[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2666 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2666

  To authorize activities under the Federal railroad safety laws for 
        fiscal years 1999 through 2002, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 1999

Mr. Shows (for himself and Mr. Lampson) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To authorize activities under the Federal railroad safety laws for 
        fiscal years 1999 through 2002, 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 ``Federal Railroad 
Safety Enhancement Act of 1999''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Amendment of title 49, United States Code.
                       TITLE I--HOURS OF SERVICE

Sec. 101. Definitions.
Sec. 102. Limitations on duty hours of train employees.
Sec. 103. Limitations on duty hours of signal employees.
Sec. 104. Limitations on duty hours of dispatching service employees 
                            and power directors.
Sec. 105. Employee sleeping quarters.
Sec. 106. Fatigue management plans.
Sec. 107. Conforming amendments.
Sec. 108. Limitations on duty hours of transport vehicle drivers.
Sec. 109. Electronic recordkeeping.
         TITLE II--MONITORING OF RAILROAD RADIO COMMUNICATIONS

Sec. 201. Enhanced inspection and investigation authority under the 
                            Federal railroad safety laws.
            TITLE III--PROTECTION OF EMPLOYEES AND WITNESSES

Sec. 301. Expansion of employee protections.
Sec. 302. Employee reports.
Sec. 303. Audits.
Sec. 304. Interfering with or hampering safety investigations.
              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--MISCELLANEOUS PROVISIONS

Sec. 501. Expansion of emergency order authority.
Sec. 502. Safety considerations in grants or loans to commuter 
                            railroads.
Sec. 503. Technical amendments regarding adjustment of civil penalties 
                            for inflation.
Sec. 504. Notification of grade crossing problems.
Sec. 505. High-speed rail noise regulation.
Sec. 506. Rulemaking status reports.
Sec. 507. Track safety.
Sec. 508. Rulemaking process.
Sec. 509. Safety inspectors.
Sec. 510. Certification of locomotive engineers and other safety-
                            related railroad personnel.
Sec. 511. Transport motor vehicle inspections.
Sec. 512. Crane safety.
Sec. 513. Conrail safety exemption.
Sec. 514. Seniority rights.
Sec. 515. Authorization of appropriations.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The railroad industry has achieved a reduction in the 
        number of fatalities, and the number of some types of 
        accidents, such as collisions and grade-crossing accidents, has 
        fallen sharply. But the number of derailments and employee 
        fatalities has remained almost unchanged in recent years, and 
        some key safety issues have not been adequately addressed. 
        Employee fatigue remains a critical problem, and harassment and 
        intimidation of railroad employees continue to cast doubt on 
        the reliability of rail safety statistics and to create a 
        hostile working environment that is not conducive to safety. 
        Concerted efforts are needed to address these problems so that 
        railroad safety can be further improved.
            (2) Consistent with the purposes of the Government 
        Performance and Results Act of 1993, the Federal Railroad 
        Administration has reshaped the regulatory and compliance 
        components of the Federal railroad safety program to ensure 
        that the entire program is squarely focused on achieving 
        demonstrable results, i.e., reducing the number of deaths and 
        injuries associated with railroading in the United States. The 
        foundation of the program is its emphasis on inclusion of all 
        interested parties--railroad employees and labor unions, 
        railroad management, manufacturers, State government groups, 
        and public associations--in identifying safety problems and 
        implementing solutions. This emphasis on safety partnership has 
        helped begin a transformation of the safety culture of the 
        Nation's railroads that is producing safety and business 
        benefits.
            (3) The Safety Assurance and Compliance Program is an 
        approach to safety that emphasizes the active partnership of 
        the Federal Railroad Administration, rail labor 
        representatives, and railroad management in identifying current 
        safety problems and jointly developing effective solutions to 
        those problems. One fundamental principle of this approach is 
        tracing a safety problem to its root cause and attacking that 
        cause rather than only its symptoms. Where a problem is 
        determined to be system-wide, this approach calls for a system-
        wide solution. Under this approach, the Federal Railroad 
        Administration seeks to focus its inspection and enforcement 
        resources on the most serious safety problems. This approach 
        has demonstrated significant capacity for identifying and 
        eliminating the root cause of system-wide safety problems by 
        enlisting those most directly affected by such problems--
        railroad employees and managers in a partnership effort. Used 
        together with the Federal Railroad Administration's regular 
        inspections and enforcement tools, this approach provides a 
        firm basis for addressing the safety challenges facing the 
        changing railroad industry and advancing toward the safety 
        program's ultimate goal of zero tolerance for any safety hazard 
        in the railroad industry.
            (4) The Railroad Safety Advisory Committee, which was 
        established under the Federal Advisory Committee Act (5 U.S.C. 
        App. 2), is proving to be an effective means of involving 
        interested members of the railroad community in the development 
        of railroad safety rules issued by the Federal Railroad 
        Administration. The continued use of this collaborative method 
        of developing safety regulations is more likely to produce 
        rules that are based on an industry consensus and, accordingly, 
        that are more readily understood and more consistently complied 
        with, than rules developed under more traditional methods.

SEC. 3. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

                       TITLE I--HOURS OF SERVICE

SEC. 101. DEFINITIONS.

    Section 21101 is amended--
            (1) by amending paragraph (2) to read as follows:
            ``(2) `dispatching service employee' means an operator, 
        train dispatcher, or other train employee, including an 
        employee of an independent contractor, who--
                    ``(A) by the use of an electrical or mechanical 
                device dispatches, reports, transmits, receives, or 
                delivers orders related to or affecting train 
                movements, including through control of third rail or 
                pantographic electric power; or
                    ``(B) directly supervises an employee who carries 
                out responsibilities described in subparagraph (A).'';
            (2) by redesignating paragraphs (3), (4), and (5), as 
        paragraphs (4), (7), and (8), respectively;
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) `dually employed' means being at the same time in the 
        employ of two or more railroad carriers, of two or more 
        independent contractors, or of both one or more railroad 
        carriers and one or more independent contractors.'';
            (4) in paragraph (4), as so redesignated by paragraph (2) 
        of this section, by striking ``or a train employee'' and 
        inserting ``a train employee, a power director, or a transport 
        vehicle driver'';
            (5) by inserting after paragraph (4), as so redesignated by 
        paragraph (2) of this section, the following new paragraphs:
            ``(5) `independent contractor' means an independent 
        contractor to a railroad carrier and includes a subcontractor 
        to an independent contractor.
            ``(6) `power director' means--
                    ``(A) a train employee who affects the movement of 
                trains through control of third rail or pantographic 
                electric power; and
                    ``(B) an individual who--
                            ``(i) supervises operations and 
                        sectionalizing of an electric power 
                        distribution system which transmits electrical 
                        energy for the propulsion of trains;
                            ``(ii) directs opening and closing of 
                        circuit breakers affecting the movement of 
                        trains and for the protection of employees and 
                        others engaged in work on, or in close 
                        proximity to, any portion of the electric power 
                        distribution system which transmits electrical 
                        energy for the propulsion of trains; or
                            ``(iii) disconnects and sectionalizes 
                        switches as required for the movement of trains 
                        and for the protection of employees and others 
                        engaged in work on, or in close proximity to, 
                        any portion of the electric power distribution 
                        system which transmits electrical energy for 
                        the propulsion of trains.'';
            (6) in paragraph (7), as so redesignated by paragraph (2) 
        of this section, by striking ``employed by a railroad carrier 
        who is engaged in installing, repairing, or maintaining signal 
        systems'' and inserting ``who is engaged in installing, 
        repairing, or maintaining signal systems, including an employee 
        of an independent contractor, and including any individual who 
        directly supervises an individual engaged in those 
        activities'';
            (7) in paragraph (8), as so redesignated by paragraph (2) 
        of this section, by inserting ``and an employee of an 
        independent contractor, and any individual who directly 
        supervises an individual engaged in those activities'' after 
        ``including a hostler''; and
            (8) by adding at the end the following new paragraphs:
            ``(9) `transport motor vehicle' means a motor vehicle used 
        to transport employees of a railroad carrier or its independent 
        contractors to or from a work site.
            ``(10) `transport vehicle driver' means a manager, 
        supervisor, official, agent, or other employee of a railroad 
        carrier or its independent contractor who drives a transport 
        motor vehicle to or from a work site for the purpose of 
        transporting employees of a railroad carrier or its independent 
        contractors.''.

