[House Report 110-336]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-336
======================================================================
FEDERAL RAILROAD SAFETY IMPROVEMENT ACT OF 2007
_______
September 19, 2007.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 2095]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 2095) 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, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Railroad
Safety Improvement Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FEDERAL RAILROAD SAFETY ADMINISTRATION
Sec. 101. Establishment of Federal Railroad Safety Administration.
Sec. 102. Railroad safety strategy.
Sec. 103. Reports.
Sec. 104. Rulemaking process.
Sec. 105. Authorization of appropriations.
TITLE II--EMPLOYEE FATIGUE
Sec. 201. Hours of service reform.
Sec. 202. Employee sleeping quarters.
Sec. 203. Fatigue management plans.
Sec. 204. Regulatory authority.
Sec. 205. Conforming amendment.
TITLE III--PROTECTION OF EMPLOYEES AND WITNESSES
Sec. 301. Employee protections.
TITLE IV--GRADE CROSSINGS
Sec. 401. Toll-free number to report grade crossing problems.
Sec. 402. Roadway user sight distance at highway-rail grade crossings.
Sec. 403. Grade crossing signal violations.
Sec. 404. National crossing inventory.
Sec. 405. Accident and incident reporting.
Sec. 406. Authority to buy promotional items to improve railroad
crossing safety and prevent railroad trespass.
Sec. 407. Operation Lifesaver.
Sec. 408. State action plan.
Sec. 409. Fostering introduction of new technology to improve safety at
highway-rail grade crossings.
TITLE V--ENFORCEMENT
Sec. 501. Enforcement.
Sec. 502. Civil penalties.
Sec. 503. Criminal penalties.
Sec. 504. Expansion of emergency order authority.
Sec. 505. Enforcement transparency.
Sec. 506. Interfering with or hampering safety investigations.
Sec. 507. Railroad radio monitoring authority.
Sec. 508. Inspector staffing.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Positive train control systems.
Sec. 602. Warning in nonsignaled territory.
Sec. 603. Track safety.
Sec. 604. Certification of conductors.
Sec. 605. Minimum training standards.
Sec. 606. Prompt medical attention.
Sec. 607. Emergency escape breathing apparatus.
Sec. 608. Locomotive cab environment.
Sec. 609. Tunnel information.
Sec. 610. Railroad police.
Sec. 611. Museum locomotive study.
Sec. 612. Certification of carmen.
Sec. 613. Train control systems deployment grants.
Sec. 614. Infrastructure safety investment reports.
Sec. 615. Emergency grade crossing safety improvements.
Sec. 616. Clarifications regarding State law causes of action.
TITLE VII--RAIL PASSENGER DISASTER FAMILY ASSISTANCE
Sec. 701. Short title.
Sec. 702. Assistance by National Transportation Safety Board to
families of passengers involved in rail passenger accidents.
Sec. 703. Rail passenger carrier plans to address needs of families of
passengers involved in rail passenger accidents.
Sec. 704. Establishment of task force.
SEC. 2. DEFINITIONS.
For purposes of this Act, the terms ``railroad'' and ``railroad
carrier'' have the meaning given those terms in section 20102 of title
49, United States Code.
TITLE I--FEDERAL RAILROAD SAFETY ADMINISTRATION
SEC. 101. ESTABLISHMENT OF FEDERAL RAILROAD SAFETY ADMINISTRATION.
(a) Amendment.--Section 103 of title 49, United States Code, is
amended to read as follows:
``Sec. 103. Federal Railroad Safety Administration
``(a) In General.--The Federal Railroad Safety Administration (in
this section referred to as the `Administration') shall be an
administration in the Department of Transportation. To carry out all
railroad safety laws of the United States, the Administration shall be
divided on a geographical basis into at least 8 safety offices. The
Secretary of Transportation shall be responsible for enforcing those
laws and for ensuring that those laws are uniformly administered and
enforced among the safety offices.
``(b) 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.
``(c) 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.
``(d) 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.
``(e) Chief Safety Officer.--The Administration shall have an
Associate Administrator for Railroad Safety appointed in the
competitive 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.
``(f) Duties and Powers of the Administrator.--The Administrator
shall carry out--
``(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; and
``(2) other duties and powers prescribed by the Secretary.
``(g) Limitation.--A duty or power specified in subsection (f)(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.
``(h) 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.''.
(b) References and Conforming Amendments.--(1) All references in
Federal law to the Federal Railroad Administration shall be deemed to
be references to the Federal Railroad Safety Administration.
(2) The item relating to section 103 in the table of sections of
chapter 1 of title 49, United States Code, is amended to read as
follows:
``103. Federal Railroad Safety Administration.''.
SEC. 102. RAILROAD SAFETY STRATEGY.
(a) Safety Goals.--In conjunction with existing federally required
strategic planning efforts, the Secretary of Transportation shall
develop a long-term strategy for improving railroad safety. The
strategy shall include an annual plan and schedule for achieving, at a
minimum, the following goals:
(1) Reducing the number and rates of accidents, injuries, and
fatalities involving railroads.
(2) Improving the consistency and effectiveness of
enforcement and compliance programs.
(3) Identifying and targeting enforcement at, and safety
improvements to, high-risk highway-rail grade crossings.
(4) Improving research efforts to enhance and promote
railroad safety and performance.
(b) Resource Needs.--The strategy and annual plans shall include
estimates of the funds and staff resources needed to accomplish each
activity. Such estimates shall also include the staff skills and
training needed for timely and effective accomplishment of each goal.
(c) Submission With the President's Budget.--The Secretary of
Transportation shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate the strategy and
annual plan at the same time as the President's budget submission.
(d) Achievement of Goals.--
(1) Progress assessment.--No less frequently than
semiannually, the Secretary of Transportation and the
Administrator of the Federal Railroad Safety Administration
shall assess the progress of the Administration toward
achieving the strategic goals described in subsection (a). The
Secretary and the Administrator shall convey their assessment
to the employees of the Federal Railroad Safety Administration
and shall identify any deficiencies that should be remediated
before the next progress assessment.
(2) Report to congress.--The Secretary shall transmit a
report annually 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 performance of the Federal Railroad Safety
Administration relative to the goals of the railroad safety
strategy and annual plans under subsection (a).
SEC. 103. REPORTS.
(a) Reports by the Inspector General.--Not later than 30 days after
the date of enactment of this Act, the Inspector General of the
Department of Transportation shall submit to the Secretary of
Transportation and the Administrator of the Federal Railroad Safety
Administration a report containing the following:
(1) A list of each statutory mandate regarding railroad
safety that has not been implemented.
(2) A list of each open safety recommendation made by the
National Transportation Safety Board or the Inspector General
regarding railroad safety.
(b) Reports by the Secretary.--
(1) Statutory mandates.--Not later than 90 days after the
date of enactment of this Act, and every 180 days thereafter
until each of the mandates referred to in subsection (a)(1) has
been implemented, the Secretary of Transportation 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 on the
specific actions taken to implement such mandates.
(2) NTSB and inspector general recommendations.--Not later
than January 1st of each year, the Secretary of Transportation
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 each recommendation referred to in
subsection (a)(2), a copy of the Department of Transportation
response to each such recommendation, and a progress report on
implementing each such recommendation.
SEC. 104. RULEMAKING PROCESS.
(a) Amendment.--Subchapter I of chapter 201 of title 49, United
States Code, is amended by inserting after section 20115 the following
new section:
``Sec. 20116. Rulemaking process
``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 that reference is to
a particular code, rule, standard, requirement, or practice adopted
before the date on which the rule is issued by the Secretary, and
unless the date on which the code, rule, standard, requirement, or
practice was adopted is specifically cited in the rule.''.
(b) Table of Sections Amendment.--The table of sections of subchapter
I of chapter 201 of title 49, United States Code, is amended by adding
after the item relating to section 20115 the following new item:
``20116. Rulemaking process.''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
Section 20117(a) of title 49, United States Code, is amended to read
as follows:
``(a) In General.--(1) There are authorized to be appropriated to the
Secretary of Transportation to carry out this part and to carry out
responsibilities under chapter 51 as delegated or authorized by the
Secretary--
``(A) $230,000,000 for fiscal year 2008;
``(B) $260,000,000 for fiscal year 2009;
``(C) $295,000,000 for fiscal year 2010; and
``(D) $335,000,000 for fiscal year 2011.
``(2) With amounts appropriated pursuant to paragraph (1), the
Secretary shall purchase 6 Gage Restraint Measurement System vehicles
and 5 track geometry vehicles to enable the deployment of 1 Gage
Restraint Measurement System vehicle and 1 track geometry vehicle in
each region.
``(3) There are authorized to be appropriated to the Secretary
$18,000,000 for the period encompassing fiscal years 2008 through 2011
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.
``(4) Such sums as may be necessary from the amount appropriated
pursuant to paragraph (1) for each of the fiscal years 2008 through
2011 shall be made available to the Secretary for personnel in regional
offices and in Washington, D.C., whose duties primarily involve rail
security.''.
TITLE II--EMPLOYEE FATIGUE
SEC. 201. HOURS OF SERVICE REFORM.
(a) Definitions.--Section 21101(4) of title 49, United States Code,
is amended by striking ``employed by a railroad carrier''.
(b) Limitation on Duty Hours of Signal Employees.--Section 21104 of
title 49, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) General.--Except as provided in subsection (c) of this section,
a railroad carrier and its officers and agents may not require or allow
a signal employee, and a railroad contractor and its officers and
agents may not require or allow a signal employee, to remain or go on
duty--
``(1) unless that employee has had at least 10 consecutive
hours off duty during the prior 24 hours;
``(2) for a period in excess of 12 consecutive hours; or
``(3) unless that employee has had at least one period of at
least 24 consecutive hours off duty in the past 7 consecutive
days.
The Secretary may waive paragraph (3) if a collective bargaining
agreement provides a different arrangement and such arrangement
provides an equivalent level of safety.'';
(2) in subsection (b)(3) by striking ``, 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'';
(3) in subsection (c)--
(A) by inserting ``for not more than 3 days during a
period of 7 consecutive days'' after ``24 consecutive
hours''; and
(B) by adding at the end the following: ``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.'';
(4) by adding at the end the following new subsections:
``(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, and its managers, supervisors,
officers, and agents, shall not communicate with the signal employee by
telephone, by pager, or in any other manner that could disrupt the
employee's rest. Nothing in this subsection shall prohibit
communication necessary to notify an employee of an emergency situation
posing potential risks to the employee's safety or health.
``(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 Safety
Administration.''.
(c) Limitation on Duty Hours of Train Employees.--Section 21103 of
title 49, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) General.--Except as provided in subsection (c) of this section,
a railroad carrier and its officers and agents may not require or allow
a train employee to remain or go on duty--
``(1) unless that employee has had at least 10 consecutive
hours off duty during the prior 24 hours;
``(2) for a period in excess of 12 consecutive hours; or
``(3) unless that employee has had at least one period of at
least 24 consecutive hours off duty in the past 7 consecutive
days.
The Secretary may waive paragraph (3) if a collective bargaining
agreement provides a different arrangement and such arrangement
provides an equivalent level of safety.'';
(2) by amending subsection (b)(4) to read as follows:
``(4)(A)(i) Except as provided in clauses (ii) and (iii),
time spent in deadhead transportation to a duty assignment,
time spent waiting for deadhead transportation, and time spent
in deadhead transportation from a duty assignment to a place of
final release is time on duty.
``(ii) Time spent waiting for deadhead transportation and
time spent in deadhead transportation from a duty assignment to
a place of final release is neither time on duty nor time off
duty in situations involving delays in the operations of the
railroad carrier, when the delays were caused by any of the
following:
``(I) A casualty.
``(II) An accident.
``(III) A track obstruction.
``(IV) An act of God.
``(V) A weather event causing a delay.
``(VI) A snowstorm.
``(VII) A landslide.
``(VIII) A track or bridge washout.
``(IX) A derailment.
``(X) A major equipment failure which prevents a
train from advancing.
``(XI) Other delay from a cause unknown or
unforeseeable to a railroad carrier and its officers
and agents in charge of the employee when the employee
left a designated terminal.
``(iii) In addition to any time qualifying as neither on duty
nor off duty under clause (ii), at the election of the railroad
carrier, time spent waiting for deadhead transportation and
time spent in deadhead transportation to the place of final
release may be treated as neither time on duty nor time off
duty, subject to the following limitations:
``(I) Not more than 40 hours a month may be elected
by the railroad carrier, for an employee, during the
period from the date of enactment of the Federal
Railroad Safety Improvement Act of 2007 to one year
after such date of enactment.
``(II) Not more than 30 hours a month may be elected
by the railroad carrier, for an employee, during the
period beginning one year after the date of enactment
of the Federal Railroad Safety Improvement Act of 2007
and ending two years after such date of enactment.
``(III) Not more than 10 hours a month may be elected
by the railroad carrier, for an employee, during the
period beginning two years after the date of enactment
of the Federal Railroad Safety Improvement Act of 2007.
``(B) Each railroad carrier shall report to the Secretary of
Transportation, in accordance with procedures contained in 49
CFR 228.19, each instance within 30 days after the calendar
month in which the instance occurs that a member of a train or
engine crew or other employee engaged in or connected with the
movement of any train, including a hostler, exceeds 12
consecutive hours, including--
``(i) time on duty; and
``(ii) time spent waiting for deadhead transportation
and the time spent in deadhead transportation from a
duty assignment to the place of final release, that is
not time on duty.
``(C) If--
``(i) the time spent waiting for deadhead
transportation, and the time spent in deadhead
transportation from a duty assignment to the place of
final release, that is not time on duty; plus
``(ii) the time on duty,
exceeds 12 consecutive hours, the railroad carrier and its
officers and agents shall provide the train employee with
additional time off duty equal to the number of hours that such
sum exceeds 12 hours.''; and
(3) by adding at the end the following new subsection:
``(d) 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), a railroad carrier,
and its managers, supervisors, officers, and agents, shall not
communicate with the train employee by telephone, by pager, or in any
other manner that could disrupt the employee's rest. Nothing in this
subsection shall prohibit communication necessary to notify an employee
of an emergency situation posing potential risks to the employee's
safety or health.''.
SEC. 202. EMPLOYEE SLEEPING QUARTERS.
Section 21106 of title 49, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``A railroad
carrier''; and
(2) by adding at the end the following new subsection:
``(b) Camp Cars.--Effective 12 months after the date of enactment of
this subsection, a railroad carrier and its officers and agents may not
provide sleeping quarters through the use of camp cars, as defined in
Appendix C to part 228 of title 49 of the Code of Federal Regulations,
for employees and any individuals employed to maintain the right of way
of a railroad carrier.''.
SEC. 203. FATIGUE MANAGEMENT PLANS.
(a) Amendment.--Chapter 211 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 21109. Fatigue management plans
``(a) Plan Submission.--
``(1) Requirement.--Each railroad carrier shall submit to the
Secretary of Transportation, and update at least once every 2
years, a fatigue management plan that is designed to reduce the
fatigue experienced by railroad employees and to reduce the
likelihood of accidents and injuries caused by fatigue. The
plan shall address the safety effects of fatigue on all
employees performing safety sensitive functions, including
employees not covered by this chapter. The plan shall be
submitted not later than 1 year after the date of the enactment
of this section, or not later than 45 days prior to commencing
operations, whichever is later.
``(2) Contents of plan.--The fatigue management plan shall--
``(A) identify and prioritize all situations that
pose a risk for safety that may be affected by fatigue;
``(B) include the railroad carrier's--
``(i) rationale for including and not
including each element described in subsection
(b)(2) in the plan;
``(ii) analysis supporting each element
included in the plan; and
``(iii) explanations for how each element in
the plan will reduce the risk associated with
fatigue;
``(C) describe how every condition on the railroad
carrier's property, and every type of employee, that is
likely to be affected by fatigue is addressed in the
plan; and
``(D) include the name, title, address, and telephone
number of the primary person to be contacted with
regard to review of the plan.
``(3) Approval.--(A) The Secretary shall review each proposed
plan and approve or disapprove such plan based on whether the
requirements of this section are sufficiently and appropriately
addressed and the proposals are adequately justified in the
plan.
``(B) If the proposed plan is not approved, the Secretary
shall notify the affected railroad carrier as to the specific
points in which the proposed plan is deficient, and the
railroad carrier shall correct all deficiencies within 30 days
following receipt of written notice from the Secretary. If a
railroad carrier does not submit a plan (or, when directed by
the Secretary, an amended plan), or if a railroad carrier's
amended plan is not approved by the Secretary, the Secretary
shall prescribe a fatigue management plan for the railroad
carrier.
``(4) Employee participation.--(A) Each affected railroad
carrier shall consult with, and employ good faith and use its
best efforts to reach agreement by consensus with, all of its
directly affected employee groups on the contents of the
fatigue management plan, and, except as provided in
subparagraph (C), shall jointly with such groups submit the
plan to the Secretary.
``(B) In the event that labor organizations represent classes
or crafts of directly affected employees of the railroad
carrier, the railroad carrier shall consult with these
organizations in drafting the plan. The Secretary may provide
technical assistance and guidance to such parties in the
drafting of the plan.
``(C) If the railroad carrier and its directly affected
employees (including any 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--
``(i) the railroad carrier shall file the plan with
the Secretary; and
``(ii) directly affected employees and labor
organizations representing a class or craft of directly
affected employees may, at their option, file a
statement with the Secretary explaining their views on
the plan on which consensus was not reached.
``(b) Elements of the Fatigue Management Plan.--
``(1) Consideration of varying circumstances.--Each plan
filed with the Secretary under the procedures of subsection (a)
shall take into account the varying circumstances of operations
by the railroad carrier on different parts of its system, and
shall prescribe appropriate fatigue countermeasures to address
those varying circumstances.
``(2) Issues affecting all employees performing safety
sensitive functions.--The railroad carrier shall consider the
need to include in its fatigue management plan elements
addressing each of the following issues:
``(A) Education and training on the physiological and
human factors that affect fatigue, as well as
strategies to counter fatigue, based on current and
evolving scientific and medical research and
literature.
``(B) Opportunities for identification, diagnosis,
and treatment of any medical condition that may affect
alertness or fatigue, including sleep disorders.
``(C) Effects on employee fatigue of emergency
response involving both short-term emergency
situations, including derailments, and long-term
emergency situations, including natural disasters.
``(D) Scheduling practices involving train lineups
and calling times, including work/rest cycles for shift
workers and on-call employees that permit employees to
compensate for cumulative sleep loss by guaranteeing a
minimum number of consecutive days off (exclusive of
time off due to illness or injury).
``(E) Minimizing the incidence of fatigue that occurs
as a result of working at times when the natural
circadian rhythm increases fatigue.
``(F) Alertness strategies, such as policies on
napping, to address acute sleepiness and fatigue while
an employee is on duty.
``(G) Opportunities to obtain restful sleep at
lodging facilities, including sleeping quarters
provided by the railroad carrier.
``(H) In connection with the scheduling of a duty
call, increasing the number of consecutive hours of
rest off duty, during which an employee receives no
communication from the employing railroad carrier or
its managers, supervisors, officers, or agents.
``(I) Avoiding abrupt changes in rest cycles for
employees returning to duty after an extended absence
due to circumstances such as illness or injury.
``(J) Additional elements as the Secretary considers
appropriate.
``(c) Compliance and Enforcement.--
``(1) Compliance requirement.--Effective upon approval or
prescription of a fatigue management plan, compliance with that
fatigue management plan becomes mandatory and enforceable by
the Secretary.
``(2) Effective date.--A fatigue management plan may include
effective dates later than the date of approval of the plan,
and may include different effective dates for different parts
of the plan.
``(3) Audits.--To enforce this section, the Secretary may
conduct inspections and periodic audits of a railroad carrier's
compliance with its fatigue management plan.
``(d) Definition.--For purposes of this section the term `directly
affected employees' means employees, including employees of an
independent contractor or subcontractor, to whose hours of service the
terms of a fatigue management plan specifically apply.''.
(b) Table of Sections Amendment.--The table of sections for chapter
211 of title 49, United States Code, is amended by adding at the end
the following new item:
``21109. Fatigue management plans.''.
SEC. 204. REGULATORY AUTHORITY.
(a) Amendment.--Chapter 211 of title 49, United States Code, as
amended by this Act, is further amended by adding at the end the
following new section:
``Sec. 21110. Regulatory authority
``The Secretary of Transportation may by regulation--
``(1) 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, based on scientific and medical
research; or
``(2) increase the minimum hours an employee may be required
or allowed to rest to a level greater than the level
established under this chapter, based on scientific and medical
research.''.
(b) Table of Sections Amendment.--The table of sections for chapter
211 of title 49, United States Code, is amended by adding at the end
the following new item:
``21110. Regulatory authority.''.
SEC. 205. CONFORMING AMENDMENT.
Section 21303(c) of title 49, United States Code, is amended by
striking ``officers and agents'' and inserting ``managers, supervisors,
officers, and agents''.
TITLE III--PROTECTION OF EMPLOYEES AND WITNESSES
SEC. 301. EMPLOYEE PROTECTIONS.
Section 20109 of title 49, United States Code, is amended to read as
follows:
``Sec. 20109. Employee protections
``(a) Protected Actions.--A railroad carrier engaged in interstate or
foreign commerce, and an officer or employee of such a railroad
carrier, shall not by threat, intimidation, or otherwise attempt to
prevent an employee from, or discharge, discipline, or in any way
discriminate against an employee for--
``(1) filing a complaint or bringing or causing to be brought
a proceeding related to the enforcement of this part or, as
applicable to railroad safety, chapter 51 or 57 of this title;
``(2) testifying in a proceeding described in paragraph (1);
``(3) notifying, or attempting to notify, the railroad
carrier or the Secretary of Transportation of a work-related
personal injury or work-related illness of an employee;
``(4) cooperating with a safety investigation by the
Secretary of Transportation or the National Transportation
Safety Board;
``(5) furnishing information to the Secretary of
Transportation, the National Transportation Safety Board, or
any other public official as to the facts relating to any
accident or incident resulting in injury or death to an
individual or damage to property occurring in connection with
railroad transportation; or
``(6) accurately reporting hours of duty pursuant to chapter
211.
``(b) Hazardous Conditions.--(1) A railroad carrier engaged in
interstate or foreign commerce, and an officer or employee of such a
railroad carrier, shall not by threat, intimidation, or otherwise
attempt to prevent an employee from, or discharge, discipline, or in
any way discriminate against an employee for--
``(A) reporting a hazardous condition;
``(B) refusing to work when confronted by a hazardous
condition related to the performance of the employee's duties,
if the conditions described in paragraph (2) exist; or
``(C) refusing to authorize the use of any safety-related
equipment, track, or structures, if the employee is responsible
for the inspection or repair of the equipment, track, or
structures, when the employee believes that the equipment,
track, or structures are in a hazardous condition, if the
conditions described in paragraph (2) exist.
``(2) A refusal is protected under paragraph (1)(B) and (C) if--
``(A) the refusal is made in good faith and no reasonable
alternative to the refusal is available to the employee;
``(B) the employee reasonably concludes that--
``(i) the hazardous condition presents an imminent
danger of death or serious injury; and
``(ii) the urgency of the situation does not allow
sufficient time to eliminate the danger without such
refusal; and
``(C) the employee, where possible, has notified the carrier
of the existence of the hazardous condition and the intention
not to perform further work, or not to authorize the use of the
hazardous equipment, track, or structures, unless the condition
is corrected immediately or the equipment, track, or structures
are repaired properly or replaced.
``(3) This subsection does not apply to security personnel employed
by a railroad carrier to protect individuals and property transported
by railroad.
``(c) Enforcement Action.--
``(1) In general.--An employee who alleges discharge or other
discrimination by any person in violation of subsection (a) may
seek relief in accordance with the provisions of this section,
with any petition or other request for relief under this
section to be initiated by filing a complaint with the
Secretary of Labor.
``(2) Procedure.--
``(A) In general.--An action under this section shall
be governed under the rules and procedures set forth in
section 42121(b).
``(B) Exception.--Notification made under section
42121(b)(1) shall be made to the person named in the
complaint and to the person's employer.
``(C) Burdens of proof.--An action brought under this
section shall be governed by the legal burdens of proof
set forth in section 42121(b).
``(D) Statute of limitations.--An action under this
section shall be commenced not later than 1 year after
the date on which the violation occurs.
``(3) De novo review.--If the Secretary of Labor has not
issued a final decision within 180 days after the filing of the
complaint (or, in the event that a final order or decision is
issued by the Secretary of Labor, whether within the 180-day
period or thereafter, then, not later than 90 days after such
an order or decision is issued), the employee may bring an
original action at law or equity for de novo review in the
appropriate district court of the United States, which shall
have jurisdiction over such an action without regard to the
amount in controversy, and which action shall, at the request
of either party to such action, be tried by the court with a
jury.
``(d) Remedies.--
``(1) In general.--An employee prevailing in any action under
this section shall be entitled to all relief necessary to make
the covered individual whole.
``(2) Damages.--Relief in an action under this section shall
include--
``(A) reinstatement with the same seniority status
that the covered individual would have had, but for the
discrimination;
``(B) the amount of any back pay, with interest; and
``(C) compensation for any special damages sustained
as a result of the discrimination, including litigation
costs, expert witness fees, and reasonable attorney
fees.
``(3) Possible relief.--Relief may also include punitive
damages in an amount not to exceed 10 times the amount of any
compensatory damages awarded under this section.
``(e) Criminal Penalties.--
``(1) In general.--It shall be unlawful for any railroad
carrier to commit an act prohibited by subsection (a). Any
person who willfully violates this section by terminating or
retaliating against any such covered individual who makes a
claim under this section shall be fined under title 18, United
States Code, imprisoned not more than 1 year, or both.
