[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2095 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2095

To amend title 49, United States Code, to prevent railroad fatalities, 
 injuries, and hazardous materials releases, to authorize the Federal 
        Railroad Safety Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2007

Mr. Oberstar (for himself and Ms. Corrine Brown of Florida) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to prevent railroad fatalities, 
 injuries, and hazardous materials releases, to authorize the Federal 
        Railroad Safety Administration, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Railroad 
Safety Improvement Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
            TITLE I--FEDERAL RAILROAD SAFETY ADMINISTRATION

Sec. 101. Establishment of Federal Railroad Safety Administration.
Sec. 102. Railroad safety strategy.
Sec. 103. Reports.
Sec. 104. Rulemaking process.
Sec. 105. Authorization of appropriations.
                       TITLE II--EMPLOYEE FATIGUE

Sec. 201. Hours of service reform.
Sec. 202. Employee sleeping quarters.
Sec. 203. Fatigue management plans.
Sec. 204. Regulatory authority.
Sec. 205. Conforming amendment.
            TITLE III--PROTECTION OF EMPLOYEES AND WITNESSES

Sec. 301. Employee protections.
                       TITLE IV--GRADE CROSSINGS

Sec. 401. Toll-free number to report grade crossing problems.
Sec. 402. Roadway user sight distance at highway-rail grade crossings.
Sec. 403. Grade crossing signal violations.
Sec. 404. National crossing inventory.
Sec. 405. Accident and incident reporting.
Sec. 406. Authority to buy promotional items to improve railroad 
                            crossing safety and prevent railroad 
                            trespass.
                          TITLE V--ENFORCEMENT

Sec. 501. Enforcement.
Sec. 502. Civil penalties.
Sec. 503. Criminal penalties.
Sec. 504. Expansion of emergency order authority.
Sec. 505. Enforcement transparency.
Sec. 506. Interfering with or hampering safety investigations.
Sec. 507. Railroad radio monitoring authority.
Sec. 508. Inspector staffing.
                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Positive train control systems.
Sec. 602. Warning in nonsignaled territory.
Sec. 603. Track safety.
Sec. 604. Certification of conductors.
Sec. 605. Minimum training standards.
Sec. 606. Prompt medical attention.
Sec. 607. Emergency escape breathing apparatus.
Sec. 608. Locomotive cab environment.
          TITLE VII--RAIL PASSENGER DISASTER FAMILY ASSISTANCE

Sec. 701. Short title.
Sec. 702. Assistance by National Transportation Safety Board to 
                            families of passengers involved in rail 
                            passenger accidents.
Sec. 703. Rail passenger carrier plans to address needs of families of 
                            passengers involved in rail passenger 
                            accidents.
Sec. 704. Establishment of task force.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the terms ``railroad'' and ``railroad 
carrier'' have the meaning given those terms in section 20102 of title 
49, United States Code.

            TITLE I--FEDERAL RAILROAD SAFETY ADMINISTRATION

SEC. 101. ESTABLISHMENT OF FEDERAL RAILROAD SAFETY ADMINISTRATION.