SEC. 102. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOYEES.

    (a) General Rules.--Section 21103(a) is amended--
            (1) by striking ``officers'' and inserting ``managers, 
        supervisors, officers,''; and
            (2) by inserting after paragraph (2) the following:
``In the case of a dually employed employee, a railroad carrier shall 
not be held responsible for violating this subsection because of the 
employee's work schedule for another employer if none of the railroad 
carrier's managers, supervisors, officers, and agents had actual 
knowledge of that work schedule. For purposes of the preceding 
sentence, a railroad carrier's managers, supervisors, officers, and 
agents shall be considered to have actual knowledge of the work 
schedules of the train employees of its independent contractors. A 
railroad carrier shall be held responsible for the actions of its 
independent contractors in requiring or allowing a train employee to 
remain or go on duty.''.
    (b) Determining Time on Duty.--Section 21103(b) is amended--
            (1) in paragraph (3), by striking ``the railroad carrier'' 
        and inserting ``a railroad carrier or independent contractor'';
            (2) in paragraph (4), by inserting ``or waiting on a train 
        for deadhead transportation from a duty assignment'' after ``to 
        a duty assignment'';
            (3) in paragraph (7)(D), by striking ``officer or agent'' 
        and inserting ``manager, supervisor, officer, or agent''; and
            (4) by inserting the following new paragraph at the end:
            ``(8) All time on duty for any railroad carrier or 
        independent contractor shall be included.''.
    (c) Notice About Dual Employment.--Section 21103 is amended by 
adding at the end the following new subsection:
    ``(d) Notice About Dual Employment.--(1) Not later than January 31 
each year, a railroad carrier shall inform in writing each train 
employee engaged in or connected with the movement of a train the 
railroad carrier operates--
            ``(A) that all time spent performing aggregate duty for one 
        or more railroad carriers and one or more independent 
        contractors counts as time on duty under this section;
            ``(B) about the employee's responsibilities under paragraph 
        (2); and
            ``(C) about the penalties applicable under section 21303 to 
        a failure to comply with paragraph (2) of this subsection.
    ``(2) A dually employed train employee shall--
            ``(A) inform each of his or her railroad carrier and 
        independent contractor employers in writing within 5 days after 
        entering into an employment relationship with an additional 
        railroad carrier or independent contractor; and
            ``(B) ensure that each of his or her railroad carrier and 
        independent contractor employers is kept informed about the 
        employee's work schedule with each of the other employing 
        railroad carriers and independent contractors.
    ``(3) A railroad carrier or independent contractor receiving 
written notification of dual employment shall retain a copy of the 
notification for a period of two years after the termination of such 
dual employment status. A copy of such notification shall be made 
available to representatives of the Secretary of Transportation for 
inspection and copying during normal business hours at the railroad 
carrier's or independent contractor's system headquarters and at such 
subsystem headquarters as may be required by the Secretary by 
regulation.''.

SEC. 103. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOYEES.

    (a) General Rules.--Section 21104(a)(2) is amended--
            (1) by striking ``officers'' and inserting ``managers, 
        supervisors, officers,''; and
            (2) by inserting after subparagraph (C) the following:
``In the case of a dually employed employee, a railroad carrier shall 
not be held responsible for violating this paragraph because of the 
employee's work schedule for another employer if none of the railroad 
carrier's managers, supervisors, officers, and agents had actual 
knowledge of that work schedule. For purposes of the preceding 
sentence, a railroad carrier's managers, supervisors, officers, and 
agents shall be considered to have actual knowledge of the work 
schedules of the signal employees of its independent contractors. A 
railroad carrier shall be held responsible for the actions of its 
independent contractors in requiring or allowing a signal employee to 
remain or go on duty.''.
    (b) Determining Time on Duty.--Section 21104(b) is amended--
            (1) in paragraph (2), by striking ``the railroad carrier'' 
        and inserting ``a railroad carrier or independent contractor'';
            (2) in paragraph (3), by striking ``, except that up to one 
        hour of that time spent returning from the final trouble call 
        of a period of continuous or broken service is time off duty''; 
        and
            (3) by inserting the following new paragraph at the end:
            ``(8) All time on duty for any railroad carrier or 
        independent contractor shall be included.''.
    (c) Emergencies.--Section 21104(c) is amended by adding at the end 
the following: ``The repair or inspection of a continuously operating 
or wholly nonoperational grade crossing protection device shall not be 
considered an emergency for purposes of this subsection. If a signal 
employee has not received 8 or 10 consecutive hours off duty as 
required by subsection (a)(2), and such employee is called to duty 
between 12 midnight and 6 a.m., the employee in his sole judgment may 
refuse to go on duty if he feels too tired to perform the work 
safely.''.
    (d) Notice About Dual Employment.--Section 21104 is amended by 
adding at the end the following new subsection:
    ``(d) Notice About Dual Employment.--(1) Not later than January 31 
each year, a railroad carrier shall inform in writing each signal 
employee engaged in installing, repairing, or maintaining signal 
systems for the railroad carrier--
            ``(A) that all time spent performing aggregate duty for one 
        or more railroad carriers and one or more independent 
contractors counts as time on duty under this section;
            ``(B) about the employee's responsibilities under paragraph 
        (2); and
            ``(C) about the penalties applicable under section 21303 to 
        a failure to comply with paragraph (2) of this subsection.
    ``(2) A dually employed signal employee shall--
            ``(A) inform each of his or her railroad carrier and 
        independent contractor employers in writing within 5 days after 
        entering into an employment relationship with an additional 
        railroad carrier or independent contractor; and
            ``(B) ensure that each of his or her railroad carrier and 
        independent contractor employers is kept informed about the 
        employee's work schedule with each of the other employing 
        railroad carriers and independent contractors.
    ``(3) A railroad carrier or independent contractor receiving 
written notification of dual employment shall retain a copy of the 
notification for a period of two years after the termination of such 
dual employment status. A copy shall be made available to 
representatives of the Secretary of Transportation for inspection and 
copying during normal business hours at the railroad carrier's or 
independent contractor's system headquarters and at such subsystem 
headquarters as may be required by the Secretary by regulation.''.

SEC. 104. LIMITATIONS ON DUTY HOURS OF DISPATCHING SERVICE EMPLOYEES 
              AND POWER DIRECTORS.

