[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2455 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2455

  To reform the safety practices of the railroad industry, to prevent 
 railroad fatalities, injuries, and hazardous materials releases, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 1997

   Mr. Oberstar (for himself, Mr. Wise, Mr. Vento, Mr. Lipinski, Mr. 
  Traficant, Mr. DeFazio, Mr. Costello, Mr. Clyburn, Mr. Filner, Ms. 
    Millender-McDonald, Mr. Holden, and Mr. Lampson) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To reform the safety practices of the railroad industry, to prevent 
 railroad fatalities, injuries, and hazardous materials releases, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Railroad Safety 
Reform Act of 1997''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
               TITLE I--SAFETY RULEMAKING AND ENFORCEMENT

Sec. 101. Purpose.
Sec. 102. Railroad safety conference.
Sec. 103. Rulemaking status reports.
Sec. 104. Power brake safety rulemaking.
Sec. 105. Track safety standards rulemaking.
Sec. 106. Rulemaking process.
Sec. 107. Safety inspectors.
Sec. 108. Employee reports.
Sec. 109. Accident and injury reporting.
                    TITLE II--GRADE CROSSING SAFETY

Sec. 201. Toll-free number to report grade crossing problems.
Sec. 202. Grade crossing signal violations.
                      TITLE III--HOURS OF SERVICE

Sec. 301. Limitations on duty hours of train employees.
Sec. 302. Split shifts.
Sec. 303. Limitations on duty hours of signal employees.
Sec. 304. Employee sleeping quarters.
Sec. 305. Rotating shifts.
Sec. 306. Train dispatchers.
Sec. 307. Fatigue management plans.
Sec. 308. Recommendations on hours of service changes.
              TITLE IV--PASSENGER SERVICE SAFETY STANDARDS

Sec. 401. Emergency windows and doors.
Sec. 402. Passenger railroad signal systems.
Sec. 403. Passenger locomotive fuel tanks.
Sec. 404. Passenger car crashworthiness.
Sec. 405. Positive train control.
       TITLE V--EMPLOYEE AUTHORITY, CERTIFICATION, AND EQUIPMENT

Sec. 501. Employee response to hazardous conditions.
Sec. 502. Certification of locomotive engineers and other safety-
                            related railroad personnel.
Sec. 503. Communications devices.

               TITLE I--SAFETY RULEMAKING AND ENFORCEMENT

SEC. 101. PURPOSE.

    Section 20101 of title 49, United States Code, is amended to read 
as follows:
``Sec. 20101. Purpose
    ``The purpose of this part is to assign and maintain safety as the 
highest priority in every area of railroad operations and to reduce 
railroad-related accidents and incidents.''.

SEC. 102. RAILROAD SAFETY CONFERENCE.

    (a) In General.--The Secretary of Transportation shall convene, 
within 6 months after the date of the enactment of this Act and 
annually thereafter, a conference to determine what are the most 
important actions needed to improve the safety of railroad operations. 
Each such conference shall provide an opportunity for the participants 
to present their views, respond to the views of other participants, and 
discuss railroad safety issues with other participants so that a 
consensus can be reached.
    (b) Participants.--Each conference convened pursuant to subsection 
(a) shall include as participants, at a minimum, appropriate 
representatives of the Department of Transportation, railroad 
management, railroad labor, railroad passengers, railroad equipment 
suppliers, and railroad shippers, as well as individuals representing 
community interests.
    (c) Report to Congress.--The Secretary of Transportation shall, 
within 3 months after the completion of a conference convened pursuant 
to subsection (a), transmit to the Congress a report summarizing the 
results of the conference.

SEC. 103. RULEMAKING STATUS REPORTS.

    (a) Requirement.--The Administrator of the Federal Railroad 
Administration shall report once each month to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
to the Committee on Commerce, Science, and Transportation of the Senate 
on the status of the Federal Railroad Administration's safety-related--
            (1) rulemakings, whether specifically required by statute 
        or initiated by the Secretary or the Federal Railroad 
        Administrator under general statutory authority; and
            (2) reports, including reports required by statute and any 
        other reports intended for publication.
    (b) Contents.--A report required by subsection (a) shall discuss 
the progress of the Federal Railroad Administration in completing those 
rulemakings and reports, including achieved and expected dates of 
completing various phases of the rulemakings and reports. In the case 
of rulemakings and reports required by law, these dates shall be 
compared with the dates required by law, and the report required by 
subsection (a) shall explain the failure to meet any rulemaking or 
reporting deadlines established by law. The report shall also discuss 
the extent to which any review or approval of the rulemaking or report, 
that is required by law or otherwise to be performed by a Federal 
official, has been completed. The report may also discuss any other 
topics that the Administrator considers relevant to the Federal 
Railroad Administration's railroad safety program.

SEC. 104. POWER BRAKE SAFETY RULEMAKING.

    If the Secretary of Transportation has not, before the date which 
is one year after the date of the enactment of this Act, issued all 
final regulations relating to the safety of railroad power brakes 
required under section 20141 of title 49, United States Code, then on 
the date which is one year after the date of the enactment of this Act 
the proposed rules published on September 16, 1994 (59 Fed. Reg. 47676-
47753) that relate to any subject on which the Secretary has not issued 
final regulations shall take effect as final rules.

SEC. 105. TRACK SAFETY STANDARDS RULEMAKING.

