Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	14,383	n/a	n/a
Reported in House	18,249	105	32%
Engrossed in House	17,388	61	15%
Referred in Senate	17,853	5	0%
Engrossed Amendment Senate	24,619	862	87%
Engrossed Amendment House	57,084	705	77%
Enrolled Bill	55,130	68 Show Changes Hide Changes	2%

Display Version Introduced in House Reported in House Engrossed in House Referred in Senate Engrossed Amendment Senate Engrossed Amendment House Enrolled Bill

HR 2095 EAH

In the House of Representatives, U. S.,September 24, 2008.Resolved, That the House agree to the amendment of the Senate to the bill (H.R.2095CommentsClose CommentsPermalink

) entitled ‘An Act t One Hundred Tenth Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

To amend title 49, United States Code, to prevent railroad fatalities, injuries, and hazardous materials releases, to authorize the Federal Railroad Safety Administration, and for other purposes.CommentsClose CommentsPermalink

’, with the followingHOUSE AMENDMENT TO SENATE AMENDMENT:In lieu of the matter proposed to be inserted by the amendment of the Senate, insert the following: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

DIVISION A--RAIL SAFETYCommentsClose CommentsPermalink

SEC. 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE 49.CommentsClose CommentsPermalink

(a) Short Title- This division may be cited as the ‘Rail Safety Improvement Act of 2008’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this division is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents; amendment of title 49.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink





Sec. 3. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE I--RAILROAD SAFETY IMPROVEMENTS

Sec. 101. Federal Railroad Administration officers and duties.CommentsClose CommentsPermalink





Sec. 102. Railroad safety strategy.CommentsClose CommentsPermalink





Sec. 103. Railroad safety risk reduction program.CommentsClose CommentsPermalink





Sec. 104. Implementation of positive train control.CommentsClose CommentsPermalink





Sec. 105. Railroad safety technology grants.CommentsClose CommentsPermalink





Sec. 106. Reports on statutory mandates and recommendations.CommentsClose CommentsPermalink





Sec. 107. Rulemaking process.CommentsClose CommentsPermalink





Sec. 108. Hours-of-service reform.CommentsClose CommentsPermalink





Sec. 109. Protection of railroad safety risk analyses information.CommentsClose CommentsPermalink





Sec. 110. Pilot projects.CommentsClose CommentsPermalink

TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND TRESPASSER PREVENTION

Sec. 201. Pedestrian crossing safety.CommentsClose CommentsPermalink





Sec. 202. State action plans.CommentsClose CommentsPermalink





Sec. 203. Improvements to sight distance at highway-rail grade crossings.CommentsClose CommentsPermalink





Sec. 204. National crossing inventory.CommentsClose CommentsPermalink





Sec. 205. Telephone number to report grade crossing problems.CommentsClose CommentsPermalink





Sec. 206. Operation Lifesaver.CommentsClose CommentsPermalink





Sec. 207. Federal grants to States for highway-rail grade crossing safety.CommentsClose CommentsPermalink





Sec. 208. Trespasser prevention and highway-rail grade crossing safety.CommentsClose CommentsPermalink





Sec. 209. Accident and incident reporting.CommentsClose CommentsPermalink





Sec. 210. Fostering introduction of new technology to improve safety at highway-rail grade crossings.CommentsClose CommentsPermalink

TITLE III--FEDERAL RAILROAD ADMINISTRATION

Sec. 301. Human capital increases.CommentsClose CommentsPermalink





Sec. 302. Civil penalty increases.CommentsClose CommentsPermalink





Sec. 303. Enforcement report.CommentsClose CommentsPermalink





Sec. 304. Expansion of emergency order authority.CommentsClose CommentsPermalink





Sec. 305. Prohibition of individuals from performing safety-sensitive functions for a violation of hazardous materials transportation law.CommentsClose CommentsPermalink





Sec. 306. Railroad radio monitoring authority.CommentsClose CommentsPermalink





Sec. 307. Update of Federal Railroad Administration’s website.CommentsClose CommentsPermalink





Sec. 308. Emergency waivers.CommentsClose CommentsPermalink





Sec. 309. Enforcement by the Attorney General.CommentsClose CommentsPermalink





Sec. 310. Criminal penalties.CommentsClose CommentsPermalink

TITLE IV--RAILROAD SAFETY ENHANCEMENTS

Sec. 401. Minimum training standards and plans.CommentsClose CommentsPermalink





Sec. 402. Certification of certain crafts or classes of employees.CommentsClose CommentsPermalink





Sec. 403. Track inspection time study.CommentsClose CommentsPermalink





Sec. 404. Study of methods to improve or correct station platform gaps.CommentsClose CommentsPermalink





Sec. 405. Locomotive cab studies.CommentsClose CommentsPermalink





Sec. 406. Development and use of rail safety technology.CommentsClose CommentsPermalink





Sec. 407. Unified treatment of families of railroad carriers.CommentsClose CommentsPermalink





Sec. 408. Study of repeal of Conrail provision.CommentsClose CommentsPermalink





Sec. 409. Limitations on non-Federal alcohol and drug testing by railroad carriers.CommentsClose CommentsPermalink





Sec. 410. Critical incident stress plan.CommentsClose CommentsPermalink





Sec. 411. Railroad carrier employee exposure to radiation study.CommentsClose CommentsPermalink





Sec. 412. Alcohol and controlled substance testing for maintenance-of-way employees.CommentsClose CommentsPermalink





Sec. 413. Emergency escape breathing apparatus.CommentsClose CommentsPermalink





Sec. 414. Tunnel information.CommentsClose CommentsPermalink





Sec. 415. Museum locomotive study.CommentsClose CommentsPermalink





Sec. 416. Safety inspections in Mexico.CommentsClose CommentsPermalink





Sec. 417. Railroad bridge safety assurance.CommentsClose CommentsPermalink





Sec. 418. Railroad safety infrastructure improvement grants.CommentsClose CommentsPermalink





Sec. 419. Prompt medical attention.CommentsClose CommentsPermalink





Sec. 420. Employee sleeping quarters.CommentsClose CommentsPermalink

TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE

Sec. 501. Assistance by National Transportation Safety Board to families of passengers involved in rail passenger accidents.CommentsClose CommentsPermalink





Sec. 502. Rail passenger carrier plan to assist families of passengers involved in rail passenger accidents.CommentsClose CommentsPermalink





Sec. 503. Establishment of task force.CommentsClose CommentsPermalink

TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE FACILITIES

Sec. 601. Short title.CommentsClose CommentsPermalink





Sec. 602. Clarification of general jurisdiction over solid waste transfer facilities.CommentsClose CommentsPermalink





Sec. 603. Regulation of solid waste rail transfer facilities.CommentsClose CommentsPermalink





Sec. 604. Solid waste rail transfer facility land-use exemption authority.CommentsClose CommentsPermalink





Sec. 605. Effect on other statutes and authorities.CommentsClose CommentsPermalink

TITLE VII--TECHNICAL CORRECTIONS

Sec. 701. Technical corrections.CommentsClose CommentsPermalink





(c) Amendment of Title 49- Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.CommentsClose CommentsPermalink

(a) In General- In this division:CommentsClose CommentsPermalink





(1) CROSSING- The term ‘crossing’ means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks at grade where--CommentsClose CommentsPermalink





(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; orCommentsClose CommentsPermalink





(B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated.CommentsClose CommentsPermalink





(2) DEPARTMENT- The term ‘Department’ means the Department of Transportation.CommentsClose CommentsPermalink





(3) RAILROAD- The term ‘railroad’ has the meaning given that term by section 20102 of title 49, United States Code.CommentsClose CommentsPermalink





(4) RAILROAD CARRIER- The term ‘railroad carrier’ has the meaning given that term by section 20102 of title 49, United States Code.CommentsClose CommentsPermalink





(5) SECRETARY- The term ‘Secretary’ means the Secretary of Transportation.CommentsClose CommentsPermalink





(6) STATE- The term ‘State’ means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.CommentsClose CommentsPermalink





(b) In Title 49- Section 20102 is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;CommentsClose CommentsPermalink





(2) by inserting before paragraph (2), as redesignated, the following:CommentsClose CommentsPermalink





‘(1) ‘Class I railroad’, ‘Class II railroad’, and ‘Class III railroad’ mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations.’; andCommentsClose CommentsPermalink





(3) by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(4) ‘safety-related railroad employee’ means--CommentsClose CommentsPermalink





‘(A) a railroad employee who is subject to chapter 211;CommentsClose CommentsPermalink





‘(B) another operating railroad employee who is not subject to chapter 211;CommentsClose CommentsPermalink





‘(C) an employee who maintains the right of way of a railroad;CommentsClose CommentsPermalink





‘(D) an employee of a railroad carrier who is a hazmat employee as defined in section 5102(3) of this title;CommentsClose CommentsPermalink





‘(E) an employee who inspects, repairs, or maintains locomotives, passenger cars, or freight cars; andCommentsClose CommentsPermalink





‘(F) any other employee of a railroad carrier who directly affects railroad safety, as determined by the Secretary.’.CommentsClose CommentsPermalink

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink

Section 20117(a) of title 49, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(a) In General- (1) There are authorized to be appropriated to the Secretary of Transportation to carry out this part and to carry out responsibilities under chapter 51 as delegated or authorized by the Secretary--CommentsClose CommentsPermalink





‘(A) $225,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





‘(B) $245,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





‘(C) $266,000,000 for fiscal year 2011;CommentsClose CommentsPermalink





‘(D) $289,000,000 for fiscal year 2012; andCommentsClose CommentsPermalink





‘(E) $293,000,000 for fiscal year 2013.CommentsClose CommentsPermalink





‘(2) With amounts appropriated pursuant to paragraph (1), the Secretary shall purchase Gage Restraint Measurement System vehicles and track geometry vehicles or other comparable technology as needed to assess track safety consistent with the results of the track inspection study required by section 403 of the Rail Safety Improvement Act of 2008.CommentsClose CommentsPermalink





‘(3) There are authorized to be appropriated to the Secretary $18,000,000 for the period encompassing fiscal years 2009 through 2013 to design, develop, and construct the Facility for Underground Rail Station and Tunnel at the Transportation Technology Center in Pueblo, Colorado. The facility shall be used to test and evaluate the vulnerabilities of above-ground and underground rail tunnels to prevent accidents and incidents in such tunnels, to mitigate and remediate the consequences of any such accidents or incidents, and to provide a realistic scenario for training emergency responders.CommentsClose CommentsPermalink





‘(4) Such sums as may be necessary from the amount appropriated pursuant to paragraph (1) for each of the fiscal years 2009 through 2013 shall be made available to the Secretary for personnel in regional offices and in Washington, D.C., whose duties primarily involve rail security.’.CommentsClose CommentsPermalink

TITLE I--RAILROAD SAFETY IMPROVEMENTSCommentsClose CommentsPermalink

SEC. 101. FEDERAL RAILROAD ADMINISTRATION OFFICERS AND DUTIES.CommentsClose CommentsPermalink

Section 103 is amended by striking subsections (b) through (e) and inserting the following:CommentsClose CommentsPermalink





‘(c) Safety as Highest Priority- In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in railroad transportation.CommentsClose CommentsPermalink





‘(d) Administrator- The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in railroad safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation.CommentsClose CommentsPermalink





‘(e) Deputy Administrator- The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.CommentsClose CommentsPermalink





‘(f) Chief Safety Officer- The Administration shall have an Associate Administrator for Railroad Safety appointed in the career service by the Secretary. The Associate Administrator shall be the Chief Safety Officer of the Administration. The Associate Administrator shall carry out the duties and powers prescribed by the Administrator.CommentsClose CommentsPermalink





‘(g) Duties and Powers of the Administrator- The Administrator shall carry out--CommentsClose CommentsPermalink





‘(1) duties and powers related to railroad safety vested in the Secretary by section 20134(c) and chapters 203 through 211 of this title, and by chapter 213 of this title for carrying out chapters 203 through 211;CommentsClose CommentsPermalink





‘(2) the duties and powers related to railroad policy and development under subsection (j); andCommentsClose CommentsPermalink





‘(3) other duties and powers prescribed by the Secretary.CommentsClose CommentsPermalink





‘(h) Limitation- A duty or power specified in subsection (g)(1) may be transferred to another part of the Department of Transportation or another Federal Government entity only when specifically provided by law. A decision of the Administrator in carrying out the duties or powers of the Administration and involving notice and hearing required by law is administratively final.CommentsClose CommentsPermalink





‘(i) Authorities- Subject to the provisions of subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), the Secretary of Transportation may make, enter into, and perform such contracts, grants, leases, cooperative agreements, and other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and make such payments, by way of advance or reimbursement, as the Secretary may determine to be necessary or appropriate to carry out functions at the Administration. The authority of the Secretary granted by this subsection shall be carried out by the Administrator. Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under this subsection shall be effective, except as provided for in appropriations Acts.’.CommentsClose CommentsPermalink

SEC. 102. RAILROAD SAFETY STRATEGY.CommentsClose CommentsPermalink

(a) Safety Goals- In conjunction with existing federally-required and voluntary strategic planning efforts ongoing at the Department and the Federal Railroad Administration as of the date of enactment of this Act, the Secretary shall develop a long-term strategy for improving railroad safety to cover a period of not less than 5 years. The strategy shall include an annual plan and schedule for achieving, at a minimum, the following goals:CommentsClose CommentsPermalink





(1) Reducing the number and rates of accidents, incidents, injuries, and fatalities involving railroads including train collisions, derailments, and human factors.CommentsClose CommentsPermalink





(2) Improving the consistency and effectiveness of enforcement and compliance programs.CommentsClose CommentsPermalink





(3) Improving the identification of high-risk highway-rail grade crossings and strengthening enforcement and other methods to increase grade crossing safety.CommentsClose CommentsPermalink





(4) Improving research efforts to enhance and promote railroad safety and performance.CommentsClose CommentsPermalink





(5) Preventing railroad trespasser accidents, incidents, injuries, and fatalities.CommentsClose CommentsPermalink





(6) Improving the safety of railroad bridges, tunnels, and related infrastructure to prevent accidents, incidents, injuries, and fatalities caused by catastrophic failures and other bridge and tunnel failures.CommentsClose CommentsPermalink





(b) Resource Needs- The strategy and annual plan shall include estimates of the funds and staff resources needed to accomplish the goals established by subsection (a). Such estimates shall also include the staff skills and training required for timely and effective accomplishment of each such goal.CommentsClose CommentsPermalink





(c) Submission With the President’s Budget- The Secretary shall submit the strategy and annual plan to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure at the same time as the President’s budget submission.CommentsClose CommentsPermalink





(d) Achievement of Goals-CommentsClose CommentsPermalink





(1) PROGRESS ASSESSMENT- No less frequently than annually, the Secretary shall assess the progress of the Department toward achieving the strategic goals described in subsection (a). The Secretary shall identify any deficiencies in achieving the goals within the strategy and develop and institute measures to remediate such deficiencies. The Secretary and the Administrator shall convey their assessment to the employees of the Federal Railroad Administration and shall identify any deficiencies that should be remediated before the next progress assessment.CommentsClose CommentsPermalink





(2) REPORT TO CONGRESS- Beginning in 2009, not later than November 1 of each year, the Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the performance of the Federal Railroad Administration containing the progress assessment required by paragraph (1) toward achieving the goals of the railroad safety strategy and annual plans under subsection (a).CommentsClose CommentsPermalink

SEC. 103. RAILROAD SAFETY RISK REDUCTION PROGRAM.CommentsClose CommentsPermalink

(a) In General- Subchapter II of chapter 201 is amended by adding at end thereof the following:CommentsClose CommentsPermalink

‘Sec. 20156. Railroad safety risk reduction programCommentsClose CommentsPermalink

‘(a) In General-CommentsClose CommentsPermalink





‘(1) PROGRAM REQUIREMENT- Not later than 4 years after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation, by regulation, shall require each railroad carrier that is a Class I railroad, a railroad carrier that has inadequate safety performance (as determined by the Secretary), or a railroad carrier that provides intercity rail passenger or commuter rail passenger transportation--CommentsClose CommentsPermalink





‘(A) to develop a railroad safety risk reduction program under subsection (d) that systematically evaluates railroad safety risks on its system and manages those risks in order to reduce the numbers and rates of railroad accidents, incidents, injuries, and fatalities;CommentsClose CommentsPermalink





