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                                                       Calendar No. 590
110th Congress                                                Report
2d Session                        SENATE                        110-270
=======================================================================

                RAILROAD SAFETY ENHANCEMENT ACT OF 2007 

                                _______
                                

                 March 3, 2008.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1889]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1889) to amend title 49, 
United States Code, to improve railroad safety by reducing 
accidents and to prevent railroad fatalities, injuries, and 
hazardous materials releases, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
(in the nature of a substitute) and recommends that the bill 
(as amended) do pass.

                          Purpose of the Bill

  S. 1889, the Railroad Safety Enhancement Act of 2007 (RSEA), 
is a bill to improve railroad safety by reducing railroad 
accidents and preventing railroad fatalities, injuries, and 
hazardous materials releases through enhanced Federal 
regulation of railroad operations and infrastructure and the 
development of new Federal and State railroad safety programs. 
To accomplish these purposes, S. 1889 would reauthorize the 
Federal Railroad Administration (FRA); require railroads to 
make changes in current operating, scheduling, and other 
practices to improve railroad safety; and authorize 
appropriations for FRA programs, research and development, and 
grants for fiscal year (FY) 2008 through FY 2013.

                          Background and Needs

  The Federal Railroad Safety Act of 1970 granted the Secretary 
of Transportation (Secretary) regulatory authority over all 
areas of railroad safety. By regulation, the Secretary has 
delegated this authority to the FRA, and its primary mission is 
to establish and enforce safety regulations for the U.S. 
railroad industry. The FRA also focuses on conducting research 
into safety issues through its research and development program 
and providing grants and loans to the railroad industry for 
infrastructure improvements and intercity passenger rail 
service. During the past 37 years, several refinements have 
been made to the Federal Railroad Safety Act of 1970 and the 
FRA's programs through various pieces of legislation. The FRA's 
last authorization, the Federal Railroad Safety Authorization 
Act of 1994, expired in FY 1998, and the agency has since been 
operating without an authorization of its programs.
  The FRA issues regulations that set forth standards for 
ensuring all aspects of railroad safety, including those 
governing railroad track, signals, equipment, and operating 
practices. Several of the FRA's regulations are developed 
through recommendations from the Railroad Safety Advisory 
Committee (RSAC), which was established in 1996 pursuant to the 
Federal Advisory Committee Act. The RSAC consists of 
approximately 40 members representing railroad management, 
labor groups, trade associations, and safety agencies at both 
the State and Federal levels. The FRA also enforces safety 
regulations regarding hazardous materials transported by rail 
that are promulgated by the Pipeline and Hazardous Materials 
Safety Administration (PHMSA).
  The FRA employs approximately 780 employees, including 440 
railroad safety inspectors, who operate from eight regional 
offices throughout the country and enforce compliance with FRA 
regulations by conducting routine inspections at railroads and 
facilities that ship hazardous materials by rail. Each of the 
FRA's inspectors normally specializes in one of five inspection 
disciplines: track, motive power and equipment, operating 
practices, signal and train control, and hazardous materials. 
The FRA also has employees who focus on grade-crossing safety, 
including the establishment of ``quiet zones'' \1\ and railroad 
bridge safety engineering. In addition to Federal inspectors, 
approximately 160 State rail inspectors augment the FRA 
inspection force, providing supplemental inspections and 
referring violations of Federal laws and regulations to the FRA 
for appropriate action. FRA inspectors also conduct 
investigations into select derailments and accidents.
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    \1\ A ``quiet zone'', as defined by the FRA in section 222.9 of 
title 49, Code of Federal Regulations, is a segment of a rail line, 
within which is situated one or a number of consecutive public highway-
rail crossings at which locomotive horns are not routinely sounded. In 
general, a quiet zone may be established if grade crossing protection 
devices provide sufficient safety protection to warrant the restriction 
of the sounding of locomotive horns except in emergencies.
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  To support the FRA's safety mission, the FRA's research and 
development office conducts research in the following areas: 
railroad system issues, including safety, security, and the 
environment; human performance in railroad operations; rolling 
stock and components; track and structures; train control; 
hazardous materials transportation; and other areas affecting 
safety. The FRA also owns Transportation Technology Center, 
Incorporated (TTCI) near Pueblo, Colorado, which is operated 
under contract by a subsidiary of the Association of American 
Railroads (AAR). This facility is used for a variety of 
railroad technology, operations, safety, and security research. 
TTCI was also recently added as a member of the National 
Domestic Preparedness Consortium in the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (Public Law 
110-53) to identify, develop, test, and deliver training to 
local and State emergency response providers.
  In addition to and often in coordination with the FRA, the 
National Transportation Safety Board (NTSB) investigates 
railroad accidents, determines their probable causes, and 
issues safety recommendations to various entities, including 
U.S. Department of Transportation (DOT) agencies. The 
Government Accountability Office (GAO) and the DOT Inspector 
General (DOT IG) periodically review the FRA's operations and 
make recommendations for the FRA to more efficiently direct its 
resources to improve railroad safety.
  In general, railroad operations are significantly safer today 
than they were when the Federal Railroad Safety Act of 1970 was 
enacted. Between 1978 and 2005, the total number of rail-
related accidents and incidents fell from approximately 91,000 
to 14,000, representing a decline of 85 percent. In recent 
years, however, the number of rail-related fatalities and the 
train accident rate have begun to rise, likely due to an 
increase in train miles, which totaled 811,000,000 in 2006 
compared to 677,000,000 in 1997. Additionally, trespasser 
deaths have recently surpassed highway-rail grade crossing 
incidents as the leading cause of railroad associated deaths. 
Together these trespasser and grade crossing incidents comprise 
94 percent of all rail-related accidents, injuries, and 
fatalities. Projected increases in railroad and highway traffic 
could drive further increases in rail-related accidents, 
incidents, and fatalities.
  The FRA categorizes reportable rail accidents into five 
general categories: human factors; track and structures; 
equipment; signal and train control; and miscellaneous. Human-
factor caused accidents represent the largest percentage of 
railroad accidents at approximately 37 percent of all 
accidents. Track-caused accidents follow closely behind at 
approximately 34 percent. It is clear that the FRA's 
implementation of the railroad safety laws and initiatives has, 
in total, had extensive positive impacts on safety, but the FRA 
and the railroad industry need additional direction and 
authorization to implement new programs that will further 
reduce the number and rates of rail-related accidents, 
incidents and fatalities.

              FATIGUE, HOURS OF SERVICE, AND HUMAN FACTORS

  The FRA accident and injury statistics show that human 
factor-caused accidents account for the largest percentage of 
all rail accidents. Such accidents are those in which an 
employee error stemming from human capabilities, such as 
perception, attention, memory, or behavior, is determined to be 
the cause.
  A major component of human factor-caused accidents is 
fatigue. Employee fatigue is suspected to be the cause of or a 
significant factor in many railroad accidents, although it is 
often difficult to prove fatigue as the direct cause of an 
accident. The NTSB has identified fatigue as a contributing 
cause of at least 18 significant railroad accidents since 1984. 
Recent examples include the accident in Anding, Mississippi, on 
July 10, 2005, where two trains collided after one of them 
failed to comply with a signal requiring it to stop. Six 
locomotives and 17 cars derailed, spilling diesel fuel that 
burned for over 15 hours. All four crew members were killed in 
the accident. The NTSB determined that one crew's 
inattentiveness to the signal indication was likely a result of 
its employees being fatigued. In Macdona, Texas, on June 28, 
2004, two trains collided resulting in the derailment of four 
locomotive and 36 cars, and the release of liquefied chlorine. 
Two local residents and one railroad employee were killed from 
inhalation of chlorine gas. The resulting damage was estimated 
at $5.7 million. Again, the NTSB determined that the accident 
was caused by the crew's fatigue which resulted in its failure 
to observe a wayside signal.
  The Hours of Service Act, enacted in 1907, which limits the 
number of hours railroad employees may work in an effort to 
reduce fatigue, is routinely criticized as no longer suitable 
for regulating employee work schedules. The current hours of 
service (HOS) law permits train, signal, and dispatching 
service employees to work a maximum of 12 hours on-duty in a 24 
hour period. Off-duty periods must be at least 8 consecutive 
hours or, if the employee works 12 consecutive hours, the off-
duty period must be at least 10 consecutive hours. 
Interpretations of this Act also allow employees to work 
additional hours beyond these limits where an employee has been 
``relieved but not released'' from their job sites. This period 
is considered neither on-duty nor off-duty, and is known as 
``limbo time.'' Although it is uncertain whether this has ever 
occurred, the current HOS structure could permit an employee to 
work 400 hours in a 30-day period. Regardless of whether 
employees work the maximum hours permitted, the combination of 
long hours, irregular work and rest cycles, and lack of regular 
days off have been shown to have a deleterious effect on 
employee alertness.
  Research conducted by the DOT, the FRA, and others has 
demonstrated that fatigue impairs mental acuity, judgment, and 
reaction times, but the cause of any specific human performance 
failure can be extremely difficult to pinpoint. The DOT, the 
FRA, and the NTSB are working with major railroads and labor 
organizations to determine how to manage fatigue. The FRA 
recently gathered more data about fatigue through the Switching 
Operations Fatality Analysis (SOFA) Working Group, which 
determined that fatigue largely related to biological rhythms 
or time of day was likely responsible for a large part of SOFA-
analyzed accidents. The FRA also issued one study and two 
reports in late 2006 that confirmed that there is a reliable 
relationship between the time of day of human factor-caused 
accidents and the expected, normal circadian rhythm. These 
findings provide an enhanced foundation for fatigue management 
in railroad occupations. The North American Rail Alertness 
Partnership serves as an ongoing forum for dialogue regarding 
present challenges, current research, and the results of 
voluntary efforts to resolve fatigue in the railroad 
industries.

                            TRACK INSPECTION

  Track-caused accidents are the second-largest cause of all 
train accidents, comprising 34 percent of all train accidents. 
The FRA determined that some of the leading causes of track 
related accidents, including broken rails and rail joint bars, 
are very hard to detect through normal track inspection 
procedures. The FRA and the industry are developing more 
sophisticated track inspection technology to better detect 
internal rail defects that could potentially be deployed at 
relatively low costs. For example, the FRA is developing an 
automated high-resolution video joint bar inspection system 
that will have the capability of being deployed on a hi-rail 
vehicle to better detect visual cracks. This new system, as 
well as others, may also help reduce track inspection time.
  In addition to methods of detecting track or rail defects, 
the increase of rail traffic has also made it more difficult 
for railroad and FRA track inspectors to get adequate time to 
properly inspect the track, also known as ``track time.'' 
Specifically, the NTSB, based on findings related to an 
accident in Home Valley, Washington, raised a concern that 
railroads are not permitting their own track inspectors enough 
track time or authority to occupy railroad tracks for 
maintenance and inspection purposes, especially on dense, 
shared freight and passenger routes. The NTSB attributed the 
cause of the accident, in part, to failure of the railroad to 
respond to reports of possible track problems with appropriate 
inspections. In similar instances, not only can the limitation 
of track time pose concerns regarding the adequacy of the 
inspections that occur under such time constraints but may also 
lead to instances where low-level defects are left unaddressed 
because track inspectors and maintenance personnel must use the 
limited time available to them to repair the most obvious and 
severe defects immediately. Such latent defects can develop, 
over time, into serious safety concerns but may never get 
appropriate attention.

         POSITIVE TRAIN CONTROL (PTC) AND OTHER NEW TECHNOLOGY

  The railroad industry is quickly developing and deploying new 
technology to improve the safety, security, and efficiency of 
operations, some of which were not fully contemplated when 
railroad safety laws and regulations were written. Therefore, 
laws and regulations related to this technology need to be 
updated to provide guidance to the industry for developing and 
deploying such technology in a manner consistent with safety. 
It is anticipated that a more certain regulatory regime for 
this new technology will motivate railroads and suppliers to 
develop and deploy such products.
  The most advanced of this emerging technology is PTC, which 
is a generic term for integrated command, control, 
communications, and information systems that control train 
movements. Both the NTSB and the FRA agree that PTC systems can 
improve railroad safety by significantly reducing the 
probability of train-to-train collisions, overspeed 
derailments, and incursion into roadway worker work limits. 
Remote intervention capability, which allows the system to stop 
or slow a train should the locomotive crew become incapacitated 
or fail to respond in accordance with required actions, is 
central to all PTC systems. The use of PTC technology is a 
departure from the method governing most train movements today, 
which is generally conducted through the use of wayside signals 
and/or written operating authorities that grant track occupancy 
to trains, but provides for an equivalent or greater level of 
safety.
  PTC has been on the NTSB's list of ``most-wanted'' 
initiatives for national transportation safety since the NTSB 
created the list in 1990. The NTSB has estimated that 
approximately 40 to 60 accidents that could result in seven 
fatalities and 55 injuries could be prevented by PTC each year. 
In addition to providing a greater level of safety, PTC systems 
may also enable a railroad to improve scheduling of operations, 
running time, reliability, asset utilization, and track 
capacity. The operational transparency provided by PTC should 
also assist railroads in measuring and managing costs and 
improving efficiency. Collisions like the one that occurred in 
Graniteville, South Carolina, on January 6, 2005, in which an 
employee's failure to properly line a track switch resulted in 
the derailment of several railroad cars and the release of 
chlorine gas, killing nine people, could have been prevented by 
a PTC system.
  Several railroads, the AAR, the FRA, and various suppliers 
have been working on developing PTC systems for over 20 years. 
With over five active PTC systems currently being operated or 
tested, the cost, sophistication, and reliability of these 
systems are approaching or have reached deployable levels. On 
March 7, 2005, the FRA issued a final rule, Standards for 
Development and Use of Processor-Based Signal and Train Control 
Systems. To date, one railroad has obtained FRA approval of its 
PTC system, and the majority of the Class I railroads \2\ have 
PTC systems under development. Amtrak also operates a PTC 
system on the Northeast Corridor and in Michigan; that system 
was grandfathered under the FRA's PTC final rule.
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    \2\ U.S. Class I Railroads are line haul freight railroads with 
operating revenue in excess of $277.7 million. In 2007, the U.S. Class 
I railroads were: BNSF Railway, CSX Transportation, Canadian National's 
Grand Trunk Corporation, Kansas City Southern Railway, Norfolk Southern 
Combined Railroad Subsidiaries, Canadian Pacific's Soo Line Railroad, 
and Union Pacific Railroad.
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  However, the deployment of PTC systems has not been as rapid 
or as widespread as it could be. The critical issues 
surrounding deployment of PTC are the development of standards 
for interoperability, cost-benefit calculations, and funding. 
While PTC can clearly enhance the safety of mainline 
operations, many railroads believe that under current operating 
practices, the benefits do not outweigh the estimated $6 to $8 
billion cost of deployment for the entire U.S. railroad 
network. Railroads particularly note that the large majority of 
non-grade crossing and trespasser accidents and deaths occur in 
yards or terminals or are due to track defects and that PTC 
systems offer limited or no value in reducing or preventing 
such accidents. Mainline rail collisions make up only two 
percent of accidents and have been reduced by 82 percent since 
1980. Many railroads feel that spending significant capital 
resources to address yard and track safety concerns, which are 
far more prevalent within the industry, would provide more 
safety benefits for their investment. However, the NTSB, the 
FRA, and others have suggested that the operational and 
productivity benefits, added to the safety enhancements, will 
make PTC a worthwhile investment for certain rail lines and 
operations, especially routes with dual passenger and freight 
operations and hazardous materials shipments.
  Electronically controlled pneumatic (ECP) brakes are another 
innovation in the railroad industry that is expected to reduce 
human factor-caused accidents by improving train handling and 
eliminating misuse of automatic braking systems. ECP brakes 
have been proven to reduce stopping distances for trains by 
uniformly applying brakes throughout an entire train. This can 
help prevent train collisions. The FRA is currently preparing a 
rule to amend train air brake requirements to ensure that ECP 
brakes are deployed safely and, in the mean time, is working 
with railroads to encourage the use of this technology.

                  GRADE CROSSING AND TRESPASSER SAFETY

  Grade crossing and trespasser incidents account for about 94 
percent of all deaths related to train operations. The number 
of grade crossing deaths has declined substantially and 
steadily over the last decade. In the past few years, however, 
the number of grade crossing collisions has increased, which is 
likely due to the increase in rail and motor vehicle traffic.
  The DOT IG has issued four reports, in 1999, 2004, 2005, and 
2007, about the FRA's oversight of highway-rail grade crossing 
accidents. The reports found that the FRA had not identified 
collisions that the railroads were required to report to the 
National Response Center (NRC), had conducted investigations on 
less than one percent of grade crossing collisions, and had not 
taken strong actions to enforce the highway-rail grade crossing 
regulations. The latest report also found that the FRA has no 
assurance that sight obstructions at grade crossings are 
addressed in State laws.
  In response to these audits, the FRA has issued a Safety 
Advisory that describes the roles of the Federal and State 
governments and the railroads in grade crossing safety and 
reemphasizes the requirements of the FRA regulations. In 2004, 
the FRA also issued an action plan for Highway-Rail Crossing 
Safety and Trespass Prevention, which sets forth a series of 
initiatives in the area of engineering, education and 
enforcement. The FRA also has begun reviewing private grade 
crossings, at which about 10 percent of grade crossing 
accidents occur, to determine what actions need to be taken to 
address safety at these crossings. The FRA has also issued 
several civil penalties against railroads that do not 
immediately report accidents to the NRC. However, the FRA has 
not yet addressed the sight obstruction issue. The DOT IG and 
the FRA recognize that more needs to be done to reduce grade 
crossing accidents and injuries.
  Relying primarily on funding made available through the 
Federal Highway Administration (FHWA) pursuant to section 130 
of title 23, United States Code, (Section 130) most States have 
gradually upgraded crossing warning devices, especially at the 
State's most dangerous crossings. Since its inception in 1974, 
the FHWA estimates that the Section 130 program has distributed 
$3.8 billion in funds and been responsible for the construction 
of 30,000 active crossing warning devices that helped prevent 
more than 10,000 deaths and over 50,000 injuries. Nevertheless, 
scores of thousands of public and private crossings have only 
passive warning devices, and collisions continue to occur at 
crossings with fully operational active warning devices where 
motorists disregard the warnings. Supplementary safety measures 
such as traffic channelization devices or four-quadrant gate 
systems that would prevent such behavior have been installed on 
only a limited basis.
  Reducing trespasser deaths remains a significant challenge 
facing railroads and the FRA. Since 1997, events involving 
trespassing have become the major cause of rail-related deaths, 
surpassing highway-rail grade crossing incidents. According to 
FRA data, through the first eight months of 2006, trespassing 
events represented 58 percent of all rail-related deaths, the 
highest percentage since 1975. While detection systems can be 
designed to detect actions by trespassers who tamper with 
structures and facilities, many fatalities involve people 
trespassing on railroad rights of way that are often viewed by 
the public as convenient routes through communities. 
Additionally, a significant portion of trespasser fatalities 
are suicides. The FRA and railroads have come up with few 
solutions to this growing problem. In 2004, the Secretary 
instituted the Action Plan for Highway-Rail Crossing Safety and 
Trespass Prevention, which sets forth a series of initiatives 
in the fields of engineering, education, and enforcement. In 
2005, the FRA instituted its National Rail Safety Action Plan 
as its strategic enforcement plan and part of which includes 
fostering further improvements in highway-rail grade crossing 
safety and trespassing accident prevention. Despite this 
initiative, the FRA reported that highway-rail grade crossing 
fatalities increased by 2.2 percent and trespasser fatalities 
increased by 13.6 percent in 2006.

                              SOLID WASTE

  A loophole exists in Federal law that exempts railroads that 
conduct solid waste handling or processing from complying with 
State health, safety, and environmental laws with which other 
solid waste handling and processing facilities must comply. 
This loophole came to light within the past few years when a 
few companies in the Northeast began hauling municipal solid 
waste (MSW) and construction and demolition (C&D;) debris by 
railroad and claimed that as ``railroads'' they were Federally 
protected from complying with local health, safety, and 
environmental laws. The Surface Transportation Board, which 
currently has Federal jurisdiction over railroad rate, service, 
and restructuring issues, including construction of new rail 
lines and facilities, has not actively exercised that 
jurisdiction over railroads that also handle and process solid 
waste, leaving many of these facilities wholly unregulated by 
any entity. The lack of regulation of these facilities has 
allowed certain rail waste transfer and processing facilities 
to engage in practices that are widely considered unsafe and 
detrimental to health, safety, and the environment. It is 
anticipated that due to increased demand for new solid waste 
disposal methods for densely populated regions of the United 
States that the business of processing and handling solid waste 
and shipping it via rail will increase throughout the nation in 
the future.

                         Summary of Provisions

          RAILROAD SAFETY STRATEGY AND RISK REDUCTION PROGRAMS

  To refocus the Secretary's railroad safety programs and to 
further reduce the numbers and rates of accidents, injuries, 
and fatalities, the bill would require the Secretary to develop 
and submit with the President's budget a long-term strategy for 
improving railroad safety. The strategy would have to address 
several goals, including improving the consistency and 
effectiveness of enforcement programs, improving the 
identification of high-risk highway-rail grade crossings; 
preventing trespasser accidents, injuries, and fatalities; and 
improving the safety of railroad bridges and tunnels.
  The bill would also authorize a railroad safety risk 
reduction program, which has proven successful in other 
industries and in other countries for reducing accidents and 
injuries. This type of program first requires an identification 
of root causes of accidents, injuries, and fatalities, and then 
requires the development of a program to manage railroad 
operations and infrastructure, including human behavior, to 
prevent these root causes from occurring. To test this concept 
within the U.S. railroad industry, the bill would require the 
Secretary to develop, implement, and complete a railroad safety 
risk reduction pilot program within four years. The FRA has 
already begun to conduct research with the railroad industry in 
an effort to collect accident, incident, and fatality precursor 
data. The pilot program would be expected to be conducted in 
conjunction with this on-going research.
  This pilot program would be geared at systematically 
identifying and evaluating railroad safety risks, including 
collecting data about precursors to accidents that may not be 
readily identifiable through traditional inspection methods. 
Based on the risks identified, the Secretary would develop a 
program to manage those risks to improve safety by reducing the 
numbers and rates of accidents, injuries, and fatalities. The 
pilot program would be voluntary and those choosing to 
participate would submit applications to the Secretary. Six 
months after the completion of the project, the Secretary would 
be required to submit a report to Congress evaluating the pilot 
program. The bill would authorize funds for a grant program for 
railroads and railroad facilities selected by the Secretary to 
implement the program.
  Based on the evaluation and best practices gleaned from the 
pilot program, the Secretary would be required to develop 
regulations requiring each Class I railroad; railroad that the 
Secretary determines has inadequate safety performance; and 
railroad that provides intercity passenger or commuter rail 
passenger transportation to develop its own railroad safety 
risk reduction program. Similar to the risk reduction pilot 
program, railroads covered by these regulations would be 
required to perform system-wide safety analyses and develop an 
individualized program to address identified risks. If the 
identified risks could be reduced through the implementation of 
fatigue management methods or improved safety technology, the 
program would have to include a fatigue management plan and a 
technology implementation plan. If a PTC system is identified 
as an appropriate technology under the technology 
implementation plan, then a railroad would have to include a 
schedule for implementation of the PTC system by a date not 
later than December 31, 2018.