    Section 20142 of title 49, United States Code, is amended--
            (1) in subsection (b), by striking ``Not later than 
        September 3, 1995'' and inserting in lieu thereof ``Before the 
        date which is one year after the date of the enactment of the 
        Railroad Safety Reform Act of 1997''; and
            (2) by adding at the end the following new subsections:
    ``(e) Contingent Standards.--If the Secretary has not, before the 
date which is one year after the date of the enactment of the Railroad 
Safety Reform Act of 1997, issued all final regulations relating to 
track safety required under subsection (b), then on the date which is 
one year after the date of the enactment of this Act the proposed rules 
published on July 3, 1997 (62 Fed. Reg. 36137-36189) that relate to any 
subject on which the Secretary has not issued final rules shall take 
effect as final rules.
    ``(f) Additional Standards.--In addition to the other requirements 
of this section, the following requirements shall also apply:
            ``(1) No track inspection shall be conducted from a vehicle 
        traveling at a speed of more than 15 miles per hour.
            ``(2) Except with respect to excepted track, as defined by 
        the Secretary, any owner of track, that is part of the general 
        railroad system of transportation and that does not comply with 
        track safety regulations issued by the Secretary, shall--
                    ``(A) bring the track into compliance;
                    ``(B) halt operations over the track; or
                    ``(C) permit operation over the track--
                            ``(i) only in the presence of and under the 
                        supervision of a qualified person, as defined 
                        by the Secretary; and
                            ``(ii) only if such operations are 
                        determined by such qualified person to be safe.
                The occurrence of a violation of this subsection shall 
                be determined without regard to whether the owner knows 
                or has notice that the track does not comply with track 
                safety regulations.
            ``(3) Each track owner with track constructed of continuous 
        welded rail shall have in effect and comply with written 
        procedures approved by the Secretary which address the 
        installation, adjustment, maintenance, and inspection of 
        continuous welded rail, and shall have in effect a training 
        program for the application of those procedures.
            ``(4) Each switch on track for which the Secretary has 
        established a speed limit that is--
                    ``(A) higher than 25 miles per hour for freight 
                trains; or
                    ``(B) higher than 30 miles per hour for passenger 
                trains,
        and that is used more often than once a month shall be operated 
        to all of its positions during one inspection per month.
    ``(g) Maintenance-of-Way Equipment.--(1) All track motor vehicles, 
self-propelled maintenance-of-way equipment, and other equipment which 
is designed with a wheeled carriage allowing the equipment to move 
along a railroad track shall be designed and maintained so as to 
conduct electrical current from one rail of the track to the other, 
enabling the activation of signal systems designed to detect the 
presence of locomotives, cars, trains, and other rolling equipment on 
the track.
    ``(2) All roadway work groups and lone roadway workers, as such 
terms are defined in section 20154(c), when working in a classification 
yard, shall be equipped with portable equipment permitting the motion 
of freely rolling railroad cars to be automatically arrested.
    ``(h) Effective Date.--Subsections (f) and (g) shall take effect on 
January 1, 1998.''.

SEC. 106. RULEMAKING PROCESS.

    (a) Amendment.--Subchapter I of chapter 201 of title 49, United 
States Code, is amended by inserting after section 20115 the following 
new section:
``Sec. 20116. Rulemaking process
    ``(a) Rules Proposed by Railroad Safety Advisory Committee.--A rule 
that has been proposed unanimously by the Railroad Safety Advisory 
Committee shall be issued as a proposed rule by the Secretary without 
preparation of a regulatory analysis, regulatory evaluation, or any 
other assessment of the costs or benefits of the proposed rule, and 
without soliciting the approval or comment of any person outside the 
Department of Transportation.
    ``(b) Incorporation by Reference.--No rule or order issued by the 
Secretary under this part shall be effective if it incorporates by 
reference a code, rule, standard, requirement, or practice issued by an 
association or other entity that is not an agency of the Federal 
Government, unless that reference is to a particular code, rule, 
standard, requirement, or practice adopted before the date on which the 
rule is issued by the Secretary, and unless the date on which the code, 
rule, standard, requirement, or practice was adopted is specifically 
cited in the rule.''.
    (b) Conforming Amendment.--The table of sections for subchapter I 
of chapter 201 of title 49, United States Code, is amended by adding 
after the item relating to section 20115 the following new item:

``20116. Rulemaking process.''.

SEC. 107. SAFETY INSPECTORS.

    Section 20115 of title 49, United States Code, is amended--
            (1) in subsection (a), by striking ``subject to this 
        chapter'' and inserting in lieu thereof ``subject to this 
        part'';
            (2) by amending subsection (a)(1) to read as follows:
            ``(1) shall cover the costs of providing 400 railroad 
        safety inspectors in addition to those already employed by the 
        Federal Railroad Administration as of October 1, 1996;'';
            (3) in subsection (c)(2), by striking ``only to carry out 
        this chapter'' and inserting in lieu thereof ``only for the 
        purposes described in subsection (a)(1)'';
            (4) in subsection (c)(3), by striking ``of activities 
        under'' and all that follows through ``financed by the fees'' 
        and inserting in lieu thereof ``described in subsection 
        (a)(1)'';
            (5) in subsection (d)(1), by striking ``90 days after the 
        end of each fiscal year in which fees are collected under this 
        section'' and inserting in lieu thereof ``180 days after the 
        end of fiscal year 2000, and every 3 years thereafter'';
            (6) in subsection (d)(1)(A), by striking ``that fiscal 
        year'' and inserting in lieu thereof ``the 3 previous fiscal 
        years'';
            (7) in subsection (d)(2), by striking ``for a fiscal 
        year''; and
            (8) by striking subsection (e).

SEC. 108. EMPLOYEE REPORTS.

    Section 20901(a) of title 49, United States Code, is amended--
            (1) by striking ``the carrier's operations'' and inserting 
        in lieu thereof ``the operations of the carrier or of any 
        contractor to the carrier working on the carrier's property or 
        operating the carrier's equipment''; and
            (2) by inserting ``The report shall also include copies of 
        any written safety-related complaint or report filed with the 
        carrier by an employee or contractor during the month, whether 
        or not the complaint or report relates to a reported accident 
        or incident.'' after ``contributed to the accident or 
        incident.''.

SEC. 109. ACCIDENT AND INJURY REPORTING.