‘(B) to submit its program, including any required plans, to the Secretary for review and approval; andCommentsClose CommentsPermalink





‘(C) to implement the program and plans approved by the Secretary.CommentsClose CommentsPermalink





‘(2) RELIANCE ON PILOT PROGRAM- The Secretary may conduct behavior-based safety and other research, including pilot programs, before promulgating regulations under this subsection and thereafter. The Secretary shall use any information and experience gathered through such research and pilot programs under this subsection in developing regulations under this section.CommentsClose CommentsPermalink





‘(3) REVIEW AND APPROVAL- The Secretary shall review and approve or disapprove railroad safety risk reduction program plans within a reasonable period of time. If the proposed plan is not approved, the Secretary shall notify the affected railroad carrier as to the specific areas in which the proposed plan is deficient, and the railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice from the Secretary. The Secretary shall annually conduct a review to ensure that the railroad carriers are complying with their plans.CommentsClose CommentsPermalink





‘(4) VOLUNTARY COMPLIANCE- A railroad carrier that is not required to submit a railroad safety risk reduction program under this section may voluntarily submit a program that meets the requirements of this section to the Secretary. The Secretary shall approve or disapprove any program submitted under this paragraph.CommentsClose CommentsPermalink





‘(b) Certification- The chief official responsible for safety of each railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall certify that the contents of the program are accurate and that the railroad carrier will implement the contents of the program as approved by the Secretary.CommentsClose CommentsPermalink





‘(c) Risk Analysis- In developing its railroad safety risk reduction program each railroad carrier required to submit such a program pursuant to subsection (a) shall identify and analyze the aspects of its railroad, including operating rules and practices, infrastructure, equipment, employee levels and schedules, safety culture, management structure, employee training, and other matters, including those not covered by railroad safety regulations or other Federal regulations, that impact railroad safety.CommentsClose CommentsPermalink





‘(d) Program Elements-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall develop a comprehensive safety risk reduction program to improve safety by reducing the number and rates of accidents, incidents, injuries, and fatalities that is based on the risk analysis required by subsection (c) through--CommentsClose CommentsPermalink





‘(A) the mitigation of aspects that increase risks to railroad safety; andCommentsClose CommentsPermalink





‘(B) the enhancement of aspects that decrease risks to railroad safety.CommentsClose CommentsPermalink





‘(2) REQUIRED COMPONENTS- Each railroad carrier’s safety risk reduction program shall include a risk mitigation plan in accordance with this section, a technology implementation plan that meets the requirements of subsection (e), and a fatigue management plan that meets the requirements of subsection (f).CommentsClose CommentsPermalink





‘(e) Technology Implementation Plan-CommentsClose CommentsPermalink





‘(1) IN GENERAL- As part of its railroad safety risk reduction program, a railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall develop, and periodically update as necessary, a 10-year technology implementation plan that describes the railroad carrier’s plan for development, adoption, implementation, maintenance, and use of current, new, or novel technologies on its system over a 10-year period to reduce safety risks identified under the railroad safety risk reduction program. Any updates to the plan are subject to review and approval by the Secretary.CommentsClose CommentsPermalink





‘(2) TECHNOLOGY ANALYSIS- A railroad carrier’s technology implementation plan shall include an analysis of the safety impact, feasibility, and cost and benefits of implementing technologies, including processor-based technologies, positive train control systems (as defined in section 20157(i)), electronically controlled pneumatic brakes, rail integrity inspection systems, rail integrity warning systems, switch position monitors and indicators, trespasser prevention technology, highway-rail grade crossing technology, and other new or novel railroad safety technology, as appropriate, that may mitigate risks to railroad safety identified in the risk analysis required by subsection (c).CommentsClose CommentsPermalink





‘(3) IMPLEMENTATION SCHEDULE- A railroad carrier’s technology implementation plan shall contain a prioritized implementation schedule for the development, adoption, implementation, and use of current, new, or novel technologies on its system to reduce safety risks identified under the railroad safety risk reduction program.CommentsClose CommentsPermalink





‘(4) POSITIVE TRAIN CONTROL- Except as required by section 20157 (relating to the requirements for implementation of positive train control systems), the Secretary shall ensure that--CommentsClose CommentsPermalink





‘(A) each railroad carrier’s technology implementation plan required under paragraph (1) that includes a schedule for implementation of a positive train control system complies with that schedule; andCommentsClose CommentsPermalink





‘(B) each railroad carrier required to submit such a plan implements a positive train control system pursuant to such plan by December 31, 2018.CommentsClose CommentsPermalink





‘(f) Fatigue Management Plan-CommentsClose CommentsPermalink





‘(1) IN GENERAL- As part of its railroad safety risk reduction program, a railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall develop and update at least once every 2 years a fatigue management plan that is designed to reduce the fatigue experienced by safety-related railroad employees and to reduce the likelihood of accidents, incidents, injuries, and fatalities caused by fatigue. Any such update shall be subject to review and approval by the Secretary.CommentsClose CommentsPermalink





‘(2) TARGETED FATIGUE COUNTERMEASURES- A railroad carrier’s fatigue management plan shall take into account the varying circumstances of operations by the railroad on different parts of its system, and shall prescribe appropriate fatigue countermeasures to address those varying circumstances.CommentsClose CommentsPermalink





‘(3) ADDITIONAL ELEMENTS- A railroad shall consider the need to include in its fatigue management plan elements addressing each of the following items, as applicable:CommentsClose CommentsPermalink





‘(A) Employee education and training on the physiological and human factors that affect fatigue, as well as strategies to reduce or mitigate the effects of fatigue, based on the most current scientific and medical research and literature.CommentsClose CommentsPermalink





‘(B) Opportunities for identification, diagnosis, and treatment of any medical condition that may affect alertness or fatigue, including sleep disorders.CommentsClose CommentsPermalink





‘(C) Effects on employee fatigue of an employee’s short-term or sustained response to emergency situations, such as derailments and natural disasters, or engagement in other intensive working conditions.CommentsClose CommentsPermalink





‘(D) Scheduling practices for employees, including innovative scheduling practices, on-duty call practices, work and rest cycles, increased consecutive days off for employees, changes in shift patterns, appropriate scheduling practices for varying types of work, and other aspects of employee scheduling that would reduce employee fatigue and cumulative sleep loss.CommentsClose CommentsPermalink





‘(E) Methods to minimize accidents and incidents that occur as a result of working at times when scientific and medical research have shown increased fatigue disrupts employees’ circadian rhythm.CommentsClose CommentsPermalink





‘(F) Alertness strategies, such as policies on napping, to address acute drowsiness and fatigue while an employee is on duty.CommentsClose CommentsPermalink





‘(G) Opportunities to obtain restful sleep at lodging facilities, including employee sleeping quarters provided by the railroad carrier.CommentsClose CommentsPermalink





‘(H) The increase of the number of consecutive hours of off-duty rest, during which an employee receives no communication from the employing railroad carrier or its managers, supervisors, officers, or agents.CommentsClose CommentsPermalink





‘(I) Avoidance of abrupt changes in rest cycles for employees.CommentsClose CommentsPermalink





‘(J) Additional elements that the Secretary considers appropriate.CommentsClose CommentsPermalink





‘(g) Consensus-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each railroad carrier required to submit a railroad safety risk reduction program under subsection (a) shall consult with, employ good faith and use its best efforts to reach agreement with, all of its directly affected employees, including any non-profit employee labor organization representing a class or craft of directly affected employees of the railroad carrier, on the contents of the safety risk reduction program.CommentsClose CommentsPermalink





‘(2) STATEMENT- If the railroad carrier and its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the railroad carrier, cannot reach consensus on the proposed contents of the plan, then directly affected employees and such organization may file a statement with the Secretary explaining their views on the plan on which consensus was not reached. The Secretary shall consider such views during review and approval of the program.CommentsClose CommentsPermalink





‘(h) Enforcement- The Secretary shall have the authority to assess civil penalties pursuant to chapter 213 for a violation of this section, including the failure to submit, certify, or comply with a safety risk reduction program, risk mitigation plan, technology implementation plan, or fatigue management plan.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201 is amended by inserting after the item relating to section 20155 the following:CommentsClose CommentsPermalink





‘20156. Railroad safety risk reduction program.’.CommentsClose CommentsPermalink

SEC. 104. IMPLEMENTATION OF POSITIVE TRAIN CONTROL.CommentsClose CommentsPermalink

(a) In General- Subchapter II of chapter 201, as amended by section 103 of this division, is further amended by adding at the end thereof the following:CommentsClose CommentsPermalink

‘Sec. 20157. Implementation of positive train control systemsCommentsClose CommentsPermalink

‘(a) In General-CommentsClose CommentsPermalink





‘(1) PLAN REQUIRED- Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation shall develop and submit to the Secretary of Transportation a plan for implementing a positive train control system by December 31, 2015, governing operations on--CommentsClose CommentsPermalink





‘(A) its main line over which intercity rail passenger transportation or commuter rail passenger transportation, as defined in section 24102, is regularly provided;CommentsClose CommentsPermalink





‘(B) its main line over which poison- or toxic-by-inhalation hazardous materials, as defined in parts 171.8, 173.115, and 173.132 of title 49, Code of Federal Regulations, are transported; andCommentsClose CommentsPermalink





‘(C) such other tracks as the Secretary may prescribe by regulation or order.CommentsClose CommentsPermalink





‘(2) IMPLEMENTATION- The plan shall describe how it will provide for interoperability of the system with movements of trains of other railroad carriers over its lines and shall, to the extent practical, implement the system in a manner that addresses areas of greater risk before areas of lesser risk. The railroad carrier shall implement a positive train control system in accordance with the plan.CommentsClose CommentsPermalink





‘(b) Technical Assistance- The Secretary may provide technical assistance and guidance to railroad carriers in developing the plans required under subsection (a).CommentsClose CommentsPermalink





‘(c) Review and Approval- Not later than 90 days after the Secretary receives a plan, the Secretary shall review and approve or disapprove it. If the proposed plan is not approved, the Secretary shall notify the affected railroad carrier or other entity as to the specific areas in which the proposed plan is deficient, and the railroad carrier or other entity shall correct all deficiencies within 30 days following receipt of written notice from the Secretary. The Secretary shall annually conduct a review to ensure that the railroad carriers are complying with their plans.CommentsClose CommentsPermalink





‘(d) Report- Not later than December 31, 2012, the Secretary shall transmit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress of the railroad carriers in implementing such positive train control systems.CommentsClose CommentsPermalink





‘(e) Enforcement- The Secretary is authorized to assess civil penalties pursuant to chapter 213 for a violation of this section, including the failure to submit or comply with a plan for implementing positive train control under subsection (a).CommentsClose CommentsPermalink





‘(f) Other Railroad Carriers- Nothing in this section restricts the discretion of the Secretary to require railroad carriers other than those specified in subsection (a) to implement a positive train control system pursuant to this section or section 20156, or to specify the period by which implementation shall occur that does not exceed the time limits established in this section or section 20156. In exercising such discretion, the Secretary shall, at a minimum, consider the risk to railroad employees and the public associated with the operations of the railroad carrier.CommentsClose CommentsPermalink





‘(g) Regulations- The Secretary shall prescribe regulations or issue orders necessary to implement this section, including regulations specifying in appropriate technical detail the essential functionalities of positive train control systems, and the means by which those systems will be qualified.CommentsClose CommentsPermalink





‘(h) Certification- The Secretary shall not permit the installation of any positive train control system or component in revenue service unless the Secretary has certified that any such system or component has been approved through the approval process set forth in part 236 of title 49, Code of Federal Regulations, and complies with the requirements of that part.CommentsClose CommentsPermalink





‘(i) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) INTEROPERABILITY- The term ‘interoperability’ means the ability to control locomotives of the host railroad and tenant railroad to communicate with and respond to the positive train control system, including uninterrupted movements over property boundaries.CommentsClose CommentsPermalink





‘(2) MAIN LINE- The term ‘main line’ means a segment or route of railroad tracks over which 5,000,000 or more gross tons of railroad traffic is transported annually, except that--CommentsClose CommentsPermalink





‘(A) the Secretary may, through regulations under subsection (g), designate additional tracks as main line as appropriate for this section; andCommentsClose CommentsPermalink





‘(B) for intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which limited or no freight railroad operations occur, the Secretary shall define the term ‘main line’ by regulation.CommentsClose CommentsPermalink





‘(3) POSITIVE TRAIN CONTROL SYSTEM- The term ‘positive train control system’ means a system designed to prevent train-to-train collisions, over-speed derailments, incursions into established work zone limits, and the movement of a train through a switch left in the wrong position.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201, as amended by section 103 of this division, is amended by inserting after the item relating to section 20156 the following:CommentsClose CommentsPermalink





‘20157. Implementation of positive train control systems.’.CommentsClose CommentsPermalink

SEC. 105. RAILROAD SAFETY TECHNOLOGY GRANTS.CommentsClose CommentsPermalink

(a) In General- Subchapter II of chapter 201, as amended by section 104 of this division, is further amended by adding at the end thereof the following:CommentsClose CommentsPermalink

‘Sec. 20158. Railroad safety technology grantsCommentsClose CommentsPermalink

‘(a) Grant Program- The Secretary of Transportation shall establish a grant program for the deployment of train control technologies, train control component technologies, processor-based technologies, electronically controlled pneumatic brakes, rail integrity inspection systems, rail integrity warning systems, switch position indicators and monitors, remote control power switch technologies, track integrity circuit technologies, and other new or novel railroad safety technology.CommentsClose CommentsPermalink





‘(b) Grant Criteria-CommentsClose CommentsPermalink





‘(1) ELIGIBILITY- Grants shall be made under this section to eligible passenger and freight railroad carriers, railroad suppliers, and State and local governments for projects described in subsection (a) that have a public benefit of improved safety and network efficiency.CommentsClose CommentsPermalink





‘(2) CONSIDERATIONS- Priority shall be given to projects that--CommentsClose CommentsPermalink





‘(A) focus on making technologies interoperable between railroad systems, such as train control technologies;CommentsClose CommentsPermalink





‘(B) accelerate train control technology deployment on high-risk corridors, such as those that have high volumes of hazardous materials shipments or over which commuter or passenger trains operate; orCommentsClose CommentsPermalink





‘(C) benefit both passenger and freight safety and efficiency.CommentsClose CommentsPermalink





‘(3) IMPLEMENTATION PLANS- Grants may not be awarded under this section to entities that fail to develop and submit to the Secretary the plans required by sections 20156(e)(2) and 20157.CommentsClose CommentsPermalink





‘(4) MATCHING REQUIREMENTS- Federal funds for any eligible project under this section shall not exceed 80 percent of the total cost of such project.CommentsClose CommentsPermalink





‘(c) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Transportation $50,000,000 for each of fiscal years 2009 through 2013 to carry out this section. Amounts appropriated pursuant to this section shall remain available until expended.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201, as amended by section 104 of this division, is further amended by inserting after the item relating to section 20157 the following:CommentsClose CommentsPermalink





‘20158. Railroad safety technology grants.’.CommentsClose CommentsPermalink

SEC. 106. REPORTS ON STATUTORY MANDATES AND RECOMMENDATIONS.CommentsClose CommentsPermalink

Not later than December 31, 2008, and annually thereafter, the Secretary shall transmit a report to the House of Representatives Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation on the specific actions taken to implement unmet statutory mandates regarding railroad safety and each open railroad safety recommendation made by the National Transportation Safety Board or the Department’s Inspector General.CommentsClose CommentsPermalink

SEC. 107. RULEMAKING PROCESS.CommentsClose CommentsPermalink

(a) Amendment- Subchapter I of chapter 201 is amended by inserting after section 20115 the following new section:CommentsClose CommentsPermalink

‘Sec. 20116. Rulemaking processCommentsClose CommentsPermalink

‘No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order, or the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201 is amended by inserting after the item relating to section 20115 the following:CommentsClose CommentsPermalink





‘20116. Rulemaking process.’.CommentsClose CommentsPermalink

SEC. 108. HOURS-OF-SERVICE REFORM.CommentsClose CommentsPermalink

(a) Change in Definition of Signal Employee- Section 21101(4) is amended by striking ‘employed by a railroad carrier’.CommentsClose CommentsPermalink





