATIONS TO SUBSEQUENT CARRIERS.—
A carrier, agent of a carrier, broker, customs broker, freight for-
warder, warehouser, or terminal operator shall forward the certifi-
cation provided under subsection (b) of this section to a subsequent
carrier transporting the container or trailer in intermodal transpor-
tation. The act of forwarding the certification may not be construed
as a verification or affirmation of the accuracy or completeness
of the information in the certification.
(d) NONAPPLICATION.—(1) Subsections (a) and (b) of this section
and section 5903(c) of this title do not apply to a carrier when
the carrier is transferring a loaded container or trailer to another
carrier during intermodal transportation, unless the carrier is also
the person tendering the loaded container or trailer to the first
carrier.
(2) A carrier, agent of a carrier, broker, customs broker, freight
forwarder, warehouser, or terminal operator is deemed not to be
a person tendering a loaded container or trailer to a first carrier
under this section, unless the carrier, agent, broker, customs broker,
freight forwarder, warehouser, or terminal operator assumes legal
responsibility for loading property into the container or trailer.
§ 5903. Prohibitions
(a) PROVIDING ERRONEOUS INFORMATION.—A person tendering
a loaded container or trailer may not provide erroneous information
in a certification required by section 5902(b) of this title.
(b) TRANSPORTING PRIOR TO RECEIVING CERTIFICATION.—A
motor carrier may not transport a loaded container or trailer to
which section 5902(b) of this title applies before receiving the certifi-
cation required by section 5902(b).
(c) UNLAWFUL COERCION.—(1) A person may not coerce or
attempt to coerce a person participating in intermodal transpor-
H. R. 1758—117
tation to transport a loaded container or trailer having an actual
gross cargo weight of more than 10,000 pounds (including packing
materials and pallets) before the certification required by section
5902(b) of this title is provided.
(2) A person, knowing that the weight of a loaded container
or trailer or the weight of a tractor-trailer combination carrying
the container or trailer is more than the weight allowed by
applicable State law, may not coerce or attempt to coerce a carrier
to transport the container or trailer or to operate the tractor-
trailer combination in violation of that State law.
§ 5904. State enforcement
(a) GENERAL.—A State may enact a law to permit the State
or a political subdivision of the State—
(1) to impose a fine or penalty, for a violation of a State
highway weight law or regulation by a tractor-trailer combina-
tion carrying a loaded container or trailer for which a certifi-
cation is required by section 5902(b) of this title, against the
person tendering the loaded container or trailer to the first
carrier if the violation results from the person’s having provided
erroneous information in the certification in violation of section
5903(a) of this title; and
(2) to impound the container or trailer until the fine or
penalty has been paid by the owner or beneficial owner of
the contents of the container or trailer or the person tendering
the loaded container or trailer to the first carrier.
(b) LIMITATION.—This chapter does not require a person ten-
dering a loaded container or trailer to a first carrier to ensure
that the first carrier or any other carrier involved in the intermodal
transportation will comply with any State highway weight law
or regulation, other than as required by this chapter.
§ 5905. Liens
(a) GENERAL.—If a person involved in the intermodal transpor-
tation of a loaded container or trailer for which a certification
is required by section 5902(b) of this title is required under State
law to post a bond or pay any fine, penalty, cost, or interest
resulting from providing erroneous information in the certification
to the first carrier in violation of section 5903(a) of this title,
the person has a lien against the contents equal to the amount
of the bond, fine, penalty, cost, or interest incurred, until the
person receives a payment of that amount from the owner or bene-
ficial owner of the contents or from the person responsible for
making the certification.
(b) LIMITATIONS.—(1) A lien under this section does not author-
ize a person to dispose of the contents of a loaded container or
trailer until the person who tendered the container or trailer to
the first carrier is given a reasonable opportunity to establish
responsibility for the bond, fine, penalty, cost, or interest.
(2) In this section, an owner or beneficial owner of the contents
of a container or trailer or a person tendering a container or
trailer to the first carrier is deemed not to be a person involved
in the intermodal transportation of the container or trailer.
§ 5906. Perishable agricultural commodities
Sections 5904(a)(2) and 5905 of this title do not apply to a
container or trailer the contents of which are perishable agricultural
H. R. 1758—118
commodities (as defined in the Perishable Agricultural Commodities
Act, 1930 (7 U.S.C. 499a et seq.)).
§ 5907. Regulations and effective date
(a) REGULATIONS.—Not later than July 25, 1993, the Secretary
of Transportation shall prescribe final regulations to enforce this
chapter. The Secretary may establish by regulation exemptions
to the regulations that are in the public interest and consistent
with the purposes of this chapter.
(b) EFFECTIVE DATE.—This chapter is effective on the date
final regulations to enforce this chapter are prescribed.
(e) Title 49, United States Code, is amended by adding the
following immediately after subtitle IV:
SUBTITLE V—RAIL PROGRAMS
PART A—SAFETY
CHAPTER
Sec.
201.
GENERAL ................................................................................................... 20101
203.
SAFETY APPLIANCES ............................................................................. 20301
205.
SIGNAL SYSTEMS .................................................................................... 20501
207.
LOCOMOTIVES ......................................................................................... 20701
209.
ACCIDENTS AND INCIDENTS ............................................................... 20901
211.
HOURS OF SERVICE ................................................................................ 21101
213.
PENALTIES ................................................................................................ 21301
PART B—ASSISTANCE
221.
LOCAL RAIL FREIGHT ASSISTANCE ................................................... 22101
PART C—PASSENGER TRANSPORTATION
241.
GENERAL ................................................................................................... 24101
243.
AMTRAK ..................................................................................................... 24301
245.
AMTRAK COMMUTER ............................................................................. 24501
247.
AMTRAK ROUTE SYSTEM ...................................................................... 24701
249.
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM ...................... 24901
PART D—MISCELLANEOUS
261.
LAW ENFORCEMENT .............................................................................. 26101
PART A—SAFETY
CHAPTER 201—GENERAL
SUBCHAPTER I—GENERAL
Sec.
20101.
Purpose.
20102.
Definitions.
20103.
General authority.
20104.
Emergency authority.
20105.
State participation.
20106.
National uniformity of regulation.
20107.
Inspection and investigation.
20108.
Research, development, testing, and training.
20109.
Employee protections.
20110.
Effect on employee qualifications and collective bargaining.
20111.
Enforcement by the Secretary of Transportation.
20112.
Enforcement by the Attorney General.
20113.
Enforcement by the States.
20114.
Judicial procedures.
20115.
User fees.
20116.
Annual report.
20117.
Authorization of appropriations.
SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY
20131.
Restricted access to rolling equipment.
H. R. 1758—119
20132.
Visible markers for rear cars.
20133.
Passenger equipment.
20134.
Grade crossings and railroad rights of way.
20135.
Licensing or certification of locomotive operators.
20136.
Automatic train control and related systems.
20137.
Event recorders.
20138.
Tampering with safety and operational monitoring devices.
20139.
Maintenance-of-way operations on railroad bridges.
20140.
Alcohol and controlled substances testing.
20141.
Power brake safety.
20142.
Track safety.
20143.
Locomotive visibility.
20144.
Blue signal protection for on-track vehicles.
SUBCHAPTER I—GENERAL
§ 20101. Purpose
The purpose of this chapter is to promote safety in every
area of railroad operations and reduce railroad-related accidents
and incidents.
§ 20102. Definitions
In this part—
(1) ‘‘railroad’’—
(A) means any form of nonhighway ground transpor-
tation that runs on rails or electromagnetic guideways,
including—
(i) commuter or other short-haul railroad pas-
senger service in a metropolitan or suburban area and
commuter railroad service that was operated by the
Consolidated Rail Corporation on January 1, 1979; and
(ii) high speed ground transportation systems that
connect metropolitan areas, without regard to whether
those systems use new technologies not associated with
traditional railroads; but
(B) does not include rapid transit operations in an
urban area that are not connected to the general railroad
system of transportation.
(2) ‘‘railroad carrier’’ means a person providing railroad
transportation.
§ 20103. General authority
(a) REGULATIONS
AND ORDERS.—The Secretary of Transpor-
tation, as necessary, shall prescribe regulations and issue orders
for every area of railroad safety supplementing laws and regulations
in effect on October 16, 1970.
(b) REGULATIONS OF PRACTICE FOR PROCEEDINGS.—The Sec-
retary shall prescribe regulations of practice applicable to each
proceeding under this chapter. The regulations shall reflect the
varying nature of the proceedings and include time limits for dis-
position of the proceedings. The time limit for disposition of a
proceeding may not be more than 12 months after the date it
begins.
(c) CONSIDERATION
OF
INFORMATION
AND
STANDARDS.—In
prescribing regulations and issuing orders under this section, the
Secretary shall consider existing relevant safety information and
standards.
(d) WAIVERS.—The Secretary may waive compliance with any
part of a regulation prescribed or order issued under this chapter
if the waiver is in the public interest and consistent with railroad
H. R. 1758—120
safety. The Secretary shall make public the reasons for granting
the waiver.
(e) HEARINGS.—The Secretary shall conduct a hearing as pro-
vided by section 553 of title 5 when prescribing a regulation or
issuing an order under this chapter, including a regulation or
order establishing, amending, or waiving compliance with a railroad
safety regulation prescribed or order issued under this chapter.
An opportunity for an oral presentation shall be provided.
§ 20104. Emergency authority
(a) ORDERING RESTRICTIONS AND PROHIBITIONS.—(1) If, through
testing, inspection, investigation, or research carried out under
this chapter, the Secretary of Transportation decides that an unsafe
condition or practice, or a combination of unsafe conditions and
practices, causes an emergency situation involving a hazard of
death or personal injury, the Secretary immediately may order
restrictions and prohibitions, without regard to section 20103(e)
of this title, that may be necessary to abate the situation.
(2) The order shall describe the condition or practice, or a
combination of conditions and practices, that causes the emergency
situation and prescribe standards and procedures for obtaining
relief from the order. This paragraph does not affect the Secretary’s
discretion under this section to maintain the order in effect for
as long as the emergency situation exists.
(b) REVIEW
OF ORDERS.—After issuing an order under this
section, the Secretary shall provide an opportunity for review of
the order under section 554 of title 5. If a petition for review
is filed and the review is not completed by the end of the 30-
day period beginning on the date the order was issued, the order
stops being effective at the end of that period unless the Secretary
decides in writing that the emergency situation still exists.
(c) CIVIL ACTIONS TO COMPEL ISSUANCE
OF ORDERS.—An
employee of a railroad carrier engaged in interstate or foreign
commerce who may be exposed to imminent physical injury during
that employment because of the Secretary’s failure, without any
reasonable basis, to issue an order under subsection (a) of this
section, or the employee’s authorized representative, may bring
a civil action against the Secretary in a district court of the United
States to compel the Secretary to issue an order. The action must
be brought in the judicial district in which the emergency situation
is alleged to exist, in which that employing carrier has its principal
executive office, or for the District of Columbia. The Secretary’s
failure to issue an order under subsection (a) of this section may
be reviewed only under section 706 of title 5.
§ 20105. State participation
(a) INVESTIGATIVE
AND SURVEILLANCE ACTIVITIES.—The Sec-
retary of Transportation may prescribe investigative and surveil-
lance activities necessary to enforce the safety regulations pre-
scribed and orders issued by the Secretary that apply to railroad
equipment, facilities, rolling stock, and operations in a State. The
State may participate in those activities when the safety practices
for railroad equipment, facilities, rolling stock, and operations in
the State are regulated by a State authority and the authority
submits to the Secretary an annual certification as provided in
subsection (b) of this section.
H. R. 1758—121
(b) ANNUAL CERTIFICATION.—(1) A State authority’s annual
certification must include—
(A) a certification that the authority—
(i) has regulatory jurisdiction over the safety practices
for railroad equipment, facilities, rolling stock, and oper-
ations in the State;
(ii) was given a copy of each safety regulation pre-
scribed and order issued by the Secretary, that applies
to the equipment, facilities, rolling stock, or operations,
as of the date of certification; and
(iii) is conducting the investigative and surveillance
activities prescribed by the Secretary under subsection (a)
of this section; and
(B) a report, in the form the Secretary prescribes by regula-
tion, that includes—
(i) the name and address of each railroad carrier sub-
ject to the safety jurisdiction of the authority;
(ii) each accident or incident reported during the prior
12 months by a railroad carrier involving a fatality, per-
sonal injury requiring hospitalization, or property damage
of more than $750 (or a higher amount prescribed by
the Secretary), and a summary of the authority’s investiga-
tion of the cause and circumstances surrounding the
accident or incident;
(iii) the record maintenance, reporting, and inspection
practices conducted by the authority to aid the Secretary
in enforcing railroad safety regulations prescribed and
orders issued by the Secretary, including the number of
inspections made of railroad equipment, facilities, rolling
stock, and operations by the authority during the prior
12 months; and
(iv) other information the Secretary requires.
(2) An annual certification applies to a safety regulation pre-
scribed or order issued after the date of the certification only
if the State authority submits an appropriate certification to provide
the necessary investigative and surveillance activities.
(3) If, after receipt of an annual certification, the Secretary
decides the State authority is not complying satisfactorily with
the investigative and surveillance activities prescribed under sub-
section (a) of this section, the Secretary may reject any part of
the certification or take other appropriate action to achieve adequate
enforcement. The Secretary must give the authority notice and
an opportunity for a hearing before taking action under this para-
graph. When the Secretary gives notice, the burden of proof is
on the authority to show that it is complying satisfactorily with
the investigative and surveillance activities prescribed by the Sec-
retary.
(c) AGREEMENT WHEN CERTIFICATION NOT RECEIVED.—(1) If
the Secretary does not receive an annual certification under sub-
section (a) of this section related to any railroad equipment, facility,
rolling stock, or operation, the Secretary may make an agreement
with a State authority for the authority to provide any part of
the investigative and surveillance activities prescribed by the Sec-
retary as necessary to enforce the safety regulations and orders
applicable to the equipment, facility, rolling stock, or operation.
(2) The Secretary may terminate any part of an agreement
made under this subsection on finding that the authority has not
H. R. 1758—122
provided every part of the investigative and surveillance activities
to which the agreement relates. The Secretary must give the author-
ity notice and an opportunity for a hearing before making such
a finding. The finding and termination shall be published in the
Federal Register and may not become effective for at least 15
days after the date of publication.
(d) AGREEMENT FOR INVESTIGATIVE AND SURVEILLANCE ACTIVI-
TIES.—In addition to providing for State participation under this
section, the Secretary may make an agreement with a State to
provide investigative and surveillance activities related to the Sec-
retary’s duties under chapters 203–213 of this title.
(e) PAYMENT.—On application by a State authority that has
submitted a certification under subsections (a) and (b) of this section
or made an agreement under subsection (c) or (d) of this section,
the Secretary shall pay not more than 50 percent of the cost
of the personnel, equipment, and activities of the authority needed,
during the next fiscal year, to carry out a safety program under
the certification or agreement. However, the Secretary may pay
an authority only when the authority assures the Secretary that
it will provide the remaining cost of the safety program and that
the total State money expended for the safety program, excluding
grants of the United States Government, will be at least as much
as the average amount expended for the fiscal years that ended
June 30, 1969, and June 30, 1970.
(f) MONITORING.—The Secretary may monitor State investiga-
tive and surveillance practices and carry out other inspections and
investigations necessary to help enforce this chapter.
§ 20106. National uniformity of regulation
Laws, regulations, and orders related to railroad safety shall
be nationally uniform to the extent practicable. A State may adopt
or continue in force a law, regulation, or order related to railroad
safety until the Secretary of Transportation prescribes a regulation
or issues an order covering the subject matter of the State require-
ment. A State may adopt or continue in force an additional or
more stringent law, regulation, or order related to railroad safety
when the law, regulation, or order—
(1) is necessary to eliminate or reduce an essentially local
safety hazard;
(2) is not incompatible with a law, regulation, or order
of the United States Government; and
(3) does not unreasonably burden interstate commerce.
§ 20107. Inspection and investigation
(a) GENERAL.—To carry out this part, the Secretary of Transpor-
tation may take actions the Secretary considers necessary, includ-
ing—
(1) conduct investigations, make reports, issue subpenas,
require the production of documents, take depositions, and
prescribe recordkeeping and reporting requirements; and
(2) delegate to a public entity or qualified person the inspec-
tion, examination, and testing of railroad equipment, facilities,
rolling stock, operations, and persons.
(b) ENTRY AND INSPECTION.—In carrying out this part, an offi-
cer, employee, or agent of the Secretary, at reasonable times and
in a reasonable way, may enter and inspect railroad equipment,
facilities, rolling stock, operations, and relevant records. When
H. R. 1758—123
requested, the officer, employee, or agent shall display proper
credentials. During an inspection, the officer, employee, or agent
is an employee of the United States Government under chapter
171 of title 28.
§ 20108. Research, development, testing, and training
(a) GENERAL.—The Secretary of Transportation shall carry out,
as necessary, research, development, testing, evaluation, and train-
ing for every area of railroad safety.
(b) CONTRACTS.—To carry out this part, the Secretary may
make contracts for, and carry out, research, development, testing,
evaluation, and training (particularly for those areas of railroad
safety found to need prompt attention).