    (a) Application.--Section 21105(a) is amended by inserting ``or 
power director'' after ``dispatching service employee''.
    (b) General Rules.--Section 21105(b) is amended--
            (1) by striking ``subsection (d)'' and inserting 
        ``subsection (e)'';
            (2) by inserting ``by a railroad carrier or its managers, 
        supervisors, officers, and agents'' after ``or allowed''; and
            (3) by inserting after paragraph (2) the following:
``In the case of a dually employed employee, a railroad carrier shall 
not be held responsible for violating this subsection because of the 
employee's work schedule for another employer if none of the railroad 
carrier's managers, supervisors, officers, and agents had actual 
knowledge of that work schedule. For purposes of the preceding 
sentence, a railroad carrier's managers, supervisors, officers, and 
agents shall be considered to have actual knowledge of the work 
schedules of the dispatching service employees of its independent 
contractors. A railroad carrier shall be held responsible for the 
actions of its independent contractors in requiring or allowing a 
dispatching service employee to remain or go on duty.''.
    (c) Redesignation.--Subsections (c) and (d) of section 21105 are 
redesignated as subsections (d) and (e), respectively.
    (d) Power Directors.--Section 21105 is amended by inserting after 
subsection (b) the following new subsection:
    ``(c) Power Directors.--A railroad carrier and its managers, 
supervisors, officers, and agents may not require or allow a power 
director to remain or go on duty for more than a total of 12 hours 
during a 24-hour period.''.
    (e) Determining Time on Duty.--Section 21105(d), as so redesignated 
by subsection (c) of this section, is amended to read as follows:
    ``(d) Determining Time on Duty.--In determining under subsection 
(b) or (c) the time a dispatching service employee or power director is 
on or off duty, time spent performing any other service for one or more 
railroad carriers or independent contractors (or a combination thereof) 
during a 24-hour period in which the employee is on duty in a tower, 
office, station, or other place is time on duty in that tower, office, 
station, or place, and counts toward the employee's aggregate time on 
duty.''.
    (f) Notice About Dual Employment.--Section 21105 is amended by 
adding at the end the following new subsection:
    ``(f) Notice About Dual Employment.--(1) Not later than January 31 
each year, a railroad carrier shall inform each of its dispatching 
service employees and power directors in writing--
            ``(A) that all time spent performing aggregate duty for one 
        or more railroad carriers and one or more independent 
        contractors counts as time on duty under this section;
            ``(B) about the employee's responsibilities under paragraph 
        (2); and
            ``(C) about the penalties applicable under section 21303 to 
        a failure to comply with paragraph (2) of this subsection.
    ``(2) A dually employed dispatching service employee or power 
director shall--
            ``(A) inform each of his or her railroad carrier and 
        independent contractor employers in writing within 5 days after 
        entering into an employment relationship with an additional 
        railroad carrier or independent contractor; and
            ``(B) ensure that each of his or her railroad carrier and 
        independent contractor employers is kept informed about the 
        employee's work schedule with each of the other employing 
        railroad carriers and independent contractors.
    ``(3) A railroad carrier or independent contractor receiving 
written notification of dual employment shall retain a copy of the 
notification for a period of two years after the termination of such 
dual employment status. A copy shall be made available to 
representatives of the Secretary of Transportation for inspection and 
copying during normal business hours at the railroad carrier's or 
independent contractor's system headquarters and at such subsystem 
headquarters as may be required by the Secretary by regulation.''.
    (g) Technical Amendments.--(1) The heading of section 21105 is 
amended by inserting ``and power directors'' after ``service 
employees''.
    (2) The item in the table of sections of chapter 211 relating to 
section 21105 is amended by inserting `and power directors'' after 
``service employees''.

SEC. 105. EMPLOYEE SLEEPING QUARTERS.

    Section 21106 is amended to read as follows:
``Sec. 21106. Limitations on employee sleeping quarters
    ``(a) General Rule.--A railroad carrier and its managers, 
supervisors, officers, and agents may provide sleeping quarters 
(including crew quarters, camp or bunk cars, and trailers) for 
employees, including signal employees, and for any individuals employed 
to maintain the right of way of a railroad carrier, only if the 
sleeping quarters--
            ``(1) are clean, safe, and sanitary;
            ``(2) give those employees and other individuals an 
        opportunity for rest free from the interruptions caused by 
        noise; and
            ``(3) provide a separate bedroom for each employee or other 
        individual.
    ``(b) Location.--Effective January 1, 2000, 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. 106. FATIGUE MANAGEMENT PLANS.