    (a) Discharge and Discrimination Protection.--Section 20109 of 
title 49, United States Code, is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e), and (f), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Accident and Injury Information.--A railroad carrier engaged 
in interstate or foreign commerce, and an employee of such a railroad 
carrier, shall not--
            ``(1) by threat, intimidation, or otherwise attempt to 
        prevent an employee from furnishing information; or
            ``(2) discharge, discipline, or discriminate against an 
        employee because the employee has furnished information,
to any party 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.''.
    (b) Penalties.--
            (1) Civil penalties.--Section 21302(a)(1) of title 49, 
        United States Code, is amended by striking ``a regulation 
        prescribed or order issued under chapter 201 of this title'' 
        and inserting in lieu thereof ``chapter 201 of this title or a 
        regulation prescribed or order issued under chapter 201''.
            (2) Criminal penalties.--Section 21311(a) of title 49, 
        United States Code, is amended--
                    (A) by striking ``or'' at the end of paragraph (4);
                    (B) by striking the period at the end of paragraph 
                (5) and inserting in lieu thereof ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) violates section 20109(c).''.
    (c) Audits.--Section 20901 of title 49, United States Code, is 
amended by adding at the end the following new subsection:
    ``(c) Audits.--A railroad carrier shall at least annually have an 
audit conducted of the process by which it reports accidents and 
incidents pursuant to subsection (a). The audit shall determine whether 
the reporting process is substantially accurate as to the numbers and 
severity of accidents and incidents. The audit shall be conducted by an 
independent auditor approved by the Secretary.''.

                    TITLE II--GRADE CROSSING SAFETY

SEC. 201. TOLL-FREE NUMBER TO REPORT GRADE CROSSING PROBLEMS.

    Section 20152 of title 49, United States Code, is amended to read 
as follows:
``Sec. 20152. Emergency notification of grade crossing problems
    ``By January 1, 1999, each railroad carrier shall--
            ``(1) establish and maintain a toll-free telephone service, 
        for rights-of-way over which it dispatches trains, to directly 
        receive calls reporting--
                    ``(A) malfunctions of signals, crossing gates, and 
                other devices to promote safety at the grade crossing 
                of railroad tracks on those rights-of-way and public or 
                private roads; and
                    ``(B) disabled vehicles blocking railroad tracks at 
                such grade crossings;
            ``(2) upon receiving a report of a malfunction or disabled 
        vehicle pursuant to paragraph (1), immediately contact trains 
        operating near the grade crossing to warn them of the 
        malfunction or disabled vehicle;
            ``(3) upon receiving a report of a malfunction or disabled 
        vehicle pursuant to paragraph (1), and after contacting trains 
        pursuant to paragraph (2), contact appropriate public safety 
        officials having jurisdiction over the grade crossing to 
        provide them with the information necessary for them to direct 
        traffic, assist in the removal of the disabled vehicle, or 
        carry out other activities appropriate to responding to the 
        hazardous circumstance; and
            ``(4) ensure the placement at each grade crossing on 
        rights-of-way that it owns of appropriately located signs, on 
        which shall appear--
                    ``(A) a toll-free telephone number to be used for 
                placing calls described in paragraph (1) to the 
railroad carrier dispatching trains on that right-of-way;
                    ``(B) an explanation of the purpose of that toll-
                free number as described in paragraph (1);
                    ``(C) the grade crossing number assigned for that 
                crossing by the National Highway-Rail Crossing 
                Inventory established by the Department of 
                Transportation and the Association of American 
                Railroads; and
                    ``(D) a statement that reporting a disabled vehicle 
                blocking the railroad tracks should be done 
                immediately, before any attempt is made to remove the 
                vehicle from the tracks.
The Secretary of Transportation shall implement this section through 
appropriate regulations.''.

SEC. 202. GRADE CROSSING SIGNAL VIOLATIONS.

    (a) Amendments.--Section 20151 of title 49, United States Code, is 
amended--
            (1) by amending the section heading to read as follows:
``Sec. 20151. Railroad trespassing, vandalism, and signal violation 
              prevention strategy'';
            (2) in subsection (a)--
                    (A) by striking ``and vandalism affecting railroad 
                safety'' and inserting in lieu thereof ``, vandalism 
                affecting railroad safety, and violations of grade 
                crossing signals'';
                    (B) by inserting ``, concerning trespassing and 
                vandalism,'' after ``such evaluation and review''; and
                    (C) by inserting ``The second such evaluation and 
                review, concerning violations of grade crossing 
                signals, shall be completed before November 2, 1998.'' 
                after ``November 2, 1994.'';
            (3) in the subsection heading of subsection (b), by 
        inserting ``for Trespassing and Vandalism Prevention'' after 
        ``Outreach Program'';
            (4) in subsection (c)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by inserting ``(1)'' after ``Model 
                Legislation.--''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) Within 18 months after the date of the enactment of the 
Railroad Safety Reform Act of 1997, 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 grade crossing signals.''; and
            (5) by adding at the end the following new subsection:
    ``(d) Definition.--For purposes of this section, the term 
`violation of grade crossing signals' includes any action by a 
motorist, unless directed by an authorized safety officer--
            ``(1) to drive around a grade crossing gate in a position 
        intended to block passage over railroad tracks;
            ``(2) to drive through a flashing grade crossing signal;
            ``(3) to drive through a grade crossing with passive 
        warning signs without ensuring that the grade crossing could be 
        safely crossed before any train arrived; and
            ``(4) in the vicinity of a grade crossing, that creates a 
        hazard of an accident involving injury or property damage at 
        the grade crossing.''.
    (b) Conforming Amendment.--The item relating to section 20151 in 
the table of sections for subchapter II of chapter 201 of title 49, 
United States Code, is amended to read as follows:

``20151. Railroad trespassing, vandalism, and signal violation 
                            prevention strategy.''.

                      TITLE III--HOURS OF SERVICE

SEC. 301. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOYEES.