    (a) Amendment.--Section 103 of title 49, United States Code, is 
amended to read as follows:
``Sec. 103. Federal Railroad Safety Administration
    ``(a) In General.--The Federal Railroad Safety Administration (in 
this section referred to as the `Administration') shall be an 
administration in the Department of Transportation. To carry out all 
railroad safety laws of the United States, the Administration shall be 
divided on a geographical basis into at least 8 safety offices. The 
Secretary of Transportation shall be responsible for enforcing those 
laws and for ensuring that those laws are uniformly administered and 
enforced among the safety offices.
    ``(b) Safety as Highest Priority.--In carrying out its duties, the 
Administration shall consider the assignment and maintenance of safety 
as the highest priority, recognizing the clear intent, encouragement, 
and dedication of Congress to the furtherance of the highest degree of 
safety in railroad transportation.
    ``(c) Administrator.--The head of the Administration shall be the 
Administrator who shall be appointed by the President, by and with the 
advice and consent of the Senate, and shall be an individual with 
professional experience in railroad safety, hazardous materials safety, 
or other transportation safety. The Administrator shall report directly 
to the Secretary of Transportation.
    ``(d) Deputy Administrator.--The Administration shall have a Deputy 
Administrator who shall be appointed by the Secretary. The Deputy 
Administrator shall carry out duties and powers prescribed by the 
Administrator.
    ``(e) Chief Safety Officer.--The Administration shall have an 
Associate Administrator for Railroad Safety appointed in the 
competitive service by the Secretary. The Associate Administrator shall 
be the Chief Safety Officer of the Administration. The Associate 
Administrator shall carry out the duties and powers prescribed by the 
Administrator.
    ``(f) Duties and Powers of the Administrator.--The Administrator 
shall carry out--
            ``(1) duties and powers related to railroad safety vested 
        in the Secretary by section 20134(c) and chapters 203 through 
        211 of this title, and by chapter 213 of this title for 
        carrying out chapters 203 through 211; and
            ``(2) other duties and powers prescribed by the Secretary.
    ``(g) Limitation.--A duty or power specified in subsection (f)(1) 
may be transferred to another part of the Department of Transportation 
or another Federal Government entity only when specifically provided by 
law. A decision of the Administrator in carrying out the duties or 
powers of the Administration and involving notice and hearing required 
by law is administratively final.
    ``(h) Authorities.--Subject to the provisions of subtitle I of 
title 40 and title III of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251 et seq.), the Secretary of 
Transportation may make, enter into, and perform such contracts, 
grants, leases, cooperative agreements, and other similar transactions 
with Federal or other public agencies (including State and local 
governments) and private organizations and persons, and make such 
payments, by way of advance or reimbursement, as the Secretary may 
determine to be necessary or appropriate to carry out functions at the 
Administration. The authority of the Secretary granted by this 
subsection shall be carried out by the Administrator. Notwithstanding 
any other provision of this chapter, no authority to enter into 
contracts or to make payments under this subsection shall be effective, 
except as provided for in appropriations Acts.''.
    (b) References and Conforming Amendments.--(1) All references in 
Federal law to the Federal Railroad Administration shall be deemed to 
be references to the Federal Railroad Safety Administration.
    (2) The item relating to section 103 in the table of sections of 
chapter 1 of title 49, United States Code, is amended to read as 
follows:

``103. Federal Railroad Safety Administration.''.

SEC. 102. RAILROAD SAFETY STRATEGY.

    (a) Safety Goals.--In conjunction with existing federally required 
strategic planning efforts, the Secretary of Transportation shall 
develop a long-term strategy for improving railroad safety. The 
strategy shall include an annual plan and schedule for achieving, at a 
minimum, the following goals:
            (1) Reducing the number and rates of accidents, injuries, 
        and fatalities involving railroads.
            (2) Improving the consistency and effectiveness of 
        enforcement and compliance programs.
            (3) Identifying and targeting enforcement at, and safety 
        improvements to, high-risk highway-rail grade crossings.
            (4) Improving research efforts to enhance and promote 
        railroad safety and performance.
    (b) Resource Needs.--The strategy and annual plans shall include 
estimates of the funds and staff resources needed to accomplish each 
activity. Such estimates shall also include the staff skills and 
training needed for timely and effective accomplishment of each goal.
    (c) Submission With the President's Budget.--The Secretary of 
Transportation shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate the strategy and 
annual plan at the same time as the President's budget submission.
    (d) Achievement of Goals.--
            (1) Progress assessment.--No less frequently than 
        semiannually, the Secretary of Transportation and the 
        Administrator of the Federal Railroad Safety Administration 
        shall assess the progress of the Administration toward 
        achieving the strategic goals described in subsection (a). The 
        Secretary and the Administrator shall convey their assessment 
        to the employees of the Federal Railroad Safety Administration 
        and shall identify any deficiencies that should be remediated 
        before the next progress assessment.
            (2) Report to congress.--The Secretary shall transmit a 
        report annually to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate on the performance of the Federal Railroad Safety 
        Administration relative to the goals of the railroad safety 
        strategy and annual plans under subsection (a).