    (a) Amendment.--Chapter 211 is amended by adding at the end the 
following new section:
``Sec. 21109. Fatigue management plans
    ``(a) Plan Submission.--
            ``(1) Requirement.--Each Class I and Class II railroad 
        carrier, each railroad carrier providing intercity rail 
        passenger transportation (as such term is defined in section 
        24102), and each railroad carrier providing commuter rail 
        passenger transportation (as such term is defined in section 
        24102), shall submit to the Secretary of Transportation a 
        fatigue management plan that is designed to reduce the fatigue 
        experienced by railroad employees employed by the railroad 
        carrier or its independent contractors and to reduce the 
        likelihood of accidents and injuries caused by fatigue. The 
        plan shall be submitted not later than 1 year after the date of 
        the enactment of this section, or not later than 45 days prior 
        to commencing operations, whichever is later.
            ``(2) Contents of plan.--The fatigue management plan 
        shall--
                    ``(A) include a summary of the railroad carrier's 
                analysis supporting each plan element;
                    ``(B) describe how every condition on the railroad 
                carrier's property, and every type of employee, that is 
                likely to be affected by fatigue is addressed in the 
                plan; and
                    ``(C) include the name, title, address, and 
                telephone number of the primary person to be contacted 
                with regard to review of the plan.
            ``(3) Approval; notice; audits.--(A) The Secretary shall 
        review each proposed plan and proposed amendment to a plan and 
        approve or disapprove such plan or amendment based on whether 
        the requirements of this section are sufficiently and 
        appropriately addressed and the proposals are adequately 
        justified in the plan or amendment.
            ``(B) If the proposed plan or amendment to the plan is not 
        approved, the Secretary shall notify the affected railroad 
        carrier as to the specific points in which the proposed plan or 
        amendment to the plan is deficient, and the railroad carrier 
        shall correct all deficiencies within 30 days following receipt 
        of written notice from the Secretary. If a railroad carrier 
        does not submit a plan (or, when directed by the Secretary, an 
        amended plan), or if a railroad carrier's amended plan is not 
        approved by the Secretary, the Secretary shall prescribe a 
        fatigue management plan for the railroad carrier.
            ``(C) To carry out this section, the Secretary may conduct 
        periodic audits of a railroad carrier's compliance with its 
        fatigue management plan.
            ``(4) Amendments.--Each affected railroad carrier shall 
        file any proposed amendment to its plan with the Secretary not 
        later than 60 days prior to the proposed effective date of the 
        amendment.
            ``(5) Employee participation.--(A) Each affected railroad 
        carrier shall consult with, and employ good faith and use its 
        best efforts to reach agreement by consensus with, all of its 
        directly affected employee groups on the contents of the 
        fatigue management plan and amendments to the plan, and, except 
        as provided in subparagraph (C), shall jointly with such groups 
        submit the plan and each amendment to the plan to the 
        Secretary.
            ``(B) In the event that labor organizations represent 
        classes or crafts of directly affected employees of the 
        railroad carrier, the railroad carrier shall consult with these 
        organizations in drafting the plan and amendments to the plan. 
        The Secretary may provide assistance to the parties involved in 
        a negotiation.
            ``(C) If the railroad carrier and its directly affected 
        employees (including any labor organization representing a 
        class or craft of directly affected employees of the railroad 
        carrier) cannot reach consensus on the proposed contents of the 
        plan or an amendment to the plan, then--
                    ``(i) the railroad carrier shall file the plan or 
                amendment with the Secretary; and
                    ``(ii) directly affected employees and labor 
                organizations representing a class or craft of directly 
                affected employees may, at their option, file a 
                statement with the Secretary explaining their views on 
                the plan or amendment on which consensus was not 
                reached.
            ``(6) Temporary compliance rules.--During the first two 
        years after the date of the enactment of this section, 
        compliance with a fatigue management plan approved by the 
        Secretary not requiring a waiver of a provision of law is not 
        required. However, compliance with a plan approved by the 
        Secretary involving waiver of one or more statutory provisions 
        under subsection (c) of this section is mandatory.
            ``(7) Permanent compliance rules.--Effective two years 
        after the date of the enactment of this section:
                    ``(A) Compliance with a fatigue management plan and 
                amendments becomes mandatory and enforceable by the 
                Secretary.
                    ``(B) In the interest of railroad safety, 
                additional categories or classes of railroad carriers 
                may be required to submit a fatigue management plan, as 
                determined under regulations prescribed by the 
                Secretary.
            ``(8) Resubmission or revision.--The Secretary may require 
        resubmission or revision of a fatigue management plan at any 
        time.
    ``(b) Elements of the Fatigue Management Plan.--
            ``(1) Consideration of varying circumstances.--Each plan 
        filed with the Secretary under the procedures of subsection (a) 
        shall take into account the varying circumstances of operations 
        by the railroad carrier on different parts of its system, and 
        shall prescribe appropriate fatigue countermeasures to address 
        those varying circumstances.
            ``(2) Issues affecting all employees.--With respect to all 
        directly affected employees, including scheduled employees and 
        nonscheduled employees, the plan shall address, at a minimum, 
        the following issues:
                    ``(A) Education and training on the physiological 
                and psychological factors that affect fatigue, as well 
                as strategies to counter fatigue, based on current and 
                evolving scientific and medical research and 
                literature.
                    ``(B) Opportunities for identification, diagnosis, 
                and treatment of sleep disorders, including--
                            ``(i) screenings as part of required 
                        physical examinations;
                            ``(ii) questionnaires to identify employees 
                        at risk; and
                            ``(iii) home screening of employees,
                with the results thereof assessed by physicians with a 
                specialization in sleep disorders.
                    ``(C) Effects on employee fatigue of emergency 
                response involving both short-term emergency 
                situations, including derailments, and long-term 
                emergency situations, including natural disasters.
                    ``(D) Scheduling practices involving train lineups 
                and calling times, including work/rest cycles for shift 
                workers and on-call employees that permit employees to 
                compensate for cumulative sleep loss by guaranteeing a 
                minimum number of consecutive days off (exclusive of 
                time off due to illness or injury).
                    ``(E) Minimizing the scheduling of nighttime split 
                shifts.
                    ``(F) The effects of staffing levels and workloads 
                on fatigue.
                    ``(G) Alertness strategies, such as policies on 
                napping, to address acute sleepiness and fatigue while 
                an employee is on duty.
                    ``(H) Opportunities to obtain restful sleep at 
                lodging facilities, including sleeping quarters 
                provided by the railroad carrier.
                    ``(I) Ways to minimize the amount of time that 
                employees spend awaiting the arrival of deadhead 
                transportation to their points of final release, and to 
                mitigate the fatigue consequences of excessive waiting 
                time.
            ``(3) Issues affecting nonscheduled employees.--With 
        respect only to nonscheduled employees, the plan shall address, 
        at a minimum, the following issues:
                    ``(A) In connection with the scheduling of a duty 
                call, increasing the number of consecutive hours of 
                rest off duty, during which an employee receives no 
                communication from the employing railroad carrier or 
                its managers, supervisors, officers, or agents.
                    ``(B) Lengthening the notice provided to an 
                employee of the time to report for duty.
                    ``(C) Work/rest cycles that guarantee a greater 
                minimum number of consecutive days off than is afforded 
                to scheduled employees (exclusive of time off due to 
                illness or injury).
                    ``(D) Avoiding abrupt changes in rest cycles for 
                employees returning to duty after an extended absence 
                due to circumstances such as illness, injury, or 
                vacation.
    ``(c) Waiver.--
            ``(1) Petition.--A railroad carrier and all labor 
        organizations representing any class or craft of directly 
        affected employees of the railroad carrier may jointly request, 
        as part of a proposed fatigue management plan, the waiver of 
        any provisions of this chapter. The Secretary shall publish any 
        petition for such a waiver in the Federal Register and shall 
        provide all parties an opportunity to comment on the petition. 
        The Secretary shall also, on the request of any interested 
        party, conduct a hearing on the petition.
            ``(2) Authority to waive.--The Secretary is authorized to 
        waive any provision of this chapter pursuant to a request under 
        paragraph (1) or paragraph (3) if the petition demonstrates to 
        the Secretary's satisfaction that--
                    ``(A) the waiver permits procedures that are 
                essential to achieving the objectives of reducing 
                fatigue and enhancing safety, which would not be lawful 
                without the waiver; and
                    ``(B) the plan effectively protects the safety 
                interest addressed by the provision to be waived.
            ``(3) When employees are not represented by labor 
        organizations.--In the event that labor organizations do not 
        represent classes or crafts of directly affected employees of a 
        railroad carrier, the railroad carrier may, after consulting 
        with all of its directly affected employees or employee groups 
        in drafting the waiver request, request the waiver of any 
        provisions of this chapter, subject to the same conditions and 
        procedures as a request made under paragraph (1).
    ``(d) Exemption.--
            ``(1) In general.--If a railroad carrier and a labor 
        organization representing a class or craft of the employees of 
that railroad carrier mutually agree to a fatigue management plan 
submitted to the Secretary, the railroad carrier shall be exempt from 
the requirements of subsections (a), (b), and (c) of this section with 
respect to the application of the plan to that class or craft of 
employees.
            ``(2) Termination of exemption.--If at any time a railroad 
        carrier or a labor organization representing a class or craft 
        of the employees of the railroad carrier notifies the Secretary 
        that it no longer agrees to a fatigue management plan submitted 
        under paragraph (1), the exemption under paragraph (1) shall 
        cease, and the railroad carrier shall be subject to the 
        requirements of subsections (a), (b), and (c) of this section 
        with respect to the application of the plan to that class or 
        craft of employees, except that the date that the Secretary 
        declares that the exemption ceases shall be considered as the 
        date of enactment of this section for purposes of subsection 
        (a)(1), (6), and (7).
    ``(e) Definitions.--For purposes of this section--
            ``(1) the term `directly affected employees' means 
        employees, including employees of an independent contractor, to 
        whose hours of service the terms of a fatigue management plan 
        specifically apply;
            ``(2) the term `interested party' includes a labor 
        organization representing employees of a railroad carrier 
        performing work similar to the work performed by the directly 
        affected employees (who are not members of a labor 
        organization) of another railroad carrier requesting a waiver 
        under subsection (c);
            ``(3) the term `nonscheduled employee' means an employee 
        that is not a scheduled employee; and
            ``(4) the term `scheduled employee' means an employee who 
        is assigned to work a tour of duty with a regular and 
        predictable starting and stopping time.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
211 is amended by adding at the end the following new item:

``21109. Fatigue management plans.''.