``(2) Reporting requirement.--
``(A) In general.--The Attorney General shall submit
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate an
annual report on the enforcement of paragraph (1).
``(B) Contents.--Each such report shall--
``(i) identify each case in which formal
charges under paragraph (1) were brought;
``(ii) describe the status or disposition of
each such case; and
``(iii) in any actions under subsection
(c)(1) in which the employee was the prevailing
party or the substantially prevailing party,
indicate whether or not any formal charges
under paragraph (1) of this subsection have
been brought and, if not, the reasons therefor.
``(f) No Preemption.--Nothing in this section preempts or diminishes
any other safeguards against discrimination, demotion, discharge,
suspension, threats, harassment, reprimand, retaliation, or any other
manner of discrimination provided by Federal or State law.
``(g) Rights Retained by Covered Individual.--Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies of any
covered individual under any Federal or State law or under any
collective bargaining agreement. The rights and remedies in this
section may not be waived by any agreement, policy, form, or condition
of employment.''.
TITLE IV--GRADE CROSSINGS
SEC. 401. TOLL-FREE NUMBER TO REPORT GRADE CROSSING PROBLEMS.
Section 20152 of title 49, United States Code, is amended to read as
follows:
``Sec. 20152. Emergency notification of grade crossing problems
``Not later than 18 months after the date of enactment of the Federal
Railroad Safety Improvement Act of 2007, the Secretary of
Transportation shall require each railroad carrier to--
``(1) establish and maintain a toll-free telephone service,
for rights-of-way over which it dispatches trains, to directly
receive calls reporting--
``(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; and
``(B) disabled vehicles blocking railroad tracks at
such grade crossings;
``(2) upon receiving a report of a malfunction or disabled
vehicle pursuant to paragraph (1), immediately contact trains
operating near the grade crossing to warn them of the
malfunction or disabled vehicle;
``(3) upon receiving a report of a malfunction or disabled
vehicle pursuant to paragraph (1), 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 appropriate to
responding to the hazardous circumstance; and
``(4) 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--
``(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;
``(B) an explanation of the purpose of that toll-free
number as described in paragraph (1); and
``(C) the grade crossing number assigned for that
crossing by the National Highway-Rail Crossing
Inventory established by the Department of
Transportation.
The Secretary of Transportation shall implement this section through
appropriate regulations.''.
SEC. 402. ROADWAY USER SIGHT DISTANCE AT HIGHWAY-RAIL GRADE CROSSINGS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 20156. Roadway user sight distance at highway-rail grade
crossings
``(a) In General.--Not later than 18 months after the date of
enactment of the Federal Railroad Safety Improvement Act of 2007, the
Secretary of Transportation shall prescribe regulations that require
each railroad carrier to remove from its rights-of-way at all public
highway-rail grade crossings, and at all private highway-rail grade
crossings open to unrestricted public access (as declared in writing by
the holder of the crossing right), grass, brush, shrubbery, trees, and
other vegetation which may obstruct the view of a pedestrian or a
vehicle operator for a reasonable distance in either direction of the
train's approach, and to maintain its rights-of-way at all such
crossings free of such vegetation. In prescribing the regulations, the
Secretary shall take into consideration to the extent practicable--
``(1) the type of warning device or warning devices installed
at the crossing;
``(2) factors affecting the timeliness and effectiveness of
roadway user decisionmaking, including the maximum allowable
roadway speed, maximum authorized train speed, angle of
intersection, and topography;
``(3) the presence or absence of other sight distance
obstructions off the railroad right-of-way; and
``(4) any other factors affecting safety at such crossings.
``(b) Protected Vegetation.--In promulgating regulations pursuant to
this section, the Secretary may make allowance for preservation of
trees and other ornamental or protective growth where State or local
law or policy would otherwise protect the vegetation from removal and
where the roadway authority or private crossing holder is notified of
the sight distance obstruction and, within a reasonable period
specified by the regulation, takes appropriate temporary and permanent
action to abate the hazard to roadway users (such as by closing the
crossing, posting supplementary signage, installing active warning
devices, lowering roadway speed, or installing traffic calming
devices).
``(c) No Preemption.--Notwithstanding section 20106, subsections (a)
and (b) of this section do not prohibit a State from continuing in
force, or from enacting, a law, regulation, or order requiring the
removal of obstructive vegetation from a railroad right-of-way for
safety reasons that is more stringent than the requirements of the
regulations prescribed pursuant to this section.
``(d) Model Legislation.--Not later than 18 months after the date of
enactment of the Federal Railroad Safety Improvement Act of 2007, the
Secretary, after consultation with the Federal Railroad Safety
Administration, the Federal Highway Administration, and States, shall
develop and make available to States model legislation providing for
improving safety by addressing sight obstructions at highway-rail grade
crossings that are equipped solely with passive warnings, such as
permanent structures, temporary structures, and standing railroad
equipment, as recommended by the Inspector General of the Department of
Transportation in Report No. MH-2007-044.''.
(b) Conforming Amendment.--The table of sections for such subchapter
II of chapter 201 is amended by inserting after the item relating to
section 20155 the following new item:
``20156. Roadway user sight distance at highway-rail grade
crossings.''.
SEC. 403. GRADE CROSSING SIGNAL VIOLATIONS.
(a) Amendments.--Section 20151 of title 49, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 20151. Railroad trespassing, vandalism, and signal violation
prevention strategy'';
(2) in subsection (a)--
(A) by striking ``and vandalism affecting railroad
safety'' and inserting in lieu thereof ``, vandalism
affecting railroad safety, and violations of grade
crossing signals'';
(B) by inserting ``, concerning trespassing and
vandalism,'' after ``such evaluation and review''; and
(C) by inserting ``The second such evaluation and
review, concerning violations of grade crossing
signals, shall be completed before April 1, 2008.''
after ``November 2, 1994.'';
(3) in the subsection heading of subsection (b), by inserting
``for Trespassing and Vandalism Prevention'' after ``Outreach
Program'';
(4) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``Model Legislation.--
''; and
(C) by adding at the end the following new paragraph:
``(2) Within 18 months after the date of enactment of the Federal
Railroad Safety Improvement Act of 2007, the Secretary, after
consultation with State and local governments, railroad carriers, and
rail labor organizations, shall develop and make available to State and
local governments model State legislation providing for civil or
criminal penalties, or both, for violations of grade crossing
signals.''; and
(5) by adding at the end the following new subsection:
``(d) Definition.--For purposes of this section, the term `violation
of grade crossing signals' includes any action by a motorist, unless
directed by an authorized safety officer--
``(1) to drive around a grade crossing gate in a position
intended to block passage over railroad tracks;
``(2) to drive through a flashing grade crossing signal;
``(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; and
``(4) in the vicinity of a grade crossing, that creates a
hazard of an accident involving injury or property damage at
the grade crossing.''.
(b) Conforming Amendment.--The item relating to section 20151 in the
table of sections for subchapter II of chapter 201 of title 49, United
States Code, is amended to read as follows:
``20151. Railroad trespassing, vandalism, and signal violation
prevention strategy.''.
SEC. 404. NATIONAL CROSSING INVENTORY.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this Act, is further amended by adding at
the end the following new section:
``Sec. 20157. National crossing inventory
``(a) Initial Reporting of Information About Previously Unreported
Crossings.--Not later than 1 year after the date of enactment of the
Federal Railroad Safety Improvement Act of 2007 or 6 months after a new
crossing becomes operational, whichever occurs later, each railroad
carrier shall--
``(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
``(2) ensure that the information has been reported to the
Secretary by another railroad carrier that operates through the
crossing.
``(b) Updating of Crossing Information.--(1) On a periodic basis
beginning not later than 3 years after the date of enactment of the
Federal Railroad Safety Improvement Act of 2007 and on or before
September 30 of every third year thereafter, or as otherwise specified
by the Secretary, each railroad carrier shall--
``(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
``(B) ensure that the information has been reported to the
Secretary by another railroad carrier that operates through the
crossing.
``(2) A railroad carrier that sells a crossing or any part of a
crossing on or after the date of enactment of the Federal Railroad
Safety Improvement Act of 2007 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.
``(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 Federal Railroad Safety Improvement Act of 2007, until
such provision is superseded by a regulation issued under this section.
``(d) Definitions.--In this section:
``(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--
``(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways,
crosses one or more railroad tracks either at grade or
grade-separated; or
``(B) a pathway 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.
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, or the Commonwealth of Puerto
Rico.''.
(b) Conforming Amendment.--The table of sections for such subchapter
II of chapter 201 is amended by adding at the end the following new
item:
``20157. National crossing inventory.''.
(c) Reporting and Updating.--Section 130 of title 23, United States
Code, is amended by adding at the end the following:
``(l) National Crossing Inventory.--
``(1) Initial reporting of crossing information.--Not later
than 1 year after the date of enactment of the Federal Railroad
Safety Improvement Act of 2007 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 crossing located within its borders.
``(2) Periodic updating of crossing information.--On a
periodic basis beginning not later than 3 years after the date
of enactment of the Federal Railroad Safety Improvement Act of
2007 and on or before September 30 of every third 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 crossing located
within its borders.
``(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 Federal Railroad Safety Improvement Act of 2007, until
such provision is superseded by a regulation issued under this
subsection.
``(4) Definitions.--In this subsection, the terms `crossing'
and `State' have the meaning given those terms by section
20157(d)(1) and (2), respectively, of title 49.''.
(d) Civil Penalties.--(1) Section 21301(a)(1) of title 49, United
States Code, is amended--
(A) by inserting ``with section 20157 or'' after ``comply''
in the first sentence; and
(B) by inserting ``section 20157 of this title or'' after
``violating'' in the second sentence.
(2) Section 21301(a)(2) of title 49, United States Code, is amended
by inserting ``The Secretary shall impose a civil penalty for a
violation of section 20157 of this title.'' after the first sentence.
SEC. 405. ACCIDENT AND INCIDENT REPORTING.
The Federal Railroad Safety 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 the
national accident database.
SEC. 406. AUTHORITY TO BUY PROMOTIONAL ITEMS TO IMPROVE RAILROAD
CROSSING SAFETY AND PREVENT RAILROAD TRESPASS.
Section 20134(a) of title 49, United States Code, is amended by
adding at the end the following: ``The Secretary may purchase
promotional 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 prevent trespass on railroad rights of way, and the Secretary
shall prescribe guidelines for the administration of this authority.''.
SEC. 407. OPERATION LIFESAVER.
(a) Grant.--The Federal Railroad Safety 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, bicycle, motor vehicle, and other incidents, injuries, and
fatalities, and to improve awareness along railroad rights-of-way and
at highway-rail grade crossings. This includes development, placement,
and dissemination of Public Service Announcements in newspaper, radio,
television, and other media. It will also include school presentations,
brochures and materials, support for public awareness campaigns, and
related support for the activities of Operation Lifesaver's member
organizations.
(b) Pilot Program.--Funds provided under subsection (a) may also 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, sustained community outreach on the subjects
described in subsection (a). Such pilot program shall be established in
States and communities where risk is greatest, in terms of the number
of crashes and population density near the railroad, including
residences, businesses, and schools. Such pilot program shall be
carried out through grants to Operation Lifesaver for work with
community leaders, school districts, and public and private partners to
identify the communities at greatest risk, and through development of
an implementation plan. An evaluation component requirement shall be
included in the grant to measure results.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Federal Railroad Safety Administration for carrying
out this section $1,500,000 for each of the fiscal years 2008 through
2011.
SEC. 408. STATE ACTION PLAN.
(a) In General.--The Secretary shall identify on an annual basis the
top 10 States that have had the most highway-rail grade crossing
collisions over the past year. The Secretary shall work with each of
these States to develop a State Grade Crossing Action Plan that
identifies specific solutions for improving safety at crossings,
particularly at crossings that have experienced multiple accidents.
(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 not approved, the
Secretary shall notify the affected State as to the specific points 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.
SEC. 409. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO IMPROVE SAFETY AT
HIGHWAY-RAIL GRADE CROSSINGS.
(a) Amendment.--Chapter 201 of title 49, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 20165. Fostering introduction of new technology to improve
safety at highway-rail grade crossings
``(a) Findings.--(1) Collisions between highway users and trains at
highway-rail grade crossings continue to cause an unacceptable loss of
life and serious personal injury and also threaten the safety of rail
transportation.
``(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.
``(3) Conventional highway traffic control devices such as flashing
lights and gates are effective in warning motorists of a train's
approach to an equipped crossing.
``(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.
``(5) The emergence of new technologies supporting Intelligent
Transportation Systems presents opportunities for more effective and
affordable warnings and safer passage of highway users and trains at
remaining highway-rail grade crossings.
``(6) Implementation of new crossing safety technology will require
extensive cooperation between highway authorities and railroad
carriers.
``(7) Federal Railroad Safety 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.
``(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.''.
(b) Table of Sections Amendment.--The table of sections for chapter
201 of title 49, United States Code, as amended by this Act, is further
amended by adding at the end the following new item:
``20165. Fostering introduction of new technology to improve safety at
highway-rail grade crossings.''.
TITLE V--ENFORCEMENT
SEC. 501. ENFORCEMENT.
Section 20112(a) of title 49, United States Code, is amended--
(1) by inserting ``this part or'' in paragraph (1) after
``enforce,'';
(2) by striking ``21301'' in paragraph (2) and inserting
``21301, 21302, or 21303'';
(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''; and
(4) by striking ``chapter.'' in paragraph (3) and inserting
``part.''.
SEC. 502. CIVIL PENALTIES.
(a) General Violations of Chapter 201.--Section 21301(a)(2) of title
49, United States Code, is amended--
(1) by striking ``$10,000'' and inserting ``$25,000''; and
(2) by striking ``$20,000'' and inserting ``$100,000''.
(b) Accident and Incident Violations of Chapter 201; Violations of
Chapters 203 Through 209.--Section 21302(a)(2) of title 49, United
States Code, is amended--
(1) by striking ``$10,000'' and inserting ``$25,000''; and
(2) by striking ``$20,000'' and inserting ``$100,000''.
(c) Violations of Chapter 211.--Section 21303(a)(2) of title 49,
United States Code, is amended--
(1) by striking ``$10,000'' and inserting ``$25,000''; and
(2) by striking ``$20,000'' and inserting ``$100,000''.
SEC. 503. CRIMINAL PENALTIES.
Section 21311(b) of title 49, United States Code, is amended by
striking ``$500'' both places it appears and inserting ``$2,500''.
SEC. 504. EXPANSION OF EMERGENCY ORDER AUTHORITY.
Section 20104(a)(1) of title 49, United States Code, is amended by
striking ``death or personal injury'' and inserting ``death, personal
injury, or significant harm to the environment''.
SEC. 505. ENFORCEMENT TRANSPARENCY.
(a) Amendment.--Subchapter I of chapter 201 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 20118. Enforcement transparency
``(a) In General.--Not later than December 31, 2007, the Secretary of
Transportation shall--
``(1) provide a monthly updated summary to the public of all
railroad enforcement actions taken by the Secretary or the
Federal Railroad Safety Administration, from the time a notice
commencing an enforcement action is issued until the
enforcement action is final;
``(2) include in each such summary identification of the
railroad carrier or person involved in the enforcement
activity, the type of alleged violation, the penalty or
penalties proposed, any changes in case status since the
previous summary, the final assessment amount of each penalty,
and the reasons for a reduction in the proposed penalty, if
appropriate; and
``(3) provide a mechanism by which a railroad carrier or
person named in an enforcement action may make information,
explanations, or documents it believes are responsive to the
enforcement action available to the public.
``(b) Electronic Availability.--Each summary under this section shall
be made available to the public by electronic means.
``(c) Relationship to FOIA.--Nothing in this section shall be
construed to require disclosure of information or records that are
exempt from disclosure under section 552 of title 5.''.
(b) Table of Sections Amendment.--The table of sections of subchapter
I of chapter 201 of title 49, United States Code, is amended by adding
at the end the following new item:
``20118. Enforcement transparency.''.
SEC. 506. INTERFERING WITH OR HAMPERING SAFETY INVESTIGATIONS.
(a) Amendment.--Subchapter II of chapter 213 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 21312. Interfering with or hampering safety investigations
``(a) In General.--It shall be unlawful for any person knowingly to
interfere with, obstruct, or hamper an investigation by the Secretary
of Transportation conducted under section 20703 or 20902 of this title,
or a railroad investigation by the National Transportation Safety Board
under chapter 11 of this title.
``(b) Intimidation and Harassment.--It shall be unlawful for any
person, with regard to an investigation conducted by the Secretary
under section 20703 or 20902 of this title, or a railroad investigation
by the National Transportation Safety Board under chapter 11 of this
title, knowingly or intentionally to use intimidation, harassment,
threats, or physical force toward another person, or corruptly persuade
another person, or attempt to do so, or engage in misleading conduct
toward another person, with the intent or effect of--
``(1) influencing the testimony or statement of any person;
``(2) hindering, delaying, preventing, or dissuading any
person from--
``(A) attending a proceeding or interview with,
testifying before, or providing a written statement to,
a National Transportation Safety Board railroad
investigator, a Federal railroad safety inspector or
State railroad safety inspector, or their superiors;
``(B) communicating or reporting to a National
Transportation Safety Board railroad investigator, a
Federal railroad safety inspector, or a State railroad
safety inspector, or their superiors, information
relating to the commission or possible commission of
one or more violations of this part or of chapter 51 of
this title; or
``(C) recommending or using any legal remedy
available to the Secretary under this title; or
``(3) causing or inducing any person to--
``(A) withhold testimony, or a statement, record,
document, or other object, from the investigation;
``(B) alter, destroy, mutilate, or conceal a
statement, record, document, or other object with
intent to impair the integrity or availability of the
statement, record, document, or other object for use in
the investigation;
``(C) evade legal process summoning that person to
appear as a witness, or to produce a statement, record,
document, or other object, in the investigation; or
``(D) be absent from an investigation to which such
person has been summoned by legal process.
``(c) Elements of Violation.--(1) For the purposes of this section,
the testimony or statement, or the record, document, or other object,
need not be admissible in evidence or free from a claim of privilege.
``(2) In a prosecution for an offense under this section, no state of
mind need be proved with respect to the circumstance that the
investigation is being conducted by the Secretary under section 20703
or 20902 of this title or by the National Transportation Safety Board
under chapter 11 of this title.
``(d) Criminal Penalties.--A person violating this section shall be
fined under title 18, imprisoned for not more than 1 year, or both.''.
(b) Table of Sections Amendment.--The table of sections of subchapter
II of chapter 213 of title 49, United States Code, is amended by adding
at the end the following new item:
``21312. Interfering with or hampering safety investigations.''.
SEC. 507. RAILROAD RADIO MONITORING AUTHORITY.
Section 20107 of title 49, United States Code, is amended by
inserting at the end the following:
``(c) Railroad Radio Communications.--
``(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 the following activities in circumstances
the Secretary finds to be reasonable:
``(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--
``(i) authorized for use by one or more
railroad carriers by the Federal Communications
Commission; and
``(ii) primarily used by such railroad
carriers for communications in connection with
railroad operations.
``(B) Communicating the existence, contents,
substance, purport, effect, or meaning of the
communication, subject to the restrictions in paragraph
(3).
``(C) Receiving or assisting in receiving the
communication (or any information therein contained).
``(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).
``(E) Recording the communication by any means,
including writing and tape recording.
``(2) Accident prevention and accident 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 prevention and accident investigation.
``(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--
``(i) in a prosecution of a felony under Federal or
State criminal law; or
``(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.
``(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.
``(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).
``(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.
``(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.
``(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.''.
SEC. 508. INSPECTOR STAFFING.
The Secretary shall increase the total number of positions for
railroad safety inspection and enforcement personnel at the Federal
Railroad Safety Administration so that by December 31, 2008, the total
number of such positions is at least 500, by December 31, 2009, the
total number of such positions is at least 600, by December 31, 2010,
the total number of such positions is at least 700, and by December 31,
2011, the total number of positions is at least 800.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. POSITIVE TRAIN CONTROL SYSTEMS.
(a) In General.--Not later than 12 months after the date of enactment
of this Act, each Class I railroad carrier shall develop and submit to
the Secretary a plan for implementing a positive train control system
by December 31, 2014, that will minimize the risk of train collisions
and over-speed derailments, provide protection to maintenance-of-way
workers within established work zone limits, and minimize the risk of
the movement of a train through a switch left in the wrong position.
(b) Safety Redundancy.--The positive train control system required
under subsection (a) shall provide a safety redundancy to minimize the
risk of accidents by overriding human performance failures involving
train movements on main line tracks.
(c) Contents of Plan.--The Secretary may provide technical assistance
and guidance to railroad carriers in developing the plans required
under subsection (a), and shall require that each railroad carrier
include in the plan, at a minimum--
(1) measurable goals, including a strategy and timeline for
implementation of such systems;
(2) a prioritization of how the systems will be implemented,
with particular emphasis on high-risk corridors such as those
that have significant movements of hazardous materials or where
commuter and intercity passenger railroads operate;
(3) identification of detailed steps the carriers will take
to implement the systems; and
(4) any other element the Secretary considers appropriate.
(d) Review and Approval.--Not later than 90 days after the Secretary
receives a plan, the Secretary shall review and approve it. If the
proposed plan is not approved, the Secretary shall notify the affected
railroad carrier as to the specific points in which the proposed plan
is deficient, and the railroad carrier 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
railroads are complying with their plans.
(e) Report.--Not later than December 31, 2011, 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.
(f) Authority To Extend Deadline.--The Secretary may extend the date
for implementation required under subsection (a) for any Class I
railroad carrier for a period of not more than 24 months if the
Secretary determines such an extension is necessary--
(1) to implement a more effective positive train control
system than would be possible under the date established in
subsection (a);
(2) to obtain interoperability between positive train control
systems implemented by railroad carriers;
(3) for the Secretary to determine that a positive train
control system meets the requirements of this section and
regulations issued by the Secretary; or
(4) to otherwise enhance safety.
(g) Certification.--The Secretary shall not permit the installation
of any positive train control system or component unless the Secretary
has certified that such system or component has not experienced a
safety-critical failure during prior testing and evaluation. If such a
failure has occurred, the system or component may be repaired and
evaluated in accordance with part 236 of title 49 of the Code of
Federal Regulations and may be installed when the Secretary certifies
that the factors causing the failure have been corrected and approves
the system for installation in accordance with such part 236.
(h) Notice.--Not later than 30 days after the Secretary grants an
extension under subsection (f), the Secretary shall publish a notice in
the Federal Register that identifies the Class I railroad carrier that
is being granted the extension, the reasons for granting the extension,
and the length of the extension.
SEC. 602. WARNING IN NONSIGNALED TERRITORY.
(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this Act, is further amended by adding at
the end the following new section:
``Sec. 20158. Warning in nonsignaled territory
``Not later than 12 months after the date of enactment of the Federal
Railroad Safety Improvement Act of 2007, the Secretary of
Transportation shall prescribe regulations that require railroads, with
respect to main lines in nonsignaled territory without a train speed
enforcement system that would stop a train in advance of a misaligned
switch, to either--
``(1) install an automatically activated device, in addition
to the switch banner, that will, visually or electronically,
compellingly capture the attention of the employees involved
with switch operations and clearly convey the status of the
switch both in daylight and darkness; or
``(2) operate trains at speeds that will allow them to be
safely stopped in advance of misaligned switches.''.
(b) Table of Sections Amendment.--The table of sections of subchapter
II of chapter 201 of title 49, United States Code, is amended by adding
at the end the following new item:
``20158. Warning in nonsignaled territory.''.
SEC. 603. TRACK SAFETY.
(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this Act, is further amended by adding at
the end the following new section:
``Sec. 20159. Track safety
``(a) Rail Integrity.--Not later than 12 months after the date of
enactment of the Federal Railroad Safety Improvement Act of 2007, the
Secretary of Transportation shall prescribe regulations to require
railroad carriers to manage the rail in their tracks so as to minimize
accidents due to internal rail flaws. The regulations shall, at a
minimum--
``(1) require railroad carriers to conduct ultrasonic or
other appropriate inspections to ensure that rail used to
replace defective segments of existing rail is free from
internal defects;
``(2) require railroad carriers to perform rail integrity
inspections to manage an annual service failure rate of less
than .1 per track mile on high-risk corridors such as those
that have significant movements of hazardous materials or where
commuter and intercity passenger railroads operate; and
``(3) encourage railroad carrier use of advanced rail defect
inspection equipment and similar technologies as part of a
comprehensive rail inspection program.
``(b) Concrete Crossties.--Not later than 18 months after the date of
enactment of the Federal Railroad Safety Improvement Act of 2007, the
Secretary shall develop and implement regulations for all classes of
track for concrete crossties that address, at a minimum--
``(1) limits for rail seat abrasion;
``(2) concrete crosstie pad wear limits;
``(3) missing or broken rail fasteners;
``(4) loss of appropriate toeload pressure;
``(5) improper fastener configurations; and
``(6) excessive lateral rail movement.''.
(b) Table of Sections Amendment.--The table of sections of subchapter
II of chapter 201 of title 49, United States Code, is amended by adding
at the end the following new item:
``20159. Track safety.''.
SEC. 604. CERTIFICATION OF CONDUCTORS.
(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this Act, is further amended by adding at
the end the following new section:
``Sec. 20160. Certification of conductors
``(a) Regulations.--Not later than 18 months after the date of
enactment of the Federal Railroad Safety Improvement Act of 2007, the
Secretary of Transportation shall prescribe regulations and issue
orders to establish a program requiring the certification of train
conductors. In prescribing such regulations, the Secretary shall
require that conductors on passenger trains be trained in security,
first aid, and emergency preparedness.