SEC. 103. REPORTS.

    (a) Reports by the Inspector General.--Not later than 30 days after 
the date of enactment of this Act, the Inspector General of the 
Department of Transportation shall submit to the Secretary of 
Transportation and the Administrator of the Federal Railroad Safety 
Administration a report containing the following:
            (1) A list of each statutory mandate regarding railroad 
        safety that has not been implemented.
            (2) A list of each open safety recommendation made by the 
        National Transportation Safety Board or the Inspector General 
        regarding railroad safety.
    (b) Reports by the Secretary.--
            (1) Statutory mandates.--Not later than 90 days after the 
        date of enactment of this Act, and every 180 days thereafter 
        until each of the mandates referred to in subsection (a)(1) has 
        been implemented, the Secretary of Transportation shall 
        transmit to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report on the 
        specific actions taken to implement such mandates.
            (2) NTSB and inspector general recommendations.--Not later 
        than January 1st of each year, the Secretary of Transportation 
        shall transmit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report containing each recommendation referred to in 
        subsection (a)(2), a copy of the Department of Transportation 
        response to each such recommendation, and a progress report on 
        implementing each such recommendation.

SEC. 104. RULEMAKING PROCESS.

    (a) Amendment.--Subchapter I of chapter 201 of title 49, United 
States Code, is amended by inserting after section 20115 the following 
new section:
``Sec. 20116. Rulemaking process
    ``No rule or order issued by the Secretary under this part shall be 
effective if it incorporates by reference a code, rule, standard, 
requirement, or practice issued by an association or other entity that 
is not an agency of the Federal Government, unless that reference is to 
a particular code, rule, standard, requirement, or practice adopted 
before the date on which the rule is issued by the Secretary, and 
unless the date on which the code, rule, standard, requirement, or 
practice was adopted is specifically cited in the rule.''.
    (b) Table of Sections Amendment.--The table of sections of 
subchapter I of chapter 201 of title 49, United States Code, is amended 
by adding after the item relating to section 20115 the following new 
item:

``20116. Rulemaking process.''.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    Section 20117(a) of title 49, United States Code, is amended to 
read as follows:
    ``(a) In General.--(1) There are authorized to be appropriated to 
the Secretary of Transportation to carry out this part and to carry out 
responsibilities under chapter 51 as delegated or authorized by the 
Secretary--
            ``(A) $230,000,000 for fiscal year 2008;
            ``(B) $260,000,000 for fiscal year 2009;
            ``(C) $295,000,000 for fiscal year 2010; and
            ``(D) $335,000,000 for fiscal year 2011.
    ``(2) With amounts appropriated pursuant to paragraph (1), the 
Secretary shall purchase 6 Gage Restraint Measurement System vehicles 
and 5 track geometry vehicles to enable the deployment of 1 Gage 
Restraint Measurement System vehicle and 1 track geometry vehicle in 
each region.
    ``(3) There are authorized to be appropriated to the Secretary 
$18,000,000 for the period encompassing fiscal years 2008 through 2011 
to design, develop, and construct the Facility for Underground Rail 
Station and Tunnel at the Transportation Technology Center in Pueblo, 
Colorado. The facility shall be used to test and evaluate the 
vulnerabilities of above-ground and underground rail tunnels to prevent 
accidents and incidents in such tunnels, to mitigate and remediate the 
consequences of any such accidents or incidents, and to provide a 
realistic scenario for training emergency responders.''.

                       TITLE II--EMPLOYEE FATIGUE

SEC. 201. HOURS OF SERVICE REFORM.