    (a) General Rules.--Section 21103(a) of title 49, United States 
Code, is amended by striking paragraphs (1) and (2) and inserting in 
lieu thereof the following new paragraphs:
            ``(1) unless that employee has had at least 8 consecutive 
        hours of undisturbed rest off duty during the prior 24 hours;
            ``(2) for a period in excess of 12 consecutive hours;
            ``(3) after that employee has been on duty for 10 or more 
        consecutive hours, unless that employee immediately after being 
        released from such period of duty has at least 10 consecutive 
        hours off duty;
            ``(4) unless that employee has received notice at least 8 
        hours before beginning such duty;
            ``(5) unless that employee has had at least one period of 
        at least 24 consecutive hours off duty in the past 7 days; and
            ``(6) unless, when last released from duty at that 
        employee's home terminal, the employee had as much time off 
        duty at the employee's home terminal as the employee most 
recently had off duty at the employee's away-from-home designated 
terminal.''.
    (b) Time Waiting for Deadhead Transportation.--Section 21103(b)(4) 
of title 49, United States Code, is amended by inserting ``or waiting 
on a train, with assigned duties, for deadhead transportation from a 
duty assignment'' after ``to a duty assignment''.
    (c) Definition of Undisturbed Rest.--Section 21101 of title 49, 
United States Code, is amended by adding at the end the following new 
paragraph:
            ``(6) `undisturbed rest' means a period during which an 
        employee receives no communication from the employing railroad 
        carrier and its officers and agents.''.

SEC. 302. SPLIT SHIFTS.

    Section 21103 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Split Shifts.--(1) A railroad carrier and its officers and 
agents may require a train employee to work a split shift only if the 
split shift begins between 12:01 a.m. and 11:59 a.m. and ends before 
2:00 a.m. on the day following the day on which the shift begins.
    ``(2) For purposes of this subsection, the term `split shift' means 
a tour of duty in which an employee, having just completed a rest 
period of at least 8 hours, reports for duty, works an initial work 
period, has an interim period for rest of at least 4 hours but less 
than 8 hours at the employee's designated terminal, and then works one 
or more additional work periods before being released for a rest period 
of at least 8 hours.
    ``(3) For railroad carriers providing commuter rail passenger 
transportation, as defined in section 24102(5) of this title, and with 
respect to train employees engaged in such transportation, this 
subsection shall take effect 90 days after the date of the enactment of 
the Railroad Safety Reform Act of 1997. For railroad carriers other 
than those providing such commuter rail passenger transportation, and 
for train employees engaged in other forms of railroad transportation, 
this subsection shall take effect 2 years after the date of the 
enactment of the Railroad Safety Reform Act of 1997.''.

SEC. 303. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOYEES.

    Section 21104(b)(3) of title 49, United States Code, is amended by 
striking ``, except that up to'' and all that follows through ``time 
off duty''.

SEC. 304. EMPLOYEE SLEEPING QUARTERS.

    Section 21106 of title 49, United States Code, is amended--
            (1) by inserting ``(a) General Rule.--'' before ``A 
        railroad carrier'';
            (2) by striking ``officers and agents'' and all that 
        follows through ``may provide'' and inserting in lieu thereof 
        ``officers and agents may provide'';
            (3) by striking ``under the control of the carrier'';
            (4) by striking ``; and'' and inserting in lieu thereof a 
        period; and
            (5) by striking paragraph (2) and inserting in lieu thereof 
        the following new subsections:
    ``(b) Location.--Effective January 1, 1998, sleeping quarters 
referred to in subsection (a) shall not be located 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.
    ``(c) Maximum Noise Levels.--The Secretary, in prescribing 
regulations under this section, shall set maximum noise levels which 
may be experienced in sleeping quarters. Such levels shall be based in 
part on single event noise levels.''.

SEC. 305. ROTATING SHIFTS.

    (a) Amendment.--Chapter 211 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 21109. Rotating shifts
    ``(a) General Rule.--Except as provided in sections 21103(c), 
21104(c), and 21105(d), a railroad carrier and its officers and agents 
may not require or allow an employee to report for duty to begin an 8-
hour shift which begins at a time that is more than 4 hours earlier or 
more than 6 hours later than the time of day when that employee, within 
the previous 72 hours, began a prior 8-hour shift.
    ``(b) Determining Time On Duty.--For purposes of this section, the 
rules for determining time on duty stated in sections 21103(b), 
21104(b), and 21105(c), as appropriate, shall apply.
    ``(c) Study of Alternative Methods.--The Secretary of 
Transportation shall initiate a study of alternative methods of 
preventing fatigue due to rotating shifts, and shall report to the 
Congress on the results of such study, including proposals for revising 
chapter 211 of this title, as results become available.
    ``(d) Definition.--For purposes of this section, the term `8-hour 
shift' means a period during which an employee is on duty for 8 
consecutive hours or longer.''.
    (b) Conforming Amendment.--The table of sections for chapter 211 of 
title 49, United States Code, is amended by adding at the end the 
following new item:

``21109. Rotating shifts.''.

SEC. 306. TRAIN DISPATCHERS.

    Section 21101(2) of title 49, United States Code, is amended to 
read as follows:
            ``(2) `dispatching service employee' means an operator, 
        train dispatcher, supervisory train dispatcher, power director, 
        or other train employee who--
                    ``(A) by the use of an electrical or mechanical 
                device dispatches, reports, transmits, receives, or 
                delivers orders related to or affecting train 
                movements;
                    ``(B) directly supervises an employee who carries 
                out responsibilities described in subparagraph (A); or
                    ``(C) dispatches trains through control of third 
                rail or pantographic electrical power.''.

SEC. 307. FATIGUE MANAGEMENT PLANS.