                        HOURS OF SERVICE REFORM

  To further reduce incidents of fatigue-related accidents, 
injuries, and fatalities, the bill would change the current HOS 
laws to reduce the number of hours that employees may work and 
increase the amount of rest and off-duty time provided to 
employees. Most notably, the bill increases the amount of rest 
required for train and signal employees to 10 hours within a 
24-hour period and institutes a new monthly cap that limits the 
amount of time that train employees may be on duty and the 
amount of time waiting for transportation to a place of final 
release from work (``deadhead transportation'') at the end of 
the 12 hour maximum on-duty period, known as ``limbo time,'' to 
276 hours per month. The bill would also cap the total number 
of hours that an employee could spend on-duty and waiting for 
deadhead transportation on a train at 15 hours, unless that 
train was delayed by an accident, a major equipment failure, or 
a delay resulting from a cause unknown and unforeseeable to a 
railroad carrier. Additionally, the bill would, for the first 
time, mandate rest days for train employees following long 
periods of consecutive days on-duty. The bill would require 
that such employees who work six days consecutively receive two 
consecutive days off at a home terminal, or alternatively, 
require that train employees who work seven days consecutively 
receive three consecutive days off at a home terminal, if such 
an arrangement is allowed under an existing collective 
bargaining agreement. The bill also would prohibit railroads 
from communicating with their employees during their 10 hours 
of time off-duty in a manner that could reasonably be expected 
to disrupt their rest, with the exception of notifying an 
employee of an emergency situation.
  The changes in the bill are intended to provide significant 
flexibility for railroads and labor organizations, consistent 
with improving railroad safety. The Committee recognizes that 
scheduling practices included in current or future collective 
bargaining agreements may provide for levels of safety beyond 
what is achieved through simple compliance with the existing 
HOS statute. Additionally, the Committee is sensitive to the 
impacts on efficient railroad operations and the earning 
potential for employees that any changes to the existing system 
may cause. The bill is structured to provide sufficient 
flexibility by providing several safe alternate scenarios for 
compliance.

   HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND TRESPASSER 
                               PREVENTION

  The bill would target gaps in the area of highway-rail grade 
crossing safety and enforcement to help the FRA and States to 
better combat highway-rail grade crossing, pedestrian, and 
trespasser accidents, injuries, and fatalities. It also would 
require railroads and States to update information about 
warning devices and signage at highway-rail grade crossings in 
the National Crossing Inventory. The bill also would require 
the Secretary to identify on an annual basis the States 
receiving funds for Federal highway-rail grade crossing 
projects that had the most highway-rail grade crossing 
collisions in the previous year. As a condition of receiving 
future funds, each of the States identified by the Secretary 
would be required to develop a State Grade Crossing Action Plan 
that identifies solutions for improving safety at grade 
crossings.
  The bill also would require the Secretary to issue guidance 
to railroads on strategies and methods to prevent pedestrian 
accidents; prescribe regulations to require railroads to 
improve sight distance at highway-rail grade crossings; develop 
regulations to require railroads to establish and maintain a 
telephone number to be posted at each highway-rail grade 
crossing for the public to report problems at highway-rail 
grade crossings; and to prevent trespassing.
  The Committee notes that a significant proportion of the 
total highway-rail grade crossing accidents occur in the States 
with the 10 highest levels of such accidents, largely due to 
the high number of crossings, density of train traffic, and 
number or route miles within such States. Therefore, the 
Committee believes focusing efforts on reducing accidents in 
these States will have a significant impact on the national 
total.

                    FEDERAL RAILROAD ADMINISTRATION

  S. 1889 includes a number of provisions to improve upon and 
strengthen the FRA's railroad safety program. To emphasize the 
importance of railroad safety, the bill would establish safety 
as the FRA's highest priority and designate the Associate 
Administrator for Railroad Safety as the Chief Safety Officer. 
To ensure that the FRA has the necessary expertise to implement 
the provisions of this bill and generally increase the agency's 
safety regulatory capabilities, the bill would require the FRA 
to hire 200 additional employees by FY 2013, with a focus on 
hiring employees who are specifically trained in areas 
determined to be critical to enhancing railroad safety. The 
bill also would further enhance the FRA's enforcement program 
by increasing the maximum civil penalty to $25,000 and the 
maximum civil penalty for a grossly negligent violation or a 
pattern of repeated violations that has caused an imminent 
hazard of death or injury to individuals, or has caused death 
or injury to $100,000. Additionally, the bill would grant the 
FRA the authority to prohibit individuals from performing 
safety-sensitive functions if they are found to have committed 
a violation of hazardous materials transportation law and would 
enhance the FRA's railroad radio monitoring authority for the 
purpose of accident prevention and accident investigation. 
Finally, the bill would provide certain Federal railroad 
security officers with access to law-enforcement information 
for the purpose of carrying out the civil and administrative 
responsibilities of the FRA Administrator.
  In response to lessons learned from recent natural disasters, 
including Hurricanes Katrina and Rita in 2005, S. 1889 would 
create a new emergency waiver process to assist railroads in 
quickly recovering after an emergency situation. The bill would 
grant the FRA the authority to issue to a requesting railroad 
an emergency waiver to Federal railroad safety regulations, 
without a public comment period, for a duration not exceeding 
nine months if the waiver is directly related to an emergency 
event or necessary to aid in a recovery effort related to such 
an event and if the granting of such a waiver is in the public 
interest and consistent with railroad safety. The FRA would be 
required to provide notice and an opportunity for a hearing 
subsequent to granting a waiver.
  This bill also would improve transparency of the FRA's 
enforcement program by requiring the FRA to publish an annual 
report on enforcement actions that it has taken in the prior 
year, including the number of inspections it conducted; the 
amount of penalties assessed against railroads, hazardous 
materials shippers, and individuals; the amount of those 
penalties that were reduced; and a listing of compliance 
orders, emergency orders, and precursor agreements. The FRA 
also would be required to analyze the effect of its enforcement 
actions on the number and rates of reported accidents and 
incidents. The FRA also would be required to update its public 
website to include a mechanism for the public to report 
potential railroad safety and hazardous materials 
transportation violations.
  In establishing safety as the FRA's highest priority, the 
Committee does not intend to diminish the railroad development 
and other related work that does not directly impact railroad 
safety that is carried out by the agency. Instead, the 
Committee expects the FRA to continue, and in fact expand, 
those efforts as evidenced by a significant increase in the 
FRA's role in intercity passenger railroad development 
envisioned in S. 294, the Passenger Rail Investment and 
Improvement Act of 2007, which was reported by the Committee on 
April 25, 2007, and approved by the Senate on October 30, 2007.

                      RAILROAD SAFETY ENHANCEMENTS

  Despite the generally safe nature of railroad operations, 
there are still areas that need significant improvement. To 
better ensure that all railroad carrier and railroad carrier 
contractor and subcontractor employees are fully trained to 
safely conduct their job functions, the bill would require the 
Secretary to issue regulations requiring railroad carriers and 
railroad carrier contractors and subcontractors to develop 
training plans for crafts and classes of employees. Employees 
would be required, at a minimum, to be trained on the 
requirements of Federal railroad safety laws, regulations, and 
orders and to be tested on their proficiency in the subject 
matter of the training. The railroad carriers and railroad 
carrier contractors and subcontractors would be required to 
submit the plans to the FRA for review and approval. The 
Secretary would have the authority to exempt railroad carriers 
or railroad carrier contractors and subcontractors from 
submitting training plans if the Secretary has issued training 
regulations prior to the bill's enactment.
  S. 1889 also would authorize a series of studies and reports 
to further investigate railroad safety matters. One study would 
require the Secretary to determine whether the intervals of 
track inspections for each class of track should be amended, 
track remedial action requirements should be amended, and 
different track inspection and repair priorities or methods 
should be required. The Secretary would be required to issue 
and implement recommendations for changes to the Federal track 
safety standards based on the results of the study. Another 
study would evaluate the safest, most efficient, and cost-
effective way to improve the safety of railroad passenger 
station platform gaps in order to increase compliance with the 
Americans with Disabilities Act (ADA) \3\ and its implementing 
regulations and to minimize the safety risks associated with 
such gaps for railroad passengers and employees. An additional 
study would require the Secretary to review the use of personal 
electronic devices, including cell phones, video games, and 
other distracting devices by safety related employees during 
the performance of such employees' duties and would grant the 
Secretary the authority to issue regulations to prohibit the 
use of such devices or to otherwise improve the safety of the 
locomotive cab environment after the report has been issued. 
The Secretary also would be required to complete a report to 
examine whether certification of certain crafts or classes of 
employees is necessary to reduce the number and rates of 
accidents and incidents or to improve railroad safety, and the 
bill would authorize the Secretary to issue regulations 
requiring certification of certain crafts or classes of 
employees based on the findings in the report.
-----------------------------------------------------------------------
    \3\ Public Law 101-336
-----------------------------------------------------------------------
  Recognizing that many of the provisions of S. 1889 could lead 
to the need for significant new safety investments by railroads 
carriers and that the Federal government and the nation has an 
interest in seeing such investments made promptly, the bill 
would authorize two grant programs for railroads, railroad 
suppliers, and State and local governments to improve railroad 
safety. The first program would authorize grants for the 
deployment of train control technologies, ECP brakes, rail 
integrity inspection systems, rail integrity warning systems, 
switch position indicators, remote control power switch 
technologies, track integrity circuit technologies, and other 
new or novel railroad safety technology. Grants would be 
available for projects that benefit the public by improving 
safety and railroad network efficiency, with priority given to 
projects that focus on deploying train control technologies 
within high-risk corridors, increasing technology 
interoperability, or benefitting both passenger and freight 
railroad operations. The bill would authorize $20,000,000 for 
each of FY 2008 through FY 2013. The second grant program 
contained in the bill would authorize grants for safety 
improvements to railroad infrastructure and facilities, 
including track, bridges, tunnels, yards, buildings, passenger 
stations, facilities, and maintenance and repair shops. In 
awarding grants, the Secretary would be required to consider 
the age and condition of the rail infrastructure of the 
applicant, the railroad's safety record, the volume of 
hazardous materials transported by the railroad, the operation 
of passenger trains over the railroad, and whether the railroad 
has submitted a railroad safety risk reduction program. The 
bill would authorize $15,000,000 for FY 2008 through FY 2013.
  Because many new rail safety technologies are already in 
various stages of development and deployment, the bill would 
require the Secretary to issue standards, guidance, regulations 
or orders governing the development, use, and implementation of 
new rail safety technology in un-signaled, or ``dark'' 
territory. Such new technology, including switch position 
monitoring devices and remote control switches could 
significantly enhance the safety of train operations on un-
signalized routes at costs significantly lower than the cost of 
full centralized traffic control (CTC) signalization.

               RAIL PASSENGER DISASTER FAMILY ASSISTANCE

  The bill would establish a process for the NTSB to provide 
assistance to families affected by rail passenger train 
disasters similar to the process now employed by the NTSB for 
providing assistance to families of aviation passenger disaster 
victims. The bill would require the Chairman of the NTSB to 
designate and publicize the name and phone number of a director 
of family support services and an independent non-profit 
organization to coordinate and provide services to families of 
passengers involved in railroad accidents. It would define the 
responsibilities of the NTSB and the designated non-profit 
organization in post-rail accident situations.
  It also would require rail passenger carriers, not later than 
six months after the date of enactment of this Act, to submit 
to the Chairman of the NTSB, the Secretary, and the Secretary 
of the Department of Homeland Security, a plan for addressing 
the needs of families of passengers involved in any rail 
passenger accident involving an Amtrak intercity train and 
resulting in loss of life. It would authorize $500,000 for FY 
2008 for the Secretary to carry out this new section.
  The Secretary, in cooperation with the NTSB, also would be 
required to create a task force, which includes rail passenger 
carriers and families who have been involved in rail accidents, 
to develop a model plan and recommendations on how passenger 
railroad carriers can provide assistance and notification to 
families of those passengers involved in railroad accidents.

       CLARIFICATION OF JURISDICTION OVER SOLID WASTE FACILITIES

  The bill would make changes to the Solid Waste Disposal Act 
and the jurisdiction of the Surface Transportation Board to 
clarify what environmental, health, and safety laws, 
regulations, and orders are applicable to railroad carriers 
that also process or store solid waste. The changes would 
require solid waste rail transfer facilities, within one year, 
to submit a completed application for permits from State and 
local jurisdictions in order continue to operate. The Committee 
approved this provision with the basic understanding that State 
and local governments are best equipped to regulate such 
facilities and that these facilities should generally be 
treated in a similar manner to other solid waste transfer 
facilities that are not associated with rail transportation. 
The Committee continues to work to refine this provision.

                          Legislative History

  S. 1889 was introduced on July 26, 2007, by Senator 
Lautenberg and co-sponsored by Senators Smith, Clinton, 
Schumer, and Kerry and was referred to the Senate Committee on 
Commerce, Science, and Transportation. A hearing on safety 
issues facing the railroad industry and a hearing on RSEA were 
held by the Commerce Committee's Subcommittee on Surface 
Transportation and Merchant Marine Infrastructure, Safety, and 
Security on May 22, 2007, and July 26, 2007, respectively. On 
September 27, 2007, the Committee met in open executive session 
and, by voice vote, ordered S. 1889 reported favorably, as 
amended, with an amendment in the nature of a substitute.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:
                                                 November 30, 2007.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1889, the Railroad 
Safety Enhancement Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                                    Peter R. Orszag
    Enclosure.

S. 1889--Railroad Safety Enhancement Act of 2007

    Summary: CBO estimates that S. 1889 would authorize the 
appropriation of about $1.9 billion over the 2008-2012 period. 
Those amounts include funds for:
     Operating the Federal Railroad Administration 
(FRA);
     Building a rail facility in Pueblo, Colorado;
     Providing 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.
    Assuming appropriation of the amounts authorized and 
estimated to be necessary, CBO estimates that implementing the 
bill would cost about $1.3 billion over the 2008-2012 period 
and about $600 million after 2012.
    CBO estimates that additional penalties of $60 million over 
the 2008-2017 period would be collected under the bill. Penalty 
collections are classified as revenues in the budget. Enacting 
S. 1889 could increase direct spending, but CBO estimates that 
any increase in direct spending would be insignificant.
    S. 1889 contains several intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA). The bill would require railroads to limit the number of 
hours worked by employees, certify and train employees, carry 
out safety procedures, and report certain information. It also 
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 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). Depending on future regulations, the 
cost to comply with some of the safety requirements could be 
substantial for private entities. However, because the cost for 
private entities to comply with those requirements is 
uncertain, CBO has no basis for determining whether the 
aggregate costs of mandates in the bill would exceed the annual 
threshold established in UMRA for private-sector mandates ($131 
million in 2007, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1889 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).
    Basis of estimate: For this estimate, CBO assumes that S. 
1889 will be enacted near the start of calendar year 2008, 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

    S. 1889 would reauthorize the programs of FRA through 2013. 
The current authorization for FRA expired at the end of fiscal 
year 1998 (although the agency has received appropriations in 
the intervening years). The legislation would specifically 
authorize the appropriation of about $1.9 billion over the next 
six years for FRA programs, including grants to improve the 
safety of rail operations. Of that total, DOT could use up to 
$271 million for research and development. In addition, title 5 
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.

-----------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 --------------------------------------
                                   2008    2009    2010    2011    2012
-----------------------------------------------------------------------
            CHANGES IN SPENDING SUBJECT TO APPROPRIATION \a\ 
Federal Rail Administration
 Programs:
    Authorization Level.........    245     260     270     280     290
    Estimated Outlays...........    172     219     253     275     285
Pueblo, Colorado, Facility:
    Authorization Level.........     18       0       0       0       0
    Estimated Outlays...........     11       4       2       1       0
Grants for Programs to Increase
 Rail Safety:
    Authorization Level.........     37      38      38      37      37
    Estimated Outlays...........      5      17      28      34      36
NTSB Assistance after Rail
 Accidents:
    Estimated Authorization           1       1       1       1       1
     Level......................
    Estimated Outlays...........      1       1       1       1       1
Total Spending Under S. 1889:
    Estimated Authorization         301     299     309     318     328
     Level......................
    Estimated Outlays...........    189     241     284     310     322
                         CHANGES IN REVENUES \b\
Estimated Revenues..............       6       6       6       6      6
-----------------------------------------------------------------------
 \a\. For 2008, a full-year appropriation has not yet been provided to
  the Department of Transportation; 2007 appropriations for programs
  that would be authorized by S. 1889 totaled about $200 million.
 \b\. CBO estimates that additional revenues of $6 million would be
  collected each year over the 2013-2017 period.

    Federal Rail Administration (FRA)--The bill would require 
railroad operators to comply with new safety requirements in 
the bill and would require FRA to establish a chief safety 
officer. Under the provisions of the bill, FRA would:
     Administer new safety grants;
     Establish pilot programs to evaluate and manage 
risks to safety on railroads and reduce fatigue of rail 
employees;
     Hire new employees;
     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 about $1.6 
billion over the 2008-2012 period, and $337 million in 2013 for 
support of those programs. CBO estimates that implementing 
those provisions would cost $1.3 billion over the 2008-2012 
period, and about $600 million thereafter.
    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 Testing and Training 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.--S. 1889 would 
direct FRA to administer three new grant programs. Assuming 
appropriation of the specified amounts, CBO estimates that 
grants would cost $120 million over the 2008-2012 period and 
$104 million thereafter. The grants would support the increased 
use of technologies and the construction, improvement, and 
rehabilitation of infrastructure to increase rail safety. The 
grants also would support Operation Lifesaver--a nonprofit 
organization with the mission to end accidents at grade 
crossings.
    Grants for the Deployment of Railroad Safety Technology.--
Section 406 would authorize the appropriation of funds to 
support the deployment of several technologies intended to 
increase the safety of rail operations. The bill would 
authorize the appropriation of $20 million annually over the 
2008-2013 period for such grants.
    Grants for Operation Lifesaver.--Section 206 would direct 
FRA 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 a year of contract authority (budget authority that is 
subject to annual obligation limitations) through fiscal year 
2009. The bill would specifically authorize the appropriation 
of an additional $2 million annually over the 2008-2010 period 
and $1.5 million annually over the 2011-2013 period for 
Operation Lifesaver.
    NTSB Assistance After Rail Accidents.--Title 5 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

    S. 1889 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 FRA, under current law, such civil fines generate 
about $15 million in revenues annually. CBO expects that an 
increase in the fines would decrease the number of violations, 
but we expect that the increased penalties would generate 
additional revenues of $6 million a year.
    Intergovernmental and private-sector impact: S. 1889 
contains several intergovernmental and private-sector mandates 
as defined in UMRA because it would require railroads to comply 
with new safety standards and procedures. It also 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). Depending on future 
regulations, the cost to comply with some of the safety 
requirements could be substantial for private entities. 
However, because the cost for private entities to comply with 
those requirements is uncertain, CBO has no basis for 
determining whether the aggregate costs of mandates in the bill 
would exceed the annual threshold established 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 participation in grant programs and would be incurred 
voluntarily.

        Mandates that Affect Both the Public and Private Sector

    By requiring railroads to carry out safety procedures, 
limit the number of hours worked by employees, report certain 
information, and certify and train employees, and by preempting 
certain state laws, S. 1889 would impose both intergovernmental 
and private-sector mandates as defined in UMRA.
    Mandates with Uncertain Costs. CBO cannot estimate the 
total costs of several mandates in the bill because we do not 
have sufficient information about how railroads would choose to 
adjust their employees' schedules to comply with the 
restrictions, and because costs would depend upon future 
actions of the Secretary of Transportation. Those mandates 
would:
     Require railroads to submit plans to address 
technology improvements, railroad worker fatigue, and 
infrastructure safety;
     Increase restrictions on the number of hours that 
signalmen and train crews are allowed to work over certain time 
periods;
     Require that railroads report information on the 
status of grade crossings;
     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;
     Increase restrictions on the use of personal 
electronic devices by certain railroad employees;
     Require freight railroads, and any other railroads 
deemed appropriate, to submit plans to address the needs of 
employees that are involved in accidents; and
     Require railroads to use rail safety technology in 
certain areas.
    Mandates with Minimal Costs. The bill would require 
railroads to carry out procedures to prevent accidents and to 
enhance recovery efforts. It also would establish new 
protections for railroad employees. Those mandates would impose 
minimal additional costs on railroads 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 and 
the private sector to address some of these requirements.

              Mandates That Affect Only the Public Sector

    The bill would preempt state laws that require railroads to 
use certain technology at highway-rail crossings. It also would 
preempt state laws that require operators of solid waste 
facilities to secure a permit before operating such facilities. 
The bill also would give the Administrator of the FRA the right 
to (1) access criminal justice data maintained by the states, 
(2) use state or local radio, data links, or warning systems 
that provide public safety information, and (3) receive 
communications from state or local police officers.
    CBO estimates that the additional costs to state, local, 
and tribal governments of complying with the preemptions and 
the other mandates in the bill would be small.

              Mandates That Affect Only the Private Sector

    The bill would impose additional mandates that affect only 
private rail carriers. If rail carriers provide sleeping 
quarters for their employees, those quarters must be equipped 
with toilet facilities, potable water, and other features that 
would protect the health of their employees. According to 
industry sources, most sleeping quarters are already equipped 
with similar features. Because compliance with this mandate 
would involve only a small adjustment in current procedures, 
CBO estimates the cost to those entities would be small 
relative to the annual threshold.
    The bill also would require the Secretary of Transportation 
to regulate the use of camp cars by railroads, which may 
include the prohibition of camp cars. Camp cars are mostly used 
by railroad carriers operating in remote areas where sleeping 
accommodations are not readily available. Given that few 
railroad carriers use camp cars as sleeping quarters, CBO 
estimates that the cost to comply with this mandate also would 
likely be small.

                         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. Any costs those entities might incur 
would result from complying with conditions of federal 
assistance.
    Previous CBO Estimate: On July 3, 2007, CBO transmitted a 
cost estimate for H.R. 2095, the Federal Railroad Safety 
Improvement Act of 2007, as ordered reported by the House 
Committee on Transportation and Infrastructure. That bill would 
authorize appropriations over the 2008-2011 period for FRA 
operations and would reorganize that agency, changing its name 
to the Federal Rail Safety Administration. The differences in 
CBO's estimates reflect differences between the two bills.
    Estimate prepared by: Federal Spending: Sarah Puro; Federal 
Revenues: Zachary Epstein; Impact on State, Local, and Tribal 
Governments: Elizabeth Cove; Impact on the Private Sector: 
Jacob Kuipers.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1889 is intended to reauthorize the FRA, require railroads 
to make changes to improve railroad safety, authorize 
appropriations for FRA programs, research and development, and 
grants for 6 years. The bill affects the DOT, the FRA, and 
other entities already subject to DOT and FRA rules and 
regulations, and, therefore, the number of persons covered 
should be relatively consistent with the current levels of 
individuals impacted under existing laws and regulations.