SEC. 107. CONFORMING AMENDMENTS.

    (a) Section 21102(a)(4) is amended by striking ``officer or agent'' 
and inserting ``manager, supervisor, officer, or agent''.
    (b) Section 21303(a)(1) is amended by inserting ``or 21109'' after 
``section 21108''.
    (c) Section 21303(c) is amended by striking ``officers and agents'' 
and inserting ``managers, supervisors, officers, agents, and 
independent contractors''.

SEC. 108. LIMITATIONS ON DUTY HOURS OF TRANSPORT VEHICLE DRIVERS.

    (a) Amendment.--Chapter 211 is amended by adding at the end the 
following new section:
``Sec. 21110. Limitations on duty hours of transport vehicle drivers
    ``(a) In General.--Except as provided in subsection (c) of this 
section, a railroad carrier and its managers, supervisors, officers, 
and agents may not require or allow a transport vehicle driver to 
remain or go on duty--
            ``(1) unless that transport vehicle driver has had at least 
        8 consecutive hours of rest off duty, during which the 
        transport vehicle driver receives no communication from such 
        employing railroad carrier or its managers, supervisors, 
        officers, and agents, during the prior 24 hours;
            ``(2) for a period in excess of 10 consecutive hours;
            ``(3) unless that transport vehicle driver has received 
        notice at least 8 hours before going on duty; and
            ``(4) unless that transport vehicle driver has had at least 
        one period of at least 24 consecutive hours off duty in the 
        past 7 days.
In the case of a dually employed transport vehicle driver, a railroad 
carrier shall not be held responsible for violating this subsection 
because of the transport vehicle driver's work schedule for another 
employer if none of the railroad carrier's managers, supervisors, 
officers, and agents had actual knowledge of that work schedule. For 
purposes of the preceding sentence, a railroad carrier's managers, 
supervisors, officers, and agents shall be considered to have actual 
knowledge of the work schedules of the transport vehicle driver 
employees of its independent contractors. A railroad carrier shall be 
held responsible for the actions of its independent contractors in 
requiring or allowing a transport vehicle driver to remain or go on 
duty.
    ``(b) Determining Time on Duty.--In determining under subsection 
(a) of this section the time a transport vehicle driver is on or off 
duty, the following rules apply:
            ``(1) Time on duty begins when the transport vehicle driver 
        reports for duty and ends when the transport vehicle driver is 
        finally released from duty.
            ``(2) Time when the transport vehicle driver is engaged in 
        or connected with the movement of a transport motor vehicle is 
        time on duty, even when such vehicle is not actually 
        transporting employees of a railroad carrier or its independent 
        contractor.
            ``(3) Time spent performing any other service for a 
        railroad carrier or for an independent contractor for the 
        benefit of a railroad carrier during a 24-hour period in which 
        the transport vehicle driver is engaged in or connected with 
        the movement of a transport motor vehicle is time on duty.
    ``(c) Emergencies.--A transport vehicle driver, who encounters an 
emergency and cannot, because of that emergency, safely complete a 
transportation assignment within the 10-hour maximum driving time 
permitted by subsection (a)(2), may drive and be permitted or required 
to drive a transport motor vehicle for not more than 2 additional hours 
in order to complete that transportation assignment or to reach a place 
offering safety for the occupants of the transport motor vehicle and 
security for the transport motor vehicle, if such transportation 
assignment reasonably could have been completed within such 10-hour 
period absent the emergency. A railroad carrier shall exercise due 
diligence to avoid or limit excess service even in the event of an 
emergency.
    ``(d) Notice About Dual Employment.--(1) Not later than January 31 
each year, a railroad carrier shall inform each of its transport 
vehicle drivers in writing--
            ``(A) that all time spent performing aggregate duty for one 
        or more railroad carriers and one or more independent 
        contractors counts as time on duty under this section;
            ``(B) about the transport vehicle driver's responsibilities 
        under paragraph (2); and
            ``(C) about the penalties applicable under section 21303 to 
        a failure to comply with paragraph (2) of this subsection.
    ``(2) A dually employed transport vehicle driver shall--
            ``(A) inform each of his or her railroad carrier and 
        independent contractor employers in writing within 5 days after 
        entering into an employment relationship with an additional 
        railroad carrier or independent contractor; and
            ``(B) ensure that each of his or her railroad carrier and 
        independent contractor employers is kept informed about the 
        transport vehicle driver's work schedule with each of the other 
        employing railroad carriers and independent contractors.
    ``(3) A railroad carrier or independent contractor receiving 
written notification of dual employment shall retain a copy of the 
notification for a period of two years after the termination of such 
dual employment status. A copy shall be made available to 
representatives of the Secretary of Transportation for inspection and 
copying during normal business hours at the railroad carrier's or 
independent contractor's system headquarters and at such subsystem 
headquarters as may be required by the Secretary by regulation.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
211 is amended by adding after the item relating to section 21109 the 
following new item:

``21110. Limitations on duty hours of transport vehicle drivers.''.

SEC. 109. ELECTRONIC RECORDKEEPING.

    (a) Amendment.--Chapter 211 is amended by adding at the end the 
following new section:
``Sec. 21111. Electronic recordkeeping
    ``In rules or waivers issued under this part concerning 
recordkeeping related to compliance with this chapter, the Secretary of 
Transportation shall, where appropriate, permit that records be made, 
maintained, or submitted by electronic means. The Secretary shall 
ensure that railroad carriers making, maintaining, or submitting such 
records by electronic means--
            ``(1) provide adequate training to their employees on how 
        to use those electronic means; and
            ``(2) establish appropriate safeguards to ensure data 
        integrity.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
211 is amended by adding after the item relating to 21110 the following 
new item:

``21111. Electronic recordkeeping.''.

         TITLE II--MONITORING OF RAILROAD RADIO COMMUNICATIONS

SEC. 201. ENHANCED INSPECTION AND INVESTIGATION AUTHORITY UNDER THE 
              FEDERAL RAILROAD SAFETY LAWS.