    (a) Amendment.--Section 21108 of title 49, United States Code, is 
amended to read as follows:
``Sec. 21108. Fatigue management plans
    ``(a) Requirement.--Not later than 1 year after the date of the 
enactment of the Railroad Safety Reform Act of 1997, the Secretary of 
Transportation shall prescribe regulations requiring railroad carriers 
to develop and implement fatigue management plans. These plans shall be 
developed by the railroad carriers, in consultation with their 
employees and with representatives of organizations of their employees, 
and submitted to the Secretary for the Secretary's approval. If a 
railroad carrier does not submit a plan, or if the railroad carrier's 
plan is not approved by the Secretary, the Secretary shall prescribe a 
plan for the railroad carrier.
    ``(b) Purpose.--Each fatigue management plan shall be designed to 
reduce the fatigue experienced by railroad employees and to reduce the 
likelihood of accidents and injuries caused by fatigue. Each plan shall 
take into account the varying circumstances of operations by the 
railroad carrier on different parts of its system, and shall prescribe 
appropriate fatigue countermeasures to address those varying 
circumstances.
    ``(c) Waiver.--A railroad carrier may request, as part of its 
proposed fatigue management plan, the waiver of any provisions of this 
chapter that would prevent the plan from achieving the objective of 
reducing fatigue and enhancing safety. The Secretary is authorized to 
waive any provision of this chapter if a waiver is requested by the 
railroad carrier and if the railroad carrier demonstrates, to the 
Secretary's satisfaction, that the waiver is essential to achieving the 
objectives of reducing fatigue and enhancing safety. No waiver shall be 
approved unless the Secretary makes a finding that the waiver permits 
procedures that reduce fatigue and enhance safety, and which would not 
be possible without the waiver.''.
    (b) Conforming Amendment.--The item relating to section 21108 is 
the table of sections of chapter 211 of title 49, United States Code, 
is amended to read as follows:

``21108. Fatigue management plans.''.

SEC. 308. RECOMMENDATIONS ON HOURS OF SERVICE CHANGES.

    The Railroad Safety Advisory Committee shall convene a working 
group to consider what legislative changes might be appropriate to 
chapter 211 of title 49, United States Code, relating to hours of 
service. Not later than 9 months after the date of the enactment of 
this Act, the Advisory Committee shall report to the Administrator of 
the Federal Railroad Administration on whether it has reached consensus 
on any recommended changes, and if so what they are. The Administrator 
shall transmit the recommendations of the Advisory Committee to the 
Congress. If the Advisory Committee has not reached consensus on any 
recommendations, the Administrator shall, not later than 6 months after 
receiving the report of the Advisory Committee, transmit to the 
Congress the Administrator's recommendations for appropriate 
legislative changes to such chapter 211.

              TITLE IV--PASSENGER SERVICE SAFETY STANDARDS

SEC. 401. EMERGENCY WINDOWS AND DOORS.

    Section 20133 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Emergency Windows and Doors.--(1) After January 1, 2000, all 
railroad cars, including self-propelled cars, used for providing 
transportation for members of the general public shall--
            ``(A) have emergency windows installed in at least one half 
        of their window locations;
            ``(B) have emergency windows or emergency panels in each of 
        their interior and exterior doors;
            ``(C) have emergency doors at each exterior and interior 
        door location; and
            ``(D) adjacent to each emergency window, emergency panel, 
        and emergency door, have--
                    ``(i) on the exterior car surface, retroreflective 
                signage; and
                    ``(ii) on the interior car surface, fluorescent 
                signage,
        clearly marking the emergency window, emergency panel, or 
        emergency door and containing easily understood instructions on 
        the operation of the emergency window, emergency panel, or 
        emergency door.
    ``(2) For purposes of this subsection--
            ``(A) the term `emergency door' means a door with an easily 
        accessible interior quick-release mechanism allowing the door 
        to be opened quickly in an emergency without tools;
            ``(B) the term `emergency panel' means an opaque panel 
        designed to permit rapid and easy removal for passenger escape 
        in an emergency without tools; and
            ``(C) the term `emergency window' means a window designed 
        to permit rapid and easy removal for passenger escape in an 
        emergency without tools.
    ``(3) This subsection shall not apply to railroad cars used by 
tourist, excursion, scenic, or historic railroads that are not part of 
the general system of railroad transportation and that do not operate 
at speeds in excess of 30 miles per hour.''.

SEC. 402. PASSENGER RAILROAD SIGNAL SYSTEMS.

    (a) Amendment.--(1) Section 20502 of title 49, United States Code, 
is amended by adding at the end the following new subsection:
    ``(c) Passenger Railroad Signals.--Each railroad line on which 
passenger service operates, except lines where automatic train stop or 
cab signaling equipment is in use for all passenger service, shall have 
installed approach and stop signals such that at least one approach 
signal intervenes between a passenger station stop and a subsequent 
stop signal.''.
    (2) The amendment made by paragraph (1) shall take effect January 
1, 1999.
    (b) Study.--The Secretary of Transportation shall, within 1 year 
after the date of the enactment of this Act, transmit to the Congress a 
report on the results of a study of the safety implications of signal 
systems and their placement. In conducting the study, the Secretary 
shall consult with representatives of railroad labor, railroad 
management, and railroad equipment manufacturers. After transmitting 
the report, the Secretary shall initiate appropriate rulemaking 
proceedings under chapter 205 of title 49, United States Code, to 
implement the recommendations made in the report.

SEC. 403. PASSENGER LOCOMOTIVE FUEL TANKS.

    (a) Amendment.--Chapter 207 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 20704. Passenger locomotive fuel tanks
    ``(a) Requirements.--Any locomotive manufactured after the date of 
the enactment of the Railroad Safety Reform Act of 1997, and delivered 
to a railroad carrier on or after January 1, 1999, for use on passenger 
trains, except for a locomotive intended primarily for yard switching 
purposes, shall--
            ``(1) be equipped with fuel tanks that are internal and 
        compartmentalized;
            ``(2) be equipped with internal fuel tank bulkheads and 
        skin that are either \3/8\ inch steel plate with 25,000-pound 
        yield strength or another material of equivalent strength; and
            ``(3) have fuel tank vent systems that are designed to 
        prevent those systems from becoming a path of fuel loss in the 
        event the tank is placed in an abnormal orientation due to a 
        locomotive derailing.
    ``(b) Definitions.--For purposes of this section--
            ``(1) the term `compartmentalized' means having an interior 
        divided into at least 4 separate compartments designed so that 
        penetration of the exterior skin of any 1 compartment shall 
        result in loss of fuel only from that compartment; and
            ``(2) the term `internal' means having its lowest point at 
        least 18 inches above the lowest point on the locomotive wheel 
        tread, and being enclosed by, or part of, the locomotive 
        structure.''.
    (b) Conforming Amendment.--The table of sections for chapter 207 of 
title 49, United States Code, is amended by adding at the end the 
following new item:

``20704. Passenger locomotive fuel tanks.''.