``(b) Program Design.--The program established under this section
shall be designed based on the requirements of section 20135(b) through
(e).''.
(b) Table of Sections Amendment.--The table of sections of subchapter
II of chapter 201 of title 49, United States Code, is amended by adding
at the end the following new item:
``20160. Certification of conductors.''.
SEC. 605. MINIMUM TRAINING STANDARDS.
(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this Act, is further amended by adding at
the end the following new section:
``Sec. 20161. Minimum training standards
``The Secretary of Transportation shall, not later than 180 days
after the date of enactment of the Federal Railroad Safety Improvement
Act of 2007, establish--
``(1) minimum training standards for each class and craft of
railroad employees, which shall require railroad carriers to
qualify or otherwise document the proficiency of their
employees in each 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;
``(2) a requirement for railroad carriers to submit their
training and qualification programs to the Federal Railroad
Safety Administration for approval; and
``(3) a minimum training curriculum, and ongoing training
criteria, testing, and skills evaluation measures to ensure
that railroad 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,
or injury. In implementing the requirements of this paragraph,
the Secretary shall take into consideration existing training
programs of railroad carriers.''.
(b) Table of Sections Amendment.--The table of sections of subchapter
II of chapter 201 of title 49, United States Code, is amended by adding
at the end the following new item:
``20161. Minimum training standards.''.
SEC. 606. PROMPT MEDICAL ATTENTION.
(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this Act, is further amended by adding at
the end the following new section:
``Sec. 20162. Prompt medical attention
``(a) Prohibition.--A railroad or person covered under this title
shall 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 medically appropriate hospital.
``(b) Discipline.--A railroad or person covered under this title
shall 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. For purposes of this
subsection, 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.''.
(b) Table of Sections Amendment.--The table of sections of subchapter
II of chapter 201 of title 49, United States Code, is amended by adding
at the end the following new item:
``20162. Prompt medical attention.''.
SEC. 607. EMERGENCY ESCAPE BREATHING APPARATUS.
(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this Act, is further amended by adding at
the end the following new section:
``Sec. 20163. Emergency escape breathing apparatus
``Not later than 18 months after the date of enactment of the Federal
Railroad Safety Improvement Act of 2007, the Secretary of
Transportation shall prescribe regulations that require railroads to--
``(1) provide emergency escape breathing apparatus for all
crewmembers on freight trains carrying hazardous materials that
would pose an inhalation hazard in the event of release; and
``(2) provide their crewmembers with appropriate training for
using the breathing apparatus.''.
(b) Table of Sections Amendment.--The table of sections of subchapter
II of chapter 201 of title 49, United States Code, is amended by adding
at the end the following new item:
``20163. Emergency escape breathing apparatus.''.
SEC. 608. LOCOMOTIVE CAB ENVIRONMENT.
Not later than 12 months after the date of enactment of this Act, the
Secretary of Transportation 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 on the effects of the locomotive cab environment on the safety,
health, and performance of train crews.
SEC. 609. TUNNEL INFORMATION.
Not later than 120 days after the date of enactment of this Act, each
railroad carrier (as defined in section 20102 of title 49, United
States Code) shall, with respect to each of its tunnels which--
(1) are longer than 1000 feet and located under a city with a
population of 400,000 or greater; or
(2) carry 5 or more scheduled passenger trains per day, or
500 or more carloads of Toxic Inhalation Hazardous materials
per year,
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 also provide periodic briefings to
the government 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 provided by the
railroad carrier under this section, consistent with national security
interests.
SEC. 610. RAILROAD POLICE.
Section 28101 of title 49, United States Code, is amended by striking
``the rail carrier'' each place it appears and inserting ``any rail
carrier''.
SEC. 611. MUSEUM LOCOMOTIVE STUDY.
(a) Study.--The Secretary of Transportation shall conduct a study of
its regulations relating to safety inspections of diesel-electric
locomotives and equipment and the safety consequences of requiring less
frequent inspections of such locomotives which are operated by museums,
including annual inspections or inspections based on accumulated
operating hours. The study shall include an analysis of the safety
consequences of requiring less frequent air brake inspections of such
locomotives.
(b) Report.--Not later than 12 months after the date of enactment of
this Act, the Secretary of Transportation 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.
SEC. 612. CERTIFICATION OF CARMEN.
(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by this Act, is further amended by adding at
the end the following new section:
``Sec. 20164. Certification of carmen
``(a) Regulations.--Not later than 18 months after the date of
enactment of the Federal Railroad Safety Improvement Act of 2007, the
Secretary of Transportation shall prescribe regulations and issue
orders to establish a program requiring the certification of carmen,
including all employees performing mechanical inspections, brake system
inspections, or maintenance on freight and passenger rail cars.
``(b) Program Design.--The program established under this section
shall be designed by the Secretary of Transportation based on the
requirements of parts 215, 221, 231, 232, and 238 of title 49 of the
Code of Federal Regulations.''.
(b) Table of Sections Amendment.--The table of sections of subchapter
II of chapter 201 of title 49, United States Code, is amended by adding
at the end the following new item:
``20164. Certification of carmen.''.
SEC. 613. TRAIN CONTROL SYSTEMS DEPLOYMENT GRANTS.
(a) Grant Program.--The Secretary of Transportation shall establish a
grant program for the deployment of train control and component
technologies, including--
(1) communications-based train control systems designed to
prevent train movement authority violations, over-speed
violations, and train collision accidents caused by
noncompliance with authorities as well as to provide additional
protections to roadway workers and protect against open
switches in nonsignal territories;
(2) remote control power switch technology;
(3) switch point monitoring technology; and
(4) track integrity circuit technology.
(b) Grant Criteria.--
(1) 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) that
have a public benefit of improved safety or network efficiency.
(2) Implementation plan.--An applicant for a grant made
pursuant to this section shall file with the Secretary a train
control implementation plan that shall describe the overall
safety and efficiency benefits of installing systems described
in subsection (a) and the stages for implementing such systems.
(3) Consideration.--The Secretary shall give priority
consideration to applications that benefit both passenger and
freight safety and efficiency, or incentivize train control
technology deployment on high-risk corridors such as those that
have significant movements of hazardous materials or where
commuter and intercity passenger railroads operate.
(c) Authorization of Appropriations.--(1) There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
fiscal years 2008 through 2011 to carry out this section.
(2) Amounts made available pursuant to this subsection shall remain
available until expended.
SEC. 614. INFRASTRUCTURE SAFETY INVESTMENT REPORTS.
Not later than February 15th of each year, each Class I railroad
shall file a report with both the Federal Railroad Safety
Administration and the Surface Transportation Board detailing, by
State, the infrastructure investments and maintenance they have
performed on their system, including but not limited to track,
locomotives, railcars, and grade crossings, in the previous calendar
year to ensure the safe movement of freight, and their plans for such
investments and maintenance in the current calendar year. Such reports
shall be publicly available, and any interested party may file comments
about the reports, which also shall be made public.
SEC. 615. EMERGENCY GRADE CROSSING SAFETY IMPROVEMENTS.
(a) Establishment of Program.--The Secretary of Transportation shall
establish a grant program to provide for emergency grade crossing
safety improvements, including the installation, repair, or improvement
of--
(1) railroad crossing signals, gates, and related
technologies, including median barriers and four quadrant
gates;
(2) highway traffic signalization, including highway signals
tied to railroad signal systems;
(3) highway lighting and crossing approach signage;
(4) roadway improvements, including railroad crossing panels
and surfaces; and
(5) related work to mitigate dangerous conditions.
(b) Grant Criteria.--
(1) Eligibility.--The Secretary may make grants to State and
local governments under this section to provide emergency grade
crossing safety improvements at a location where there has been
a railroad grade crossing collision with a school bus, or
collision involving three or more serious bodily injuries or
fatalities.
(2) Maximum amount.--Grants awarded under paragraph (1) shall
not exceed $250,000 per crossing.
(3) No state or local share.--The Secretary shall not require
the contribution of a State or local share as a condition of
the grant.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
fiscal years 2008 through 2011 to carry out this section. Amounts made
available under this subsection shall remain available until expended.
SEC. 616. CLARIFICATIONS REGARDING STATE LAW CAUSES OF ACTION.
Section 20106 of title 49, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Laws,
regulations''; and
(2) by inserting at the end the following new subsection:
``(b) Clarifications Regarding State Law Causes of Action.--
``(1) In general.--Nothing in this section shall be construed
to preempt an action under State law seeking damages for
personal injury, death, or property damage alleging that a
party has violated the Federal standard of care established by
a regulation or order issued by the Secretary of Transportation
(with respect to railroad safety matters), or the Secretary of
Homeland Security (with respect to the railroad security
matters) covering the subject matter as provided in subsection
(a) of this section. This includes actions under State law for
a party's violation of or failure to adequately comply with its
own plan, rule, or standard that it created pursuant to a
regulation or order issued by either of the Secretaries or for
a party's failure to adequately comply with a law, regulation,
or order issued by either of the Secretaries. Actions under
State law for a violation of a State law, regulation, or order
that is not inconsistent with subsection (a)(2) are also not
preempted.
``(2) Retroactivity.--This subsection shall apply to all
pending State law causes of action arising from events or
activities occurring on or after January 18, 2002.''.
TITLE VII--RAIL PASSENGER DISASTER FAMILY ASSISTANCE
SEC. 701. SHORT TITLE.
This title may be cited as the ``Rail Passenger Disaster Family
Assistance Act of 2007''.
SEC. 702. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO
FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER
ACCIDENTS.
(a) In General.--Subchapter III of chapter 11 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 1139. Assistance to families of passengers involved in rail
passenger accidents
``(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--
``(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; and
``(2) designate an independent nonprofit organization, with
experience in disasters and posttrauma communication with
families, which shall have primary responsibility for
coordinating the emotional care and support of the families of
passengers involved in the accident.
``(b) Responsibilities of the Board.--The Board shall have primary
Federal responsibility for--
``(1) facilitating the recovery and identification of fatally
injured passengers involved in an accident described in
subsection (a); and
``(2) communicating with the families of passengers involved
in the accident as to the roles of--
``(A) the organization designated for an accident
under subsection (a)(2);
``(B) Government agencies; and
``(C) the rail passenger carrier involved,
with respect to the accident and the post-accident activities.
``(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:
``(1) To provide mental health and counseling services, in
coordination with the disaster response team of the rail
passenger carrier involved.
``(2) To take such actions as may be necessary to provide an
environment in which the families may grieve in private.
``(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.
``(4) To arrange a suitable memorial service, in consultation
with the families.
``(d) Passenger Lists.--
``(1) Requests for passenger lists.--
``(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.
``(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).
``(2) Use of information.--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.
``(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--
``(1) are briefed, prior to any public briefing, about the
accident and any other findings from the investigation; and
``(2) are individually informed of and allowed to attend any
public hearings and meetings of the Board about the accident.
``(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.
``(g) Prohibited Actions.--
``(1) Actions to impede the board.--No person (including a
State or political subdivision) 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.
``(2) Unsolicited communications.--No unsolicited
communication concerning a potential action 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 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.
``(3) Prohibition on actions to prevent mental health and
counseling services.--No State or political subdivision 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.
``(h) Definitions.--In this section, the following definitions apply:
``(1) Rail passenger accident.--The term `rail passenger
accident' means any rail passenger disaster occurring in the
provision of--
``(A) interstate intercity rail passenger
transportation (as such term is defined in section
24102); or
``(B) interstate or intrastate high-speed rail (as
such term is defined in section 26105) transportation,
regardless of its cause or suspected cause.
``(2) Rail passenger carrier.--The term `rail passenger
carrier' means a rail carrier providing--
``(A) interstate intercity rail passenger
transportation (as such term is defined in section
24102); or
``(B) interstate or intrastate high-speed rail (as
such term is defined in section 26105) transportation,
except that such term shall not include a tourist, historic,
scenic, or excursion rail carrier.
``(3) Passenger.--The term `passenger' includes--
``(A) an employee of a rail passenger carrier aboard
a train;
``(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; and
``(C) any other person injured or killed in the
accident.
``(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.
``(j) Relinquishment of Investigative Priority.--
``(1) General rule.--This section (other than subsection (g))
shall not apply to a railroad 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.
``(2) Board assistance.--If this section does not apply to a
railroad 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.''.
(b) Conforming Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 1138 the
following:
``1139. Assistance to families of passengers involved in rail passenger
accidents.''.
SEC. 703. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF
PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.
(a) In General.--Part C of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 251--FAMILY ASSISTANCE
``Sec.
``25101. Plans to address needs of families of passengers involved in
rail passenger accidents.
``Sec. 25101. Plans to address needs of families of passengers involved
in rail passenger accidents
``(a) Submission of Plans.--Not later than 6 months after the date of
the enactment of this section, each rail passenger carrier shall submit
to the Secretary of Transportation and the Chairman of the National
Transportation Safety Board a plan for addressing the needs of the
families of passengers involved in any rail passenger accident
involving a train of the rail passenger carrier and resulting in a
major loss of life.
``(b) Contents of Plans.--A plan to be submitted by a rail passenger
carrier under subsection (a) shall include, at a minimum, the
following:
``(1) A plan for publicizing a reliable, toll-free telephone
number, and for providing staff, to handle calls from the
families of the passengers.
``(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.
``(3) An assurance that the notice described in paragraph (2)
will be provided 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) and, to the extent practicable,
in person.
``(4) An assurance that the rail passenger carrier will
provide to the director of family support services designated
for the accident under section 1139(a)(1) of this title, and to
the organization designated for the accident under section
1139(a)(2) of this title, 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.
``(5) An assurance that 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.
``(6) An assurance that if requested by the family of a
passenger, any possession of the passenger within the control
of the rail passenger carrier (regardless of its condition)
will be returned to the family unless the possession is needed
for the accident investigation or any criminal investigation.
``(7) An assurance that any unclaimed possession of a
passenger within the control of the rail passenger carrier will
be retained by the rail passenger carrier for at least 18
months.
``(8) 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.
``(9) An assurance that the treatment of the families of
nonrevenue passengers will be the same as the treatment of the
families of revenue passengers.
``(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.
``(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.
``(12) An assurance that the rail passenger carrier will
assist the family of a passenger in traveling to the location
of the accident and provide for the physical care of the family
while the family is staying at such location.
``(13) An assurance that the rail passenger carrier will
commit sufficient resources to carry out the plan.
``(14) 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.
``(15) 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.
``(c) 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.
``(d) Definitions.--In this section--
``(1) the terms `rail passenger accident' and `rail passenger
carrier' have the meanings such terms have in section 1139 of
this title; and
``(2) the term `passenger' means a person aboard a rail
passenger carrier's train that is involved in a rail passenger
accident.
``(e) 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.''.
(b) Conforming Amendment.--The table of chapters for subtitle V of
title 49, United States Code, is amended by adding after the item
relating to chapter 249 the following new item:
``251. FAMILY ASSISTANCE.................................... 25101''.
SEC. 704. ESTABLISHMENT OF TASK FORCE.
(a) Establishment.--The Secretary of Transportation, in cooperation
with the National Transportation Safety Board, organizations
potentially designated under section 1139(a)(2) of title 49, United
States Code, rail passenger carriers, and families which have been
involved in rail accidents, shall establish a task force consisting of
representatives of such entities and families, representatives of
passenger rail carrier employees, and representatives of such other
entities as the Secretary considers appropriate.
(b) Model Plan and Recommendations.--The task force established
pursuant to subsection (a) shall develop--
(1) a model plan to assist passenger rail carriers in
responding to passenger rail accidents;
(2) recommendations on methods to improve the timeliness of
the notification provided by passenger rail carriers to the
families of passengers involved in a passenger rail accident;
(3) recommendations on methods to ensure that the families of
passengers involved in a passenger rail accident who are not
citizens of the United States receive appropriate assistance;
and
(4) recommendations on methods to ensure that emergency
services personnel have as immediate and accurate a count of
the number of passengers on board the train as possible.
(c) Report.--Not later than 1 year after the date of the enactment of
this Act, the Secretary shall transmit to Congress a report containing
the model plan and recommendations developed by the task force under
subsection (b).
Purpose of the Legislation
H.R. 2095 reauthorizes the Federal Railroad Administration
and establishes safety measures to prevent railroad fatalities,
injuries, and hazardous materials releases.
Background and Need for Legislation
The Subcommittee on Railroads, Pipelines, and Hazardous
Materials has jurisdiction over rail safety and programs
administered by the Federal Railroad Administration (``FRA'').
The FRA is one of 10 modal agencies within the U.S. Department
of Transportation (``DOT''). It was created in 1966 by the
Department of Transportation Act, when all safety
responsibilities of the Interstate Commerce Commission were
transferred to the DOT.
The FRA's safety responsibilities were further enhanced by
the Federal Railroad Safety Act of 1970, the Federal Railroad
Safety Authorization Act of 1973, the Federal Railroad Safety
and Hazardous Materials Transportation Amendments of 1974, the
Federal Railroad Safety Authorization Act of 1976, the Federal
Railroad Safety Amendments Act of 1978, the Federal Railroad
Safety Authorization Act of 1980, the Railroad Safety and
Service Improvement Act of 1982, the Rail Safety Improvement
Act of 1988, the Railroad Safety Enforcement and Review Act of
1991, and the Federal Railroad Safety Authorization Act of
1994.
One of the main responsibilities of the FRA is to
promulgate and enforce rail safety regulations. It also
conducts research and development in support of improved rail
safety. In addition, the FRA has a number of responsibilities
relating to rail security, including assessing civil and
criminal penalties for actions that impair or impede the
operation of railroad equipment.
The FRA has the authority to issue regulations and orders
pertaining to rail safety and security and to issue civil and
criminal penalties to enforce those regulations and orders.
Under current law, all laws, regulations, and orders related to
rail safety and security must be nationally uniform to the
extent practicable. A State may adopt or continue in force a
law, regulation, or order related to rail safety or security
until the Secretary of Transportation or the Secretary of
Homeland Security prescribes a regulation or issues an order
covering the subject matter of the State requirement. A State
may adopt or continue in force an additional or more stringent
law, regulation, or order only in instances where the law,
regulation, or order is necessary to eliminate or reduce an
essentially local safety or security hazard; is not
incompatible with a law, regulation, or order of the United
States Government; and does not unreasonably burden interstate
commerce.
The preemption standard has been a concern among some
states and localities that have tried to adopt regulations
requiring trains to operate at slower speeds and railroads to
re-route hazardous materials around heavily populated areas.
(The routing of trains is subject to the jurisdiction of the
Surface Transportation Board.) The preemption standard has also
been an issue for rail accident victims who are seeking relief
for injuries or damages from the railroads in court. A number
of recent Federal court decisions surprisingly reached the
conclusion that the standard does not just preempt state or
local regulations that conflict with Federal regulations, but
also preempts state tort liability law, thereby preventing the
injured parties from bringing a state suit against the carrier.
See Lundeen v. Canadian Pacific Railway. Co., __F.3d__ (No. 05-
1918, 8th Cir., May 16, 2006); Mehl v. Canadian Pacific
Railway. Ltd., (No. 4-02-cv-009, D.N.D. March 6, 2006).
Congress disagreed with the Federal court decisions related to
the Minot, North Dakota accident and adopted a provision to
clarify the intent and interpretations of the existing
preemption statute in Public Law 110-259, the ``Implementing
Recommendations of the 9/11 Commission Act of 2007'', which the
President signed into law on August 3, 2007.
P.L. 110-259 clarifies that section 20106 of title 49,
United States Code, does not preempt State law causes of action
where a party has failed to comply with the Federal standard of
care established by a regulation or order issued by the
Secretary of Transportation or the Secretary of Homeland
Security, its own plan or standard that it created pursuant to
a regulation or order issued by either of the Secretaries, or a
State law, regulation, or order that is not incompatible with
section 20106(a)(2). P.L. 110-259 also clarifies that section
20106 applies to all pending State law causes of action arising
from activities or events occurring on or after January 18,
2002, the date of the Minot, North Dakota derailment.
The FRA relies on 421 Federal safety inspectors and 160
state safety inspectors to monitor the railroads' compliance
with federally mandated safety standards. The Federal
inspectors work in eight regional offices and are divided into
five safety disciplines--Track and Structures, Signal and Train
Control, Motive Power and Equipment, Operating Practices,
Hazardous Materials, and Drug and Alcohol. They also promote
numerous initiatives under the Highway-Rail Grade Crossing and
Trespasser Prevention Programs.
Central to the success of the Federal rail safety program
is the ability to understand the nature of rail-related
accidents and to analyze trends in railroad safety. To do this,
the FRA relies heavily on information that is reported by the
railroads following accidents and incidents. Railroad accident
reports attribute more than 90 percent of grade crossing
collisions to motorists. According to the DOT Inspector General
(``Inspector General''), the FRA does not routinely review
locomotive event recorder data, police reports, and other
sources of information to determine the causes of the
collisions or the need for further investigation.
The Inspector General also found that the FRA investigated
few accidents and recommended few findings of critical safety
defects identified through inspections. The FRA investigates
two-tenths of one percent of all accidents and incidents
involving railroads. With regard to findings of violations,
from 2002 through 2004, FRA inspectors identified 7,490
critical safety defects out of 69,405 total safety defects
related to automated grade crossing warning signals. Yet, FRA
recommended only 347 critical defects, or about five percent,
for findings of violations that carry a fine. According to the
Inspector General, the FRA's policy of inspectors using their
discretion in deciding whether to recommend a violation has
resulted in the small number of critical defects recommended
for violations. Furthermore, after violations are determined,
Federal law allows the FRA to negotiate-down the amount of
civil penalties proposed, resulting in the collection of lower
penalties, despite the many critical safety defects found.
Over the past 30 years, the number of train accidents has
been reduced significantly. Since 1978, there has been a 71
percent decline in train accidents. Total rail-related
fatalities declined 46 percent and total employee cases (fatal
and nonfatal) have dropped 91 percent. According to the Bureau
of Labor Statistics, the rail industry is currently rated safer
than trucking, construction, and aviation.
However, in recent years, the total number of train
accidents has increased significantly. Since the FRA was last
reauthorized in 1994, the total number of train accidents,
including collisions and derailments, increased from 2,504 in
1994 to 3,325 in 2005. In 2006, the number of train accidents
decreased to 2,835. Although train accidents declined in 2006,
it is unclear if this one-year progress will be sustained.
In addition, serious accidents continue to occur. On
January 6, 2005, Norfolk Southern train 192 traveling through
Graniteville, South Carolina, encountered an improperly lined
switch that diverted the train from the main line on to an
industry track, where it struck an unoccupied, parked train
(P22). The collision derailed both locomotives and 16 of the 42
freight cars of train 192, as well as the locomotive and one of
the two cars of train P22. Among the derailed cars from train
192 were three tank cars containing chlorine, one of which was
breached, releasing chlorine gas. The train engineer and eight
other people died as a result of chlorine gas inhalation. About
554 people complaining of respiratory difficulties were taken
to local hospitals. Of these people, 75 were admitted for
treatment. Because of the chlorine release, about 5,400 people
within a one-mile radius of the derailment site were evacuated
for several days. Total damages exceeded $6.9 million.
On June 28, 2004, a westbound Union Pacific (``UP'') train
traveling on the same main line track as an eastbound BNSF
train near Macdona, Texas, struck the midpoint of the 123-car
BNSF train as it was leaving the main line to enter a parallel
siding. The collision derailed four locomotive units and the
first 19 cars of the UP train as well as 17 cars of the BNSF
train. As a result of the derailment, the sixteenth car of the
UP train, a pressure tank car loaded with liquefied chlorine,
ruptured. Chlorine escaping from the punctured car immediately
vaporized into a cloud of chlorine gas that engulfed the
accident area to a radius of 700 feet. Three people died,
including the conductor of the UP train and two local
residents, as a result of chlorine gas inhalation. The UP
engineer, 23 civilians, and six emergency responders were
treated for respiratory distress and other injuries.
On January 18, 2002, a Canadian Pacific freight train
derailed 31 of its 112 cars about one-half mile west of the
city limits of Minot, North Dakota. Five tank cars carrying
anhydrous ammonia, a liquefied compressed gas, catastrophically
ruptured, and a vapor plume covered the derailment site and
surrounding area. One resident was fatally injured, 11 people
sustained serious injuries, and 322 people, including the two
train crewmembers, sustained minor injuries. Damages exceeded
$2 million, and more than $8 million has been spent for
environmental remediation.
HUMAN FACTORS AND FATIGUE
Human factors are responsible for nearly 40 percent of all
train accidents, and the FRA reports that fatigue plays a role
in approximately one of four accidents caused by human factors.
The National Transportation Safety Board's (``NTSB'') in-depth
investigations of accidents have also demonstrated that fatigue
is a major factor in transportation accidents. According to the
NTSB, ``the current railroad hours-of-service laws permit, and
many railroad carriers require, the most burdensome fatigue-
inducing work schedule of any federally-regulated
transportation mode in this country.''
A commercial airline pilot (part 121) can work up to 100
hours per month; a commercial airline pilot (part 135) can work
up to 120 hours per month; shipboard personnel (ocean going)
can work up to 360 hours per month; and a truck driver can be
on-duty up to 350 hours per month. Meanwhile, train crews can
operate a train up to 432 hours per month. That equates to more
than 14 hours a day for each of those 30 days.
On numerous occasions, the NTSB has recommended that the
FRA establish within two years scientifically based hours-of-
service regulations that set limits on hours-of-service,
provide predictable work and rest schedules, and consider
circadian rhythms and human sleep and rest requirements.
However, the FRA is the only modal administration within DOT
that has hours-of-service standards mandated by statute and,
therefore, may not be adjusted or modified by administrative
procedures.