                            ECONOMIC IMPACT

  S. 1889 is not expected to have an adverse impact on the U.S. 
economy. While certain provisions would require new or 
additional safety expenditures by railroad carriers and may 
reduce the number of hours that individual railroad employees 
may work, in total, it is anticipated that much of these costs 
will be offset by positive public and private economic benefits 
stemming from decreased rail-related accidents, injuries, and 
fatalities, and increased productivity. For further analysis of 
the economic impact on the private sector, see page ---- of the 
CBO estimate.

                                PRIVACY

   S. 1889 would have minimal to no effect on the privacy 
rights of individuals.

                               PAPERWORK

  The Committee anticipates an increase in paperwork burden 
requirements for private individuals or businesses. In those 
areas where the bill does require additional paperwork, it is 
aimed at collecting information from the industry to assist in 
further identifying safety problems.
  Sections 103 and 104 would require certain railroads to 
develop railroad safety risk reduction programs. The programs 
would have to be submitted to the FRA for review and approval 
and, once approved, would be required to be implemented by the 
covered railroad. The bill also would make grants available to 
develop and implement such programs as part of a pilot project 
and participants would be required to submit relevant paperwork 
to request such a grant.
  Section 106 would require railroads to report instances when 
an employee exceeded the permissible HOS law, which would 
include different requirements than those under the HOS laws in 
place prior to enactment of the bill. Railroads are already 
required to report hours in excess of the requirements so the 
additional reporting requirements would be minimal.
  Under section 202, certain States identified by the DOT would 
be required to submit grade crossing action plans to the DOT 
and to revise any deficiencies in those plans.
  Section 204 would require railroads and States to report 
information about grade crossings to the DOT National Grade 
Crossing Inventory to identify protections provided at highway-
rail grade crossings. Many of these entities already report 
information to the Inventory on a voluntary basis. The updated 
information would assist the DOT in better addressing grade 
crossing issues.
  Section 401 would require that the Secretary issue 
regulations to require railroad carriers and railroad carrier 
contractors and subcontractors to develop and submit training 
plans for certain crafts and classes of employees.
  Section 412 would require any group of commonly controlled 
railroad carriers that want to be treated as a single carrier 
for the purposes of one or more provisions of subtitle V, part 
A of title 49, United States Code, to send a petition to the 
Secretary requesting such treatment. Initially, this would be a 
minimal burden on a group of railroad carriers to provide 
documents regarding their operations and corporate structure; 
however, in the long term, the provision could significantly 
reduce paperwork burdens under various other statutes and 
regulations.
  Section 415 would require that the Secretary mandate that 
certain railroad carriers develop a critical incident stress 
plan. Some railroads have similar, although informal, plans 
currently in place. Updating such plans should be of minimal 
consequence.
  Section 602 would require solid waste rail transfer 
facilities to submit applications for proper permits to operate 
the facility.

                      Section-by-Section Analysis


Section 1. Short title; Table of Contents; Amendment of Title 49.

  The short title would be the ``Railroad Safety Enhancement 
Act of 2007.'' This section would provide a table of contents 
and would state that an amendment or repeal made by this Act is 
to title 49, United States Code, unless expressly stated 
otherwise.

Section 2. Definitions.

  This section would provide definitions for certain terms for 
the purpose of this Act. Included in these definitions would be 
a slightly narrower definition of the term ``crossing'' than 
exists in other statutes. This definition of ``crossing'' would 
not supersede definitions of crossing in existing statutes, and 
would only apply to this term as it is used in this Act. 
Additionally, this section would provide a definition of 
``safety-related'' employees that would cover the traditional 
``frontline'' employees of a railroad whose jobs are clearly 
related to railroad safety and who either directly impact, or 
are directly impacted by, railroad operations. This definition 
may also include other employees that are not typically 
considered ``frontline'' employees if the Secretary determines 
that such employees directly affect railroad safety.

Section 3. Authorization of Appropriations.

  This section would authorize appropriations for existing FRA 
rail safety programs and responsibilities; new programs and 
responsibilities required under this Act; rail safety-related 
research and development; the purchasing of track inspection 
vehicles or other comparable track inspection technologies; the 
construction of a railroad station and tunnel testing and 
training facility at the TTCI facility in Pueblo, Colorado; and 
the salaries and benefits of existing FRA employees and the 
hiring of new rail safety and security personnel.
  The Committee expects that the authorization of funding for 
the station and tunnel facility at TTCI would significantly 
expand the training and research value of the facility for 
passenger and commuter rail safety and security. This 
enhancement of this facility would complement the recent 
addition of TTCI to the National Domestic Preparedness 
Consortium in the Implementing Recommendations of the 9/11 
Commission Act of 2007. The Committee also notes that in 
authorizing the purchase of gage restraint measurement system 
and track geometry vehicles that these technologies may be 
overtaken by advancements in track safety technologies or may 
otherwise no longer be needed or appropriate. Because of this, 
the bill would allow the Secretary to purchase ``other 
comparable technology'' if another technology would be more 
appropriate in helping the FRA improve track safety. The 
Committee expects that the Secretary would use, in part, the 
results of the study required under section 403 to help 
determine what technologies would be most appropriate to 
purchase under this authorization.

             TITLE I. RAILROAD RISK REDUCTION AND STRATEGY

Section 101. Establishment of Chief Safety Officer.

  This section would amend section 103 of title 49, United 
States Code, to include a provision that establishes safety as 
the FRA's highest priority. It would also designate the 
Associate Administrator for Railroad Safety as the Chief Safety 
Officer.

Section 102. Railroad Safety Strategy.

  This section would require the Secretary to develop and 
submit, together with the President's annual budget submission, 
a long-term strategy and annual plan for improving railroad 
safety. The strategy would identify ways to:
           Reduce the number and rates of accidents, 
        injuries, and fatalities involving railroads including 
        train collisions, train derailments, and human factors-
        related accidents;
           Improve the consistency and effectiveness of 
        the DOT's enforcement and compliance programs;
           Improve the identification of high-risk 
        highway-rail grade crossings, strengthen enforcement, 
        and make other safety improvements to increase grade 
        crossing safety;
           Improve research efforts to enhance and 
        promote railroad safety and performance;
           Prevent railroad trespasser accidents, 
        injuries, and fatalities; and
           Improve the safety of railroad bridges, 
        tunnels, and related infrastructure to prevent 
        accidents, injuries, and fatalities caused by 
        catastrophic failures and other bridge and tunnel 
        failures.
  The strategy and plan would be required to include estimates 
of funds and resources, including staff skills and training 
required, to accomplish each goal set. The Secretary would be 
required, annually, to assess and report to Congress the 
Administration's progress toward meeting the strategic goals 
set.

Section 103. Railroad Safety Risk Reduction Pilot Program.

  This section would require that the Secretary develop a four-
year railroad safety risk reduction pilot program to 
systematically evaluate and manage railroad safety risks with 
the goal of reducing the numbers and rates of railroad 
accidents and injuries. In developing the railroad safety risk 
reduction pilot program, the Secretary would select railroads 
or railroad facilities to participate in the program through a 
voluntary application process. The Secretary would select the 
railroads or railroad facilities to participate based on a 
number of criteria and should, to the extent possible, try to 
select a range of railroads or facilities that represents the 
various types and sizes of railroads within the U.S. industry, 
including shortlines. The Committee is providing latitude to 
the Secretary to determine exactly what appropriately 
constitutes a ``railroad facility'' under this provision but 
intends this term to mean a major terminal or route; region, 
division, or subdivision; repair facility; or other substantial 
railroad facility of sufficient size to provide meaningful data 
about the risk reduction program process.
  After selecting the participating railroads or railroad 
facilities, the Secretary would then, in coordination with 
selected railroads, railroad facilities, and the nonprofit 
employee labor organizations that represent safety-related 
railroad employees employed at such railroad or railroad 
facility, at a minimum:
           Identify the aspects of a selected railroad 
        or railroad facility, including operating practices, 
        infrastructure, equipment, employee levels and 
        schedules, safety culture, management structure, 
        employee training, and other matters, including those 
        not covered by railroad safety regulations or other 
        Federal regulations, that impact railroad safety;
           Evaluate how these aspects of a selected 
        railroad or railroad facility increase or decrease 
        risks to railroad safety.
           Develop a safety risk reduction program to 
        improve the safety of a selected railroad or railroad 
        facility by reducing the numbers and rates of accidents 
        and injuries through the mitigation of the aspects of a 
        selected railroad or railroad facility that increase 
        risks to railroad safety and through the enhancement of 
        aspects of a selected railroad or railroad facility 
        that decrease risks to railroad safety; and
           Incorporate into the program the 
        consideration and use of existing, new, or novel 
        technology, operating practices, risk management 
        practices, or other behavior-based practices that could 
        improve railroad safety at the selected railroad or 
        railroad facility.
  The selected railroad or railroad facility would be required 
to implement the comprehensive safety risk reduction program 
developed and ensure that all employees at the selected 
railroad or railroad facility have received training on the 
program. The Secretary would be required to evaluate the pilot 
project and submit a report to relevant Congressional 
Committees on the results. Additionally, the Secretary would be 
required to establish a grant program to encourage 
participation in the pilot program, particularly participation 
by smaller railroad carriers that might not have the financial 
means to otherwise participate in such a program. This section 
would authorize $1 million annually for FY 2009 and FY 2010 for 
the purpose of making such grants and otherwise carrying out 
this section. If no funds were to be appropriated pursuant to 
the authorization within this section, the Committee would 
expect the FRA to fund this pilot program through the 
authorized amounts under section 3 of the Act and make grants 
for the purposes of this section using such amounts.

Section 104. Railroad Safety Risk Reduction Program.

  Using the knowledge and experience gained under the pilot 
program required under section 103 of the Act, this section 
would direct the Secretary to issue regulations requiring 
certain railroads to develop and implement railroad safety risk 
reduction plans no later than 5 years after enactment of the 
Act. Each Class I railroad, each railroad that the Secretary 
determines has inadequate safety performance, and each railroad 
that provides intercity passenger or commuter rail passenger 
transportation would be required to develop and implement a 
railroad safety risk reduction program that systematically 
evaluates railroad safety risks and manages those risks in 
order to reduce the numbers and rates of railroad accidents and 
injuries. Each covered railroad would be required to conduct a 
system-wide risk analysis covering all safety-critical railroad 
operations and develop a program to mitigate aspects that 
increase identified risks and enhance aspects that decrease 
identified risks. Each program would be required to be 
submitted to and approved by the FRA. The chief official 
responsible for safety of each railroad required to submit a 
program would be required to certify that the contents of the 
program are correct and that the railroad will fully implement 
the program. The Secretary would have the authority to waive 
compliance with all or part of this section, as appropriate. 
Railroads not subject to this section would also be permitted 
to voluntarily comply with this section.
  Each program would be required to contain a technology 
implementation plan that describes the railroad's ten-year plan 
for development, adoption, implementation, and use of current, 
new, or novel technologies on its system to reduce safety risks 
identified under the railroad safety risk reduction program. 
The plan would analyze the safety impact, feasibility, and 
costs and benefits of implementing technologies that could 
mitigate risks to railroad safety identified in the risk 
analysis required under this section and would contain a 
prioritized implementation schedule for the development, 
adoption, implementation, and use of current, new, or novel 
technologies on its system to reduce identified safety risks.
  Each program for which fatigue has been shown to be a 
significant source of risk also would be required to contain a 
fatigue management plan designed to reduce the fatigue 
experienced by railroad employees engaged in safety-sensitive 
service and to reduce the likelihood of accidents and injuries 
caused by fatigue. Each fatigue management plan would be 
required to take into account the varying circumstances of 
operations by the railroad carrier on different parts of its 
system and prescribe appropriate fatigue countermeasures to 
address those varying circumstances.
  In developing its program, each railroad carrier would be 
required to consult with, 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 safety 
risk reduction program. If consensus cannot be reached, labor 
organizations representing employees affected may file a 
statement with the Secretary explaining their views on the plan 
on which consensus was not reached. The Committee expects the 
Secretary to consider opposing views filed with the Secretary 
under this provision when deciding whether to approve a plan or 
to impose conditions when approving a plan.
  The Secretary would have the authority to assess civil 
penalties pursuant to chapter 213 of title 49, United States 
Code, for a violation of this section, including but not 
limited to failure to submit, certify, or comply with a safety 
risk reduction program, technology implementation plan, or 
fatigue management plan.
  The Committee intends for the Secretary to use the waiver 
process under section 20103 of title 49, United State Code, 
when considering requests by a railroad to waive compliance 
with all or part of this section or regulations developed 
pursuant to this section. The Committee explicitly included 
this waiver authority because it could contemplate various 
instances when compliance with all or part of this section 
would be not necessary to achieve the aims of improving rail 
safety or such compliance could needlessly disrupt existing 
successful risk reduction strategies or programs employed by 
railroads.

Section 105. Positive Train Control System Implementation.

  This section would require that the Secretary ensure that 
each railroad required to submit a railroad safety risk 
reduction program under section 104 that includes in its 
technology implementation plan a schedule for implementation of 
a PTC system complies with that schedule and implements its PTC 
system no later than December 31, 2018.

Section 106. Hours of Service Reform.

  This section would modify, one year after the date of 
enactment of the Act, the current HOS limits for train and 
signal employees and provide the Secretary rule-making 
authority over HOS. Under this section, monthly hours for train 
employees would be capped at 276 hours. This 276-hour cap would 
include both time on duty and time spent waiting for 
transportation, or in deadhead transportation, to a point of 
final release, known as ``limbo time.'' Train employees would 
not be permitted to remain on duty for more than 12 consecutive 
hours, or remain or go on duty unless the employee has had 10 
consecutive hours off-duty in the prior 24 hours. A train 
employee who initiates an on-duty period for 6 consecutive days 
would need to be given 48 consecutive hours of rest at the 
employee's home terminal before returning to work; a train 
employee who initiates an on-duty period for 7 consecutive 
days, if permitted by a collective bargaining agreement, would 
need to be given 72 consecutive hours of rest at the employee's 
home terminal before returning to work. The Secretary would be 
permitted to waive these requirements for consecutive days off, 
consistent with the procedural requirements of section 20103, 
if a collective bargaining agreement provided a different 
arrangement and such an arrangement would be in the public 
interest and consistent with railroad safety. This section 
would further require the railroad to provide train employees, 
at the employees' election, with additional time off duty equal 
to the time an employee spends in limbo time beyond 12 
consecutive hours.
  This section would also limit the time an employee may be 
made to wait in ``limbo'' for deadhead transportation on a 
train to 3 hours after the employee worked the maximum number 
of hours on duty within a 24-hour period. Exceptions to this 
limitation would be provided if the train was directly delayed 
by a casualty, an accident, an act of God, a derailment, a 
major equipment failure that prevents the train from advancing, 
or a delay resulting from a cause unknown and unforeseeable to 
a railroad carrier or its officer or agent in charge of the 
employee when the employee left a terminal. A ``major equipment 
failure'' is intended to address significant situations such as 
a broken brake pipe that are not quickly or easily repaired 
rather than something that could reasonably be repaired by the 
train crew or other railroad personnel such as broken coupler 
knuckle or faulty air hose.
  Additionally, this section would prohibit railroads from 
communicating with train employees during rest hours, unless 
necessary to notify an employee of an emergency situation, as 
defined by the Secretary. This prohibition is not intended to 
change current railroad practices provided for by statute, 
implementing regulations, or case law that has interpreted what 
constitutes a disruption of an off-duty period. The term 
``emergency situation'' is intended to include situations that 
would pose a risk to the employee's health, safety, or 
security. It would also encompass situations when the employee 
would need to be notified about a situation involving the 
health, safety, or security of the employee's family. It would 
include situations where the railroad may need to contact the 
employee about an emergency situation on the railroad about 
which the employee would have exclusive knowledge, as well. For 
example, the railroad could contact the employee to obtain 
information about a leaking tank car found on the train the 
employee had just tied up about which the employee may have 
critical information. It is not intended to include contacting 
an employee about derailments or accidents that occur somewhere 
on the railroad property and in which the employee was in no 
way involved. The Secretary would be permitted to waive this 
prohibition on communicating with employees during the rest 
period for commuter or intercity passenger service railroads if 
it is necessary to maintain that railroad's efficient 
operations and on-time performance of trains. The Committee 
recognizes that such passenger operations have significantly 
different operating practices, work schedules, work 
environments, and safety records than that of freight 
railroads, and as such, this added protection of employee rest 
periods may not be necessary to ensure safe operations.
  This section would also amend section 21102 of title 49, 
United States Code, to permit a railroad carrier and its 
directly affected employees or a non-profit employee labor 
organization that represents such employees to jointly develop 
and submit for approval to the Secretary an alternate HOS 
regime to that provided in chapter 211 of title 49, United 
Stated Code, that would increase the maximum hours an employee 
may be required or allowed to go or remain on duty or decrease 
the minimum hours an employee may be required to rest. This 
section would become effective no earlier than one year 
following the date of enactment of this Act, so as to coincide 
with the amendments made to the HOS statute by this section. 
The Secretary could consider such a request anytime following 
the date of enactment of this Act and could approve such a 
request only after providing an opportunity for public notice 
and comment and determining that the proposed HOS regime is in 
the public interest and will not adversely affect railroad 
safety. The exemption would be for a specific period of time 
and would be subject to review upon a schedule determined 
appropriate by the Secretary.
  The Committee expects that railroads seeking waiver requests 
will promptly submit their waiver requests to the FRA prior to 
one year after the date of enactment of this Act. The Committee 
also expects that the FRA will consider the waiver requests in 
a timely manner to ensure, to the maximum extent possible, that 
railroads will not have to restructure their existing 
operations to comply with the new HOS regime to then only 
return to their prior practices after a waiver is granted.
  The definition of signal employee would be expanded to 
include signal contractors. Section 21103 of title 49, United 
States Code, would be modified to state that signal employees 
may not remain or go on duty for more than 12 consecutive 
hours, and must have at least 10 consecutive hours of rest in a 
24-hour period. This section would also prohibit signal 
employees from going on duty under the emergency authority 
provision to conduct routine repairs, routine maintenance, or 
routine inspection of signal systems. This section would 
prohibit railroads from communicating with signal employees 
during rest hours, unless necessary to notify an employee of an 
emergency situation, as defined by the Secretary. This section 
also would clarify that signal employees' HOS are governed 
exclusively by this chapter, and not by other hours of service 
rules, duty hours, or rest periods promulgated under any 
Federal authority.
  In addition to amending the existing statute governing HOS, 
this section would, for the first time, authorize the Secretary 
to issue regulations that make additional changes to the HOS 
provisions provided that they provide for an equivalent level 
of safety as that provided under the provisions of this 
chapter, as amended. This authority is provided to the 
Secretary so that the statutory limits may be modified as 
changes in railroad safety, operations, and technology require. 
In developing new regulations governing HOS, the Secretary may 
request that the RSAC accept the task of developing, within 18 
months, such new regulations and would require the Secretary to 
prescribe appropriate regulations within eighteen months should 
the RSAC not reach consensus. If the RSAC does not accept the 
task upon the request of the Secretary, the Secretary would be 
required to issue regulations within three years.
  The Secretary also would conduct two pilot projects to 
analyze specific practices which may be used to reduce fatigue 
for train engine and other railroad employees.
  The bill also would provide further flexibility by granting 
the Secretary regulatory authority over certain aspects of the 
HOS laws to improve safety and reduce employee fatigue.

Section 107. Protection of Railroad Safety Risk Analyses Information.

  This section would amend section 20118 of title 49, United 
States Code, to prohibit the Secretary from disclosing publicly 
any information obtained as part of a railroad's risk reduction 
program or pilot program. The Secretary would be permitted to 
disclose such information otherwise available to the public if 
the Secretary believes that disclosure would be consistent with 
the confidentiality needed for that safety risk reduction 
program or pilot program. No information compiled under the 
risk reduction program or pilot program would be admissible in 
any court proceeding, unless that information is otherwise 
available to the public. This provision is not intended to 
protect information that is already submitted to the FRA and 
available to the public.

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

Section 201. Pedestrian Crossing Safety.

  This section would require the Secretary to issue guidance to 
passenger railroads on methods and strategies to prevent 
pedestrian accidents, injuries, and fatalities on or near 
passenger stations.

Section 202. State Action Plans.

  This section would require the Secretary to annually identify 
the ten States receiving Federal funds for highway-rail grade 
crossing safety projects that have had the highest number of 
highway-rail grade crossing accidents in the preceding fiscal 
year and require those States to develop a grade crossing 
action plan that identifies specific solutions for improving 
the safety at highway-rail grade crossings.

Section 203. Improvements to Sight Distance at Highway-Rail Grade 
        Crossings.

  This section would require the Secretary to prescribe 
regulations that require each railroad to remove grass, 
shrubbery, trees, and other vegetation, with the exception of 
``protected vegetation,'' which may materially obstruct the 
view of a pedestrian or a vehicle operator for a reasonable 
distance, as determined by the Secretary, in either direction 
of a train's approach, from its right-of-way at all public 
highway-rail grade crossings and at all private highway-rail 
grade crossings open to unrestricted public access. The 
Secretary, in consultation with the FRA, the FHWA, and States, 
also would be required to develop and make available to States 
model legislation to improve safety by addressing sight 
obstructions at highway-rail grade crossings equipped with 
solely passive warning devices, as recommended by the DOT IG.

Section 204. National Crossing Inventory.

  This section would require that the Secretary issue 
regulations requiring each railroad and State, within one year 
after enactment of this Act, to report to the Secretary current 
information about warning devices and signage for each 
previously unreported highway-rail grade crossing, or ensure 
that another carrier that operates through the crossing has 
reported information about the crossing to the Secretary. It 
also would require each railroad and State to annually report 
current information about all grade crossings to the Secretary. 
Both section 20160 of title 49, United States Code, and section 
130 of title 23, United States Code, would be amended by this 
section.

Section 205. Telephone Number to Report Grade Crossing Problems.

  This section would require the Secretary to issue regulations 
requiring each railroad carrier to establish and maintain a 
telephone service for the public to report malfunctions of 
signals, crossing gates, and other devices to promote safety at 
highway-rail grade crossings, disabled vehicles blocking 
crossings, or other safety warning devices and signage 
information about highway-rail grade crossings. Upon receiving 
a report, each railroad would be required to contact trains 
operating near the crossing, contact public safety officials, 
investigate the report, and, if necessary, correct the 
malfunction or remove the obstruction. Signs posting the phone 
number and its purpose would be required to be appropriately 
located near the crossing. In carrying out this section, the 
Committee provided flexibility for the Secretary to determine 
whether the telephone number that a railroad is required to 
post under this section should be a toll-free number or not. 
Because some railroads' operating territory covers a small 
geographical area, a toll-free number may not be necessary in 
order to provide the community members with a low-cost and 
simple opportunity to report grade crossing problems to a 
railroad.