SEC. 404. PASSENGER CAR CRASHWORTHINESS.

    Section 20133 of title 49, United States Code, as amended by 
section 401 of this Act, is further amended by adding at the end the 
following new subsection:
    ``(f) Crashworthiness.--(1) Any railroad passenger car, including a 
self-propelled car, manufactured after the date of the enactment of the 
Railroad Safety Reform Act of 1997, and delivered to a railroad carrier 
on or after January 1, 1999, shall be equipped with corner posts--
            ``(A) extending from the underframe structure to the roof 
        structure; and
            ``(B) capable of resisting a horizontal load (with an 
        orientation ranging from longitudinal inward to transverse 
        inward) of 150,000 pounds at the point of attachment to the 
        underframe without a failure.
    ``(2) Any railroad passenger car, including a self-propelled car, 
used by a railroad carrier after January 1, 2001, shall be equipped 
with corner posts described in paragraph (1)(A) and (B). This paragraph 
shall not apply to railroad passenger cars used by tourist, excursion, 
scenic, or historic railroads that are not part of the general system 
of railroad transportation and that do not operate at speeds in excess 
of 30 miles per hour.''.

SEC. 405. POSITIVE TRAIN CONTROL.

    (a) Amendments.--Section 20150 of title 49, United States Code, is 
amended--
            (1) by striking ``progress report'' in the section heading;
            (2) by inserting ``(a) Progress Report.--'' before ``The 
        Secretary of Transportation''; and
            (3) by adding at the end the following new subsection:
    ``(b) Schedule for Implementation.--(1) The Secretary shall--
            ``(A) before March 31, 1998--
                    ``(i) develop a model for assessing the risks 
                associated with accident or injury on railroad 
                corridors;
                    ``(ii) compile data on each railroad corridor to 
                enable the application of the model developed under 
                clause (i); and
                    ``(iii) rank railroad corridors on the basis of 
                their risks associated with accident or injury;
            ``(B) before October 1, 1998, identify high-priority 
        railroad corridors the Secretary will require to be equipped 
        with positive train control systems, which shall include, at a 
        minimum, all railroad lines on which more than 42 regularly 
        scheduled passenger trains per week operate and all railroad 
        lines on which more than 2,500,000 tons of hazardous materials 
        are transported each year; and
            ``(C) before October 1, 1999, issue regulations 
        establishing standards for the use of positive train control 
        systems and requiring their use on high-priority railroad 
        corridors by no later than September 30, 2001.
    ``(2) For purposes of this subsection--
            ``(A) the term `passenger train' does not include trains 
        operated by tourist, excursion, scenic, or historic railroads 
        that are not part of the general system of railroad 
        transportation and that do not operate at speeds in excess of 
        30 miles per hour; and
            ``(B) the term `positive train control system' means a 
        system for automatically controlling the speed of or stopping a 
        train to prevent collisions, enforce speed restrictions, and 
        protect roadway workers and their equipment in the event that 
        the train operator has failed to take appropriate action.''.
    (b) Conforming Amendment.--The item relating to section 20150 in 
the table of sections for subchapter II of chapter 201 of title 49, 
United States Code, is amended by striking ``progress report''.

       TITLE V--EMPLOYEE AUTHORITY, CERTIFICATION, AND EQUIPMENT

SEC. 501. EMPLOYEE RESPONSE TO HAZARDOUS CONDITIONS.

    (a) Refusing To Work or To Authorize Equipment Use.--Section 
20109(b)(1) of title 49, United States Code, is amended--
            (1) by striking ``Refusing To Work Because of'' in the 
        subsection heading;
            (2) by inserting ``or against an employee responsible for 
        the inspection or repair of safety-related equipment, track, or 
        structures for refusing to authorize the use of such equipment, 
        track, or structures when the employee believes that the 
        equipment, track, or structures are in a hazardous condition 
        and that the use of the equipment, track, or structures would 
        endanger human life,'' after ``performance of the employee's 
        duties,'';
            (3) by inserting ``and'' after the semicolon at the end of 
        subparagraph (A); and
            (4) by striking subparagraphs (B) and (C) and inserting in 
        lieu thereof the following new subparagraph:
            ``(B) the employee, where possible, has notified the 
        carrier of the existence of the hazardous condition and the 
        intention not to perform further work or not to authorize the 
        use of the hazardous equipment, track, or structures, unless 
        the condition is corrected immediately or the equipment is 
        repaired properly or replaced.''.
    (b) Dispute Resolution.--Section 20109(d) of title 49, United 
States Code, as so redesignated by section 109(a)(1) of this Act, is 
amended--
            (1) by striking ``180 days'' and inserting in lieu thereof 
        ``60 days''; and
            (2) by striking ``If the violation is'' and all that 
        follows through ``$20,000.'' and inserting in lieu thereof the 
        following: ``If the employee has been found by such Board, 
        division, delegate, or board of adjustment to have been 
        discharged or discriminated against in violation of subsection 
        (b), the employee shall be made whole, including reinstatement, 
        with an award of back pay, and with all benefits and 
        accumulated seniority. The employee may also be awarded 
punitive damages sufficient to deter the railroad carrier from such 
conduct in the future.''.

SEC. 502. CERTIFICATION OF LOCOMOTIVE ENGINEERS AND OTHER SAFETY-
              RELATED RAILROAD PERSONNEL.