The Hours of Service Act was first enacted in 1907; it was
last substantially amended in 1969. Since that time, a number
of serious train accidents have occurred as a result of
operator fatigue. One of the issues of concern relating to
fatigue is ``limbo time''. Limbo time is a term used to
describe the period of time when a train operating crew's
hours-of-service has expired, but the crew has not yet arrived
at their point of final release, which is the off-duty location
or terminal point where the crew can go home or obtain food and
lodging at an away-from-home terminal. Limbo time also accrues
for train operating crews whose trains are stopped on a line of
track, frequently due to the expiration of their 12-hour on-
duty time limit, before they reach their destination terminal
(point of final release). Limbo time accrues from the time the
train is stopped until the crew arrives at the final release
point, and includes time spent in transportation to their final
release point, as well as time spent waiting for transportation
to pick them up from their train.
During limbo-time, crew members are required to stay awake,
alert, and able to respond to any situation and follow the
railroad's operating rules. Although current law does not
classify limbo time as either on-duty or off-duty time, any
required minimum rest period does not begin until the limbo
time period ends. Limbo time can and has kept railroad
operating crews effectively on-duty for significantly more than
the 12-hour on-duty time limit. For instance, in the 2004
Macdona, Texas train accident, the UP engineer worked for 22
hours (12 hours on-duty and 10 hours of limbo time).
As a result of that accident, the NTSB concluded, ``[t]he
minimum rest periods prescribed by Federal regulations do not
take into account either rotating work schedules or the
accumulated hours spent working and in limbo time, both of
which can affect the ability of an employee to obtain full rest
and recuperation between job assignments.'' The NTSB
recommended that the FRA require railroads to use
scientifically based principles when assigning work schedules
for train crew members, which consider factors that impact
sleep needs, to reduce the effects of fatigue and establish
requirements that limit train crewmember limbo time to address
fatigue.
The NTSB also stated that it ``remains concerned about the
safety of railroad operations where backup systems are not
available to intervene when, as in this accident, a train crew
operates a train improperly or fails to comply with wayside
signals. NTSB accident investigations over the past three
decades have shown that the most effective way to prevent
train-to-train collisions is through the use of a positive
train control (``PTC'') system that will automatically assume
some control of a train when the train crew does not comply
with signal indications.''
Over the years, the NTSB has issued a series of
recommendations on PTC. In fact, PTC has remained on the
Board's Most Wanted Transportation Safety Improvements list
since 1990. The NTSB concluded that the Macdona, Texas,
accident is ``another in a long series of railroad accidents
that could have been prevented had there been a PTC system in
place at the accident location.''
TRACK-RELATED ACCIDENTS
In 2006, defective track was the leading cause of all train
accidents. Prior to 2006, it was either the leading or second
leading cause of all train accidents. A series of recent high-
profile accidents have called into question the adequacy of
track safety regulations, the railroads' track inspection and
maintenance programs, and the FRA's oversight of those
programs.
On March 12, 2007, a CSX train derailed in Oneida, New
York. The cause was defective track. It was one of a series of
accidents in Upstate New York, and the FRA launched a rail
inspection project to check 1,300 miles of CSX track across New
York State for flaws that might lead to a train derailment. On
April 18, 2007, the FRA announced that it had found 78 track
defects and one serious violation during the audit. The FRA's
ongoing review of rail safety in New York has now been expanded
to other railroads.
On April 3, 2005, a westbound Amtrak train derailed on
BNSF's tracks in Home Valley, Washington. Thirty passengers
sustained minor injuries; 14 of those people were taken to
local hospitals. Track and equipment damages, in addition to
clearing costs associated with the accident, totaled about
$854,000. The NTSB determined that the cause of the accident
was BNSF's inadequate response to multiple reports of rough
track conditions that were subsequently attributed to excessive
concrete crosstie abrasion, which allowed the outer rail to
rotate outward and create a wide-gage track condition.
Contributing to the accident was the FRA's failure to provide
adequate track safety standards for concrete crossties.
On April 6, 2004, an Amtrak train derailed on Canadian
National-owned and maintained track near Flora, Mississippi.
The entire train derailed, including one locomotive, one
baggage car, and eight passenger cars. The derailment resulted
in one fatality, three serious injuries, and 43 minor injuries.
The equipment costs associated with the accident totaled about
$7 million. In its Railroad Accident Report, the NTSB
determined that the probable cause of the accident was ``the
failure of the Canadian National Railway Company to properly
maintain and inspect its track, resulting in rail shift and the
subsequent derailment of the train, and the Federal Railroad
Administration's ineffective oversight to ensure proper
maintenance of the track by the railroad.''
On October 16, 2004, a UP freight train derailed three
locomotives and 11 cars near Pico Rivera, California. Small
amounts of hazardous materials were released from the
transported cargo. There were no injuries to area residents,
the train crew, or the emergency response personnel. UP
estimated the monetary damage at $2.7 million. In its Railroad
Accident Report, the NTSB determined ``that the probable cause
of the derailment was the failure of a pair of insulated joint
bars due to fatigue cracking. Contributing to the accident was
the lack of an adequate on-the-ground inspection program for
identifying cracks in rail joint bars before they grow to
critical size.''
On January 18, 2002, a Canadian Pacific freight train
derailed 31 of its 112 cars near Minot, North Dakota. Five tank
cars carrying anhydrous ammonia, a liquefied compressed gas,
catastrophically ruptured, and a vapor plume covered the
derailment site and surrounding area. About 11,600 people that
occupied the area were affected by the vapor plume. One
resident was fatally injured, and 60 to 65 residents of the
neighborhood nearest the derailment site were rescued. As a
result of the accident, 11 people sustained serious injuries,
and 322 people, including the two train crew members, sustained
major injuries. Damages exceeded $2 million, and more than $8
million has been spent in environmental remediation.
In its Railroad Accident Report, the NTSB determined that
the probable cause of the derailment was ``an ineffective
Canadian Pacific Railway inspection and maintenance program
that did not identify and replace cracked joint bars before
they completely fractured and led to the breaking of the rail
at the joint.'' The NTSB also found that the FRA's requirements
regarding rail joint bars in continuous welded rail (``CWR'')
were ineffective and that the FRA's oversight of Canadian
Pacific's CWR program was ineffective, because the FRA neither
reviewed the CWR program nor ensured that its track inspectors
had copies of the CWR programs to determine if the railroad was
in compliance with it.
On March 17, 2001, a westbound Amtrak train traveling on
BNSF tracks derailed near Nodaway, Iowa. As a result of the
derailment, one person died and 77 people were injured. The
NTSB determined that the probable cause of the derailment of
the Amtrak train was the failure of the rail beneath the train,
due to undetected internal defects. BNSF had failed to inspect
the rail that it used to replace a defective rail. The
replacement rail was also defective. According to the NTSB,
contributing to the accident was the BNSF's lack of a
comprehensive method for ensuring that replacement rail is free
from internal defects.
GRADE-CROSSING ACCIDENTS
There are 243,016 grade crossings in the United States, of
which 149,628 (62 percent) are public crossings. Of these
public crossings, 63,387 (42 percent) have automatic warning
devices.
Since the FRA was reauthorized in 1994, significant
progress has been made in reducing collisions and fatalities at
grade crossings. From 1994 to 2006, total train miles traveled
in the United States increased from 655 million miles to 810
million miles, and the total miles traveled by motor vehicle
increased from 2.3 trillion miles to 2.9 trillion miles. During
the same period, collisions at the nation's grade crossings
have decreased from 4,979 in 1994 to 2,908 in 2006. Fatalities
have also decreased from 615 in 1994 to 366 in 2006, and
injuries have decreased from 1,961 to 1,006 during the same
period.
The Inspector General reports that this significant
decrease was attributable to DOT addressing much of the ``low-
hanging fruit''; that is, working with the States and railroads
to close grade crossings, install automatic gates and flashing
lights at public crossings with a high probability for
collisions, and educate the public about crossing safety. DOT
also made progress in implementing safety initiatives included
in its 1994 Grade Crossing Safety Action Plan.
Recent audit reports of the Inspector General, however,
show that DOT can do more to improve grade crossing safety. The
audits were requested by Chairman Oberstar, Subcommittee on
Railroads, Pipelines, and Hazardous Materials Chairwoman Brown,
and former Senator Hollings in response to a series of New York
Times articles that alleged problems with railroad accident
reporting, investigations at grade crossings, and several other
safety issues.
The Inspector General found that railroads failed to report
21 percent of reportable grade-crossing collisions to the
National Response Center (``NRC''). Railroads are required to
report grade-crossing collisions involving fatalities and/or
multiple injuries to passengers or train crew members, and
fatalities to motorists or pedestrians involved in grade-
crossing collisions to the NRC. Pursuant to FRA regulations,
railroads are required to report accidents within two hours.
Immediate reporting allows the Federal Government to decide
whether or not to conduct an investigation shortly after a
grade-crossing collision has occurred. The Inspector General's
analysis showed that 115 of 543 (21 percent) reportable grade-
crossing collisions that occurred between May 1, 2003, and
December 31, 2004, were not reported to the NRC as required by
FRA regulations. Although the 115 unreported grade-crossing
collisions, which resulted in 116 fatalities, were reported to
the FRA within 30 to 60 days after the collision, the delayed
reporting did not allow Federal authorities to promptly decide
whether or not to conduct an investigation immediately after an
accident. In July 2004, the FRA began reconciling its database
with the NRC to identify unreported accidents. In March 2005,
it began issuing findings of violations to railroads failing to
follow reporting requirements.
The Inspector General also found that the Federal
Government investigated only a small number of grade-crossing
collisions and needs to collect and analyze independent
information on all grade-crossing collisions. From 2000 through
2004, the FRA investigated 47 of 376 (13 percent) of the most
serious grade-crossing collisions that occurred--those
collisions resulting in three or more fatalities and/or severe
injuries. No Federal investigations were conducted for the
remaining 329 grade-crossing collisions. Those collisions
resulted in 159 fatalities and 1,024 injuries. FRA officials
stated that the NTSB is the lead Federal agency responsible for
investigating railroad accidents, not the FRA. However, the
NTSB tends to investigate only high-profile, grade-crossing
collisions. For example, from 2000 though 2004, the NTSB
conducted seven grade-crossing collision investigations.
Consequently, the Federal Government did not independently
investigate most grade-crossing collisions, but rather received
information concerning the causes of collisions almost
exclusively from the railroads.
The railroads' grade-crossing accident reports attributed
more than 90 percent of the collisions that occurred from 2000
through 2004 to motorists, but the FRA did not conduct its own
investigations to verify the causes. Independently collecting
and analyzing information about grade-crossing collisions would
substantially improve the FRA's ability to determine the causes
of grade-crossing collisions and better target collisions that
should be investigated further. The collection and analysis of
this information is especially important given the limited
resources of the FRA's inspection staff. Nationwide, 55 of 421
FRA inspectors are assigned to inspect the 63,387 warning
signal systems at grade crossings.
The small number of FRA inspectors, combined with the
extensiveness of the U.S. railroad system, limits the FRA's
ability to investigate each accident or incident and inspect
each railroad and mile of track. In 2004, the Federal Aviation
Administration (``FAA'') conducted on-site investigations of
1,392, or 93 percent, of the 1,484 general aviation accidents
that the FAA had responsibility for investigating in 2004.
Unlike the FRA, however, the FAA has an Office of Accident
Investigations staffed with eight full-time investigators whose
mission is to detect unsafe conditions and trends and to
coordinate the process for corrective actions. In addition, the
FAA uses personnel from other disciplines to conduct
investigations, including 2,989 inspectors from its Office of
Aviation Safety.
The Inspector General also found that the FRA investigated
few accidents and recommended few findings of violations for
critical safety defects identified through inspections.
According to the Government Accountability Office, the FRA
investigates two-tenths of one percent of all railroad
operations. From 2002 through 2004, for example, FRA inspectors
identified 7,490 critical safety defects out of 69,405 total
safety defects related to automated grade crossing warning
signals. Yet, FRA recommended only 347 critical defects, or
about five percent, for findings of violations that carry a
fine. According to the Inspector General, the FRA's policy of
inspectors using their discretion in deciding whether to
recommend a violation has resulted in a small number of
critical defects recommended for violations. Furthermore, after
violations are determined, Federal law allows the FRA to
negotiate-down the amount of civil penalties proposed,
resulting in the collection of lower penalties, despite the
many critical safety defects found. According to the Inspector
General, on average, the FRA settles fines with the railroad at
about 60 cents on the dollar.
Finally, the Inspector General found that the FRA needed to
do more to improve grade-crossing safety by addressing sight
obstructions, including overgrown vegetation, permanent and
temporary structures, and standing railroad equipment, that
block highway users' view of approaching trains. Of the 15,416
grade-crossing reports submitted by the railroads from 2001
through 2005, 689 reports documented a sight obstruction. These
689 collisions resulted in 87 fatalities and 242 injuries.
Nationwide, there are nearly 76,000 public grade crossings
that are not protected with automated warning devices. In
coming years, many of these crossings will require the
installation of warning devices as rail and highway traffic
volumes increase. In addition, crossings currently equipped
with warning lights may require the installation of crossing
gates. This need is highlighted by an accident with multiple
fatalities which occurred on Easter 2007. Three teenage
students died when their car was struck by a freight train at a
railroad crossing in Excelsior Springs, Missouri. The crossing
was equipped with flashing warning signal lights, but no
crossing gates.
Currently, FRA regulations require the railroads to address
vegetation growth at these public grade crossings. Some states
have passed more stringent laws or issued more stringent
regulations that address vegetation and other sight
obstructions at grade crossings, but the FRA has no assurance
that overgrown vegetation and sight obstructions are addressed
in States that lack such laws.
Summary of the Legislation
Section 1. Short title; table of contents
This section designates the title of the Act as the
``Federal Railroad Safety Improvement Act of 2007''.
Section 2. Definitions
This section states that, for purposes of this Act, the
terms ``railroad'' and ``railroad carrier'' have the meaning
given those terms in section 20102 of title 49, United States
Code.
Title I. Federal Railroad Safety Administration
Section 101. Establishment of Federal Railroad Safety Administration
This section amends section 103 of title 49, United States
Code, to reestablish the Federal Railroad Administration as the
Federal Railroad Safety Administration.
This section also directs the Administration to consider
the assignment of 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. In addition, this section
directs the Administration to have an Associate Administrator
for Rail Safety appointed in the competitive service by the
Secretary. The Associate Administrator shall be the Chief
Safety Officer of the Administration, and shall carry out the
duties and powers prescribed by the Administrator.
Section 102. Railroad safety strategy
This section requires the Secretary of Transportation to
develop a long-term strategy for improving rail safety, which
must include an annual plan and schedules for reducing the
number and rates of accidents, injuries, and fatalities
involving railroads; improving the consistency and
effectiveness of enforcement and compliance programs;
identifying and targeting enforcement at, and safety
improvements to, high-risk highway-rail grade crossings; and
improving research efforts to enhance and promote railroad
safety and performance. The strategy and annual plans must
include estimates of the funds and staff resources needed to
accomplish each activity, and be submitted to Congress at the
same time as the President's budget submission.
Subsection (d) requires the Secretary and the Administrator
of the Federal Railroad Safety Administration, no less
frequently than semiannually, to assess the progress of the
Administration toward achieving each of the strategic goals
described above. An annual report must be submitted to Congress
on the performance of the Federal Railroad Safety
Administration relative to the goals of the railroad safety
strategy and annual plans.
Section 103. Reports
This section requires the Inspector General of the
Department of Transportation to submit to the Secretary of
Transportation and the Administrator of the Federal Railroad
Safety Administration, within 30 days of the date of enactment,
a report containing a list of each statutory mandate regarding
railroad safety that has not been implemented and a list of
each open safety recommendation made by the National
Transportation Safety Board or the Inspector General regarding
railroad safety.
Subsection (b)(1) requires the Secretary, not later than 90
days after the date of enactment, and every 180 days thereafter
until each of the mandates has been implemented, to transmit to
Congress a report on the specific actions taken to implement
such mandates.
Subsection (b)(2) requires the Secretary, not later than
January 1 of each year, to 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 each open
safety recommendation made by the National Transportation
Safety Board or the Inspector General regarding railroad
safety, a copy of the Department of Transportation's response
to each of the recommendations, and a progress report on
implementing such recommendations.
Section 104. Rulemaking process
This section prohibits the Secretary from issuing a rule or
order that 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
that reference is to a particular code, rule, standard,
requirement, or practice adopted before the date on which the
rule is issued by the Secretary, and unless the date on which
the code, rule, standard, requirement, or practices was adopted
is specifically cited in the rule.
Section 105. Authorization of appropriations
This section amends section 20117 of title 49, United
States Code, to authorize to be appropriated a total of $1.12
billion for fiscal years 2008 through 2011 to the Secretary to
carry out his or her rail safety responsibilities. With amounts
appropriated, the Secretary is directed to purchase six Gage
Restraint Measurement System vehicles and five track geometry
vehicles to enable the deployment of one Gage Restraint
Measurement System vehicle and one track geometry vehicle in
each region. In addition, $18 million is authorized to be
appropriated to the Secretary 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 training scenario for training
emergency responders. Funding is also authorized to be
appropriated to the Secretary for rail security personnel in
regional offices and in Washington, DC.
Title II. Employee Fatigue
Section 201. Hours-of-service reform
The Committee has received testimony on the importance of
strengthening hours-of-service standards for railroad workers
and mitigating fatigue. The Committee has also received
testimony on the importance of eliminating limbo time.
The NTSB, following a recent investigation of a train
accident in Macdona, Texas, recommended that the FRA limit
train crewmember limbo time to address fatigue. The NTSB
investigation found that in June 2004, the month of the
accident, ``the Union Pacific engineer worked at least part of
22 days and that his time on duty ranged from nine hours to
more than 18 hours. Eleven of his work days were longer than 14
hours, with one day totaling 22 hours (12 hours on-duty and 10
hours of limbo time).''
According to the accident report, the NTSB was concerned
that, ``because minimum rest periods prescribed under the hours
of service regulations do not take limbo time into account,
such time could have cumulative detrimental effects on
crewmember fatigue.''
The NTSB concluded that limbo time, which is limited
neither by Federal regulation nor railroad operating rules,
could be a factor in crewmember fatigue in that required rest
periods do not take into account the extended hours of
wakefulness before the rest period begins. The NTSB stated:
``The combination of erratic work schedules and excess limbo
time would be expected to have a detrimental impact on
crewmember fatigue * * *.''
This section seeks to strengthen the hours-of-service
standards for signal and train employees by providing them with
at least 10 consecutive hours of undisturbed rest during a
period of 24 hours; prohibiting them from working in excess of
12 consecutive hours; and requiring railroad carriers and
railroad contractors to provide such employees with at least
one period of at least 24 consecutive hours off duty in a
period of seven consecutive days. The Secretary is authorized
to waive this last requirement if a collective bargaining
agreement provides a different arrangement and such arrangement
provides an equivalent level of safety.
Subsection (a) extends hours-of-service standards to
railroad contractors who are engaged in installing, repairing,
or maintaining signal systems.
Subsection (b) clarifies that up to one hour of time spent
returning from a final trouble call of a period of continuous
or broken service is time off duty, and limits the number of
days a signal employee can exceed the 12-hour limit on hours of
service for emergencies to no more than three days during a
period of seven consecutive days. This standard is consistent
with dispatcher limits. The subsection further prohibits signal
employees from exceeding the 12-hour limit on hours of service
to conduct routine repairs, routine maintenance, or routine
inspection of signal systems. A signal employee is only
permitted to exceed the hours-of-service limits for no more
than four additional hours in a period of 24 consecutive hours
when a true emergency exists and the work of that employee is
related to the emergency. The subsection also provides that the
hours of service, duty hours, and rest periods of signal
employees shall be governed exclusively by Chapter 201. 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 Safety Administration.
Subsection (c) eliminates limbo time by providing that all
time spent in deadhead transportation to a duty assignment, all
time spent waiting for deadhead transportation, and all time
spent in deadhead transportation from a duty assignment to a
place of final release is time on duty, with some exceptions.
The subsection allows limbo time in situations involving delays
in the operations of a railroad carrier, when the delays were
caused by a casualty, an accident, a track obstruction, an act
of God, a weather event causing a delay, a snowstorm, a
landslide, a track or bridge washout, a derailment, a major
equipment failure which prevents a train from advancing, or
other delay from a cause unknown or unforeseeable to a railroad
carrier and its officers and agents in charge of the employee
when the employee left a designated terminal. In addition to
these exceptions, the subsection allows the carriers to use up
to 40 hours a month in limbo time per employee during the first
authorization year; 30 hours a month during the second
authorization year; and 10 hours a month thereafter. The
subsection also requires reporting of railroad use of limbo
time which results in total work time of more than 12 hours and
requires additional rest equal to all time in limbo in excess
of 12 hours.
Section 202. Employee sleeping quarters
This section amends Section 21106 of title 49, United
States Code, to prohibit railroad carriers from providing
sleeping quarters through the use of camp cars, as defined in
Appendix C to part 228 of title 49 of the Code of Federal
Regulations, for employees and any individuals employed to
maintain the right-of-way of a railroad carrier. This
prohibition is effective 12 months after the date of enactment.
Section 203. Fatigue management plans
This section requires all railroads to submit to the
Secretary for review and approval a fatigue management plan
that is designed to reduce the fatigue experienced by railroad
employees and to reduce the likelihood of accidents and
injuries caused by fatigue.
Section 204. Regulatory authority
This section authorizes the Secretary of Transportation to
issue regulations 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 Chapter 201 of title 49,
United States Code, or to increase the minimum hours an
employee may be required or allowed to rest to a level greater
than the level established under that chapter. The regulations
must be based on scientific and medical research.
Section 205. Conforming amendment
This section amends section 21303 of title 49, United
States Code, to clarify that a railroad carrier is deemed to
know the acts of its managers, supervisors, officers, and
agents in any proceeding dealing with a violation of Chapter
211.
Title III. Protection of Employees and Witnesses
Section 301. Employee protections
This section amends section 20109 of title 49, United
States Code, to strengthen existing whistleblower protections
for railroad workers. It replaces the existing process for
filing a petition for relief with the National Mediation Board
with a process for filing such petitions with the Secretary of
Labor, which is consistent with the whistleblower process for
other transportation workers, including aviation personnel and
drivers of commercial motor vehicles. The section provides that
if the Secretary of Labor has not issued a final decision
within 180 days after the filing of the complaint, the employee
may bring an original action at law or equity for de novo
review in the appropriate district court of the United States.
An employee prevailing in any action under this section shall
be entitled to all relief necessary to make the covered
individual whole, which shall include reinstatement with the
same seniority status that the covered individual would have
had, but for the discrimination; the amount of any back pay,
with interest; and compensation for any special damages
sustained as a result of the discrimination, including
litigation costs, expert witness fees, and reasonable attorney
fees. Relief may also include punitive damages in an amount not
to exceed ten times the amount of any compensatory damages
awarded.
Title IV. Grade Crossings
Section 401. Toll-free number to report grade crossing problems
This section amends section 20152 of title 49, United
States Code, to require the Secretary of Transportation, within
18 months of the date of enactment, to require each railroad
carrier to establish and maintain a toll-free telephone service
for rights-of-way over which it dispatches trains for the
purpose of receiving calls reporting malfunctions of signals,
crossing gates, and other devices and disabled vehicles
blocking railroad tracks at grade crossings. Upon receiving a
report, the railroad carrier is required to immediately contact
trains operating near the grade crossing to warn the crews of
the malfunction or disabled vehicle and then 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
appropriate to responding to the hazardous circumstance. The
toll-free telephone number, an explanation of the purpose of
the number, and the grade crossing number assigned to the
particular crossing must be placed on signs at each grade
crossing and be visible to the public.
Section 402. Roadway user sight distance at highway-rail grade
crossings
This section adds section 20156 to title 49, United States
Code. Subsection (a) of section 20156 requires the Secretary to
prescribe regulations that require each railroad carrier to
remove from its rights-of-way at all public highway-rail grade
crossings, and at all private highway-rail grade crossings open
to unrestricted public access, grass, brush, shrubbery, trees,
and other vegetation which may obstruct the view of a
pedestrian or a vehicle operator, and to maintain its rights-
of-way at all such crossings free of such vegetation.
Subsection (b) of section 20156 allows the Secretary to
make allowances for preserving trees and other ornamental or
protective growth where State or local law or policy would
otherwise protect the vegetation from removal and where the
roadway authority or private-crossing holder takes appropriate
temporary or permanent action to abate the hazard to roadway
users.
Subsection (c) of section 20156 authorizes States to
continue in force, or enact, a law, regulation, or order
requiring the removal of obstructive vegetation from a railroad
right-of-way for safety reasons that is more stringent than the
requirements of the regulations prescribed by the Secretary.
Subsection (d) of section 20156 requires the Secretary to
develop and make available to States model legislation that
addresses sight obstructions at grade crossings that are
equipped solely with passive warnings, such as permanent
structures, temporary structures, and standing railroad
equipment, as recommended by the Inspector General of the
Department of Transportation in Report No. MH-2007-044.
Section 403. Grade crossing signal violations
This section amends section 20151 of title 49, United
States Code, to require the Secretary to develop and make
available to States model legislation providing for civil or
criminal penalties, or both, for violations of grade crossing
signals.
Section 404. National crossing inventory
This section adds section 20157 to title 49, United States
Code. Section 20157 requires railroad carriers and States to
provide information to the Secretary about grade crossings, and
to update that information on a periodic basis beginning not
later than three years after the date of enactment. The section
also authorizes the Secretary to impose civil penalties for
violations of this section.