Section 206. Operation Lifesaver.

  This section would require the FRA to make a grant or grants 
to Operation Lifesaver to carry out a public information and 
education program to help prevent and reduce pedestrian, motor 
vehicle, and other incidents, injuries, and fatalities, and to 
improve awareness along railroad rights-of-way. It also would 
authorize funds to be used for a pilot program to address the 
need for targeted, sustained community outreach in one or more 
States identified by section 202.
  The Committee expects Operation Lifesaver to expand the scope 
of its public education information and education programs to 
cover information that the public can use to identify safety 
conditions which are the responsibility of the railroads, 
particularly unsafe or malfunctioning highway grade crossings 
or grade crossing safety devices, and how to report such 
conditions to the appropriate officials, including railroad 
officials, local law enforcement, State railroad safety 
officials, and the FRA, as applicable.

Section 207. Trespasser Prevention and Highway-Rail Crossing Safety.

  This section would update existing section 20151 of title 49, 
United States Code, by requiring the Secretary to evaluate and 
review the laws and regulations regarding trespassing on 
railroad property, vandalism affecting railroad property, and 
highway-rail grade crossing warning sign violations. It also 
would require the Secretary to extend the DOT's outreach 
program and to create model State legislation providing for 
civil and criminal penalties for violations of highway-rail 
grade crossing warning signs. This section also would authorize 
the Secretary to buy and distribute to the public small items, 
such as coloring books, key chains, lapel pins, pencils, and 
calendars, as part of the DOT's message on railroad crossing 
safety and railroad trespass prevention.

Section 208. Fostering Introduction of New Technology to Improve Safety 
        at Highway-Rail Grade Crossings.

  This section would preempt any State law concerning the 
adequacy of new technology in providing warning to highway 
users at highway-rail grade crossings, if that new technology 
has been submitted to the Secretary for review and approval, in 
accordance with the FRA's existing process for approving train 
control systems. A railroad that installs new technology 
approved by the Secretary would not be held liable if it 
inspects and maintains the new technology in accordance with 
the approval issued by the Secretary. The Committee expects 
that protecting railroads from potential liability will 
incentivize the development and implementation of new 
technology that will greatly improve safety in an area that 
currently plagues the nation.

               TITLE III. FEDERAL RAILROAD ADMINISTRATION

Section 301. Human Capital Increases.

  This section would require the Secretary to increase the 
number of FRA employees by 200 between FY 2008 and FY 2013, 
with a focus on employees to implement certain provisions of 
this Act, investigate highway-rail grade crossing accidents, to 
conduct routine compliance inspections, and otherwise support 
the FRA's safety mission.

Section 302. Civil Penalty Increases.

  This section would increase the maximum civil penalty from 
$10,000 to $25,000 and the civil penalty for a grossly 
negligent violation or a pattern of repeated violations that 
causes a imminent hazard of death or injury to individuals or 
has caused death or injury from $20,000 to $100,000.

Section 303. Enforcement Report.

  In an effort to increase the transparency of the FRA 
enforcement process, this section would require that the 
Secretary annually make publicly available and publish on the 
FRA's public website a report that provides summaries of the 
various enforcement actions the FRA has taken.

Section 304. Prohibition of Individuals from Performing Safety-
        Sensitive Functions for a Violation of Hazardous Materials 
        Transportation Law.

  This section would broaden the provision in section 20111(c) 
of title 49, United States Code, to allow the existing 
enforcement tool of disqualification to be directed against 
violators of the hazardous materials regulations and hazardous 
materials transportation law. Section 304 of the bill would 
expand the basis for issuing disqualification orders to allow 
not only a rail safety violation, but also a hazardous 
materials violation, to be used to establish unfitness for 
safety-sensitive service in the railroad industry.

Section 305. Railroad Radio Monitoring Authority.

  This section would permit the Secretary to authorize 
officers, employees, or agents of the Secretary, in 
circumstances the Secretary finds reasonable, to carry out the 
Secretary's responsibilities to:
           Intercept radio communications;
           Communicate the existence, contents, 
        substance, purport, effect, or meaning of intercepted 
        communications;
           Receive or assist in receiving intercepted 
        communications;
           Disclose the contents, substance, purport, 
        effect, or meaning of intercepted communications or use 
        the communications; and
           Record communications by any means, 
        including writing and tape recording.
  This authority may only be engaged in for the purposes of 
accident prevention and accident investigation. Information 
obtained may not be admitted into evidence in any 
administrative or judicial proceeding except in a prosecution 
of a felony under State or Federal law, or to impeach a non-
Federal government party.

Section 306. Emergency Waivers.

  This section would require the Secretary to issue procedures 
concerning requests for waivers of regulations or orders in 
emergency situations without first providing an opportunity for 
public comment. The Secretary would be required to, after 
issuing the emergency waiver, provide an opportunity for a 
hearing on the waiver. An emergency waiver issued under this 
section would not extend beyond 9 months.

Section 307. Federal Rail Security Officers' Access to Information.

  This section would authorize the Administrator of the FRA to 
access certain criminal history and other law enforcement 
records, systems, and communications to carry out the 
Administrator's civil and administrative duties to promote the 
safety, including security, of railroad operations and for 
other purposes authorized by law, including the National Crime 
Prevention and Privacy Compact. The Administrator would be 
authorized to designate FRA employees whose primary 
responsibility is rail security to carry out the 
Administrator's authority. The authority would not be used to 
conduct criminal investigations.

Section 308. Update of Federal Railroad Administration's Website.

  This section would require the Secretary to update the FRA's 
public website to better facilitate the ability of the public, 
including those individuals who are not regular users of the 
public website, to find current information regarding the FRA's 
activities. It also would require that FRA's public website be 
updated to provide a mechanism for the public to submit written 
reports of potential violations of Federal railroad safety and 
hazardous materials transportation laws, regulations, and 
orders to the FRA. The Committee expects the FRA to develop a 
process to respond to and pursue, if appropriate, reports 
received under this section.

                 TITLE IV. RAILROAD SAFETY ENHANCEMENTS

Section 401. Employee Training.

  This section would require the Secretary to issue regulations 
no later than one year after the enactment of this Act 
requiring railroad carriers and railroad carrier contractors 
and subcontractors to develop training plans for crafts and 
classes of employees, as the Secretary determines appropriate. 
Each training plan would be required to clearly identify the 
class or craft of employees to which the plan applies; to 
require that employees be trained on the requirements of 
relevant Federal railroad safety laws, regulations, and orders; 
to require employees to be tested or otherwise demonstrate 
their proficiency in the subject matter of the training; and to 
contain any other relevant information that the Secretary deems 
appropriate. Each plan would be required to be submitted to and 
approved by the Secretary. If the Secretary has previously 
issued regulations requiring the training of certain crafts or 
classes of employees, the Secretary could exempt railroads or 
contractors and subcontractors of railroads from submitting 
plans covering those employees.
  The Committee recognizes that all railroads have existing 
training programs for most railroad employees and that many of 
these programs are currently sufficient. However, the Committee 
believes that regulations that govern the basic elements of 
these training programs and that establish a clear and 
consistent curriculum that is appropriate for each class or 
craft of employees would help to ensure that all employees are 
properly trained for their assigned duties, would promote safe 
operating practices and behaviors throughout the industry, and 
would enhance compliance with Federal law.

Section 402. Certification of Certain Crafts or Classes of Employees.

  This section would require the Secretary to issue a report to 
relevant Congressional Committees about whether the 
certification of certain crafts or classes of railroad carrier 
or railroad carrier contractor or subcontractor employees, such 
as conductors, car repair and maintenance employees, on-board 
service workers, rail welders, dispatchers, signal repair and 
maintenance employees, or any other craft or class of employees 
that the Secretary determines appropriate, is necessary to 
reduce the number and rate of accidents and incidents or to 
improve railroad safety. This section also would authorize the 
Secretary to issue regulations to require the certification of 
certain crafts or classes of employees, as determined necessary 
in the study. The FRA currently has in place a regulation 
governing the qualification and certification of locomotive 
engineers. This regulation was mandated in the Rail Safety 
Improvement Act of 1988 and was intended to resolve 
deficiencies in locomotive engineer training that were 
uncovered after the passenger rail accident in Chase, Maryland, 
that killed 16 people. Under the regulation, the burden of 
certifying and recertifying employees is relatively hefty, but 
the associated benefits are essential to safe locomotive 
operations. Similar to the locomotive engineer qualification 
and certification rule, any incremental safety benefits to be 
gained from certifying additional classes or crafts of employee 
should be weighed against the costs of certification.

Section 403. Track Inspection Time Study.

  This section would require the Secretary to complete a study 
to determine whether the required intervals of track 
inspections for each class of track and track remedial action 
requirements should be amended and whether different track 
inspection and repair priorities or methods should be required. 
It would require the Secretary to issue recommendations for 
changes to the Federal track safety standards in part 213 of 
title 49 of the Code of Federal Regulations based on the 
results of the study. The study would consider the most current 
rail flaw, rail defect growth, rail fatigue, and other relevant 
track- or rail-related research and studies; the availability 
and feasibility of developing and implementing new or novel 
rail inspection technology for routine track inspections; 
information from NTSB or FRA accident investigations where 
track defects were the cause or a contributing cause; and other 
relevant information, as determined by the Secretary. The 
Secretary would be required to issue regulations implementing 
the recommendations of this study.

Section 404. Study of Methods to Improve or Correct Station Platform 
        Gaps.

  Not later than 2 years after the enactment of this Act, the 
Secretary would be required to complete a study to determine 
the most safe, efficient, and cost effective way to improve the 
safety of railroad passenger station platforms gaps in order to 
increase compliance with the requirements under the ADA and to 
minimize the safety risks associated with such gaps for 
railroad passengers and employees.

Section 405. Locomotive Cab Studies.

  Not later than one year after the enactment of this Act, the 
Secretary would be required to complete a study on the impact 
on safety and the prevalence of the use of personal electronic 
devices, including cell phones, video games, and other 
distracting devices, by safety-related railroad employees 
during the performance of such employees' duties. The Secretary 
also would be able to study other elements of the locomotive 
cab environment and their effect on an employee's health and 
safety. No later than 6 months after the completion of any 
study conducted under this section, the Secretary would be 
required to issue a report on the study to relevant 
Congressional Committees. The Secretary would be given the 
authority to issue regulations prohibiting the use of such 
devices, unless those devices are being used according to 
railroad operating rules or for other work purposes, or to 
improve the locomotive cab environment to protect an employee's 
health and safety.

Section 406. Railroad Safety Technology Grants.

  This section would require the Secretary to establish a grant 
program for the deployment of train control technologies, train 
control component technologies, processor-based technologies, 
ECP brakes, rail integrity inspection systems, rail integrity 
warning systems, switch position indicators, remote control 
power switch technologies, track integrity circuit 
technologies, and other new or novel railroad safety 
technology. Grants would be made under this section to eligible 
passenger and freight railroad carriers, railroad suppliers, 
and State and local governments for projects described in 
paragraph (a) that have a public benefit of improved safety and 
network efficiency. Priority would be given to projects that: 
focus on making technologies interoperable between railroad 
systems, such as train control technologies; hasten the 
deployment of train control technology deployment on high risk 
corridors, such as those that have high volumes of hazardous 
materials shipments or over which commuter or passenger trains 
operate; or benefit both passenger and freight safety and 
efficiency. Grants would not be awarded to entities who fail to 
develop and submit to the Secretary a technology implementation 
plan as required by section 104 of this Act. This section would 
authorize $20 million to the Secretary for each of the fiscal 
years 2008 through 2013 to carry out this section.

Section 407. Railroad safety infrastructure improvement grants.

  The Secretary would be required to establish a grant program 
for safety improvements to railroad infrastructure, including 
the acquisition, improvement, or rehabilitation of intermodal 
or rail equipment or facilities, including track, bridges, 
tunnels, yards, buildings, passenger stations, facilities, and 
maintenance and repair shops. In awarding grants the Secretary 
would consider, at a minimum, the age and condition of the rail 
infrastructure of the railroad; the railroad's safety record, 
including accident and incident numbers and rates; the volume 
of hazardous materials transported by the railroad; the 
operation of passenger trains over the railroad; and whether 
the railroad has submitted a railroad safety risk reduction 
program, as required by section 104 of this Act. This section 
would authorize $15 million to the Secretary for each of the 
fiscal years 2008 through 2013 to carry out this section.

Section 408. Movement for Repair.

  This section would amend section 20303 of title 49, United 
States Code, to clarify the statutory provision that governs 
whether and how a railroad may move a car or locomotive with a 
safety appliance defect or insecurity to make repairs, without 
becoming liable for a civil penalty. It would foster the use of 
mobile repair trucks at locations on an occasional basis, by 
eliminating the need for back hauls of defective vehicles for 
repairs, and by explicitly authorizing the prescription of 
additional regulatory conditions for hauling defective vehicles 
for repair.

Section 409. Development and Use of Rail Safety Technology.

  This section would require the Secretary, no later than 1 
year after enactment of this Act, to issue standards, guidance, 
regulations, or orders governing the development, use, and 
implementation of rail safety technology in dark territory, in 
arrangements not defined in section 20501 of title 49, United 
States Code, or otherwise not covered by Federal standards, 
guidance, regulation, or orders that ensures its safe operation 
such as switch position monitoring devices; radio, remote 
control or other power- assisted switches; hot box, high water, 
or earthquake detectors; remote control locomotive zone 
limiting devices; slide fences; grade crossing video monitors; 
track integrity warning systems; or other similar rail safety 
technologies, as determined by the Secretary.

Section 410. Employee Sleeping Quarters.

  This section would amend section 21106 of title 49, United 
States Code, to require that a railroad carrier provide 
sleeping quarters for its employees that provide indoor toilet 
facilities, potable water, and other features to protect the 
health of employees. Within one year after the date of 
enactment, the Secretary, in consultation with the Secretary of 
Labor, would be required to issue regulations governing the use 
of camp cars for employees and any individuals employed to 
maintain the right of way of a railroad carrier. The Secretary 
would also have the authority to prohibit the use of camp cars 
if necessary to protect the health and safety of the employees.

Section 411. Employee Protections.

  This section would amend section 20109 of title 49, United 
States Code, to add as a protected act an employee's ``request 
that a railroad carrier provide first aid, medical treatment, 
or transportation to a medical facility or hospital after being 
injured during the course of employment, or to comply with 
treatment prescribed by a physician or licensed health care 
professional consistent with the carrier's medical standards 
for fitness for duty.''

Section 412. Unified Treatment of Families of Railroad Carriers.

  This section would amend the definition of ``railroad 
carrier'' in section 20102(3) of title 49, United States Code, 
to include in the definition, upon petition and order issued by 
the Secretary, a group of commonly controlled railroad carriers 
that the Secretary determines is operating within the United 
States as a single, integrated rail system to be treated as a 
single railroad carrier for the purposes of part A, subtitle V 
of title 49, United States Code, and of any implementing 
regulations or orders, subject to any conditions imposed by the 
Secretary. This provision is not intended to apply to railroad 
holding companies that own multiple and separate properties 
that are not operated as a physically integrated system.

Section 413. Repeal of Conrail Provision.

  This section would require that, within one year after 
enactment, the Secretary study the impacts of repealing section 
711 of the Regional Rail Reorganization Act of 1973 which 
preempts State laws in the former operating territory of the 
Consolidated Rail Corporation (Conrail) related to crew 
requirements. Within 6 months after the study is completed, the 
Secretary would transmit a report to appropriate Congressional 
Committees on the findings, results, and recommendations of the 
study.

Section 414. Limitations on Non-Federal Alcohol and Drug Testing by 
        Railroad Carriers.

  This section would require that any non-Federal alcohol and 
drug testing program of a railroad carrier provide that all 
post-employment tests of the specimens of employees who are 
subject to both the program and chapter 211 of title 49, United 
States Code, be conducted using a scientifically recognized 
method of testing capable of determining the presence of the 
specific analyte at a level above the cut-off level established 
by the carrier. It would also require that each railroad 
carrier that has a non-Federal alcohol and drug testing program 
provide a redress process to its employees who are subject to 
both the alcohol and drug testing program and chapter 211 of 
title 49, United States Code, for such an employee to petition 
for, and receive, a carrier hearing to review his or her 
specimen test results that were determined to be in violation 
of the program. A dispute or grievance arising raised by a 
railroad carrier or its employee, except a probationary 
employee, in connection with the carrier's alcohol and drug 
testing program and the application of this section would be 
subject to resolution under section 3 of the Railway Labor Act 
(45 U.S.C. 153). The Committee expects this provision to 
rectify concerns in the industry that corporate drug testing 
policies allow for testing limits that cannot be adequately 
detected by current technology and that such tests have been 
used discriminatorily to discipline employees.

Section 415. Critical Incident Stress Plan.

  This section would require the Secretary in consultation with 
the Secretary of Labor and the Secretary of Health and Human 
Services, as appropriate, to require each Class I railroad, and 
any other railroad that the Secretary determines appropriate, 
to develop and submit for approval to the Secretary a critical 
incident stress plan that provides for debriefing, counseling, 
guidance and other appropriate support services to be offered 
to an employee affected by a critical incident. Additionally, 
the provision would require that the plan allow for the 
immediate relief of service of an employee involved in a 
critical incident and, upon the employee's request, relief for 
an employee who witnessed a critical incident as soon as 
feasible.

           TITLE V. RAIL PASSENGER DISASTER FAMILY ASSISTANCE

Section 501. Assistance by National Transportation Safety Board to 
        Families of Passengers Involved in Rail Passenger Accidents.

  This section would require the Chairman of the NTSB to 
designate and publicize the name and phone number of a director 
of family support services and an independent non-profit 
organization to coordinate and provide services to families of 
passengers involved in rail accidents. It would define the 
responsibilities of the NTSB and the designated non-profit 
organization in post-rail accident situations.
  The Committee recognizes that the NTSB's limited resources do 
not permit it to provide services to families impacted by every 
rail accident resulting in a fatality, and therefore, expects 
that the Board will focus its assistance to families impacted 
by accidents that result in a major loss of life. However, the 
NTSB should not interpret this expectation as a restriction in 
offering services to families impacted by less severe accidents 
if the Board has the ability and adequate resources to do so.

Section 502. Rail Passenger Carrier Plans to Address the Needs of 
        Families of Passengers Involved in Rail Passenger Accidents.

  This section would require rail passenger carriers, not later 
than 6 months after the date of enactment of this Act, to 
submit to the Chairman of the NTSB, the Secretary, and the 
Secretary of the Department of Homeland Security, a plan for 
addressing the needs of families of passengers involved in any 
rail passenger accident involving an Amtrak intercity train and 
resulting in loss of life. This section would authorize 
$500,000 for FY 2008 for the Secretary to carry out this new 
section.

Section 503. Establishment of Task Force.

  This section would require the Secretary, in cooperation with 
the NTSB, to create a task force, which includes rail passenger 
carriers and families who have been involved in rail accidents, 
to develop a model plan and recommendations on how passenger 
rail carriers can provide assistance and notification to 
families of those passengers involved in rail accidents.

   TITLE VI. CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE 
                               FACILITIES

Section 601. Short Title.

  This section would provide that title VI could be cited as 
the Clean Railroads Act of 2007.

Section 602. Regulation of Solid Waste Rail Transfer Facilities.

  This section would amend subtitle A of the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.) and would permit a State 
or political subdivision thereof to enforce State solid waste 
environmental laws at a solid waste rail transfer facility. 
Within 180 days after the date of enactment of the bill, a 
solid waste rail transfer facility would have to comply with 
all State solid waste environmental laws other than those 
requiring permits. Within one year after the date of enactment, 
a railroad carrier that owns or operates a solid waste rail 
transfer facility that was not required to possess a permit for 
the first 180 days after enactment would continue not to be 
required to possess a permit provided that the facility had 
submitted a complete application for all permits required by a 
State's environmental laws to a solid waste facility permitting 
agency and until that solid waste facility permitting agency 
has either approved or denied the railroad carrier's 
application for a permit.
  A solid waste rail transfer facility would only include the 
portion of a facility owned or operated by or on behalf of a 
railroad carrier where solid waste, as a commodity to be 
transported in commerce, is collected, stored, separated, 
processed, treated, managed, disposed of, or transferred 
outside of original sealed shipping containers. It would not 
include a facility to the extent that activities taking place 
at such a facility were comprised of the railroad 
transportation of solid waste after the solid waste is placed 
on or in a railroad car, including transportation for the 
purpose of interchanging railroad cars containing sealed solid 
waste shipments. For the purposes of this section, State solid 
waste environmental laws would include the following: (1) the 
substantive and procedural aspects of statutes, regulations, 
and orders of a State or its subdivisions that establish public 
health and safety or environmental standards concerning the 
generation, storage, treatment, handling, management, or 
disposal of solid waste; and (2) the substantive and procedural 
aspects of statutes, regulations, and orders of a State or its 
subdivisions which govern the processes and procedures by which 
permits, licenses, or other approvals or credentials from such 
State or subdivision are required in order to generate, store, 
treat, handle, manage, or dispose of solid waste. It would not 
include the statutes, regulations or orders of a state or its 
subdivisions which govern land use, including land use 
restrictions or zoning ordinances. This section also would 
amend section 10501(c)(2) of title 49, United States Code, to 
remove from the jurisdiction of the Surface Transportation 
Board activities subject to the Clean Railroads Act of 2007 
(i.e., this title).

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, 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 material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                        TITLE 49. TRANSPORTATION

                SUBTITLE I. DEPARTMENT OF TRANSPORTATION

                        CHAPTER 1. ORGANIZATION

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) Safety as Highest Priority.--In carrying out its duties, 
the Administration shall consider 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.
  (d) Chief Safety Officer.--The Administration shall have an 
Associate Administrator for Railroad Safety appointed in the 
career service by the Secretary. The Associate Administrator 
shall be the Chief Safety Officer of the Administration. The 
Associate Administrator shall carry out the duties and powers 
prescribed by the Administrator.
  [(c)] (e) 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)] (f) A duty or power specified by subsection [(c)(1)] 
(e)(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)] (g) 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.

           *       *       *       *       *       *       *


                 SUBTITLE II--OTHER GOVERNMENT AGENCIES

CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

           *       *       *       *       *       *       *


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.--Except as provided in 
        subsection (k), the director of family support services 
        and the organization may not release to any person 
        information on a list obtained under paragraph (1) but 
        may provide information on the list about a passenger 
        to the family of the passenger to the extent that the 
        director of family support services or the organization 
        considers appropriate.
  (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:
          (1) Rail passenger accident.--The term ``rail 
        passenger accident'' means any rail passenger disaster 
        resulting in a major loss of life occurring in the 
        provision of--
                  (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 does 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.
  (k) Savings Clause.--Nothing in this section shall be 
construed to abridge the authority of the Board or the 
Secretary of Transportation to investigate the causes or 
circumstances of any rail accident, including development of 
information regarding the nature of injuries sustained and the 
manner in which they were sustained for the purposes of 
determining compliance with existing laws and regulations or 
for identifying means of preventing similar injuries in the 
future, or both.

