[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4761 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4761

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2002

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Railroad Safety 
Reform Act of 2002''.
    (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--EMPLOYEE FATIGUE

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.
Sec. 110. Split shifts.
Sec. 111. Rotating shifts.
Sec. 112. Recommendations on hours of service changes.
            TITLE II--PROTECTION OF EMPLOYEES AND WITNESSES

Sec. 201. Expansion of employee protections.
Sec. 202. Employee reports.
Sec. 203. Audits of reporting.
Sec. 204. Interfering with or hampering safety investigations.
                    TITLE III--GRADE CROSSING SAFETY

Sec. 301. Toll-free number to report grade crossing problems.
Sec. 302. Grade crossing signal violations.
              TITLE IV--PASSENGER SERVICE SAFETY STANDARDS

Sec. 401. Emergency windows.
Sec. 402. Passenger railroad signal systems.
Sec. 403. Passenger locomotive fuel tanks.
Sec. 404. Positive train control.
               TITLE V--SAFETY RULEMAKING AND ENFORCEMENT

Sec. 501. Purpose.
Sec. 502. Railroad safety conference.
Sec. 503. Rulemaking process.
Sec. 504. Crane safety.
Sec. 505. Railroad car visibility.
Sec. 506. High-speed rail noise regulation.
Sec. 507. Track safety.
Sec. 508. Enhanced inspection and investigation authority under the 
                            Federal railroad safety laws.
Sec. 509. Expansion of emergency order authority.
Sec. 510. Safety inspectors.
                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Safety considerations in grants or loans to commuter 
                            railroads.
Sec. 602. Technical amendments regarding adjustment of civil penalties 
                            for inflation.
Sec. 603. Certification of locomotive engineers and other safety-
                            related railroad personnel.
Sec. 604. Transport motor vehicle inspections.
Sec. 605. Conrail safety exemption.
Sec. 606. Seniority rights.

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) 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.
            (3) 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--EMPLOYEE FATIGUE

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; or
                    ``(B) directly supervises an employee who carries 
                out responsibilities described in subparagraph (A),
        but such term does not include a power director.'';
            (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, including an employee of an 
                independent contractor, who affects the movement of 
                trains through control of third rail or pantographic 
                electric power; and
                    ``(B) an individual, including an employee of an 
                independent contractor, 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 ``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 any person employed by 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 persons employed by 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 striking paragraphs (1) and (2) and inserting in 
        lieu thereof the following:
            ``(1) unless that employee, during the prior 24 hours, has 
        had at least 8 consecutive hours off duty, during which the 
        employee receives no communication from such employing railroad 
        carrier or its managers, supervisors, officers, and agents;
            ``(2) for a period in excess of 12 consecutive hours;
            ``(3) after that employee has been on duty for 10 or more 
        consecutive hours, unless that employee immediately after being 
        released from such period of duty has at least 10 consecutive 
        hours off duty;
            ``(4) unless that employee has received notice at least 8 
        hours before beginning such duty;
            ``(5) unless that employee has had at least one period of 
        at least 24 consecutive hours off duty in the past 7 days; and
            ``(6) unless, when last released from duty at that 
        employee's home terminal, the employee had as much time off 
        duty at the employee's home terminal as the employee most 
        recently had off duty at an away-from-home designated terminal 
        of the employee.
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: ``In the case of a grade crossing at which a grade 
crossing protection device is continuously operating or wholly 
nonoperational, a signal employee may be allowed to remain or go on 
duty as provided under this subsection to prevent motorists from 
entering such grade crossing, but may not be allowed to remain or go on 
duty as provided under this subsection to repair or inspect the device. 
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, 2003, 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.--(A) 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 address safety effects of fatigue on 
all employees, including employees not covered by this chapter. The 
plan shall be submitted not later than 1 year after the date of the 
enactment of this section, or not later than 45 days prior to 
commencing operations, whichever is later.
            ``(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.
            ``(C) The Secretary may require resubmission or revision of 
        a fatigue management plan at any time.
            ``(2) Contents of plan.--The fatigue management plan 
        shall--
                    ``(A) include the railroad carrier's--
                            ``(i) reasons for deciding whether to 
                        include or not include each element described 
                        in subsection (b)(2) and (3) in the fatigue 
                        management plan; and
                            ``(ii) analysis supporting each element 
                        included in the plan;
                    ``(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.--(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.
            ``(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 such parties in the 
        drafting of the plan and amendments to the plan.
            ``(C) If the railroad carrier and its directly affected 
        employees (including any labor organization representing a 
        class or craft of directly affected employees of the railroad 
        carrier) cannot reach consensus on the proposed contents of the 
        plan 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.
    ``(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 railroad carrier shall consider the 
        need to include in its fatigue management plan elements 
        addressing each of the following issues:
                    ``(A) Education and training on the physiological 
                and 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 incidence of fatigue due to 
                rotating 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) 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.
                    ``(J) Avoiding abrupt changes in rest cycles for 
                employees returning to duty after an extended absence 
                due to circumstances such as illness, injury, or 
                vacation.
            ``(3) Issues affecting nonscheduled employees.--With 
        respect only to nonscheduled employees, the railroad carrier 
        shall consider the need to include in its fatigue management 
        plan elements addressing each of the following issues:
                    ``(A) Lengthening the notice provided to an 
                employee of the time to report for duty.
                    ``(B) 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).
    ``(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) Compliance and Enforcement.--
            ``(1) Compliance requirement.--Effective upon approval or 
        prescription of a fatigue management plan and amendments 
        thereto under this section, compliance with that fatigue 
        management plan and those amendments becomes mandatory and 
        enforceable by the Secretary.
            ``(2) Effective date.--A fatigue management plan may 
        include effective dates later than the date of approval of the 
        plan, and may include different effective dates for different 
        parts of the plan.
            ``(3) Audits.--To enforce this section, the Secretary may 
        conduct inspections and periodic audits of a railroad carrier's 
        compliance with its fatigue management plan.
    ``(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) 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 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.''.