    Section 20107 is amended by inserting at the end the following new 
subsection:
    ``(c) Railroad Radio Communications.--(1) To carry out the 
Secretary's responsibilities under this part, officers, employees, or 
agents of the Secretary are authorized to conduct the following kinds 
of inspection and investigative activities at reasonable times and in a 
reasonable manner:
            ``(A) To receive or assist in receiving a radio 
        communication that is broadcast or transmitted over a railroad 
        carrier's dedicated frequency not for the use of the general 
        public, with or without making their presence known to the 
        sender or other receivers of the communication, and with or 
        without obtaining the consent of the sender or other receivers 
        of the communication.
            ``(B) To communicate the existence, contents, substance, 
        purport, effect, or meaning of a communication described in 
        subparagraph (A).
            ``(C) To record a communication described in subparagraph 
        (A) by any means, including writing and tape recording.
    ``(2) The purposes for which officers, employees, or agents of the 
Secretary are permitted to engage in the activities set forth in 
paragraph (1) of this subsection include rulemaking, accident 
investigation, and acquiring general information as to railroad 
operations.
    ``(3) Information obtained in compliance with paragraphs (1) and 
(2) of this subsection may not be used as evidence for the assessment 
or collection of civil penalties, or for the implementation of other 
enforcement mechanisms provided in section 5122, 20702(b), 20111, 
20112, 20113, or 20114 of this title, or in any disciplinary proceeding 
by a railroad carrier, but may be used as background for further 
investigation which might lead to the discovery of other useful 
evidence.
    ``(4) The authority granted by this subsection shall be an 
exception to the general prohibitions of section 605 of title 47, 
United States Code, and chapter 119 of title 18, United States Code.''.

            TITLE III--PROTECTION OF EMPLOYEES AND WITNESSES

SEC. 301. EXPANSION OF EMPLOYEE PROTECTIONS.

    (a) Protected Actions.--Section 20109(a) is amended to read as 
follows:
    ``(a) Protected Actions.--A railroad carrier engaged in interstate 
or foreign commerce, and an officer or employee of such a railroad 
carrier, shall not by threat, intimidation, or otherwise attempt to 
prevent an employee from, or discharge, discipline, or in any way 
discriminate against an employee for--
            ``(1) filing a complaint or bringing or causing to be 
        brought a proceeding related to the enforcement of this part 
        or, as applicable to railroad safety, chapter 51 or 57 of this 
        title;
            ``(2) testifying in a proceeding described in paragraph 
        (1);
            ``(3) notifying, or attempting to notify, the railroad 
        carrier of a work-related personal injury or work-related 
        illness of an employee;
            ``(4) cooperating with a safety investigation by the 
        Secretary of Transportation or the National Transportation 
        Safety Board; or
            ``(5) furnishing 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) Hazardous Conditions.--Section 20109(b) is amended to read as 
follows:
    ``(b) Hazardous Conditions.--(1) A railroad carrier engaged in 
interstate or foreign commerce, and an officer or employee of such a 
railroad carrier, shall not by threat, intimidation, or otherwise 
attempt to prevent an employee from, or discharge, discipline, or in 
any way discriminate against an employee for--
            ``(A) reporting a hazardous condition;
            ``(B) refusing to work when confronted by a hazardous 
        condition related to the performance of the employee's duties, 
        if the conditions described in paragraph (2) exist; or
            ``(C) refusing to authorize the use of any safety-related 
        equipment, track, or structures, if the employee is responsible 
        for the inspection or repair of the equipment, track, or 
        structures, when the employee believes that the equipment, 
        track, or structures are in a hazardous condition, if the 
        conditions described in paragraph (2) exist.
    ``(2) A refusal is protected under paragraph (1)(B) and (C) if--
            ``(A) the refusal is made in good faith and no reasonable 
        alternative to the refusal is available to the employee;
            ``(B) the employee reasonably concludes that--
                    ``(i) the hazardous condition presents an imminent 
                danger of death or serious injury; and
                    ``(ii) the urgency of the situation does not allow 
                sufficient time to eliminate the danger without such 
                refusal; and
            ``(C) the employee, where possible, has notified the 
        carrier of the existence of the hazardous condition and the 
        intention not to perform further work, or not to authorize the 
        use of the hazardous equipment, track, or structures, unless 
        the condition is corrected immediately.
    ``(3) This subsection does not apply to security personnel employed 
by a railroad carrier to protect individuals and property transported 
by railroad.''.
    (c) Enforcement and Dispute Resolution.--Section 20109(c) is 
amended--
            (1) by striking ``Dispute Resolution.--A dispute'' and 
        inserting ``Enforcement and Dispute Resolution.--(1) The 
        Secretary of Transportation may enforce this section under 
        section 20111, the Attorney General may enforce this section 
        under section 20112, and the States may enforce this section 
        under section 20113.
    ``(2) Any employee aggrieved by a violation of subsection (a) or 
(b) may in a civil action obtain appropriate relief.
    ``(3) A dispute'';
            (2) by striking ``180 days after it is filed'' and 
        inserting ``60 days after it is filed if the violation is a 
        form of discrimination that involves discharge, suspension, or 
        another action affecting pay, and 180 days after the dispute, 
        grievance, or claim is filed if the violation is a form of 
        discrimination that does not involve discharge, suspension, or 
        another action affecting pay'';
            (3) by striking the last sentence and inserting the 
        following: ``If the employee has been found by the Board, 
        division, delegate, or board of adjustment to have been 
        discharged, suspended, or otherwise discriminated against in 
        violation of subsection (a) or (b) of this section, 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.''; and
            (4) by adding at the end the following new paragraph:
    ``(4) An employee may not seek relief under both paragraph (2) and 
paragraph (3) with respect to the same violation.''.
    (d) Penalties.--
            (1) Civil penalties.--Section 21302(a)(1) is amended by 
        striking ``a regulation prescribed or order issued under 
        chapter 201 of this title'' and inserting ``chapter 201 of this 
        title, or a regulation prescribed or order issued under chapter 
        201,''.
            (2) Criminal penalties.--Section 21311(a) 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 ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) violates section 20109.''.
    (e) Exclusion From Employment.--
            (1) Amendment.--Chapter 213 is amended by adding at the end 
        the following new subchapter:

              ``SUBCHAPTER III--EXCLUSION FROM EMPLOYMENT

``Sec. 21321. Exclusion from employment
    ``(a) Exclusion From Employment.--The Secretary of Transportation 
may, in order to preserve railroad safety and protect safety-critical 
railroad employees from harassment and intimidation, issue an order 
excluding from employment by a railroad carrier as a safety-critical 
employee, including employment as a supervisor of a safety-critical 
employee, any individual--
            ``(1) who has violated section 20109 of this title or who 
        has harassed or intimidated a railroad employee with the intent 
        of discouraging that employee from reporting--
                    ``(A) a reportable accident or injury; or
                    ``(B) track, equipment, or operating practices that 
                violate the standards promulgated by the Secretary 
                pursuant to this part; and
            ``(2) who has demonstrated personal dishonesty or willful 
        or continuing disregard for railroad safety or the integrity or 
        accuracy of railroad safety reporting requirements under 
        section 20901 of this title.
    ``(b) Opportunity for Hearing.--An order under subsection (a) may 
be issued only after the individual who is the subject of the proposed 
order is given notice of the reasons for the proposed order and an 
opportunity for a hearing.
    ``(c) Duration.--An order under subsection (a) shall be of 
indefinite duration. Not less than 1 year after the issuance of such an 
order, an individual subject to such an order may petition the 
Secretary for the rescission of the order. The Secretary may grant such 
a petition if the Secretary finds that employment by a railroad carrier 
of the individual who was the subject of the order is not likely to 
result in a reduction in railroad safety or in an increased likelihood 
of harassment and intimidation of safety-critical railroad 
employees.''.
            (2) Table of sections amendment.--The table of sections of 
        part A of subtitle V is amended by adding at the end the 
        following:

              ``SUBCHAPTER III--EXCLUSION FROM EMPLOYMENT

``21321. Exclusion from employment.''.