(c) AMOUNTS FROM NON-GOVERNMENT SOURCES FOR TRAINING
SAFETY EMPLOYEES.—The Secretary may request, receive, and
expend amounts received from non-United States Government
sources for expenses incurred in training safety employees of private
industry, State and local authorities, or other public authorities,
except State rail safety inspectors participating in training under
section 20105 of this title.
§ 20109. Employee protections
(a) FILING COMPLAINTS AND TESTIFYING.—A railroad carrier
engaged in interstate or foreign commerce may not discharge or
in any way discriminate against an employee because the employee,
whether acting for the employee or as a representative, has—
(1) filed a complaint or brought or caused to be brought
a proceeding related to the enforcement of this part or, as
applicable to railroad safety, chapter 51 or 57 of this title;
or
(2) testified or will testify in that proceeding.
(b) REFUSING TO WORK BECAUSE OF HAZARDOUS CONDITIONS.—
(1) A railroad carrier engaged in interstate or foreign commerce
may not discharge or in any way discriminate against an employee
for refusing to work when confronted by a hazardous condition
related to the performance of the employee’s duties, if—
(A) the refusal is made in good faith and no reasonable
alternative to the refusal is available to the employee;
(B) a reasonable individual in the circumstances then
confronting the employee would conclude that—
(i) the hazardous condition presents an imminent dan-
ger of death or serious injury; and
(ii) the urgency of the situation does not allow sufficient
time to eliminate the danger through regular statutory
means; and
(C) the employee, where possible, has notified the carrier
of the hazardous condition and the intention not to perform
further work unless the condition is corrected immediately.
(2) This subsection does not apply to security personnel
employed by a carrier to protect individuals and property trans-
ported by railroad.
(c) DISPUTE RESOLUTION.—A dispute, grievance, or claim aris-
ing under this section is subject to resolution under section 3
of the Railway Labor Act (45 U.S.C. 153). In a proceeding by
the National Railroad Adjustment Board, a division or delegate
of the Board, or another board of adjustment established under
section 3 to resolve the dispute, grievance, or claim, the proceeding
H. R. 1758—124
shall be expedited and the dispute, grievance, or claim shall be
resolved not later than 180 days after it is filed. If the violation
is a form of discrimination that does not involve discharge, suspen-
sion, or another action affecting pay, and no other remedy is avail-
able under this subsection, the Board, division, delegate, or other
board of adjustment may award the employee reasonable damages,
including punitive damages, of not more than $20,000.
(d) ELECTION OF REMEDIES.—An employee of a railroad carrier
may not seek protection under both this section and another provi-
sion of law for the same allegedly unlawful act of the carrier.
(e) DISCLOSURE OF IDENTITY.—(1) Except as provided in para-
graph (2) of this subsection, or with the written consent of the
employee, the Secretary of Transportation may not disclose the
name of an employee of a railroad carrier who has provided informa-
tion about an alleged violation of this part or, as applicable to
railroad safety, chapter 51 or 57 of this title or a regulation pre-
scribed or order issued under any of those provisions.
(2) The Secretary shall disclose to the Attorney General the
name of an employee described in paragraph (1) of this subsection
if the matter is referred to the Attorney General for enforcement.
§ 20110. Effect on employee qualifications and collective
bargaining
This chapter does not—
(1) authorize the Secretary of Transportation to prescribe
regulations and issue orders related to qualifications of employ-
ees, except qualifications specifically related to safety; or
(2) prohibit the bargaining representatives of railroad car-
riers and their employees from making collective bargaining
agreements under the Railway Labor Act (45 U.S.C. 151 et
seq.), including agreements related to qualifications of employ-
ees, that are not inconsistent with regulations prescribed and
orders issued under this chapter.
§ 20111. Enforcement by the Secretary of Transportation
(a) EXCLUSIVE AUTHORITY.—The Secretary of Transportation
has exclusive authority—
(1) to impose and compromise a civil penalty for a violation
of a railroad safety regulation prescribed or order issued by
the Secretary;
(2) except as provided in section 20113 of this title, to
request an injunction for a violation of a railroad safety regula-
tion prescribed or order issued by the Secretary; and
(3) to recommend appropriate action be taken under section
20112(a) of this title.
(b) COMPLIANCE ORDERS.—The Secretary may issue an order
directing compliance with this part or with a railroad safety regula-
tion prescribed or order issued under this part.
(c) ORDERS
PROHIBITING
INDIVIDUALS
FROM
PERFORMING
SAFETY-SENSITIVE FUNCTIONS.—If an individual’s violation of a
regulation prescribed or order issued by the Secretary under this
chapter is shown to make that individual unfit for the performance
of safety-sensitive functions, the Secretary, after notice and oppor-
tunity for a hearing, may issue an order prohibiting the individual
from performing safety-sensitive functions in the railroad industry
for a specified period of time or until specified conditions are met.
H. R. 1758—125
This subsection does not affect the Secretary’s authority under
section 20104 of this title to act on an emergency basis.
(d) 
REGULATIONS
REQUIRING
REPORTING
OF
REMEDIAL
ACTIONS.—(1) The Secretary shall prescribe regulations to require
that a railroad carrier notified by the Secretary that imposition
of a civil penalty will be recommended for a failure to comply
with this part, chapter 51 or 57 of this title, or a regulation pre-
scribed or order issued under any of those provisions, shall report
to the Secretary, not later than the 30th day after the end of
the month in which the notification is received—
(A) actions taken to remedy the failure; or
(B) if appropriate remedial actions cannot be taken by
that 30th day, an explanation of the reasons for the delay.
(2) The Secretary—
(A) not later than June 3, 1993, shall issue a notice of
a regulatory proceeding for proposed regulations to carry out
this subsection; and
(B) not later than September 3, 1994, shall prescribe final
regulations to carry out this subsection.
§ 20112. Enforcement by the Attorney General
(a) CIVIL ACTIONS.—At the request of the Secretary of Transpor-
tation, the Attorney General may bring a civil action in a district
court of the United States—
(1) to enjoin a violation of, or to enforce, a railroad safety
regulation prescribed or order issued by the Secretary;
(2) to collect a civil penalty imposed or an amount agreed
on in compromise under section 21301 of this title; or
(3) to enforce a subpena issued by the Secretary under
this chapter.
(b) VENUE.—(1) Except as provided in paragraph (2) of this
subsection, a civil action under this section may be brought in
the judicial district in which the violation occurred or the defendant
has its principal executive office. If an action to collect a penalty
is against an individual, the action also may be brought in the
judicial district in which the individual resides.
(2) A civil action to enforce a subpena issued by the Secretary
or a compliance order issued under section 20111(b) of this title
may be brought in the judicial district in which the defendant
resides, does business, or is found.
§ 20113.
Enforcement by the States
(a) INJUNCTIVE RELIEF.—If the Secretary of Transportation does
not begin a civil action under section 20112 of this title to enjoin
the violation of a railroad safety regulation prescribed or order
issued by the Secretary not later than 15 days after the date
the Secretary receives notice of the violation and a request from
a State authority participating in investigative and surveillance
activities under section 20105 of this title that the action be brought,
the authority may bring a civil action in a district court of the
United States to enjoin the violation. This subsection does not
apply if the Secretary makes an affirmative written finding that
the violation did not occur or that the action is not necessary
because of other enforcement action taken by the Secretary related
to the violation.
(b) IMPOSITION AND COLLECTION OF CIVIL PENALTIES.—If the
Secretary does not impose the applicable civil penalty for a violation
H. R. 1758—126
of a railroad safety regulation prescribed or order issued by the
Secretary not later than 60 days after the date of receiving notice
from a State authority participating in investigative and surveil-
lance activities under section 20105 of this title, the authority
may bring a civil action in a district court of the United States
to impose and collect the penalty. This paragraph does not apply
if the Secretary makes an affirmative written finding that the
violation did not occur.
(c) VENUE.—A civil action under this section may be brought
in the judicial district in which the violation occurred or the defend-
ant has its principal executive office. However, a State authority
may not bring an action under this section outside the State.
§ 20114. Judicial procedures
(a) CRIMINAL CONTEMPT.—In a trial for criminal contempt for
violating an injunction or restraining order issued under this chap-
ter, the violation of which is also a violation of this chapter, the
defendant may demand a jury trial. The defendant shall be tried
as provided in rule 42(b) of the Federal Rules of Criminal Procedure
(18 App. U.S.C.).
(b) SUBPENAS
FOR
WITNESSES.—A subpena for a witness
required to attend a district court of the United States in an
action brought under this chapter may be served in any judicial
district.
(c) REVIEW OF AGENCY ACTION.—Except as provided in section
20104(c) of this title, a proceeding to review a final action of the
Secretary of Transportation under this part or, as applicable to
railroad safety, chapter 51 or 57 of this title shall be brought
in the appropriate court of appeals as provided in chapter 158
of title 28.
§ 20115. User fees
(a) SCHEDULE OF FEES.—The Secretary of Transportation shall
prescribe by regulation a schedule of fees for railroad carriers
subject to this chapter. The fees—
(1) shall cover the costs of carrying out this chapter (except
section 20108(a));
(2) shall be imposed fairly on the railroad carriers, in
reasonable relationship to an appropriate combination of cri-
teria such as revenue ton-miles, track miles, passenger miles,
or other relevant factors; and
(3) may not be based on that part of industry revenues
attributable to a railroad carrier or class of railroad carriers.
(b) COLLECTION PROCEDURES.—The Secretary shall prescribe
procedures to collect the fees. The Secretary may use the services
of a department, agency, or instrumentality of the United States
Government or of a State or local authority to collect the fees,
and may reimburse the department, agency, or instrumentality
a reasonable amount for its services.
(c) COLLECTION, DEPOSIT, AND USE.—(1) The Secretary shall
impose and collect fees under this section for each fiscal year
before the end of the fiscal year.
(2) Fees collected under this section shall be deposited in the
general fund of the Treasury as offsetting receipts. The fees may
be used, to the extent provided in advance in an appropriation
law, only to carry out this chapter.
H. R. 1758—127
(3) Fees prescribed under this section shall be imposed in
an amount sufficient to pay for the costs of activities under this
chapter. However, the total fees received for a fiscal year may
not be more than 105 percent of the total amount of the appropria-
tions for the fiscal year for activities to be financed by the fees.
(d) ANNUAL REPORT.—(1) Not later than 90 days after the
end of each fiscal year in which fees are collected under this
section, the Secretary shall report to Congress on—
(A) the amount of fees collected during that fiscal year;
(B) the impact of the fees on the financial health of the
railroad industry and its competitive position relative to each
competing mode of transportation; and
(C) the total cost of Government safety activities for each
other competing mode of transportation, including any part
of that total cost defrayed by Government user fees.
(2) Not later than 90 days after submitting a report for a
fiscal year, the Secretary shall submit to Congress recommendations
for corrective legislation if the report includes a finding that—
(A) there has been an impact from the fees on the financial
health of the railroad industry or its competitive position rel-
ative to each competing mode of transportation; or
(B) there is a significant difference in the burden of Govern-
ment user fees on the railroad industry and other competing
modes of transportation.
(e) EXPIRATION.—This section expires on September 30, 1995.
§ 20116. Annual report
The Secretary of Transportation shall submit to the President
for submission to Congress not later than July 1 of each year
a report on carrying out this chapter for the prior calendar year.
The report shall include the following information about the prior
year:
(1) a thorough statistical compilation of railroad accidents,
incidents, and casualties by cause.
(2) a list of railroad safety regulations and orders pre-
scribed, issued, or in effect under this chapter.
(3) a summary of the reasons for each waiver granted
under section 20103(d) of this title.
(4) an evaluation of the degree of compliance with railroad
safety regulations prescribed and orders issued under this
chapter.
(5) a summary of outstanding problems in carrying out
railroad safety regulations prescribed and orders issued under
this chapter, in order of priority.
(6) an analysis and evaluation of research and related
activities completed, including their policy implications, and
technological progress achieved.
(7) a list, with a brief statement of the issues, of completed
or pending civil actions to enforce railroad safety regulations
prescribed and orders issued under this chapter.
(8) the extent to which technical information was distrib-
uted to the scientific community and consumer-oriented
information was made available to the public.
(9) a compilation of certifications filed under section
20105(a) of this title that were—
(A) in effect; or
H. R. 1758—128
(B) rejected in any part by the Secretary, and a sum-
mary of the reasons for each rejection.
(10) a compilation of agreements made under section
20105(c) of this title that were—
(A) in effect; or
(B) terminated in any part by the Secretary, and a
summary of the reasons for each termination.
(11) recommendations for legislation the Secretary consid-
ers necessary to strengthen the national railroad safety
program.
§ 20117. Authorization of appropriations
(a) GENERAL.—(1) Not more than the following amounts may
be appropriated to the Secretary of Transportation to carry out
this chapter:
(A) $68,283,000 for the fiscal year ending September 30,
1993.
(B) $71,690,000 for the fiscal year ending September 30,
1994.
(2) Not more than $5,000,000 may be appropriated to the Sec-
retary for the fiscal year ending September 30, 1993, to carry
out section 20105 of this title.
(b) GRADE CROSSING SAFETY.—Not more than $1,000,000 may
be appropriated to the Secretary for improvements in grade crossing
safety, except demonstration projects under section 20134(c) of this
title. Amounts appropriated under this subsection remain available
until expended.
(c) RESEARCH AND DEVELOPMENT, AUTOMATED TRACK INSPEC-
TION, AND STATE PARTICIPATION GRANTS.—Amounts appropriated
under this section for research and development, automated track
inspection, and grants under section 20105(e) of this title remain
available until expended.
(d) MINIMUM AVAILABLE FOR CERTAIN PURPOSES.—At least 50
percent of the amounts appropriated to the Secretary for a fiscal
year to carry out railroad research and development programs
under this chapter or another law shall be available for safety
research, improved track inspection and information acquisition
technology, improved railroad freight transportation, and improved
railroad passenger systems.
SUBCHAPTER II—PARTICULAR ASPECTS OF SAFETY
§ 20131. Restricted access to rolling equipment
The Secretary of Transportation shall prescribe regulations and
issue orders that may be necessary to require that when railroad
carrier employees (except train or yard crews) assigned to inspect,
test, repair, or service rolling equipment have to work on, under,
or between that equipment, every manually operated switch, includ-
ing each crossover switch, providing access to the track on which
the equipment is located is lined against movement to that track
and secured by an effective locking device that can be removed
only by the class or craft of employees performing the inspection,
testing, repair, or service.
H. R. 1758—129
§ 20132. Visible markers for rear cars
(a) GENERAL.—The Secretary of Transportation shall prescribe
regulations and issue orders that may be necessary to require
that—
(1) the rear car of each passenger and commuter train
has at least one highly visible marker that is lighted during
darkness and when weather conditions restrict clear visibility;
and
(2) the rear car of each freight train has highly visible
markers during darkness and when weather conditions restrict
clear visibility.
(b) PREEMPTION.—Notwithstanding section 20106 of this title,
subsection (a) of this section does not prohibit a State from continu-
ing in force a law, regulation, or order in effect on July 8, 1976,
related to lighted markers on the rear car of a freight train except
to the extent it would cause the car to be in violation of this
section.
§ 20133. Passenger equipment
(a) GENERAL.—The Secretary of Transportation shall prescribe
regulations and issue orders that may be necessary to ensure that
the construction, maintenance, and operation of railroad equipment
used to transport railroad passengers, whether in commuter or
intercity service, maximize the safety of those passengers. The
Secretary periodically shall review the regulations and orders and
make amendments that may be necessary.
(b) CONSIDERATIONS
AND
AREAS
OF
CONCENTRATION.—In
prescribing regulations, issuing orders, and making amendments
under this section, the Secretary shall—
(1) consider comparable regulations and procedures of the
United States Government that apply to other modes of
transportation, especially those regulations and procedures
carried out by the Administrator of the Federal Aviation
Administration;
(2) consider relevant differences between commuter and
intercity passenger service;
(3) concentrate on those areas that the Secretary believes
present the greatest opportunity for enhancing the safety of
the equipment; and
(4) give significant weight to the expenditures that would
be necessary to retrofit existing equipment and to change speci-
fications for equipment on order.
(c) CONSULTATION.—In prescribing regulations, issuing orders,
and making amendments under this section, the Secretary may
consult with Amtrak, public authorities operating railroad pas-
senger service, other railroad carriers transporting passengers,
organizations of passengers, and organizations of employees. A con-
sultation is not subject to the Federal Advisory Committee Act
(5 App. U.S.C.), but minutes of the consultation shall be placed
in the public docket of the regulatory proceeding.
§ 20134. Grade crossings and railroad rights of way
(a) GENERAL.—To the extent practicable, the Secretary of
Transportation shall maintain a coordinated effort to develop and
carry out solutions to the railroad grade crossing problem and
measures to protect pedestrians in densely populated areas along
railroad rights of way. To carry out this subsection, the Secretary
H. R. 1758—130
may use the authority of the Secretary under this chapter and
over highway, traffic, and motor vehicle safety and over highway
construction.
(b) SIGNAL SYSTEMS AND OTHER DEVICES.—Not later than June
22, 1989, the Secretary shall prescribe regulations and issue orders
to ensure the safe maintenance, inspection, and testing of signal
systems and devices at railroad highway grade crossings.