SEC. 110. SPLIT SHIFTS.

    Section 21103, as amended by section 102 of this Act, is further 
amended by adding at the end the following new subsection:
    ``(e) Split Shifts.--(1) A railroad carrier and its managers, 
supervisors, officers, and agents may require a train employee to work 
a split shift only if the split shift begins between 12:01 a.m. and 
11:59 a.m. and ends before 2:00 a.m. on the day following the day on 
which the shift begins.
    ``(2) For purposes of this subsection, the term `split shift' means 
a tour of duty in which an employee, having just completed a rest 
period of at least 8 hours, reports for duty, works an initial work 
period, has an interim period for rest of at least 4 hours but less 
than 8 hours at the employee's designated terminal, and then works one 
or more additional work periods before being released for a rest period 
of at least 8 hours.
    ``(3) For railroad carriers providing commuter rail passenger 
transportation, as defined in section 24102 of this title, and with 
respect to train employees engaged in such transportation, this 
subsection shall take effect 90 days after the date of the enactment of 
the Railroad Safety Reform Act of 2002. For railroad carriers other 
than those providing such commuter rail passenger transportation, and 
for train employees engaged in other forms of railroad transportation, 
this subsection shall take effect 2 years after the date of the 
enactment of the Railroad Safety Reform Act of 2002.''.

SEC. 111. ROTATING SHIFTS.

    (a) Amendment.--Chapter 211 is amended by adding at the end the 
following new section:
``Sec. 21112. Rotating shifts
    ``(a) General Rule.--Except as provided in sections 21103(c), 
21104(c), and 21105(e), a railroad carrier and its managers, 
supervisors, officers, and agents may not require or allow an employee 
to report for duty to begin an 8-hour shift which begins at a time that 
is more than 4 hours earlier or more than 6 hours later than the time 
of day when that employee, within the previous 72 hours, began a prior 
8-hour shift.
    ``(b) Determining Time On Duty.--For purposes of this section, the 
rules for determining time on duty stated in sections 21103(b), 
21104(b), and 21105(d), as appropriate, shall apply.
    ``(c) Study.--Not later than 2 years after the date of the 
enactment of the Railroad Safety Reform Act of 2002, the Secretary of 
Transportation shall transmit to the Congress the results of a study 
of--
            ``(1) the effect of rotating shifts on employee fatigue; 
        and
            ``(2) alternative methods of preventing fatigue due to 
        rotating shifts.
Such report may include proposals for revisions to this chapter.
    ``(d) Definition.--For purposes of this section, the term `8-hour 
shift' means a period during which an employee is on duty for 8 
consecutive hours or longer.''.
    (b) Conforming Amendment.--The table of sections for chapter 211 is 
amended by adding at the end the following new item:

``21112. Rotating shifts.''.