SEC. 302. EMPLOYEE REPORTS.

    Section 20901(a) 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. 303. AUDITS.

    Section 20901 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.''.

SEC. 304. INTERFERING WITH OR HAMPERING SAFETY INVESTIGATIONS.

    (a) Amendment.--Subchapter II of chapter 213 is amended by adding 
at the end the following new section:
``Sec. 21312. Interfering with or hampering safety investigations
    ``(a) In General.--It shall be unlawful for any person knowingly to 
interfere with, obstruct, or hamper an investigation by the Secretary 
of Transportation conducted under section 20703 or 20902 of this title, 
or by the National Transportation Safety Board under chapter 11 of this 
title.
    ``(b) Intimidation and Harassment.--It shall be unlawful for any 
person, with regard to an investigation conducted by the Secretary 
under section 20703 or 20902 of this title, or by the National 
Transportation Safety Board under chapter 11 of this title, knowingly 
or intentionally to use intimidation, harassment, threats, or physical 
force toward another person, or corruptly persuade another person, or 
attempt to do so, or engage in misleading conduct toward another 
person, with the intent or effect of--
            ``(1) influencing the testimony or statement of any person;
            ``(2) hindering, delaying, preventing, or dissuading any 
        person from--
                    ``(A) attending a proceeding or interview with, 
                testifying before, or providing a written statement to, 
                a National Transportation Safety Board investigator, a 
                Federal railroad safety inspector or State railroad 
                safety inspector, or their superiors;
                    ``(B) communicating or reporting to a National 
                Transportation Safety Board investigator, a Federal 
                railroad safety inspector, or a State railroad safety 
                inspector, or their superiors, information relating to 
                the commission or possible commission of one or more 
                violations of this part or of chapter 51 of this title; 
                or
                    ``(C) recommending or using any legal remedy 
                available to the Secretary under this title; or
            ``(3) causing or inducing any person to--
                    ``(A) withhold testimony, or a statement, record, 
                document, or other object, from the investigation;
                    ``(B) alter, destroy, mutilate, or conceal a 
                statement, record, document, or other object with 
                intent to impair the integrity or availability of the 
                statement, record, document, or other object for use in 
                the investigation;
                    ``(C) evade legal process summoning that person to 
                appear as a witness, or to produce a statement, record, 
                document, or other object, in the investigation; or
                    ``(D) be absent from an investigation to which such 
                person has been summoned by legal process.
    ``(c) Elements of Violation.--(1) For the purposes of this section, 
the testimony or statement, or the record, document, or other object, 
need not be admissible in evidence or free from a claim of privilege.
    ``(2) In a prosecution for an offense under this section, no state 
of mind need be proved with respect to the circumstance that the 
investigation is being conducted by the Secretary under section 20703 
or 20902 of this title or by the National Transportation Safety Board 
under chapter 11 of this title.
    ``(d) Criminal Penalties.--A person violating this section shall be 
fined under title 18, imprisoned for not more than two years, or 
both.''.
    (b) Table of Sections Amendment.--The table of sections of 
subchapter II of chapter 213 is amended by adding at the end the 
following new item:

``21312. Interfering with or hampering safety investigations.''.

              TITLE IV--PASSENGER SERVICE SAFETY STANDARDS

SEC. 401. EMERGENCY WINDOWS AND DOORS.

    Section 20133 is amended by adding at the end the following new 
subsection:
    ``(e) Emergency Windows and Doors.--(1) After January 1, 2002, 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 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, 2001.
    (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 to implement the recommendations made in 
the report.

SEC. 403. PASSENGER LOCOMOTIVE FUEL TANKS.

    (a) Amendment.--Chapter 207 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 Federal Railroad Safety Enhancement Act of 1999, 
and delivered to a railroad carrier on or after January 1, 2001, 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) Table of Sections Amendment.--The table of sections of chapter 
207 is amended by adding at the end the following new item:

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

SEC. 404. PASSENGER CAR CRASHWORTHINESS.

    Section 20133, 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 
Federal Railroad Safety Enhancement Act of 1999, and delivered to a 
railroad carrier on or after January 1, 2001, 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, 2003, 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 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, 2000--
                    ``(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, 2000, 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, 2001, 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, 2003.
    ``(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 of subchapter II of chapter 201 is amended by 
striking ``progress report''.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. EXPANSION OF EMERGENCY ORDER AUTHORITY.

    Section 20104(a)(1) is amended by striking ``death or personal 
injury'' and inserting ``death, personal injury, or significant harm to 
the environment''.

SEC. 502. SAFETY CONSIDERATIONS IN GRANTS OR LOANS TO COMMUTER 
              RAILROADS.

    Section 5329 is amended by adding at the end the following new 
subsection:
    ``(c) Commuter Railroad Safety Considerations.--In making a grant 
or loan under this chapter that concerns a railroad subject to the 
Secretary's safety jurisdiction under section 20102 of this title, the 
Administrator of the Federal Transit Administration shall consult with 
the Administrator of the Federal Railroad Administration concerning 
relevant safety issues. The Secretary may use appropriate authority 
under this chapter, including the authority to prescribe particular 
terms or covenants under section 5334 of this title, to address any 
safety issues identified in the project supported by the loan or 
grant.''.

SEC. 503. TECHNICAL AMENDMENTS REGARDING ADJUSTMENT OF CIVIL PENALTIES 
              FOR INFLATION.

    (a) Chapter 201 General Violations.--In section 21301(a)(2), insert 
after ``$10,000'' and after ``$20,000'' the following: ``, as adjusted 
pursuant to the Federal Civil Penalties Inflation Adjustment Act of 
1990 (28 U.S.C. 2461 note)''.
    (b) Chapter 201 Accident and Incident Violations and Chapter 203-
209 Violations.--In section 21302(a)(2), insert after ``$10,000'' and 
after ``$20,000'' the following: ``, as adjusted pursuant to the 
Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 
2461 note)''.
    (c) Chapter 211 Violations.--In section 21303(a)(2), insert after 
``$10,000'' and after ``$20,000'' the following: ``, as adjusted 
pursuant to the Federal Civil Penalties Inflation Adjustment Act of 
1990 (28 U.S.C. 2461 note)''.

SEC. 504. NOTIFICATION OF GRADE CROSSING PROBLEMS.

    (a) Amendment.--Section 20152 is amended to read as follows:
``Sec. 20152. Notification of grade crossing problems
    ``(a) Program.--(1) The Secretary of Transportation shall require 
the establishment of notification systems utilizing toll-free telephone 
numbers that the public can use to convey to railroad carriers, either 
directly or through public safety personnel, information about 
malfunctions of automated warning devices or other safety problems at 
highway-rail grade crossings.
    ``(2) To accelerate the implementation of such systems, the 
Secretary may provide technical assistance and enter into cooperative 
agreements. Such assistance shall include appropriate emphasis on the 
public safety needs associated with operation of small railroad 
carriers.
    ``(b) Report.--Not later than 2 years after the date of the 
enactment of the Federal Railroad Safety Enhancement Act of 1999, the 
Secretary shall report to the Congress the status of such notification 
systems, together with any recommendations for further legislation that 
the Secretary considers appropriate to enhance grade crossing 
safety.''.
    (b) Table of Sections Amendment.--The item relating to section 
20152 in the table of sections of subchapter II of chapter 201 is 
amended to read as follows:

``20152. Notification of grade crossing problems.''.