(c) DEMONSTRATION PROJECTS.—(1) The Secretary shall estab-
lish demonstration projects to evaluate whether accidents and
incidents involving trains would be reduced by—
(A) reflective markers installed on the road surface or
on a signal post at railroad grade crossings;
(B) stop signs or yield signs installed at grade crossings;
and
(C) speed bumps or rumble strips installed on the road
surfaces at the approaches to grade crossings.
(2) Not later than June 22, 1990, the Secretary shall submit
a report on the results of the demonstration projects to the Commit-
tee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate.
§ 20135. Licensing or certification of locomotive operators
(a) GENERAL.—The Secretary of Transportation shall prescribe
regulations and issue orders to establish a program requiring the
licensing or certification, after one year after the program is estab-
lished, of any operator of a locomotive.
(b) PROGRAM REQUIREMENTS.—The program established under
subsection (a) of this section—
(1) shall be carried out through review and approval of
each railroad carrier’s operator qualification standards;
(2) shall provide minimum training requirements;
(3) shall require comprehensive knowledge of applicable
railroad carrier operating practices and rules;
(4) except as provided in subsection (c)(1) of this section,
shall require consideration, to the extent the information is
available, of the motor vehicle driving record of each individual
seeking licensing or certification, including—
(A) any denial, cancellation, revocation, or suspension
of a motor vehicle operator’s license by a State for cause
within the prior 5 years; and
(B) any conviction within the prior 5 years of an offense
described in section 30304(a)(3) (A) or (B) of this title;
(5) may require, based on the individual’s driving record,
disqualification or the granting of a license or certification
conditioned on requirements the Secretary prescribes; and
(6) shall require an individual seeking a license or certifi-
cation—
(A) to request the chief driver licensing official of each
State in which the individual has held a motor vehicle
operator’s license within the prior 5 years to provide
information about the individual’s driving record to the
individual’s employer, prospective employer, or the Sec-
retary, as the Secretary requires; and
(B) to make the request provided for in section
30305(b)(4) of this title for information to be sent to the
H. R. 1758—131
individual’s employer, prospective employer, or the Sec-
retary, as the Secretary requires.
(c) WAIVERS.—(1) The Secretary shall prescribe standards and
establish procedures for waiving subsection (b)(4) of this section
for an individual or class of individuals who the Secretary decides
are not currently unfit to operate a locomotive. However, the Sec-
retary may waive subsection (b)(4) for an individual or class of
individuals with a conviction, cancellation, revocation, or suspension
described in paragraph (2) (A) or (B) of this subsection only if
the individual or class, after the conviction, cancellation, revocation,
or suspension, successfully completes a rehabilitation program
established by a railroad carrier or approved by the Secretary.
(2) If an individual, after the conviction, cancellation, revoca-
tion, or suspension, successfully completes a rehabilitation program
established by a railroad carrier or approved by the Secretary,
the individual may not be denied a license or certification under
subsection (b)(4) of this section because of—
(A) a conviction for operating a motor vehicle when under
the influence of, or impaired by, alcohol or a controlled sub-
stance; or
(B) the cancellation, revocation, or suspension of the
individual’s motor vehicle operator’s license for operating a
motor vehicle when under the influence of, or impaired by,
alcohol or a controlled substance.
(d) OPPORTUNITY FOR HEARING.—An individual denied a license
or certification or whose license or certification is conditioned on
requirements prescribed under subsection (b)(4) of this section shall
be entitled to a hearing under section 20103(e) of this title to
decide whether the license has been properly denied or conditioned.
(e) OPPORTUNITY
TO EXAMINE
AND COMMENT
ON INFORMA-
TION.—The Secretary, employer, or prospective employer, as appro-
priate, shall make information obtained under subsection (b)(6)
of this section available to the individual. The individual shall
be given an opportunity to comment in writing about the informa-
tion. Any comment shall be included in any record or file maintained
by the Secretary, employer, or prospective employer that contains
information to which the comment is related.
§ 20136. Automatic train control and related systems
The Secretary of Transportation shall prescribe regulations and
issue orders to require that—
(1) an individual performing a test of an automatic train
stop, train control, or cab signal apparatus required by the
Secretary to be performed before entering territory where the
apparatus will be used shall certify in writing that the test
was performed properly; and
(2) the certification required under clause (1) of this sub-
section shall be maintained in the same way and place as
the daily inspection report for the locomotive.
§ 20137. Event recorders
(a) DEFINITION.—In this section, ‘‘event recorder’’ means a
device that—
(1) records train speed, hot box detection, throttle position,
brake application, brake operations, and any other function
the Secretary of Transportation considers necessary to record
H. R. 1758—132
to assist in monitoring the safety of train operation, such as
time and signal indication; and
(2) is designed to resist tampering.
(b) REGULATIONS AND ORDERS.—Not later than December 22,
1989, the Secretary shall prescribe regulations and issue orders
that may be necessary to enhance safety by requiring that a train
be equipped with an event recorder not later than one year after
the regulations are prescribed and the orders are issued. However,
if the Secretary finds it is impracticable to equip trains within
that one-year period, the Secretary may extend the period to a
date that is not later than 18 months after the regulations are
prescribed and the orders are issued.
§ 20138. Tampering with safety and operational monitoring
devices
(a) GENERAL.—The Secretary of Transportation shall prescribe
regulations and issue orders to prohibit the willful tampering with,
or disabling of, any specified railroad safety or operational monitor-
ing device.
(b) PENALTIES.—(1) A railroad carrier operating a train on
which a safety or operational monitoring device is tampered with
or disabled in violation of a regulation prescribed or order issued
under subsection (a) of this section is liable to the United States
Government for a civil penalty under section 21301 of this title.
(2) An individual tampering with or disabling a safety or oper-
ational monitoring device in violation of a regulation prescribed
or order issued under subsection (a) of this section, or knowingly
operating or allowing to be operated a train on which such a
device has been tampered with or disabled, is liable for penalties
established by the Secretary. The penalties may include—
(A) a civil penalty under section 21301 of this title;
(B) suspension from work; and
(C) suspension or loss of a license or certification issued
under section 20135 of this title.
§ 20139. Maintenance-of-way operations on railroad bridges
Not later than June 22, 1989, the Secretary of Transportation
shall prescribe regulations and issue orders for the safety of mainte-
nance-of-way employees on railroad bridges. The Secretary at least
shall provide in those regulations standards for bridge safety equip-
ment, including nets, walkways, handrails, and safety lines, and
requirements for the use of vessels when work is performed on
bridges located over bodies of water.
§ 20140. Alcohol and controlled substances testing
(a) DEFINITION.—In this section, ‘‘controlled substance’’ means
any substance under section 102 of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 802) specified by
the Secretary of Transportation.
(b) GENERAL.—(1) In the interest of safety, the Secretary of
Transportation shall prescribe regulations and issue orders, not
later than October 28, 1992, related to alcohol and controlled sub-
stances use in railroad operations. The regulations shall establish
a program requiring—
(A) a railroad carrier to conduct preemployment, reasonable
suspicion, random, and post-accident testing of all railroad
employees responsible for safety-sensitive functions (as decided
H. R. 1758—133
by the Secretary) for the use of alcohol or a controlled substance
in violation of law or a United States Government regulation;
and
(B) when the Secretary considers it appropriate, disquali-
fication for an established period of time or dismissal of any
employee found—
(i) to have used or been impaired by alcohol when
on duty; or
(ii) to have used a controlled substance, whether or
not on duty, except as allowed for medical purposes by
law or a regulation or order under this chapter.
(2) When the Secretary of Transportation considers it appro-
priate in the interest of safety, the Secretary may prescribe regula-
tions and issue orders requiring railroad carriers to conduct periodic
recurring testing of railroad employees responsible for safety-sen-
sitive functions (as decided by the Secretary) for the use of alcohol
or a controlled substance in violation of law or a Government
regulation.
(c) TESTING AND LABORATORY REQUIREMENTS.—In carrying out
this section, the Secretary of Transportation shall develop require-
ments that shall—
(1) promote, to the maximum extent practicable, individual
privacy in the collection of specimens;
(2) for laboratories and testing procedures for controlled
substances, incorporate the Department of Health and Human
Services scientific and technical guidelines dated April 11, 1988,
and any amendments to those guidelines, including mandatory
guidelines establishing—
(A) comprehensive standards for every aspect of labora-
tory controlled substances testing and laboratory proce-
dures to be applied in carrying out this section, including
standards requiring the use of the best available technology
to ensure the complete reliability and accuracy of controlled
substances tests and strict procedures governing the chain
of custody of specimens collected for controlled substances
testing;
(B) the minimum list of controlled substances for which
individuals may be tested; and
(C) appropriate standards and procedures for periodic
review of laboratories and criteria for certification and rev-
ocation of certification of laboratories to perform controlled
substances testing in carrying out this section;
(3) require that a laboratory involved in controlled sub-
stances testing under this section have the capability and facil-
ity, at the laboratory, of performing screening and confirmation
tests;
(4) provide that all tests indicating the use of alcohol or
a controlled substance in violation of law or a Government
regulation be confirmed by a scientifically recognized method
of testing capable of providing quantitative information about
alcohol or a controlled substance;
(5) provide that each specimen be subdivided, secured,
and labeled in the presence of the tested individual and that
a part of the specimen be retained in a secure manner to
prevent the possibility of tampering, so that if the individual’s
confirmation test results are positive the individual has an
opportunity to have the retained part tested by a 2d confirma-
H. R. 1758—134
tion test done independently at another certified laboratory
if the individual requests the 2d confirmation test not later
than 3 days after being advised of the results of the first
confirmation test;
(6) ensure appropriate safeguards for testing to detect and
quantify alcohol in breath and body fluid samples, including
urine and blood, through the development of regulations that
may be necessary and in consultation with the Secretary of
Health and Human Services;
(7) provide for the confidentiality of test results and medical
information (other than information about alcohol or a con-
trolled substance) of employees, except that this clause does
not prevent the use of test results for the orderly imposition
of appropriate sanctions under this section; and
(8) ensure that employees are selected for tests by non-
discriminatory and impartial methods, so that no employee
is harassed by being treated differently from other employees
in similar circumstances.
(d) REHABILITATION.—The Secretary of Transportation shall
prescribe regulations or issue orders establishing requirements for
rehabilitation programs that at least provide for the identification
and opportunity for treatment of railroad employees responsible
for safety-sensitive functions (as decided by the Secretary) in need
of assistance in resolving problems with the use of alcohol or a
controlled substance in violation of law or a Government regulation.
The Secretary shall decide on the circumstances under which
employees shall be required to participate in a program. Each
railroad carrier is encouraged to make such a program available
to all of its employees in addition to employees responsible for
safety-sensitive functions. This subsection does not prevent a rail-
road carrier from establishing a program under this subsection
in cooperation with another railroad carrier.
(e) INTERNATIONAL OBLIGATIONS AND FOREIGN LAWS AND REGU-
LATIONS.—In carrying out this section, the Secretary of Transpor-
tation—
(1) shall establish only requirements that are consistent
with international obligations of the United States; and
(2) shall consider applicable laws and regulations of foreign
countries.
(f) OTHER REGULATIONS ALLOWED.—This section does not pre-
vent the Secretary of Transportation from continuing in effect,
amending, or further supplementing a regulation prescribed or order
issued before October 28, 1991, governing the use of alcohol or
a controlled substance in railroad operations.
§ 20141. Power brake safety
(a) REVIEW AND REVISION OF EXISTING REGULATIONS.—The Sec-
retary of Transportation shall review existing regulations on rail-
road power brakes and, not later than December 31, 1993, revise
the regulations based on safety information presented during the
review. Where applicable, the Secretary shall prescribe regulations
that establish standards on dynamic braking equipment.
(b) 2-WAY END-OF-TRAIN DEVICES.—(1) The Secretary shall
require 2-way end-of-train devices (or devices able to perform the
same function) on road trains, except locals, road switchers, or
work trains, to enable the initiation of emergency braking from
the rear of a train. The Secretary shall prescribe regulations as
H. R. 1758—135
soon as possible, but not later than December 31, 1993, requiring
the 2-way end-of-train devices. The regulations at least shall—
(A) 
establish 
standards 
for 
the 
devices 
based 
on
performance;
(B) prohibit a railroad carrier, on or after the date that
is one year after the regulations are prescribed, from acquiring
any end-of-train device for use on trains that is not a 2-way
device meeting the standards established under clause (A) of
this paragraph;
(C) require that the trains be equipped with 2-way end-
of-train devices meeting those standards not later than 4 years
after the regulations are prescribed; and
(D) provide that any 2-way end-of-train device acquired
for use on trains before the regulations are prescribed shall
be deemed to meet the standards.
(2) The Secretary may consider petitions to amend the regula-
tions prescribed under paragraph (1) of this subsection to allow
the use of alternative technologies that meet the same basic
performance requirements established by the regulations.
(3) In developing the regulations required by paragraph (1)
of this subsection, the Secretary shall consider information pre-
sented under subsection (a) of this section.
(c) EXCLUSIONS.—The Secretary may exclude from regulations
prescribed under subsections (a) and (b) of this section any category
of trains or rail operations if the Secretary decides that the exclusion
is in the public interest and is consistent with railroad safety.
The Secretary shall make public the reasons for the exclusion.
The Secretary at least shall exclude from the regulations prescribed
under subsection (b)—
(1) trains that have manned cabooses;
(2) passenger trains with emergency brakes;
(3) trains that operate only on track that is not part of
the general railroad system;
(4) trains that do not exceed 30 miles an hour and do
not operate on heavy grades, except for any categories of trains
specifically designated by the Secretary; and
(5) trains that operate in a push mode.
§ 20142. Track safety
(a) REVIEW OF EXISTING REGULATIONS.—Not later than March
3, 1993, the Secretary of Transportation shall begin a review of
Department of Transportation regulations related to track safety
standards. The review at least shall include an evaluation of—
(1) procedures associated with maintaining and installing
continuous welded rail and its attendant structure;
(2) the need for revisions to regulations on track excepted
from track safety standards; and
(3) employee safety.
(b) REVISION OF REGULATIONS.—Not later than September 3,
1994, the Secretary shall prescribe regulations and issue orders
to revise track safety standards, considering safety information
presented during the review under subsection (a) of this section
and the report of the Comptroller General submitted under sub-
section (c) of this section.
(c) 
COMPTROLLER
GENERAL’S
STUDY
AND
REPORT.—The
Comptroller General shall study the effectiveness of the Secretary’s
enforcement of track safety standards, with particular attention
H. R. 1758—136
to recent relevant railroad accident experience and information.
Not later than September 3, 1993, the Comptroller General shall
submit a report to Congress and the Secretary on the results
of the study, with recommendations for improving enforcement of
those standards.
§ 20143. Locomotive visibility
(a) DEFINITION.—In this section, ‘‘locomotive visibility’’ means
the enhancement of day and night visibility of the front end unit
of a train, considering in particular the visibility and perspective
of a driver of a motor vehicle at a grade crossing.
(b) INTERIM REGULATIONS.—Not later than December 31, 1992,
the Secretary of Transportation shall prescribe temporary regula-
tions identifying ditch, crossing, strobe, and oscillating lights as
temporary locomotive visibility measures and authorizing and
encouraging the installation and use of those lights. Subchapter
II of chapter 5 of title 5 does not apply to a temporary regulation
or to an amendment to a temporary regulation.
(c) REVIEW OF REGULATIONS.—The Secretary shall review the
Secretary’s regulations on locomotive visibility. Not later than
December 31, 1993, the Secretary shall complete the current
research of the Department of Transportation on locomotive visi-
bility. In conducting the review, the Secretary shall collect relevant
information from operational experience by rail carriers using
enhanced visibility measures.
(d) REGULATORY PROCEEDING.—Not later than June 30, 1994,
the Secretary shall begin a regulatory proceeding to prescribe final
regulations requiring substantially enhanced locomotive visibility
measures. In the proceeding, the Secretary shall consider at least—
(1) revisions to the existing locomotive headlight standards,
including standards for placement and intensity;
(2) requiring the use of reflective material to enhance loco-
motive visibility;
(3) requiring the use of additional alerting lights, including
ditch, crossing, strobe, and oscillating lights;
(4) requiring the use of auxiliary lights to enhance loco-
motive visibility when viewed from the side;
(5) the effect of an enhanced visibility measure on the
vision, health, and safety of train crew members; and
(6) separate standards for self-propelled, push-pull, and
multi-unit passenger operations without a dedicated head end
locomotive.
(e) FINAL REGULATIONS.—(1) Not later than June 30, 1995,
the Secretary shall prescribe final regulations requiring enhanced
locomotive visibility measures. The Secretary shall require that
not later than December 31, 1997, a locomotive not excluded from
the regulations be equipped with temporary visibility measures
under subsection (b) of this section or the visibility measures the
final regulations require.
(2) In prescribing regulations under paragraph (1) of this sub-
section, the Secretary may exclude a category of trains or rail
operations from a specific visibility requirement if the Secretary
decides the exclusion is in the public interest and is consistent
with rail safety, including grade-crossing safety.
(3) A locomotive equipped with temporary visibility measures
prescribed under subsection (b) of this section when final regulations
are prescribed under paragraph (1) of this subsection is deemed
H. R. 1758—137
to be complying with the final regulations for 4 years after the
final regulations are prescribed.