(b) Limitation on Duty Hours of Train Employees- Section 21103 is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) In General- Except as provided in subsection (d) of this section, a railroad carrier and its officers and agents may not require or allow a train employee to--CommentsClose CommentsPermalink





‘(1) remain on duty, go on duty, wait for deadhead transportation, be in deadhead transportation from a duty assignment to the place of final release, or be in any other mandatory service for the carrier in any calendar month where the employee has spent a total of 276 hours--CommentsClose CommentsPermalink





‘(A) on duty;CommentsClose CommentsPermalink





‘(B) waiting for deadhead transportation, or in deadhead transportation from a duty assignment to the place of final release; orCommentsClose CommentsPermalink





‘(C) in any other mandatory service for the carrier;CommentsClose CommentsPermalink





‘(2) remain or go on duty for a period in excess of 12 consecutive hours;CommentsClose CommentsPermalink





‘(3) remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours; orCommentsClose CommentsPermalink





‘(4) remain or go on duty after that employee has initiated an on-duty period each day for--CommentsClose CommentsPermalink





‘(A) 6 consecutive days, unless that employee has had at least 48 consecutive hours off duty at the employee’s home terminal during which time the employee is unavailable for any service for any railroad carrier except that--CommentsClose CommentsPermalink





‘(i) an employee may work a seventh consecutive day if that employee completed his or her final period of on-duty time on his or her sixth consecutive day at a terminal other than his or her home terminal; andCommentsClose CommentsPermalink





‘(ii) any employee who works a seventh consecutive day pursuant to subparagraph (i) shall have at least 72 consecutive hours off duty at the employee’s home terminal during which time the employee is unavailable for any service for any railroad carrier; orCommentsClose CommentsPermalink





‘(B) except as provided in subparagraph (A), 7 consecutive days, unless that employee has had at least 72 consecutive hours off duty at the employee’s home terminal during which time the employee is unavailable for any service for any railroad carrier, if--CommentsClose CommentsPermalink





‘(i) for a period of 18 months following the date of enactment of the Rail Safety Improvement Act of 2008, an existing collective bargaining agreement expressly provides for such a schedule or, following the expiration of 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, collective bargaining agreements entered into during such period expressly provide for such a schedule;CommentsClose CommentsPermalink





‘(ii) such a schedule is provided for by a pilot program authorized by a collective bargaining agreement; orCommentsClose CommentsPermalink





‘(iii) such a schedule is provided for by a pilot program under section 21108 of this chapter related to employees’ work and rest cycles.CommentsClose CommentsPermalink





The Secretary may waive paragraph (4), consistent with the procedural requirements of section 20103, if a collective bargaining agreement provides a different arrangement and such an arrangement is in the public interest and consistent with railroad safety.’;CommentsClose CommentsPermalink





(2) by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following:CommentsClose CommentsPermalink





‘(c) Limbo Time Limitation and Additional Rest Requirement-CommentsClose CommentsPermalink





‘(1) A railroad carrier may not require or allow an employee--CommentsClose CommentsPermalink





‘(A) to exceed a total of 40 hours per calendar month spent--CommentsClose CommentsPermalink





‘(i) waiting for deadhead transportation; orCommentsClose CommentsPermalink





‘(ii) in deadhead transportation from a duty assignment to the place of final release,CommentsClose CommentsPermalink





following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period from the date of enactment of the Rail Safety Improvement Act of 2008 to one year after such date of enactment; andCommentsClose CommentsPermalink





‘(B) to exceed a total of 30 hours per calendar month spent--CommentsClose CommentsPermalink





‘(i) waiting for deadhead transportation; orCommentsClose CommentsPermalink





‘(ii) in deadhead transportation from a duty assignment to the place of final release,CommentsClose CommentsPermalink





following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period beginning one year after the date of enactment of the Rail Safety Improvement Act of 2008 except that the Secretary may further limit the monthly limitation pursuant to regulations prescribed under section 21109.CommentsClose CommentsPermalink





‘(2) The limitations in paragraph (1) shall apply unless the train carrying the employee is directly delayed by--CommentsClose CommentsPermalink





‘(A) a casualty;CommentsClose CommentsPermalink





‘(B) an accident;CommentsClose CommentsPermalink





‘(C) an act of God;CommentsClose CommentsPermalink





‘(D) a derailment;CommentsClose CommentsPermalink





‘(E) a major equipment failure that prevents the train from advancing; orCommentsClose CommentsPermalink





‘(F) a delay resulting from a cause unknown and unforeseeable to a railroad carrier or its officer or agent in charge of the employee when the employee left a terminal.CommentsClose CommentsPermalink





‘(3) Each railroad carrier shall report to the Secretary, in accordance with procedures established by the Secretary, each instance where an employee subject to this section spends time waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release in excess of the requirements of paragraph (1).CommentsClose CommentsPermalink





‘(4) If--CommentsClose CommentsPermalink





‘(A) the time spent waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release that is not time on duty, plusCommentsClose CommentsPermalink





‘(B) the time on duty,CommentsClose CommentsPermalink





exceeds 12 consecutive hours, the railroad carrier and its officers and agents shall provide the employee with additional time off duty equal to the number of hours by which such sum exceeds 12 hours.’; andCommentsClose CommentsPermalink





(3) by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(e) Communication During Time Off Duty- During a train employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a) or during an interim period of at least 4 consecutive hours available for rest under subsection (b)(7) or during additional off-duty hours under subsection (c)(4), a railroad carrier, and its officers and agents, shall not communicate with the train employee by telephone, by pager, or in any other manner that could reasonably be expected to disrupt the employee’s rest. Nothing in this subsection shall prohibit communication necessary to notify an employee of an emergency situation, as defined by the Secretary. The Secretary may waive the requirements of this paragraph for commuter or intercity passenger railroads if the Secretary determines that such a waiver will not reduce safety and is necessary to maintain such railroads’ efficient operations and on-time performance of its trains.’.CommentsClose CommentsPermalink





(c) Limitation on Duty Hours of Signal Employees- Section 21104 is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) In General- Except as provided in subsection (c) of this section, a railroad carrier and its officers and agents may not require or allow its signal employees to remain or go on duty and a contractor or subcontractor to a railroad carrier and its officers and agents may not require or allow its signal employees to remain or go on duty --CommentsClose CommentsPermalink





‘(1) for a period in excess of 12 consecutive hours; orCommentsClose CommentsPermalink





‘(2) unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours.’;CommentsClose CommentsPermalink





(2) by striking ‘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.’ in subsection (b)(3) and inserting ‘duty.’;CommentsClose CommentsPermalink





(3) by inserting ‘A signal employee may not be allowed to remain or go on duty under the emergency authority provided under this subsection to conduct routine repairs, routine maintenance, or routine inspection of signal systems.’ after ‘service.’ in subsection (c); andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(d) Communication During Time Off Duty- During a signal employee’s minimum off-duty period of 10 consecutive hours, as provided under subsection (a), a railroad carrier or a contractor or subcontractor to a railroad carrier, and its officers and agents, shall not communicate with the signal employee by telephone, by pager, or in any other manner that could reasonably be expected to disrupt the employee’s rest. Nothing in this subsection shall prohibit communication necessary to notify an employee of an emergency situation, as defined by the Secretary.CommentsClose CommentsPermalink





‘(e) Exclusivity- The hours of service, duty hours, and rest periods of signal employees shall be governed exclusively by this chapter. Signal employees operating motor vehicles shall not be subject to any hours of service rules, duty hours or rest period rules promulgated by any Federal authority, including the Federal Motor Carrier Safety Administration, other than the Federal Railroad Administration.’.CommentsClose CommentsPermalink





(d) Alternate Hours of Service Regime-CommentsClose CommentsPermalink





(1) APPLICATION OF HOURS OF SERVICE REGIME- Section 21102 is amended--CommentsClose CommentsPermalink





(A) by striking the section caption and inserting the following:CommentsClose CommentsPermalink

‘Sec. 21102. Nonapplication, exemption, and alternate hours of service regime’; andCommentsClose CommentsPermalink

(B) by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(c) Application of Hours of Service Regime to Commuter and Intercity Passenger Railroad Train Employees-CommentsClose CommentsPermalink





‘(1) When providing commuter rail passenger transportation or intercity rail passenger transportation, the limitations on duty hours for train employees of railroad carriers, including public authorities operating passenger service, shall be solely governed by old section 21103 until the earlier of--CommentsClose CommentsPermalink





‘(A) the effective date of regulations prescribed by the Secretary under section 21109(b) of this chapter; orCommentsClose CommentsPermalink





‘(B) the date that is 3 years following the date of enactment of the Rail Safety Improvement Act of 2008.CommentsClose CommentsPermalink





‘(2) After the date on which old section 21103 ceases to apply, pursuant to paragraph (1), to the limitations on duty hours for train employees of railroad carriers with respect to the provision of commuter rail passenger transportation or intercity rail passenger transportation, the limitations on duty hours for train employees of such railroad carriers shall be governed by new section 21103, except as provided in paragraph (3).CommentsClose CommentsPermalink





‘(3) After the effective date of the regulations prescribed by the Secretary under section 21109(b) of this title, such carriers shall--CommentsClose CommentsPermalink





‘(A) comply with the limitations on duty hours for train employees with respect to the provision of commuter rail passenger transportation or intercity rail passenger transportation as prescribed by such regulations; andCommentsClose CommentsPermalink





‘(B) be exempt from complying with the provisions of old section 21103 and new section 21103 for such employees.CommentsClose CommentsPermalink





‘(4) In this subsection:CommentsClose CommentsPermalink





‘(A) The terms ‘commuter rail passenger transportation’ and ‘intercity rail passenger transportation’ have the meaning given those terms in section 24102 of this title.CommentsClose CommentsPermalink





‘(C) The term ‘new section 21103’ means section 21103 of this chapter as amended by the Rail Safety Improvement Act of 2008.CommentsClose CommentsPermalink





‘(D) The term ‘old section 21103’ means section 21103 of this chapter as it was in effect on the day before the enactment of that Act.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- The chapter analysis for chapter 211 is amended by striking the item relating to section 21102 and inserting the following:CommentsClose CommentsPermalink





‘21102. Nonapplication, exemption, and alternate hours of service regime.’.CommentsClose CommentsPermalink





(e) Regulatory Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 211 is amended by adding at the end thereof the following:CommentsClose CommentsPermalink

‘Sec. 21109. Regulatory authorityCommentsClose CommentsPermalink

‘(a) In General- In order to improve safety and reduce employee fatigue, the Secretary may prescribe regulations--CommentsClose CommentsPermalink





‘(1) to reduce the maximum hours an employee may be required or allowed to go or remain on duty to a level less than the level established under this chapter;CommentsClose CommentsPermalink





‘(2) to increase the minimum hours an employee may be required or allowed to rest to a level greater than the level established under this chapter;CommentsClose CommentsPermalink





‘(3) to limit or eliminate the amount of time an employee spends waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release that is considered neither on duty nor off duty under this chapter;CommentsClose CommentsPermalink





‘(4) for signal employees--CommentsClose CommentsPermalink





‘(A) to limit or eliminate the amount of time that is considered to be neither on duty nor off duty under this chapter that an employee spends returning from an outlying worksite after scheduled duty hours or returning from a trouble call to the employee’s headquarters or directly to the employee’s residence; andCommentsClose CommentsPermalink





‘(B) to increase the amount of time that constitutes a release period, that does not break the continuity of service and is considered time off duty; andCommentsClose CommentsPermalink





‘(5) to require other changes to railroad operating and scheduling practices, including unscheduled duty calls, that could affect employee fatigue and railroad safety.CommentsClose CommentsPermalink





‘(b) Regulations Governing the Hours of Service of Train Employees of Commuter and Intercity Passenger Railroad Carriers- Within 3 years after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary shall prescribe regulations and issue orders to establish hours of service requirements for train employees engaged in commuter rail passenger transportation and intercity rail passenger transportation (as defined in section 24102 of this title) that may differ from the requirements of this chapter. Such regulations and orders may address railroad operating and scheduling practices, including unscheduled duty calls, communications during time off duty, and time spent waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release, that could affect employee fatigue and railroad safety.CommentsClose CommentsPermalink





‘(c) Considerations- In issuing regulations under subsection (a) the Secretary shall consider scientific and medical research related to fatigue and fatigue abatement, railroad scheduling and operating practices that improve safety or reduce employee fatigue, a railroad’s use of new or novel technology intended to reduce or eliminate human error, the variations in freight and passenger railroad scheduling practices and operating conditions, the variations in duties and operating conditions for employees subject to this chapter, a railroad’s required or voluntary use of fatigue management plans covering employees subject to this chapter, and any other relevant factors.CommentsClose CommentsPermalink





‘(d) Time Limits-CommentsClose CommentsPermalink





‘(1) If the Secretary determines that regulations are necessary under subsection (a), the Secretary shall first request that the Railroad Safety Advisory Committee develop proposed regulations and, if the Committee accepts the task, provide the Committee with a reasonable time period in which to complete the task.CommentsClose CommentsPermalink





‘(2) If the Secretary requests that the Railroad Safety Advisory Committee accept the task of developing regulations under subsection (b) and the Committee accepts the task, the Committee shall reach consensus on the rulemaking within 18 months after accepting the task. If the Committee does not reach consensus within 18 months after the Secretary makes the request, the Secretary shall prescribe appropriate regulations within 18 months.CommentsClose CommentsPermalink





‘(3) If the Secretary does not request that the Railroad Safety Advisory Committee accept the task of developing regulations under subsection (b), the Secretary shall prescribe regulations within 3 years after the date of enactment of the Rail Safety Improvement Act of 2008.CommentsClose CommentsPermalink





‘(e) Pilot Projects-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary shall conduct at least 2 pilot projects of sufficient size and scope to analyze specific practices which may be used to reduce fatigue for train and engine and other railroad employees as follows:CommentsClose CommentsPermalink





‘(A) A pilot project at a railroad or railroad facility to evaluate the efficacy of communicating to employees notice of their assigned shift time 10 hours prior to the beginning of their assigned shift as a method for reducing employee fatigue.CommentsClose CommentsPermalink





‘(B) A pilot project at a railroad or railroad facility to evaluate the efficacy of requiring railroads who use employee scheduling practices that subject employees to periods of unscheduled duty calls to assign employees to defined or specific unscheduled call shifts that are followed by shifts not subject to call, as a method for reducing employee fatigue.CommentsClose CommentsPermalink





‘(2) WAIVER- The Secretary may temporarily waive the requirements of this section, if necessary, to complete a pilot project under this subsection.CommentsClose CommentsPermalink





‘(f) Duty Call Defined- In this section the term ‘duty call’ means a telephone call that a railroad places to an employee to notify the employee of his or her assigned shift time.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) The chapter analysis for chapter 211 is amended by adding at the end thereof the following:CommentsClose CommentsPermalink





‘21109. Regulatory authority.’.CommentsClose CommentsPermalink





(B) The first sentence of section 21303(a)(1) is amended by inserting ‘including section 21103 (as such section was in effect on the day before the date of enactment of the Rail Safety Improvement Act of 2008),’ after ‘this title,’ the second place it appears.CommentsClose CommentsPermalink





(f) Record Keeping and Reporting-CommentsClose CommentsPermalink





(1) REGULATIONS- Not later than 180 days after the date of enactment of this Act, the Secretary shall prescribe a regulation revising the requirements for recordkeeping and reporting for Hours of Service of Railroad Employees contained in part 228 of title 49, Code of Federal Regulations--CommentsClose CommentsPermalink





(A) to adjust record keeping and reporting requirements to support compliance with chapter 211 of title 49, United States Code, as amended by this Act;CommentsClose CommentsPermalink





(B) to authorize electronic record keeping, and reporting of excess service, consistent with appropriate considerations for user interface; andCommentsClose CommentsPermalink





(C) to require training of affected employees and supervisors, including training of employees in the entry of hours of service data.CommentsClose CommentsPermalink





(2) PROCEDURE- In lieu of issuing a notice of proposed rulemaking as contemplated by section 553 of title 5, United States Code, the Secretary may utilize the Railroad Safety Advisory Committee to assist in development of the regulation. The Secretary may propose and adopt amendments to the revised regulations thereafter as may be necessary in light of experience under the revised requirements.CommentsClose CommentsPermalink