    (a) Definitions.--Section 21101(4) of title 49, United States Code, 
is amended by striking ``employed by a railroad carrier''.
    (b) Limitation on Duty Hours of Signal Employees.--Section 21104 of 
title 49, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) General.--Except as provided in subsection (c) of this 
section, a railroad carrier and its officers and agents may not require 
or allow a signal employee to remain or go on duty--
            ``(1) unless that employee has had at least 10 consecutive 
        hours off duty during the prior 24 hours;
            ``(2) for a period in excess of 12 consecutive hours; or
            ``(3) unless that employee has had at least one period of 
        at least 24 consecutive hours off duty in the past 7 
        consecutive days.'';
            (2) in subsection (b)(3) by striking ``, except that up to 
        one hour of that time spent returning from the final trouble 
        call of a period of continuous or broken service is time off 
        duty'';
            (3) in subsection (c)--
                    (A) by inserting ``for not more than 3 days during 
                a period of 7 consecutive days'' after ``24 consecutive 
                hours''; and
                    (B) by adding at the end the following: ``A signal 
                employee may not be allowed to remain or go on duty 
                under the emergency authority provided under this 
                subsection to conduct routine repairs, maintenance, or 
                inspection of signal systems.'';
            (4) by adding at the end the following new subsection:
    ``(d) Communication During Time Off Duty.--During a signal 
employee's minimum off-duty period of 10 consecutive hours, as provided 
under subsection (a), a railroad carrier, and its managers, 
supervisors, officers, and agents, shall not communicate with the 
signal employee by telephone, by pager, or in any other manner that 
could disrupt the employee's rest. Nothing in this subsection shall 
prohibit communication necessary to notify an employee of an emergency 
situation posing potential risks to the employee's safety or health.''.
    (c) Limitation on Duty Hours of Train Employees.--Section 21103 of 
title 49, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) General.--Except as provided in subsection (c) of this 
section, a railroad carrier and its officers and agents may not require 
or allow a train employee to remain or go on duty--
            ``(1) unless that employee has had at least 10 consecutive 
        hours off duty during the prior 24 hours;
            ``(2) for a period in excess of 12 consecutive hours; or
            ``(3) unless that employee has had at least one period of 
        at least 24 consecutive hours off duty in the past 7 
        consecutive days.'';
            (2) by amending subsection (b)(4) to read as follows:
            ``(4) Time spent in deadhead transportation to a duty 
        assignment, time spent waiting for deadhead transportation, and 
        time spent in deadhead transportation from a duty assignment to 
        the place of final release is time on duty.''; and
            (3) by adding at the end the following new subsection:
    ``(d) Communication During Time Off Duty.--During a train 
employee's minimum off-duty period of 10 consecutive hours, as provided 
under subsection (a), or during an interim period of at least 4 
consecutive hours available for rest under subsection (b)(7), a 
railroad carrier, and its managers, supervisors, officers, and agents, 
shall not communicate with the train employee by telephone, by pager, 
or in any other manner that could disrupt the employee's rest. Nothing 
in this subsection shall prohibit communication necessary to notify an 
employee of an emergency situation posing potential risks to the 
employee's safety or health.''.

SEC. 202. EMPLOYEE SLEEPING QUARTERS.

    Section 21106(2) of title 49, United States Code, is amended to 
read as follows:
            ``(2) may not provide sleeping quarters referred to in 
        paragraph (1) in an area or in the immediate vicinity of an 
        area in which railroad switching or humping operations are 
        performed.''.

SEC. 203. FATIGUE MANAGEMENT PLANS.