§ 20144. Blue signal protection for on-track vehicles
The Secretary of Transportation shall prescribe regulations
applying blue signal protection to on-track vehicles where rest
is provided.
CHAPTER 203—SAFETY APPLIANCES
Sec.
20301.
Definition and nonapplication.
20302.
General requirements.
20303.
Moving defective and insecure vehicles needing repairs.
20304.
Assumption of risk by employees.
20305.
Inspection of mail cars.
20306.
Exemption for technological improvements.
§ 20301. Definition and nonapplication
(a) DEFINITION.—In this chapter, ‘‘vehicle’’ means a car, loco-
motive, tender, or similar vehicle.
(b) NONAPPLICATION.—This chapter does not apply to the
following:
(1) a train of 4-wheel coal cars.
(2) a train of 8-wheel standard logging cars if the height
of each car from the top of the rail to the center of the coupling
is not more than 25 inches.
(3) a locomotive used in hauling a train referred to in
clause (2) of this subsection when the locomotive and cars
of the train are used only to transport logs.
§ 20302. General requirements
(a) GENERAL.—Except as provided in subsection (c) of this sec-
tion and section 20303 of this title, a railroad carrier may use
or allow to be used on any of its railroad lines—
(1) a vehicle only if it is equipped with—
(A) couplers coupling automatically by impact, and
capable of being uncoupled, without the necessity of individ-
uals going between the ends of the vehicles;
(B) secure sill steps and efficient hand brakes; and
(C) secure ladders and running boards when required
by the Secretary of Transportation, and, if ladders are
required, secure handholds or grab irons on its roof at
the top of each ladder;
(2) except as otherwise ordered by the Secretary, a vehicle
only if it is equipped with secure grab irons or handholds
on its ends and sides for greater security to individuals in
coupling and uncoupling vehicles;
(3) a vehicle only if it complies with the standard height
of drawbars required by regulations prescribed by the Secretary;
(4) a locomotive only if it is equipped with a power-driving
wheel brake and appliances for operating the train-brake sys-
tem; and
(5) a train only if—
(A) enough of the vehicles in the train are equipped
with power or train brakes so that the engineer on the
locomotive hauling the train can control the train’s speed
without the necessity of brake operators using the common
hand brakes for that purpose; and
H. R. 1758—138
(B) at least 50 percent of the vehicles in the train
are equipped with power or train brakes and the engineer
is using the power or train brakes on those vehicles and
on all other vehicles equipped with them that are associated
with those vehicles in the train.
(b) REFUSAL TO RECEIVE VEHICLES NOT PROPERLY EQUIPPED.—
A railroad carrier complying with subsection (a)(5)(A) of this section
may refuse to receive from a railroad line of a connecting railroad
carrier or a shipper a vehicle that is not equipped with power
or train brakes that will work and readily interchange with the
power or train brakes in use on the vehicles of the complying
railroad carrier.
(c) COMBINED VEHICLES LOADING AND HAULING LONG COMMOD-
ITIES.—Notwithstanding subsection (a)(1)(B) of this section, when
vehicles are combined to load and haul long commodities, only
one of the vehicles must have hand brakes during the loading
and hauling.
(d) AUTHORITY TO CHANGE REQUIREMENTS.—The Secretary
may—
(1) change the number, dimensions, locations, and manner
of application prescribed by the Secretary for safety appliances
required by subsection (a)(1)(B) and (C) and (2) of this section
only for good cause and after providing an opportunity for
a full hearing;
(2) amend regulations for installing, inspecting, maintain-
ing, and repairing power and train brakes only for the purpose
of achieving safety; and
(3) increase, after an opportunity for a full hearing, the
minimum percentage of vehicles in a train that are required
by subsection (a)(5)(B) of this section to be equipped and used
with power or train brakes.
(e) SERVICES
OF ASSOCIATION
OF AMERICAN RAILROADS.—In
carrying out subsection (d)(2) and (3) of this section, the Secretary
may use the services of the Association of American Railroads.
§ 20303. Moving defective and insecure vehicles needing
repairs
(a) GENERAL.—A vehicle that is equipped in compliance with
this chapter whose equipment becomes defective or insecure never-
theless may be moved when necessary to make repairs, without
a penalty being imposed under section 21302 of this title, from
the place at which the defect or insecurity was first discovered
to the nearest available place at which the repairs can be made—
(1) on the railroad line on which the defect or insecurity
was discovered; or
(2) at the option of a connecting railroad carrier, on the
railroad line of the connecting carrier, if not farther than the
place of repair described in clause (1) of this subsection.
(b) USE OF CHAINS INSTEAD OF DRAWBARS.—A vehicle in a
revenue train or in association with commercially-used vehicles
may be moved under this section with chains instead of drawbars
only when the vehicle contains livestock or perishable freight.
(c) LIABILITY.—The movement of a vehicle under this section
is at the risk only of the railroad carrier doing the moving. This
section does not relieve a carrier from liability in a proceeding
to recover damages for death or injury of a railroad employee
arising from the movement of a vehicle with equipment that is
H. R. 1758—139
defective, insecure, or not maintained in compliance with this
chapter.
§ 20304. Assumption of risk by employees
An employee of a railroad carrier injured by a vehicle or train
used in violation of section 20302(a)(1)(A), (2), (4), or (5)(A) of
this title does not assume the risk of injury resulting from the
violation, even if the employee continues to be employed by the
carrier after learning of the violation.
§ 20305. Inspection of mail cars
The Secretary of Transportation shall inspect the construction,
adaptability, design, and condition of mail cars used on railroads
in the United States. The Secretary shall make a report on the
inspection and submit a copy of the report to the United States
Postal Service.
§ 20306. Exemption for technological improvements
(a) GENERAL.—Subject to subsection (b) of this section, the
Secretary of Transportation may exempt from the requirements
of this chapter railroad equipment or equipment that will be oper-
ated on rails, when those requirements preclude the development
or implementation of more efficient railroad transportation equip-
ment or other transportation innovations under existing law.
(b) CONDITIONS
FOR EXEMPTION.—The Secretary may grant
an exemption under subsection (a) of this section only on the basis
of—
(1) findings based on evidence developed at a hearing;
or
(2) an agreement between national railroad labor represent-
atives and the developer of the new equipment or technology.
CHAPTER 205—SIGNAL SYSTEMS
Sec.
20501.
Definition.
20502.
Requirements for installation and use.
20503.
Amending regulations and changing requirements.
20504.
Inspection, testing, and investigation.
20505.
Reports of malfunctions and accidents.
§ 20501. Definition
In this chapter, ‘‘signal system’’ means a block signal system,
an interlocking, automatic train stop, train control, or cab-signal
device, or a similar appliance, method, device, or system intended
to promote safety in railroad operations.
§ 20502. Requirements for installation and use
(a) INSTALLATION.—(1) When the Secretary of Transportation
decides after an investigation that it is necessary in the public
interest, the Secretary may order a railroad carrier to install, on
any part of its railroad line, a signal system that complies with
requirements of the Secretary. The order must allow the carrier
a reasonable time to complete the installation. A carrier may dis-
continue or materially alter a signal system required under this
paragraph only with the approval of the Secretary.
(2) A railroad carrier ordered under paragraph (1) of this sub-
section to install a signal system on one part of its railroad line
may not be held negligent for not installing the system on any
H. R. 1758—140
part of its line that was not included in the order. If an accident
or incident occurs on a part of the line on which the signal system
was not required to be installed and was not installed, the use
of the system on another part of the line may not be considered
in a civil action brought because of the accident or incident.
(b) USE.—A railroad carrier may allow a signal system to
be used on its railroad line only when the system, including its
controlling and operating appurtenances—
(1) may be operated safely without unnecessary risk of
personal injury; and
(2) has been inspected and can meet any test prescribed
under this chapter.
§ 20503. Amending regulations and changing requirements
The Secretary of Transportation may amend a regulation or
change a requirement applicable to a railroad carrier for installing,
maintaining, inspecting, or repairing a signal system under this
chapter—
(1) when the carrier files with the Secretary a request
for the amendment or change and the Secretary approves the
request; or
(2) on the Secretary’s own initiative for good cause shown.
§ 20504. Inspection, testing, and investigation
(a) SYSTEMS
IN USE.—(1) The Secretary of Transportation
may—
(A) inspect and test a signal system used by a railroad
carrier; and
(B) decide whether the system is in safe operating
condition.
(2) In carrying out this subsection, the Secretary may employ
only an individual who—
(A) has no interest in a patented article required to be
used on or with a signal system; and
(B) has no financial interest in a railroad carrier or in
a concern dealing in railroad supplies.
(b) SYSTEMS SUBMITTED FOR INVESTIGATION AND TESTING.—
The Secretary may investigate, test, and report on the use of
and need for a signal system, without cost to the United States
Government, when the system is submitted in completed shape
for investigation and testing.
§ 20505. Reports of malfunctions and accidents
In the way and to the extent required by the Secretary of
Transportation, a railroad carrier shall report to the Secretary
a failure of a signal system to function as intended. If the failure
results in an accident or incident causing injury to an individual
or property that is required to be reported under regulations pre-
scribed by the Secretary, the carrier owning or maintaining the
signal system shall report to the Secretary immediately in writing
the fact of the accident or incident.
CHAPTER 207—LOCOMOTIVES
Sec.
20701.
Requirements for use.
20702.
Inspections, repairs, and inspection and repair reports.
20703.
Accident reports and investigations.
H. R. 1758—141
§ 20701. Requirements for use
A railroad carrier may use or allow to be used a locomotive
or tender on its railroad line only when the locomotive or tender
and its parts and appurtenances—
(1) are in proper condition and safe to operate without
unnecessary danger of personal injury;
(2) have been inspected as required under this chapter
and regulations prescribed by the Secretary of Transportation
under this chapter; and
(3) can withstand every test prescribed by the Secretary
under this chapter.
§ 20702. Inspections, repairs, and inspection and repair
reports
(a) GENERAL.—The Secretary of Transportation shall—
(1) become familiar, so far as practicable, with the condition
of every locomotive and tender and its parts and appurtenances;
(2) inspect every locomotive and tender and its parts and
appurtenances as necessary to carry out this chapter, but not
necessarily at stated times or at regular intervals; and
(3) ensure that every railroad carrier makes inspections
of locomotives and tenders and their parts and appurtenances
as required by regulations prescribed by the Secretary and
repairs every defect that is disclosed by an inspection before
a defective locomotive, tender, part, or appurtenance is used
again.
(b) NONCOMPLYING LOCOMOTIVES, TENDERS, AND PARTS.—(1)
When the Secretary finds that a locomotive, tender, or locomotive
or tender part or appurtenance owned or operated by a railroad
carrier does not comply with this chapter or a regulation prescribed
under this chapter, the Secretary shall give the carrier written
notice describing any defect resulting in noncompliance. Not later
than 5 days after receiving the notice of noncompliance, the carrier
may submit a written request for a reinspection. On receiving
the request, the Secretary shall provide for the reinspection by
an officer or employee of the Department of Transportation who
did not make the original inspection. The reinspection shall be
made not later than 15 days after the date the Secretary gives
the notice of noncompliance.
(2) Immediately after the reinspection is completed, the Sec-
retary shall give written notice to the railroad carrier stating
whether the locomotive, tender, part, or appurtenance is in compli-
ance. If the original finding of noncompliance is sustained, the
carrier has 30 days after receipt of the notice to file an appeal
with the Secretary. If the carrier files an appeal, the Secretary,
after providing an opportunity for a proceeding, may revise or
set aside the finding of noncompliance.
(3) A locomotive, tender, part, or appurtenance found not in
compliance under this subsection may be used only after it is—
(A) repaired to comply with this chapter and regulations
prescribed under this chapter; or
(B) found on reinspection or appeal to be in compliance.
(c) REPORTS.—A railroad carrier shall make and keep, in the
way the Secretary prescribes by regulation, a report of every—
(1) inspection made under regulations prescribed by the
Secretary; and
(2) repair made of a defect disclosed by such an inspection.
H. R. 1758—142
(d) CHANGES IN INSPECTION PROCEDURES.—A railroad carrier
may change a rule or instruction of the carrier governing the
inspection by the carrier of the locomotives and tenders and loco-
motive and tender parts and appurtenances of the carrier when
the Secretary approves a request filed by the carrier to make
the change.
§ 20703. Accident reports and investigations
(a) ACCIDENT REPORTS AND SCENE PRESERVATION.—When the
failure of a locomotive, tender, or locomotive or tender part or
appurtenance results in an accident or incident causing serious
personal injury or death, the railroad carrier owning or operating
the locomotive or tender—
(1) immediately shall file with the Secretary of Transpor-
tation a written statement of the fact of the accident or incident;
and
(2) when the locomotive is disabled to the extent it cannot
be operated under its own power, shall preserve intact all
parts affected by the accident or incident, if possible without
interfering with traffic, until an investigation of the accident
or incident is completed.
(b) INVESTIGATIONS.—The Secretary shall—
(1) investigate each accident and incident reported under
subsection (a) of this section;
(2) inspect each part affected by the accident or incident;
and
(3) make a complete and detailed report on the cause
of the accident or incident.
(c) PUBLICATION AND USE OF INVESTIGATION REPORTS.—When
the Secretary considers publication to be in the public interest,
the Secretary may publish a report of an investigation made under
this section, stating the cause of the accident or incident and
making appropriate recommendations. No part of a report may
be admitted into evidence or used in a civil action for damages
resulting from a matter mentioned in the report.
CHAPTER 209—ACCIDENTS AND INCIDENTS
Sec.
20901.
Reports.
20902.
Investigations.
20903.
Reports not evidence in civil actions for damages.
§ 20901. Reports
(a) GENERAL REQUIREMENTS.—Not later than 30 days after
the end of each month, a railroad carrier shall file a report with
the Secretary of Transportation on all accidents and incidents
resulting in injury or death to an individual or damage to equipment
or a roadbed arising from the carrier’s operations during the month.
The report shall be under oath and shall state the nature, cause,
and circumstances of each reported accident or incident. If a railroad
carrier assigns human error as a cause, the report shall include,
at the option of each employee whose error is alleged, a statement
by the employee explaining any factors the employee alleges contrib-
uted to the accident or incident.
(b) MONETARY THRESHOLD FOR REPORTING.—(1) In establishing
or changing a monetary threshold for the reporting of a railroad
H. R. 1758—143
accident or incident, the Secretary shall base damage cost calcula-
tions only on publicly available information obtained from—
(A) the Bureau of Labor Statistics; or
(B) another department, agency, or instrumentality of the
United States Government if the information has been collected
through objective, statistically sound survey methods or has
been previously subject to a public notice and comment process
in a proceeding of a Government department, agency, or
instrumentality.
(2) If information is not available as provided in paragraph
(1)(A) or (B) of this subsection, the Secretary may use any other
source to obtain the information. However, use of the information
shall be subject to public notice and an opportunity for written
comment.
§ 20902. Investigations
(a) GENERAL AUTHORITY.—The Secretary of Transportation, or
an impartial investigator authorized by the Secretary, may inves-
tigate—
(1) an accident or incident resulting in serious injury to
an individual or to railroad property, occurring on the railroad
line of a railroad carrier; and
(2) an accident or incident reported under section 20505
of this title.
(b) OTHER DUTIES AND POWERS.—In carrying out an investiga-
tion, the Secretary or authorized investigator may subpena wit-
nesses, require the production of records, exhibits, and other evi-
dence, administer oaths, and take testimony. If the accident or
incident is investigated by a commission of the State in which
it occurred, the Secretary, if convenient, shall carry out the inves-
tigation at the same time as, and in coordination with, the commis-
sion’s investigation. The railroad carrier on whose railroad line
the accident or incident occurred shall provide reasonable facilities
to the Secretary for the investigation.
(c) REPORTS.—When in the public interest, the Secretary shall
make a report of the investigation, stating the cause of the accident
or incident and making recommendations the Secretary considers
appropriate. The Secretary shall publish the report in a way the
Secretary considers appropriate.
§ 20903. Reports not evidence in civil actions for damages
No part of an accident or incident report filed by a railroad
carrier under section 20901 of this title or made by the Secretary
of Transportation under section 20902 of this title may be used
in a civil action for damages resulting from a matter mentioned
in the report.
CHAPTER 211—HOURS OF SERVICE
Sec.
21101.
Definitions.
21102.
Nonapplication and exemption.
21103.
Limitations on duty hours of train employees.
21104.
Limitations on duty hours of signal employees.
21105.
Limitations on duty hours of dispatching service employees.
21106.
Limitations on employee sleeping quarters.
21107.
Maximum duty hours and subjects of collective bargaining.
H. R. 1758—144
§ 21101. Definitions
In this chapter—
(1) ‘‘designated terminal’’ means the home or away-from-
home terminal for the assignment of a particular crew.
(2) ‘‘dispatching service employee’’ means an operator, train
dispatcher, or other train employee who by the use of an
electrical or mechanical device dispatches, reports, transmits,
receives, or delivers orders related to or affecting train move-
ments.
(3) ‘‘employee’’ means a dispatching service employee, a
signal employee, or a train employee.
(4) ‘‘signal employee’’ means an individual employed by
a railroad carrier who is engaged in installing, repairing, or
maintaining signal systems.
(5) ‘‘train employee’’ means an individual engaged in or
connected with the movement of a train, including a hostler.