    (a) Amendment.--Section 20135 of title 49, United States Code, is 
amended to read as follows:
``Sec. 20135. Certification of locomotive engineers and other safety-
              related railroad personnel
    ``(a) In General.--The Administrator of the Federal Railroad 
Administration shall establish a program for issuing certificates for--
            ``(1) carmen;
            ``(2) conductors;
            ``(3) dispatchers;
            ``(4) locomotive engineers;
            ``(5) signalmen;
            ``(6) track inspectors; and
            ``(7) trainmen,
to individuals when the Administrator finds, after investigation, that 
the individuals are qualified for, and physically able to perform the 
duties related to, the position to be authorized by the certificates. 
After January 1, 2000, no person shall carry out the responsibilities 
of the carman, conductor, dispatcher, locomotive engineer, signalman, 
track inspector, or trainman unless that person has been certificated 
for that position by the Administrator.
    ``(b) General Qualifications.--The program established under 
subsection (a)--
            ``(1) shall provide qualification standards and minimum 
        training requirements for each type of position described in 
        subsection (a); and
            ``(2) shall require comprehensive knowledge of applicable 
        railroad carrier operating practices and rules.
    ``(c) Locomotive Engineers.--
            ``(1) Qualifications.--The program established under 
        subsection (a), in the case of certification of a locomotive 
        engineer--
                    ``(A) except as provided in paragraph (2)(A), shall 
                require consideration, to the extent the information is 
                available, of the motor vehicle driving record of each 
individual seeking certification, including--
                            ``(i) any denial, cancellation, revocation, 
                        or suspension of a motor vehicle operator's 
                        license by a State for cause within the prior 5 
                        years; and
                            ``(ii) any conviction within the prior 5 
                        years of an offense described in section 
                        30304(a)(3)(A) or (B) of this title;
                    ``(B) may require, based on the individual's 
                driving record, disqualification or the granting of a 
                certificate conditioned on requirements the 
                Administrator prescribes; and
                    ``(C) shall require an individual seeking 
                certification--
                            ``(i) to request the chief driver licensing 
                        official of each State in which the individual 
                        has held a motor vehicle operator's license 
                        within the prior 5 years to provide information 
                        about the individual's driving record to the 
                        individual's employer, prospective employer, or 
                        the Administrator, as the Administrator 
                        requires; and
                            ``(ii) to make the request provided for in 
                        section 30305(b)(4) of this title for 
                        information to be sent to the individual's 
                        employer, prospective employer, or the 
                        Administrator, as the Administrator requires.
            ``(2) Waivers.--(A) The Administrator shall prescribe 
        standards and establish procedures for waiving paragraph (1)(A) 
        for an individual or class of individuals who the Administrator 
        decides are not currently unfit to operate a locomotive. 
        However, the Administrator may waive paragraph (1)(A) for an 
        individual or class of individuals with a conviction, 
        cancellation, revocation, or suspension described in 
        subparagraph (B)(i) or (ii) only if the individual or class, 
        after the conviction, cancellation, revocation, or suspension, 
        successfully completes a rehabilitation program established by 
        a railroad carrier or approved by the Administrator.
            ``(B) If an individual, after the conviction, cancellation, 
        revocation, or suspension, successfully completes a 
        rehabilitation program established by a railroad carrier or 
        approved by the Administrator, the individual may not be denied 
        a certificate under paragraph (1)(A) because of--
                    ``(i) a conviction for operating a motor vehicle 
                when under the influence of, or impaired by, alcohol or 
                a controlled substance; or
                    ``(ii) the cancellation, revocation, or suspension 
                of the individual's motor vehicle operator's license 
                for operating a motor vehicle when under the influence 
                of, or impaired by, alcohol or a controlled substance.
            ``(3) Opportunity to examine and comment on information.--
        The Administrator, employer, or prospective employer, as 
        appropriate, shall make information obtained under paragraph 
        (1)(C) available to the individual. The individual shall be 
        given an opportunity to comment in writing about the 
        information. Any comment shall be included in any record or 
        file maintained by the Administrator, employer, or prospective 
        employer that contains information to which the comment is 
        related.
    ``(d) Delegation.--
            ``(1) In general.--Subject to any regulations, supervision, 
        and review the Administrator may prescribe, the Administrator 
        may delegate, to a qualified private person or an employee 
        under the supervision of that person, a matter related to--
                    ``(A) the examination, testing, and inspection 
                necessary to issue a certificate under this section; 
                and
                    ``(B) issuing the certificate.
            ``(2) Rescission.--The Administrator may rescind a 
        delegation under this section at any time for any reason the 
        Administrator considers appropriate.
            ``(3) Reconsideration.--A person affected by an action of a 
        person to whom responsibilities have been delegated under this 
        subsection may apply for reconsideration of the action by the 
        Administrator, and, on the Administrator's own initiative, the 
        Administrator may reconsider the action of such a person at any 
        time. If the Administrator decides on reconsideration that the 
        action is unreasonable or unwarranted, the Administrator shall 
        change, modify, or reverse the action. If the Administrator 
        decides that the action is warranted, the Administrator shall 
        affirm the action.
    ``(e) Suspension or Revocation.--
            ``(1) Authority.--The Administrator may review the 
        certification of any employee holding a certificate under this 
        section. The Administrator may suspend or revoke a certificate 
        issued under this section if--
                    ``(A) the employee, in the course of railroad 
                employment, has engaged in or authorized a practice 
                that endangers human life, including authorizing the 
use of unsafe equipment or track; or
                    ``(B) the Administrator decides after reviewing the 
                actions or qualifications of the employee that railroad 
                safety and the public interest require such a 
                suspension or revocation.
        The length of a suspension shall be at the discretion of the 
        Administrator. In determining the length of a suspension, the 
        Administrator shall take into account the seriousness of the 
        unsafe practice and the employee's past safety record.
            ``(2) Procedures.--Before acting to suspend or revoke a 
        certificate, the Administrator shall advise the holder of the 
        certificate of the charges or other reasons on which the 
        Administrator relies for the proposed action. Except in an 
        emergency, the Administrator shall provide the holder of the 
        certificate with an opportunity to answer the charges and to be 
        heard on why the certificate should not be suspended or 
        revoked. Except as provided in paragraph (3), the action of the 
        Administrator suspending or revoking a certificate shall be 
        stayed pending the outcome of an appeal under subsection (f).
            ``(3) Emergencies.--If the Administrator determines that an 
        emergency exists and that railroad safety requires that a 
        suspension or revocation be effective immediately, then the 
        Administrator's action shall be effective immediately.
    ``(f) Appeals.--The Administrator shall establish an appropriate 
procedure through which a person adversely affected by--
            ``(1) an action denying a certificate under this section; 
        or
            ``(2) an order suspending or revoking a certificate under 
        subsection (e),
may appeal such action or order. If a finding is made under that 
appeals procedure, after notice and an opportunity for a hearing, that 
railroad safety and the public interest do not require affirmation of 
the original action or order, the Administrator shall amend, modify, or 
reverse that action or order.
    ``(g) Certification of Safety.--
            ``(1) By a carman.--(A) No locomotive, railroad car, or 
        train shall depart its initial terminal until it has been 
        inspected and its safety has been certified in writing by a 
        carman certificated under this section.
            ``(B) No locomotive, railroad car, or train shall be used 
        or operated after it has been repaired or reported to have a 
        defect potentially affecting safety until it has been inspected 
        by a carman certificated under this section and its safety has 
        been subsequently certified in writing by that carman. A safety 
        certification made under this subparagraph may be made 
        conditional on the locomotive, railroad car, or train being 
repaired at the first practical opportunity.
            ``(2) By a signalman.--(A) No signal system shall be used 
        to signal that a train may proceed or to control the movement 
        of automobiles at grade crossings unless its safety has been 
        certified in writing within the past year by a signalman 
        certificated under this section.
            ``(B) No signal system shall be used to signal that a train 
        may proceed or to control the movement of automobiles at grade 
        crossings after that signal system has been repaired or 
        reported to have a defect potentially affecting safety until it 
        has been inspected by a signalman certificated under this 
        section and its safety has been subsequently certified in 
        writing by that signalman.
            ``(3) By a track inspector.--(A) No track shall be used to 
        operate locomotives, railroad cars, or trains unless the safety 
        of that track has been certified in writing within the past 
        year by a track inspector certificated under this section.
            ``(B) No track shall be used after it has been repaired or 
        reported to have a defect potentially affecting safety until it 
        has been inspected by a track inspector certificated under this 
        section and its safety for its anticipated use has been 
        subsequently certified in writing by that track inspector.
    ``(h) Authority To Refuse To Operate Trains or Locomotives.--A 
locomotive engineer may refuse to operate a train or locomotive if that 
locomotive engineer is not satisfied that the train or locomotive can 
be operated safely.
    ``(i) Definitions.--For purposes of this section--
            ``(1) the term `carman' means a railroad employee who 
        inspects, tests, maintains, and repairs brakes, other 
        mechanical systems and components, and safety appliances on 
        railroad cars or locomotives;
            ``(2) the term `conductor' means a railroad road or yard 
        employee who is in charge of a train's passengers or freight;
            ``(3) the term `dispatcher' means an operator, train 
        dispatcher, supervisory train dispatcher, power director, or 
        other train employee who--
                    ``(A) by the use of an electrical or mechanical 
                device dispatches, reports, transmits, receives, or 
                delivers orders related to or affecting train 
                movements;
                    ``(B) directly supervises an employee who carries 
                out responsibilities described in subparagraph (A); or
                    ``(C) dispatches trains through control of third 
                rail or pantographic electrical power;
            ``(4) the term `locomotive engineer' means an operator of a 
        locomotive other than--
                    ``(A) a person who operates a locomotive solely 
                within the confines of a locomotive repair or servicing 
                area; and
                    ``(B) a person who operates a locomotive for short 
                distances for inspection and maintenance purposes;
            ``(5) the term `signalman' means a railroad employee who 
        installs, repairs, and maintains signal systems;
            ``(6) the term `track inspector' means a railroad employee 
        whose sole responsibility is to inspect track, report on its 
        condition, and authorize its use by locomotives, railroad cars, 
        and trains; and
            ``(7) the term `trainman' means a railroad road or yard 
        employee who is under the supervision of a conductor.''.
    (b) Conforming Amendment.--The item relating to section 20135 in 
the table of sections for chapter 201 of title 49, United States Code, 
is amended to read as follows:

``20135. Certification of locomotive engineers and other safety-related 
                            railroad personnel.''.
    (c) Effect of Amendment.--Notwithstanding the amendment made by 
subsection (a), the requirements for licensing or certification of 
locomotive operators under section 20135 of title 49, United States 
Code, as in effect before the date of the enactment of this Act, shall 
continue in effect until the program established under the amendment 
made by subsection (a) takes effect.

SEC. 503. COMMUNICATIONS DEVICES.

    (a) Amendment.--Subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following new section:
``Sec. 20154. Communications devices
    ``(a) Required Equipment.--Each--
            ``(1) locomotive or cab-forward passenger car from which a 
        train is operated; and
            ``(2) roadway work group or lone roadway worker, when 
        working along a railroad's right-of-way,
shall be equipped with an operational radio or other device that 
permits 2-way communication with the railroad's dispatcher or other 
supervisory official who is able to communicate with the railroad's 
locomotive operators and roadway workers.
    ``(b) Operability.--A train may not leave its initial terminal, and 
a roadway work group or lone roadway worker may not leave their base of 
operations, without--
            ``(1) an operable device described in subsection (a); and
            ``(2) a backup operable device described in subsection (a) 
        for use in the event that the device described in paragraph (1) 
        of this subsection fails to operate.
If either such device becomes inoperable after leaving the initial 
terminal, such device shall be promptly repaired or replaced.
    ``(c) Definitions.--For purposes of this section--
            ``(1) the term `roadway work group' means 2 or more roadway 
        workers working together on a common task who are in direct 
        communication with each other; and
            ``(2) the term `roadway worker' means an employee of a 
        railroad, or of a contractor to a railroad, including a 
        maintenance-of-way worker or a signalman, who is working on or 
        near railroad track.''.
    (b) Conforming Amendment.--The table of sections for subchapter II 
of chapter 201 of title 49, United States Code, is amended by adding at 
the end the following new item:

``20154. Communications devices.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 6 months after the date of the enactment of this Act.
                                 <all>