                 SUBTITLE IV--INTERSTATE TRANSPORTATION

                              PART A. RAIL

                       CHAPTER 105. JURISDICTION

Sec. 10501. General jurisdiction

  (a)(1) Subject to this chapter, the Board has jurisdiction 
over transportation by rail carrier that is--
          (A) only by railroad; or
          (B) by railroad and water, when the transportation is 
        under common control, management, or arrangement for a 
        continuous carriage or shipment.
  (2) Jurisdiction under paragraph (1) applies only to 
transportation in the United States between a place in--
          (A) a State and a place in the same or another State 
        as part of the interstate rail network;
          (B) a State and a place in a territory or possession 
        of the United States;
          (C) a territory or possession of the United States 
        and a place in another such territory or possession;
          (D) a territory or possession of the United States 
        and another place in the same territory or possession;
          (E) the United States and another place in the United 
        States through a foreign country; or
          (F) the United States and a place in a foreign 
        country.
  (b) The jurisdiction of the Board over--
          (1) transportation by rail carriers, and the remedies 
        provided in this part with respect to rates, 
        classifications, rules (including car service, 
        interchange, and other operating rules), practices, 
        routes, services, and facilities of such carriers; and
          (2) the construction, acquisition, operation, 
        abandonment, or discontinuance of spur, industrial, 
        team, switching, or side tracks, or facilities, even if 
        the tracks are located, or intended to be located, 
        entirely in one State, is exclusive. Except as 
        otherwise provided in this part, the remedies provided 
        under this part with respect to regulation of rail 
        transportation are exclusive and preempt the remedies 
        provided under Federal or State law.
  (c)(1) In this subsection--
          (A) the term ``local governmental authority''--
                  (i) has the same meaning given that term by 
                section 5302(a) of this title; and
                  (ii) includes a person or entity that 
                contracts with the local governmental authority 
                to provide transportation services; and
          (B) the term ``mass transportation'' means 
        transportation services described in section 5302(a) of 
        this title that are provided by rail.
  (2) Except as provided in paragraph (3), the Board does not 
have jurisdiction under this part [over mass transportation 
provided by a local governmental authority.] over--
          (A) mass transportation provided by a local 
        government authority; or
          (B) a solid waste rail transfer facility (as defined 
        in section 1009 (c)(2) of the Solid Waste Disposal Act 
        (42 U.S.C. 6909(c)(2))).
  (3)(A) Notwithstanding paragraph (2) of this subsection, a 
local governmental authority, described in paragraph (2), is 
subject to applicable laws of the United States related to--
          (i) safety;
          (ii) the representation of employees for collective 
        bargaining; and
          (iii) employment, retirement, annuity, and 
        unemployment systems or other provisions related to 
        dealings between employees and employers.
  (B) The Board has jurisdiction under sections 11102 and 11103 
of this title over transportation provided by a local 
governmental authority only if the Board finds that such 
governmental authority meets all of the standards and 
requirements for being a rail carrier providing transportation 
subject to the jurisdiction of the Interstate Commerce 
Commission that were in effect immediately before January 1, 
1996. The enactment of the ICC Termination Act of 1995 shall 
neither expand nor contract coverage of employees and employers 
by the Railway Labor Act, the Railroad Retirement Act of 1974, 
the Railroad Retirement Tax Act, and the Railroad Unemployment 
Insurance Act.

                       SUBTITLE V. RAIL PROGRAMS

                             PART A. SAFETY

                          CHAPTER 201. GENERAL

                         SUBCHAPTER I. GENERAL

Sec. 20102. Definitions

  In this part--
          (1) ``Class I railroad'' means a railroad carrier 
        that has annual carrier operating revenues that meet 
        the threshold amount for Class I carriers, as 
        determined by the Surface Transportation Board under 
        section 1201.1-1 of title 49, Code of Federal 
        Regulations.
          [(1)] (2) ``railroad''--
                  (A) means any form of nonhighway ground 
                transportation that runs on rails or 
                electromagnetic guideways, including--
                          (i) commuter or other short-haul 
                        railroad passenger service in a 
                        metropolitan or suburban area and 
                        commuter railroad service that was 
                        operated by the Consolidated Rail 
                        Corporation on January 1, 1979; and
                          (ii) high speed ground transportation 
                        systems that connect metropolitan 
                        areas, without regard to whether those 
                        systems use new technologies not 
                        associated with traditional railroads; 
                        but
                  (B) does not include rapid transit operations 
                in an urban area that are not connected to the 
                general railroad system of transportation.
          [(2) ``railroad carrier'' means a person providing 
        railroad transportation.]
          (3) `railroad carrier' means a person providing 
        railroad transportation, except that, upon petition by 
        a group of commonly controlled railroad carriers that 
        the Secretary determines is operating within the United 
        States as a single, integrated rail system, the 
        Secretary may by order treat the group of railroad 
        carriers as a single railroad carrier for purposes of 
        one or more provisions of part A, subtitle V of this 
        title and implementing regulations and order, subject 
        to any appropriate conditions that the Secretary may 
        impose.
          (4) ``safety-related railroad employee'' means--
                  (A) a railroad employee who is subject to 
                chapter 211;
                  (B) another operating railroad employee who 
                is not subject to chapter 211;
                  (C) an employee who maintains the right of 
                way of a railroad carrier;
                  (D) an employee of a railroad carrier who is 
                a hazmat employee as defined in section 5102(3) 
                of this title;
                  (E) an employee who inspects, repairs, or 
                maintains locomotives, passenger cars or 
                freight cars; and
                  (F) any other employee of a railroad who 
                directly affects railroad safety, as determined 
                by the Secretary.

Sec. 20103. General authority

  (a) Regulations and orders.--The Secretary of Transportation, 
as necessary, shall prescribe regulations and issue orders for 
every area of railroad safety supplementing laws and 
regulations in effect on October 16, 1970. When prescribing a 
security regulation or issuing a security order that affects 
the safety of railroad operations, the Secretary of Homeland 
Security shall consult with the Secretary.
  (b) Regulations of practice for proceedings.--The Secretary 
shall prescribe regulations of practice applicable to each 
proceeding under this chapter. The regulations shall reflect 
the varying nature of the proceedings and include time limits 
for disposition of the proceedings. The time limit for 
disposition of a proceeding may not be more than 12 months 
after the date it begins.
  (c) Consideration of information and standards.--In 
prescribing regulations and issuing orders under this section, 
the Secretary shall consider existing relevant safety 
information and standards.
  (d) Waivers.--The Secretary may waive compliance with any 
part of a regulation prescribed or order issued under this 
chapter if the waiver is in the public interest and consistent 
with railroad safety. The Secretary shall make public the 
reasons for granting the waiver.
  [(e) Hearings.--The Secretary shall conduct a hearing as 
provided by section 553 of title 5 when prescribing a 
regulation or issuing an order under this chapter, including a 
regulation or order establishing, amending, or waiving 
compliance with a railroad safety regulation prescribed or 
order issued under this chapter. An opportunity for an oral 
presentation shall be provided.]
  (e) Hearings.--Except as provided in subsection (g) of this 
section, the Secretary shall conduct a hearing as provided by 
section 553 of title 5 when prescribing a regulation or issuing 
an order under this chapter, including a regulation or order 
establishing, amending, or waiving compliance with a railroad 
safety regulation prescribed or order issued under this 
chapter. An opportunity for an oral presentation shall be 
provided.
  (f) Tourist railroad carriers.--In prescribing regulations 
that pertain to railroad safety that affect tourist, historic, 
scenic, or excursion railroad carriers, the Secretary of 
Transportation shall take into consideration any financial, 
operational, or other factors that may be unique to such 
railroad carriers. The Secretary shall submit a report to 
Congress not later than September 30, 1995, on actions taken 
under this subsection.
  (g) Emergency Waivers.--
          (1) In general.--The Secretary shall prescribe 
        procedures concerning the handling of requests for 
        waivers of regulations prescribed or orders issued 
        under this chapter in emergency situations and may 
        prescribe temporary emergency waiver procedures without 
        first providing an opportunity for public comment. The 
        Secretary may grant a waiver request if the waiver is 
        directly related to the emergency event or necessary to 
        aid in any recovery efforts and is in the public 
        interest and consistent with railroad safety. The 
        relief shall not extend for a period of more than 9 
        months, including the period of the relief granted 
        under any renewal of the waiver pursuant to the 
        emergency waiver procedures. For matters that may 
        impact the missions of the Department of Homeland 
        Security, the Secretary of Transportation shall consult 
        and coordinate with the Secretary of Homeland Security 
        as soon as practicable.
  (2) Waiver before hearing.--If, under the emergency waiver 
procedures established under paragraph (1) of this subsection, 
the Secretary determines the public interest would be better 
served by addressing a request for waiver prior to providing an 
opportunity for a hearing under section 553 of title 5 and an 
oral presentation, the Secretary may act on the waiver request 
and, if the request is granted, the Secretary shall 
subsequently provide notice and an opportunity for a hearing 
and oral presentation pursuant to procedures prescribed under 
paragraph (1) of this subsection. Should the Secretary receive 
comment or a request for oral presentation on a waiver request 
after granting the waiver, the Secretary may take any necessary 
action with regard to that waiver (including rescission or 
modification) based on the newly acquired information.
  (3) Emergency situation; emergency event.--In this 
subsection, the terms ``emergency situation'' and ``emergency 
event'' mean a natural or manmade disaster, such as a 
hurricane, flood, earthquake, mudslide, forest fire, snowstorm, 
terrorist act, biological outbreak, release of a dangerous 
radiological, chemical, explosive, or biological material, or a 
war-related activity, that poses a risk of death, serious 
illness, severe injury, or substantial property damage. The 
disaster may be local, regional, or national in scope.

Sec. 20107. Inspection and investigation

  (a) General.--To carry out this part, the Secretary of 
Transportation may take actions the Secretary considers 
necessary, including--
          (1) conduct investigations, make reports, issue 
        subpenas, require the production of documents, take 
        depositions, and prescribe recordkeeping and reporting 
        requirements; and
          (2) delegate to a public entity or qualified person 
        the inspection, examination, and testing of railroad 
        equipment, facilities, rolling stock, operations, and 
        persons.
  (b) Entry and inspection.--In carrying out this part, an 
officer, employee, or agent of the Secretary, at reasonable 
times and in a reasonable way, may enter and inspect railroad 
equipment, facilities, rolling stock, operations, and relevant 
records. When requested, the officer, employee, or agent shall 
display proper credentials. During an inspection, the officer, 
employee, or agent is an employee of the United States 
Government under chapter 171 of title 28.
  (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) In general.--A railroad carrier engaged in interstate or 
foreign commerce, a contractor or a subcontractor of such a 
railroad carrier, or an officer or employee of such a railroad 
carrier, may not discharge, demote, suspend, reprimand, or in 
any other way discriminate against an employee if such 
discrimination is due, in whole or in part, to the employee's 
lawful, good faith act done, or perceived by the employer to 
have been done or about to be done--
          (1) to provide information, directly cause 
        information to be provided, or otherwise directly 
        assist in any investigation regarding any conduct which 
        the employee reasonably believes constitutes a 
        violation of any Federal law, rule, or regulation 
        relating to railroad safety or security, or gross 
        fraud, waste, or abuse of Federal grants or other 
        public funds intended to be used for railroad safety or 
        security, if the information or assistance is provided 
        to or an investigation stemming from the provided 
        information is conducted by--
                  (A) a Federal, State, or local regulatory or 
                law enforcement agency (including an office of 
                the Inspector General under the Inspector 
                General Act of 1978 (5 U.S.C. App.; Public Law 
                95-452);
                  (B) any Member of Congress, any committee of 
                Congress, or the Government Accountability 
                Office; or
                  (C) a person with supervisory authority over 
                the employee or such other person who has the 
                authority to investigate, discover, or 
                terminate the misconduct;
          (2) to refuse to violate or assist in the violation 
        of any Federal law, rule, or regulation relating to 
        railroad safety or security;
          (3) to file a complaint, or directly cause to be 
        brought a proceeding related to the enforcement of this 
        part or, as applicable to railroad safety or security, 
        chapter 51 or 57 of this title, or to testify in that 
        proceeding;
          (4) to notify, or attempt to notify, the railroad 
        carrier or the Secretary of Transportation of a work-
        related personal injury or work-related illness of an 
        employee;
          (5) to request that a railroad carrier provide first 
        aid, prompt medical treatment, or transportation to an 
        appropriate medical facility or hospital after being 
        injured during the course of employment, or to comply 
        with treatment prescribed by a physician or licensed 
        health care professional consistent with the carrier's 
        medical standards for fitness for duty;
          [(5)] (6) to cooperate with a safety or security 
        investigation by the Secretary of Transportation, the 
        Secretary of Homeland Security, or the National 
        Transportation Safety Board;
          [(6)] (7) to furnish information to the Secretary of 
        Transportation, the Secretary of Homeland Security, the 
        National Transportation Safety Board, or any Federal, 
        State, or local regulatory or law enforcement agency 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
          [(7)] (8) to accurately report hours on duty pursuant 
        to chapter 211.
  (b) Hazardous safety or security conditions.--
          (1) A railroad carrier engaged in interstate or 
        foreign commerce, or an officer or employee of such a 
        railroad carrier, shall not discharge, demote, suspend, 
        reprimand, or in any other way discriminate against an 
        employee for--
                  (A) reporting, in good faith, a hazardous 
                safety or security condition;
                  (B) refusing to work when confronted by a 
                hazardous safety or security 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 safety or security 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) 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 without such 
                        refusal; and (C) the employee, where 
                        possible, has notified the railroad 
                        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) In this subsection, only paragraph (1)(A) shall 
        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, 
        discipline, or other discrimination in violation of 
        subsection (a) or (b) of this section, 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.--Any action under paragraph 
                (1) shall be governed under the rules and 
                procedures set forth in section 42121(b), 
                including:
                          (i) Burdens of proof. Any action 
                        brought under (c)(1) shall be governed 
                        by the legal burdens of proof set forth 
                        in section 42121(b).
                          (ii) Statute of limitations. An 
                        action under paragraph (1) shall be 
                        commenced not later than 180 days after 
                        the date on which the alleged violation 
                        of subsection (a) or (b) of this 
                        section occurs.
                          (iii) Civil actions to enforce.
                If a person fails to comply with an order 
                issued by the Secretary of Labor pursuant to 
                the procedures in section 42121(b), the 
                Secretary of Labor may bring a civil action to 
                enforce the order in the district court of the 
                United States for the judicial district in 
                which the violation occurred, as set forth in 
                42121.
                  (B) Exception.--Notification made under 
                section 42121(b)(1) shall be made to the person 
                named in the complaint and the person's 
                employer.
          (3) De novo review.--With respect to a complaint 
        under paragraph (1), if the Secretary of Labor has not 
        issued a final decision within 210 days after the 
        filing of the complaint and if the delay is not due to 
        the bad faith of the employee, 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.
          (4) Appeals.--Any person adversely affected or 
        aggrieved by an order issued pursuant to the procedures 
        in section 42121(b), may obtain review of the order in 
        the United States court of appeals for the circuit in 
        which the violation, with respect to which the order 
        was issued, allegedly occurred or the circuit in which 
        the complainant resided on the date of such violation. 
        The petition for review must be filed not later than 60 
        days after the date of the issuance of the final order 
        of the Secretary of Labor. The review shall conform to 
        chapter 7 of title 5. The commencement of proceedings 
        under this paragraph shall not, unless ordered by the 
        court, operate as a stay of the order.
  (d) Remedies.--
          (1) In general.--An employee prevailing in any action 
        under subsection (c) shall be entitled to all relief 
        necessary to make the employee whole.
          (2) Damages.--Relief in an action under subsection 
        (c) (including an action described in subsection 
        (c)(3)) shall include--
                  (A) reinstatement with the same seniority 
                status that the employee would have had, but 
                for the discrimination;
                  (B) any backpay, with interest; and
                  (C) compensatory damages, including 
                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 in any action under 
        subsection (c) may include punitive damages in an 
        amount not to exceed $250,000.
  (e) Election of remedies.--An employee may not seek 
protection under both this section and another provision of law 
for the same allegedly unlawful act of the railroad carrier.
  (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 employee.--Nothing in this section 
shall be deemed to diminish the rights, privileges, or remedies 
of any employee 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.
  (h) 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 or the 
        Secretary of Homeland Security 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 or security, 
        chapter 51 or 57 of this title, or a regulation 
        prescribed or order issued under any of those 
        provisions.
          (2) The Secretary of Transportation or the Secretary 
        of Homeland Security shall disclose to the Attorney 
        General the name of an employee described in paragraph 
        (1) if the matter is referred to the Attorney General 
        for enforcement. The Secretary making such disclosures 
        shall provide reasonable advance notice to the affected 
        employee if disclosure of that person's identity or 
        identifying information is to occur.
  (i) Process for reporting security problems to the Department 
of Homeland Security.--
          (1) Establishment of process.--The Secretary of 
        Homeland Security shall establish through regulations, 
        after an opportunity for notice and comment, a process 
        by which any person may report to the Secretary of 
        Homeland Security regarding railroad security problems, 
        deficiencies, or vulnerabilities.
          (2) Acknowledgment of receipt.--If a report submitted 
        under paragraph (1) identifies the person making the 
        report, the Secretary of Homeland Security shall 
        respond promptly to such person and acknowledge receipt 
        of the report.
          (3) Steps to address problem.--The Secretary of 
        Homeland Security shall review and consider the 
        information provided in any report submitted under 
        paragraph (1) and shall take appropriate steps to 
        address any problems or deficiencies identified.

Sec. 20111. Enforcement by the Secretary of Transportation

  (a) Exclusive authority.--The Secretary of Transportation has 
exclusive authority--
          (1) to impose and compromise a civil penalty for a 
        violation of a railroad safety regulation prescribed or 
        order issued by the Secretary;
          (2) except as provided in section 20113 of this 
        title, to request an injunction for a violation of a 
        railroad safety regulation prescribed or order issued 
        by the Secretary; and
          (3) to recommend appropriate action be taken under 
        section 20112(a) of this title.
  (b) Compliance orders.--The Secretary may issue an order 
directing compliance with this part or with a railroad safety 
regulation prescribed or order issued under this part.
  [(c) Orders prohibiting individuals from performing safety-
sensitive functions.--If an individual's violation of this 
chapter or any of the laws transferred to the jurisdiction of 
the Secretary of Transportation by subsection (e)(1), (2), and 
(6)(A) of section 6 of the Department of Transportation Act, as 
in effect on June 1, 1994, or a regulation prescribed or order 
issued by the Secretary under this chapter is shown to make 
that individual unfit for the performance of safety-sensitive 
functions, the Secretary, after notice and opportunity for a 
hearing, may issue an order prohibiting the individual from 
performing safety-sensitive functions in the railroad industry 
for a specified period of time or until specified conditions 
are met. This subsection does not affect the Secretary's 
authority under section 20104 of this title to act on an 
emergency basis.]
  (c) Orders Prohibiting Individuals From Performing Safety-
Sensitive Functions.--
          (1) If an individual's violation of this part, 
        chapter 51 of this title, or a regulation prescribed, 
        or an order issued, by the Secretary under this part or 
        chapter 51 of this title is shown to make that 
        individual unfit for the performance of safety-
        sensitive functions, the Secretary, after providing 
        notice and an opportunity for a hearing, may issue an 
        order prohibiting the individual from performing 
        safety-sensitive functions in the railroad industry for 
        a specified period of time or until specified 
        conditions are met.
          (2) This subsection does not affect the Secretary's 
        authority under section 20104 of this title to act on 
        an emergency basis.
  (d) Regulations requiring reporting of remedial actions.--
          (1) The Secretary shall prescribe regulations to 
        require that a railroad carrier notified by the 
        Secretary that imposition of a civil penalty will be 
        recommended for a failure to comply with this part, 
        chapter 51 or 57 of this title, or a regulation 
        prescribed or order issued under any of those 
        provisions, shall report to the Secretary, not later 
        than the 30th day after the end of the month in which 
        the notification is received--
                  (A) actions taken to remedy the failure; or 
                (B) if appropriate remedial actions cannot be 
                taken by that 30th day, an explanation of the 
                reasons for the delay.
          (2) The Secretary--
                  (A) not later than June 3, 1993, shall issue 
                a notice of a regulatory proceeding for 
                proposed regulations to carry out this 
                subsection; and
                  (B) not later than September 3, 1994, shall 
                prescribe final regulations to carry out this 
                subsection.

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) $245,000,000 for fiscal year 2008;
                  (B) $260,000,000 for fiscal year 2009;
                  (C) $270,000,000 for fiscal year 2010;
                  (D) $280,000,000 for fiscal year 2011;
                  (E) $290,000,000 for fiscal year 2012; and
                  (F) $300,000,000 for fiscal year 2013.
          (2) With amounts appropriated pursuant to paragraph 
        (1), the Secretary may designate the following amounts 
        for research and development:
                  (A) $40,000,000.
                  (B) $42,000,000.
                  (C) $44,000,000.
                  (D) $46,000,000.
                  (E) $48,000,000.
                  (F) $51,000,000.
          (3) With amounts appropriated pursuant to paragraph 
        (1), the Secretary shall purchase Gage Restraint 
        Measurement System vehicles and track geometry vehicles 
        or other comparable technology as needed to assess 
        track safety, consistent with the results of the track 
        inspection study required by section 403 of the 
        Railroad Safety Enhancement Act of 2007.
          (4) 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 Testing and Training at the Transportation 
        Technology Center, Inc., in Pueblo, Colorado. The 
        facility shall be used to test and evaluate the safety 
        and security 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.
          (5) Such sums as may be necessary from the amount 
        appropriated pursuant to paragraph (1) for each of the 
        fiscal years 2008 through 2013 shall be made available 
        to the Secretary for personnel in regional offices and 
        in Washington, D.C., whose duties primarily involve 
        rail security.
  (b) Grade crossing safety.--Not more than $1,000,000 may be 
appropriated to the Secretary for improvements in grade 
crossing safety, except demonstration projects under section 
20134(c) of this title. Amounts appropriated under this 
subsection remain available until expended.
  (c) Research and development, automated track inspection, and 
state participation grants.--Amounts appropriated under this 
section for research and development, automated track 
inspection, and grants under section 20105(e) of this title 
remain available until expended.
  (d) Minimum available for certain purposes.--At least 50 
percent of the amounts appropriated to the Secretary for a 
fiscal year to carry out railroad research and development 
programs under this chapter or another law shall be available 
for safety research, improved track inspection and information 
acquisition technology, improved railroad freight 
transportation, and improved railroad passenger systems.
  (e) Operation lifesaver.--In addition to amounts otherwise 
authorized by law, there are authorized to be appropriated for 
railroad research and development $300,000 for fiscal year 
1995, $500,000 for fiscal year 1996, and $750,000 for fiscal 
year 1997, to support Operation Lifesaver, Inc.