§ 21102. Nonapplication and exemption
(a) GENERAL.—This chapter does not apply to a situation involv-
ing any of the following:
(1) a casualty.
(2) an unavoidable accident.
(3) an act of God.
(4) a delay resulting from a cause unknown and unforesee-
able to a railroad carrier or its officer or agent in charge
of the employee when the employee left a terminal.
(b) EXEMPTION.—The Secretary of Transportation may exempt
a railroad carrier having not more than 15 employees covered
by this chapter from the limitations imposed by this chapter. The
Secretary may allow the exemption after a full hearing, for good
cause shown, and on deciding that the exemption is in the public
interest and will not affect safety adversely. The exemption shall
be for a specific period of time and is subject to review at least
annually. The exemption may not authorize a carrier to require
or allow its employees to be on duty more than a total of 16
hours in a 24-hour period.
§ 21103. Limitations on duty hours of train employees
(a) GENERAL.—Except as provided in subsection (c) of this sec-
tion, a railroad carrier and its officers and agents may not require
or allow a train employee to remain or go on duty—
(1) unless that employee has had at least 8 consecutive
hours off duty during the prior 24 hours; or
(2) after that employee has been on duty for 12 consecutive
hours, until that employee has had at least 10 consecutive
hours off duty.
(b) DETERMINING TIME ON DUTY.—In determining under sub-
section (a) of this section the time a train employee is on or
off duty, the following rules apply:
(1) Time on duty begins when the employee reports for
duty and ends when the employee is finally released from
duty.
(2) Time the employee is engaged in or connected with
the movement of a train is time on duty.
(3) Time spent performing any other service for the railroad
carrier during a 24-hour period in which the employee is
H. R. 1758—145
engaged in or connected with the movement of a train is time
on duty.
(4) Time spent in deadhead transportation to a duty assign-
ment is time on duty, but time spent in deadhead transportation
from a duty assignment to the place of final release is neither
time on duty nor time off duty.
(5) An interim period available for rest at a place other
than a designated terminal is time on duty.
(6) An interim period available for less than 4 hours rest
at a designated terminal is time on duty.
(7) An interim period available for at least 4 hours rest
at a place with suitable facilities for food and lodging is not
time on duty when the employee is prevented from getting
to the employee’s designated terminal by any of the following:
(A) a casualty.
(B) a track obstruction.
(C) an act of God.
(D) a derailment or major equipment failure resulting
from a cause that was unknown and unforeseeable to the
railroad carrier or its officer or agent in charge of that
employee when that employee left the designated terminal.
(c) EMERGENCIES.—A train employee on the crew of a wreck
or relief train may be allowed to remain or go on duty for not
more than 4 additional hours in any period of 24 consecutive hours
when an emergency exists and the work of the crew is related
to the emergency. In this subsection, an emergency ends when
the track is cleared and the railroad line is open for traffic.
§ 21104. Limitations on duty hours of signal employees
(a) GENERAL.—(1) In paragraph (2)(C) of this subsection, ‘‘24-
hour period’’ means the period beginning when a signal employee
reports for duty immediately after 8 consecutive hours off duty
or, when required under paragraph (2)(B) of this subsection, after
10 consecutive hours off duty.
(2) Except as provided in subsection (c) of this section, a railroad
carrier and its officers and agents may not require or allow a
signal employee to remain or go on duty—
(A) unless that employee has had at least 8 consecutive
hours off duty during the prior 24 hours;
(B) after that employee has been on duty for 12 consecutive
hours, until that employee has had at least 10 consecutive
hours off duty; or
(C) after that employee has been on duty a total of 12
hours during a 24-hour period, or after the end of that 24-
hour period, whichever occurs first, until that employee has
had at least 8 consecutive hours off duty.
(b) DETERMINING TIME ON DUTY.—In determining under sub-
section (a) of this section the time a signal employee is on duty
or off duty, the following rules apply:
(1) Time on duty begins when the employee reports for
duty and ends when the employee is finally released from
duty.
(2) Time spent performing any other service for the railroad
carrier during a 24-hour period in which the employee is
engaged in installing, repairing, or maintaining signal systems
is time on duty.
H. R. 1758—146
(3) Time spent returning from a trouble call, whether the
employee goes directly to the employee’s residence or by way
of the employee’s headquarters, is neither time on duty nor
time off duty, except that up to one hour of that time spent
returning from the final trouble call of a period of continuous
or broken service is time off duty.
(4) If, at the end of scheduled duty hours, an employee
has not completed the trip from the final outlying worksite
of the duty period to the employee’s headquarters or directly
to the employee’s residence, the time after the scheduled duty
hours necessarily spent in completing the trip to the residence
or headquarters is neither time on duty nor time off duty.
(5) If an employee is released from duty at an outlying
worksite before the end of the employee’s scheduled duty hours
to comply with this section, the time necessary for the trip
from the worksite to the employee’s headquarters or directly
to the employee’s residence is neither time on duty nor time
off duty.
(6) Time spent in transportation on an ontrack vehicle,
including time referred to in paragraphs (3)–(5) of this sub-
section, is time on duty.
(7) A regularly scheduled meal period or another release
period of at least 30 minutes but not more than one hour
is time off duty and does not break the continuity of service
of the employee under this section, but a release period of
more than one hour is time off duty and does break the continu-
ity of service.
(c) EMERGENCIES.—A signal employee may be allowed to remain
or go on duty for not more than 4 additional hours in any period
of 24 consecutive hours when an emergency exists and the work
of that employee is related to the emergency. In this subsection,
an emergency ends when the signal system is restored to service.
§ 21105. Limitations on duty hours of dispatching service
employees
(a) APPLICATION.—This section applies, rather than section
21103 or 21104 of this title, to a train employee or signal employee
during any period of time the employee is performing duties of
a dispatching service employee.
(b) GENERAL.—Except as provided in subsection (d) of this
section, a dispatching service employee may not be required or
allowed to remain or go on duty for more than—
(1) a total of 9 hours during a 24-hour period in a tower,
office, station, or place at which at least 2 shifts are employed;
or
(2) a total of 12 hours during a 24-hour period in a tower,
office, station, or place at which only one shift is employed.
(c) DETERMINING TIME ON DUTY.—Under subsection (b) of this
section, time spent performing any other service for the railroad
carrier during a 24-hour period in which the employee is on duty
in a tower, office, station, or other place is time on duty in that
tower, office, station, or place.
(d) EMERGENCIES.—When an emergency exists, a dispatching
service employee may be allowed to remain or go on duty for
not more than 4 additional hours during a period of 24 consecutive
hours for not more than 3 days during a period of 7 consecutive
days.
H. R. 1758—147
§ 21106. Limitations on employee sleeping quarters
A railroad carrier and its officers and agents—
(1) may provide sleeping quarters (including crew quarters,
camp or bunk cars, and trailers) for employees, and any individ-
uals employed to maintain the right of way of a railroad carrier,
only if the sleeping quarters are clean, safe, and sanitary and
give those employees and individuals an opportunity for rest
free from the interruptions caused by noise under the control
of the carrier; and
(2) may not begin, after July 7, 1976, construction or
reconstruction of sleeping quarters referred to in clause (1)
of this section in an area or in the immediate vicinity of
an area, as determined under regulations prescribed by the
Secretary of Transportation, in which railroad switching or
humping operations are performed.
§ 21107. Maximum duty hours and subjects of collective
bargaining
The number of hours established by this chapter that an
employee may be required or allowed to be on duty is the maximum
number of hours consistent with safety. Shorter hours of service
and time on duty of an employee are proper subjects for collective
bargaining between a railroad carrier and its employees.
CHAPTER 213—PENALTIES
SUBCHAPTER I—CIVIL PENALTIES
Sec.
21301.
Chapter 201 general violations.
21302.
Chapter 201 accident and incident violations and chapter 203–209 viola-
tions.
21303.
Chapter 211 violations.
21304.
Willfulness requirement for penalties against individuals.
SUBCHAPTER II—CRIMINAL PENALTIES
21311.
Records and reports.
SUBCHAPTER I—CIVIL PENALTIES
§ 21301. Chapter 201 general violations
(a) PENALTY.—(1) Subject to section 21304 of this title, a person
violating a regulation prescribed or order issued by the Secretary
of Transportation under chapter 201 of this title is liable to the
United States Government for a civil penalty. The Secretary shall
impose the penalty applicable under paragraph (2) of this sub-
section. A separate violation occurs for each day the violation contin-
ues.
(2) The Secretary shall include in, or make applicable to, each
regulation prescribed and order issued under chapter 201 of this
title a civil penalty for a violation. The amount of the penalty
shall be at least $500 but not more than $10,000. However, when
a grossly negligent violation or a pattern of repeated violations
has caused an imminent hazard of death or injury to individuals,
or has caused death or injury, the amount may be not more than
$20,000.
(3) The Secretary may compromise the amount of a civil penalty
imposed under this subsection to not less than $500 before referring
the matter to the Attorney General for collection. In determining
the amount of a compromise, the Secretary shall consider—
H. R. 1758—148
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability,
any history of violations, the ability to pay, and any effect
on the ability to continue to do business; and
(C) other matters that justice requires.
(b) SETOFF.—The Government may deduct the amount of a
civil penalty imposed or compromised under this section from
amounts it owes the person liable for the penalty.
(c) DEPOSIT IN TREASURY.—A civil penalty collected under this
section or section 20113(b) of this title shall be deposited in the
Treasury as miscellaneous receipts.
§ 21302. Chapter 201 accident and incident violations and
chapter 203–209 violations
(a) PENALTY.—(1) Subject to section 21304 of this title, a person
violating a regulation prescribed or order issued under chapter
201 of this title related to accident and incident reporting or inves-
tigation, or violating chapters 203–209 of this title or a regulation
or requirement prescribed or order issued under chapters 203–
209, is liable to the United States Government for a civil penalty.
An act by an individual that causes a railroad carrier to be in
violation is a violation. A separate violation occurs for each day
the violation continues.
(2) The Secretary of Transportation imposes a civil penalty
under this subsection. The amount of the penalty shall be at least
$500 but not more than $10,000. However, when a grossly negligent
violation or a pattern of repeated violations has caused an imminent
hazard of death or injury to individuals, or has caused death or
injury, the amount may be not more than $20,000.
(3) The Secretary may compromise the amount of the civil
penalty under section 3711 of title 31. In determining the amount
of a compromise, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability,
any history of violations, the ability to pay, and any effect
on the ability to continue to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount of the
civil penalty, the Secretary shall refer the matter to the Attorney
General for collection.
(b) CIVIL ACTIONS TO COLLECT.—The Attorney General shall
bring a civil action in a district court of the United States to
collect a civil penalty that is referred to the Attorney General
for collection under subsection (a) of this section. The action may
be brought in the judicial district in which the violation occurred
or the defendant has its principal executive office. If the action
is against an individual, the action also may be brought in the
judicial district in which the individual resides.
§ 21303. Chapter 211 violations
(a) PENALTY.—(1) Subject to section 21304 of this title, a person
violating chapter 211 of this title is liable to the United States
Government for a civil penalty. An act by an individual that causes
a railroad carrier to be in violation is a violation. For a violation
H. R. 1758—149
of section 21106 of this title, a separate violation occurs for each
day a facility is not in compliance.
(2) The Secretary of Transportation imposes a civil penalty
under this subsection. The amount of the penalty shall be at least
$500 but not more than $10,000. However, when a grossly negligent
violation or a pattern of repeated violations has caused an imminent
hazard of death or injury to individuals, or has caused death or
injury, the amount may be not more than $20,000.
(3) The Secretary may compromise the amount of the civil
penalty under section 3711 of title 31. In determining the amount
of a compromise, the Secretary shall consider—
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the degree of culpability,
any history of violations, the ability to pay, and any effect
on the ability to continue to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount of the
civil penalty, the Secretary shall refer the matter to the Attorney
General for collection.
(b) CIVIL ACTIONS TO COLLECT.—(1) The Attorney General shall
bring a civil action in a district court of the United States to
collect a civil penalty that is referred to the Attorney General
for collection under subsection (a) of this section after satisfactory
information is presented to the Attorney General. The action may
be brought in the judicial district in which the violation occurred
or the defendant has its principal executive office. If the action
is against an individual, the action also may be brought in the
judicial district in which the individual resides.
(2) A civil action under this subsection must be brought not
later than 2 years after the date of the violation unless administra-
tive notification under section 3711 of title 31 is given within
that 2-year period to the person committing the violation. However,
even if notification is given, the action must be brought within
the period specified in section 2462 of title 28.
(c) IMPUTATION OF KNOWLEDGE.—In any proceeding under this
section, a railroad carrier is deemed to know the acts of its officers
and agents.
§ 21304. Willfulness 
requirement 
for 
penalties 
against
individuals
A civil penalty under this subchapter may be imposed against
an individual only for a willful violation. An individual is deemed
not to have committed a willful violation if the individual was
following the direct order of a railroad carrier official or supervisor
under protest communicated to the official or supervisor. The
individual is entitled to document the protest.
SUBCHAPTER II—CRIMINAL PENALTIES
§ 21311. Records and reports
(a) RECORDS AND REPORTS UNDER CHAPTER 201.—A person
shall be fined under title 18, imprisoned for not more than 2
years, or both, if the person knowingly and willfully—
(1) makes a false entry in a record or report required
to be made or preserved under chapter 201 of this title;
H. R. 1758—150
(2) destroys, mutilates, changes, or by another means fal-
sifies such a record or report;
(3) does not enter required specified facts and transactions
in such a record or report;
(4) makes or preserves such a record or report in violation
of a regulation prescribed or order issued under chapter 201
of this title; or
(5) files a false record or report with the Secretary of
Transportation.
(b) ACCIDENT AND INCIDENT REPORTS.—A railroad carrier not
filing the report required by section 20901 of this title shall be
fined not more than $500 for each violation and not more than
$500 for each day during which the report is overdue.
PART B—ASSISTANCE
CHAPTER 221—LOCAL RAIL FREIGHT ASSISTANCE
Sec.
22101.
Financial assistance for State projects.
22102.
Eligibility.
22103.
Applications.
22104.
State rail plan financing.
22105.
Sharing project costs.
22106.
Limitations on financial assistance.
22107.
Records, audits, and information.
22108.
Authorization of appropriations.
§ 22101. Financial assistance for State projects
(a) GENERAL.—The Secretary of Transportation shall provide
financial assistance to a State, as provided under this chapter,
for a rail freight assistance project of the State when a rail carrier
subject to subchapter I of chapter 105 of this title maintains a
rail line in the State. The assistance is for the cost of—
(1) acquiring, in any way the State considers appropriate,
an interest in a rail line or rail property to maintain existing,
or to provide future, rail freight transportation, but only if
the Interstate Commerce Commission has authorized, or
exempted from the requirements of that authorization, the
abandonment of, or the discontinuance of rail transportation
on, the rail line related to the project;
(2) improving and rehabilitating rail property on a rail
line to the extent necessary to allow adequate and efficient
rail freight transportation on the line, but only if the rail
carrier certifies that the rail line related to the project carried
not more than 5,000,000 gross ton-miles of freight a mile in
the prior year; and
(3) building rail or rail-related facilities (including new
connections between at least 2 existing rail lines, intermodal
freight terminals, sidings, bridges, and relocation of existing
lines) to improve the quality and efficiency of the rail freight
transportation, but only if the rail carrier certifies that the
rail line related to the project carried not more than 5,000,000
gross ton-miles of freight a mile in the prior year.
(b) CALCULATING COST-BENEFIT RATIO.—The Secretary shall
establish a methodology for calculating the ratio of benefits to
costs of projects proposed under this chapter. In establishing the
methodology, the Secretary shall consider the need for equitable
treatment of different regions of the United States and different
H. R. 1758—151
commodities transported by rail. The establishment of the methodol-
ogy is committed to the discretion of the Secretary.
(c) CONDITIONS.—(1) Assistance for a project shall be provided
under this chapter only if—
(A) a rail carrier certifies that the rail line related to
the project carried more than 20 carloads a mile during the
most recent year during which transportation was provided
by the carrier on the line; and
(B) the ratio of benefits to costs for the project, as calculated
using the methodology established under subsection (b) of this
section, is more than 1.0.
(2) If the rail carrier that provided the transportation on the
rail line is no longer in existence, the applicant for the project
shall provide the information required by the certification under
paragraph (1)(A) of this subsection in the way the Secretary
prescribes.
(3) The Secretary may waive the requirement of paragraph
(1)(A) or (2) of this subsection if the Secretary—
(A) decides that the rail line has contractual guarantees
of at least 40 carloads a mile for each of the first 2 years
of operation of the proposed project; and
(B) finds that there is a reasonable expectation that the
contractual guarantees will be fulfilled.
(d) LIMITATIONS ON AMOUNTS.—A State may not receive more
than 15 percent of the amounts provided in a fiscal year under
this chapter. Not more than 20 percent of the amounts available
under this chapter may be provided in a fiscal year for any one
project.