SEC. 112. RECOMMENDATIONS ON HOURS OF SERVICE CHANGES.

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

            TITLE II--PROTECTION OF EMPLOYEES AND WITNESSES

SEC. 201. 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;
            ``(5) furnishing information to the Secretary of 
        Transportation, the National Transportation Safety Board, or 
        any other public official as to the facts relating to any 
        accident or incident resulting in injury or death to an 
        individual or damage to property occurring in connection with 
        railroad transportation; or
            ``(6) accurately reporting hours of duty or dual employment 
        status pursuant to chapter 211.''.
    (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.''.
            (3) Conforming amendments.--(A) The heading of chapter 213 
        is amended by inserting ``and remedies'' after ``penalties''.
            (B) The item relating to chapter 213 in the table of 
        chapters of subtitle V is amended by inserting ``AND REMEDIES'' 
        after ``PENALTIES''.

SEC. 202. 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. 203. AUDITS OF REPORTING.

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

SEC. 301. TOLL-FREE NUMBER TO REPORT GRADE CROSSING PROBLEMS.

    Section 20152 is amended to read as follows:
``Sec. 20152. Emergency notification of grade crossing problems
    ``By January 1, 2004, each railroad carrier shall--
            ``(1) establish and maintain a toll-free telephone service, 
        for rights-of-way over which it dispatches trains, to directly 
        receive calls reporting--
                    ``(A) malfunctions of signals, crossing gates, and 
                other devices to promote safety at the grade crossing 
                of railroad tracks on those rights-of-way and public or 
                private roads; and
                    ``(B) disabled vehicles blocking railroad tracks at 
                such grade crossings;
            ``(2) upon receiving a report of a malfunction or disabled 
        vehicle pursuant to paragraph (1), immediately contact trains 
        operating near the grade crossing to warn them of the 
        malfunction or disabled vehicle;
            ``(3) upon receiving a report of a malfunction or disabled 
        vehicle pursuant to paragraph (1), and after contacting trains 
        pursuant to paragraph (2), contact appropriate public safety 
        officials having jurisdiction over the grade crossing to 
        provide them with the information necessary for them to direct 
        traffic, assist in the removal of the disabled vehicle, or 
        carry out other activities appropriate to responding to the 
        hazardous circumstance; and
            ``(4) ensure the placement at each grade crossing on 
        rights-of-way that it owns of appropriately located signs, on 
        which shall appear--
                    ``(A) a toll-free telephone number to be used for 
                placing calls described in paragraph (1) to the 
                railroad carrier dispatching trains on that right-of-
                way;
                    ``(B) an explanation of the purpose of that toll-
                free number as described in paragraph (1);
                    ``(C) the grade crossing number assigned for that 
                crossing by the National Highway-Rail Crossing 
                Inventory established by the Department of 
                Transportation and the Association of American 
                Railroads; and
                    ``(D) a statement that reporting a disabled vehicle 
                blocking the railroad tracks should be done 
                immediately, before any attempt is made to remove the 
                vehicle from the tracks.
The Secretary of Transportation shall implement this section through 
appropriate regulations.''.

SEC. 302. GRADE CROSSING SIGNAL VIOLATIONS.