Section 405. Accident and incident reporting
This section directs the Federal Railroad Safety
Administration to conduct an audit of each Class I railroad at
least once every two years and conduct an audit of each non-
Class I railroad at least once every five years to ensure that
all grade crossing collisions, fatalities, and injuries are
reported to the national accident database, as recommended by
the Department of Transportation's Inspector General.
Section 406. Authority to buy promotional items to improve railroad
crossing safety and prevent railroad trespass
This section amends section 20134(a) of title 49, United
States Code, to authorize the Secretary to purchase promotional
items of nominal value and distribute them to the public
without charge as part of an educational or awareness program
to improve the safety of grade crossings and to prevent
trespass on railroad rights-of-way. The Secretary is directed
to prescribe guidelines for the administration of this
authority.
Section 407. Operation Lifesaver
This section authorizes appropriations to the Federal
Railroad Safety Administration to make grants to Operation
Lifesaver to carry out a public information and education
program to help prevent railroad incidents, injuries, and
fatalities, and to improve awareness along railroad rights-of-
way and at grade crossings, and to implement a pilot program,
to be known as the Railroad Safety Public Awareness Program,
that addresses the need for targeted, sustained community
outreach on rail and grade crossing safety. The section
authorizes $1.5 million for each of fiscal years 2008 through
2011 to carry out this section.
Section 408. State action plan
This section requires the Secretary to identify on an
annual basis the top 10 States that have had the most grade
crossing collisions over the past year, and to work with each
of those States to develop a State Grade Crossing Action Plan
that identifies specific solutions for improving safety at
crossings.
Section 409. Fostering introduction of new technology to improve safety
at highway-rail grade crossings
The installation of grade-crossing warning signals and
cross-arms often costs in excess of $100,000 using current
technology. This section adds section 20165 to title 49, United
States Code. Section 20165 encourages the development of new
technology that can prevent loss of life and injuries at grade
crossings.
Title V. Enforcement
Section 501. Enforcement
This section amends section 20112 of title 49, United
States Code, to clarify that the Attorney General may bring a
civil action in a district court of the United States to: (1)
enjoin a violation of, or to enforce, this part or a railroad
safety regulation prescribed or order issued by the Secretary;
(2) collect a civil penalty imposed or an amount agreed on in
compromise under section 21301 (general railroad safety
violations), section 21302 (accidents and incident violations),
or section 21303 (hours-of-service violations) of this title;
and (3) to enforce a subpoena, request for admissions, request
for production of documents or other tangible things, or
request for testimony by deposition.
Section 502. Civil penalties
This section amends sections 21301, 21302, and 21303 of
title 49, United States Code, to increase the maximum civil
penalty for a general railroad safety violation, accident and
incident violation, and hours-of-service violation from $10,000
to $25,000. The minimum civil penalty remains $500. However,
when a grossly negligent violation or a pattern of repeated
violations has caused an imminent hazard of death or injury to
individuals, or has caused death or injury, the maximum civil
penalty is increased from $20,000 under current law to not more
than $100,000.
Section 503. Criminal penalties
This section amends section 21311 of title 49, United
States Code, to increase the maximum penalty for failing to
file an accident or incident report on time from $500 to
$2,500, and the maximum penalty for each day after the due date
from $500 to $2,500.
Section 504. Expansion of emergency order authority
This section amends section 20104 of title 49, United
States Code, to expand the authority of the Secretary to issue
emergency rules or restrictions to events causing significant
harm to the environment. Current law allows the Secretary to
issue emergency rules or restrictions in the event of death or
personal injury.
Section 505. Enforcement transparency
This section adds section 20118 to title 49, United States
Code, to require the Secretary, not later than December 31,
2007, to provide a monthly updated summary to the public of all
railroad enforcement actions taken by the Secretary of the
Federal Railroad Safety Administration, from the time a notice
commencing an enforcement action is issued until the
enforcement action is final. In each summary, the Secretary
must identify the railroad carrier or person named in the
enforcement activity, the type of alleged violation, the
penalty or penalties proposed, any changes in case status since
the previous summary, the final assessment amount of each
penalty, and the reasons for a reduction in the proposed
penalty. The Secretary must provide a mechanism by which a
railroad carrier or person named in an enforcement action may
make information, explanations, or documents it believes are
responsive to the enforcement action available to the public.
Section 506. Interfering with or hampering safety investigations
This section adds section 21312 to title 49, United States
Code, to make it unlawful for any person knowingly to interfere
with, obstruct, or hamper an investigation by the Secretary of
Transportation under section 20702 or section 20902 of title
49, or a railroad investigation by the National Transportation
Safety Board.
Section 507. Railroad radio monitoring authority
This section allows the Secretary to authorize officers,
employees, or agents of the Secretary to intercept and record
radio communications, 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 authorized for use by one or more railroad
carriers by the Federal Communications Commission and primarily
used by such railroad carriers for communications in connection
with railroad operations. Information obtained through such
monitoring and recording would not be admissible into evidence
in any administrative or judicial proceeding, with two
exceptions. First, the provision would not bar admission into
evidence of the intercepted communication in a judicial
proceeding for the prosecution of a felony under Federal or
State law. Second, the provision would not bar admission of the
intercepted communication for impeachment purposes in seven
enumerated types of railroad safety proceedings. In addition,
information is not subject to publication or disclosure, or
search or review in connection therewith, under section 552 of
title 5, United States Code.
Section 508. Inspector staffing
This section requires the Secretary to increase the total
number of positions for railroad safety inspection and
enforcement personnel at the Federal Railroad Safety
Administration so that by December 31, 2008, the total number
of such positions is at least 500, by December 31, 2009, the
total number of such positions is at least 600, by December 31,
2010, the total number of such positions is at least 700, and
by December 31, 2011, the total number of positions is at least
800. There are currently 421 Federal rail safety inspectors.
Title VI. Miscellaneous Provisions
Section 601. Positive train control systems
The Committee has received testimony on the importance of
implementing positive train control. According to the FRA, 40
percent of all train accidents are the result of human factors.
According to the NTSB, technological solutions, such as
positive train control, have great potential to reduce the
number of serious train accidents by providing safety redundant
systems to protect against such human performance failures.
Positive train control has been on the NTSB's list of most
wanted safety improvements for 17 years.
In the past 10 years alone, the NTSB has investigated 52
rail accidents, including four transit accidents, where the
installation of a positive train control system would likely
have prevented the accident. These include five serious
accidents in 2005: Graniteville, South Carolina; Anding,
Mississippi; Shepherd, Texas; Chicago, Illinois; and Texarkana,
Arkansas. These figures, however, do not include the numerous
accidents that the FRA has investigated, and which could have
been prevented, if positive train control was implemented. In
August 1999, the Railroad Safety Advisory Committee published a
report entitled Implementation of Positive Train Control
Systems. The report states that out of a select group of 6,400
accidents that occurred from 1998 through 1997, 2,659 of those
accidents could have been prevented had some form of positive
train control been implemented.
This section requires each Class I railroad, within 12
months of the date of enactment, to develop and submit to the
Secretary for review and approval a plan for implementing a
positive train control system by December 31, 2014. Such
systems must provide a safety redundancy to minimize the risk
of accidents by overriding human performance failures involving
train movements on main line tracks.
Subsection (c) requires the Secretary to require each
railroad carrier to include in its plan, at a minimum,
measurable goals, including a strategy and timeline for
implementation of such systems; a prioritization of how the
systems will be implemented, with particular emphasis on high-
risk corridors such as those that have significant movements of
hazardous materials or where commuter and intercity passenger
railroads operate; identification of detailed steps the
carriers will take to implement the systems; and any other
elements the Secretary considers appropriate.
Subsection (d) requires the Secretary to review and approve
the plan not later than 90 days after the Secretary receives
it. If the proposed plan is not approved, the Secretary must
notify the affected railroad carrier as to the specific points
in which the proposed plan is deficient, and the railroad
carrier must correct all deficiencies within 30 days following
receipt of the written notice from the Secretary.
Subsection (e) requires the Secretary to submit a report to
Congress no later than December 31, 2011, on the progress of
the railroads in implementing the systems.
Subsection (f) authorizes the Secretary to extend the date
for implementation for any Class I railroad carrier for a
period of not more than 24 months if the Secretary determines
such an extension is necessary to implement a more effective
positive train control system than would be possible by
December 31, 2014; to obtain interoperability between positive
train control systems implemented by railroad carriers; and for
the Secretary to determine that a positive train control system
meets the requirements of this section and regulations issued
by the Secretary; or to otherwise enhance safety. Not later
than 30 days after the Secretary grants an extension, the
Secretary shall publish a notice in the Federal Register that
identifies the Class I railroad carrier that is being granted
the extension, the reasons for granting the extension, and the
length of the extension.
Subsection (g) prohibits the Secretary from permitting the
installation of any positive train control system or component
unless the Secretary has first certified that such system or
component has not experienced a safety-critical failure during
prior testing and evaluation. If such a failure has occurred,
the system or component may be repaired and evaluated in
accordance with part 236 of title 49 of the Code of Federal
Regulations and may be installed when the Secretary certifies
that the factors causing the failure have been corrected and
approves the system for installation in accordance with part
236.
Section 602. Warning in nonsignaled territory
The Committee has received testimony on the importance of
preventing accidents due to misaligned switches. According to
the FRA, misaligned switches are consistently either the
leading or second leading cause of all human factor accidents.
The NTSB has investigated several accidents which resulted from
misaligned switches dating back to their investigation of an
accident in Cotula, Texas, in 1974. More recently, the NTSB
investigated the 2005 accidents in Graniteville, South
Carolina, and Shepherd, Texas, which were also caused by
misaligned switches.
With respect to the Graniteville accident, a Norfolk
Southern train, while traveling 47 mph, encountered an
improperly positioned switch that diverted the train from the
main line onto an industry track, where it struck an unoccupied
parked train. The track through Graniteville was nonsignaled
(``dark'') territory. Nine people died as a result of chlorine
gas inhalation after a tank car was punctured during the
accident. The NTSB investigation found that the improperly
lined switch had most recently been used by the crew of a local
train about eight hours before the accident. The crew had lined
the switch for an industry track in order to place two cars at
a local plant and then park their train. No crewmember
remembered relining the switch for the main line before they
boarded a taxi and returned to the terminal. The NTSB
concluded, among other things, that the switch was not visible
to the crew as they worked, leaving them without a visual
reminder to reline the switch. Further, the crew of the
oncoming train could not see that the switch was misaligned in
time to stop the train.
With respect to the Shepherd accident, a Union Pacific
train entered a siding in Shepherd, Texas, at approximately 37
mph and struck a parked train, killing one crewmember. There
were no wayside signals to govern the train movements or
protect the train from an interruption in the continuity of the
track, such as an open switch. Consequently, strict compliance
with the operating rules was necessary to protect one train
from another. The probable cause of this accident was the
failure of a previous crew to return a main track switch to the
normal position after they had secured the train on the siding
and departed the area.
In response to these accidents and similar accidents dating
back to 1974, the NTSB has repeatedly issued recommendations to
the FRA to require installation of technologies that will
capture the attention of train crews and prevent misaligned
switches. The Committee is aware that there are various forms
of such technologies.
This section adds section 20158 to title 49, United States
Code. Section 20158 requires the Secretary of Transportation,
within 12 months of the date of enactment, to prescribe
regulations that require railroads, with respect to main lines
in nonsignaled territory, to either install an automatically
activated device, in addition to the switch banner, that will,
visually or electronically, compellingly capture the attention
of the employees involved with switch operations and clearly
convey the status of the switch both in daylight and darkness
or operate trains at speeds that will allow them to be safely
stopped in advance of misaligned switches.
The Committee intends that a railroad carrier would not
have to install such automatically activated devices along main
lines in nonsignaled territory if the railroad carrier has
installed a train speed enforcement system that would stop a
train in advance of a misaligned switch in such areas or the
railroad carrier operators trains at speeds that will allow
them to be safely stopped in advance of such switches.
Section 603. Track safety
The Committee has received testimony on the importance of
strengthening track safety standards. In 2006, track-related
accidents surpassed human factors-related accidents as the
leading cause of all train accidents.
This section adds section 20159 to title 49, United States
Code. Section 20159 requires the Secretary, within 12 months of
the date of enactment, to prescribe regulations to require
railroad carriers to manage the rail in their tracks so as to
minimize accidents due to internal rail flaws. The regulations
must, at a minimum, require railroad carriers to conduct
ultrasonic or other appropriate inspections to ensure that rail
used to replace defective segments of existing rail is free
from internal defects; require railroad carriers to perform
rail integrity inspections to manage an annual service failure
rate of less than 0.1 per track mile on high-risk corridors,
such as those that have significant movements of hazardous
materials or where commuter and intercity passenger railroads
operate; and encourage railroad use of advanced rail defect
inspection equipment and similar technologies as part of a
comprehensive rail inspection program. This section also
requires the Secretary, within 18 months of the date of
enactment, to develop and implement regulations for all classes
of track for concrete rail ties that address, at a minimum,
limits for rail seat abrasion; concrete crosstie pad wear
limits; missing or broken rail fasteners; loss of appropriate
toeload pressure; improper fastener configurations; and
excessive lateral rail movement.
Section 604. Certification of conductors
This section adds section 20160 to title 49, United States
Code. Section 20160 requires the Secretary, within 18 months of
the date of enactment, to prescribe regulations and issue
orders to establish a program requiring the certification of
train conductors. In prescribing such regulations, the
Secretary must require that conductors on passenger trains be
trained in security, first aid, and emergency preparedness.
Section 605. Minimum training standards
This section adds section 20161 to title 49, United States
Code. Section 20161 requires the Secretary, within 180 days of
enactment, to establish minimum training standards for each
class and craft of railroad employees and develop a minimum
training curriculum, and ongoing training criteria, testing,
and skills evaluation measures to ensure that railroad
employees charged with the inspection of track or railroad
equipment are qualified to assess railroad compliance with
Federal standards to identify defective conditions and
initiative immediate remedial action to correct critical safety
defects that are known to contribute to derailments, accidents,
or injury. The section also requires railroad carriers to
submit their training and qualification programs to the Federal
Railroad Safety Administration for review and approval.
Section 606. Prompt medical attention
This section adds section 20162 to title 49, United States
Code. Section 20162 prohibits a railroad carrier from denying,
delaying, or interfering 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 must promptly arrange to have the injured employee
transported to the nearest medically appropriate hospital. This
section further prohibits a railroad carrier from disciplining,
or threatening to discipline, an employee for requesting
medical or first aid treatment, or for following orders or a
treatment plan of a treating physician. For purposes of this
section, ``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.
Section 607. Emergency escape breathing apparatus
This section adds section 20163 to title 49, United States
Code. Section 20163 requires the Secretary, within 18 months of
enactment, to prescribe regulations that require the railroads
to provide emergency breathing apparatus for all crewmembers on
freight trains carrying hazardous materials that would pose an
inhalation hazard in the event of unintentional release and to
provide such crewmembers with appropriate training for using
the breathing apparatus.
Section 608. Locomotive cab environment
This section requires the Secretary, within 12 months of
the date of enactment, to transmit a report to Congress on the
effects of the locomotive cab environment on the safety,
health, and performance of train crews.
Section 609. Tunnel information
This section requires each railroad carrier, with respect
to each of its tunnels which are longer than 1,000 feet and
located under a city with a population of 400,000 or greater or
carry five or more scheduled passenger trains per day, or 500
or more carloads of Toxic Inhalation Hazardous materials per
year, to 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 tunnels, the
types of cargos typically transported through the tunnels, and
schematics or blueprints for the tunnels, when available. Upon
request, railroad carriers are also required to provide
periodic briefings to the government of the local jurisdictions
in which the tunnels are located, including updates whenever a
repair or rehabilitation project substantially alters the
methods of ingress and egress. Such governments are required to
use appropriate means to protect and restrict the distribution
of any security sensitive information provided by the railroad
carriers, consistent with national security interests.
Section 610. Railroad police
This section amends section 28101 of title 49, United
States Code, to authorize rail police officers who are employed
by a railroad carrier and certified or commissioned as police
officers under the laws of a State to enforce the laws of any
jurisdiction in which any rail carrier owns property, to the
extent of the authority of such police officers to protect
employees, passengers, or patrons of any rail carrier;
property, equipment, and facilities owned, leased, operated, or
maintained by any rail carrier; property moving in interstate
or foreign commerce in the possession of any rail carrier; and
personnel, equipment, and material moving by rail that are
vital to the national defense.
Section 611. Museum locomotive study
This section requires the Secretary of Transportation to
conduct a study of its regulations relating to safety
inspections of diesel-electric locomotives and equipment and
the safety consequences of requiring less frequent inspections
of such locomotives which are operated by museums. The study
must also include an analysis of the safety consequences of
requiring less air brake inspections of such locomotives. The
Secretary is required to transmit a report to Congress on the
results of the study within 12 months of the date of enactment.
Section 612. Certification of carmen
This section adds section 20164 to title 49, United States
Code. Section 20164 requires the Secretary, within 18 months of
the date of enactment, to prescribe regulations and issue
orders to establish a program requiring the certification of
carmen, including all employees performing mechanical
inspections, brake system inspections, or maintenance on
freight and passenger rail cars. The program shall be designed
based on the requirements of parts 215, 221, 231, 232, and 238
of title 49 of the Code of Federal Regulations.
Section 613. Train control systems deployment grants
This section requires the Secretary to establish a grant
program for the deployment of train control and component
technologies. Grants shall be made to eligible passenger and
freight railroad carriers and State and local governments for
specified projects that have public benefits of improved safety
or network efficiency. Applicants for grants are required to
file with the Secretary a train control implementation plan
that describes the overall safety and efficiency benefits of
installing the systems and the stages for implementing such
systems. The Secretary is required to give priority
consideration to applications that benefit both passenger and
freight safety and efficiency, or incentivize train control
technology deployment on high-risk corridors such as those that
have significant movements of hazardous materials or where
commuter and intercity passenger railroads operate.
Section 614. Infrastructure safety investment reports
This section requires each Class I railroad, not later than
February 15 of each year, to file a report with the Federal
Railroad Safety Administration and the Surface Transportation
Board detailing, by State, the infrastructure investments and
maintenance they have performed on their system, including but
not limited to track, locomotives, railcars, and grade
crossings, in the previous calendar year. Such reports shall be
made publicly available, and any interested party may file
comments about the reports, which also shall be made public.
Section 615. Emergency grade crossing safety improvements
On Easter 2007, three teenage girls died when their car was
struck by a freight train at a railroad grade crossing in
Excelsior Springs, Missouri. The crossing was equipped with
flashing warning signal lights, but no crossing gates.
This section requires the Secretary to establish a grant
program for State and local governments to provide emergency
grade crossing safety improvements at locations where there has
been a railroad grade crossing collision with a school bus or
collision involving three or more serious bodily injuries or
fatalities. Grants awarded shall not exceed $250,000 per
crossing.
Section 616. Clarifications regarding State law causes of action
This section amends section 20106 of title 49, United
States Code, to clarify that nothing in that section shall be
construed to preempt an action under State law seeking damages
for personal injury, death, or property damage alleging that a
party has violated the Federal standard of care established by
a regulation or order issued by the Secretary of Transportation
(with respect to railroad safety matters) or the Secretary of
Homeland Security (with respect to railroad security matters)
covering the same subject matter as provided in section
20106(a). This includes actions under State law for a party's
violation of or failure to adequately comply with its own plan,
rule, or standard that it created pursuant to a regulation or
order issued by either of the Secretaries or for a party's
failure to adequately comply with a law, regulation, or order
issued by either of the Secretaries. Actions under State law
for a violation of a State law, regulation, or order that is
not inconsistent with section 20106(a)(2) are also not
preempted. Section 20106(b)(2), as amended by this section,
clarifies that this entire section shall apply to all pending
State law causes of action arising from events or activities
occurring on or after January 18, 2002.
After the Committee ordered H.R. 2095 reported favorably to
the House on June 14, 2007, the House and Senate passed the
Conference Report on H.R. 1, the ``Implementing Recommendations
of the 9/11 Commission Act of 2007'', which addressed this
issue and clarified the intent and interpretations of the
preemption statute under current law. The President signed the
bill on August 3, 2007 (P.L. 110-259).
P.L. 110-259 clarifies that section 20106 of title 49,
United States Code, does not preempt State law causes of action
where a party has failed to comply with the Federal standard of
care established by a regulation or order issued by the
Secretary of Transportation or the Secretary of Homeland
Security, its own plan or standard that it created pursuant to
a regulation or order issued by either of the Secretaries, or a
State law, regulation, or order that is not incompatible with
section 20106(a)(2). P.L. 110-259 also clarifies that section
20106 applies to all pending State law causes of action arising
from activities or events occurring on or after January 18,
2002, the date of the Minot, North Dakota derailment. The
provision also states that nothing in section 20106 creates a
Federal cause of action on behalf of an injured party or
confers Federal question jurisdiction for such State law causes
of action.
Title VII. Rail Passenger Disaster Family Assistance
Section 701. Short title
This section designates the title of Title VII as the
``Rail Passenger Disaster Family Assistance Act of 2007''.
Section 702. Assistance by National Transportation Safety Board to
families of passengers involved in rail passenger accidents
This section adds section 1139 to title 49, United States
Code. Section 1139 requires the Chairman of the National
Transportation Safety Board, as soon as practical after being
notified of a rail passenger accident within the United States,
to (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; and (2) designate an
independent nonprofit organization, with experience in
disasters and posttrauma communication with families, which
shall have primary responsibility for coordinating the
emotional care and support of the families passengers involved
in the accident.
Section 703. Rail passenger carrier plans to address needs of families
of passengers involved in rail passenger accidents
This section adds section 25101 to title 49, United States
Code. Section 25101 requires each rail passenger carrier,
within six months of the date of enactment, to submit to the
Secretary and the Chairman of the National Transportation
Safety Board a plan for addressing the needs of the families of
passengers involved in any rail passenger accident involving a
train of the rail passenger carrier and resulting in a major
loss of life. The section further provides that a rail
passenger carrier shall not be liable for any 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, unless such liability was caused by
conduct of the rail passenger carrier which was grossly
negligent or which constituted intentional misconduct.
Section 704. Establishment of task force
This section requires the Secretary to establish a task
force to develop a model plan to assist passenger rail carriers
in responding to passenger rail accidents; recommendations on
methods to improve the timeliness of the notification provided
by passenger rail carriers to the families of passengers
involved in a passenger rail accident; recommendations on
methods to ensure that the families of passengers involved in a
passenger rail accident who are not citizens of the United
States receive appropriate assistance; and recommendations on
methods to ensure that emergency services personnel have as
immediate and accurate a count of the number of passengers on
board the train as possible. The Secretary is required to
transmit to Congress a report containing the model plan and
recommendations developed by the task force not later than one
year after the date of enactment.
Legislative History and Committee Consideration
The Federal Railroad Administration was last reauthorized
by Congress in 1994, in the Federal Railroad Safety
Authorization Act of 1994. That authorization expired in 1998.
Since 1994, the Committee on Transportation and Infrastructure
has held 22 hearings on rail safety.
In the 110th Congress, the Subcommittee on Railroads,
Pipelines, and Hazardous Materials has held six hearings on
rail safety. On January 30 and 31, 2007, the Subcommittee held
hearings on reauthorization of the Federal rail safety program.
On February 13, 2007, the Subcommittee held a hearing on
fatigue. On March 16, 2007, the Subcommittee held a field
hearing on the role of human factors in rail accidents. On May
1, 2007, Chairman Oberstar introduced H.R. 2095, the ``Federal
Railroad Safety Improvement Act of 2007''. On May 8, 2007, the
Subcommittee held a hearing on rail safety legislation,
including H.R. 2095. On August 8, 2007, the Subcommittee held a
field hearing on Federal, State, and local roles in rail
safety.
On May 22, 2007, the Subcommittee on Railroads, Pipelines,
and Hazardous Materials met in open session to consider H.R.
2095. The Subcommittee adopted, by voice vote, the following
amendments:
An Amendment in the Nature of a Substitute to
require the Secretary to base efforts to strengthen
hours-of-service standards on scientific and medical
research; to allow the Secretary to extend the December
31, 2014 deadline for implementation of positive train
control systems for any railroad carrier for up to 24
additional months if the Secretary determines that such
an extension is necessary to implement a more effective
positive train control system, to obtain
interoperability between positive train control systems
implemented by railroad carriers, to determine that a
positive train control system meets existing
regulations, or to otherwise enhance safety; to limit
requirements that railroad carriers perform rail
integrity inspections to manage an annual service
failure rate of less than 0.1 per track mile to high-
risk corridors, such as those that have significant
movements of hazardous materials or where commuter and
intercity passenger railroads operate; and to require
railroads to transport workers who are injured on-the-
job to the nearest hospital. The amendment also
provided that time waiting for deadhead transportation
and time in deadhead transportation from a duty
assignment to the place of final release is neither
time on-duty nor time off-duty in situations involving
any of the following: a casualty, an accident, an act
of God, including a weather event such as a snowstorm,
landslide, or track or bridge washout, a track
obstruction, a derailment, a major equipment failure,
or any other delay that was unforeseen or unknown to
the railroad carrier when the employee left a terminal.