(g) Delay in Implementation of Duty Hours Limitation Changes- The amendments made by subsections (a), (b), and (c) shall take effect 9 months after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 109. PROTECTION OF RAILROAD SAFETY RISK ANALYSES INFORMATION.CommentsClose CommentsPermalink

(a) Amendment- Subchapter I of chapter 201 is amended by adding at the end thereof the following:CommentsClose CommentsPermalink

‘Sec. 20118. Prohibition on public disclosure of railroad safety analysis recordsCommentsClose CommentsPermalink

‘(a) In General- Except as necessary for the Secretary of Transportation or another Federal agency to enforce or carry out any provision of Federal law, any part of any record (including, but not limited to, a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures it has identified with which to address those risks) that the Secretary has obtained pursuant to a provision of, or regulation or order under, this chapter related to the establishment, implementation, or modification of a railroad safety risk reduction program or pilot program is exempt from the requirements of section 552 of title 5 if the record is--CommentsClose CommentsPermalink





‘(1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; orCommentsClose CommentsPermalink





‘(2) made available for inspection and copying by an officer, employee, or agent of the Secretary pursuant to that safety risk reduction program or pilot program.CommentsClose CommentsPermalink





‘(b) Exception- Notwithstanding subsection (a), the Secretary may disclose any part of any record comprised of facts otherwise available to the public if, in the Secretary’s sole discretion, the Secretary determines that disclosure would be consistent with the confidentiality needed for that safety risk reduction program or pilot program.CommentsClose CommentsPermalink





‘(c) Discretionary Prohibition of Disclosure- The Secretary may prohibit the public disclosure of risk analyses or risk mitigation analyses that the Secretary has obtained under other provisions of, or regulations or orders under, this chapter if the Secretary determines that the prohibition of public disclosure is necessary to promote railroad safety.CommentsClose CommentsPermalink

‘Sec. 20119. Study on use of certain reports and surveysCommentsClose CommentsPermalink

‘(a) Study- The Federal Railroad Administration shall complete a study to evaluate whether it is in the public interest, including public safety and the legal rights of persons injured in railroad accidents, to withhold from discovery or admission into evidence in a Federal or State court proceeding for damages involving personal injury or wrongful death against a carrier any report, survey, schedule, list, or data compiled or collected for the purpose of evaluating, planning, or implementing a railroad safety risk reduction program required under this chapter, including a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures with which it will address those risks. In conducting this study, the Secretary shall solicit input from the railroads, railroad non-profit employee labor organizations, railroad accident victims and their families, and the general public.CommentsClose CommentsPermalink





‘(b) Authority- Following completion of the study required under subsection (a), the Secretary, if in the public interest, including public safety and the legal rights of persons injured in railroad accidents, may prescribe a rule subject to notice and comment to address the results of the study. Any such rule prescribed pursuant to this subsection shall not become effective until 1 year after its adoption.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201 is amended by inserting after the item relating to section 20117 the following:CommentsClose CommentsPermalink





‘20118. Prohibition on public disclosure of railroad safety analysis records.CommentsClose CommentsPermalink





‘20119. Study on use of certain reports and surveys.’.CommentsClose CommentsPermalink

SEC. 110. PILOT PROJECTS.CommentsClose CommentsPermalink

Section 21108 is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 21108. Pilot projectsCommentsClose CommentsPermalink

‘(a) In General- As of the date of enactment of the Rail Safety Improvement Act of 2008, a railroad carrier or railroad carriers and all nonprofit employee labor organizations representing any class or craft of directly affected covered service employees of the railroad carrier or railroad carriers, may jointly petition the Secretary of Transportation for approval of--CommentsClose CommentsPermalink





‘(1) a waiver of compliance with this chapter as in effect on the date of enactment of the Rail Safety Improvement Act of 2008; orCommentsClose CommentsPermalink





‘(2) a waiver of compliance with this chapter as it will be effective 9 months after the enactment of the Rail Safety Improvement Act of 2008,CommentsClose CommentsPermalink





to enable the establishment of one or more pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this chapter, including requirements concerning maximum on-duty and minimum off-duty periods.CommentsClose CommentsPermalink





‘(b) Granting of Waivers- The Secretary may, after notice and opportunity for comment, approve such waivers described in subsection (a) for a period not to exceed two years, if the Secretary determines that such a waiver of compliance is in the public interest and is consistent with railroad safety.CommentsClose CommentsPermalink





‘(c) Extensions- Any such waiver, based on a new petition, may be extended for additional periods of up to two years, after notice and opportunity for comment. An explanation of any waiver granted under this section shall be published in the Federal Register.CommentsClose CommentsPermalink





‘(d) Report- The Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, no later than December 31, 2012, or, if no projects are completed prior to December 31, 2012, no later than 6 months after the completion of a pilot project, a report that--CommentsClose CommentsPermalink





‘(1) explains and analyzes the effectiveness of any pilot project established pursuant to a waiver granted under subsection (a);CommentsClose CommentsPermalink





‘(2) describes the status of all other waivers granted under subsection (a) and their related pilot projects, if any; andCommentsClose CommentsPermalink





‘(3) recommends any appropriate legislative changes to this chapter.CommentsClose CommentsPermalink





‘(e) Definition- For purposes of this section, the term ‘directly affected covered service employees’ means covered service employees to whose hours of service the terms of the waiver petitioned for specifically apply.’.CommentsClose CommentsPermalink

TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND TRESPASSER PREVENTIONCommentsClose CommentsPermalink

SEC. 201. PEDESTRIAN CROSSING SAFETY.CommentsClose CommentsPermalink

Not later than 1 year after the date of enactment of this Act, the Secretary shall provide guidance to railroads on strategies and methods to prevent pedestrian accidents, incidents, injuries, and fatalities at or near passenger stations, including--CommentsClose CommentsPermalink





(1) providing audible warning of approaching trains to the pedestrians at railroad passenger stations;CommentsClose CommentsPermalink





(2) using signs, signals, or other visual devices to warn pedestrians of approaching trains;CommentsClose CommentsPermalink





(3) installing infrastructure at pedestrian crossings to improve the safety of pedestrians crossing railroad tracks;CommentsClose CommentsPermalink





(4) installing fences to prohibit access to railroad tracks; andCommentsClose CommentsPermalink





(5) other strategies or methods as determined by the Secretary.CommentsClose CommentsPermalink

SEC. 202. STATE ACTION PLANS.CommentsClose CommentsPermalink

(a) In General- Not later than 1 year after the date of enactment of this Act, the Secretary shall identify the 10 States that have had the most highway-rail grade crossing collisions, on average, over the past 3 years and require those States to develop a State grade crossing action plan within a reasonable period of time, as determined by the Secretary. The plan shall identify specific solutions for improving safety at crossings, including highway-rail grade crossing closures or grade separations, and shall focus on crossings that have experienced multiple accidents or are at high risk for such accidents. The Secretary shall provide assistance to the States in developing and carrying out, as appropriate, the plan. The plan may be coordinated with other State or Federal planning requirements and shall cover a period of time determined to be appropriate by the Secretary. The Secretary may condition the awarding of any grants under section 20158, 20167, or 22501 of title 49, United States Code, to a State identified under this section on the development of such State’s plan.CommentsClose CommentsPermalink





(b) Review and Approval- Not later than 60 days after the Secretary receives a plan under subsection (a), the Secretary shall review and approve or disapprove it. If the proposed plan is disapproved, the Secretary shall notify the affected State as to the specific areas in which the proposed plan is deficient, and the State shall correct all deficiencies within 30 days following receipt of written notice from the Secretary.CommentsClose CommentsPermalink

SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL GRADE CROSSINGS.CommentsClose CommentsPermalink

(a) In General- Subchapter II of chapter 201, as amended by section 105 of this division, is further amended by inserting after section 20158 the following:CommentsClose CommentsPermalink

‘Sec. 20159. Roadway user sight distance at highway-rail grade crossingsCommentsClose CommentsPermalink

‘Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary, after consultation with the Federal Railroad Administration, the Federal Highway Administration, and States, shall develop and make available to States model legislation providing for improving safety by addressing sight obstructions, including vegetation growth, topographic features, structures, and standing railroad equipment, at highway-rail grade crossings that are equipped solely with passive warnings, as recommended by the Inspector General of the Department of Transportation in Report No. MH-2007-044.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201, as amended by section 105 of this division, is amended by inserting after the item relating to section 20158 the following new item:CommentsClose CommentsPermalink





‘20159. Roadway user sight distance at highway-rail grade crossings.’.CommentsClose CommentsPermalink

SEC. 204. NATIONAL CROSSING INVENTORY.CommentsClose CommentsPermalink

(a) In General- Subchapter II of chapter 201, as amended by section 203 of this division, is further amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 20160. National crossing inventoryCommentsClose CommentsPermalink

‘(a) Initial Reporting of Information About Previously Unreported Crossings- Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or 6 months after a new crossing becomes operational, whichever occurs later, each railroad carrier shall--CommentsClose CommentsPermalink





‘(1) report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates; orCommentsClose CommentsPermalink





‘(2) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.CommentsClose CommentsPermalink





‘(b) Updating of Crossing Information-CommentsClose CommentsPermalink





‘(1) On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each railroad carrier shall--CommentsClose CommentsPermalink





‘(A) report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each crossing through which it operates or with respect to the trackage over which it operates; orCommentsClose CommentsPermalink





‘(B) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.CommentsClose CommentsPermalink





‘(2) A railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the Rail Safety Improvement Act of 2008 shall, not later than the date that is 18 months after the date of enactment of that Act or 3 months after the sale, whichever occurs later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, concerning the change in ownership of the crossing or part of the crossing.CommentsClose CommentsPermalink





‘(c) Rulemaking Authority- The Secretary shall prescribe the regulations necessary to implement this section. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instruction for States and railroads that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this section.CommentsClose CommentsPermalink





‘(d) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) CROSSING- The term ‘crossing’ means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks either at grade or grade-separated, where--CommentsClose CommentsPermalink





‘(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; orCommentsClose CommentsPermalink





‘(B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated.CommentsClose CommentsPermalink





‘(2) STATE- The term ‘State’ means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201, as amended by section 203 of this division, is amended by inserting after the item relating to section 20159 the following:CommentsClose CommentsPermalink





‘20160. National crossing inventory.’.CommentsClose CommentsPermalink





(c) Reporting and Updating- Section 130 of title 23, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(l) National Crossing Inventory-CommentsClose CommentsPermalink





‘(1) INITIAL REPORTING OF CROSSING INFORMATION- Not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008 or within 6 months of a new crossing becoming operational, whichever occurs later, each State shall report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported public crossing located within its borders.CommentsClose CommentsPermalink





‘(2) PERIODIC UPDATING OF CROSSING INFORMATION- On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each State shall report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each public crossing located within its borders.CommentsClose CommentsPermalink





‘(3) RULEMAKING AUTHORITY- The Secretary shall prescribe the regulations necessary to implement this subsection. The Secretary may enforce each provision of the Department of Transportation’s statement of the national highway-rail crossing inventory policy, procedures, and instructions for States and railroads that is in effect on the date of enactment of the Rail Safety Improvement Act of 2008, until such provision is superseded by a regulation issued under this subsection.CommentsClose CommentsPermalink





‘(4) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink





‘(A) ‘public crossing’ means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks either at grade or grade-separated, where--CommentsClose CommentsPermalink





‘(i) a public highway, road, or street, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; orCommentsClose CommentsPermalink





‘(ii) a publicly owned pathway explicitly authorized by a public authority or a railroad carrier and dedicated for the use of non-vehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated; andCommentsClose CommentsPermalink





‘(B) ‘State’ means a State of the United States, the District of Columbia, or Puerto Rico.’.CommentsClose CommentsPermalink





(d) Civil Penalties-CommentsClose CommentsPermalink





(1) Section 21301(a)(1) is amended--CommentsClose CommentsPermalink





(A) by inserting ‘with section 20160 or’ after ‘comply’ in the first sentence; andCommentsClose CommentsPermalink





(B) by inserting ‘section 20160 of this title or’ after ‘violating’ in the second sentence.CommentsClose CommentsPermalink





(2) Section 21301(a)(2) is amended by inserting ‘The Secretary shall impose a civil penalty for a violation of section 20160 of this title.’ after the first sentence.CommentsClose CommentsPermalink

SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING PROBLEMS.CommentsClose CommentsPermalink

(a) In General- Section 20152 is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 20152. Notification of grade crossing problemsCommentsClose CommentsPermalink

‘(a) In General- Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall require each railroad carrier to--CommentsClose CommentsPermalink





‘(1) establish and maintain a toll-free telephone service for rights-of-way over which it dispatches trains, to directly receive calls reporting--CommentsClose CommentsPermalink





‘(A) malfunctions of signals, crossing gates, and other devices to promote safety at the grade crossing of railroad tracks on those rights-of-way and public or private roads;CommentsClose CommentsPermalink





‘(B) disabled vehicles blocking railroad tracks at such grade crossings;CommentsClose CommentsPermalink





‘(C) obstructions to the view of a pedestrian or a vehicle operator for a reasonable distance in either direction of a train’s approach; orCommentsClose CommentsPermalink





‘(D) other safety information involving such grade crossings;CommentsClose CommentsPermalink





‘(2) upon receiving a report pursuant to paragraph (1)(A) or (B), immediately contact trains operating near the grade crossing to warn them of the malfunction or disabled vehicle;CommentsClose CommentsPermalink





‘(3) upon receiving a report pursuant to paragraph (1)(A) or (B), and after contacting trains pursuant to paragraph (2), contact, as necessary, appropriate public safety officials having jurisdiction over the grade crossing to provide them with the information necessary for them to direct traffic, assist in the removal of the disabled vehicle, or carry out other activities as appropriate;CommentsClose CommentsPermalink





‘(4) upon receiving a report pursuant to paragraph (1)(C) or (D), timely investigate the report, remove the obstruction if possible, or correct the unsafe circumstance; andCommentsClose CommentsPermalink





‘(5) ensure the placement at each grade crossing on rights-of-way that it owns of appropriately located signs, on which shall appear, at a minimum--CommentsClose CommentsPermalink





‘(A) a toll-free telephone number to be used for placing calls described in paragraph (1) to the railroad carrier dispatching trains on that right-of-way;CommentsClose CommentsPermalink





‘(B) an explanation of the purpose of that toll-free telephone number; andCommentsClose CommentsPermalink





‘(C) the grade crossing number assigned for that crossing by the National Highway-Rail Crossing Inventory established by the Department of Transportation.CommentsClose CommentsPermalink





‘(b) Waiver- The Secretary may waive the requirement that the telephone service be toll-free for Class II and Class III rail carriers if the Secretary determines that toll-free service would be cost prohibitive or unnecessary.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201 is amended by striking the item relating to section 20152 and inserting the following:CommentsClose CommentsPermalink





‘20152. Notification of grade crossing problems.’.CommentsClose CommentsPermalink

SEC. 206. OPERATION LIFESAVER.CommentsClose CommentsPermalink

(a) Grant- The Federal Railroad Administration shall make a grant or grants to Operation Lifesaver to carry out a public information and education program to help prevent and reduce pedestrian, motor vehicle, and other accidents, incidents, injuries, and fatalities, and to improve awareness along railroad rights-of-way and at highway-rail grade crossings. The program shall include, as appropriate, development, placement, and dissemination of Public Service Announcements in newspaper, radio, television, and other media. The program shall also include, as appropriate, school presentations, brochures and materials, support for public awareness campaigns, and related support for the activities of Operation Lifesaver’s member organizations. As part of an educational program funded by grants awarded under this section, Operation Lifesaver shall provide information to the public on how to identify and report to the appropriate authorities unsafe or malfunctioning highway-rail grade crossings.CommentsClose CommentsPermalink





(b) Pilot Program- The Secretary may allow funds provided under subsection (a) also to be used by Operation Lifesaver to implement a pilot program, to be known as the Railroad Safety Public Awareness Program, that addresses the need for targeted and sustained community outreach on the subjects described in subsection (a). Such a pilot program shall be established in 1 or more States identified under section 202 of this division. In carrying out such a pilot program Operation Lifesaver shall work with the State, community leaders, school districts, and public and private partners to identify the communities at greatest risk, to develop appropriate measures to reduce such risks, and shall coordinate the pilot program with the State grade crossing action plan.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There are authorized to be appropriated to the Federal Railroad Administration for carrying out this section--CommentsClose CommentsPermalink