§ 22102. Eligibility
A State is eligible to receive financial assistance under this
chapter only when the State complies with regulations the Secretary
of Transportation prescribes under this chapter and the Secretary
decides that—
(1) the State has an adequate plan for rail transportation
in the State and a suitable process for updating, revising,
and modifying the plan;
(2) the State plan is administered or coordinated by a
designated State authority and provides for a fair distribution
of resources;
(3) the State authority—
(A) is authorized to develop, promote, supervise, and
support safe, adequate, and efficient rail transportation;
(B) employs or will employ sufficient qualified and
trained personnel;
(C) maintains or will maintain adequate programs of
investigation, research, promotion, and development with
opportunity for public participation; and
(D) is designated and directed to take all practicable
steps (by itself or with other State authorities) to improve
rail transportation safety and reduce energy use and pollu-
tion related to transportation; and
(4) the State has ensured that it maintains or will maintain
adequate procedures for financial control, accounting, and
performance evaluation for the proper use of assistance pro-
vided by the United States Government.
H. R. 1758—152
§ 22103. Applications
(a) FILING.—A State must file an application with the Secretary
of Transportation for financial assistance for a project described
under section 22101(a) of this title not later than January 1 of
the fiscal year for which amounts have been appropriated. However,
for a fiscal year for which the authorization of appropriations for
assistance under this chapter has not been enacted by the first
day of the fiscal year, the State must file the application not
later than 90 days after the date of enactment of a law authorizing
the appropriations for that fiscal year. The Secretary shall prescribe
the form of the application.
(b) CONSIDERATIONS.—In considering an application under this
subsection, the Secretary shall consider the following:
(1) the percentage of rail lines that rail carriers have identi-
fied to the Interstate Commerce Commission for abandonment
or potential abandonment in the State.
(2) the likelihood of future abandonments in the State.
(3) the ratio of benefits to costs for a proposed project
calculated using the methodology established under section
22101(b) of this title.
(4) the likelihood that the rail line will continue operating
with assistance.
(5) the impact of rail bankruptcies, rail restructuring, and
rail mergers on the State.
§ 22104. State rail plan financing
(a) ENTITLEMENT AND USES.—On the first day of each fiscal
year, each State is entitled to $36,000 of the amounts made avail-
able under section 22108 of this title during that fiscal year to
be used—
(1) to establish, update, revise, and modify the State plan
required by section 22102 of this title; or
(2) to carry out projects described in section 22101(a)(1),
(2), or (3) of this title, as designated by the State, if those
projects meet the requirements of section 22101(c)(1)(B) of this
title.
(b) APPLICATIONS.—Each State must apply for amounts under
this section not later than the first day of the fiscal year for
which the amounts are available. However, for any fiscal year
for which the authorization of appropriations for financial assistance
under this chapter has not been enacted by the first day of the
fiscal year, the State must apply for amounts under this section
not later than 60 days after the date of enactment of a law authoriz-
ing the appropriations for that fiscal year. Not later than 60 days
after receiving an application, the Secretary of Transportation shall
consider the application and notify the State of the approval or
disapproval of the application.
(c) AVAILABILITY OF AMOUNTS.—Amounts provided under this
section remain available to a State for obligation for the first
3 months after the end of the fiscal year for which the amounts
were made available. Amounts not applied for under this section
or that remain unobligated after the first 3 months after the end
of the fiscal year for which the amounts were made available
are available to the Secretary for projects meeting the requirements
of this chapter.
H. R. 1758—153
§ 22105. Sharing project costs
(a) GENERAL.—(1) The United States Government’s share of
the costs of financial assistance for a project under this chapter
is 50 percent, except that for assistance provided under section
22101(a)(2) of this title, the Government’s share is 70 percent.
The State may pay its share of the costs in cash or through the
following benefits, to the extent that the benefits otherwise would
not be provided:
(A) forgiveness of taxes imposed on a rail carrier or its
property.
(B) real and tangible personal property (provided by the
State or a person for the State) necessary for the safe and
efficient operation of rail freight transportation.
(C) track rights secured by the State for a rail carrier.
(D) the cash equivalent of State salaries for State employees
working on the State project, except overhead and general
administrative costs.
(2) A State may pay more than its required percentage share
of the costs of a project under this chapter. When a State, or
a person acting for a State, pays more than the State share of
the costs of its projects during a fiscal year, the excess amount
shall be applied to the State share for the costs of the State
projects for later fiscal years.
(b) AGREEMENTS TO COMBINE AMOUNTS.—States may agree
to combine any part of the amounts made available under this
chapter to carry out a project that is eligible for assistance under
this chapter when—
(1) the project will benefit each State making the agree-
ment; and
(2) the agreement is not a violation of State law.
§ 22106. Limitations on financial assistance
(a) GRANTS AND LOANS.—A State shall use financial assistance
for projects under this chapter to make a grant or lend money
to the owner of rail property, or a rail carrier providing rail
transportation, related to a project being assisted. The State shall
decide on the financial terms of the grant or loan, except that
the time for making grant advances shall comply with regulations
of the Secretary of the Treasury.
(b) HOLDING AND USE OF GOVERNMENT’S SHARE.—The State
shall place the United States Government’s share of money that
is repaid in an interest-bearing account. However, the Secretary
of Transportation may allow a borrower to place that money, for
the benefit of the State, in a bank designated by the Secretary
of the Treasury under section 10 of the Act of June 11, 1942
(12 U.S.C. 265). The State shall use the money and accumulated
interest to make other grants and loans under this chapter.
(c) 
PAYMENT
OF
UNUSED
MONEY
AND
ACCUMULATED
INTEREST.—The State may pay the Secretary of Transportation
the Government’s share of unused money and accumulated interest
at any time. However, the State must pay the unused money
and accumulated interest to the Secretary when the State ends
its participation under this chapter.
(d) ENCOURAGING PARTICIPATION.—To the maximum extent pos-
sible, the State shall encourage the participation of shippers, rail
carriers, and local communities in paying the State share of assist-
ance costs.
H. R. 1758—154
(e) RETENTION OF CONTINGENT INTEREST.—Each State shall
retain a contingent interest (redeemable preference shares) for the
Government’s share of amounts in a rail line receiving assistance
under this chapter. The State may collect its share of the amounts
used for the rail line if—
(1) an application for abandonment of the rail line is filed
under chapter 109 of this title; or
(2) the rail line is sold or disposed of after it has received
assistance under this chapter.
§ 22107. Records, audits, and information
(a) RECORDS.—Each recipient of financial assistance through
an arrangement under this chapter shall keep records required
by the Secretary of Transportation. The records shall be kept for
3 years after a project is completed and shall disclose—
(1) the amount of, and disposition by the recipient, of
the assistance;
(2) the total costs of the project for which the assistance
was given or used;
(3) the amount of that part of the costs of the project
paid by other sources; and
(4) any other records that will make an effective audit
easier.
(b) AUDITS.—The Secretary and the Comptroller General shall
make regular financial and performance audits, as provided under
chapter 75 of title 31, of activities and transactions assisted under
this chapter.
(c) INFORMATION.—The Interstate Commerce Commission shall
provide the Secretary with information the Secretary requests to
assist in carrying out this chapter. The Commission shall provide
the information not later than 30 days after receiving a request
from the Secretary.
(d) LIST
OF RAIL LINES.—Not later than August 1 of each
year, each rail carrier subject to subchapter I of chapter 105 of
this title shall submit to the Secretary a list of the rail lines
of the carrier that carried not more than 5,000,000 gross ton-
miles of freight a mile in the prior year.
§ 22108. Authorization of appropriations
(a) GENERAL.—(1) Not more than the following amounts may
be appropriated to the Secretary of Transportation to carry out
this chapter:
(A) $25,000,000 for the fiscal year ending September 30,
1993.
(B) $30,000,000 for the fiscal year ending September 30,
1994.
(2) Amounts appropriated under paragraph (1) of this sub-
section remain available until expended.
(3) No amount may be appropriated to the Secretary for any
period after September 30, 1994, to carry out this chapter.
(b) DISTRIBUTION OF AMOUNTS.—The Secretary shall establish
procedures necessary to ensure that amounts available to the Sec-
retary for projects under this chapter are distributed not later
than April 1 of the fiscal year for which the amounts are appro-
priated. If any amounts are not distributed by April 1, the Secretary
shall report to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce, Science,
H. R. 1758—155
and Transportation of the Senate on the status of those amounts
and the reasons for the delay in distribution.
(c) AVAILABILITY OF OTHER AMOUNTS.—Amounts appropriated
to carry out section 5(i) of the Department of Transportation Act
for fiscal year 1990 that are not applied for or that remain unobli-
gated on January 1, 1991, are available to the Secretary for projects
under this chapter.
PART C—PASSENGER TRANSPORTATION
CHAPTER 241—GENERAL
Sec.
24101.
Findings, purpose, and goals.
24102.
Definitions.
24103.
Enforcement.
24104.
Authorization of appropriations.
§ 24101. Findings, purpose, and goals
(a) FINDINGS.—(1) Public convenience and necessity require
that Amtrak, to the extent its budget allows, provide modern,
cost-efficient, and energy-efficient intercity rail passenger transpor-
tation between crowded urban areas and in other areas of the
United States.
(2) Rail passenger transportation can help alleviate overcrowd-
ing of airways and airports and on highways.
(3) A traveler in the United States should have the greatest
possible choice of transportation most convenient to the needs of
the traveler.
(4) A greater degree of cooperation is necessary among Amtrak,
other rail carriers, State, regional, and local governments, the pri-
vate sector, labor organizations, and suppliers of services and equip-
ment to Amtrak to achieve a performance level sufficient to justify
expending public money.
(5) Modern and efficient commuter rail passenger transpor-
tation is important to the viability and well-being of major urban
areas and to the energy conservation and self-sufficiency goals
of the United States.
(6) As a rail passenger transportation entity, Amtrak should
be available to operate commuter rail passenger transportation
through its subsidiary, Amtrak Commuter, under contract with
commuter authorities that do not provide the transportation them-
selves as part of the governmental function of the State.
(7) The Northeast Corridor is a valuable resource of the United
States used by intercity and commuter rail passenger transportation
and freight transportation.
(8) Greater coordination between intercity and commuter rail
passenger transportation is required.
(b) PURPOSE.—By using innovative operating and marketing
concepts, Amtrak shall provide intercity and commuter rail pas-
senger transportation that completely develops the potential of mod-
ern rail transportation to meet the intercity and commuter
passenger transportation needs of the United States.
(c) GOALS.—Amtrak shall—
(1) use its best business judgment in acting to minimize
United States Government subsidies, including—
(A) increasing fares;
(B) increasing revenue from the transportation of mail
and express;
H. R. 1758—156
(C) reducing losses on food service;
(D) improving its contracts with operating rail carriers;
(E) reducing management costs; and
(F) increasing employee productivity;
(2) minimize Government subsidies by encouraging State,
regional, and local governments and the private sector to share
the cost of providing rail passenger transportation, including
the cost of operating facilities;
(3) carry out strategies to achieve immediately maximum
productivity and efficiency consistent with safe and efficient
transportation;
(4) operate Amtrak trains, to the maximum extent feasible,
to all station stops within 15 minutes of the time established
in public timetables;
(5) develop transportation on rail corridors subsidized by
States and private parties;
(6) implement schedules based on a systemwide average
speed of at least 60 miles an hour that can be achieved with
a degree of reliability and passenger comfort;
(7) encourage rail carriers to assist in improving intercity
rail passenger transportation;
(8) improve generally the performance of Amtrak through
comprehensive and systematic operational programs and
employee incentives;
(9) carry out policies that ensure equitable access to the
Northeast Corridor by intercity and commuter rail passenger
transportation;
(10) coordinate the uses of the Northeast Corridor, particu-
larly intercity and commuter rail passenger transportation; and
(11) maximize the use of its resources, including the most
cost-effective use of employees, facilities, and real property.
(d) MINIMIZING GOVERNMENT SUBSIDIES.—To carry out sub-
section (c)(11) of this section, Amtrak is encouraged to make agree-
ments with the private sector and undertake initiatives that are
consistent with good business judgment and designed to maximize
its revenues and minimize Government subsidies.
§ 24102. Definitions
In this part—
(1) ‘‘auto-ferry transportation’’ means intercity rail pas-
senger transportation—
(A) of automobiles or recreational vehicles and their
occupants; and
(B) when space is available, of used unoccupied
vehicles.
(2) ‘‘avoidable loss’’ means the avoidable costs of providing
rail passenger transportation, less revenue attributable to the
transportation, as determined by the Interstate Commerce
Commission under section 553 of title 5.
(3) ‘‘basic system’’ means the system of intercity rail pas-
senger transportation designated by the Secretary of Transpor-
tation under section 4 of the Amtrak Improvement Act of 1978
and approved by Congress, and transportation required to be
provided under section 24705(a) of this title and section 4(g)
of the Act, including changes in the system or transportation
that Amtrak makes using the route and service criteria.
H. R. 1758—157
(4) ‘‘commuter authority’’ means a State, local, or regional
entity established to provide, or make a contract providing
for, commuter rail passenger transportation.
(5) ‘‘commuter rail passenger transportation’’ means short-
haul rail passenger transportation in metropolitan and subur-
ban areas usually having reduced fare, multiple-ride, and
commuter tickets and morning and evening peak period
operations.
(6) ‘‘intercity rail passenger transportation’’ means rail pas-
senger 
transportation, 
except 
commuter 
rail 
passenger
transportation.
(7) ‘‘Northeast Corridor’’ means Connecticut, Delaware, the
District of Columbia, Maryland, Massachusetts, New Jersey,
New York, Pennsylvania, and Rhode Island.
(8) ‘‘rail carrier’’ means a person providing rail transpor-
tation for compensation.
(9) ‘‘rate’’ means a rate, fare, or charge for rail transpor-
tation.
(10) ‘‘regional transportation authority’’ means an entity
established to provide passenger transportation in a region.
(11) ‘‘route and service criteria’’ means the criteria and
procedures for making route and service decisions established
under section 404(c)(1)-(3)(A) of the Rail Passenger Service
Act.
§ 24103. Enforcement
(a) GENERAL.—(1) Except as provided in paragraph (2) of this
subsection, only the Attorney General may bring a civil action
for equitable relief in a district court of the United States when
Amtrak or a rail carrier—
(A) engages in or adheres to an action, practice, or policy
inconsistent with this part;
(B) obstructs or interferes with an activity authorized under
this part;
(C) refuses, fails, or neglects to discharge its duties and
responsibilities under this part; or
(D) threatens—
(i) to engage in or adhere to an action, practice, or
policy inconsistent with this part;
(ii) to obstruct or interfere with an activity authorized
by this part; or
(iii) to refuse, fail, or neglect to discharge its duties
and responsibilities under this part.
(2) An employee affected by any conduct or threat referred
to in paragraph (1) of this subsection, or an authorized employee
representative, may bring the civil action if the conduct or threat
involves a labor agreement.
(b) REVIEW OF DISCONTINUANCE OR REDUCTION.—A discontinu-
ance of a route, a train, or transportation, or a reduction in the
frequency of transportation, by Amtrak is reviewable only in a
civil action for equitable relief brought by the Attorney General.
(c) VENUE.—Except as otherwise prohibited by law, a civil
action under this section may be brought in the judicial district
in which Amtrak or the rail carrier resides or is found.
H. R. 1758—158
§ 24104. Authorization of appropriations
(a) CAPITAL ACQUISITION
AND CORRIDOR DEVELOPMENT.—(1)
Not more than $250,000,000 may be appropriated to the Secretary
of Transportation for each of the fiscal years ending September
30, 1993, and September 30, 1994, for the benefit of Amtrak to
make capital expenditures under chapters 243–247 of this title.
(2) In addition to amounts that may be appropriated under
section 24909 of this title, not more than the following amounts
may be appropriated to the Secretary for the benefit of Amtrak
to make capital expenditures under chapter 249 of this title:
(A) $220,000,000 for the fiscal year ending September 30,
1993.
(B) $250,000,000 for the fiscal year ending September 30,
1994.
(3)(A) Not more than 15 percent of each of the amounts appro-
priated under paragraphs (1) and (2) of this subsection is available
for transportation described in subparagraphs (B) and (C) of this
paragraph.
(B) Amounts made available under subparagraph (A) of this
paragraph shall be used to develop new intercity rail passenger
transportation on corridors between cities undergoing significant
population growth and in which the transportation reasonably can
be expected to provide travel times comparable with other surface
transportation modes. An amount may be expended for the transpor-
tation only if a State requests the transportation and the State
and Amtrak agree that—
(i) Amtrak will pay at least 90 percent of the cost of
acquiring rolling stock for the transportation; and
(ii) the State will pay at least 90 percent of the cost of
improving the right of way, including track structure, signal
systems, passenger station facilities, highway and pedestrian
grade crossings, and other safety equipment and facilities.
(C) Amounts made available under subparagraph (A) of this
paragraph shall be used to begin new long distance intercity rail
passenger transportation. An amount may be expended for the
transportation only if a State requests the transportation and the
State and Amtrak agree that—
(i) Amtrak will pay at least 75 percent of the cost of
acquiring rolling stock for the transportation; and
(ii) the State will pay at least 90 percent of the cost of
improving the right of way, including track structure, signal
systems, passenger station facilities, highway and pedestrian
grade crossings, and other safety equipment and facilities.
(D) Section 24704 of this title applies to the operating expenses
of transportation described in subparagraphs (B) and (C) of this
paragraph.