    (a) Amendment.--Chapter 211 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 21109. Fatigue management plans
    ``(a) Plan Submission.--
            ``(1) Requirement.--Each railroad carrier shall submit to 
        the Secretary of Transportation, and update at least once every 
        2 years, a fatigue management plan that is designed to reduce 
        the fatigue experienced by railroad employees and to reduce the 
        likelihood of accidents and injuries caused by fatigue. The 
        plan shall address the safety effects of fatigue on all 
        employees, including employees not covered by this chapter. The 
        plan shall be submitted not later than 1 year after the date of 
        the enactment of this section, or not later than 45 days prior 
        to commencing operations, whichever is later.
            ``(2) Contents of plan.--The fatigue management plan 
        shall--
                    ``(A) identify and prioritize all situations that 
                pose a risk for safety that may be affected by fatigue;
                    ``(B) include the railroad carrier's--
                            ``(i) rationale for including and not 
                        including each element described in subsection 
                        (b)(2) in the plan;
                            ``(ii) analysis supporting each element 
                        included in the plan; and
                            ``(iii) explanations for how each element 
                        in the plan will reduce the risk associated 
                        with fatigue;
                    ``(C) describe how every condition on the railroad 
                carrier's property, and every type of employee, that is 
                likely to be affected by fatigue is addressed in the 
                plan; and
                    ``(D) include the name, title, address, and 
                telephone number of the primary person to be contacted 
                with regard to review of the plan.
            ``(3) Approval.--(A) The Secretary shall review each 
        proposed plan and approve or disapprove such plan based on 
        whether the requirements of this section are sufficiently and 
        appropriately addressed and the proposals are adequately 
        justified in the plan.
            ``(B) If the proposed plan is not approved, the Secretary 
        shall notify the affected railroad carrier as to the specific 
        points in which the proposed plan is deficient, and the 
        railroad carrier shall correct all deficiencies within 30 days 
        following receipt of written notice from the Secretary. If a 
        railroad carrier does not submit a plan (or, when directed by 
        the Secretary, an amended plan), or if a railroad carrier's 
        amended plan is not approved by the Secretary, the Secretary 
        shall prescribe a fatigue management plan for the railroad 
        carrier.
            ``(4) Employee participation.--(A) Each affected railroad 
        carrier shall consult with, and employ good faith and use its 
        best efforts to reach agreement by consensus with, all of its 
        directly affected employee groups on the contents of the 
        fatigue management plan, and, except as provided in 
        subparagraph (C), shall jointly with such groups submit the 
        plan to the Secretary.
            ``(B) In the event that labor organizations represent 
        classes or crafts of directly affected employees of the 
        railroad carrier, the railroad carrier shall consult with these 
        organizations in drafting the plan. The Secretary may provide 
        technical assistance and guidance to such parties in the 
        drafting of the plan.
            ``(C) If the railroad carrier and its directly affected 
        employees (including any labor organization representing a 
        class or craft of directly affected employees of the railroad 
        carrier) cannot reach consensus on the proposed contents of the 
        plan, then--
                    ``(i) the railroad carrier shall file the plan with 
                the Secretary; and
                    ``(ii) directly affected employees and labor 
                organizations representing a class or craft of directly 
                affected employees may, at their option, file a 
                statement with the Secretary explaining their views on 
                the plan on which consensus was not reached.
    ``(b) Elements of the Fatigue Management Plan.--
            ``(1) Consideration of varying circumstances.--Each plan 
        filed with the Secretary under the procedures of subsection (a) 
        shall take into account the varying circumstances of operations 
        by the railroad carrier on different parts of its system, and 
        shall prescribe appropriate fatigue countermeasures to address 
        those varying circumstances.
            ``(2) Issues affecting all employees.--The railroad carrier 
        shall consider the need to include in its fatigue management 
        plan elements addressing each of the following issues:
                    ``(A) Education and training on the physiological 
                and human factors that affect fatigue, as well as 
                strategies to counter fatigue, based on current and 
                evolving scientific and medical research and 
                literature.
                    ``(B) Opportunities for identification, diagnosis, 
                and treatment of any medical condition that may affect 
                alertness or fatigue, including sleep disorders.
                    ``(C) Effects on employee fatigue of emergency 
                response involving both short-term emergency 
                situations, including derailments, and long-term 
                emergency situations, including natural disasters.
                    ``(D) Scheduling practices involving train lineups 
                and calling times, including work/rest cycles for shift 
                workers and on-call employees that permit employees to 
                compensate for cumulative sleep loss by guaranteeing a 
                minimum number of consecutive days off (exclusive of 
                time off due to illness or injury).
                    ``(E) Minimizing the incidence of fatigue that 
                occurs as a result of working at times when the natural 
                circadian rhythm increases fatigue.
                    ``(F) Alertness strategies, such as policies on 
                napping, to address acute sleepiness and fatigue while 
                an employee is on duty.
                    ``(G) Opportunities to obtain restful sleep at 
                lodging facilities, including sleeping quarters 
                provided by the railroad carrier.
                    ``(H) In connection with the scheduling of a duty 
                call, increasing the number of consecutive hours of 
                rest off duty, during which an employee receives no 
                communication from the employing railroad carrier or 
                its managers, supervisors, officers, or agents.
                    ``(I) Avoiding abrupt changes in rest cycles for 
                employees returning to duty after an extended absence 
                due to circumstances such as illness or injury.
                    ``(J) Additional elements as the Secretary 
                considers appropriate.
    ``(c) Compliance and Enforcement.--
            ``(1) Compliance requirement.--Effective upon approval or 
        prescription of a fatigue management plan, compliance with that 
        fatigue management plan becomes mandatory and enforceable by 
        the Secretary.
            ``(2) Effective date.--A fatigue management plan may 
        include effective dates later than the date of approval of the 
        plan, and may include different effective dates for different 
        parts of the plan.
            ``(3) Audits.--To enforce this section, the Secretary may 
        conduct inspections and periodic audits of a railroad carrier's 
        compliance with its fatigue management plan.
    ``(d) Definition.--For purposes of this section the term `directly 
affected employees' means employees, including employees of an 
independent contractor or subcontractor, to whose hours of service the 
terms of a fatigue management plan specifically apply.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
211 of title 49, United States Code, is amended by adding at the end 
the following new item:

``21109. Fatigue management plans.''.

SEC. 204. REGULATORY AUTHORITY.

    (a) Amendment.--Chapter 211 of title 49, United States Code, as 
amended by this Act, is further amended by adding at the end the 
following new section:
``Sec. 21110. Regulatory authority
    ``The Secretary of Transportation may by regulation--
            ``(1) reduce the maximum hours an employee may be required 
        or allowed to go or remain on duty to a level less than the 
        level established under this chapter; or
            ``(2) increase the minimum hours an employee may be 
        required or allowed to rest to a level greater than the level 
        established under this chapter.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
211 of title 49, United States Code, is amended by adding at the end 
the following new item:

``21110. Regulatory authority.''.

SEC. 205. CONFORMING AMENDMENT.

    Section 21303(c) of title 49, United States Code, is amended by 
striking ``officers and agents'' and inserting ``managers, supervisors, 
officers, and agents''.

            TITLE III--PROTECTION OF EMPLOYEES AND WITNESSES

SEC. 301. EMPLOYEE PROTECTIONS.

    Section 20109 of title 49, United States Code, is amended to read 
as follows:
``Sec. 20109. Employee protections
    ``(a) Protected Actions.--A railroad carrier engaged in interstate 
or foreign commerce, and an officer or employee of such a railroad 
carrier, shall not by threat, intimidation, or otherwise attempt to 
prevent an employee from, or discharge, discipline, or in any way 
discriminate against an employee for--
            ``(1) filing a complaint or bringing or causing to be 
        brought a proceeding related to the enforcement of this part 
        or, as applicable to railroad safety, chapter 51 or 57 of this 
        title;
            ``(2) testifying in a proceeding described in paragraph 
        (1);
            ``(3) notifying, or attempting to notify, the railroad 
        carrier or the Secretary of Transportation of a work-related 
        personal injury or work-related illness of an employee;
            ``(4) cooperating with a safety investigation by the 
        Secretary of Transportation or the National Transportation 
        Safety Board;
            ``(5) furnishing information to the Secretary of 
        Transportation, the National Transportation Safety Board, or 
        any other public official as to the facts relating to any 
        accident or incident resulting in injury or death to an 
        individual or damage to property occurring in connection with 
        railroad transportation; or
            ``(6) accurately reporting hours of duty pursuant to 
        chapter 211.
    ``(b) Hazardous Conditions.--(1) A railroad carrier engaged in 
interstate or foreign commerce, and an officer or employee of such a 
railroad carrier, shall not by threat, intimidation, or otherwise 
attempt to prevent an employee from, or discharge, discipline, or in 
any way discriminate against an employee for--
            ``(A) reporting a hazardous condition;
            ``(B) refusing to work when confronted by a hazardous 
        condition related to the performance of the employee's duties, 
        if the conditions described in paragraph (2) exist; or
            ``(C) refusing to authorize the use of any safety-related 
        equipment, track, or structures, if the employee is responsible 
        for the inspection or repair of the equipment, track, or 
        structures, when the employee believes that the equipment, 
        track, or structures are in a hazardous condition, if the 
        conditions described in paragraph (2) exist.
    ``(2) A refusal is protected under paragraph (1)(B) and (C) if--
            ``(A) the refusal is made in good faith and no reasonable 
        alternative to the refusal is available to the employee;
            ``(B) the employee reasonably concludes that--
                    ``(i) the hazardous condition presents an imminent 
                danger of death or serious injury; and
                    ``(ii) the urgency of the situation does not allow 
                sufficient time to eliminate the danger without such 
                refusal; and
            ``(C) the employee, where possible, has notified the 
        carrier of the existence of the hazardous condition and the 
        intention not to perform further work, or not to authorize the 
        use of the hazardous equipment, track, or structures, unless 
        the condition is corrected immediately or the equipment, track, 
        or structures are repaired properly or replaced.
    ``(3) This subsection does not apply to security personnel employed 
by a railroad carrier to protect individuals and property transported 
by railroad.
    ``(c) Enforcement Action.--
            ``(1) In general.--An employee who alleges discharge or 