(1) $2,000,000 for each of fiscal years 2010 and 2011; andCommentsClose CommentsPermalink





(2) $1,500,000 for each of fiscal years 2012 and 2013.CommentsClose CommentsPermalink

SEC. 207. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE CROSSING SAFETY.CommentsClose CommentsPermalink

(a) In General- Part B of subtitle V is amended by adding at the end thereof the following:CommentsClose CommentsPermalink

‘CHAPTER 225--FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE CROSSING SAFETY

‘Sec.CommentsClose CommentsPermalink





‘22501. Financial assistance to States for certain projects.CommentsClose CommentsPermalink





‘22502. Distribution.CommentsClose CommentsPermalink





‘22503. Standards for awarding grants.CommentsClose CommentsPermalink





‘22504. Use of funds.CommentsClose CommentsPermalink





‘22505. Authorization of appropriations.CommentsClose CommentsPermalink

‘Sec. 22501. Financial assistance to States for certain projectsCommentsClose CommentsPermalink

‘The Secretary of Transportation shall make grants--CommentsClose CommentsPermalink





‘(1) to a maximum of 3 States per year for development or continuance of enhanced public education and awareness activities, in combination with targeted law enforcement, to significantly reduce violations of traffic laws at highway-rail grade crossings and to help prevent and reduce injuries and fatalities along railroad rights-of-way; andCommentsClose CommentsPermalink





‘(2) to provide for priority highway-rail grade crossing safety improvements, including the installation, repair, or improvement of--CommentsClose CommentsPermalink





‘(A) railroad crossing signals, gates, and related technologies, including median barriers and four quadrant gates;CommentsClose CommentsPermalink





‘(B) highway traffic signalization, including highway signals tied to railroad signal systems;CommentsClose CommentsPermalink





‘(C) highway lighting and crossing approach signage;CommentsClose CommentsPermalink





‘(D) roadway improvements, including railroad crossing panels and surfaces; andCommentsClose CommentsPermalink





‘(E) related work to mitigate dangerous conditions.CommentsClose CommentsPermalink

‘Sec. 22502. DistributionCommentsClose CommentsPermalink

‘The Secretary shall provide the grants to the State agency or agencies responsible for highway-rail grade crossing safety.CommentsClose CommentsPermalink

‘Sec. 22503. Standards for awarding grantsCommentsClose CommentsPermalink

‘(a) Section 22501(1) Grants- The Secretary shall provide grants under section 22501(1) based upon the merits of the proposed program of activities provided by the State and upon a determination of where the grants will provide the greatest safety benefits. The Secretary may give priority to States that have developed and implemented a State grade crossing action plan, as described under section 202 of the Rail Safety Improvement Act of 2008.CommentsClose CommentsPermalink





‘(b) Section 22501(2) Grants- The Secretary shall provide grants to State and local governments under section 22501(2) to provide priority grade crossing safety improvements on an expedited basis at a location where there has been a highway-rail grade crossing collision within the previous two years involving major loss of life or multiple serious bodily injuries.CommentsClose CommentsPermalink

‘Sec. 22504. Use of fundsCommentsClose CommentsPermalink

‘(a) In General- Any State receiving a grant under section 22501(1) shall use the funds to develop, implement, and continue to measure the effectiveness of a dedicated program of public education and enforcement of highway-rail crossing safety laws and to prevent casualties along railroad rights-of-way. The Secretary may not make a grant under this chapter available to assist a State or political subdivision thereof in establishing or continuing a quiet zone pursuant to part 222 of title 49, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(b) Maximum Grant Amount Under Section 22501(2)- No grant awarded under section 22501(2) may exceed $250,000.CommentsClose CommentsPermalink

‘Sec. 22505. Authorization of appropriationsCommentsClose CommentsPermalink

‘There are authorized to be appropriated to the Secretary $1,500,000 for each of fiscal years 2010 through 2013 to carry out the provisions of section 22501(1) of this chapter. There are authorized to be appropriated to the Secretary $1,500,000 for each of fiscal years 2010 through 2013 to carry out the provisions of section 22501(2) of this chapter. Amounts appropriated pursuant to this section shall remain available until expended.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The subtitle analysis for subtitle V is amended by inserting after the item relating to chapter 223 the following:CommentsClose CommentsPermalink

22501’.CommentsClose CommentsPermalink

SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL GRADE CROSSING SAFETY.CommentsClose CommentsPermalink

(a) Trespasser Prevention and Highway-Rail Grade Crossing Warning Sign Violations- Section 20151 is amended--CommentsClose CommentsPermalink





(1) by striking the section heading and inserting the following:CommentsClose CommentsPermalink

‘Sec. 20151. Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy’;CommentsClose CommentsPermalink

(2) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(a) Evaluation of Existing Laws- In consultation with affected parties, the Secretary of Transportation shall evaluate and review current local, State, and Federal laws regarding trespassing on railroad property, vandalism affecting railroad safety, and violations of highway-rail grade crossing signs, signals, markings, or other warning devices and develop model prevention strategies and enforcement laws to be used for the consideration of State and local legislatures and governmental entities. The first such evaluation and review shall be completed within 1 year after the date of enactment of the Rail Safety Improvement Act of 2008. The Secretary shall revise the model prevention strategies and enforcement codes periodically.’;CommentsClose CommentsPermalink





(3) by inserting ‘for Trespassing and Vandalism Prevention’ in the subsection heading of subsection (b) after ‘Outreach Program’;CommentsClose CommentsPermalink





(4) in subsection (c)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;CommentsClose CommentsPermalink





(B) by inserting ‘(1)’ after ‘Model Legislation- ’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(2) Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary, after consultation with State and local governments and railroad carriers, shall develop and make available to State and local governments model State legislation providing for civil or criminal penalties, or both, for violations of highway-rail grade crossing signs, signals, markings, or other warning devices.’; andCommentsClose CommentsPermalink





(5) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(d) Definition- In this section, the term ‘violation of highway-rail grade crossing signs, signals, markings, or other warning devices’ includes any action by a motorist, unless directed by an authorized safety officer--CommentsClose CommentsPermalink





‘(1) to drive around a grade crossing gate in a position intended to block passage over railroad tracks;CommentsClose CommentsPermalink





‘(2) to drive through a flashing grade crossing signal;CommentsClose CommentsPermalink





‘(3) to drive through a grade crossing with passive warning signs without ensuring that the grade crossing could be safely crossed before any train arrived; andCommentsClose CommentsPermalink





‘(4) in the vicinity of a grade crossing, who creates a hazard of an accident involving injury or property damage at the grade crossing.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201 is amended by striking the item relating to section 20151 and inserting the following:CommentsClose CommentsPermalink





‘20151. Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy.’.CommentsClose CommentsPermalink





(c) Educational or Awareness Program Items for Distribution- Section 20134(a) is amended by adding at the end the following: ‘The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.’.CommentsClose CommentsPermalink

SEC. 209. ACCIDENT AND INCIDENT REPORTING.CommentsClose CommentsPermalink

The Federal Railroad Administration shall conduct an audit of each Class I railroad at least once every 2 years and conduct an audit of each non-Class I railroad at least once every 5 years to ensure that all grade crossing collisions and fatalities are reported to any Federal national accident database.CommentsClose CommentsPermalink

SEC. 210. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO IMPROVE SAFETY AT HIGHWAY-RAIL GRADE CROSSINGS.CommentsClose CommentsPermalink

(a) Amendment- Subchapter II of chapter 201, as amended by section 204 of this division, is further amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 20161. Fostering introduction of new technology to improve safety at highway-rail grade crossingsCommentsClose CommentsPermalink

‘(a) Findings-CommentsClose CommentsPermalink





‘(1) Collisions between highway users and trains at highway-rail grade crossings continue to cause an unacceptable loss of life, serious personal injury, and property damage.CommentsClose CommentsPermalink





‘(2) While elimination of at-grade crossings through consolidation of crossings and grade separations offers the greatest long-term promise for optimizing the safety and efficiency of the two modes of transportation, over 140,000 public grade crossings remain on the general rail system--approximately one for each route mile on the general rail system.CommentsClose CommentsPermalink





‘(3) Conventional highway traffic control devices such as flashing lights and gates are often effective in warning motorists of a train’s approach to an equipped crossing.CommentsClose CommentsPermalink





‘(4) Since enactment of the Highway Safety Act of 1973, over $4,200,000,000 of Federal funding has been invested in safety improvements at highway-rail grade crossings, yet a majority of public highway-rail grade crossings are not yet equipped with active warning systems.CommentsClose CommentsPermalink





‘(5) The emergence of new technologies presents opportunities for more effective and affordable warnings and safer passage of highway users and trains at remaining highway-rail grade crossings.CommentsClose CommentsPermalink





‘(6) Implementation of new crossing safety technology will require extensive cooperation between highway authorities and railroad carriers.CommentsClose CommentsPermalink





‘(7) Federal Railroad Administration regulations establishing performance standards for processor-based signal and train control systems provide a suitable framework for qualification of new or novel technology at highway-rail grade crossings, and the Federal Highway Administration’s Manual on Uniform Traffic Control Devices provides an appropriate means of determining highway user interface with such new technology.CommentsClose CommentsPermalink





‘(b) Policy- It is the policy of the United States to encourage the development of new technology that can prevent loss of life and injuries at highway-rail grade crossings. The Secretary of Transportation is designated to carry out this policy in consultation with States and necessary public and private entities.CommentsClose CommentsPermalink





‘(c) Submission of New Technology Proposals- Railroad carriers and railroad suppliers may submit for review and approval to the Secretary such new technology designed to improve safety at highway-rail grade crossings. The Secretary shall approve by order the new technology designed to improve safety at highway-rail grade crossings in accordance with Federal Railroad Administration standards for the development and use of processor-based signal and train control systems and shall consider the effects on safety of highway-user interface with the new technology.CommentsClose CommentsPermalink





‘(d) Effect of Secretarial Approval- If the Secretary approves by order new technology to provide warning to highway users at a highway-rail grade crossing and such technology is installed at a highway-rail grade crossing in accordance with the conditions of the approval, this determination preempts any State statute or regulation concerning the adequacy of the technology in providing warning at the crossing.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201, as amended by section 204 of this division, is further amended by inserting after the item relating to section 20160, the following:CommentsClose CommentsPermalink





‘20161. Fostering introduction of new technology to improve safety at highway-rail grade crossings.’.CommentsClose CommentsPermalink

TITLE III--FEDERAL RAILROAD ADMINISTRATIONCommentsClose CommentsPermalink

SEC. 301. HUMAN CAPITAL INCREASES.CommentsClose CommentsPermalink

(a) In General- The Secretary shall increase the number of Federal Railroad Administration employees by--CommentsClose CommentsPermalink





(1) 50 employees in fiscal year 2009;CommentsClose CommentsPermalink





(2) 50 employees in fiscal year 2010;CommentsClose CommentsPermalink





(3) 50 employees in fiscal year 2011;CommentsClose CommentsPermalink





(4) 25 employees in fiscal year 2012; andCommentsClose CommentsPermalink





(5) 25 employees in fiscal year 2013.CommentsClose CommentsPermalink





(b) Functions- In increasing the number of employees pursuant to subsection (a), the Secretary shall focus on hiring employees--CommentsClose CommentsPermalink





(1) specifically trained to conduct on-site railroad and highway-rail grade crossing accident investigations;CommentsClose CommentsPermalink





(2) to implement the Railroad Safety Strategy;CommentsClose CommentsPermalink





(3) to administer and implement section 20156 of title 49, United States Code, relating to the Railroad Safety Risk Reduction Program;CommentsClose CommentsPermalink





(4) to conduct routine inspections and audits of railroad and hazardous materials facilities and records for compliance with railroad safety laws and regulations;CommentsClose CommentsPermalink





(5) to inspect railroad bridges, tunnels, and related infrastructure, and to review or analyze railroad bridge, tunnel, and related infrastructure inspection reports;CommentsClose CommentsPermalink





(6) to prevent or respond to natural or manmade emergency situations or events involving rail infrastructure or employees;CommentsClose CommentsPermalink





(7) to implement section 20157 of title 49, United States Code, relating to positive train control systems;CommentsClose CommentsPermalink





(8) to implement section 20164 of title 49, United States Code, relating to the development and use of rail safety technology; andCommentsClose CommentsPermalink





(9) to support the Federal Railroad Administration’s safety mission.CommentsClose CommentsPermalink

SEC. 302. CIVIL PENALTY INCREASES.CommentsClose CommentsPermalink

(a) General Violations of Chapter 201- Section 21301(a)(2) is amended--CommentsClose CommentsPermalink





(1) by striking ‘$10,000.’ and inserting ‘$25,000.’; andCommentsClose CommentsPermalink





(2) by striking ‘$20,000.’ and inserting ‘$100,000.’.CommentsClose CommentsPermalink





(b) Accident and Incident Violations of Chapter 201; Violations of Chapters 203 Through 209- Section 21302(a)(2) is amended--CommentsClose CommentsPermalink





(1) by striking ‘$10,000.’ and inserting ‘$25,000.’; andCommentsClose CommentsPermalink





(2) by striking ‘$20,000.’ and inserting ‘$100,000.’.CommentsClose CommentsPermalink





(c) Violations of Chapter 211- Section 21303(a)(2) is amended--CommentsClose CommentsPermalink





(1) by striking ‘$10,000.’ and inserting ‘$25,000.’; andCommentsClose CommentsPermalink





(2) by striking ‘$20,000.’ and inserting ‘$100,000.’.CommentsClose CommentsPermalink

SEC. 303. ENFORCEMENT REPORT.CommentsClose CommentsPermalink

(a) In General- Subchapter I of chapter 201, as amended by section 109 of this division, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 20120. Enforcement reportCommentsClose CommentsPermalink

‘(a) In General- Beginning not later than December 31, 2009, the Secretary of Transportation shall make available to the public and publish on its public website an annual report that--CommentsClose CommentsPermalink





‘(1) provides a summary of railroad safety and hazardous materials compliance inspections and audits that Federal or State inspectors conducted in the prior fiscal year organized by type of alleged violation, including track, motive power and equipment, signal, grade crossing, operating practices, accident and incidence reporting, and hazardous materials;CommentsClose CommentsPermalink





‘(2) provides a summary of all enforcement actions taken by the Secretary or the Federal Railroad Administration during the prior fiscal year, including--CommentsClose CommentsPermalink





‘(A) the number of civil penalties assessed;CommentsClose CommentsPermalink





‘(B) the initial amount of civil penalties assessed;CommentsClose CommentsPermalink





‘(C) the number of civil penalty cases settled;CommentsClose CommentsPermalink





‘(D) the final amount of civil penalties assessed;CommentsClose CommentsPermalink





‘(E) the difference between the initial and final amounts of civil penalties assessed;CommentsClose CommentsPermalink





‘(F) the number of administrative hearings requested and completed related to hazardous materials transportation law violations or enforcement actions against individuals;CommentsClose CommentsPermalink





‘(G) the number of cases referred to the Attorney General for civil or criminal prosecution;CommentsClose CommentsPermalink





‘(H) the number and subject matter of all compliance orders, emergency orders, or precursor agreements;CommentsClose CommentsPermalink





‘(3) analyzes the effect of the number of inspections conducted and enforcement actions taken on the number and rate of reported accidents and incidents and railroad safety;CommentsClose CommentsPermalink





‘(4) provide the information required by paragraphs (2) and (3)--CommentsClose CommentsPermalink





‘(A) for each Class I railroad individually; andCommentsClose CommentsPermalink





‘(B) in the aggregate for--CommentsClose CommentsPermalink





‘(i) Class II railroads;CommentsClose CommentsPermalink





‘(ii) Class III railroads;CommentsClose CommentsPermalink





‘(iii) hazardous materials shippers; andCommentsClose CommentsPermalink





‘(iv) individuals;CommentsClose CommentsPermalink





‘(5) identifies the number of locomotive engineer certification denial or revocation cases appealed to and the average length of time it took to be decided by--CommentsClose CommentsPermalink





‘(A) the Locomotive Engineer Review Board;CommentsClose CommentsPermalink





‘(B) an Administrative Hearing Officer or Administrative Law Judge; orCommentsClose CommentsPermalink





‘(C) the Administrator of the Federal Railroad Administration;CommentsClose CommentsPermalink