(b) OPERATING EXPENSES.—(1) Not more than $381,000,000
may be appropriated to the Secretary for each of the fiscal years
ending September 30, 1993, and September 30, 1994, for the benefit
of Amtrak for operating expenses. Not more than 5 percent of
the amounts appropriated for each fiscal year shall be used to
pay operating expenses under section 24704 of this title for
transportation in operation on September 30, 1992.
(2)(A) Not more than the following amounts may be appro-
priated to the Secretary for the benefit of Amtrak for operating
losses under section 24704 of this title for transportation beginning
after September 30, 1992:
H. R. 1758—159
(i) $7,500,000 for the fiscal year ending September 30,
1993.
(ii) $9,500,000 for the fiscal year ending September 30,
1994.
(B) The expenditure by Amtrak of an amount appropriated
under subparagraph (A) of this paragraph is deemed not to be
an operating expense when calculating the revenue-to-operating
expense ratio of Amtrak.
(c) MANDATORY PAYMENTS.—(1) Not more than $150,000,000
for the fiscal year ending September 30, 1993, and amounts that
may be necessary for the fiscal year ending September 30, 1994,
may be appropriated to the Secretary to pay—
(A) tax liabilities under section 3221 of the Internal Reve-
nue Code of 1986 (26 U.S.C. 3221) due in those fiscal years
that are more than the amount needed for benefits for individ-
uals who retire from Amtrak and for their beneficiaries;
(B) obligations of Amtrak under section 8(a) of the Railroad
Unemployment Insurance Act (45 U.S.C. 358(a)) due in those
fiscal years that are more than obligations of Amtrak calculated
on an experience-related basis; and
(C) obligations of Amtrak due under section 3321 of the
Code (26 U.S.C. 3321).
(2) Amounts appropriated under this subsection are not a
United States Government subsidy of Amtrak.
(d) PAYMENT TO AMTRAK.—Amounts appropriated under this
section shall be paid to Amtrak under the budget request of the
Secretary as approved or modified by Congress when the amounts
are appropriated. A payment may not be made more frequently
than once every 90 days, unless Amtrak, for good cause, requests
more frequent payment before a 90-day period ends. In each fiscal
year in which amounts are authorized to be appropriated under
this section, amounts appropriated shall be paid to Amtrak as
follows:
(1) 50 percent on October 1.
(2) 25 percent on January 1.
(3) 25 percent on April 1.
(e) AVAILABILITY OF AMOUNTS AND EARLY APPROPRIATIONS.—
(1) Amounts appropriated under this section remain available until
expended.
(2) Amounts for capital acquisitions and improvements may
be appropriated in a fiscal year before the fiscal year in which
the amounts will be obligated.
(f) LIMITATIONS
ON USE.—Amounts appropriated under this
section may not be used to subsidize operating losses of commuter
rail passenger or rail freight transportation.
CHAPTER 243—AMTRAK
Sec.
24301.
Status and applicable laws.
24302.
Board of directors.
24303.
Officers.
24304.
Capitalization.
24305.
General authority.
24306.
Mail, express, and auto-ferry transportation.
24307.
Special transportation.
24308.
Use of facilities and providing services to Amtrak.
24309.
Retaining and maintaining facilities.
24310.
Assistance for upgrading facilities.
24311.
Acquiring interests in property by eminent domain.
H. R. 1758—160
24312.
Labor standards.
24313.
Rail safety system program.
24314.
Demonstration of new technology.
24315.
Reports and audits.
§ 24301. Status and applicable laws
(a) STATUS.—Amtrak—
(1) is a rail carrier under section 10102 of this title;
(2) shall be operated and managed as a for-profit corpora-
tion; and
(3) is not a department, agency, or instrumentality of the
United States Government.
(b) PRINCIPAL OFFICE AND PLACE OF BUSINESS.—The principal
office and place of business of Amtrak are in the District of Colum-
bia. Amtrak is qualified to do business in each State in which
Amtrak carries out an activity authorized under this part. Amtrak
shall accept service of process by certified mail addressed to the
secretary of Amtrak at its principal office and place of business.
Amtrak is a citizen only of the District of Columbia when deciding
original jurisdiction of the district courts of the United States in
a civil action.
(c) APPLICATION OF SUBTITLE IV.—(1) Subtitle IV of this title
applies to Amtrak, except for provisions related to the—
(A) regulation of rates;
(B) abandonment or extension of rail lines used only for
passenger transportation and the abandonment or extension
of operations over those lines;
(C) regulation of routes and service;
(D) discontinuance or change of rail passenger transpor-
tation operations; and
(E) issuance of securities or the assumption of an obligation
or liability related to the securities of others.
(2) Notwithstanding this subsection—
(A) sections 10721–10724 of this title apply to Amtrak;
and
(B) on application of an adversely affected motor carrier,
the Interstate Commerce Commission under any provision of
subtitle IV of this title applicable to a carrier subject to sub-
chapter I of chapter 105 of this title may hear a complaint
about an unfair or predatory rate or marketing practice of
Amtrak for a route or service operating at a loss.
(d) APPLICATION OF SAFETY AND EMPLOYEE RELATIONS LAWS
AND
REGULATIONS.—Laws and regulations governing safety,
employee representation for collective bargaining purposes, the han-
dling of disputes between carriers and employees, employee retire-
ment, annuity, and unemployment systems, and other dealings
with employees that apply to a common carrier subject to sub-
chapter I of chapter 105 of this title apply to Amtrak.
(e) APPLICATION OF CERTAIN ADDITIONAL LAWS.—Section 552
of title 5, this part, and, to the extent consistent with this part,
the District of Columbia Business Corporation Act (D.C. Code § 29–
301 et seq.) apply to Amtrak.
(f) LAWS GOVERNING LEASES AND CONTRACTS.—The laws of
the District of Columbia govern leases and contracts of Amtrak,
regardless of where they are executed.
(g) NONAPPLICATION OF RATE, ROUTE, AND SERVICE LAWS.—
A State or other law related to rates, routes, or service does not
apply to Amtrak in connection with rail passenger transportation.
H. R. 1758—161
(h) NONAPPLICATION OF PAY PERIOD LAWS.—A State or local
law related to pay periods or days for payment of employees does
not apply to Amtrak. Except when otherwise provided under a
collective bargaining agreement, an employee of Amtrak shall be
paid at least as frequently as the employee was paid on October
1, 1979.
(i) PREEMPTION RELATED TO EMPLOYEE WORK REQUIREMENTS.—
A State may not adopt or continue in force a law, rule, regulation,
order, or standard requiring Amtrak to employ a specified number
of individuals to perform a particular task, function, or operation.
(j) NONAPPLICATION
OF LAWS
ON JOINT USE
OR OPERATION
OF FACILITIES AND EQUIPMENT.—Prohibitions of law applicable to
an agreement for the joint use or operation of facilities and equip-
ment necessary to provide quick and efficient rail passenger
transportation do not apply to a person making an agreement
with Amtrak to the extent necessary to allow the person to make
and carry out obligations under the agreement.
(k) EXEMPTION FROM ADDITIONAL TAXES.—(1) In this sub-
section—
(A) ‘‘additional tax’’ means a tax or fee—
(i) on the acquisition, improvement, ownership, or oper-
ation of personal property by Amtrak; and
(ii) on real property, except a tax or fee on the acquisi-
tion of real property or on the value of real property not
attributable to improvements made, or the operation of
those improvements, by Amtrak.
(B) ‘‘Amtrak’’ includes a rail carrier subsidiary of Amtrak
and a lessor or lessee of Amtrak or one of its rail carrier
subsidiaries.
(2) Amtrak is not required to pay an additional tax because
of an expenditure to acquire or improve real property, equipment,
a facility, or right-of-way material or structures used in providing
rail passenger transportation, even if that use is indirect.
(l) EXEMPTION FROM TAXES LEVIED AFTER SEPTEMBER 30,
1981.—(1) Amtrak or a rail carrier subsidiary of Amtrak is exempt
from a tax or fee imposed by a State, a political subdivision of
a State, or a local taxing authority and levied on it after September
30, 1981. However, Amtrak is not exempt under this subsection
from a tax or fee that it was required to pay as of September
10, 1982.
(2) The district courts of the United States have original juris-
diction over a civil action Amtrak brings to enforce this subsection
and may grant equitable or declaratory relief requested by Amtrak.
(m) WASTE DISPOSAL.—(1) An intercity rail passenger car manu-
factured after October 14, 1990, shall be built to provide for the
discharge of human waste only at a servicing facility. Amtrak
shall retrofit each of its intercity rail passenger cars that was
manufactured after May 1, 1971, and before October 15, 1990,
with a human waste disposal system that provides for the discharge
of human waste only at a servicing facility. Subject to appropria-
tions—
(A) the retrofit program shall be completed not later than
October 15, 1996; and
(B) a car that does not provide for the discharge of human
waste only at a servicing facility shall be removed from service
after that date.
H. R. 1758—162
(2) Section 361 of the Public Health Service Act (42 U.S.C.
264) and other laws of the United States, States, and local govern-
ments do not apply to waste disposal from rail carrier vehicles
operated in intercity rail passenger transportation. The district
courts of the United States have original jurisdiction over a civil
action Amtrak brings to enforce this paragraph and may grant
equitable or declaratory relief requested by Amtrak.
(n) RAIL TRANSPORTATION TREATED EQUALLY.—When authoriz-
ing transportation in the continental United States for an officer,
employee, or member of the uniformed services of a department,
agency, or instrumentality of the Government, the head of that
department, agency, or instrumentality shall consider rail transpor-
tation (including transportation by extra-fare trains) the same as
transportation by another authorized mode. The Administrator of
General Services shall include Amtrak in the contract air program
of the Administrator in markets in which transportation provided
by Amtrak is competitive with other carriers on fares and total
trip times.
§ 24302. Board of directors
(a) COMPOSITION AND TERMS.—(1) The board of directors of
Amtrak is composed of the following 9 directors, each of whom
must be a citizen of the United States:
(A) the Secretary of Transportation.
(B) the President of Amtrak.
(C) 3 individuals appointed by the President of the United
States, by and with the advice and consent of the Senate,
as follows:
(i) one individual selected from a list of 3 qualified
individuals submitted by the Railway Labor Executives
Association.
(ii) one chief executive officer of a State selected from
among the chief executive officers of States with an interest
in rail transportation. The chief executive officer may select
an individual to act as the officer’s representative at board
meetings.
(iii) one individual selected as a representative of busi-
ness with an interest in rail transportation.
(D) 2 individuals selected by the President of the United
States from a list of names consisting of one individual nomi-
nated by each commuter authority for which Amtrak Commuter
provides commuter rail passenger transportation under section
24505 of this title and one individual nominated by each com-
muter authority in the region (as defined in section 102 of
the Regional Rail Reorganization Act of 1973 (45 U.S.C. 702))
that provides its own commuter rail passenger transportation
or makes a contract with an operator (except Amtrak Com-
muter), except that—
(i) one of the individuals selected must have been nomi-
nated by a commuter authority for which Amtrak Com-
muter provides commuter rail transportation; or
(ii) if Amtrak Commuter does not provide commuter
rail passenger transportation for any authority, the 2
individuals shall be selected from a list of 5 individuals
submitted by commuter authorities providing transpor-
tation over rail property of Amtrak.
H. R. 1758—163
(E) 2 individuals selected by the holders of the preferred
stock of Amtrak.
(2) An individual appointed under paragraph (1)(C) of this
subsection serves for 4 years or until the individual’s successor
is appointed and qualified. Not more than 2 individuals appointed
under paragraph (1)(C) may be members of the same political
party.
(3) An individual selected under paragraph (1)(D) of this sub-
section serves for 2 years or until the individual’s successor is
selected.
(4) An individual selected under paragraph (1)(E) of this sub-
section serves for one year or until the individual’s successor is
selected.
(5) The President of Amtrak serves as Chairman of the board.
(6) The Secretary may be represented at a meeting of the
board only by the Deputy Secretary of Transportation, the Adminis-
trator of the Federal Railroad Administration, or the General Coun-
sel of the Department of Transportation.
(b) CUMULATIVE
VOTING.—The articles of incorporation of
Amtrak shall provide for cumulative voting for all stockholders.
(c) CONFLICTS OF INTEREST.—When serving on the board, a
director appointed by the President of the United States may not
have—
(1) a financial or employment relationship with a rail car-
rier; and
(2) a significant financial relationship or an employment
relationship with a person competing with Amtrak in providing
passenger transportation.
(d) PAY AND EXPENSES.—Each director not employed by the
United States Government is entitled to $300 a day when perform-
ing board duties and powers. Each director is entitled to reimburse-
ment for necessary travel, reasonable secretarial and professional
staff support, and subsistence expenses incurred in attending board
meetings.
(e) VACANCIES.—A vacancy on the board is filled in the same
way as the original selection, except that an individual appointed
by the President of the United States under subsection (a)(1)(C)
of this section to fill a vacancy occurring before the end of the
term for which the predecessor of that individual was appointed
is appointed for the remainder of that term. A vacancy required
to be filled by appointment under subsection (a)(1)(C) must be
filled not later than 120 days after the vacancy occurs.
(f) BYLAWS.—The board may adopt and amend bylaws govern-
ing the operation of Amtrak. The bylaws shall be consistent with
this part and the articles of incorporation.
§ 24303. Officers
(a) APPOINTMENT AND TERMS.—Amtrak has a President and
other officers that are named and appointed by the board of direc-
tors of Amtrak. An officer of Amtrak must be a citizen of the
United States. Officers of Amtrak serve at the pleasure of the
board.
(b) PAY.—The board may fix the pay of the officers of Amtrak.
An officer may not be paid more than the general level of pay
for officers of rail carriers with comparable responsibility.
(c) CONFLICTS OF INTEREST.—When employed by Amtrak, an
officer may not have a financial or employment relationship with
H. R. 1758—164
another rail carrier, except that holding securities issued by a
rail carrier is not deemed to be a violation of this subsection
if the officer holding the securities makes a complete public disclo-
sure of the holdings and does not participate in any decision directly
affecting the rail carrier.
§ 24304. Capitalization
(a) STOCK.—Amtrak may have outstanding one issue of common
stock and one issue of preferred stock. Each type of stock is eligible
for a dividend. The articles of incorporation of Amtrak shall provide
that—
(1) each type of stock must be fully paid and nonassessable;
(2) common stock has a par value of $10 a share; and
(3) preferred stock has a par value of $100 a share.
(b) LIMITATIONS ON OWNERSHIP AND VOTING.—(1) A rail carrier
or person controlling a rail carrier—
(A) may not hold preferred stock of Amtrak; and
(B) may vote not more than one-third of the total number
of shares of outstanding common stock of Amtrak.
(2) Additional common stock owned by a rail carrier or person
controlling a rail carrier is deemed to be not outstanding for voting
and quorum purposes.
(c) PREFERRED
STOCK
DIVIDENDS
AND
LIQUIDATION
PREF-
ERENCES.—The articles of incorporation of Amtrak shall provide
that—
(1) its preferred stock has a cumulative dividend of at
least 6 percent a year;
(2) if a dividend on the preferred stock is not declared
and paid or set aside for payment, the deficiency shall be
declared and paid or set aside for payment before a dividend
or other distribution is made on its common stock;
(3) the preferred stock has a liquidation preference over
the common stock entitling holders of preferred stock to receive
a liquidation payment of at least par value plus all accrued
unpaid dividends before a liquidation payment is made to hold-
ers of common stock; and
(4) the preferred stock may be converted to common stock.
(d) ISSUANCE OF PREFERRED STOCK TO SECRETARY.—(1) Not
later than 30 days after the close of each fiscal quarter, Amtrak
shall issue to the Secretary of Transportation preferred stock equal,
to the nearest whole share, to the amount paid to Amtrak under
section 24104(d) of this title during the quarter.
(2) Preferred stock issued under this subsection or section
304(c)(1) of the Rail Passenger Service Act is deemed to be issued
on the date Amtrak receives the amounts for which the stock
is issued.
(3) An amendment to the articles of incorporation of Amtrak
is not required for issuing preferred stock under this subsection.
(e) TAXES AND FEES ON PREFERRED STOCK.—A tax or fee applies
to preferred stock issued under this section only if specifically
prescribed by Congress.
(f) NONVOTING CERTIFICATES OF INDEBTEDNESS.—Amtrak may
issue nonvoting certificates of indebtedness, except that an obliga-
tion with a liquidation interest superior to preferred stock issued
to the Secretary or secured by a lien on property of Amtrak may
be incurred when preferred stock issued to the Secretary is
outstanding only if the Secretary consents.
H. R. 1758—165
(g) INSPECTION RIGHTS.—Stockholders of Amtrak have the
rights of inspecting and copying set forth in section 45(b) of the
District of Columbia Business Corporation Act (D.C. Code § 29–
345(b)) regardless of the amount of stock they hold.
§ 24305. General authority
(a) ACQUISITION AND OPERATION OF EQUIPMENT AND FACILI-
TIES.—(1) Amtrak may acquire, operate, maintain, and make con-
tracts for the operation and maintenance of equipment and facilities
necessary for intercity and commuter rail passenger transportation,
the transportation of mail and express, and auto-ferry transpor-
tation.
(2) Amtrak shall operate and control directly, to the extent
practicable, all aspects of the rail passenger transportation it pro-
vides.