SEC. 505. HIGH-SPEED RAIL NOISE REGULATION.

    (a) Amendment.--Chapter 201 is amended by adding a new section at 
the end as follows:
``Sec. 20154. High-speed rail noise regulation
    ``The Secretary of Transportation, in consultation with the 
Administrator of the Environmental Protection Agency, shall prescribe 
regulations addressing noise emissions from high-speed rail systems, 
including magnetic levitation systems, when operating at speeds greater 
than 150 miles per hour. Such regulations shall be prescribed to 
protect the public health and welfare, including the health and welfare 
of railroad employees, taking into account the degree of noise 
reduction achievable through the application of the best available 
technology and the cost of compliance. Regulations issued under this 
section shall be in lieu of railroad-related noise regulations issued 
pursuant to the Noise Control Act of 1972 (42 U.S.C. 4916(a)) only for 
locomotives, cars, and consists of locomotives and cars, when operating 
at speeds greater than 150 miles per hour.''.
    (b) Table of Sections Amendment.--The table of sections of chapter 
201 is amended by adding at the end the following new item:

``20154. High-speed rail noise regulation.''.

SEC. 506. RULEMAKING STATUS REPORTS.

    (a) Requirement.--The Administrator of the Federal Railroad 
Administration shall report once every 3 months 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 of Transportation or the 
        Administrator of the Federal Railroad Administration under 
        general statutory authority; and
            (2) 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. 507. TRACK SAFETY.

    Section 20142 is amended to read as follows:
``Sec. 20142. Track safety
    ``(a) Speed of Inspection Vehicles.--Not later than one year after 
the date of the enactment of the Federal Railroad Safety Enhancement 
Act of 1999, the Secretary of Transportation shall issue rules 
requiring that no track inspection shall be conducted from a vehicle 
traveling at a speed of more than 15 miles per hour.
    ``(b) 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 when working 
in a classification yard shall be equipped with portable equipment 
permitting the motion of freely rolling railroad cars to be 
automatically arrested.
    ``(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 carrier, or of a contractor to a railroad carrier, 
        including a maintenance-of-way worker or a signalman, who is 
        working on or near railroad track.
    ``(d) Effective Date.--Subsection (b)(1) shall take effect on 
January 1, 2002.''.

SEC. 508. RULEMAKING PROCESS.

    (a) Amendment.--Subchapter I of chapter 201 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 of 
Transportation 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 
Federal agency or employee 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) Table of Sections Amendment.--The table of sections of 
subchapter I of chapter 201 is amended by adding after the item 
relating to section 20115 the following new item:

``20116. Rulemaking process.''.

SEC. 509. SAFETY INSPECTORS.

    Section 20115 is amended--
            (1) by amending paragraph (1) of subsection (a) 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, 1998, to 
        improve the safety of railroad carriers subject to this 
        chapter;'';
            (2) 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)'';
            (3) 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)'';
            (4) in the heading of subsection (d), by striking ``Annual 
        Report'' and inserting ``Reports'';
            (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 2002, 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. 510. CERTIFICATION OF LOCOMOTIVE ENGINEERS AND OTHER SAFETY-
              RELATED RAILROAD PERSONNEL.

    (a) Amendment.--Section 20135 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) power directors; and
            ``(6) 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, 2002, no person shall carry out the responsibilities 
of the carman, conductor, dispatcher, locomotive engineer, power 
director, 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) An 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,
        if the individual, after the conviction, cancellation, 
        revocation, or suspension, successfully completes a 
        rehabilitation program established by a railroad carrier or 
        approved by the Administrator.
            ``(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 by a Carman.--(1) After January 1, 
2002, 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.
    ``(2) After January 1, 2002, 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 paragraph may be made conditional on the 
locomotive, railroad car, or train being repaired at the first 
practical opportunity.
    ``(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' has the meaning given the term 
        `dispatching service employee' in section 21101 of this title;
            ``(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 `power director' has the meaning given such 
        term in section 21101 of this title; and
            ``(6) the term `trainman' means a railroad road or yard 
        employee who is under the supervision of a conductor.''.
    (b) Table of Sections Amendment.--The item relating to section 
20135 in the table of sections of chapter 201 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 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 
with respect to locomotive engineers.

SEC. 511. TRANSPORT MOTOR VEHICLE INSPECTIONS.

    (a) Definition.--Section 20301(a) is amended to read as follows:
    ``(a) Definitions.--In this chapter--
            ``(1) the term `vehicle' means a car, locomotive, tender, 
        or similar vehicle; and
            ``(2) the term `transport motor vehicle' means a motor 
        vehicle used to transport employees of a railroad carrier or 
        its independent contractors to or from a work site.''.
    (b) Inspection Requirement.--Section 20302 is amended by adding at 
the end the following new subsection:
    ``(f) Transport Motor Vehicles.--A railroad carrier shall not 
require or allow a transport motor vehicle to be used to transport 
employees to or from a work site, whether that transport motor vehicle 
is owned or operated by the railroad carrier or by an independent 
contractor to the railroad carrier, unless the transport motor vehicle 
has been tested and inspected, in accordance with regulations 
promulgated by the Secretary, to ensure that it has been properly 
maintained and can safely transport railroad employees.''.

SEC. 512. CRANE SAFETY.

    The Secretary of Transportation shall initiate a rulemaking, based 
on the recommendations of the Railroad Safety Advisory Committee, to 
ensure the safety of operators of railroad cranes and other hoisting 
equipment, and of railroad employees working in the vicinity of cranes 
and other hoisting equipment. If the Railroad Safety Advisory Committee 
has not made consensus recommendations within 12 months after the date 
of the enactment of this Act, the Secretary shall discharge the 
Committee of its responsibilities under this section and shall, within 
24 months after the date of the enactment of this Act, issue a final 
rule.

SEC. 513. CONRAIL SAFETY EXEMPTION.

    Section 711 of the Regional Rail Reorganization Act of 1973 (45 
U.S.C. 797j) is repealed.

SEC. 514. SENIORITY RIGHTS.

    (a) Amendment.--Part E of subtitle V is amended by adding at the 
end the following new chapter:

                    ``CHAPTER 285--SENIORITY RIGHTS

``Sec.
``28501. Seniority rights.
``Sec. 28501. Seniority rights
    ``Reemployment rights, seniority rights, and the right to return to 
employment after a leave of absence from a railroad carrier, negotiated 
by a labor organization pursuant to the Railway Labor Act, shall not be 
considered for purposes of section 208(b) of title 18 to be a financial 
interest so substantial as to be deemed likely to affect the integrity 
of the services which the Government may expect from an officer or 
employee who has such rights. Such an officer or employee shall be 
considered to have received in advance a written determination to that 
effect.''.
    (b) Table of Chapters Amendment.--The table of chapters of part E 
of subtitle V is amended by adding at the end the following new item:

``285. SENIORITY RIGHTS....................................    28501''.

SEC. 515. AUTHORIZATION OF APPROPRIATIONS.

    Section 20117(a)(1) is amended by striking subparagraphs (A) 
through (F) and inserting the following new subparagraphs:
            ``(A) $82,086,000 for fiscal year 1999.
            ``(B) Such sums as may be necessary for fiscal years 2000 
        through 2002.''.
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