Sec. 20118. Prohibition on public disclosure of required railroad 
                    safety analyses records

  (a) In General.--Notwithstanding section 552 of title 5 or 
any other provision of law, except as necessary for the 
Secretary of Transportation or another Federal agency to 
enforce or carry out any provision of Federal law, the 
Secretary shall not disclose publicly any part of any record 
(including, but not limited to, a railroad carrier's analysis 
of its safety risks and its statement of the mitigation 
measures it has identified with which to address those risks) 
that the Secretary has obtained pursuant to a provision of, or 
regulation or order under, this chapter related to the 
establishment, implementation, or modification of a railroad 
safety risk reduction program or pilot program if the record 
is--
          (1) supplied to the Secretary pursuant to that safety 
        risk reduction program or pilot program; or
          (2) made available for inspection and copying by an 
        officer, employee, or agent of the Secretary pursuant 
        to that safety risk reduction program or pilot program.
  (b) Exception.--Notwithstanding subsection (a), the Secretary 
may disclose any part of any record comprised of facts 
otherwise available to the public if, in the Secretary's sole 
discretion, the Secretary determines that disclosure would be 
consistent with the confidentiality needed for that safety risk 
reduction program.
  (c) Discretionary Prohibition of Disclosure.--The Secretary 
may prohibit the public disclosure of risk analyses or risk 
mitigation analyses that the Secretary has obtained under other 
provisions of, or regulations or orders under, this chapter if 
the Secretary determines that the prohibition of public 
disclosure is necessary to promote railroad safety.

Sec. 20119. Discovery and admission into evidence of certain reports 
                    and surveys

  Notwithstanding any other provision of law, no part of any 
report, survey, schedule, list, or data compiled or collected 
for the purpose of evaluating, planning, or implementing a 
railroad safety risk reduction program or other risk or risk 
mitigation analysis designated by the Secretary of 
Transportation under section 20118(c) pursuant to a provision 
of, or regulation or order under, this chapter (including a 
railroad carrier's analysis of its safety risks and its 
statement of the mitigation measures with which it will address 
those risks) shall be subject to discovery or admitted into 
evidence in a Federal or State court proceeding, or considered 
for another purpose, in any action by a private party or 
parties for damages against the carrier, or its officers, 
employees, or contractors. The preceding sentence does not 
apply to any report, survey, list, or data otherwise available 
to the public.

Sec. 20120. Enforcement Report.

  (a) In General.--Not later than December 31, 2008, the 
Secretary of Transportation shall make available to the public 
and publish on its public website an annual report that--
          (1) provides a summary of railroad safety and 
        hazardous materials compliance inspections and audits 
        that Federal or state inspectors conducted in the prior 
        fiscal year organized by type of alleged violation, 
        including track, motive power and equipment, signal, 
        grade crossing, operating practices, accident and 
        incidence reporting, and hazardous materials;
          (2) provides a summary of all enforcement actions 
        taken by the Secretary or the Federal Railroad 
        Administration during the prior fiscal year, 
        including--
                  (A) the number of civil penalties assessed 
                against railroad carriers, hazardous material 
                shippers, and individuals;
                  (B) the initial amount of civil penalties 
                assessed against railroad carriers, hazardous 
                materials shippers, and individuals;
                  (C) the number of civil penalty cases settled 
                against railroad carriers, hazardous material 
                shippers, and individuals;
                  (D) the final amount of civil penalties 
                assessed against railroad carriers, hazardous 
                materials shippers, and individuals;
                  (E) the difference between the initial and 
                final amounts of civil penalties assessed 
                against railroad carriers, hazardous materials 
                shippers, and individuals;
                  (F) the number of administrative hearings 
                requested and completed related to hazardous 
                materials transportation law violations or 
                enforcement actions against individuals;
                  (G) the number of cases referred to the 
                Attorney General for civil or criminal 
                prosecution;
                  (H) the number and subject matter of all 
                compliance orders, emergency orders or 
                precursor agreements;
          (3) analyzes the effect of the number of inspections 
        conducted and enforcement actions taken on the number 
        and rate of reported accidents and incidents and 
        railroad safety;
          (4) identifies the number of locomotive engineer 
        certification denial or revocation cases appealed to 
        and the average length of time it took to be decided 
        by--
                  (A) the Locomotive Engineer Review Board;
                  (B) an Administrative Hearing Officer or 
                Administrative Law Judge; or
                  (C) the Administrator of the Federal Railroad 
                Administration;
          (5) provides any explanation regarding changes in the 
        Secretary's or the Federal Railroad Administration's 
        enforcement programs or policies that may substantially 
        affect the information reported; and
          (6) includes any additional information that the 
        Secretary determines is useful to improve the 
        transparency of its enforcement program.

                       SUBTITLE V. RAIL PROGRAMS

                             PART A. SAFETY

                          CHAPTER 201. GENERAL

              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 items of 
nominal value and distribute them to the public without charge 
as part of an educational or awareness program to accomplish 
the purposes of this section and of any other sections of this 
title related to improving the safety of highway-rail crossings 
and to preventing trespass on railroad rights of way, and the 
Secretary shall prescribe guidelines for the administration of 
this authority.
  (b) Signal systems and other devices.--Not later than June 
22, 1989, the Secretary shall prescribe regulations and issue 
orders to ensure the safe maintenance, inspection, and testing 
of signal systems and devices at railroad highway grade 
crossings.
  (c) Demonstration projects.--
          (1) The Secretary shall establish demonstration 
        projects to evaluate whether accidents and incidents 
        involving trains would be reduced by--
                  (A) reflective markers installed on the road 
                surface or on a signal post at railroad grade 
                crossings;
                  (B) stop signs or yield signs installed at 
                grade crossings; and
                  (C) speed bumps or rumble strips installed on 
                the road surfaces at the approaches to grade 
                crossings.
          (2) Not later than June 22, 1990, the Secretary shall 
        submit a report on the results of the demonstration 
        projects to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate.

           *       *       *       *       *       *       *


[Sec. 20151. Railroad trespassing and vandalism 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, and develop model prevention 
strategies and enforcement laws to be used for the 
consideration of State and local legislatures and governmental 
entities. The first such evaluation and review shall be 
completed within 1 year after November 2, 1994. The Secretary 
shall revise such model prevention strategies and enforcement 
codes periodically.]

Sec. 20151. Railroad trespassing, vandalism, and highway-rail grade 
                    crossing warning sign 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, vandalism affecting 
railroad safety, and violations of highway-rail grade crossing 
warning signs 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 violations of grade crossing 
signals shall be completed within 1 year after the date of 
enactment of the Railroad Safety Enhancement Act of 2007. The 
Secretary shall revise the 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 
Railroad Safety Enhancement Act of 2007, the Secretary, after 
consultation with State and local governments and railroad 
carriers, shall develop and make available to State and local 
governments model State legislation providing for civil or 
criminal penalties, or both, for violations of highway-rail 
grade crossing warning signs.
  (d) Definition.--In this section, the term `violation of 
highway-rail grade crossing warning signs' 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, who 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. Notification of grade crossing problems

  Not later than 18 months after the date of enactment of the 
Railroad Safety Enhancement Act of 2007, the Secretary of 
Transportation shall require each railroad carrier to--
          (1) establish and maintain a telephone service, which 
        may be required to be a toll-free telephone for 
        specific railroad carriers as determined by the 
        Secretary to be appropriate, 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;
                  (B) disabled vehicles blocking railroad 
                tracks at such grade crossings;
                  (C) obstructions to the view of a pedestrian 
                or a vehicle operator for a reasonable distance 
                in either direction of a train's approach; or
                  (D) other safety information involving such 
                grade crossings;
          (2) upon receiving a report pursuant to paragraph 
        (1)(A) or (B), immediately contact trains operating 
        near the grade crossing to warn them of the malfunction 
        or disabled vehicle;
          (3) upon receiving a report pursuant to paragraph 
        (1)(A) or (B), and after contacting trains pursuant to 
        paragraph (2), contact, as necessary, appropriate 
        public safety officials having jurisdiction over the 
        grade crossing to provide them with the information 
        necessary for them to direct traffic, assist in the 
        removal of the disabled vehicle, or carry out other 
        activities as appropriate;
          (4) upon receiving a report pursuant to paragraph 
        (1)(C) or (D), timely investigate the report, remove 
        the obstruction if possible, or correct the unsafe 
        circumstance; and
          (5) ensure the placement at each grade crossing on 
        rights-of-way that it owns of appropriately located 
        signs, on which shall appear, at a minimum--
                  (A) a 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 
                telephone number; and
                  (C) the grade crossing number assigned for 
                that crossing by the National Highway-Rail 
                Crossing Inventory established by the 
                Department of Transportation.

           *       *       *       *       *       *       *


Sec. 20156. Railroad safety risk reduction pilot program

    (a) Pilot Program.--
          (1) In general.--In conjunction with ongoing 
        behavior-based safety research at the Department of 
        Transportation, the Secretary shall develop a 4-year 
        railroad safety risk reduction pilot program to 
        systematically evaluate and manage railroad safety 
        risks with the goal of reducing the numbers and rates 
        of railroad accidents, injuries, and fatalities. Not 
        later than 1 year after the date of enactment of the 
        Railroad Safety Enhancement Act of 2007, the Secretary 
        shall, in coordination with selected railroads, 
        railroad facilities, nonprofit employee labor 
        organizations that represent safety-related railroad 
        employees employed at such railroad or railroad 
        facility, and any other entities that the Secretary 
        determines to be relevant, at a minimum--
                  (A) identify the aspects of a selected 
                railroad or railroad facility, including 
                operating practices, infrastructure, equipment, 
                employee levels and schedules, safety culture, 
                management structure, employee training, and 
                other matters, including those not covered by 
                railroad safety regulations or other Federal 
                regulations, that impact railroad safety;
                  (B) evaluate how these aspects of a selected 
                railroad or railroad facility increase or 
                decrease risks to railroad safety;
                  (C) develop a safety risk reduction program 
                to improve the safety of a selected railroad or 
                railroad facility by reducing the numbers and 
                rates of accidents, injuries, and fatalities 
                through--
                          (i) the mitigation of the aspects of 
                        a selected railroad or railroad 
                        facility that increase risks to 
                        railroad safety; and
                          (ii) the enhancement of aspects of a 
                        selected railroad or railroad facility 
                        that decrease risks to railroad safety; 
                        and
                  (D) incorporate into the program the 
                consideration and use of existing, new, or 
                novel technology, operating practices, risk 
                management practices or other behavior-based 
                practices that could improve railroad safety at 
                the selected railroad or railroad facility.
          (2) Implementation deadline.--Not later than 2 years 
        after the date of enactment of the Railroad Safety 
        Enhancement Act of 2007, the selected railroad or 
        railroad facility shall implement the safety risk 
        reduction program developed under paragraph (1)(C) on 
        the selected railroad or railroad facility and ensure 
        that all employees at the selected railroad or railroad 
        facility have received training related to the program.
  (b) Selection of Railroad or Railroad Facility for Pilot 
Program.--Not later than 6 months after the date of enactment 
of the Railroad Safety Enhancement Act of 2007, the Secretary 
shall develop a voluntary application process to select 1 or 
more railroad or railroad facilities where the pilot project 
will be implemented. The application process shall include 
criteria for rating applicants, such as safety performance, 
accident and incident history, existence of risk management or 
behavior-based practices at the railroad or railroad facility, 
number of employees employed at the railroad or railroad 
facility, and other relevant criteria determined by the 
Secretary. If more than 1 railroad or railroad facility is 
selected, the Secretary shall select railroads and railroad 
facilities that are representative of the railroad industry as 
a whole, if possible.
  (c) Evaluation.--Not later than 6 months after the completion 
of the safety risk reduction program pilot program, the 
Secretary shall submit a report to Congress evaluating the 
pilot program, which shall include--
          (1) a summary of the railroad safety risk reduction 
        pilot program and description of the actions taken by 
        the Secretary and selected railroad or railroad 
        facilities during the program;
          (2) an analysis of the difference in the number and 
        rates of accidents, injuries, and fatalities at a 
        selected railroad or railroad facility before and after 
        the implementation of the risk reduction pilot program 
        at a selected railroad or railroad facility; and
          (3) guidelines on the preparation and implementation 
        of railroad safety risk reduction program for the 
        railroad carriers required to develop such plans under 
        section 20157 that reflect that best practices 
        developed during the pilot program.
  (d) Grants.--The Secretary shall establish a grant program 
for implementation of the railroad safety risk reduction pilot 
program. Railroads and railroad facilities selected by the 
Secretary shall be eligible for grants.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary of Transportation $1,000,000 
for fiscal years 2009 and 2010 to carry out this section.

Sec. 20157. Railroad safety risk reduction program

  (a) In General.--
          (1) Program requirement.--Not later than 5 years 
        after the date of enactment, the Secretary, by 
        regulation, shall require each railroad carrier that is 
        a Class I railroad, a railroad carrier that has 
        inadequate safety performance (as determined by the 
        Secretary), or a railroad that provides intercity 
        passenger or commuter rail passenger transportation--
                  (A) to develop a railroad safety risk 
                reduction program under subsection (d) that 
                systematically evaluates system-wide railroad 
                safety risks and manages those risks in order 
                to reduce the numbers and rates of railroad 
                accidents, injuries, and fatalities;
                  (B) to submit its program, including any 
                required plans, to the Federal Railroad 
                Administration for its review and approval; and
                  (C) to implement the program and plans 
                approved by the Federal Railroad 
                Administration.
          (2) Reliance on pilot program.--The Secretary shall 
        use the information and experience gathered through the 
        pilot program under section 20156 in developing 
        regulations under this section.
          (3) Waivers.--The Secretary may grant a waiver under 
        section 20103(d) to a railroad carrier from compliance 
        with all or a part of the requirements of this section 
        if the Secretary determines that the safety performance 
        of the railroad carrier is sufficient to warrant the 
        waiver.
          (4) Voluntary compliance.--A railroad carrier that is 
        not required to submit a railroad safety risk reduction 
        program under this section may voluntarily submit a 
        program that meets the requirements of this section to 
        the Federal Railroad Administration. The Federal 
        Railroad Administration shall approve or disapprove any 
        program submitted under this paragraph.
  (b) Certification.--The chief official responsible for safety 
of each railroad carrier required to submit a railroad safety 
risk reduction program under subsection (a) shall certify that 
the contents of the program are accurate and that the railroad 
will implement the contents of the program as approved by the 
Federal Railroad Administration.
  (c) Risk Analysis.--In developing its railroad safety risk 
reduction program each railroad required to submit such a 
program under subsection (a) shall identify and analyze the 
aspects of its railroad, including operating practices, 
infrastructure, equipment, employee levels and schedules, 
safety culture, management structure, employee training, and 
other matters, including those not covered by railroad safety 
regulations or other Federal regulations, that impact railroad 
safety.
  (d) Program Elements.--
          (1) In general.--Each railroad required to submit a 
        railroad safety risk reduction program under subsection 
        (a) shall develop a comprehensive safety risk reduction 
        program to improve safety by reducing the number and 
        rates of accidents, injuries, and fatalities that is 
        based on the risk analysis required by subsection (c) 
        through--
                  (A) the mitigation of aspects that increase 
                risks to railroad safety; and
                  (B) the enhancement of aspects that decrease 
                risks to railroad safety.
          (2) Required components.--Each railroad's safety risk 
        reduction program shall include a technology 
        implementation plan that meets the requirements of 
        subsection (e) and a fatigue management plan that meets 
        the requirements of subsection (f).
  (e) Technology Implementation Plan.--
          (1) In general.--As part of its railroad safety risk 
        reduction program, a railroad required to submit a 
        railroad safety risk reduction program under subsection 
        (a) shall develop a 10-year technology implementation 
        plan that describes the railroad's plan for 
        development, adoption, implementation, and use of 
        current, new, or novel technologies on its system over 
        a 10-year period to reduce safety risks identified 
        under the railroad safety risk reduction program.
          (2) Technology analysis.--A railroad's technology 
        implementation plan shall include an analysis of the 
        safety impact, feasibility, and cost and benefits of 
        implementing technologies, including processor-based 
        technologies, positive train control systems (as 
        defined in section 20158(b)), electronically controlled 
        pneumatic brakes, rail integrity inspection systems, 
        rail integrity warning systems, switch position 
        indicators, trespasser prevention technology, highway 
        rail grade crossing technology, and other new or novel 
        railroad safety technology, as appropriate, that may 
        mitigate risks to railroad safety identified in the 
        risk analysis required by subsection (c).
          (3) Implementation schedule.--A railroad's technology 
        implementation plan shall contain a prioritized 
        implementation schedule for the development, adoption, 
        implementation, and use of current, new, or novel 
        technologies on its system to reduce safety risks 
        identified under the railroad safety risk reduction 
        program.
  (f) Fatigue Management Plan.--
          (1) In general.--As part of its railroad safety risk 
        reduction program, a railroad required to submit a 
        railroad safety risk reduction program under subsection 
        (a) for which the analysis under subsection (c) has 
        shown fatigue to be a significant source of risk shall 
        develop a fatigue management plan that is designed to 
        reduce the fatigue experienced by safety-related 
        railroad employees and to reduce the likelihood of 
        accidents, injuries, and fatalities caused by fatigue.
          (2) Targeted fatigue countermeasures.--A railroad's 
        fatigue management plan shall take into account the 
        varying circumstances of operations by the railroad on 
        different parts of its system, and shall prescribe 
        appropriate fatigue countermeasures to address those 
        varying circumstances.
          (3) Additional elements.--A railroad shall consider 
        the need to include in its fatigue management plan 
        elements addressing each of the following items, as 
        applicable:
                  (A) Employee education and training on the 
                physiological and human factors that affect 
                fatigue, as well as strategies to reduce or 
                mitigate the effects of fatigue, based on the 
                most current scientific and medical research 
                and literature.
                  (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 an 
                employee's short-term or sustained response to 
                emergency situations, such as derailments and 
                natural disasters, or engagement in other 
                intensive working conditions.
                  (D) Scheduling practices for employees, 
                including innovative scheduling practices for 
                employees, including scheduling procedures, on-
                duty call practices, work and rest cycles, 
                increases in consecutive days off for 
                employees, changes in shift patterns, 
                appropriate scheduling practices for varying 
                types of work, and other aspects of employee 
                scheduling that would reduce employee fatigue 
                and cumulative sleep loss.
                  (E) Methods to minimize accidents and 
                incidences that occur as a result of working at 
                times when scientific and medical research have 
                shown increased fatigue disrupts employees' 
                circadian rhythm.
                  (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 employee sleeping 
                quarters provided by the railroad carrier.
                  (H) The increase of the number of consecutive 
                hours of off-duty rest, during which an 
                employee receives no communication from the 
                employing railroad carrier or its managers, 
                supervisors, officers, or agents.
                  (I) Avoidance of abrupt changes in rest 
                cycles for employees.
                  (J) Additional elements that the Secretary 
                considers appropriate.
  (g) Consensus.--
          (1) In general.--Each railroad required to submit a 
        railroad safety risk reduction program under subsection 
        (a) shall consult with, employ good faith and use its 
        best efforts to reach agreement with, all of its 
        directly affected employees, including any non-profit 
        labor organization representing a class or craft of 
        directly affected employees of the railroad carrier, on 
        the contents of the safety risk reduction program.
          (2) Statement.--If the railroad carrier and its 
        directly affected employees, including any nonprofit 
        employee labor organization representing a class or 
        craft of directly affected employees of the railroad 
        carrier, cannot reach consensus on the proposed 
        contents of the plan, then directly affected employees 
        and such organization may file a statement with the 
        Secretary explaining their views on the plan on which 
        consensus was not reached. The Secretary shall consider 
        such views during review and approval of the program.
  (h) Enforcement.--The Secretary shall have the authority to 
assess civil penalties pursuant to chapter 213 for a violation 
of this section, including the failure to submit, certify, or 
comply with a safety risk reduction program, technology 
implementation plan, or fatigue management plan.

Sec. 20158. Positive train control system implementation

  (a) In General.--The Secretary of Transportation shall ensure 
that each railroad required to submit a railroad safety risk 
reduction program pursuant to section 20157 that includes in 
its technology implementation plan a schedule for 
implementation of a positive train control system complies with 
that schedule and implements its positive train control system 
by December 31, 2018, unless the Secretary determines that a 
railroad shall implement its positive train control system by 
an earlier date.
  (b) Positive Train Control System Defined.--The term 
``positive train control system'' means a system designed to 
prevent train-to-train collisions, overspeed derailments, and 
incursions into roadway worker work limits.

Sec. 20159. Roadway user sight distance at highway-rail grade crossings

  (a) In General.--Not later than 18 months after the date of 
enactment of the Railroad Safety Enhancement Act of 2007, the 
Secretary of Transportation shall prescribe regulations that 
require each railroad carrier to remove from its active 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 materially obstruct the view of a 
pedestrian or a vehicle operator for a reasonable distance, as 
specified by the Secretary, 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 such crossings;
          (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 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) Model Legislation.--Not later than 18 months after the 
date of enactment of the Railroad Safety Enhancement Act of 
2007, the Secretary, after consultation with the Federal 
Railroad Administration, the Federal Highway Administration, 
and States, shall develop and make available to States model 
legislation providing for improving safety by addressing sight 
obstructions, at highway-rail grade crossings that are equipped 
solely with passive warnings, as recommended by the Inspector 
General of the Department of Transportation in Report No. MH-
2007-044.

Sec. 20160. National crossing inventory

  (a) Initial Reporting of Information About Previously 
Unreported Crossings.--Not later than 1 year after the date of 
enactment of the Railroad Safety Enhancement 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 2 
        years after the date of enactment of the Railroad 
        Safety Enhancement Act of 2007 and on or before 
        September 30 of every 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 Railroad 
Safety Enhancement 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 Railroad Safety Enhancement 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 explicitly authorized by a 
                public authority or a railroad that is 
                dedicated for the use of nonvehicular traffic, 
                including pedestrians, bicyclists, and others, 
                that is not associated with a public highway, 
                road, or street, or a private roadway, crosses 
                one or more railroad tracks either at grade or 
                grade-separated.
          (2) State.--The term ``State'' means a State of the 
        United States, the District of Columbia, or the 
        Commonwealth of Puerto Rico.