(b) MAINTENANCE AND REHABILITATION.—Amtrak may maintain
and rehabilitate rail passenger equipment and shall maintain a
regional maintenance plan that includes—
(1) a review panel at the principal office of Amtrak consist-
ing of members the President of Amtrak designates;
(2) a systemwide inventory of spare equipment parts in
each operational region;
(3) enough maintenance employees for cars and locomotives
in each region;
(4) a systematic preventive maintenance program;
(5) periodic evaluations of maintenance costs, time lags,
and parts shortages and corrective actions; and
(6) 
other 
elements 
or 
activities 
Amtrak 
considers
appropriate.
(c) MISCELLANEOUS AUTHORITY.—Amtrak may—
(1) make and carry out appropriate agreements;
(2) transport mail and express and shall use all feasible
methods to obtain the bulk mail business of the United States
Postal Service;
(3) improve its reservation system and advertising;
(4) provide food and beverage services on its trains only
if revenues from the services each year at least equal the
cost of providing the services;
(5) conduct research, development, and demonstration pro-
grams related to the mission of Amtrak; and
(6) buy or lease rail rolling stock and develop and dem-
onstrate improved rolling stock.
(d) THROUGH ROUTES
AND JOINT FARES.—(1) Establishing
through routes and joint fares between Amtrak and other intercity
rail passenger carriers and motor carriers of passengers is consist-
ent with the public interest and the transportation policy of the
United States. Congress encourages establishing those routes and
fares.
(2) Amtrak may establish through routes and joint fares with
any domestic or international motor carrier, air carrier, or water
carrier.
(e) RAIL POLICE.—Amtrak may employ rail police to provide
security for rail passengers and property of Amtrak. Rail police
employed by Amtrak who have complied with a State law establish-
ing requirements applicable to rail police or individuals employed
in a similar position may be employed without regard to the law
of another State containing those requirements.
H. R. 1758—166
(f) DOMESTIC BUYING PREFERENCES.—(1) In this subsection,
‘‘United States’’ means the States, territories, and possessions of
the United States and the District of Columbia.
(2) Amtrak shall buy only—
(A) unmanufactured articles, material, and supplies mined
or produced in the United States; or
(B) manufactured articles, material, and supplies manufac-
tured in the United States substantially from articles, material,
and supplies mined, produced, or manufactured in the United
States.
(3) Paragraph (2) of this subsection applies only when the
cost of those articles, material, or supplies bought is at least
$1,000,000.
(4) On application of Amtrak, the Secretary of Transportation
may exempt Amtrak from this subsection if the Secretary decides
that—
(A) for particular articles, material, or supplies—
(i) the requirements of paragraph (2) of this subsection
are inconsistent with the public interest;
(ii) the cost of imposing those requirements is
unreasonable; or
(iii) the articles, material, or supplies, or the articles,
material, or supplies from which they are manufactured,
are not mined, produced, or manufactured in the United
States in sufficient and reasonably available commercial
quantities and are not of a satisfactory quality; or
(B) rolling stock or power train equipment cannot be bought
and delivered in the United States within a reasonable time.
§ 24306. Mail, express, and auto-ferry transportation
(a) ACTIONS TO INCREASE REVENUES.—Amtrak shall take nec-
essary action to increase its revenues from the transportation of
mail and express. To increase its revenues, Amtrak may provide
auto-ferry transportation as part of the basic passenger transpor-
tation authorized by this part. When requested by Amtrak, a depart-
ment, agency, or instrumentality of the United States Government
shall assist in carrying out this section.
(b) AUTHORITY OF OTHERS TO PROVIDE AUTO-FERRY TRANSPOR-
TATION.—(1) A person primarily providing auto-ferry transportation
and any other person not a rail carrier may provide auto-ferry
transportation over any route under a certificate issued by the
Interstate Commerce Commission if the Commission finds that
the auto-ferry transportation—
(A) will not impair the ability of Amtrak to reduce its
losses or increase its revenues; and
(B) is required to meet the public demand.
(2) A rail carrier that has not made a contract with Amtrak
to provide rail passenger transportation may provide auto-ferry
transportation over its own rail lines.
(3) State and local laws and regulations that impair the provi-
sion of auto-ferry transportation do not apply to Amtrak or a
rail carrier providing auto-ferry transportation. A rail carrier may
not refuse to participate with Amtrak in providing auto-ferry
transportation because a State or local law or regulation makes
the transportation unlawful.
H. R. 1758—167
§ 24307. Special transportation
(a) REDUCED
FARE
PROGRAM.—Amtrak shall maintain a
reduced fare program for the following:
(1) individuals at least 65 years of age.
(2) individuals (except alcoholics and drug abusers) who—
(A) have a physical or mental impairment that substan-
tially limits a major life activity of the individual;
(B) have a record of an impairment; or
(C) are regarded as having an impairment.
(b) ACTIONS TO ENSURE ACCESS.—Amtrak may act to ensure
access to intercity transportation for elderly or handicapped individ-
uals on passenger trains operated by or for Amtrak. That action
may include—
(1) acquiring special equipment;
(2) conducting special training for employees;
(3) designing and acquiring new equipment and facilities;
(4) eliminating barriers in existing equipment and facilities
to comply with the highest standards of design, construction,
and alteration of property to accommodate elderly and handi-
capped individuals; and
(5) providing special assistance to elderly and handicapped
individuals when getting on and off trains and in terminal
areas.
(c) EMPLOYEE TRANSPORTATION.—(1) In this subsection, ‘‘rail
carrier employee’’ means—
(A) an active full-time employee of a rail carrier or terminal
company and includes an employee on furlough or leave of
absence;
(B) a retired employee of a rail carrier or terminal company;
and
(C) a dependent of an employee referred to in clause (A)
or (B) of this paragraph.
(2) Amtrak shall ensure that a rail carrier employee eligible
for free or reduced-rate rail transportation on April 30, 1971, under
an agreement in effect on that date is eligible, to the greatest
extent practicable, for free or reduced-rate intercity rail passenger
transportation provided by Amtrak under this part, if space is
available, on terms similar to those available on that date under
the agreement. However, Amtrak may apply to all rail carrier
employees eligible to receive free or reduced-rate transportation
under any agreement a single systemwide schedule of terms that
Amtrak decides applied to a majority of employees on that date
under all those agreements. Unless Amtrak and a rail carrier
make a different agreement, the carrier shall reimburse Amtrak
at the rate of 25 percent of the systemwide average monthly yield
of each revenue passenger-mile. The reimbursement is in place
of costs Amtrak incurs related to free or reduced-rate transpor-
tation, including liability related to travel of a rail carrier employee
eligible for free or reduced-rate transportation.
(3) This subsection does not prohibit the Interstate Commerce
Commission from ordering retroactive relief in a proceeding begun
or reopened after October 1, 1981.
§ 24308. Use of facilities and providing services to Amtrak
(a) GENERAL AUTHORITY.—(1) Amtrak may make an agreement
with a rail carrier or regional transportation authority to use facili-
ties of, and have services provided by, the carrier or authority
H. R. 1758—168
under terms on which the parties agree. The terms shall include
a penalty for untimely performance.
(2)(A) If the parties cannot agree and if the Interstate Com-
merce Commission finds it necessary to carry out this part, the
Commission shall—
(i) order that the facilities be made available and the serv-
ices provided to Amtrak; and
(ii) prescribe reasonable terms and compensation for using
the facilities and providing the services.
(B) When prescribing reasonable compensation under subpara-
graph (A) of this paragraph, the Commission shall consider quality
of service as a major factor when determining whether, and the
extent to which, the amount of compensation shall be greater than
the incremental costs of using the facilities and providing the
services.
(C) The Commission shall decide the dispute not later than
90 days after Amtrak submits the dispute to the Commission.
(3) Amtrak’s right to use the facilities or have the services
provided is conditioned on payment of the compensation. If the
compensation is not paid promptly, the rail carrier or authority
entitled to it may bring an action against Amtrak to recover the
amount owed.
(4) Amtrak shall seek immediate and appropriate legal rem-
edies to enforce its contract rights when track maintenance on
a route over which Amtrak operates falls below the contractual
standard.
(b) OPERATING DURING EMERGENCIES.—To facilitate operation
by Amtrak during an emergency, the Commission, on application
by Amtrak, shall require a rail carrier to provide facilities imme-
diately during the emergency. The Commission then shall promptly
prescribe reasonable terms, including indemnification of the carrier
by Amtrak against personal injury risk to which the carrier may
be exposed. The rail carrier shall provide the facilities for the
duration of the emergency.
(c) PREFERENCE OVER FREIGHT TRANSPORTATION.—Except in
an emergency, intercity and commuter rail passenger transportation
provided by or for Amtrak has preference over freight transportation
in using a rail line, junction, or crossing unless the Secretary
of Transportation orders otherwise under this subsection. A rail
carrier affected by this subsection may apply to the Secretary
for relief. If the Secretary, after an opportunity for a hearing under
section 553 of title 5, decides that preference for intercity and
commuter rail passenger transportation materially will lessen the
quality of freight transportation provided to shippers, the Secretary
shall establish the rights of the carrier and Amtrak on reasonable
terms.
(d) ACCELERATED SPEEDS.—If a rail carrier refuses to allow
accelerated speeds on trains operated by or for Amtrak, Amtrak
may apply to the Secretary for an order requiring the carrier
to allow the accelerated speeds. The Secretary shall decide whether
accelerated speeds are unsafe or impracticable and which improve-
ments would be required to make accelerated speeds safe and
practicable. After an opportunity for a hearing, the Secretary shall
establish the maximum allowable speeds of Amtrak trains on terms
the Secretary decides are reasonable.
(e) ADDITIONAL TRAINS.—(1) When a rail carrier does not agree
to provide, or allow Amtrak to provide, for the operation of addi-
H. R. 1758—169
tional trains over a rail line of the carrier, Amtrak may apply
to the Secretary for an order requiring the carrier to provide or
allow for the operation of the requested trains. After a hearing
on the record, the Secretary may order the carrier, within 60
days, to provide or allow for the operation of the requested trains
on a schedule based on legally permissible operating times. How-
ever, if the Secretary decides not to hold a hearing, the Secretary,
not later than 30 days after receiving the application, shall publish
in the Federal Register the reasons for the decision not to hold
the hearing.
(2) The Secretary shall consider—
(A) when conducting a hearing, whether an order would
impair unreasonably freight transportation of the rail carrier,
with the carrier having the burden of demonstrating that the
additional trains will impair the freight transportation; and
(B) when establishing scheduled running times, the statu-
tory goal of Amtrak to implement schedules that attain a
system-wide average speed of at least 60 miles an hour that
can be adhered to with a high degree of reliability and pas-
senger comfort.
(3) Unless the parties have an agreement that establishes the
compensation Amtrak will pay the carrier for additional trains
provided under an order under this subsection, the Commission
shall decide the dispute under subsection (a) of this section.
§ 24309. Retaining and maintaining facilities
(a) DEFINITIONS.—In this section—
(1) ‘‘facility’’ means a rail line, right of way, fixed equip-
ment, facility, or real property related to a rail line, right
of way, fixed equipment, or facility, including a signal system,
passenger station and repair tracks, a station building, a plat-
form, and a related facility, including a water, fuel, steam,
electric, and air line.
(2) downgrading a facility means reducing a track classifica-
tion as specified in the Federal Railroad Administration track
safety standards or altering a facility so that the time required
for rail passenger transportation to be provided over the route
on which a facility is located may be increased.
(b) APPROVAL REQUIRED
FOR DOWNGRADING
OR DISPOSAL.—
A facility of a rail carrier or regional transportation authority
that Amtrak used to provide rail passenger transportation on Feb-
ruary 1, 1979, may be downgraded or disposed of only after approval
by the Secretary of Transportation under this section.
(c) NOTIFICATION AND ANALYSIS.—(1) A rail carrier intending
to downgrade or dispose of a facility Amtrak currently is not using
to provide transportation shall notify Amtrak of its intention. If,
not later than 60 days after Amtrak receives the notice, Amtrak
and the carrier do not agree to retain or maintain the facility
or to convey an interest in the facility to Amtrak, the carrier
may apply to the Secretary for approval to downgrade or dispose
of the facility.
(2) After a rail carrier notifies Amtrak of its intention to down-
grade or dispose of a facility, Amtrak shall survey population centers
with rail passenger transportation facilities to assist in preparing
a valid and timely analysis of the need for the facility and shall
update the survey as appropriate. Amtrak also shall maintain a
system for collecting information gathered in the survey. The system
H. R. 1758—170
shall collect the information based on geographic regions and on
whether the facility would be part of a short haul or long haul
route. The survey should facilitate an analysis of—
(A) ridership potential by ascertaining existing and chang-
ing travel patterns that would provide maximum efficient rail
passenger transportation;
(B) the quality of transportation of competitors or likely
competitors;
(C) the likelihood of Amtrak offering transportation at a
competitive fare;
(D) opportunities to target advertising and fares to poten-
tial classes of riders;
(E) economic characteristics of rail passenger transpor-
tation related to the facility and the extent to which the
characteristics are consistent with sound economic principles
of short haul or long haul rail transportation; and
(F) the feasibility of applying effective internal cost controls
to the facility and route served by the facility to improve
the ratio of passenger revenue to transportation expenses
(excluding maintenance of tracks, structures, and equipment
and depreciation).
(d) APPROVAL OF APPLICATION AND PAYMENT OF AVOIDABLE
COSTS.—(1) If Amtrak does not object to an application not later
than 30 days after it is submitted, the Secretary shall approve
the application promptly.
(2) If Amtrak objects to an application, the Secretary shall
decide by not later than 180 days after the objection those costs
the rail carrier may avoid if it does not have to retain or maintain
a facility in the condition Amtrak requests. If Amtrak does not
agree by not later than 60 days after the decision to pay the
carrier these avoidable costs, the Secretary shall approve the
application. When deciding whether to pay a carrier the avoidable
costs of retaining or maintaining a facility, Amtrak shall consider—
(A) the potential importance of restoring rail passenger
transportation on the route on which the facility is located;
(B) the market potential of the route;
(C) the availability, adequacy, and energy efficiency of an
alternate rail line or alternate mode of transportation to provide
passenger transportation to or near the places that would be
served by the route;
(D) the extent to which major population centers would
be served by the route;
(E) the extent to which providing transportation over the
route would encourage the expansion of an intercity rail pas-
senger system in the United States; and
(F) the possibility of increased ridership on a rail line
that connects with the route.
(e) COMPLIANCE WITH OTHER OBLIGATIONS.—Downgrading or
disposing of a facility under this section does not relieve a rail
carrier from complying with its other common carrier or legal
obligations related to the facility.
§ 24310. Assistance for upgrading facilities
(a) TO CORRECT DANGEROUS CONDITIONS.—(1) Amtrak or the
owner of a facility presenting a danger to the employees, passengers,
or property of Amtrak may petition the Secretary of Transportation
H. R. 1758—171
for assistance to the owner for relocation or other measures under-
taken after December 31, 1977, to minimize or eliminate the danger.
(2) The Secretary shall recommend to Congress that Congress
authorize amounts for the relocation or other measures if the Sec-
retary decides that—
(A) the facility presents a danger of death or serious injury
to an employee or passenger or of serious damage to that
property; and
(B) the owner should not be expected to bear the cost
of that relocation or other measures.
(b) TO CORRECT STATE AND LOCAL VIOLATIONS.—(1) Amtrak,
by itself or jointly with an owner or operator of a rail station
Amtrak uses to provide rail passenger transportation, may apply
to the Secretary for amounts that may be appropriated under para-
graph (2) of this subsection to pay or reimburse expenses incurred
after October 1, 1987, related to the station complying with an
official notice received before October 1, 1987, from a State or
local authority stating that the station violates or allegedly violates
the building, construction, fire, electric, sanitation, mechanical, or
plumbing code.
(2) Not more than $1,000,000, may be appropriated to the
Secretary to carry out paragraph (1) of this subsection. Amounts
appropriated under this paragraph remain available until expended.
§ 24311. Acquiring interests in property by eminent domain
(a) GENERAL AUTHORITY.—(1) To the extent financial resources
are available, Amtrak may acquire by eminent domain under sub-
section (b) of this section interests in property—
(A) necessary for intercity rail passenger transportation,
except property of a rail carrier, a State, a political subdivision
of a State, or a governmental authority; or
(B) requested by the Secretary of Transportation in carry-
ing out the Secretary’s duty to design and build an intermodal
transportation terminal at Union Station in the District of
Columbia if the Secretary assures Amtrak that the Secretary
will reimburse Amtrak.
(2) Amtrak may exercise the power of eminent domain only
if it cannot—
(A) acquire the interest in the property by contract; or
(B) agree with the owner on the purchase price for the
interest.
(b) CIVIL ACTIONS.—(1) A civil action to acquire an interest
in property by eminent domain under subsection (a) of this section
must be brought in the district court of the United States for
the judicial district in which the property is located or, if a single
piece of property is located in more than one judicial district,
in any judicial district in which any piece of the property is located.
An interest is condemned and taken by Amtrak for its use when
a declaration of taking is filed under this subsection and an amount
of money estimated in the declaration to be just compensation
for the interest is deposited in the court. The declaration may
be filed with the complaint in the action or at any time before
judgment. The declaration must contain or be accompanied by—
(A) a statement of the public use for which the interest
is taken;
(B) a description of the property sufficient to identify it;
(C) a statement of the interest in the property taken;