‘(6) provides an explanation regarding any changes in the Secretary’s or the Federal Railroad Administration’s enforcement programs or policies that may substantially affect the information reported; andCommentsClose CommentsPermalink





‘(7) includes any additional information that the Secretary determines is useful to improve the transparency of its enforcement program.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201, as amended by section 109 of this division, is amended by inserting after the item relating to section 20119 the following:CommentsClose CommentsPermalink





‘20120. Enforcement report.’.CommentsClose CommentsPermalink

SEC. 304. EXPANSION OF EMERGENCY ORDER AUTHORITY.CommentsClose CommentsPermalink

Section 20104(a)(1) is amended by striking ‘death or personal injury’ and inserting ‘death, personal injury, or significant harm to the environment’.CommentsClose CommentsPermalink

SEC. 305. PROHIBITION OF INDIVIDUALS FROM PERFORMING SAFETY-SENSITIVE FUNCTIONS FOR A VIOLATION OF HAZARDOUS MATERIALS TRANSPORTATION LAW.CommentsClose CommentsPermalink

Section 20111(c) is amended to read as follows:CommentsClose CommentsPermalink





‘(c) Orders Prohibiting Individuals From Performing Safety-Sensitive Functions-CommentsClose CommentsPermalink





‘(1) If an individual’s violation of this part, chapter 51 of this title, or a regulation prescribed, or an order issued, by the Secretary under this part or chapter 51 of this title is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after providing notice and an opportunity 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.CommentsClose CommentsPermalink





‘(2) This subsection does not affect the Secretary’s authority under section 20104 of this title to act on an emergency basis.’.CommentsClose CommentsPermalink

SEC. 306. RAILROAD RADIO MONITORING AUTHORITY.CommentsClose CommentsPermalink

Section 20107 is amended by inserting at the end the following:CommentsClose CommentsPermalink





‘(c) Railroad Radio Communications-CommentsClose CommentsPermalink





‘(1) IN GENERAL- To carry out the Secretary’s responsibilities under this part and under chapter 51, the Secretary may authorize officers, employees, or agents of the Secretary to conduct, with or without making their presence known, the following activities in circumstances the Secretary finds to be reasonable:CommentsClose CommentsPermalink





‘(A) Intercepting a radio communication, with or without the consent of the sender or other receivers of the communication, but only where such communication is broadcast or transmitted over a radio frequency which is--CommentsClose CommentsPermalink





‘(i) authorized for use by one or more railroad carriers by the Federal Communications Commission; andCommentsClose CommentsPermalink





‘(ii) primarily used by such railroad carriers for communications in connection with railroad operations.CommentsClose CommentsPermalink





‘(B) Communicating the existence, contents, substance, purport, effect, or meaning of the communication, subject to the restrictions in paragraph (3).CommentsClose CommentsPermalink





‘(C) Receiving or assisting in receiving the communication (or any information therein contained).CommentsClose CommentsPermalink





‘(D) Disclosing the contents, substance, purport, effect, or meaning of the communication (or any part thereof of such communication) or using the communication (or any information contained therein), subject to the restrictions in paragraph (3), after having received the communication or acquired knowledge of the contents, substance, purport, effect, or meaning of the communication (or any part thereof).CommentsClose CommentsPermalink





‘(E) Recording the communication by any means, including writing and tape recording.CommentsClose CommentsPermalink





‘(2) ACCIDENT AND INCIDENT PREVENTION AND INVESTIGATION- The Secretary, and officers, employees, and agents of the Department of Transportation authorized by the Secretary, may engage in the activities authorized by paragraph (1) for the purpose of accident and incident prevention and investigation.CommentsClose CommentsPermalink





‘(3) USE OF INFORMATION- (A) Information obtained through activities authorized by paragraphs (1) and (2) shall not be admitted into evidence in any administrative or judicial proceeding except--CommentsClose CommentsPermalink





‘(i) in a prosecution of a felony under Federal or State criminal law; orCommentsClose CommentsPermalink





‘(ii) to impeach evidence offered by a party other than the Federal Government regarding the existence, electronic characteristics, content, substance, purport, effect, meaning, or timing of, or identity of parties to, a communication intercepted pursuant to paragraphs (1) and (2) in proceedings pursuant to section 5122, 5123, 20702(b), 20111, 20112, 20113, or 20114 of this title.CommentsClose CommentsPermalink





‘(B) If information obtained through activities set forth in paragraphs (1) and (2) is admitted into evidence for impeachment purposes in accordance with subparagraph (A), the court, administrative law judge, or other officer before whom the proceeding is conducted may make such protective orders regarding the confidentiality or use of the information as may be appropriate in the circumstances to protect privacy and administer justice.CommentsClose CommentsPermalink





‘(C) No evidence shall be excluded in an administrative or judicial proceeding solely because the government would not have learned of the existence of or obtained such evidence but for the interception of information that is not admissible in such proceeding under subparagraph (A).CommentsClose CommentsPermalink





‘(D) Information obtained through activities set forth in paragraphs (1) and (2) shall not be subject to publication or disclosure, or search or review in connection therewith, under section 552 of title 5.CommentsClose CommentsPermalink





‘(E) Nothing in this subsection shall be construed to impair or otherwise affect the authority of the United States to intercept a communication, and collect, retain, analyze, use, and disseminate the information obtained thereby, under a provision of law other than this subsection.CommentsClose CommentsPermalink





‘(4) APPLICATION WITH OTHER LAW- Section 705 of the Communications Act of 1934 (47 U.S.C. 605) and chapter 119 of title 18 shall not apply to conduct authorized by and pursuant to this subsection.’.CommentsClose CommentsPermalink

SEC. 307. UPDATE OF FEDERAL RAILROAD ADMINISTRATION’S WEBSITE.CommentsClose CommentsPermalink

(a) In General- The Secretary shall update the Federal Railroad Administration’s public website to better facilitate the ability of the public, including those individuals who are not regular users of the public website, to find current information regarding the Federal Railroad Administration’s activities.CommentsClose CommentsPermalink





(b) Public Reporting of Violations- On the Federal Railroad Administration’s public website’s home page, the Secretary shall provide a mechanism for the public to submit written reports of potential violations of Federal railroad safety and hazardous materials transportation laws, regulations, and orders to the Federal Railroad Administration.CommentsClose CommentsPermalink

SEC. 308. EMERGENCY WAIVERS.CommentsClose CommentsPermalink

Section 20103 is amended--CommentsClose CommentsPermalink





(1) by striking ‘Waivers- ’ in subsection (d) and inserting ‘Nonemergency Waivers- ’;CommentsClose CommentsPermalink





(2) by striking subsection (e) and inserting the following:CommentsClose CommentsPermalink





‘(e) Hearings- The Secretary shall conduct a hearing as provided by section 553 of title 5 when prescribing a regulation or issuing an order under this part, including a regulation or order establishing, amending, or providing a waiver, described in subsection (d), of compliance with a railroad safety regulation prescribed or order issued under this part. An opportunity for an oral presentation shall be provided.’; andCommentsClose CommentsPermalink





(3) by adding at the end thereof the following:CommentsClose CommentsPermalink





‘(g) Emergency Waivers-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary may waive compliance with any part of a regulation prescribed or order issued under this part without prior notice and comment if the Secretary determines that--CommentsClose CommentsPermalink





‘(A) it is in the public interest to grant the waiver;CommentsClose CommentsPermalink





‘(B) the waiver is not inconsistent with railroad safety; andCommentsClose CommentsPermalink





‘(C) the waiver is necessary to address an actual or impending emergency situation or emergency event.CommentsClose CommentsPermalink





‘(2) PERIOD OF WAIVER- A waiver under this subsection may be issued for a period of not more than 60 days and may be renewed upon application to the Secretary only after notice and an opportunity for a hearing on the waiver. The Secretary shall immediately revoke the waiver if continuation of the waiver would not be consistent with the goals and objectives of this part.CommentsClose CommentsPermalink





‘(3) STATEMENT OF REASONS- The Secretary shall state in the decision issued under this subsection the reasons for granting the waiver.CommentsClose CommentsPermalink





‘(4) CONSULTATION- In granting a waiver under this subsection, the Secretary shall consult and coordinate with other Federal agencies, as appropriate, for matters that may impact such agencies.CommentsClose CommentsPermalink





‘(5) EMERGENCY SITUATION; EMERGENCY EVENT- In this subsection, the terms ‘emergency situation’ and ‘emergency event’ mean a natural or manmade disaster, such as a hurricane, flood, earthquake, mudslide, forest fire, snowstorm, terrorist act, biological outbreak, release of a dangerous radiological, chemical, explosive, or biological material, or a war-related activity, that poses a risk of death, serious illness, severe injury, or substantial property damage. The disaster may be local, regional, or national in scope.’.CommentsClose CommentsPermalink

SEC. 309. ENFORCEMENT BY THE ATTORNEY GENERAL.CommentsClose CommentsPermalink

Section 20112(a) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘this part, except for section 20109 of this title, or’ in paragraph (1) after ‘enforce,’;CommentsClose CommentsPermalink





(2) by striking ‘21301’ in paragraph (2) and inserting ‘21301, 21302, or 21303’;CommentsClose CommentsPermalink





(3) by striking ‘subpena’ in paragraph (3) and inserting ‘subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition’; andCommentsClose CommentsPermalink





(4) by striking ‘chapter.’ in paragraph (3) and inserting ‘part.’.CommentsClose CommentsPermalink

SEC. 310. CRIMINAL PENALTIES.CommentsClose CommentsPermalink

Section 21311(b) is amended to read as follows:CommentsClose CommentsPermalink





‘(b) Accident and Incident Reports- A railroad carrier not filing a report in violation of section 20901 of this title shall be fined not more than $2,500. A separate violation occurs for each day the violation continues.’.CommentsClose CommentsPermalink

TITLE IV--RAILROAD SAFETY ENHANCEMENTSCommentsClose CommentsPermalink

SEC. 401. MINIMUM TRAINING STANDARDS AND PLANS.CommentsClose CommentsPermalink

(a) Amendment- Subchapter II of chapter 201, as amended by section 210 of this division, is further amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 20162. Minimum training standards and plansCommentsClose CommentsPermalink

‘(a) In General- The Secretary of Transportation shall, not later than 1 year after the date of enactment of the Rail Safety Improvement Act of 2008, establish--CommentsClose CommentsPermalink





‘(1) minimum training standards for each class and craft of safety-related railroad employee (as defined in section 20102) and equivalent railroad carrier contractor and subcontractor employees, which shall require railroad carriers, contractors, and subcontractors to qualify or otherwise document the proficiency of such employees in each such class and craft regarding their knowledge of, and ability to comply with, Federal railroad safety laws and regulations and railroad carrier rules and procedures promulgated to implement those Federal railroad safety laws and regulations;CommentsClose CommentsPermalink





‘(2) a requirement that railroad carriers, contractors, and subcontractors develop and submit training and qualification plans to the Secretary for approval, including training programs and information deemed necessary by the Secretary to ensure that all safety-related railroad employees receive appropriate training in a timely manner; andCommentsClose CommentsPermalink





‘(3) a minimum training curriculum, and ongoing training criteria, testing, and skills evaluation measures to ensure that safety-related railroad employees, and contractor and subcontractor employees, charged with the inspection of track or railroad equipment are qualified to assess railroad compliance with Federal standards to identify defective conditions and initiate immediate remedial action to correct critical safety defects that are known to contribute to derailments, accidents, incidents, or injuries, and, in implementing the requirements of this paragraph, take into consideration existing training programs of railroad carriers.CommentsClose CommentsPermalink





‘(b) Approval- The Secretary shall review and approve the plans required under subsection (a)(2) utilizing an approval process required for programs to certify the qualification of locomotive engineers pursuant to part 240 of title 49, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(c) Exemption- The Secretary may exempt railroad carriers and railroad carrier contractors and subcontractors from submitting training plans for which the Secretary has issued training regulations before the date of enactment of the Rail Safety Improvement Act of 2008.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201, as amended by section 210 of this division, is amended by inserting after the item relating to section 20161 the following:CommentsClose CommentsPermalink





‘20162. Minimum training standards and plans.’.CommentsClose CommentsPermalink

SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF EMPLOYEES.CommentsClose CommentsPermalink

(a) Amendment- Subchapter II of chapter 201, as amended by section 401 of this division, is further amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 20163. Certification of train conductorsCommentsClose CommentsPermalink

‘(a) Regulations- Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe regulations to establish a program requiring the certification of train conductors. In prescribing such regulations, the Secretary shall require that train conductors be trained, in accordance with the training standards developed pursuant to section 20162.CommentsClose CommentsPermalink





‘(b) Program Requirements- In developing the regulations required by subsection (a), the Secretary may consider the requirements of section 20135(b) through (e).’.CommentsClose CommentsPermalink





(b) Report- Not later than 6 months after promulgating regulations under section 20162 of title 49, United States Code, the Secretary shall issue a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure about whether the certification of certain crafts or classes of railroad carrier or railroad carrier contractor or subcontractor employees is necessary to reduce the number and rate of accidents and incidents or to improve railroad safety.CommentsClose CommentsPermalink





(c) Crafts and Classes to Be Considered- As part of the report, the Secretary shall consider--CommentsClose CommentsPermalink





(1) car repair and maintenance employees;CommentsClose CommentsPermalink





(2) onboard service workers;CommentsClose CommentsPermalink





(3) rail welders;CommentsClose CommentsPermalink





(4) dispatchers;CommentsClose CommentsPermalink





(5) signal repair and maintenance employees; andCommentsClose CommentsPermalink





(6) any other craft or class of employees that the Secretary determines appropriate.CommentsClose CommentsPermalink





(d) Regulations- The Secretary may prescribe regulations requiring the certification of certain crafts or classes of employees that the Secretary determines pursuant to the report required by paragraph (1) are necessary to reduce the number and rate of accidents and incidents or to improve railroad safety.CommentsClose CommentsPermalink





(e) Conforming Amendment- The chapter analysis for chapter 201, as amended by section 401 of this division, is amended by inserting after the item relating to section 20162 the following:CommentsClose CommentsPermalink





‘20163. Certification of train conductors.’.CommentsClose CommentsPermalink

SEC. 403. TRACK INSPECTION TIME STUDY.CommentsClose CommentsPermalink

(a) Study- Not later that 2 years after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of a study to determine whether--CommentsClose CommentsPermalink





(1) the required intervals of track inspections for each class of track should be amended;CommentsClose CommentsPermalink





(2) track remedial action requirements should be amended;CommentsClose CommentsPermalink





(3) different track inspection and repair priorities or methods should be required; andCommentsClose CommentsPermalink





(4) the speed at which railroad track inspection vehicles operate and the scope of the territory they generally cover allow for proper inspection of the track and whether such speed and appropriate scope should be regulated by the Secretary.CommentsClose CommentsPermalink





(b) Considerations- In conducting the study the Secretary shall consider--CommentsClose CommentsPermalink





(1) the most current rail flaw, rail defect growth, rail fatigue, and other relevant track- or rail-related research and studies;CommentsClose CommentsPermalink





(2) the availability and feasibility of developing and implementing new or novel rail inspection technology for routine track inspections;CommentsClose CommentsPermalink





(3) information from National Transportation Safety Board or Federal Railroad Administration accident investigations where track defects were the cause or a contributing cause; andCommentsClose CommentsPermalink





(4) other relevant information, as determined by the Secretary.CommentsClose CommentsPermalink





(c) Update of Regulations- Not later than 2 years after the completion of the study required by subsection (a), the Secretary shall prescribe regulations based on the results of the study conducted under subsection (a).CommentsClose CommentsPermalink





(d) Concrete Cross Ties- Not later than 18 months after the date of enactment of this Act, the Secretary shall promulgate regulations for concrete cross ties. In developing the regulations for class 1 through 5 track, the Secretary may address, as appropriate--CommentsClose CommentsPermalink





(1) limits for rail seat abrasion;CommentsClose CommentsPermalink





(2) concrete cross tie pad wear limits;CommentsClose CommentsPermalink





(3) missing or broken rail fasteners;CommentsClose CommentsPermalink





(4) loss of appropriate toeload pressure;CommentsClose CommentsPermalink





(5) improper fastener configurations; andCommentsClose CommentsPermalink





(6) excessive lateral rail movement.CommentsClose CommentsPermalink

SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT STATION PLATFORM GAPS.CommentsClose CommentsPermalink