The amendment requires railroads to report to the
Federal Railroad Safety Administration on their usage
of limbo time in these situations, and they are
required to provide train crews in ``limbo'' with
additional time for rest equal to the time spent in
``limbo'';
An amendment to the Amendment in the Nature
of a Substitute to require the Secretary to develop and
make available to States model legislation addressing
sight obstructions at grade crossings;
An amendment to the Amendment in the Nature
of a Substitute to limit the scope of fatigue
management plans submitted by railroad carriers to
employees performing safety sensitive functions;
An amendment to the Amendment in the Nature
of a Substitute to authorize $1.5 million for Operation
Lifesaver to carry out a public information and
education program to help prevent incidents at grade
crossings and to use funds to implement a Railroad
Safety Public Awareness pilot program in States and
communities where safety is most at risk; and
An amendment to the Amendment in the Nature
of a Substitute to require the Secretary of
Transportation to identify on an annual basis the top
10 States with the most grade crossing collisions and
to work with those States to develop a State Grade
Crossing Action Plan.
The Subcommittee favorably recommended H.R. 2095, as
amended, to the Committee on Transportation and Infrastructure
by voice vote with a quorum present.
On June 14, 2007, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 2095, as
favorably recommended by the Subcommittee. The Committee
adopted, by voice vote, a manager's amendment that made several
changes to the bill. The manager's amendment allowed limbo time
in circumstances of a casualty, an accident, a track
obstruction, an act of God, a weather event causing a delay, a
snowstorm, a landslide, a track or bridge washout, a
derailment, a major equipment failure which prevents a train
from advancing, or other delay from a cause unknown and
unforeseeable to a railroad carrier when the employee left a
designated terminal. In addition to these exceptions, the
amendment allowed the carriers to use up to 40 hours a month in
limbo time per employee during the first authorization year; 30
hours a month during the second authorization year; and 10
hours a month thereafter. The amendment also required the
Secretary to certify that each positive train control system or
component has not experienced a safety-critical failure during
prior testing and evaluation. If such a failure has occurred,
the system or component may be repaired and evaluated in
accordance with existing regulations and may be installed when
the Secretary certifies that the factors causing the failure
have been corrected and approves the system for installation.
The amendment further established a grant program for the
deployment of train control and component technologies. The
amendment made additional changes and technical corrections.
The Committee ordered the bill, as amended by the
Committee, reported favorably to the House by voice vote with a
quorum present.
Record Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. On June
14, 2007, the Committee on Transportation and Infrastructure
met in open session and adopted a manager's amendment to the
bill by voice vote with a quorum present. The Committee ordered
the bill, as amended, reported favorably to the House by voice
vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(I) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance with House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
reauthorize the Federal Railroad Administration and establishes
safety measures to prevent railroad fatalities, injuries, and
hazardous materials releases.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
2095 from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 3, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2095, the Federal
Railroad Safety Improvement Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Sarah Puro
(for federal spending) and Emily Schlect (for revenues).
Sincerely,
Peter R. Orszag,
Director.
Enclosure.
H.R. 2095--Federal Railroad Safety Improvement Act of 2007
Summary: H.R. 2095 would authorize appropriations over the
2008-2011 period for operations of the Federal Railroad
Administration (FRA) within the Department of Transportation
(DOT) and would reorganize that agency and change its name to
the Federal Rail Safety Administration (FRSA).
CBO estimates that the bill would authorize the
appropriation of $1.2 billion over the 2008-2012 period. Those
amounts include funds for operating FRSA, building a rail
facility in Pueblo, Colorado, grants to increase safety
throughout the rail system, and implementing National
Transportation Safety Board (NTSB) programs to assist the
families of passengers who are in rail accidents. Under the
bill, FRSA would promulgate and enforce rules and regulations,
increase the number of track inspectors, administer grants for
projects related to railroad safety, complete studies and
reports regarding railroad safety and technology, and create
model legislation for state and local governments related to
the safety of areas where railroad tracks and highways meet
(grade crossings). Assuming appropriation of the amounts
authorized and estimated to be necessary, CBO estimates that
implementing the bill would cost $176 million in 2008, $1.1
billion over the 2008-2012 period, and about $80 million after
2012.
Enacting H.R. 2095 could increase direct spending, but CBO
estimates that any increases in direct spending would be
insignificant. CBO estimates that additional penalties of $6
million a year, $30 million over the 2008-2012 period, and $60
million over the 2008-2017 period would be collected under the
bill. Penalty collections are classified as revenues in the
budget.
H.R. 2095 contains several intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA). The bill's mandates include requirements for railroads
to comply with hours of service restrictions, certification
requirements, safety procedures, and reporting requirements, as
well as preemptions of certain state laws. Due to the small
number of public entities involved, CBO estimates that
compliance costs for those entities would not exceed the annual
threshold established in UMRA for intergovernmental mandates
($66 million in 2007, adjusted annually for inflation). Because
the costs to comply with the safety systems that would be
required by the bill are substantial, CBO estimates that the
aggregate cost to private entities of the mandates in the bill
would exceed the annual threshold in UMRA for private-sector
mandates ($131 million in 2007, adjusted annually for
inflation).
Other provisions of the bill would authorize grants for
which state, local, and private-sector entities would be
eligible. Any costs those entities might incur would result
from participating in the grant programs and would be incurred
voluntarily.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2095 is shown in Table 1. The costs of
this legislation fall within budget function 400
(transportation).
Basis of estimate: For this estimate, CBO assumes that H.R.
2095 will be enacted near the end of fiscal year 2007, that the
authorized and necessary amounts will be appropriated each
year, and that outlays will follow the historical rate of
spending for similar programs.
Spending subject to appropriation
H.R. 2095 would reauthorize the programs of the FRA through
2011, reorganize the agency and rename it the Federal Rail
Safety Administration, and place certain new requirements on
the agency. The current authorization for FRA expired at the
end of fiscal year 1998 (although the agency received
appropriations in the intervening years). The legislation would
specifically authorize the appropriation of about $1.2 billion
over the next four years for FRSA programs, including some
grants to improve the safety of rail operations. In addition,
title 7 would require the NTSB to provide assistance to the
families of passengers involved in rail accidents that result
in a loss of life. CBO estimates that provision would cost $1
million, annually.
TABLE 1.--ESTIMATED BUDGETARY IMPACT OF H.R. 2095
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2007 2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under Current Law for the Federal Railroad
Administration:
Authorization Level\1\................................ 184 13 16 0 0 0
Estimated Outlays..................................... 188 51 42 11 0 0
Proposed Changes:
Federal Rail Safety Administration Programs:
Authorization Level............................... 0 230 260 295 335 0
Estimated Outlays................................. 0 161 217 269 316 93
Pueblo, Colorado Facility:
Authorization Level............................... 0 18 0 0 0 0
Estimated Outlays................................. 0 11 4 2 2 0
Grants for Programs to Increase Rail Safety:
Estimated Authorization Level..................... 0 22 22 22 20 0
Estimated Outlays................................. 0 3 9 15 21 19
NTSB Assistance after Rail Accidents:
Estimated Authorization Level..................... 0 1 1 1 1 0
Estimated Outlays................................. 0 1 1 1 1 0
Total Changes:
Estimated Authorization Level................. 0 271 283 318 358 0
Estimated Outlays............................. 0 176 230 286 340 112
Total Spending Under H.R. 2095 for Rail Safety Progams:
Estimated Authorization Level......................... 184 284 299 318 358 0
Estimated Outlays..................................... 188 227 272 297 340 112
CHANGES IN REVENUES
Estimated Revenues........................................ 0 6 6 6 6 6
----------------------------------------------------------------------------------------------------------------
\1\Certain rail safety programs, but not most, for which the bill authorizes appropriations through fiscal year
2011, were authorized by Public Law 109-59 through fiscal year 2009. The current authorization in tiscal years
2008 and 2009 is in the form of contract authority. The spending of contract authority is controlled by annual
limits on obligations set on appropriation acts and is therefore considered discretionary.
Federal Rail Safety Administration (FRSA). The bill would
require railroad operators to comply with new safety
requirements in the bill. The bill also would require FRSA to
establish a chief safety officer, increase track inspectors,
and administer new grants. Under the provisions of the bill,
FRSA and the Inspector General of DOT would issue studies and
reports with respect to rail safety, review and approve plans
submitted by railroad operators, create model legislation for
states regarding the safety of grade crossings and the
prevention of vandalism to railroad safety measures, and
establish and enforce regulations regarding the safety and
certification requirements in the bill.
The bill would authorize the appropriation of $230 million
in 2008 and $1.1 billion over the 2008-2012 period for support
of those programs. CBO estimates that implementing those
provisions would cost $161 million in 2008 and nearly $1.1
billion over the 2008-2012 period.
Authorization for Facility in Pueblo, Colorado. The bill
would authorize the appropriation of $18 million to design,
develop, and construct the Facility for Underground Rail
Station and Tunnel at the Transportation Technology Center in
Pueblo, Colorado. Assuming appropriation of the authorized
amount, CBO estimates that implementing this provision would
cost $11 million in 2008 and $18 million over the 2008-2012
period.
Grants for Programs To Increase Rail Safety. H.R. 2095
would direct FRSA to administer three new grant programs.
Assuming appropriation of the necessary amounts, CBO estimates
that grants would cost $3 million in 2008 and $67 million over
the 2008-2012 period. The grants would support the deployment
of certain automated systems to avoid collisions in the event
of a mistake by a train operator, and the installation, repair,
or improvement of grade crossings (the location where highways
and railroad tracks meet), and Operation Lifesaver--a nonprofit
organization with the mission to end accidents at grade
crossings.
Grants for the Deployment of Train Control Systems. Section
613 would authorize the appropriation of funds to support the
deployment of certain automated systems for Class I railroads--
there are currently seven such large railroads in the United
States--to avoid collisions in the event of a mistake by a
train operator. Those large railroads would be required to
implement such systems by 2014 under provisions of the bill.
Based on information from FRA and industry sources about the
need for and cost of such systems, CBO estimates that such
grants would cost $1 million in 2008, $31 million over the
2008-2012 period, and $9 million after 2012.
Grants To Support the Improvement of Grade Crossings.
Section 615 would authorize the appropriation of funds to
support the installation, repair, or improvement of grade
crossings. Each grant would be limited to $250,000. Under
current law, FRA manages a similar program that costs between
$10 million and $15 million per year. CBO expects that the
grants authorized in the bill would likely augment the current
program. Based on information from FRA and industry sources
about the number of grade-crossing accidents, a significant
need exists for improving the safety of grade crossings. CBO
estimates that such grants would add $10 million annually to
the current grant program at a cost of $1 million in 2008, $31
million over the 2008-2012 period, and $9 million after 2012.
Grants for Operation Lifesaver. Section 407 would direct
FRSA to make additional grants to Operation Lifesaver--a
nonprofit organization with the mission to end accidents at
places where roadways cross train tracks and on railroad
rights-of-way. Under the current authorization for highway
programs (Public Law 109-59), Operation Lifesaver receives
$560,000 annually of contract authority (that is subject to
annual obligation limitations) through fiscal year 2009. The
bill would specifically authorize the appropriation of an
additional $1.5 million annually over the 2008-2011 period for
Operation Lifesaver.
NTSB Assistance After Rail Accidents. Title 7 would require
the NTSB to provide assistance to the families of passengers
who are in rail accidents on Amtrak that result in a major loss
of life. The bill also would require DOT to establish a task
force that would recommend ways to improve family assistance
and to more accurately determine the number of passengers on
board a train involved in an accident. Based on information
from the NTSB, and assuming appropriation of the necessary
amounts, CBO estimates that implementing this provision would
cost $1 million a year.
Direct spending and revenues
H.R. 2095 would establish new civil penalties on railroads
that fail to comply with reporting requirements regarding grade
crossings and increase penalties for general violations of
safety laws addressed by the bill. Collections of civil fines
are recorded as revenues and deposited in the Treasury. The
bill would increase the maximum penalty for violations of the
law from $10,000 to $25,000 and would raise the maximum penalty
for violations that are grossly negligent or that represent a
repeating pattern of offenses from $20,000 to $100,000.
According to the FRA, under current law, such civil fines
generate about $15 million in revenues annually. CBO expects
that an increase in the fees would decrease the number of
violations, but we expect that the increased penalty would
generate additional revenues of $6 million a year (see Table
2).
TABLE 2.--CHANGES IN REVENUES OVER THE 2008-2017 PERIOD UNDER H.R. 2095
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2008-2012 2008-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN REVENUES
Estimated Revenues................................ 6 6 6 6 6 6 6 6 6 6 30 60
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 2095
contains several intergovernmental and private-sector mandates
as defined in UMRA because it would require railroads to comply
with hours of service restrictions, certification requirements,
safety procedures, and reporting requirements, and would
preempt certain state laws. The total cost to comply with those
mandates is uncertain and would depend, in part, on regulations
that have not yet been established. Due to the small number of
public entities involved, however, CBO estimates that the
aggregate costs for those entities to comply with the bill's
mandates would not exceed the annual threshold established in
UMRA for intergovernmental mandates ($66 million in 2007,
adjusted annually for inflation). Because the costs to comply
with the safety systems that would be required by the bill are
substantial, CBO estimates that the aggregate cost to private
entities of the mandates in the bill would exceed the annual
threshold in UMRA for private-sector mandates ($131 million in
2007, adjusted annually for inflation).
Other provisions of the bill would authorize grants for
which state, local, and private-sector entities would be
eligible. Any costs those entities might incur arising from
participating in the grant programs would be incurred
voluntarily.
Mandates that affect both the public and private sector
By requiring railroads to comply with hours of service
restrictions, certification requirements, safety procedures,
reporting requirements, and by preempting certain state laws,
H.R. 2095 would impose both intergovernmental and private-
sector mandates as defined in UMRA.
Mandate With Costs Exceeding the Threshold. The bill would
require the Secretary of Transportation to issue regulations
requiring railroads to ensure that rail used in track repairs
is free of internal defects and that the railroads meet a
specific annual service failure rate.
According to government sources, most of the track owned by
state and local entities currently meets those requirements,
and CBO estimates that additional costs would be small for
public entities. According to industry and government sources,
however, most of the track owned by private carriers,
especially in rural areas, currently does not meet those
requirements, although no data exist on the exact amount of
track that would need to be updated. According to industry
sources, however, the cost to comply with this mandate would be
well over the annual threshold for the private sector.
Mandates With Uncertain Costs. The bill contains several
mandates whose costs CBO cannot estimate at this time. Those
mandates would:
Increase restrictions on the number of hours that
signalmen and train crews are allowed to work over certain time
periods;
Require railroads to certify train conductors and
carmen, establishing minimum training standards for each craft
of railroad employees as well as track and railroad equipment
inspectors; and
Require that railroads report information on the
status of grade crossings.
CBO cannot estimate the total costs of those mandates
because we do not have sufficient information about how
railroads would choose to adjust their employees' schedules to
comply with the restrictions and because total costs would
depend upon future regulatory actions of the Secretary.
Mandates With Minimal Costs. Several mandates in the bill
would impose minimal additional costs on railroads, in CBO's
estimation. Those mandates would:
Strengthen whistleblower protections for railroad
employees, specifically protections against intimidation and
harassment;
Require railroads to post a toll-free number at
all grade crossings to report problems, and to warn trains and
the appropriate public-safety officials about hazardous
conditions;
Require railroads to remove vegetation that
obstructs the view of pedestrians and drivers at grade
crossings;
Require railroads to submit plans to address
railroad worker fatigue, the needs of families of accident
victims, and accidents at highway-rail grade crossings;
Require railroads to maintain documentation of
activities to inspect and maintain the structural integrity of
certain tunnels through which they operate;
Prohibit any individual or state from interfering
in or disrupting the work of the National Transportation Safety
Board during a railroad disaster;
Impose restrictions on the unsolicited
communications of attorneys or potential parties to litigation
in the event of a railroad accident; and
Prohibit railroad carriers from interfering with
the medical treatment of injured workers.
CBO estimates that the additional costs to comply with
those mandates would be small because compliance likely would
involve only a small adjustment in current procedures, or
because railroads or individuals would be unlikely to engage in
the prohibited activities. Additionally, the bill would
establish a grant program for state and local governments to
address some of those requirements.
Mandates that affect only the private sector
The bill also would impose additional mandates that affect
only private rail carriers. Those mandates include, but are not
limited to, requirements for installation of positive train
control systems and new switch indicators for tracks;
requirements for emergency equipment and training for
crewmembers on trains that carry hazardous materials; and
requirements related to sleeping quarters for rail employees.
Positive Train Control (PTC) System. The bill would require
each Class I railroad carrier, within 12 months after
enactment, to develop and submit a plan for implementing a
positive train control system by December 31, 2014. The
Secretary of Transportation, however, would be authorized to
extend the date for implementation by two years under certain
conditions. Positive train control systems are intended to
reduce collisions in the event of a mistake by a train
operator. No railroad carrier would be permitted to begin the
implementation of their plan before getting approval from the
Secretary of Transportation. According to industry sources,
some railroad carriers currently are participating in pilot
programs with the purpose of developing PTC systems. The cost
to implement such systems is uncertain at this stage of
development. Based on information from the Federal Railroad
Administration and the Association of American Railroads, CBO
estimates that the cost to comply with this mandate would total
at least a few billion dollars for the industry. The bill would
authorize grants for eligible private-sector entities to assist
with the cost of implementing a positive train control system.
Switch-Position Indicators. The bill would require the
Secretary to issue regulations requiring railroad carriers to
install switch-position indicators on main lines in non-
signaled territory, or operate trains at speeds that will allow
involved train employees to safely stop the train in advance of
a misaligned switch. The former option would require private
entities to install those switch-position indicators to alert
oncoming trains of a misaligned track. According to industry
sources, the latter option would require private entities to
operate at speeds up to 50 percent slower than normal. The
relative cost of each option would depend on the routes of
service. While the cost of this mandate is uncertain, it is
likely that compliance costs would be large relative to the
UMRA's annual threshold. The bill would authorize grants for
eligible private-sector entities to assist with the cost of
implementing switch-position monitoring technology.
Emergency Escape Breathing Apparatus. The bill would
require railroads to provide an emergency breathing apparatus
for each crewmember on freight trains that carry hazardous
materials, and to provide crewmembers with training in the use
of those devices. According to industry sources, although the
average cost of the apparatus and the large number of private
entities that would have to comply suggest that the costs could
be substantial, the cost of this mandate would be below the
annual threshold established in UMRA for private-sector
mandates.
Sleeping Quarters. The bill would prohibit railroad
carriers from using camp cars as sleeping quarters for its
employees one year after the enactment of the bill. Camp cars
are mostly used by railroad carriers operating in rural areas
where sleeping accommodations are not readily available. To
comply with this mandate, private entities would likely have to
transport crews working in those areas to proper sleeping
accommodations. According to government and industry sources,
however, few railroad carriers use camp cars as sleeping
quarters. Given the small number of entities that would be
affected, CBO estimates that the costs to comply with this
mandate would be minimal.
Other impacts: Grants
The bill would establish a grant program for passenger and
freight railroad carriers, and state and local governments, to
install train controls, switch-position indicators, and other
component technologies. The bill also would establish a grant
program for state and local governments to improve emergency
grade crossings. Any costs those entities might incur would
result from complying with conditions of federal assistance.
Participation in any federal contract, including those grants,
is considered a voluntary action. Duties arising from
participation in such a voluntary federal program are not
mandates under UMRA.
Estimate prepared by: Federal Spending: Sarah Puro; Federal
Revenues: Emily Schlect; Impact on State, Local, and Tribal
Governments: Elizabeth Cove; Impact on the Private Sector:
Jacob Kuipers.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Compliance with House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 2095, the ``Federal Railroad Safety
Improvement Act of 2007'', contains the following congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9(d), 9(e), or 9(f) of rule XXI of the Rules
of the House of Representatives:
Sec. 105, Pueblo, CO, Facility for Underground Rail Station
and Tunnel at the Transportation Technology Center--$18
million, Rep. John T. Salazar.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under Article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 2095 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
Sec
101. Purpose.
* * * * * * *
[103. Federal Railroad Administration.]
103. Federal Railroad Safety Administration.
* * * * * * *
[Sec. 103. Federal Railroad Administration
[(a) The Federal Railroad Administration is an administration
in the Department of Transportation. To carry out all railroad
safety laws of the United States, the Administration is divided
on a geographical basis into at least 8 safety offices. The
Secretary of Transportation is responsible for all acts taken
under those laws and for ensuring that the laws are uniformly
administered and enforced among the safety offices.
[(b) The head of the Administration is the Administrator who
is appointed by the President, by and with the advice and
consent of the Senate. The Administrator reports directly to
the Secretary.
[(c) The Administrator shall carry out--
[(1) duties and powers related to railroad safety
vested in the Secretary by section 20134(c) and
chapters 203-211 of this title, and chapter 213 of this
title in carrying out chapters 203-211; and
[(2) additional duties and powers prescribed by the
Secretary.
[(d) A duty or power specified by subsection (c)(1) of this
section may be transferred to another part of the Department
only when specifically provided by law or a reorganization plan
submitted under chapter 9 of title 5. A decision of the
Administrator in carrying out those duties or powers and
involving notice and hearing required by law is
administratively final.
[(e) 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 of the Federal
Railroad 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.]
Sec. 103. Federal Railroad Safety Administration
(a) In General.--The Federal Railroad Safety Administration
(in this section referred to as the ``Administration'') shall
be an administration in the Department of Transportation. To
carry out all railroad safety laws of the United States, the
Administration shall be divided on a geographical basis into at
least 8 safety offices. The Secretary of Transportation shall
be responsible for enforcing those laws and for ensuring that
those laws are uniformly administered and enforced among the
safety offices.
(b) 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.
(c) 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.
(d) 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.
(e) Chief Safety Officer.--The Administration shall have an
Associate Administrator for Railroad Safety appointed in the
competitive 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.
(f) Duties and Powers of the Administrator.--The
Administrator shall carry out--
(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; and
(2) other duties and powers prescribed by the
Secretary.
(g) Limitation.--A duty or power specified in subsection
(f)(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.
(h) 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.
* * * * * * *
SUBTITLE II--OTHER GOVERNMENT AGENCIES
* * * * * * *
CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
SUBCHAPTER I--GENERAL
Sec.
1101. Definitions.
* * * * * * *
SUBCHAPTER III--AUTHORITY
* * * * * * *
1139. Assistance to families of passengers involved in rail passenger
accidents.
* * * * * * *
SUBCHAPTER III--AUTHORITY
* * * * * * *
Sec. 1139. Assistance to families of passengers involved in rail
passenger accidents
(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--
(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; and
(2) designate an independent nonprofit organization,
with experience in disasters and posttrauma
communication with families, which shall have primary
responsibility for coordinating the emotional care and
support of the families of passengers involved in the
accident.
(b) Responsibilities of the Board.--The Board shall have
primary Federal responsibility for--
(1) facilitating the recovery and identification of
fatally injured passengers involved in an accident
described in subsection (a); and
(2) communicating with the families of passengers
involved in the accident as to the roles of--
(A) the organization designated for an
accident under subsection (a)(2);
(B) Government agencies; and
(C) the rail passenger carrier involved,
with respect to the accident and the post-accident
activities.
(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:
(1) To provide mental health and counseling services,
in coordination with the disaster response team of the
rail passenger carrier involved.
(2) To take such actions as may be necessary to
provide an environment in which the families may grieve
in private.
(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.
(4) To arrange a suitable memorial service, in
consultation with the families.
(d) Passenger Lists.--
(1) Requests for passenger lists.--
(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.
(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).
(2) Use of information.--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.
(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--
(1) are briefed, prior to any public briefing, about
the accident and any other findings from the
investigation; and
(2) are individually informed of and allowed to
attend any public hearings and meetings of the Board
about the accident.
(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.
(g) Prohibited Actions.--
(1) Actions to impede the board.--No person
(including a State or political subdivision) 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.
(2) Unsolicited communications.--No unsolicited
communication concerning a potential action 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 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.
(3) Prohibition on actions to prevent mental health
and counseling services.--No State or political
subdivision 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.
(h) Definitions.--In this section, the following definitions
apply:
(1) Rail passenger accident.--The term ``rail
passenger accident'' means any rail passenger disaster
occurring in the provision of--
(A) interstate intercity rail passenger
transportation (as such term is defined in
section 24102); or
(B) interstate or intrastate high-speed rail
(as such term is defined in section 26105)
transportation,
regardless of its cause or suspected cause.
(2) Rail passenger carrier.--The term ``rail
passenger carrier'' means a rail carrier providing--
(A) interstate intercity rail passenger
transportation (as such term is defined in
section 24102); or
(B) interstate or intrastate high-speed rail
(as such term is defined in section 26105)
transportation,
except that such term shall not include a tourist,
historic, scenic, or excursion rail carrier.
(3) Passenger.--The term ``passenger'' includes--
(A) an employee of a rail passenger carrier
aboard a train;
(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; and
(C) any other person injured or killed in the
accident.
(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.
(j) Relinquishment of Investigative Priority.--
(1) General rule.--This section (other than
subsection (g)) shall not apply to a railroad 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.
(2) Board assistance.--If this section does not apply
to a railroad 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.
* * * * * * *
SUBTITLE V--RAIL PROGRAMS
PART A--SAFETY
Chapter Sec.
GENERAL......................................................20101
* * * * * * *
PART C--PASSENGER TRANSPORTATION
GENERAL......................................................24101
* * * * * * *
FAMILY ASSISTANCE............................................25101
* * * * * * *
PART A--SAFETY
* * * * * * *
CHAPTER 201--GENERAL
SUBCHAPTER I--GENERAL
Sec
20101. Purpose.
* * * * * * *
20116. Rulemaking process.
* * * * * * *
20118. Enforcement transparency.
SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY
* * * * * * *
[20151. Railroad trespassing and vandalism prevention strategy.]
20151. Railroad trespassing, vandalism, and signal violation prevention
strategy.