        other discrimination by any person in violation of subsection 
        (a) may seek relief in accordance with the provisions of this 
        section, with any petition or other request for relief under 
        this section to be initiated by filing a complaint with the 
        Secretary of Labor.
            ``(2) Procedure.--
                    ``(A) In general.--An action under this section 
                shall be governed under the rules and procedures set 
                forth in section 42121(b).
                    ``(B) Exception.--Notification made under section 
                42121(b)(1) shall be made to the person named in the 
                complaint and to the person's employer.
                    ``(C) Burdens of proof.--An action brought under 
                this section shall be governed by the legal burdens of 
                proof set forth in section 42121(b).
                    ``(D) Statute of limitations.--An action under this 
                section shall be commenced not later than 1 year after 
                the date on which the violation occurs.
            ``(3) De novo review.--If the Secretary of Labor has not 
        issued a final decision within 180 days after the filing of the 
        complaint (or, in the event that a final order or decision is 
        issued by the Secretary of Labor, whether within the 180-day 
        period or thereafter, then, not later than 90 days after such 
        an order or decision is issued), the employee may bring an 
        original action at law or equity for de novo review in the 
        appropriate district court of the United States, which shall 
        have jurisdiction over such an action without regard to the 
        amount in controversy, and which action shall, at the request 
        of either party to such action, be tried by the court with a 
        jury.
    ``(d) Remedies.--
            ``(1) In general.--An employee prevailing in any action 
        under this section shall be entitled to all relief necessary to 
        make the covered individual whole.
            ``(2) Damages.--Relief in an action under this section 
        shall include--
                    ``(A) reinstatement with the same seniority status 
                that the covered individual would have had, but for the 
                discrimination;
                    ``(B) the amount of any back pay, with interest; 
                and
                    ``(C) compensation for any special damages 
                sustained as a result of the discrimination, including 
                litigation costs, expert witness fees, and reasonable 
                attorney fees.
            ``(3) Possible relief.--Relief may also include punitive 
        damages in an amount not to exceed 10 times the amount of any 
        compensatory damages awarded under this section.
    ``(e) Criminal Penalties.--
            ``(1) In general.--It shall be unlawful for any railroad 
        carrier to commit an act prohibited by subsection (a). Any 
        person who willfully violates this section by terminating or 
        retaliating against any such covered individual who makes a 
        claim under this section shall be fined under title 18, United 
        States Code, imprisoned not more than 1 year, or both.
            ``(2) Reporting requirement.--
                    ``(A) In general.--The Attorney General shall 
                submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate an annual report on the enforcement of 
                paragraph (1).
                    ``(B) Contents.--Each such report shall--
                            ``(i) identify each case in which formal 
                        charges under paragraph (1) were brought;
                            ``(ii) describe the status or disposition 
                        of each such case; and
                            ``(iii) in any actions under subsection 
                        (c)(1) in which the employee was the prevailing 
                        party or the substantially prevailing party, 
                        indicate whether or not any formal charges 
                        under paragraph (1) of this subsection have 
                        been brought and, if not, the reasons therefor.
    ``(f) No Preemption.--Nothing in this section preempts or 
diminishes any other safeguards against discrimination, demotion, 
discharge, suspension, threats, harassment, reprimand, retaliation, or 
any other manner of discrimination provided by Federal or State law.
    ``(g) Rights Retained by Covered Individual.--Nothing in this 
section shall be deemed to diminish the rights, privileges, or remedies 
of any covered individual under any Federal or State law or under any 
collective bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, or condition 
of employment.''.