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

  (a) Policy.--It is the policy of the Department of 
Transportation to encourage the development of new technology 
that can prevent loss of life and injuries at highway-rail 
grade crossings. The Secretary of Transportation shall carry 
out this policy in consultation with States and necessary 
public and private entities.
  (b) Submission of New Technology Proposals.--Railroad 
carriers and railroad suppliers may submit for review and 
approval to the Secretary such new technology designed to 
improve safety at highway-rail grade crossings. The Secretary 
shall approve the new technology designed to improve safety at 
highway-rail grade crossings in accordance with Federal 
Railroad Administration standards for the development and use 
of processor-based signal and train control systems and shall 
consider the effects on safety of highway-user interface with 
the new technology.
  (c) Effect of Secretarial Approval.--If the Secretary 
approves new technology to provide warning to highway users at 
a highway-rail grade crossing and such technology is installed 
at a highway-rail grade crossing in accordance with the 
conditions of the approval, this determination preempts any 
State law concerning the adequacy of the technology in 
providing warning at the crossing. Under no circumstances may a 
person (including a State, other public authority, railroad 
carrier, system designer, or supplier of the technology) be 
held liable for damages for any harm to persons or property 
because of an accident or incident at the crossing protected by 
such technology based upon the carrier's failure to properly 
inspect and maintain such technology, if the carrier has 
inspected and maintained the technology in accordance with the 
terms of the Secretary's approval.

Sec. 20162. Employee training

  (a) In General.--Not later than 1 year after the date of 
enactment of the Railroad Safety Enhancement Act of 2007, the 
Secretary of Transportation shall issue regulations requiring 
railroad carriers and railroad carrier contractors and 
subcontractors to develop training plans for crafts and classes 
of employees, as the Secretary determines appropriate.
  (b) Contents.--The Secretary shall require that each training 
plan--
          (1) clearly identify the class of craft of employees 
        to which the plan applies;
          (2) require that employees be trained on the 
        requirements of relevant Federal railroad safety laws, 
        regulations, and orders;
          (3) require employees to be tested or otherwise 
        demonstrate their proficiency in the subject matter of 
        the training; and
          (4) contain any other relevant information that the 
        Secretary deems appropriate.
  (c) Submission for Approval.--The Secretary shall require 
each railroad carrier, railroad carrier contractor, and 
railroad carrier subcontractor to submit its training plan to 
the Federal Railroad Administration for review and approval.
  (d) Exemption.--The Secretary may exempt railroad carriers 
and railroad carrier contractors and subcontractors from 
submitting training plans covering employees for which the 
Secretary has issued training regulations before the date of 
enactment of the Railroad Safety Enhancement Act of 2007.

Sec. 20163. Railroad safety technology grants

  (a) Grant Program.--The Secretary of Transportation shall 
establish a grant program for the deployment of train control 
technologies, train control component technologies, processor-
based technologies, electronically controlled pneumatic brakes, 
rail integrity inspection systems, rail integrity warning 
systems, switch position indicators, remote control power 
switch technologies, track integrity circuit technologies, and 
other new or novel railroad safety technology.
  (b) Grant Criteria.--
          (1) Eligibility.--Grants shall be made under this 
        section to eligible passenger and freight railroad 
        carriers, railroad suppliers, and State and local 
        governments for projects described in subsection (a) 
        that have a public benefit of improved safety and 
        network efficiency.
          (2) Considerations.--Priority shall be given to 
        projects that--
                  (A) focus on making technologies 
                interoperable between railroad systems, such as 
                train control technologies;
                  (B) provide incentives for train control 
                technology deployment on high-risk corridors, 
                such as those that have high volumes of 
                hazardous materials shipments or over which 
                commuter or passenger trains operate; or
                  (C) benefit both passenger and freight safety 
                and efficiency.
          (3) Technology implementation plan.--Grants may not 
        be awarded under this section to entities that fail to 
        develop and submit to the Secretary a technology 
        implementation plan as required by section 20157(d)(2).
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary of Transportation $20,000,000 
for each of fiscal years 2008 through 2013 to carry out this 
section. Amounts appropriated pursuant to this section shall 
remain available until expended.

Sec. 20164. Railroad safety infrastructure improvement grants

  (a) Grant Program.--The Secretary of Transportation shall 
establish a grant program for safety improvements to railroad 
infrastructure, including the acquisition, improvement, or 
rehabilitation of intermodal or rail equipment or facilities, 
including track, bridges, tunnels, yards, buildings, passenger 
stations, facilities, and maintenance and repair shops.
  (b) Eligibility.--Grants shall be made under this section to 
eligible passenger and freight railroad carriers, and State and 
local governments for projects described in subsection (a).
  (c) Considerations.--In awarding grants the Secretary shall 
consider, at a minimum--
          (1) the age and condition of the rail infrastructure 
        of the applicant;
          (2) the railroad's safety record, including accident 
        and incident numbers and rates;
          (3) the volume of hazardous materials transported by 
        the railroad;
          (4) the operation of passenger trains over the 
        railroad; and
          (5) whether the railroad has submitted a railroad 
        safety risk reduction program, as required by section 
        20157.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary of Transportation $15,000,000 
for each of fiscal years 2008 through 2013 to carry out this 
section. Amounts appropriated pursuant to this subsection shall 
remain available until expended.

Sec. 20165. Development and use of rail safety technology

  (a) In General.--Not later than 1 year after enactment of the 
Railroad Safety Enhancement Act of 2007, the Secretary of 
Transportation shall issue standards, guidance, regulations, or 
orders governing the development, use, and implementation of 
rail safety technology in dark territory, in arrangements not 
defined in section 20501 or otherwise not covered by Federal 
standards, guidance, regulations, or orders that ensures its 
safe operation, such as--
          (1) switch position monitoring devices;
          (2) radio, remote control or other power-assisted 
        switches;
          (3) hot box, high water or earthquake detectors;
          (4) remote control locomotive zone limiting devices;
          (5) slide fences;
          (6) grade crossing video monitors;
          (7) track integrity warning systems;
          (8) or other similar rail safety technologies, as 
        determined by the Secretary.
  (b) Dark Territory Defined.--In this section, the term ``dark 
territory'' means any territory in a railroad system that does 
not have a signal or train control system installed or 
operational.

Sec. 20166. Limitations on non-federal alcohol and drug testing

  (a) Testing Requirements.--Any non-Federal alcohol and drug 
testing program of a railroad carrier must provide that all 
post-employment tests of the specimens of employees who are 
subject to both the program and chapter 211 of this title be 
conducted using a scientifically recognized method of testing 
capable of determining the presence of the specific analyte at 
a level above the cut-off level established by the carrier.
  (b) Redress Process.--Each railroad carrier that has a non-
Federal alcohol and drug testing program must provide a redress 
process to its employees who are subject to both the alcohol 
and drug testing program and chapter 211 of this title for such 
an employee to petition for, and receive, a carrier hearing to 
review his or her specimen test results that were determined to 
be in violation of the program. A dispute or grievance raised 
by a railroad carrier or its employee, except a probationary 
employee, in connection with the carrier's alcohol and drug 
testing program and the application of this section is subject 
to resolution under section 3 of the Railway Labor Act (45 
U.S.C. 153).

                       SUBTITLE V. RAIL PROGRAMS

                             PART A. SAFETY

                     CHAPTER 203. SAFETY APPLIANCES

Sec. 20303. Moving defective and insecure vehicles needing repairs

  (a) General.--A vehicle that is equipped in compliance with 
this chapter whose equipment becomes defective or insecure 
nevertheless may be moved when necessary to make repairs, 
without a penalty being imposed under section 21302 of this 
title, from the place at which the defect or insecurity was 
first discovered to the nearest available place at which the 
repairs can be made--
          (1) on the railroad line on which the defect or 
        insecurity was discovered; or
          (2) at the option of a connecting railroad carrier, 
        on the railroad line of the connecting carrier, if not 
        farther than the place of repair described in clause 
        (1) of this subsection.
  (b) Use of chains instead of drawbars.--A vehicle in a 
revenue train or in association with commercially-used vehicles 
may be moved under this section with chains instead of drawbars 
only when the vehicle contains livestock or perishable freight.
  (c) Liability.--The movement of a vehicle under this section 
is at the risk only of the railroad carrier doing the moving. 
This section does not relieve a carrier from liability in a 
proceeding to recover damages for death or injury of a railroad 
employee arising from the movement of a vehicle with equipment 
that is defective, insecure, or not maintained in compliance 
with this chapter.
  (d) Additional Conditions for Movement To Make Repairs to 
Defective or Insecure Vehicles.--
          (1) In general.--The Secretary of Transportation may 
        impose conditions for the movement of a defective or 
        insecure vehicle to make repairs in addition to those 
        conditions set forth in subsection (a) by prescribing 
        regulations or issuing orders as necessary.
          (2) Necessity of movement.--The movement of a 
        defective or insecure vehicle from a location may be 
        necessary to make repairs of the vehicle even though a 
        mobile repair truck capable of making the repairs has 
        gone to the location on an irregular basis (as 
        specified in regulations prescribed by the Secretary).
  (e) Definitions.--In this section:
          (1) Nearest.--The term ``nearest'' means the closest 
        in the forward direction of travel for the defective or 
        insecure vehicle.
          (2) Place at which the repairs can be made.--The term 
        ``place at which the repairs can be made'' means--
                  (A) a location with a fixed facility for 
                conducting the repairs that are necessary to 
                bring the defective or insecure vehicle into 
                compliance with this chapter; or
                  (B) a location where a mobile repair truck 
                capable of making the repairs that are 
                necessary to bring the defective or insecure 
                vehicle into compliance with this chapter makes 
                the same kind of repair at the location 
                regularly (as specified in regulations 
                prescribed by the Secretary).

                     CHAPTER 211. HOURS OF SERVICE

Sec. 21101. Definitions

  In this chapter--
          (1) ``designated terminal'' means the home or away-
        from-home terminal for the assignment of a particular 
        crew.
          (2) ``dispatching service employee'' means an 
        operator, train dispatcher, or other train employee who 
        by the use of an electrical or mechanical device 
        dispatches, reports, transmits, receives, or delivers 
        orders related to or affecting train movements.
          (3) ``employee'' means a dispatching service 
        employee, a signal employee, or a train employee.
          (4) ``signal employee'' means an individual [employed 
        by a railroad carrier] who is engaged in installing, 
        repairing, or maintaining railroad signal systems.
          (5) ``train employee'' means an individual engaged in 
        or connected with the movement of a train, including a 
        hostler.

[Sec. 21102. Nonapplication and exemption]

Sec. 21102. Nonapplication, exemption, and alternate hours of service 
                    regime

  (a) General.--This chapter does not apply to a situation 
involving any of the following:
          (1) a casualty.
          (2) an unavoidable accident.
          (3) an act of God.
          (4) a delay resulting from a cause unknown and 
        unforeseeable to a railroad carrier or its officer or 
        agent in charge of the employee when the employee left 
        a terminal.
  (b) Exemption.--The Secretary of Transportation may exempt a 
railroad carrier having not more than 15 employees covered by 
this chapter from the limitations imposed by this chapter. The 
Secretary may allow the exemption after a full hearing, for 
good cause shown, and on deciding that the exemption is in the 
public interest and will not affect safety adversely. The 
exemption shall be for a specific period of time and is subject 
to review at least annually. The exemption may not authorize a 
carrier to require or allow its employees to be on duty more 
than a total of 16 hours in a 24-hour period.
  (c) Alternate Hours of Service Regime.--A railroad carrier 
and its directly affected employees or a non-profit employee 
labor organization that represents such employees may jointly 
develop and submit for approval to the Secretary an alternate 
hours of service regime to that provided in this chapter that 
would increase the maximum hours an employee may be required or 
allowed to go or remain on duty or decrease the minimum hours 
an employee may be required to rest and would become effective 
no earlier than 1 year after the date of enactment of the 
Railroad Safety Enhancement Act of 2007. The Secretary may 
consider such a request anytime after the date of enactment of 
the Railroad Safety Enhancement Act of 2007 and may approve 
such a request only after providing an opportunity for public 
notice and comment and determining that the proposed hours of 
service regime is in the public interest and will not adversely 
affect railroad safety. The exemption shall be for a specific 
period of time and shall be subject to review upon a schedule 
determined appropriate by the Secretary.

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) In General.--Except as provided in subsection (d) of this 
section, a railroad carrier and its officers and agents may not 
require or allow a train employee to--
          (1) remain or go on duty in any calendar month where 
        the employee had spent a total of 276 hours--
                  (A) on duty; or
                  (B) waiting for transportation, or in 
                deadhead transportation, to a place of final 
                release;
          (2) remain or go on duty for a period in excess of 12 
        consecutive hours;
          (3) remain or go on duty unless that employee has had 
        at least 10 consecutive hours off duty during the prior 
        24 hours; and
          (4) remain or go on duty after that employee has 
        initiated an on-duty period each day for--
                  (A) 6 consecutive days, unless that employee 
                has had at least 48 consecutive hours off duty 
                at the employee's home terminal during which 
                time the employee is unavailable for any 
                service for any railroad carrier; or
                  (B) 7 consecutive days, if permitted by a 
                collective bargaining agreement, unless that 
                employee has had at least 72 consecutive hours 
                off duty at the employee's home terminal during 
                which time the employee is unavailable for any 
                service for any railroad carrier.
The Secretary may waive paragraph (4), consistent with the 
procedural requirements of section 20103, if a collective 
bargaining agreement provides a different arrangement and such 
an arrangement is in the public interest and consistent with 
railroad safety.
  (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) Time on duty begins when the employee reports for 
        duty and ends when the employee is finally released 
        from duty.
          (2) Time the employee is engaged in or connected with 
        the movement of a train is time on duty.
          (3) Time spent performing any other service for the 
        railroad carrier during a 24-hour period in which the 
        employee is engaged in or connected with the movement 
        of a train is time on duty.
          (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 a 
        final release is neither time on duty nor time off 
        duty.
          (5) An interim period available for rest at a place 
        other than a designated terminal is time on duty.
          (6) An interim period available for less than 4 hours 
        rest at a designated terminal is time on duty.
          (7) An interim period available for at least 4 hours 
        rest at a place with suitable facilities for food and 
        lodging is not time on duty when the employee is 
        prevented from getting to the employee's designated 
        terminal by any of the following:
                  (A) a casualty.
                  (B) a track obstruction.
                  (C) an act of God.
                  (D) a derailment or major equipment failure 
                resulting from a cause that was unknown and 
                unforeseeable to the railroad carrier or its 
                officer or agent in charge of that employee 
                when that employee left the designated 
                terminal.
  (c) Limbo Time Limitation and Additional Rest Requirement.--
          (1) A railroad carrier may not require or allow an 
        employee to remain or go on duty in excess of 15 hours 
        of time on duty and time waiting for deadhead 
        transportation on a train, not including interim rest 
        periods unless the train carrying the employee is 
        directly delayed by--
                  (A) a casualty;
                  (B) an accident;
                  (C) an act of God;
                  (D) a derailment;
                  (E) a major equipment failure that prevents 
                the train from advancing; or
                  (F) a delay resulting from a cause unknown 
                and unforeseeable to a railroad carrier or its 
                officer or agent in charge of the employee when 
                the employee left a terminal.
          (2) Each railroad shall report to the Secretary, in 
        accordance with procedures established by the 
        Secretary, each instance where an employee subject to 
        this section spends time waiting for deadhead 
        transportation on a train in excess of the requirements 
        of paragraph (1).
          (3) A railroad carrier and its officers and agents 
        shall provide, at the election of employees subject to 
        this section at the beginning of the employee's off-
        duty period additional time off duty equal to the 
        number of hours that such sum exceeds 12 hours if--
                  (A) the time spent waiting for 
                transportation, or in deadhead transportation, 
                from a duty assignment to the place of final 
                release that is not time on duty, plus
                  (B) the time on duty,
        exceeds 12 consecutive hours.
  [(c)] (d) Emergencies.--A train employee on the crew of a 
wreck or relief train may be allowed to remain or go on duty 
for not more than 4 additional hours in any period of 24 
consecutive hours when an emergency exists and the work of the 
crew is related to the emergency. In this subsection, an 
emergency ends when the track is cleared and the railroad line 
is open for traffic.
  (e) Communication During Time Off Duty.--During a train 
employee's minimum off-duty period of 10 consecutive hours, as 
provided under subsection (a), during an interim period of at 
least 4 consecutive hours available for rest under subsection 
(b)(7), or during additional off duty hours elected to be taken 
by an employee under paragraph (b)(3), 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 reasonably be expected to 
disrupt the employee's rest. Nothing in this subsection shall 
prohibit communication necessary to notify an employee of an 
emergency situation, as defined by the Secretary. The Secretary 
may waive the requirements of this paragraph for commuter or 
intercity passenger railroads if the Secretary determines that 
such a waiver will not reduce safety and is necessary to 
maintain such railroads' efficient operations and on-time 
performance of its trains.

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) In General.--Except as provided in subsection (c) of this 
section, a railroad carrier and its officers and agents may not 
require or allow its signal employee to remain or go on duty 
and a contractor or subcontractor to a railroad may not require 
or allow one of its signal employees to remain or go on duty --
          (1) for a period in excess of 12 consecutive hours; 
        or
          (2) unless that employee has had at least 10 
        consecutive hours off duty during the prior 24 hours.
  (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) Time on duty begins when the employee reports for 
        duty and ends when the employee is finally released 
        from duty.
          (2) Time spent performing any other service for the 
        railroad carrier during a 24-hour period in which the 
        employee is engaged in installing, repairing, or 
        maintaining signal systems is time on duty.
          (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.] duty.
          (4) If, at the end of scheduled duty hours, an 
        employee has not completed the trip from the final 
        outlying worksite of the duty period to the employee's 
        headquarters or directly to the employee's residence, 
        the time after the scheduled duty hours necessarily 
        spent in completing the trip to the residence or 
        headquarters is neither time on duty nor time off duty.
          (5) If an employee is released from duty at an 
        outlying worksite before the end of the employee's 
        scheduled duty hours to comply with this section, the 
        time necessary for the trip from the worksite to the 
        employee's headquarters or directly to the employee's 
        residence is neither time on duty nor time off duty.
          (6) Time spent in transportation on an ontrack 
        vehicle, including time referred to in paragraphs (3)-
        (5) of this subsection, is time on duty.
          (7) A regularly scheduled meal period or another 
        release period of at least 30 minutes but not more than 
        one hour is time off duty and does not break the 
        continuity of service of the employee under this 
        section, but a release period of more than one hour is 
        time off duty and does break the continuity of service.
  (c) Emergencies.--A signal employee may be allowed to remain 
or go on duty for not more than 4 additional hours in any 
period of 24 consecutive hours when an emergency exists and the 
work of that employee is related to the emergency. in this 
subsection, an emergency ends when the signal system is 
restored to service. 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 reasonably be expected to 
disrupt the employee's rest. Nothing in this subsection shall 
prohibit communication necessary to notify an employee of an 
emergency situation, as defined by the Secretary.
  (e) Exclusivity.--The hours of service, duty hours, and rest 
periods of signal employees shall be governed exclusively by 
this chapter. Signal employees operating motor vehicles shall 
not be subject to any hours of service rules, duty hours or 
rest period rules promulgated by any Federal authority, 
including the Federal Motor Carrier Safety Administration, 
other than the Federal Railroad Administration.

Sec. 21106. Limitations on employee sleeping quarters

  (a) In General._A railroad carrier and its officers and 
agents--
          (1) may provide sleeping quarters (including crew 
        quarters, camp or bunk cars, and trailers) for 
        employees, and any individuals employed to maintain the 
        right of way of a railroad carrier, only if the 
        sleeping quarters are clean, safe, and [sanitary and 
        give those employees and individuals an opportunity for 
        rest free from the interruptions caused by noise under 
        the control of the carrier;] sanitary, give those 
        employees and individuals an opportunity for rest free 
        from the interruptions caused by noise under the 
        control of the carrier, and provide indoor toilet 
        facilities, potable water, and other features to 
        protect the health of employees; and
          (2) may not begin, after July 7, 1976, construction 
        or reconstruction of sleeping quarters referred to in 
        clause (1) of this section in an area or in the 
        immediate vicinity of an area, as determined under 
        regulations prescribed by the Secretary of 
        Transportation, in which railroad switching or humping 
        operations are performed.
  (b) Camp Cars.--No later than 12 months after the date of 
enactment of the Railroad Safety Enhancement Act of 2007, the 
Secretary, in consultation with the Secretary of Labor, shall 
issue regulations governing the use of camp cars, pursuant to 
subsection (a)(1), for employees and any individuals employed 
to maintain the right of way of a railroad carrier. The 
regulations may also prohibit the use of camp cars, if 
necessary, to protect the health and safety of the employees.

           *       *       *       *       *       *       *


Sec. 21109. Regulatory authority

  (a) In General.--In order to improve safety and reduce 
employee fatigue, the Secretary may issue regulations--
          (1) to reduce the maximum hours an employee may be 
        required or allowed to go or remain on duty to a level 
        less than the level established under this chapter;
          (2) to increase the minimum hours an employee may be 
        required or allowed to rest to a level greater than the 
        level established under this chapter;
          (3) to limit or eliminate the amount of time an 
        employee spends waiting for or in deadhead 
        transportation to the place of final release that is 
        considered neither on duty nor off duty under this 
        chapter;
          (4) to make changes to the number of hours an 
        employee may spend waiting on a train for deadhead 
        transportation to the place of final release that is 
        considered neither on duty nor off duty that provide 
        for an equivalent level of safety as the level 
        established under this chapter;
          (5) to make changes to the requirements of off-duty 
        communications with employees that provide for an 
        equivalent level of safety as the level established 
        under this chapter;
          (6) for signal employees--
                  A) to limit or eliminate the amount of time 
                that is considered to be neither on duty nor 
                off duty under this chapter that an employee 
                spends returning from an outlying worksite 
                after scheduled duty hours or returning from a 
                trouble call to the employee's headquarters or 
                directly to the employee's residence; and
                  (B) to increase the amount of time that 
                constitutes a release period, that does not 
                break the continuity of service and is 
                considered time off duty; and
          (7) to require other changes to railroad operating 
        and scheduling practices that could affect employee 
        fatigue and railroad safety.
  (b) Considerations.--In issuing regulations under subsection 
(a) the Secretary shall consider scientific and medical 
research related to fatigue and fatigue abatement, railroad 
scheduling and operating practices that improve safety or 
reduce employee fatigue, a railroad's use of new or novel 
technology intended to reduce or eliminate human error, the 
variations in freight and passenger railroad scheduling 
practices and operating conditions, the variations in duties 
and operating conditions for employees subject to this chapter, 
a railroad's required or voluntary use of fatigue management 
plans covering employees subject to this chapter, and any other 
relevant factors.
  (c) Time Limits.--If the Secretary requests that the Railroad 
Safety Advisory Committee accept the task of developing 
regulations under paragraph (a) and the Committee accepts the 
task, the Committee shall reach consensus on the rulemaking 
within 18 months after accepting the task. If the Committee 
does not reach consensus within 18 months after the Secretary 
makes the request, the Secretary shall prescribe appropriate 
regulations within 18 months. If the Secretary does not request 
that the Railroad Safety Advisory Committee accept the task of 
developing regulations under subsection (a), the Secretary 
shall issue regulations within 3 years after the date of 
enactment of the Railroad Safety Enhancement Act of 2007.
  (d) Pilot Projects.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of the Railroad Safety Enhancement 
        Act of 2007, the Secretary shall conduct at least 2 
        pilot projects of sufficient size and scope to analyze 
        specific practices which may be used to reduce fatigue 
        for train and engine and other railroad employees as 
        follows:
                  (A) A pilot project at a railroad or railroad 
                facility to evaluate the efficacy of 
                communicating to employees notice of their 
                assigned shift time 10 hours prior to the 
                beginning of their assigned shift as a method 
                for reducing employee fatigue.
                  (B) A pilot project at a railroad or railroad 
                facility to evaluate the efficacy of requiring 
                railroads who use employee scheduling practices 
                that subject employees to periods of 
                unscheduled duty calls to assign employees to 
                defined or specific unscheduled call shifts 
                that are followed by shifts not subject to 
                call, as a method for reducing employee 
                fatigue.
          (2) Waiver.--The Secretary may temporarily waive the 
        requirements of this section, if necessary, to complete 
        a pilot project under this subsection.
  (e) Duty Call Defined.--In this section the term ``duty 
call'' means a telephone call that a railroad places to an 
employee to notify the employee of his or her assigned shift 
time.