* * * * * * *
20156. Roadway user sight distance at highway-rail grade crossings.
20157. National crossing inventory.
20158. Warning in nonsignaled territory.
20159. Track safety.
20160. Certification of conductors.
20161. Minimum training standards.
20162. Prompt medical attention.
20163. Emergency escape breathing apparatus.
20164. Certification of carmen.
20165. Fostering introduction of new technology to improve safety at
highway-rail grade crossings.
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 20104. Emergency authority
(a) Ordering Restrictions and Prohibitions.--(1) If, through
testing, inspection, investigation, or research carried out
under this chapter, the Secretary of Transportation decides
that an unsafe condition or practice, or a combination of
unsafe conditions and practices, causes an emergency situation
involving a hazard of [death or personal injury] death,
personal injury, or significant harm to the environment, the
Secretary immediately may order restrictions and prohibitions,
without regard to section 20103(e) of this title, that may be
necessary to abate the situation.
* * * * * * *
Sec. 20106. National uniformity of regulation
(a) In General.--Laws, regulations, and orders related to
railroad safety and laws, regulations, and orders related to
railroad security shall be nationally uniform to the extent
practicable. A State may adopt or continue in force a law,
regulation, or order related to railroad safety or security
until the Secretary of Transportation (with respect to railroad
safety matters), or the Secretary of Homeland Security (with
respect to railroad security matters), prescribes a regulation
or issues an order covering the subject matter of the State
requirement. A State may adopt or continue in force an
additional or more stringent law, regulation, or order related
to railroad safety or security when the law, regulation, or
order--
(1) * * *
* * * * * * *
(b) Clarifications Regarding State Law Causes of Action.--
(1) In general.--Nothing in this section shall be
construed to preempt an action under State law seeking
damages for personal injury, death, or property damage
alleging that a party has violated the Federal standard
of care established by a regulation or order issued by
the Secretary of Transportation (with respect to
railroad safety matters), or the Secretary of Homeland
Security (with respect to the railroad security
matters) covering the subject matter as provided in
subsection (a) of this section. This includes actions
under State law for a party's violation of or failure
to adequately comply with its own plan, rule, or
standard that it created pursuant to a regulation or
order issued by either of the Secretaries or for a
party's failure to adequately comply with a law,
regulation, or order issued by either of the
Secretaries. Actions under State law for a violation of
a State law, regulation, or order that is not
inconsistent with subsection (a)(2) are also not
preempted.
(2) Retroactivity.--This subsection shall apply to
all pending State law causes of action arising from
events or activities occurring on or after January 18,
2002.
Sec. 20107. Inspection and investigation
(a) * * *
* * * * * * *
(c) Railroad Radio Communications.--
(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 the following
activities in circumstances the Secretary finds to be
reasonable:
(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--
(i) authorized for use by one or more
railroad carriers by the Federal
Communications Commission; and
(ii) primarily used by such railroad
carriers for communications in
connection with railroad operations.
(B) Communicating the existence, contents,
substance, purport, effect, or meaning of the
communication, subject to the restrictions in
paragraph (3).
(C) Receiving or assisting in receiving the
communication (or any information therein
contained).
(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).
(E) Recording the communication by any means,
including writing and tape recording.
(2) Accident prevention and accident 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 prevention
and accident investigation.
(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--
(i) in a prosecution of a felony under
Federal or State criminal law; or
(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.
(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.
(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).
(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.
(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.
(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.
* * * * * * *
[Sec. 20109. Employee protections
[(a) Filing Complaints and Testifying.--A railroad carrier
engaged in interstate or foreign commerce may not discharge or
in any way discriminate against an employee because the
employee, whether acting for the employee or as a
representative, has--
[(1) filed a complaint or brought or caused to be
brought a proceeding related to the enforcement of this
part or, as applicable to railroad safety, chapter 51
or 57 of this title; or
[(2) testified or will testify in that proceeding.
[(b) Refusing To Work Because of Hazardous Conditions.--(1) A
railroad carrier engaged in interstate or foreign commerce may
not discharge or in any way discriminate against an employee
for refusing to work when confronted by a hazardous condition
related to the performance of the employee's duties, if--
[(A) the refusal is made in good faith and no
reasonable alternative to the refusal is available to
the employee;
[(B) a reasonable individual in the circumstances
then confronting the employee would conclude that--
[(i) the hazardous condition presents an
imminent danger of death or serious injury; and
[(ii) the urgency of the situation does not
allow sufficient time to eliminate the danger
through regular statutory means; and
[(C) the employee, where possible, has notified the
carrier of the hazardous condition and the intention
not to perform further work unless the condition is
corrected immediately.
[(2) This subsection does not apply to security personnel
employed by a carrier to protect individuals and property
transported by railroad.
[(c) Dispute Resolution.--A dispute, grievance, or claim
arising under this section is subject to resolution under
section 3 of the Railway Labor Act (45 U.S.C. 153). In a
proceeding by the National Railroad Adjustment Board, a
division or delegate of the Board, or another board of
adjustment established under section 3 to resolve the dispute,
grievance, or claim, the proceeding shall be expedited and the
dispute, grievance, or claim shall be resolved not later than
180 days after it is filed. If the violation is a form of
discrimination that does not involve discharge, suspension, or
another action affecting pay, and no other remedy is available
under this subsection, the Board, division, delegate, or other
board of adjustment may award the employee reasonable damages,
including punitive damages, of not more than $20,000.
[(d) Election of Remedies.--An employee of a railroad carrier
may not seek protection under both this section and another
provision of law for the same allegedly unlawful act of the
carrier.
[(e) Disclosure of Identity.--(1) Except as provided in
paragraph (2) of this subsection, or with the written consent
of the employee, the Secretary of Transportation may not
disclose the name of an employee of a railroad carrier who has
provided information about an alleged violation of this part
or, as applicable to railroad safety, chapter 51 or 57 of this
title or a regulation prescribed or order issued under any of
those provisions.
[(2) The Secretary shall disclose to the Attorney General the
name of an employee described in paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.]
Sec. 20109. Employee protections
(a) Protected Actions.--A railroad carrier engaged in
interstate or foreign commerce, and an officer or employee of
such a railroad carrier, shall not by threat, intimidation, or
otherwise attempt to prevent an employee from, or discharge,
discipline, or in any way discriminate against an employee
for--
(1) filing a complaint or bringing or causing to be
brought a proceeding related to the enforcement of this
part or, as applicable to railroad safety, chapter 51
or 57 of this title;
(2) testifying in a proceeding described in paragraph
(1);
(3) notifying, or attempting to notify, the railroad
carrier or the Secretary of Transportation of a work-
related personal injury or work-related illness of an
employee;
(4) cooperating with a safety investigation by the
Secretary of Transportation or the National
Transportation Safety Board;
(5) furnishing information to the Secretary of
Transportation, the National Transportation Safety
Board, or any other public official as to the facts
relating to any accident or incident resulting in
injury or death to an individual or damage to property
occurring in connection with railroad transportation;
or
(6) accurately reporting hours of duty pursuant to
chapter 211.
(b) Hazardous Conditions.--(1) A railroad carrier engaged in
interstate or foreign commerce, and an officer or employee of
such a railroad carrier, shall not by threat, intimidation, or
otherwise attempt to prevent an employee from, or discharge,
discipline, or in any way discriminate against an employee
for--
(A) reporting a hazardous condition;
(B) refusing to work when confronted by a hazardous
condition related to the performance of the employee's
duties, if the conditions described in paragraph (2)
exist; or
(C) refusing to authorize the use of any safety-
related equipment, track, or structures, if the
employee is responsible for the inspection or repair of
the equipment, track, or structures, when the employee
believes that the equipment, track, or structures are
in a hazardous condition, if the conditions described
in paragraph (2) exist.
(2) A refusal is protected under paragraph (1)(B) and (C)
if--
(A) the refusal is made in good faith and no
reasonable alternative to the refusal is available to
the employee;
(B) the employee reasonably concludes that--
(i) the hazardous condition presents an
imminent danger of death or serious injury; and
(ii) the urgency of the situation does not
allow sufficient time to eliminate the danger
without such refusal; and
(C) the employee, where possible, has notified the
carrier of the existence of the hazardous condition and
the intention not to perform further work, or not to
authorize the use of the hazardous equipment, track, or
structures, unless the condition is corrected
immediately or the equipment, track, or structures are
repaired properly or replaced.
(3) This subsection does not apply to security personnel
employed by a railroad carrier to protect individuals and
property transported by railroad.
(c) Enforcement Action.--
(1) In general.--An employee who alleges discharge or
other discrimination by any person in violation of
subsection (a) may seek relief in accordance with the
provisions of this section, with any petition or other
request for relief under this section to be initiated
by filing a complaint with the Secretary of Labor.
(2) Procedure.--
(A) In general.--An action under this section
shall be governed under the rules and
procedures set forth in section 42121(b).
(B) Exception.--Notification made under
section 42121(b)(1) shall be made to the person
named in the complaint and to the person's
employer.
(C) Burdens of proof.--An action brought
under this section shall be governed by the
legal burdens of proof set forth in section
42121(b).
(D) Statute of limitations.--An action under
this section shall be commenced not later than
1 year after the date on which the violation
occurs.
(3) De novo review.--If the Secretary of Labor has
not issued a final decision within 180 days after the
filing of the complaint (or, in the event that a final
order or decision is issued by the Secretary of Labor,
whether within the 180-day period or thereafter, then,
not later than 90 days after such an order or decision
is issued), the employee may bring an original action
at law or equity for de novo review in the appropriate
district court of the United States, which shall have
jurisdiction over such an action without regard to the
amount in controversy, and which action shall, at the
request of either party to such action, be tried by the
court with a jury.
(d) Remedies.--
(1) In general.--An employee prevailing in any action
under this section shall be entitled to all relief
necessary to make the covered individual whole.
(2) Damages.--Relief in an action under this section
shall include--
(A) reinstatement with the same seniority
status that the covered individual would have
had, but for the discrimination;
(B) the amount of any back pay, with
interest; and
(C) compensation for any special damages
sustained as a result of the discrimination,
including litigation costs, expert witness
fees, and reasonable attorney fees.
(3) Possible relief.--Relief may also include
punitive damages in an amount not to exceed 10 times
the amount of any compensatory damages awarded under
this section.
(e) Criminal Penalties.--
(1) In general.--It shall be unlawful for any
railroad carrier to commit an act prohibited by
subsection (a). Any person who willfully violates this
section by terminating or retaliating against any such
covered individual who makes a claim under this section
shall be fined under title 18, United States Code,
imprisoned not more than 1 year, or both.
(2) Reporting requirement.--
(A) In general.--The Attorney General shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate an annual report
on the enforcement of paragraph (1).
(B) Contents.--Each such report shall--
(i) identify each case in which
formal charges under paragraph (1) were
brought;
(ii) describe the status or
disposition of each such case; and
(iii) in any actions under subsection
(c)(1) in which the employee was the
prevailing party or the substantially
prevailing party, indicate whether or
not any formal charges under paragraph
(1) of this subsection have been
brought and, if not, the reasons
therefor.
(f) No Preemption.--Nothing in this section preempts or
diminishes any other safeguards against discrimination,
demotion, discharge, suspension, threats, harassment,
reprimand, retaliation, or any other manner of discrimination
provided by Federal or State law.
(g) Rights Retained by Covered Individual.--Nothing in this
section shall be deemed to diminish the rights, privileges, or
remedies of any covered individual under any Federal or State
law or under any collective bargaining agreement. The rights
and remedies in this section may not be waived by any
agreement, policy, form, or condition of employment.
* * * * * * *
Sec. 20112. Enforcement by the Attorney General
(a) Civil Actions.--At the request of the Secretary of
Transportation, the Attorney General may bring a civil action
in a district court of the United States--
(1) to enjoin a violation of, or to enforce, this
part or a railroad safety regulation prescribed or
order issued by the Secretary;
(2) to collect a civil penalty imposed or an amount
agreed on in compromise under section [21301] 21301,
21302, or 21303 of this title; or
(3) to enforce a [subpena] subpoena, request for
admissions, request for production of documents or
other tangible things, or request for testimony by
deposition issued by the Secretary under this
[chapter.] part.
* * * * * * *
Sec. 20116. Rulemaking process
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 that reference is to a particular
code, rule, standard, requirement, or practice adopted before
the date on which the rule is issued by the Secretary, and
unless the date on which the code, rule, standard, requirement,
or practice was adopted is specifically cited in the rule.
Sec. 20117. Authorization of appropriations
[(a) General.--(1) Not more than the following amounts may be
appropriated to the Secretary of Transportation to carry out
this chapter:
[(A) $68,283,000 for the fiscal year ending September
30, 1993.
[(B) $71,690,000 for the fiscal year ending September
30, 1994.
[(C) $68,289,000 for fiscal year 1995.
[(D) $75,112,000 for fiscal year 1996.
[(E) $82,563,000 for fiscal year 1997.
[(F) $90,739,000 for fiscal year 1998.
[(2) Not more than $5,000,000 may be appropriated to the
Secretary for the fiscal year ending September 30, 1993, to
carry out section 20105 of this title.]
(a) In General.--(1) There are authorized to be appropriated
to the Secretary of Transportation to carry out this part and
to carry out responsibilities under chapter 51 as delegated or
authorized by the Secretary--
(A) $230,000,000 for fiscal year 2008;
(B) $260,000,000 for fiscal year 2009;
(C) $295,000,000 for fiscal year 2010; and
(D) $335,000,000 for fiscal year 2011.
(2) With amounts appropriated pursuant to paragraph (1), the
Secretary shall purchase 6 Gage Restraint Measurement System
vehicles and 5 track geometry vehicles to enable the deployment
of 1 Gage Restraint Measurement System vehicle and 1 track
geometry vehicle in each region.
(3) There are authorized to be appropriated to the Secretary
$18,000,000 for the period encompassing fiscal years 2008
through 2011 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.
(4) Such sums as may be necessary from the amount
appropriated pursuant to paragraph (1) for each of the fiscal
years 2008 through 2011 shall be made available to the
Secretary for personnel in regional offices and in Washington,
D.C., whose duties primarily involve rail security.
* * * * * * *
Sec. 20118. Enforcement transparency
(a) In General.--Not later than December 31, 2007, the
Secretary of Transportation shall--
(1) provide a monthly updated summary to the public
of all railroad enforcement actions taken by the
Secretary or the Federal Railroad Safety
Administration, from the time a notice commencing an
enforcement action is issued until the enforcement
action is final;
(2) include in each such summary identification of
the railroad carrier or person involved in the
enforcement activity, the type of alleged violation,
the penalty or penalties proposed, any changes in case
status since the previous summary, the final assessment
amount of each penalty, and the reasons for a reduction
in the proposed penalty, if appropriate; and
(3) provide a mechanism by which a railroad carrier
or person named in an enforcement action may make
information, explanations, or documents it believes are
responsive to the enforcement action available to the
public.
(b) Electronic Availability.--Each summary under this section
shall be made available to the public by electronic means.
(c) Relationship to Foia.--Nothing in this section shall be
construed to require disclosure of information or records that
are exempt from disclosure under section 552 of title 5.
SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY
* * * * * * *
Sec. 20134. Grade crossings and railroad rights of way
(a) General.--To the extent practicable, the Secretary of
Transportation shall maintain a coordinated effort to develop
and carry out solutions to the railroad grade crossing problem
and measures to protect pedestrians in densely populated areas
along railroad rights of way. To carry out this subsection, the
Secretary may use the authority of the Secretary under this
chapter and over highway, traffic, and motor vehicle safety and
over highway construction. The Secretary may purchase
promotional 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 prevent trespass on railroad
rights of way, and the Secretary shall prescribe guidelines for
the administration of this authority.
* * * * * * *
[Sec. 20151. Railroad trespassing and vandalism prevention strategy]
Sec. 20151. Railroad trespassing, vandalism, and signal violation
prevention strategy
(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 [and vandalism
affecting railroad safety], vandalism affecting railroad
safety, and violations of grade crossing signals, 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,
concerning trespassing and vandalism, shall be completed within
1 year after November 2, 1994. The second such evaluation and
review, concerning violations of grade crossing signals, shall
be completed before April 1, 2008. The Secretary shall revise
such model prevention strategies and enforcement codes
periodically.
(b) Outreach Program for Trespassing and Vandalism
Prevention.--The Secretary shall develop and maintain a
comprehensive outreach program to improve communications among
Federal railroad safety inspectors, State inspectors certified
by the Federal Railroad Administration, railroad police, and
State and local law enforcement officers, for the purpose of
addressing trespassing and vandalism problems on railroad
property, and strengthening relevant enforcement strategies.
This program shall be designed to increase public and police
awareness of the illegality of, dangers inherent in, and the
extent of, trespassing on railroad rights-of-way, to develop
strategies to improve the prevention of trespassing and
vandalism, and to improve the enforcement of laws relating to
railroad trespass, vandalism, and safety.
(c) Model Legislation.--(1) Within 18 months after November
2, 1994, 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--
[(1)] (A) civil or criminal penalties, or both, for
vandalism of railroad equipment or property which could
affect the safety of the public or of railroad
employees; and
[(2)] (B) civil or criminal penalties, or both, for
trespassing on a railroad owned or leased right-of-way.
(2) Within 18 months after the date of enactment of the
Federal Railroad Safety Improvement Act of 2007, the Secretary,
after consultation with State and local governments, railroad
carriers, and rail labor organizations, shall develop and make
available to State and local governments model State
legislation providing for civil or criminal penalties, or both,
for violations of grade crossing signals.
(d) Definition.--For purposes of this section, the term
``violation of grade crossing signals'' includes any action by
a motorist, unless directed by an authorized safety officer--
(1) to drive around a grade crossing gate in a
position intended to block passage over railroad
tracks;
(2) to drive through a flashing grade crossing
signal;
(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; and
(4) in the vicinity of a grade crossing, that creates
a hazard of an accident involving injury or property
damage at the grade crossing.
[Sec. 20152. Emergency notification of grade crossing problems
[(a) Pilot Programs.--The Secretary of Transportation shall
conduct a pilot program to demonstrate an emergency
notification system utilizing a toll free telephone number that
the public can use to convey to railroad carriers, either
directly or through public safety personnel, information about
malfunctions or other safety problems at railroad-highway grade
crossings. The pilot program, at a minimum--
[(1) shall include railroad-highway grade crossings
in at least 2 States;
[(2) shall include provisions for public education
and awareness of the program; and
[(3) shall require information to be posted at the
railroad-highway grade crossing describing the
emergency notification system and instructions on how
to use the system.
The Secretary may, by grant, provide funding for the expense of
information signs and public awareness campaigns necessary to
demonstrate the notification system.
[(b) Report.--The Secretary shall complete the pilot program
not later than 24 months after November 2, 1994, and shall
submit to the Congress not later than 30 months after November
2, 1994, an evaluation of the pilot program, together with
findings as to the effectiveness of such emergency notification
systems. The report shall compare and contrast the structure,
cost, and effectiveness of the pilot program with other
emergency notification systems in effect within other States.
Such evaluation shall include analyses of the safety benefits
derived from the programs, cost effectiveness, and the burdens
on participants, including railroad carriers and law
enforcement personnel.]
Sec. 20152. Emergency notification of grade crossing problems
Not later than 18 months after the date of enactment of the
Federal Railroad Safety Improvement Act of 2007, the Secretary
of Transportation shall require each railroad carrier to--
(1) establish and maintain a toll-free telephone
service, for rights-of-way over which it dispatches
trains, to directly receive calls reporting--
(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; and
(B) disabled vehicles blocking railroad
tracks at such grade crossings;
(2) upon receiving a report of a malfunction or
disabled vehicle pursuant to paragraph (1), immediately
contact trains operating near the grade crossing to
warn them of the malfunction or disabled vehicle;
(3) upon receiving a report of a malfunction or
disabled vehicle pursuant to paragraph (1), 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 appropriate to responding
to the hazardous circumstance; and
(4) 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--
(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;
(B) an explanation of the purpose of that
toll-free number as described in paragraph (1);
and
(C) the grade crossing number assigned for
that crossing by the National Highway-Rail
Crossing Inventory established by the
Department of Transportation.
The Secretary of Transportation shall implement this section
through appropriate regulations.
* * * * * * *
Sec. 20156. Roadway user sight distance at highway-rail grade crossings
(a) In General.--Not later than 18 months after the date of
enactment of the Federal Railroad Safety Improvement Act of
2007, the Secretary of Transportation shall prescribe
regulations that require each railroad carrier to remove from
its rights-of-way at all public highway-rail grade crossings,
and at all private highway-rail grade crossings open to
unrestricted public access (as declared in writing by the
holder of the crossing right), grass, brush, shrubbery, trees,
and other vegetation which may obstruct the view of a
pedestrian or a vehicle operator for a reasonable distance in
either direction of the train's approach, and to maintain its
rights-of-way at all such crossings free of such vegetation. In
prescribing the regulations, the Secretary shall take into
consideration to the extent practicable--
(1) the type of warning device or warning devices
installed at the crossing;
(2) factors affecting the timeliness and
effectiveness of roadway user decisionmaking, including
the maximum allowable roadway speed, maximum authorized
train speed, angle of intersection, and topography;
(3) the presence or absence of other sight distance
obstructions off the railroad right-of-way; and
(4) any other factors affecting safety at such
crossings.
(b) Protected Vegetation.--In promulgating regulations
pursuant to this section, the Secretary may make allowance for
preservation of trees and other ornamental or protective growth
where State or local law or policy would otherwise protect the
vegetation from removal and where the roadway authority or
private crossing holder is notified of the sight distance
obstruction and, within a reasonable period specified by the
regulation, takes appropriate temporary and permanent action to
abate the hazard to roadway users (such as by closing the
crossing, posting supplementary signage, installing active
warning devices, lowering roadway speed, or installing traffic
calming devices).
(c) No Preemption.--Notwithstanding section 20106,
subsections (a) and (b) of this section do not prohibit a State
from continuing in force, or from enacting, a law, regulation,
or order requiring the removal of obstructive vegetation from a
railroad right-of-way for safety reasons that is more stringent
than the requirements of the regulations prescribed pursuant to
this section.
(d) Model Legislation.--Not later than 18 months after the
date of enactment of the Federal Railroad Safety Improvement
Act of 2007, the Secretary, after consultation with the Federal
Railroad Safety Administration, the Federal Highway
Administration, and States, shall develop and make available to
States model legislation providing for improving safety by
addressing sight obstructions, at highway-rail grade crossings
that are equipped solely with passive warnings, such as
permanent structures, temporary structures, and standing
railroad equipment, as recommended by the Inspector General of
the Department of Transportation in Report No. MH-2007-044.
Sec. 20157. National crossing inventory
(a) Initial Reporting of Information about Previously
Unreported Crossings.--Not later than 1 year after the date of
enactment of the Federal Railroad Safety Improvement Act of
2007 or 6 months after a new crossing becomes operational,
whichever occurs later, each railroad carrier shall--
(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
(2) ensure that the information has been reported to
the Secretary by another railroad carrier that operates
through the crossing.
(b) Updating of Crossing Information.--(1) On a periodic
basis beginning not later than 3 years after the date of
enactment of the Federal Railroad Safety Improvement Act of
2007 and on or before September 30 of every third year
thereafter, or as otherwise specified by the Secretary, each
railroad carrier shall--
(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
(B) ensure that the information has been reported to
the Secretary by another railroad carrier that operates
through the crossing.
(2) A railroad carrier that sells a crossing or any part of a
crossing on or after the date of enactment of the Federal
Railroad Safety Improvement Act of 2007 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.
(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 Federal Railroad Safety Improvement Act of 2007, until
such provision is superseded by a regulation issued under this
section.
(d) Definitions.--In this section:
(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--
(A) a public highway, road, or street, or a
private roadway, including associated sidewalks
and pathways, crosses one or more railroad
tracks either at grade or grade-separated; or
(B) a pathway 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.
(2) State.--The term ``State'' means a State of the
United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
Sec. 20158. Warning in nonsignaled territory
Not later than 12 months after the date of enactment of the
Federal Railroad Safety Improvement Act of 2007, the Secretary
of Transportation shall prescribe regulations that require
railroads, with respect to main lines in nonsignaled territory
without a train speed enforcement system that would stop a
train in advance of a misaligned switch, to either--
(1) install an automatically activated device, in
addition to the switch banner, that will, visually or
electronically, compellingly capture the attention of
the employees involved with switch operations and
clearly convey the status of the switch both in
daylight and darkness; or
(2) operate trains at speeds that will allow them to
be safely stopped in advance of misaligned switches.
Sec. 20159. Track safety
(a) Rail Integrity.--Not later than 12 months after the date
of enactment of the Federal Railroad Safety Improvement Act of
2007, the Secretary of Transportation shall prescribe
regulations to require railroad carriers to manage the rail in
their tracks so as to minimize accidents due to internal rail
flaws. The regulations shall, at a minimum--
(1) require railroad carriers to conduct ultrasonic
or other appropriate inspections to ensure that rail
used to replace defective segments of existing rail is
free from internal defects;
(2) require railroad carriers to perform rail
integrity inspections to manage an annual service
failure rate of less than .1 per track mile on high-
risk corridors such as those that have significant
movements of hazardous materials or where commuter and
intercity passenger railroads operate; and
(3) encourage railroad carrier use of advanced rail
defect inspection equipment and similar technologies as
part of a comprehensive rail inspection program.
(b) Concrete Crossties.--Not later than 18 months after the
date of enactment of the Federal Railroad Safety Improvement
Act of 2007, the Secretary shall develop and implement
regulations for all classes of track for concrete crossties
that address, at a minimum--
(1) limits for rail seat abrasion;
(2) concrete crosstie pad wear limits;
(3) missing or broken rail fasteners;
(4) loss of appropriate toeload pressure;
(5) improper fastener configurations; and
(6) excessive lateral rail movement.