    (a) Amendments.--Section 20151 is amended--
            (1) by amending the section heading to read as follows:
``Sec. 20151. Railroad trespassing, vandalism, and signal violation 
              prevention strategy'';
            (2) in subsection (a)--
                    (A) by striking ``and vandalism affecting railroad 
                safety'' and inserting in lieu thereof ``, vandalism 
                affecting railroad safety, and violations of grade 
                crossing signals'';
                    (B) by inserting ``, concerning trespassing and 
                vandalism,'' after ``such evaluation and review''; and
                    (C) by inserting ``The second such evaluation and 
                review, concerning violations of grade crossing 
                signals, shall be completed before November 2, 2003.'' 
                after ``November 2, 1994.'';
            (3) in the subsection heading of subsection (b), by 
        inserting ``for Trespassing and Vandalism Prevention'' after 
        ``Outreach Program'';
            (4) in subsection (c)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by inserting ``(1)'' after ``Model 
                Legislation.--''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) Within 18 months after the date of the enactment of the 
Railroad Safety Reform Act of 2002, the Secretary, after consultation 
with State and local governments and railroad carriers, shall develop 
and make available to State and local governments model State 
legislation providing for civil or criminal penalties, or both, for 
violations of grade crossing signals.''; and
            (5) by adding at the end the following new subsection:
    ``(d) Definition.--For purposes of this section, the term 
`violation of grade crossing signals' includes any action by a 
motorist, unless directed by an authorized safety officer--
            ``(1) to drive around a grade crossing gate in a position 
        intended to block passage over railroad tracks;
            ``(2) to drive through a flashing grade crossing signal;
            ``(3) to drive through a grade crossing with passive 
        warning signs without ensuring that the grade crossing could be 
        safely crossed before any train arrived; and
            ``(4) in the vicinity of a grade crossing, that creates a 
        hazard of an accident involving injury or property damage at 
        the grade crossing.''.
    (b) Conforming Amendment.--The item relating to section 20151 in 
the table of sections for subchapter II of chapter 201 is amended to 
read as follows:

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

              TITLE IV--PASSENGER SERVICE SAFETY STANDARDS

SEC. 401. EMERGENCY WINDOWS.

    Section 20133 is amended by adding at the end the following new 
subsection:
    ``(e) Emergency Windows.--(1) After January 1, 2004, all railroad 
cars, including self-propelled cars, used for providing transportation 
for members of the general public shall have emergency windows 
installed in at least one half of their window locations.
    ``(2) For purposes of this subsection, 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, 2004.
    (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 2002, 
and delivered to a railroad carrier on or after January 1, 2004, 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. 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, 2003--
                    ``(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, 2003, 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, 2004, 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, 2005.
    ``(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--SAFETY RULEMAKING AND ENFORCEMENT

SEC. 501. PURPOSE.

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

SEC. 502. RAILROAD SAFETY CONFERENCE.

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

SEC. 503. 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. 504. 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. 505. RAILROAD CAR VISIBILITY.

    Section 20148(b) is amended by striking ``initiate a rulemaking 
proceeding to'' and inserting ``, not later than 1 year after the date 
of the enactment of the Railroad Safety Reform Act of 2002,''.

SEC. 506. 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. 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 2002, 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, unless the 
Secretary can demonstrate that operations at higher speeds provide 
equally accurate inspection information.
    ``(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, 2004.''.

SEC. 508. 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.''.

SEC. 509. 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. 510. 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 2005, 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).