Not later than 2 years after the enactment of this Act, the Secretary shall complete a study to determine the most safe, efficient, and cost-effective way to improve the safety of rail passenger station platforms gaps in order to increase compliance with the requirements under the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), including regulations issued pursuant to section 504 of such Act (42 U.S.C. 12204) and to minimize the safety risks associated with such gaps for railroad passengers and employees.CommentsClose CommentsPermalink

SEC. 405. LOCOMOTIVE CAB STUDIES.CommentsClose CommentsPermalink

(a) In General- Not later than 1 year after the date of enactment of this Act, the Secretary, through the Railroad Safety Advisory Committee if the Secretary makes such a request, shall complete a study on the safety impact of the use of personal electronic devices, including cell phones, video games, and other distracting devices, by safety-related railroad employees (as defined in section 20102(4) of title 49, United States Code), during the performance of such employees’ duties. The study shall consider the prevalence of the use of such devices.CommentsClose CommentsPermalink





(b) Locomotive Cab Environment- The Secretary may also study other elements of the locomotive cab environment and their effect on an employee’s health and safety.CommentsClose CommentsPermalink





(c) Report- Not later than 6 months after the completion of any study under this section, the Secretary shall issue a report on the study to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.CommentsClose CommentsPermalink





(d) Authority- Based on the conclusions of the study required under (a), the Secretary of Transportation may prohibit the use of personal electronic devices, such as cell phones, video games, or other electronic devices that may distract employees from safely performing their duties, unless those devices are being used according to railroad operating rules or for other work purposes. Based on the conclusions of other studies conducted under subsection (b), the Secretary may prescribe regulations to improve elements of the cab environment to protect an employee’s health and safety.CommentsClose CommentsPermalink

SEC. 406. DEVELOPMENT AND USE OF RAIL SAFETY TECHNOLOGY.CommentsClose CommentsPermalink

(a) In General- Subchapter II of chapter 201, as amended by section 402 of this division, is further amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 20164. Development and use of rail safety technologyCommentsClose CommentsPermalink

‘(a) In General- Not later than 1 year after enactment of the Railroad Safety Enhancement Act of 2008, the Secretary of Transportation shall prescribe standards, guidance, regulations, or orders governing the development, use, and implementation of rail safety technology in dark territory, in arrangements not defined in section 20501 or otherwise not covered by Federal standards, guidance, regulations, or orders that ensure the safe operation of such technology, such as--CommentsClose CommentsPermalink





‘(1) switch position monitoring devices or indicators;CommentsClose CommentsPermalink





‘(2) radio, remote control, or other power-assisted switches;CommentsClose CommentsPermalink





‘(3) hot box, high water, or earthquake detectors;CommentsClose CommentsPermalink





‘(4) remote control locomotive zone limiting devices;CommentsClose CommentsPermalink





‘(5) slide fences;CommentsClose CommentsPermalink





‘(6) grade crossing video monitors;CommentsClose CommentsPermalink





‘(7) track integrity warning systems; orCommentsClose CommentsPermalink





‘(8) other similar rail safety technologies, as determined by the Secretary.CommentsClose CommentsPermalink





‘(b) Dark Territory Defined- In this section, the term ‘dark territory’ means any territory in a railroad system that does not have a signal or train control system installed or operational.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201, as amended by section 402 of this division, is amended by inserting after the item relating to section 20163 the following:CommentsClose CommentsPermalink





‘20164. Development and use of rail safety technology.’.CommentsClose CommentsPermalink

SEC. 407. UNIFIED TREATMENT OF FAMILIES OF RAILROAD CARRIERS.CommentsClose CommentsPermalink

Section 20102(3), as redesignated by section 2(b) of this division, is amended to read as follows:CommentsClose CommentsPermalink





‘(3) ‘railroad carrier’ means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose.’.CommentsClose CommentsPermalink

SEC. 408. STUDY OF REPEAL OF CONRAIL PROVISION.CommentsClose CommentsPermalink

Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a study of the impacts of repealing section 711 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797j). Not later than 6 months after completing the study, the Secretary shall transmit a report with the Secretary’s findings, conclusions, and recommendations to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.CommentsClose CommentsPermalink

SEC. 409. LIMITATIONS ON NON-FEDERAL ALCOHOL AND DRUG TESTING BY RAILROAD CARRIERS.CommentsClose CommentsPermalink

(a) In General- Chapter 201, as amended by section 406 of this division, is further amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 20165. Limitations on non-Federal alcohol and drug testingCommentsClose CommentsPermalink

‘(a) Testing Requirements- Any non-Federal alcohol and drug testing program of a railroad carrier must provide that all post-employment tests of the specimens of employees who are subject to both the program and chapter 211 of this title be conducted using a scientifically recognized method of testing capable of determining the presence of the specific analyte at a level above the cut-off level established by the carrier.CommentsClose CommentsPermalink





‘(b) Redress Process- Each railroad carrier that has a non-Federal alcohol and drug testing program must provide a redress process to its employees who are subject to both the alcohol and drug testing program and chapter 211 of this title for such an employee to petition for and receive a carrier hearing to review his or her specimen test results that were determined to be in violation of the program. A dispute or grievance raised by a railroad carrier or its employee, except a probationary employee, in connection with the carrier’s alcohol and drug testing program and the application of this section is subject to resolution under section 3 of the Railway Labor Act (45 U.S.C. 153).’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201, as amended by section 406 of this division, is further amended by inserting after the item relating to section 20164 the following:CommentsClose CommentsPermalink





‘20165. Limitations on non-Federal alcohol and drug testing by railroad carriers.’.CommentsClose CommentsPermalink

SEC. 410. CRITICAL INCIDENT STRESS PLAN.CommentsClose CommentsPermalink

(a) In General- The Secretary of Transportation, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, as appropriate, shall require each Class I railroad carrier, each intercity passenger railroad carrier, and each commuter railroad carrier to develop and submit for approval to the Secretary a critical incident stress plan that provides for debriefing, counseling, guidance, and other appropriate support services to be offered to an employee affected by a critical incident.CommentsClose CommentsPermalink





(b) Plan Requirements- Each such plan shall include provisions for--CommentsClose CommentsPermalink





(1) relieving an employee who was involved in a critical incident of his or her duties for the balance of the duty tour, following any actions necessary for the safety of persons and contemporaneous documentation of the incident;CommentsClose CommentsPermalink





(2) upon the employee’s request, relieving an employee who witnessed a critical incident of his or her duties following any actions necessary for the safety of persons and contemporaneous documentation of the incident; andCommentsClose CommentsPermalink





(3) providing such leave from normal duties as may be necessary and reasonable to receive preventive services, treatment, or both, related to the incident.CommentsClose CommentsPermalink





(c) Secretary To Define What Constitutes A Critical Incident- Within 30 days after the date of enactment of this Act, the Secretary shall initiate a rulemaking proceeding to define the term ‘critical incident’ for the purposes of this section.CommentsClose CommentsPermalink

SEC. 411. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION STUDY.CommentsClose CommentsPermalink

(a) Study- The Secretary of Transportation shall, in consultation with the Secretary of Energy, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and the Chairman of the Nuclear Regulatory Commission, as appropriate, conduct a study of the potential hazards to which employees of railroad carriers and railroad contractors or subcontractors are exposed during the transportation of high-level radioactive waste and spent nuclear fuel (as defined in section 5101(a) of title 49, United States Code), supplementing the report submitted under section 5101(b) of that title, which may include--CommentsClose CommentsPermalink





(1) an analysis of the potential application of ‘as low as reasonably achievable’ principles for exposure to radiation to such employees with an emphasis on the need for special protection from radiation exposure for such employees during the first trimester of pregnancy or who are undergoing or have recently undergone radiation therapy;CommentsClose CommentsPermalink





(2) the feasibility of requiring real-time dosimetry monitoring for such employees;CommentsClose CommentsPermalink





(3) the feasibility of requiring routine radiation exposure monitoring in fixed railroad locations, such as yards and repair facilities; andCommentsClose CommentsPermalink





(4) a review of the effectiveness of the Department’s packaging requirements for radioactive materials.CommentsClose CommentsPermalink





(b) Report- Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall transmit a report on the results of the study required by subsection (a) and any recommendations to further protect employees of a railroad carrier or of a contractor or subcontractor to a railroad carrier from unsafe exposure to radiation during the transportation of high-level radioactive waste and spent nuclear fuel to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.CommentsClose CommentsPermalink





(c) Regulatory Authority- The Secretary of Transportation may issue regulations that the Secretary determines appropriate, pursuant to the report required by subsection (b), to protect railroad employees from unsafe exposure to radiation during the transportation of radioactive materials.CommentsClose CommentsPermalink

SEC. 412. ALCOHOL AND CONTROLLED SUBSTANCE TESTING FOR MAINTENANCE-OF-WAY EMPLOYEES.CommentsClose CommentsPermalink

Not later than 2 years following the date of enactment of this Act, the Secretary of Transportation shall complete a rulemaking proceeding to revise the regulations prescribed under section 20140 of title 49, United States Code, to cover all employees of railroad carriers and contractors or subcontractors to railroad carriers who perform maintenance-of-way activities.CommentsClose CommentsPermalink

SEC. 413. EMERGENCY ESCAPE BREATHING APPARATUS.CommentsClose CommentsPermalink

(a) Amendment- Subchapter II of chapter 201, as amended by section 409 of this division, is further amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 20166. Emergency escape breathing apparatusCommentsClose CommentsPermalink

‘Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe regulations that require railroad carriers--CommentsClose CommentsPermalink





‘(1) to provide emergency escape breathing apparatus suitable to provide head and neck coverage with respiratory protection for all crewmembers in locomotive cabs on freight trains carrying hazardous materials that would pose an inhalation hazard in the event of release;CommentsClose CommentsPermalink





‘(2) to provide convenient storage in each freight train locomotive to enable crewmembers to access such apparatus quickly;CommentsClose CommentsPermalink





‘(3) to maintain such equipment in proper working condition; andCommentsClose CommentsPermalink





‘(4) to provide their crewmembers with appropriate training for using the breathing apparatus.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201, as amended by section 409 of this division, is amended by inserting after the item relating to section 20165 the following:CommentsClose CommentsPermalink





‘20166. Emergency escape breathing apparatus.’.CommentsClose CommentsPermalink

SEC. 414. TUNNEL INFORMATION.CommentsClose CommentsPermalink

Not later than 120 days after the date of enactment of this Act, each railroad carrier shall, with respect to each of its tunnels which--CommentsClose CommentsPermalink





(1) are longer than 1000 feet and located under a city with a population of 400,000 or greater; orCommentsClose CommentsPermalink





(2) carry 5 or more scheduled passenger trains per day, or 500 or more carloads of poison- or toxic-by-inhalation hazardous materials (as defined in parts 171.8, 173.115, and 173.132 of title 49, Code of Federal Regulations) per year,CommentsClose CommentsPermalink





maintain, for at least two years, historical documentation of structural inspection and maintenance activities for such tunnels, including information on the methods of ingress and egress into and out of the tunnel, the types of cargos typically transported through the tunnel, and schematics or blueprints for the tunnel, when available. Upon request, a railroad carrier shall provide periodic briefings on such information to the governments of the local jurisdiction in which the tunnel is located, including updates whenever a repair or rehabilitation project substantially alters the methods of ingress and egress. Such governments shall use appropriate means to protect and restrict the distribution of any security sensitive information (as defined in part 1520.5 of title 49, Code of Federal Regulations) provided by the railroad carrier under this section, consistent with national security interests.CommentsClose CommentsPermalink

SEC. 415. MUSEUM LOCOMOTIVE STUDY.CommentsClose CommentsPermalink

(a) Study- The Secretary shall conduct a study of the requirements relating to safety inspections of diesel-electric locomotives and equipment that are operated in limited service by railroad-related museums, historical societies, and tourist or scenic railroads. The study shall include an analysis of the safety consequences of requiring less frequent inspections of such locomotives and equipment, including periodic inspections or inspections based on service days and air brake inspections.CommentsClose CommentsPermalink





(b) Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit a report on the results of the study conducted under subsection (a) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.CommentsClose CommentsPermalink

SEC. 416. SAFETY INSPECTIONS IN MEXICO.CommentsClose CommentsPermalink

Mechanical and brake inspections of rail cars performed in Mexico shall not be treated as satisfying United States rail safety laws or regulations unless the Secretary of Transportation certifies that--CommentsClose CommentsPermalink





(1) such inspections are being performed under regulations and standards equivalent to those applicable in the United States;CommentsClose CommentsPermalink





(2) the inspections are being performed by employees that have received training similar to the training received by similar railroad employees in the United States;CommentsClose CommentsPermalink





(3) inspection records that are required to be available to the crewmembers on board the train, including air slips and blue cards, are maintained in both English and Spanish, and such records are available to the Federal Railroad Administration for review; andCommentsClose CommentsPermalink





(4) the Federal Railroad Administration is permitted to perform onsite inspections for the purpose of ensuring compliance with the requirements of this subsection.CommentsClose CommentsPermalink

SEC. 417. RAILROAD BRIDGE SAFETY ASSURANCE.CommentsClose CommentsPermalink

(a) In General- Not later than 12 months after the date of enactment of this Act, the Secretary shall promulgate a regulation requiring owners of track carried on one or more railroad bridges to adopt a bridge safety management program to prevent the deterioration of railroad bridges and reduce the risk of human casualties, environmental damage, and disruption to the Nation’s railroad transportation system that would result from a catastrophic bridge failure.CommentsClose CommentsPermalink





(b) Requirements- The regulations shall, at a minimum, require each track owner to--CommentsClose CommentsPermalink





(1) to develop and maintain an accurate inventory of its railroad bridges, which shall identify the location of each bridge, its configuration, type of construction, number of spans, span lengths, and all other information necessary to provide for the safe management of the bridges;CommentsClose CommentsPermalink





(2) to ensure that a professional engineer competent in the field of railroad bridge engineering, or a qualified person under the supervision of the track owner, determines bridge capacity;CommentsClose CommentsPermalink





(3) to maintain, and update as appropriate, a record of the safe capacity of each bridge which carries its track and, if available, maintain the original design documents of each bridge and a documentation of all repairs, modifications, and inspections of the bridge;CommentsClose CommentsPermalink





(4) to develop, maintain, and enforce a written procedure that will ensure that its bridges are not loaded beyond their capacities;CommentsClose CommentsPermalink





(5) to conduct regular comprehensive inspections of each bridge, at least once every year, and maintain records of those inspections that include the date on which the inspection was performed, the precise identification of the bridge inspected, the items inspected, an accurate description of the condition of those items, and a narrative of any inspection item that is found by the inspector to be a potential problem;CommentsClose CommentsPermalink





(6) to ensure that the level of detail and the inspection procedures are appropriate to the configuration of the bridge, conditions found during previous inspections, and the nature of the railroad traffic moved over the bridge, including car weights, train frequency and length, levels of passenger and hazardous materials traffic, and vulnerability of the bridge to damage;CommentsClose CommentsPermalink





(7) to ensure that an engineer who is competent in the field of railroad bridge engineering--CommentsClose CommentsPermalink





(A) is responsible for the development of all inspection procedures;CommentsClose CommentsPermalink





(B) reviews all inspection reports; andCommentsClose CommentsPermalink





(C) determines whether bridges are being inspected according to the applicable procedures and frequency, and reviews any items noted by an inspector as exceptions; andCommentsClose CommentsPermalink





(8) to designate qualified bridge inspectors or maintenance personnel to authorize the operation of trains on bridges following repairs, damage, or indications of potential structural problems.CommentsClose CommentsPermalink





(c) Use of Bridge Management Programs Required- The Secretary shall instruct bridge experts to obtain copies of the most recent bridge management programs of each railroad within the expert’s areas of responsibility, and require that experts use those programs when conducting bridge observations.CommentsClose CommentsPermalink





(d) Review of Data- The Secretary shall establish a program to periodically review bridge inspection and maintenance data from railroad carrier bridge inspectors and Federal Railroad Administration bridge experts.CommentsClose CommentsPermalink

SEC. 418. RAILROAD SAFETY INFRASTRUCTURE IMPROVEMENT GRANTS.CommentsClose CommentsPermalink

(a) In General- Subchapter II of chapter 201, as amended by section 413 of this division, is further amended by adding at the end thereof the following:CommentsClose CommentsPermalink