Sec. 20160. Certification of conductors
(a) Regulations.--Not later than 18 months after the date of
enactment of the Federal Railroad Safety Improvement Act of
2007, the Secretary of Transportation shall prescribe
regulations and issue orders to establish a program requiring
the certification of train conductors. In prescribing such
regulations, the Secretary shall require that conductors on
passenger trains be trained in security, first aid, and
emergency preparedness.
(b) Program Design.--The program established under this
section shall be designed based on the requirements of section
20135(b) through (e).
Sec. 20161. Minimum training standards
The Secretary of Transportation shall, not later than 180
days after the date of enactment of the Federal Railroad Safety
Improvement Act of 2007, establish--
(1) minimum training standards for each class and
craft of railroad employees, which shall require
railroad carriers to qualify or otherwise document the
proficiency of their employees in each 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;
(2) a requirement for railroad carriers to submit
their training and qualification programs to the
Federal Railroad Safety Administration for approval;
and
(3) a minimum training curriculum, and ongoing
training criteria, testing, and skills evaluation
measures to ensure that railroad 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, or injury. In implementing the requirements
of this paragraph, the Secretary shall take into
consideration existing training programs of railroad
carriers.
Sec. 20162. Prompt medical attention
(a) Prohibition.--A railroad or person covered under this
title shall 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 medically
appropriate hospital.
(b) Discipline.--A railroad or person covered under this
title shall 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.
For purposes of this subsection, 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.
Sec. 20163. Emergency escape breathing apparatus
Not later than 18 months after the date of enactment of the
Federal Railroad Safety Improvement Act of 2007, the Secretary
of Transportation shall prescribe regulations that require
railroads to--
(1) provide emergency escape breathing apparatus for
all crewmembers on freight trains carrying hazardous
materials that would pose an inhalation hazard in the
event of release; and
(2) provide their crewmembers with appropriate
training for using the breathing apparatus.
Sec. 20164. Certification of carmen
(a) Regulations.--Not later than 18 months after the date of
enactment of the Federal Railroad Safety Improvement Act of
2007, the Secretary of Transportation shall prescribe
regulations and issue orders to establish a program requiring
the certification of carmen, including all employees performing
mechanical inspections, brake system inspections, or
maintenance on freight and passenger rail cars.
(b) Program Design.--The program established under this
section shall be designed by the Secretary of Transportation
based on the requirements of parts 215, 221, 231, 232, and 238
of title 49 of the Code of Federal Regulations.
Sec. 20165. Fostering introduction of new technology to improve safety
at highway-rail grade crossings
(a) Findings.--(1) Collisions between highway users and
trains at highway-rail grade crossings continue to cause an
unacceptable loss of life and serious personal injury and also
threaten the safety of rail transportation.
(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.
(3) Conventional highway traffic control devices such as
flashing lights and gates are effective in warning motorists of
a train's approach to an equipped crossing.
(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.
(5) The emergence of new technologies supporting Intelligent
Transportation Systems presents opportunities for more
effective and affordable warnings and safer passage of highway
users and trains at remaining highway-rail grade crossings.
(6) Implementation of new crossing safety technology will
require extensive cooperation between highway authorities and
railroad carriers.
(7) Federal Railroad Safety 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.
(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.
* * * * * * *
CHAPTER 211--HOURS OF SERVICE
Sec
21101. Definitions.
* * * * * * *
21109. Fatigue management plans.
21110. Regulatory authority.
* * * * * * *
Sec. 21101. Definitions
In this chapter--
(1) * * *
* * * * * * *
(4) ``signal employee'' means an individual [employed
by a railroad carrier] who is engaged in installing,
repairing, or maintaining signal systems.
* * * * * * *
Sec. 21103. Limitations on duty hours of train employees
[(a) General.--Except as provided in subsection (c) of this
section, a railroad carrier and its officers and agents may not
require or allow a train employee to remain or go on duty--
[(1) unless that employee has had at least 8
consecutive hours off duty during the prior 24 hours;
or
[(2) after that employee has been on duty for 12
consecutive hours, until that employee has had at least
10 consecutive hours off duty.]
(a) General.--Except as provided in subsection (c) of this
section, a railroad carrier and its officers and agents may not
require or allow a train employee to remain or go on duty--
(1) unless that employee has had at least 10
consecutive hours off duty during the prior 24 hours;
(2) for a period in excess of 12 consecutive hours;
or
(3) unless that employee has had at least one period
of at least 24 consecutive hours off duty in the past 7
consecutive days.
The Secretary may waive paragraph (3) if a collective
bargaining agreement provides a different arrangement and such
arrangement provides an equivalent level of safety.
(b) Determining Time on Duty.--In determining under
subsection (a) of this section the time a train employee is on
or off duty, the following rules apply:
(1) * * *
* * * * * * *
[(4) Time spent in deadhead transportation to a duty
assignment is time on duty, but time spent in deadhead
transportation from a duty assignment to the place of
final release is neither time on duty nor time off
duty.]
(4)(A)(i) Except as provided in clauses (ii) and
(iii), time spent in deadhead transportation to a duty
assignment, time spent waiting for deadhead
transportation, and time spent in deadhead
transportation from a duty assignment to a place of
final release is time on duty.
(ii) Time spent waiting for deadhead transportation
and time spent in deadhead transportation from a duty
assignment to a place of final release is neither time
on duty nor time off duty in situations involving
delays in the operations of the railroad carrier, when
the delays were caused by any of the following:
(I) A casualty.
(II) An accident.
(III) A track obstruction.
(IV) An act of God.
(V) A weather event causing a delay.
(VI) A snowstorm.
(VII) A landslide.
(VIII) A track or bridge washout.
(IX) A derailment.
(X) A major equipment failure which prevents
a train from advancing.
(XI) Other delay from a cause unknown or
unforeseeable to a railroad carrier and its
officers and agents in charge of the employee
when the employee left a designated terminal.
(iii) In addition to any time qualifying as neither
on duty nor off duty under clause (ii), at the election
of the railroad carrier, time spent waiting for
deadhead transportation and time spent in deadhead
transportation to the place of final release may be
treated as neither time on duty nor time off duty,
subject to the following limitations:
(I) Not more than 40 hours a month may be
elected by the railroad carrier, for an
employee, during the period from the date of
enactment of the Federal Railroad Safety
Improvement Act of 2007 to one year after such
date of enactment.
(II) Not more than 30 hours a month may be
elected by the railroad carrier, for an
employee, during the period beginning one year
after the date of enactment of the Federal
Railroad Safety Improvement Act of 2007 and
ending two years after such date of enactment.
(III) Not more than 10 hours a month may be
elected by the railroad carrier, for an
employee, during the period beginning two years
after the date of enactment of the Federal
Railroad Safety Improvement Act of 2007.
(B) Each railroad carrier shall report to the
Secretary of Transportation, in accordance with
procedures contained in 49 CFR 228.19, each instance
within 30 days after the calendar month in which the
instance occurs that a member of a train or engine crew
or other employee engaged in or connected with the
movement of any train, including a hostler, exceeds 12
consecutive hours, including--
(i) time on duty; and
(ii) time spent waiting for deadhead
transportation and the time spent in deadhead
transportation from a duty assignment to the
place of final release, that is not time on
duty.
(C) If--
(i) the time spent waiting for deadhead
transportation, and the time spent in deadhead
transportation from a duty assignment to the
place of final release, that is not time on
duty; plus
(ii) the time on duty,
exceeds 12 consecutive hours, the railroad carrier and
its officers and agents shall provide the train
employee with additional time off duty equal to the
number of hours that such sum exceeds 12 hours.
* * * * * * *
(d) 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), a railroad carrier, and its managers,
supervisors, officers, and agents, shall not communicate with
the train employee by telephone, by pager, or in any other
manner that could disrupt the employee's rest. Nothing in this
subsection shall prohibit communication necessary to notify an
employee of an emergency situation posing potential risks to
the employee's safety or health.
Sec. 21104. Limitations on duty hours of signal employees
[(a) General.--(1) In paragraph (2)(C) of this subsection,
``24-hour period'' means the period beginning when a signal
employee reports for duty immediately after 8 consecutive hours
off duty or, when required under paragraph (2)(B) of this
subsection, after 10 consecutive hours off duty.
[(2) Except as provided in subsection (c) of this section, a
railroad carrier and its officers and agents may not require or
allow a signal employee to remain or go on duty--
[(A) unless that employee has had at least 8
consecutive hours off duty during the prior 24 hours;
[(B) after that employee has been on duty for 12
consecutive hours, until that employee has had at least
10 consecutive hours off duty; or
[(C) after that employee has been on duty a total of
12 hours during a 24-hour period, or after the end of
that 24-hour period, whichever occurs first, until that
employee has had at least 8 consecutive hours off
duty.]
(a) General.--Except as provided in subsection (c) of this
section, a railroad carrier and its officers and agents may not
require or allow a signal employee, and a railroad contractor
and its officers and agents may not require or allow a signal
employee, to remain or go on duty--
(1) unless that employee has had at least 10
consecutive hours off duty during the prior 24 hours;
(2) for a period in excess of 12 consecutive hours;
or
(3) unless that employee has had at least one period
of at least 24 consecutive hours off duty in the past 7
consecutive days.
The Secretary may waive paragraph (3) if a collective
bargaining agreement provides a different arrangement and such
arrangement provides an equivalent level of safety.
(b) Determining Time on Duty.--In determining under
subsection (a) of this section the time a signal employee is on
duty or off duty, the following rules apply:
(1) * * *
* * * * * * *
(3) Time spent returning from a trouble call, whether
the employee goes directly to the employee's residence
or by way of the employee's headquarters, is neither
time on duty nor time off duty[, except that up to one
hour of that time spent returning from the final
trouble call of a period of continuous or broken
service is time off duty].
* * * * * * *
(c) Emergencies.--A signal employee may be allowed to remain
or go on duty for not more than 4 additional hours in any
period of 24 consecutive hours for not more than 3 days during
a period of 7 consecutive days when an emergency exists and the
work of that employee is related to the emergency. In this
subsection, an emergency ends when the signal system is
restored to service. 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.
(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, and its
managers, supervisors, officers, and agents, shall not
communicate with the signal employee by telephone, by pager, or
in any other manner that could disrupt the employee's rest.
Nothing in this subsection shall prohibit communication
necessary to notify an employee of an emergency situation
posing potential risks to the employee's safety or health.
(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 Safety Administration.
* * * * * * *
Sec. 21106. Limitations on employee sleeping quarters
(a) In General.--A railroad carrier and its officers and
agents--
(1) * * *
* * * * * * *
(b) Camp Cars.--Effective 12 months after the date of
enactment of this subsection, a railroad carrier and its
officers and agents may not provide sleeping quarters through
the use of camp cars, as defined in Appendix C to part 228 of
title 49 of the Code of Federal Regulations, for employees and
any individuals employed to maintain the right of way of a
railroad carrier.
* * * * * * *
Sec. 21109. Fatigue management plans
(a) Plan Submission.--
(1) Requirement.--Each railroad carrier shall submit
to the Secretary of Transportation, and update at least
once every 2 years, a fatigue management plan that is
designed to reduce the fatigue experienced by railroad
employees and to reduce the likelihood of accidents and
injuries caused by fatigue. The plan shall address the
safety effects of fatigue on all employees performing
safety sensitive functions, including employees not
covered by this chapter. The plan shall be submitted
not later than 1 year after the date of the enactment
of this section, or not later than 45 days prior to
commencing operations, whichever is later.
(2) Contents of plan.--The fatigue management plan
shall--
(A) identify and prioritize all situations
that pose a risk for safety that may be
affected by fatigue;
(B) include the railroad carrier's--
(i) rationale for including and not
including each element described in
subsection (b)(2) in the plan;
(ii) analysis supporting each element
included in the plan; and
(iii) explanations for how each
element in the plan will reduce the
risk associated with fatigue;
(C) describe how every condition on the
railroad carrier's property, and every type of
employee, that is likely to be affected by
fatigue is addressed in the plan; and
(D) include the name, title, address, and
telephone number of the primary person to be
contacted with regard to review of the plan.
(3) Approval.--(A) The Secretary shall review each
proposed plan and approve or disapprove such plan based
on whether the requirements of this section are
sufficiently and appropriately addressed and the
proposals are adequately justified in the plan.
(B) If the proposed plan is not approved, the
Secretary shall notify the affected railroad carrier as
to the specific points in which the proposed plan is
deficient, and the railroad carrier shall correct all
deficiencies within 30 days following receipt of
written notice from the Secretary. If a railroad
carrier does not submit a plan (or, when directed by
the Secretary, an amended plan), or if a railroad
carrier's amended plan is not approved by the
Secretary, the Secretary shall prescribe a fatigue
management plan for the railroad carrier.
(4) Employee participation.--(A) Each affected
railroad carrier shall consult with, and employ good
faith and use its best efforts to reach agreement by
consensus with, all of its directly affected employee
groups on the contents of the fatigue management plan,
and, except as provided in subparagraph (C), shall
jointly with such groups submit the plan to the
Secretary.
(B) In the event that labor organizations represent
classes or crafts of directly affected employees of the
railroad carrier, the railroad carrier shall consult
with these organizations in drafting the plan. The
Secretary may provide technical assistance and guidance
to such parties in the drafting of the plan.
(C) If the railroad carrier and its directly affected
employees (including any 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--
(i) the railroad carrier shall file the plan
with the Secretary; and
(ii) directly affected employees and labor
organizations representing a class or craft of
directly affected employees may, at their
option, file a statement with the Secretary
explaining their views on the plan on which
consensus was not reached.
(b) Elements of the Fatigue Management Plan.--
(1) Consideration of varying circumstances.--Each
plan filed with the Secretary under the procedures of
subsection (a) shall take into account the varying
circumstances of operations by the railroad carrier on
different parts of its system, and shall prescribe
appropriate fatigue countermeasures to address those
varying circumstances.
(2) Issues affecting all employees performing safety
sensitive functions.--The railroad carrier shall
consider the need to include in its fatigue management
plan elements addressing each of the following issues:
(A) Education and training on the
physiological and human factors that affect
fatigue, as well as strategies to counter
fatigue, based on current and evolving
scientific and medical research and literature.
(B) Opportunities for identification,
diagnosis, and treatment of any medical
condition that may affect alertness or fatigue,
including sleep disorders.
(C) Effects on employee fatigue of emergency
response involving both short-term emergency
situations, including derailments, and long-
term emergency situations, including natural
disasters.
(D) Scheduling practices involving train
lineups and calling times, including work/rest
cycles for shift workers and on-call employees
that permit employees to compensate for
cumulative sleep loss by guaranteeing a minimum
number of consecutive days off (exclusive of
time off due to illness or injury).
(E) Minimizing the incidence of fatigue that
occurs as a result of working at times when the
natural circadian rhythm increases fatigue.
(F) Alertness strategies, such as policies on
napping, to address acute sleepiness and
fatigue while an employee is on duty.
(G) Opportunities to obtain restful sleep at
lodging facilities, including sleeping quarters
provided by the railroad carrier.
(H) In connection with the scheduling of a
duty call, increasing the number of consecutive
hours of rest off duty, during which an
employee receives no communication from the
employing railroad carrier or its managers,
supervisors, officers, or agents.
(I) Avoiding abrupt changes in rest cycles
for employees returning to duty after an
extended absence due to circumstances such as
illness or injury.
(J) Additional elements as the Secretary
considers appropriate.
(c) Compliance and Enforcement.--
(1) Compliance requirement.--Effective upon approval
or prescription of a fatigue management plan,
compliance with that fatigue management plan becomes
mandatory and enforceable by the Secretary.
(2) Effective date.--A fatigue management plan may
include effective dates later than the date of approval
of the plan, and may include different effective dates
for different parts of the plan.
(3) Audits.--To enforce this section, the Secretary
may conduct inspections and periodic audits of a
railroad carrier's compliance with its fatigue
management plan.
(d) Definition.--For purposes of this section the term
``directly affected employees'' means employees, including
employees of an independent contractor or subcontractor, to
whose hours of service the terms of a fatigue management plan
specifically apply.
Sec. 21110. Regulatory authority
The Secretary of Transportation may by regulation--
(1) 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,
based on scientific and medical research; or
(2) increase the minimum hours an employee may be
required or allowed to rest to a level greater than the
level established under this chapter, based on
scientific and medical research.
* * * * * * *
CHAPTER 213--PENALTIES
SUBCHAPTER I--CIVIL PENALTIES
Sec
21301. Chapter 201 general violations.
* * * * * * *
SUBCHAPTER II--CRIMINAL PENALTIES
* * * * * * *
21312. Interfering with or hampering safety investigations.
* * * * * * *
SUBCHAPTER I--CIVIL PENALTIES
Sec. 21301. Chapter 201 general violations
(a) Penalty.--(1) A person may not fail to comply with
section 20157 or with a regulation prescribed or order issued
by the Secretary of Transportation under chapter 201 of this
title. Subject to section 21304 of this title, a person
violating section 20157 of this title or a regulation
prescribed or order issued by the Secretary under chapter 201
is liable to the United States Government for a civil penalty.
The Secretary shall impose the penalty applicable under
paragraph (2) of this subsection. A separate violation occurs
for each day the violation continues.
(2) The Secretary shall include in, or make applicable to,
each regulation prescribed and order issued under chapter 201
of this title a civil penalty for a violation. The Secretary
shall impose a civil penalty for a violation of section 20157
of this title. The amount of the penalty shall be at least $500
but not more than [$10,000] $25,000. However, when a grossly
negligent violation or a pattern of repeated violations has
caused an imminent hazard of death or injury to individuals, or
has caused death or injury, the amount may be not more than
[$20,000] $100,000.
* * * * * * *
Sec. 21302. Chapter 201 accident and incident violations and chapter
203-209 violations
(a) Penalty.--(1) * * *
(2) The Secretary of Transportation imposes a civil penalty
under this subsection. The amount of the penalty shall be at
least $500 but not more than [$10,000] $25,000. However, when a
grossly negligent violation or a pattern of repeated violations
has caused an imminent hazard of death or injury to
individuals, or has caused death or injury, the amount may be
not more than [$20,000] $100,000.
* * * * * * *
Sec. 21303. Chapter 211 violations
(a) Penalty.--(1) * * *
(2) The Secretary of Transportation imposes a civil penalty
under this subsection. The amount of the penalty shall be at
least $500 but not more than [$10,000] $25,000. However, when a
grossly negligent violation or a pattern of repeated violations
has caused an imminent hazard of death or injury to
individuals, or has caused death or injury, the amount may be
not more than [$20,000] $100,000.
* * * * * * *
(c) Imputation of Knowledge.--In any proceeding under this
section, a railroad carrier is deemed to know the acts of its
[officers and agents] managers, supervisors, officers, and
agents.
* * * * * * *
SUBCHAPTER II--CRIMINAL PENALTIES
Sec. 21311. Records and reports
(a) * * *
(b) Accident and Incident Reports.--A railroad carrier not
filing the report required by section 20901 of this title shall
be fined not more than [$500] $2,500 for each violation and not
more than [$500] $2,500 for each day during which the report is
overdue.
Sec. 21312. Interfering with or hampering safety investigations
(a) In General.--It shall be unlawful for any person
knowingly to interfere with, obstruct, or hamper an
investigation by the Secretary of Transportation conducted
under section 20703 or 20902 of this title, or a railroad
investigation by the National Transportation Safety Board under
chapter 11 of this title.
(b) Intimidation and Harassment.--It shall be unlawful for
any person, with regard to an investigation conducted by the
Secretary under section 20703 or 20902 of this title, or a
railroad investigation by the National Transportation Safety
Board under chapter 11 of this title, knowingly or
intentionally to use intimidation, harassment, threats, or
physical force toward another person, or corruptly persuade
another person, or attempt to do so, or engage in misleading
conduct toward another person, with the intent or effect of--
(1) influencing the testimony or statement of any
person;
(2) hindering, delaying, preventing, or dissuading
any person from--
(A) attending a proceeding or interview with,
testifying before, or providing a written
statement to, a National Transportation Safety
Board railroad investigator, a Federal railroad
safety inspector or State railroad safety
inspector, or their superiors;
(B) communicating or reporting to a National
Transportation Safety Board railroad
investigator, a Federal railroad safety
inspector, or a State railroad safety
inspector, or their superiors, information
relating to the commission or possible
commission of one or more violations of this
part or of chapter 51 of this title; or
(C) recommending or using any legal remedy
available to the Secretary under this title; or
(3) causing or inducing any person to--
(A) withhold testimony, or a statement,
record, document, or other object, from the
investigation;
(B) alter, destroy, mutilate, or conceal a
statement, record, document, or other object
with intent to impair the integrity or
availability of the statement, record,
document, or other object for use in the
investigation;
(C) evade legal process summoning that person
to appear as a witness, or to produce a
statement, record, document, or other object,
in the investigation; or
(D) be absent from an investigation to which
such person has been summoned by legal process.
(c) Elements of Violation.--(1) For the purposes of this
section, the testimony or statement, or the record, document,
or other object, need not be admissible in evidence or free
from a claim of privilege.
(2) In a prosecution for an offense under this section, no
state of mind need be proved with respect to the circumstance
that the investigation is being conducted by the Secretary
under section 20703 or 20902 of this title or by the National
Transportation Safety Board under chapter 11 of this title.
(d) Criminal Penalties.--A person violating this section
shall be fined under title 18, imprisoned for not more than 1
year, or both.
* * * * * * *
PART C--PASSENGER TRANSPORTATION
* * * * * * *
CHAPTER 251--FAMILY ASSISTANCE
Sec.
25101. Plans to address needs of families of passengers involved in rail
passenger accidents.
Sec. 25101. Plans to address needs of families of passengers involved
in rail passenger accidents
(a) Submission of Plans.--Not later than 6 months after the
date of the enactment of this section, each rail passenger
carrier shall submit to the Secretary of Transportation and the
Chairman of the National Transportation Safety Board a plan for
addressing the needs of the families of passengers involved in
any rail passenger accident involving a train of the rail
passenger carrier and resulting in a major loss of life.
(b) Contents of Plans.--A plan to be submitted by a rail
passenger carrier under subsection (a) shall include, at a
minimum, the following:
(1) A plan for publicizing a reliable, toll-free
telephone number, and for providing staff, to handle
calls from the families of the passengers.
(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.
(3) An assurance that the notice described in
paragraph (2) will be provided 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) and, to the extent practicable, in
person.
(4) An assurance that the rail passenger carrier will
provide to the director of family support services
designated for the accident under section 1139(a)(1) of
this title, and to the organization designated for the
accident under section 1139(a)(2) of this title,
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.
(5) An assurance that 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.
(6) An assurance that if requested by the family of a
passenger, any possession of the passenger within the
control of the rail passenger carrier (regardless of
its condition) will be returned to the family unless
the possession is needed for the accident investigation
or any criminal investigation.
(7) An assurance that any unclaimed possession of a
passenger within the control of the rail passenger
carrier will be retained by the rail passenger carrier
for at least 18 months.
(8) 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.
(9) An assurance that the treatment of the families
of nonrevenue passengers will be the same as the
treatment of the families of revenue passengers.
(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.
(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.
(12) An assurance that the rail passenger carrier
will assist the family of a passenger in traveling to
the location of the accident and provide for the
physical care of the family while the family is staying
at such location.
(13) An assurance that the rail passenger carrier
will commit sufficient resources to carry out the plan.
(14) 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.
(15) 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.
(c) 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.
(d) Definitions.--In this section--
(1) the terms ``rail passenger accident'' and ``rail
passenger carrier'' have the meanings such terms have
in section 1139 of this title; and
(2) the term ``passenger'' means a person aboard a
rail passenger carrier's train that is involved in a
rail passenger accident.
(e) 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.
* * * * * * *
PART E--MISCELLANEOUS
* * * * * * *
CHAPTER 281--LAW ENFORCEMENT
* * * * * * *
Sec. 28101. Rail police officers
Under regulations prescribed by the Secretary of
Transportation, a rail police officer who is employed by a rail
carrier and certified or commissioned as a police officer under
the laws of a State may enforce the laws of any jurisdiction in
which [the rail carrier] any rail carrier owns property, to the
extent of the authority of a police officer certified or
commissioned under the laws of that jurisdiction, to protect--
(1) employees, passengers, or patrons of [the rail
carrier] any rail carrier;
(2) property, equipment, and facilities owned,
leased, operated, or maintained by [the rail carrier]
any rail carrier;
(3) property moving in interstate or foreign commerce
in the possession of [the rail carrier] any rail
carrier; and
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TITLE 23, UNITED STATES CODE
* * * * * * *
CHAPTER 1--FEDERAL-AID HIGHWAYS
* * * * * * *
SUBCHAPTER I--REPEALED
* * * * * * *
Sec. 130. Railway-highway crossings
(a) * * *
* * * * * * *
(l) National Crossing Inventory.--
(1) Initial reporting of crossing information.--Not
later than 1 year after the date of enactment of the
Federal Railroad Safety Improvement Act of 2007 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 crossing located within its
borders.
(2) Periodic updating of crossing information.--On a
periodic basis beginning not later than 3 years after
the date of enactment of the Federal Railroad Safety
Improvement Act of 2007 and on or before September 30
of every third 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 crossing
located within its borders.
(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
Federal Railroad Safety Improvement Act of 2007, until
such provision is superseded by a regulation issued
under this subsection.
(4) Definitions.--In this subsection, the terms
``crossing'' and ``State'' have the meaning given those
terms by section 20157(d)(1) and (2), respectively, of
title 49.
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