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. 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. 602. 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. 603. 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;
            ``(6) signalmen;
            ``(7) track inspectors; and
            ``(8) 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, 2004, no person shall carry out the responsibilities 
of the carman, conductor, dispatcher, locomotive engineer, power 
director, signalman, track inspector, or trainman unless that person 
has been certificated for that position by the Administrator.
    ``(b) General Qualifications.--The program established under 
subsection (a)--
            ``(1) shall provide qualification standards and minimum 
        training requirements for each type of position described in 
        subsection (a); and
            ``(2) shall require comprehensive knowledge of applicable 
        railroad carrier operating practices and rules.
    ``(c) Locomotive Engineers.--
            ``(1) Qualifications.--The program established under 
        subsection (a), in the case of certification of a locomotive 
        engineer--
                    ``(A) except as provided in paragraph (2)(A), shall 
                require consideration, to the extent the information is 
                available, of the motor vehicle driving record of each 
                individual seeking certification, including--
                            ``(i) any denial, cancellation, revocation, 
                        or suspension of a motor vehicle operator's 
                        license by a State for cause within the prior 5 
                        years; and
                            ``(ii) any conviction within the prior 5 
                        years of an offense described in section 
                        30304(a)(3)(A) or (B) of this title;
                    ``(B) may require, based on the individual's 
                driving record, disqualification or the granting of a 
                certificate conditioned on requirements the 
                Administrator prescribes; and
                    ``(C) shall require an individual seeking 
                certification--
                            ``(i) to request the chief driver licensing 
                        official of each State in which the individual 
                        has held a motor vehicle operator's license 
                        within the prior 5 years to provide information 
                        about the individual's driving record to the 
                        individual's employer, prospective employer, or 
                        the Administrator, as the Administrator 
                        requires; and
                            ``(ii) to make the request provided for in 
                        section 30305(b)(4) of this title for 
                        information to be sent to the individual's 
                        employer, prospective employer, or the 
                        Administrator, as the Administrator requires.
            ``(2) Waivers.--(A) The Administrator shall prescribe 
        standards and establish procedures for waiving paragraph (1)(A) 
        for an individual or class of individuals who the Administrator 
        decides are not currently unfit to operate a locomotive. 
        However, the Administrator may waive paragraph (1)(A) for an 
        individual or class of individuals with a conviction, 
        cancellation, revocation, or suspension described in 
        subparagraph (B)(i) or (ii) only if the individual or class, 
        after the conviction, cancellation, revocation, or suspension, 
        successfully completes a rehabilitation program established by 
        a railroad carrier or approved by the Administrator.
            ``(B) 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.--
            ``(1) By a carman.--(A) After January 1, 2004, no 
        locomotive, railroad car, or train shall depart its initial 
        terminal until it has been inspected and its safety has been 
        certified in writing by a carman certificated under this 
        section.
            ``(B) After January 1, 2004, 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.
            ``(2) By a signalman.--(A) After January 1, 2004, no signal 
        system shall be used to signal that a train may proceed or to 
        control the movement of automobiles at grade crossings unless 
        its safety has been certified in writing by a signalman 
        certificated under this section in accordance with regulations 
        issued by the Secretary of Transportation requiring such 
        certification--
                    ``(i) when a signal system is first placed in 
                service;
                    ``(ii) after it has been modified or disarranged; 
                and
                    ``(iii) at least once a year.
        The Secretary may by regulation require that certain kinds of 
        signal systems be inspected and certified more frequently than 
        is required by clauses (i) through (iii).
            ``(B) After January 1, 2004, no signal system shall be used 
        to signal that a train may proceed or to control the movement 
        of automobiles at grade crossings after that signal system has 
        been repaired or reported to have a defect potentially 
        affecting safety until it has been inspected by a signalman 
        certificated under this section and its safety has been 
        subsequently certified in writing by that signalman.
            ``(3) By a track inspector.--(A) After January 1, 2004, no 
        track shall be used to operate locomotives, railroad cars, or 
        trains unless the safety of that track has been certified in 
        writing by a track inspector certificated under this section 
        each time the track is inspected as required by regulations 
        issued by the Secretary under this chapter. In no event shall 
        such inspections be required less often than once a month.
            ``(B) After January 1, 2004, no track shall be used after 
        it has been repaired or reported to have a defect potentially 
        affecting safety until it has been inspected by a track 
        inspector certificated under this section and its safety for 
        its anticipated use has been subsequently certified in writing 
        by that track inspector.
    ``(h) Authority To Refuse To Operate Trains or Locomotives.--A 
locomotive engineer may refuse to operate a train or locomotive if that 
locomotive engineer is not satisfied that the train or locomotive can 
be operated safely.
    ``(i) Definitions.--For purposes of this section--
            ``(1) the term `carman' means a railroad employee who 
        inspects, tests, maintains, and repairs brakes, other 
        mechanical systems and components, and safety appliances on 
        railroad cars or locomotives;
            ``(2) the term `conductor' means a railroad road or yard 
        employee who is in charge of a train's passengers or freight;
            ``(3) the term `dispatcher' 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;
            ``(6) the term `signalman' has the meaning given the term 
        `signal employee' in section 21101 of this title;
            ``(7) the term `track inspector' means a railroad employee 
        whose sole responsibility is to inspect track, report on its 
        condition, and authorize its use by locomotives, railroad cars, 
        and trains; and
            ``(8) 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. 604. 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 at appropriate intervals, in accordance 
with regulations promulgated by the Secretary, to ensure that it has 
been properly maintained and can safely transport railroad 
employees.''.

SEC. 605. CONRAIL SAFETY EXEMPTION.

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

SEC. 606. 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''.
                                 <all>