‘Sec. 20167. Railroad safety infrastructure improvement grantsCommentsClose CommentsPermalink

‘(a) Grant Program- The Secretary of Transportation shall establish a grant program for safety improvements to railroad infrastructure, including the acquisition, improvement, or rehabilitation of intermodal or rail equipment or facilities, including track, bridges, tunnels, yards, buildings, passenger stations, facilities, and maintenance and repair shops.CommentsClose CommentsPermalink





‘(b) Eligibility- Grants shall be made under this section to eligible passenger and freight railroad carriers, and State and local governments for projects described in subsection (a). Grants shall also be made available to assist a State or political subdivision thereof in establishing a quiet zone pursuant to part 222 of title 49, Code of Federal Regulations.CommentsClose CommentsPermalink





‘(c) Considerations- In awarding grants, the Secretary shall consider, at a minimum--CommentsClose CommentsPermalink





‘(1) the age and condition of the rail infrastructure of the applicant;CommentsClose CommentsPermalink





‘(2) the railroad carrier’s safety record, including accident and incident numbers and rates;CommentsClose CommentsPermalink





‘(3) the volume of hazardous materials transported by the railroad;CommentsClose CommentsPermalink





‘(4) the operation of passenger trains over the railroad; andCommentsClose CommentsPermalink





‘(5) whether the railroad carrier has submitted a railroad safety risk reduction program, as required by section 20156.CommentsClose CommentsPermalink





‘(d) Matching Requirements- Federal funds for any eligible project under this section shall not exceed 50 percent of the total cost of such project.CommentsClose CommentsPermalink





‘(e) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Transportation $5,000,000 for each of fiscal years 2010 through 2013 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 201, as amended by section 413 of this division, is amended by inserting after the item relating to section 20166 the following:CommentsClose CommentsPermalink





‘20167. Railroad safety infrastructure improvement grants.’.CommentsClose CommentsPermalink

SEC. 419. PROMPT MEDICAL ATTENTION.CommentsClose CommentsPermalink

(a) In General- Section 20109 is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (c) through (i) as subsections (d) through (j), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





‘(c) Prompt Medical Attention-CommentsClose CommentsPermalink





‘(1) PROHIBITION- A railroad carrier or person covered under this section may not deny, delay, or interfere with the medical or first aid treatment of an employee who is injured during the course of employment. If transportation to a hospital is requested by an employee who is injured during the course of employment, the railroad shall promptly arrange to have the injured employee transported to the nearest hospital where the employee can receive safe and appropriate medical care.CommentsClose CommentsPermalink





‘(2) DISCIPLINE- A railroad carrier or person covered under this section may not discipline, or threaten discipline to, an employee for requesting medical or first aid treatment, or for following orders or a treatment plan of a treating physician, except that a railroad carrier’s refusal to permit an employee to return to work following medical treatment shall not be considered a violation of this section if the refusal is pursuant to Federal Railroad Administration medical standards for fitness of duty or, if there are no pertinent Federal Railroad Administration standards, a carrier’s medical standards for fitness for duty. For purposes of this paragraph, the term ‘discipline’ means to bring charges against a person in a disciplinary proceeding, suspend, terminate, place on probation, or make note of reprimand on an employee’s record.’.CommentsClose CommentsPermalink





(b) Conforming Amendments- Section 20109 is amended--CommentsClose CommentsPermalink





(1) in subsection (d), as redesignated by subsection (a) of this section--CommentsClose CommentsPermalink





(A) by striking ‘(a) or (b)’ in paragraph (1) and inserting ‘(a), (b), or (c)’;CommentsClose CommentsPermalink





(B) by striking ‘(c)(1)’ in paragraph (2)(A)(i) and inserting ‘(d)(1)’;CommentsClose CommentsPermalink





(C) by striking ‘(a) or (b)’ in paragraph (2)(A)(ii) and inserting ‘(a), (b), or (c)’; andCommentsClose CommentsPermalink





(2) in subsection (e), as so redesignated--CommentsClose CommentsPermalink





(A) by striking ‘(c)’ in paragraph (1) and inserting ‘(d)’;CommentsClose CommentsPermalink





(B) by striking ‘(c)’ in paragraph (2) and inserting ‘(d)’;CommentsClose CommentsPermalink





(C) by striking ‘(c)(3)’ in paragraph (2) and inserting ‘(d)(3)’; andCommentsClose CommentsPermalink





(D) by striking ‘(c)’ in paragraph (3) and inserting ‘(d)’.CommentsClose CommentsPermalink

SEC. 420. EMPLOYEE SLEEPING QUARTERS.CommentsClose CommentsPermalink

Section 21106 is amended--CommentsClose CommentsPermalink





(1) by inserting ‘(a) In General- ’ before ‘A railroad carrier’;CommentsClose CommentsPermalink





(2) by striking ‘sanitary and give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier;’ in paragraph (1) and inserting ‘sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees;’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(b) Camp Cars- Not later than December 31, 2009, any railroad carrier that uses camp cars shall fully retrofit or replace such cars in compliance with subsection (a).CommentsClose CommentsPermalink





‘(c) Regulations- Not later than April 1, 2010, the Secretary of Transportation, in coordination with the Secretary of Labor, shall prescribe regulations to implement subsection (a)(1) to protect the safety and health of any employees and individuals employed to maintain the right of way of a railroad carrier that uses camp cars, which shall require that all camp cars comply with those regulations by December 31, 2010. In prescribing the regulations, the Secretary shall assess the action taken by any railroad carrier to fully retrofit or replace its camp cars pursuant to this section.CommentsClose CommentsPermalink





‘(d) Compliance and Enforcement- The Secretary shall determine whether a railroad carrier has fully retrofitted or replaced a camp car pursuant to subsection (b) and shall prohibit the use of any non-compliant camp car. The Secretary may assess civil penalties pursuant to chapter 213 for violations of this section.’.CommentsClose CommentsPermalink

TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCECommentsClose CommentsPermalink

SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.CommentsClose CommentsPermalink

(a) In General- Chapter 11 is amended by adding at the end of subchapter III the following:CommentsClose CommentsPermalink

-‘Sec. 1139. Assistance to families of passengers involved in rail passenger accidentsCommentsClose CommentsPermalink

‘(a) In General- As soon as practicable after being notified of a rail passenger accident within the United States involving a rail passenger carrier and resulting in a major loss of life, the Chairman of the National Transportation Safety Board shall--CommentsClose CommentsPermalink





‘(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and the families; andCommentsClose CommentsPermalink





‘(2) designate an independent nonprofit organization, with experience in disasters and post trauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident.CommentsClose CommentsPermalink





‘(b) Responsibilities of the Board- The Board shall have primary Federal responsibility for--CommentsClose CommentsPermalink





‘(1) facilitating the recovery and identification of fatally injured passengers involved in an accident described in subsection (a); andCommentsClose CommentsPermalink





‘(2) communicating with the families of passengers involved in the accident as to the roles, with respect to the accident and the post-accident activities, of--CommentsClose CommentsPermalink





‘(A) the organization designated for an accident under subsection (a)(2);CommentsClose CommentsPermalink





‘(B) Government agencies; andCommentsClose CommentsPermalink





‘(C) the rail passenger carrier involved.CommentsClose CommentsPermalink





‘(c) Responsibilities of Designated Organization- The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to the families of passengers involved in the accident:CommentsClose CommentsPermalink





‘(1) To provide mental health and counseling services, in coordination with the disaster response team of the rail passenger carrier involved.CommentsClose CommentsPermalink





‘(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private.CommentsClose CommentsPermalink





‘(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.CommentsClose CommentsPermalink





‘(4) To arrange a suitable memorial service, in consultation with the families.CommentsClose CommentsPermalink





‘(d) Passenger Lists-CommentsClose CommentsPermalink





‘(1) REQUESTS FOR PASSENGER LISTS-CommentsClose CommentsPermalink





‘(A) REQUESTS BY DIRECTOR OF FAMILY SUPPORT SERVICES- It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the rail passenger carrier involved in the accident a list, which is based on the best available information at the time of the request, of the names of the passengers that were aboard the rail passenger carrier’s train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident.CommentsClose CommentsPermalink





‘(B) REQUESTS BY DESIGNATED ORGANIZATION- The organization designated for an accident under subsection (a)(2) may request from the rail passenger carrier involved in the accident a list described in subparagraph (A).CommentsClose CommentsPermalink





‘(2) USE OF INFORMATION- Except as provided in subsection (k), the director of family support services and the organization may not release to any person information on a list obtained under paragraph (1) but may provide information on the list about a passenger to the family of the passenger to the extent that the director of family support services or the organization considers appropriate.CommentsClose CommentsPermalink





‘(e) Continuing Responsibilities of the Board- In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident--CommentsClose CommentsPermalink





‘(1) are briefed, prior to any public briefing, about the accident and any other findings from the investigation; andCommentsClose CommentsPermalink





‘(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.CommentsClose CommentsPermalink





‘(f) Use of Rail Passenger Carrier Resources- To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the rail passenger carrier involved in the accident to facilitate the reasonable use of the resources of the carrier.CommentsClose CommentsPermalink





‘(g) Prohibited Actions-CommentsClose CommentsPermalink





‘(1) ACTIONS TO IMPEDE THE BOARD- No person (including a State or political subdivision thereof) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of the families of passengers involved in the accident to have contact with one another.CommentsClose CommentsPermalink





‘(2) UNSOLICITED COMMUNICATIONS- No unsolicited communication concerning a potential action or settlement offer for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation, including the railroad carrier or rail passenger carrier, to an individual (other than an employee of the rail passenger carrier) injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident.CommentsClose CommentsPermalink





‘(3) PROHIBITION ON ACTIONS TO PREVENT MENTAL HEALTH AND COUNSELING SERVICES- No State or political subdivision thereof may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing mental health and counseling services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the families and if State and local authorities are notified of the determination.CommentsClose CommentsPermalink





‘(h) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) RAIL PASSENGER ACCIDENT- The term ‘rail passenger accident’ means any rail passenger disaster resulting in a major loss of life occurring in the provision of--CommentsClose CommentsPermalink





‘(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); orCommentsClose CommentsPermalink





‘(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation,CommentsClose CommentsPermalink





regardless of its cause or suspected cause.CommentsClose CommentsPermalink





‘(2) RAIL PASSENGER CARRIER- The term ‘rail passenger carrier’ means a rail carrier providing--CommentsClose CommentsPermalink





‘(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); orCommentsClose CommentsPermalink





‘(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation,CommentsClose CommentsPermalink





except that such term does not include a tourist, historic, scenic, or excursion rail carrier.CommentsClose CommentsPermalink





‘(3) PASSENGER- The term ‘passenger’ includes--CommentsClose CommentsPermalink





‘(A) an employee of a rail passenger carrier aboard a train;CommentsClose CommentsPermalink





‘(B) any other person aboard the train without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the rail transportation; andCommentsClose CommentsPermalink





‘(C) any other person injured or killed in a rail passenger accident, as determined appropriate by the Board.CommentsClose CommentsPermalink





‘(i) Limitation on Statutory Construction- Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.CommentsClose CommentsPermalink





‘(j) Relinquishment of Investigative Priority-CommentsClose CommentsPermalink





‘(1) GENERAL RULE- This section (other than subsection (g)) shall not apply to a railroad passenger accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident.CommentsClose CommentsPermalink





‘(2) BOARD ASSISTANCE- If this section does not apply to a railroad passenger accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident.CommentsClose CommentsPermalink





‘(k) Savings Clause- Nothing in this section shall be construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including development of information regarding the nature of injuries sustained and the manner in which they were sustained for the purposes of determining compliance with existing laws and regulations or for identifying means of preventing similar injuries in the future, or both.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- The chapter analysis for chapter 11 is amended by inserting after the item relating to section 1138 the following:CommentsClose CommentsPermalink





‘1139. Assistance to families of passengers involved in rail passenger accidents.’.CommentsClose CommentsPermalink

SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.CommentsClose CommentsPermalink

(a) In General- Chapter 243 is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 24316. Plans to address needs of families of passengers involved in rail passenger accidentsCommentsClose CommentsPermalink

‘(a) Submission of Plan- Not later than 6 months after the date of the enactment of the Rail Safety Improvement Act of 2008, a rail passenger carrier shall submit to the Chairman of the National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving a rail passenger carrier intercity train and resulting in a major loss of life.CommentsClose CommentsPermalink





‘(b) Contents of Plans- A plan to be submitted by a rail passenger carrier under subsection (a) shall include, at a minimum, the following:CommentsClose CommentsPermalink





‘(1) A process by which a rail passenger carrier will maintain and provide to the National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for the rail passenger carrier to use reasonable efforts to ascertain the names of passengers aboard a train involved in an accident.CommentsClose CommentsPermalink





‘(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under section 1139(a)(2) of this title or the services of other suitably trained individuals.CommentsClose CommentsPermalink





‘(3) A plan for creating and publicizing a reliable, toll-free telephone number within 4 hours after such an accident occurs, and for providing staff, to handle calls from the families of the passengers.CommentsClose CommentsPermalink





‘(4) A process for providing the notice described in paragraph (2) to the family of a passenger as soon as the rail passenger carrier has verified that the passenger was aboard the train (whether or not the names of all of the passengers have been verified).CommentsClose CommentsPermalink





‘(5) An assurance that, upon request of the family of a passenger, the rail passenger carrier will inform the family of whether the passenger’s name appeared on any preliminary passenger manifest for the train involved in the accident.CommentsClose CommentsPermalink





‘(6) A process by which the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the rail passenger carrier and by which any possession of the passenger within the control of the rail passenger carrier (regardless of its condition)--CommentsClose CommentsPermalink





‘(A) will be retained by the rail passenger carrier for at least 18 months; andCommentsClose CommentsPermalink





‘(B) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation.CommentsClose CommentsPermalink





‘(7) A process by which the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers.CommentsClose CommentsPermalink





‘(8) An assurance that the rail passenger carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.CommentsClose CommentsPermalink





‘(9) An assurance that the family of each passenger or other person killed in the accident will be consulted about construction by the rail passenger carrier of any monument to the passengers, including any inscription on the monument.CommentsClose CommentsPermalink





‘(10) An assurance that the rail passenger carrier will work with any organization designated under section 1139(a)(2) of this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident.CommentsClose CommentsPermalink





‘(11) An assurance that the rail passenger carrier will provide reasonable compensation to any organization designated under section 1139(a)(2) of this title for services provided by the organization.CommentsClose CommentsPermalink





‘(c) Use of Information- Neither the National Transportation Safety Board, the Secretary of Transportation, the Secretary of Homeland Security, nor a rail passenger carrier may release to the public any personal information on a list obtained under subsection (b)(1), but may provide information on the list about a passenger to the passenger’s family members to the extent that the Board or a rail passenger carrier considers appropriate.CommentsClose CommentsPermalink





‘(d) Limitation on Statutory Construction-CommentsClose CommentsPermalink





‘(1) RAIL PASSENGER CARRIERS- Nothing in this section may be construed as limiting the actions that a rail passenger carrier may take, or the obligations that a rail passenger carrier may have, in providing assistance to the families of passengers involved in a rail passenger accident.CommentsClose CommentsPermalink





‘(2) INVESTIGATIONAL AUTHORITY OF BOARD AND SECRETARY- Nothing in this section shall be construed to abridge the authority of the Board or the Secretary of Transportation to investigate the causes or circumstances of any rail accident, including the development of information regarding the nature of injuries sustained and the manner in which they were sustained, for the purpose of determining compliance with existing laws and regulations or identifying means of preventing similar injuries in the future.CommentsClose CommentsPermalink





‘(e) Limitation on Liability- A rail passenger carrier shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of the rail passenger carrier in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to a plan submitted by the rail passenger carrier under subsection (b), unless such liability was caused by conduct of the rail passenger carrier which was grossly negligent or which constituted intentional misconduct.CommentsClose CommentsPermalink





‘(f) Definitions- In this section, the terms ‘passenger’ and ‘rail passenger accident’ have the meaning given those terms by section 1139 of this title.CommentsClose CommentsPermalink





‘(g) Funding- Out of funds appropriated pursuant to section 20117(a)(1)(A), there shall be made available to the Secretary of Transportation $500,000 for fiscal year 2010 to carry out this section. Amounts made available pursuant to this subsection shall remain available until expended.’.CommentsClose CommentsPermalink