                         CHAPTER 213. PENALTIES

                     SUBCHAPTER I. CIVIL PENALTIES

Sec. 21301. Chapter 201 general violations

  (a) Penalty.--
          (1) A person may not fail to comply with section 
        20160 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 20160 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
          (3) The Secretary may compromise the amount of a 
        civil penalty imposed under this subsection to not less 
        than $500 before referring the matter to the Attorney 
        General for collection. In determining the amount of a 
        compromise, the Secretary shall consider--
                  (A) the nature, circumstances, extent, and 
                gravity of the violation;
                  (B) with respect to the violator, the degree 
                of culpability, any history of violations, the 
                ability to pay, and any effect on the ability 
                to continue to do business; and
                  (C) other matters that justice requires.
  (b) Setoff.--The Government may deduct the amount of a civil 
penalty imposed or compromised under this section from amounts 
it owes the person liable for the penalty.
  (c) Deposit in Treasury.--A civil penalty collected under 
this section or section 20113(b) of this title shall be 
deposited in the Treasury as miscellaneous receipts.

Sec. 21302. Chapter 201 accident and incident violations and chapter 
                    203-209 violations

  (a) Penalty.--
          (1) Subject to section 21304 of this title, a person 
        violating a regulation prescribed or order issued under 
        chapter 201 of this title related to accident and 
        incident reporting or investigation, or violating 
        chapters 203-209 of this title or a regulation or 
        requirement prescribed or order issued under chapters 
        203-209, is liable to the United States Government for 
        a civil penalty. An act by an individual that causes a 
        railroad carrier to be in violation is a violation. A 
        separate violation occurs for each day the violation 
        continues.
          (2) The Secretary of Transportation imposes a civil 
        penalty under this subsection. The amount of the 
        penalty shall be at least $500 but not more than 
        [$10,000.] $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.
          (3) The Secretary may compromise the amount of the 
        civil penalty under section 3711 of title 31. In 
        determining the amount of a compromise, the Secretary 
        shall consider--
                  (A) the nature, circumstances, extent, and 
                gravity of the violation;
                  (B) with respect to the violator, the degree 
                of culpability, any history of violations, the 
                ability to pay, and any effect on the ability 
                to continue to do business; and
                  (C) other matters that justice requires.
          (4) If the Secretary does not compromise the amount 
        of the civil penalty, the Secretary shall refer the 
        matter to the Attorney General for collection.
  (b) Civil actions to collect.--The Attorney General shall 
bring a civil action in a district court of the United States 
to collect a civil penalty that is referred to the Attorney 
General for collection under subsection (a) of this section. 
The action may be brought in the judicial district in which the 
violation occurred or the defendant has its principal executive 
office. If the action is against an individual, the action also 
may be brought in the judicial district in which the individual 
resides.

Sec. 21303. Chapter 211 violations

  (a) Penalty.--
          (1) Subject to section 21304 of this title, a person 
        violating chapter 211 of this title, or violating any 
        provision of a waiver applicable to that person that 
        has been granted under section 21108 of this title, is 
        liable to the United States Government for a civil 
        penalty. An act by an individual that causes a railroad 
        carrier to be in violation is a violation. For a 
        violation of section 21106 of this title, a separate 
        violation occurs for each day a facility is not in 
        compliance.
          (2) The Secretary of Transportation imposes a civil 
        penalty under this subsection. The amount of the 
        penalty shall be at least $500 but not more than 
        [$10,000.] $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.
          (3) The Secretary may compromise the amount of the 
        civil penalty under section 3711 of title 31. In 
        determining the amount of a compromise, the Secretary 
        shall consider--
                  (A) the nature, circumstances, extent, and 
                gravity of the violation;
                  (B) with respect to the violator, the degree 
                of culpability, any history of violations, the 
                ability to pay, and any effect on the ability 
                to continue to do business; and
                  (C) other matters that justice requires.
          (4) If the Secretary does not compromise the amount 
        of the civil penalty, the Secretary shall refer the 
        matter to the Attorney General for collection.
  (b) Civil actions to collect.--
          (1) The Attorney General shall bring a civil action 
        in a district court of the United States to collect a 
        civil penalty that is referred to the Attorney General 
        for collection under subsection (a) of this section 
        after satisfactory information is presented to the 
        Attorney General. The action may be brought in the 
        judicial district in which the violation occurred or 
        the defendant has its principal executive office. If 
        the action is against an individual, the action also 
        may be brought in the judicial district in which the 
        individual resides.
          (2) A civil action under this subsection must be 
        brought not later than 2 years after the date of the 
        violation unless administrative notification under 
        section 3711 of title 31 is given within that 2-year 
        period to the person committing the violation. However, 
        even if notification is given, the action must be 
        brought within the period specified in section 2462 of 
        title 28.
  (c) Imputation of knowledge.--In any proceeding under this 
section, a railroad carrier is deemed to know the acts of its 
officers and agents.

                    PART C-PASSENGER TRANSPORTATION

CHAPTER 243. AMTRAK

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Sec. 24316. Plans to address needs of families of passengers involved 
                    in rail passenger accidents

  (a) Submission of Plan.--Not later than 6 months after the 
date of the enactment of the Railroad Safety Enhancement Act of 
2007, a rail passenger carrier shall submit to the Chairman of 
the National Transportation Safety Board, the Secretary of 
Transportation, and the Secretary of Homeland Security a plan 
for addressing the needs of the families of passengers involved 
in any rail passenger accident involving a rail passenger 
carrier intercity train and resulting in a major loss of life.
  (b) Contents of Plans.--The plan to be submitted by a rail 
passenger carrier under subsection (a) shall include, at a 
minimum, the following:
          (1) A process by which a rail passenger carrier will 
        maintain and provide to the National Transportation 
        Safety Board, the Secretary of Transportation, and the 
        Secretary of Homeland Security, immediately upon 
        request, a list (which is based on the best available 
        information at the time of the request) of the names of 
        the passengers aboard the train (whether or not such 
        names have been verified), and will periodically update 
        the list. The plan shall include a procedure, with 
        respect to unreserved trains and passengers not holding 
        reservations on other trains, for a rail passenger 
        carrier to use reasonable efforts to ascertain the 
        number and names of passengers aboard a train involved 
        in an accident.
          (2) A plan for creating and publicizing a reliable, 
        toll-free telephone number within 4 hours after such an 
        accident occurs, and for providing staff, to handle 
        calls from the families of the passengers.
          (3) A process for notifying the families of the 
        passengers, before providing any public notice of the 
        names of the passengers, by suitably trained 
        individuals.
          (4) A process for providing the notice described in 
        paragraph (2) to the family of a passenger as soon as a 
        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).
          (5) A process by which the family of each passenger 
        will be consulted about the disposition of all remains 
        and personal effects of the passenger within a rail 
        passenger carrier's control; that any possession of the 
        passenger within a rail passenger carrier's control 
        will be returned to the family unless the possession is 
        needed for the accident investigation or any criminal 
        investigation; and that any unclaimed possession of a 
        passenger within a rail passenger carrier's control 
        will be retained by the rail passenger carrier for at 
        least 18 months.
          (6) A process by which the treatment of the families 
        of nonrevenue passengers will be the same as the 
        treatment of the families of revenue passengers.
          (7) An assurance that a rail passenger carrier will 
        provide adequate training to its employees and agents 
        to meet the needs of survivors and family members 
        following an accident.
  (c) Use of Information.--Neither the National Transportation 
Safety Board, the Secretary of Transportation, the Secretary of 
Homeland Security, nor a rail passenger carrier may release any 
personal information on a list obtained under subsection (b)(1) 
but may provide information on the list about a passenger to 
the family of the passenger to the extent that the Board or a 
rail passenger carrier considers appropriate.
  (d) 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 a rail passenger 
carrier under this section in preparing or providing a 
passenger list, or in providing information concerning a train 
reservation, pursuant to a plan submitted by a rail passenger 
carrier under subsection (b), unless such liability was caused 
by a rail passenger carrier's gross negligence or extreme 
misconduct.
  (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.
  (f) Funding.--Out of funds appropriated pursuant to section 
20117(a)(1)(A), there shall be made available to the Secretary 
of Transportation $500,000 for fiscal year 2008 to carry out 
this section. Amounts made available pursuant to this 
subsection shall remain available until expended.

                         PART E. MISCELLANEOUS

                      CHAPTER 281. LAW ENFORCEMENT

Sec. 28104. Federal rail security officers' access to information

  (a) Access to Records or Database Systems by the 
Administrator of the Federal Railroad Administration.--
          (1) In general.--The Administrator of the Federal 
        Railroad Administration is authorized to have access to 
        a system of documented criminal justice information 
        maintained by the Department of Justice or by a State 
        for the purpose of carrying out the civil and 
        administrative responsibilities of the Administrator to 
        protect the safety, including security, of railroad 
        operations and for other purposes authorized by law, 
        including the National Crime Prevention and Privacy 
        Compact (42 U.S.C. 14611-14616). The Administrator 
        shall be subject to the same conditions or procedures 
        established by the Department of Justice or State for 
        access to such an information system by other 
        governmental agencies with access to the system.
          (2) Limitation.--The Administrator may not use the 
        access authorized under paragraph (1) to conduct 
        criminal investigations.
  (b) Designated Employees of the Federal Railroad 
Administration.--The Administrator shall, by order, designate 
each employee of the Administration whose primary 
responsibility is rail security who shall carry out the 
authority described in subsection (a). The Administrator shall 
strictly limit access to a system of documented criminal 
justice information to persons with security responsibilities 
and with appropriate security clearances. Such a designated 
employee may, insofar as authorized or permitted by the 
National Crime Prevention and Privacy Compact or other law or 
agreement governing an affected State with respect to such a 
State--
          (1) have access to and receive criminal history, 
        driver, vehicle, and other law enforcement information 
        contained in the law enforcement databases of the 
        Department of Justice, or of any jurisdiction in a 
        State in the same manner as a police officer employed 
        by a State or local authority of that State who is 
        certified or commissioned under the laws of that State;
          (2) use any radio, data link, or warning system of 
        the Federal Government and of any jurisdiction in a 
        State that provides information about wanted persons, 
        be-on-the-lookout notices, or warrant status or other 
        officer safety information to which a police officer 
        employed by a State or local authority in that State 
        who is certified or commissioned under the laws of that 
        State has access and in the same manner as such police 
        officer; or
          (3) receive Federal, State, or local government 
        communications with a police officer employed by a 
        State or local authority in that State in the same 
        manner as a police officer employed by a State or local 
        authority in that State who is commissioned under the 
        laws of that State.
  (c) System of Documented Criminal Justice Information 
Defined.--In this section, the term ``system of documented 
criminal justice information'' means any law enforcement 
database, systems, or communications containing information 
concerning identification, criminal history, arrests, 
convictions, arrest warrants, or wanted or missing persons, 
including the National Crime Information Center and its 
incorporated criminal history databases and the National Law 
Enforcement Telecommunications System.

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TITLE 23. HIGHWAYS

                    CHAPTER 1. FEDERAL-AID HIGHWAYS

Sec. 130. Railway-highway crossings

  (a) Subject to section 120 and subsection (b) of this 
section, the entire cost of construction of projects for the 
elimination of hazards of railway-highway crossings, including 
the separation or protection of grades at crossings, the 
reconstruction of existing railroad grade crossing structures, 
and the relocation of highways to eliminate grade crossings, 
may be paid from sums apportioned in accordance with section 
104 of this title. In any case when the elimination of the 
hazards of a railway-highway crossing can be effected by the 
relocation of a portion of a railway at a cost estimated by the 
Secretary to be less than the cost of such elimination by one 
of the methods mentioned in the first sentence of this section, 
then the entire cost of such relocation project, subject to 
section 120 and subsection (b) of this section, may be paid 
from sums apportioned in accordance with section 104 of this 
title.
  (b) The Secretary may classify the various types of projects 
involved in the elimination of hazards of railway-highway 
crossings, and may set for each such classification a 
percentage of the costs of construction which shall be deemed 
to represent the net benefit to the railroad or railroads for 
the purpose of determining the railroad's share of the cost of 
construction. The percentage so determined shall in no case 
exceed 10 per centum. The Secretary shall determine the 
appropriate classification of each project.
  (c) Any railroad involved in a project for the elimination of 
hazards of railway-highway crossings paid for in whole or in 
part from sums made available for expenditure under this title, 
or prior Acts, shall be liable to the United States for the net 
benefit to the railroad determined under the classification of 
such project made pursuant to subsection (b) of this section. 
Such liability to the United States may be discharged by direct 
payment to the State transportation department of the State in 
which the project is located, in which case such payment shall 
be credited to the cost of the project. Such payment may 
consist in whole or in part of materials and labor furnished by 
the railroad in connection with the construction of such 
project. If any such railroad fails to discharge such liability 
within a six-month period after completion of the project, it 
shall be liable to the United States for its share of the cost, 
and the Secretary shall request the Attorney General to 
institute proceedings against such railroad for the recovery of 
the amount for which it is liable under this subsection. The 
Attorney General is authorized to bring such proceedings on 
behalf of the United States, in the appropriate district court 
of the United States, and the United States shall be entitled 
in such proceedings to recover such sums as it is considered 
and adjudged by the court that such railroad is liable for in 
the premises. Any amounts recovered by the United States under 
this subsection shall be credited to miscellaneous receipts.
  (d) Survey and schedule of projects.--Each State shall 
conduct and systematically maintain a survey of all highways to 
identify those railroad crossings which may require separation, 
relocation, or protective devices, and establish and implement 
a schedule of projects for this purpose. At a minimum, such a 
schedule shall provide signs for all railway-highway crossings.
  (e) Funds for protective devices.--
          (1) In general.--Before making an apportionment under 
        section 104(b)(5) for a fiscal year, the Secretary 
        shall set aside, from amounts made available to carry 
        out the highway safety improvement program under 
        section 148 for such fiscal year, at least $220,000,000 
        for the elimination of hazards and the installation of 
        protective devices at railway-highway crossings. At 
        least \1/2\ of the funds authorized for and expended 
        under this section shall be available for the 
        installation of protective devices at railway-highway 
        crossings. Sums authorized to be appropriated to carry 
        out this section shall be available for obligation in 
        the same manner as funds apportioned under section 
        104(b)(1) of this title.
          (2) Special rule.--If a State demonstrates to the 
        satisfaction of the Secretary that the State has met 
        all its needs for installation of protective devices at 
        railway-highway crossings, the State may use funds made 
        available by this section for other purposes under this 
        subsection.
  (f) Apportionment.--
          (1) Formula.--Fifty percent of the funds set aside to 
        carry out this section pursuant to subsection (e)(1) 
        shall be apportioned to the States in accordance with 
        the formula set forth in section 104(b)(3)(A), and 50 
        percent of such funds shall be apportioned to the 
        States in the ratio that total public railway-highway 
        crossings in each State bears to the total of such 
        crossings in all States.
          (2) Minimum apportionment.--Notwithstanding paragraph 
        (1), each State shall receive a minimum of one-half of 
        1 percent of the funds apportioned under paragraph (1).
          (3) Federal share.--The Federal share payable on 
        account of any project financed with funds set aside to 
        carry out this section shall be 90 percent of the cost 
        thereof.
  (g) Annual report.--Each State shall report to the Secretary 
not later than December 30 of each year on the progress being 
made to implement the railway-highway crossings program 
authorized by this section and the effectiveness of such 
improvements. Each State report shall contain an assessment of 
the costs of the various treatments employed and subsequent 
accident experience at improved locations. The Secretary shall 
submit a report to the Committee on Environment and Public 
Works and the Committee on Commerce, Science, and 
Transportation, of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives, not later than April 1, 2006, and every 2 
years thereafter,[,] on the progress being made by the State in 
implementing projects to improve railway-highway crossings. The 
report shall include, but not be limited to, the number of 
projects undertaken, their distribution by cost range, road 
system, nature of treatment, and subsequent accident experience 
at improved locations. In addition, the Secretary's report 
shall analyze and evaluate each State program, identify any 
State found not to be in compliance with the schedule of 
improvements required by subsection (d) and include 
recommendations for future implementation of the railroad 
highway crossings program.
  (h) Use of funds for matching.--Funds authorized to be 
appropriated to carry out this section may be used to provide a 
local government with funds to be used on a matching basis when 
State funds are available which may only be spent when the 
local government produces matching funds for the improvement of 
railway-highway crossings.
  (i) Incentive payments for at-grade crossing closures.--
          (1) In general.--Notwithstanding any other provision 
        of this section and subject to paragraphs (2) and (3), 
        a State may, from sums available to the State under 
        this section, make incentive payments to local 
        governments in the State upon the permanent closure by 
        such governments of public at-grade railway-highway 
        crossings under the jurisdiction of such governments.
          (2) Incentive payments by railroads.--A State may not 
        make an incentive payment under paragraph (1) to a 
        local government with respect to the closure of a 
        crossing unless the railroad owning the tracks on which 
        the crossing is located makes an incentive payment to 
        the government with respect to the closure.
          (3) Amount of State payment.--The amount of the 
        incentive payment payable to a local government by a 
        State under paragraph (1) with respect to a crossing 
        may not exceed the lesser of--
                  (A) the amount of the incentive payment paid 
                to the government with respect to the crossing 
                by the railroad concerned under paragraph (2); 
                or
                  (B) $7,500.
          (4) Use of State payments.--A local government 
        receiving an incentive payment from a State under 
        paragraph (1) shall use the amount of the incentive 
        payment for transportation safety improvements.
  (j) Bicycle safety.--In carrying out projects under this 
section, a State shall take into account bicycle safety.
  (k) Expenditure of funds.--Not more than 2 percent of funds 
apportioned to a State to carry out this section may be used by 
the State for compilation and analysis of data in support of 
activities carried out under subsection (g).
  (l) National Crossing Inventory.--
          (1) Initial reporting of crossing information.--Not 
        later than 1 year after the date of enactment of the 
        Railroad Safety Enhancement 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 2 years after 
        the date of enactment of the Railroad Safety 
        Enhancement Act of 2007 and on or before September 30 
        of every year thereafter, or as otherwise specified by 
        the Secretary, each State shall report to the Secretary 
        current information, including information about 
        warning devices and signage, as specified by the 
        Secretary, concerning each 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 
        Railroad Safety Enhancement 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 20160(d)(1) and (2), respectively, of 
        title 49.

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                        Solid Waste Disposal Act

                     SUBTITLE A--GENERAL PROVISIONS

                        [42 U.S.C. 6901 et seq.]

SEC. 1009. CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE RAIL 
                    TRANSFER FACILITIES.

  (a) In General.--A State or political subdivision thereof may 
enforce state solid waste environmental laws at a solid waste 
rail transfer facility.
  (b) Existing Facilities.--
          (1) In general.--Within 180 days after the date of 
        enactment of the Rail Safety Enhancement Act of 2007, a 
        solid waste rail transfer facility operating as of that 
        date shall comply with all State solid waste 
        environmental laws other than those requiring permits.
          (2) Permitting requirements.--Any solid waste rail 
        transfer facility described in paragraph (1) that does 
        not already posses permits related to State solid waste 
        environmental laws as of the date of enactment of the 
        Rail Safety Enhancement Act of 2007 shall not be 
        required by a solid waste facility permitting agency to 
        possess any permits related to State solid waste 
        environmental laws in order to operate the facility--
                  (A) if within 1 year after the date of 
                enactment of the Rail Safety Enhancement Act of 
                2007, the railroad carrier that owns or 
                operates the solid waste rail transfer facility 
                has submitted, in good faith, a complete 
                application for all permits required by a 
                State''s solid waste environmental laws to a 
                solid waste facility permitting agency 
                authorized to grant such permits; and
                  (B) until a solid waste facility permitting 
                agency has either approved or denied the 
                railroad carrier''s application for a permit or 
                permits.
  (c) Definitions.--In this section:
          (1) Solid waste facility permitting agency.--The term 
        ``solid waste facility permitting agency'' means an 
        agency of a State or subdivision thereof authorized to 
        grant permits, including licenses or other approvals or 
        credentials, from such State or subdivision in order to 
        generate, store, treat, handle, manage, or dispose of 
        solid waste in such State.
          (2) Solid waste rail transfer facility.--The term 
        ``solid waste rail transfer facility''--
                  (A) means the portion of a facility owned or 
                operated by or on behalf of a railroad carrier 
                (as defined in section 10102 of title 49, 
                United States Code) where solid waste, as a 
                commodity to be transported in commerce, is 
                collected, stored, separated, processed, 
                treated, managed, disposed of, or transferred 
                outside of original sealed shipping containers; 
                but
                  (B) does not include a facility to the extent 
                that activities taking place at such facility 
                are comprised of the railroad transportation of 
                solid waste after the solid waste is placed on 
                or in a rail car, including railroad 
                transportation for the purpose of interchanging 
                railroad cars containing sealed solid waste 
                shipments.
          (3) State solid waste environmental laws.--The term 
        ``State solid waste environmental laws''--
                  (A) means--
                          (i) the substantive and procedural 
                        aspects of statutes, regulations, and 
                        orders of a State or its subdivisions 
                        that establish public health and safety 
                        or environmental standards concerning 
                        the generation, storage, treatment, 
                        handling, management, or disposal of 
                        solid waste; and
                          (ii) the substantive and procedural 
                        aspects of statutes, regulations, and 
                        orders of a State or its subdivisions 
                        which govern the processes and 
                        procedures by which permits, licenses, 
                        or other approvals or credentials from 
                        such State or subdivision are required 
                        in order to generate, store, treat, 
                        handle, manage, or dispose of solid 
                        waste are granted; but
                  (B) does not include the statutes, 
                regulations, and orders of a State or its 
                subdivisions which govern land use, including 
                land use restrictions or zoning ordinances.