                       TITLE IV--GRADE CROSSINGS

SEC. 401. TOLL-FREE NUMBER TO REPORT GRADE CROSSING PROBLEMS.

    Section 20152 of title 49, United States Code, is amended to read 
as follows:
``Sec. 20152. Emergency notification of grade crossing problems
    ``Not later than 18 months after the date of enactment of the 
Federal Railroad Safety Improvement Act of 2007, the Secretary of 
Transportation shall require each railroad carrier to--
            ``(1) establish and maintain a toll-free telephone service, 
        for rights-of-way over which it dispatches trains, to directly 
        receive calls reporting--
                    ``(A) malfunctions of signals, crossing gates, and 
                other devices to promote safety at the grade crossing 
                of railroad tracks on those rights-of-way and public or 
                private roads; and
                    ``(B) disabled vehicles blocking railroad tracks at 
                such grade crossings;
            ``(2) upon receiving a report of a malfunction or disabled 
        vehicle pursuant to paragraph (1), immediately contact trains 
        operating near the grade crossing to warn them of the 
        malfunction or disabled vehicle;
            ``(3) upon receiving a report of a malfunction or disabled 
        vehicle pursuant to paragraph (1), and after contacting trains 
        pursuant to paragraph (2), contact, as necessary, appropriate 
        public safety officials having jurisdiction over the grade 
        crossing to provide them with the information necessary for 
        them to direct traffic, assist in the removal of the disabled 
        vehicle, or carry out other activities appropriate to 
        responding to the hazardous circumstance; and
            ``(4) ensure the placement at each grade crossing on 
        rights-of-way that it owns of appropriately located signs, on 
        which shall appear, at a minimum--
                    ``(A) a toll-free telephone number to be used for 
                placing calls described in paragraph (1) to the 
                railroad carrier dispatching trains on that right-of-
                way;
                    ``(B) an explanation of the purpose of that toll-
                free number as described in paragraph (1); and
                    ``(C) the grade crossing number assigned for that 
                crossing by the National Highway-Rail Crossing 
                Inventory established by the Department of 
                Transportation.
The Secretary of Transportation shall implement this section through 
appropriate regulations.''.

SEC. 402. ROADWAY USER SIGHT DISTANCE AT HIGHWAY-RAIL GRADE CROSSINGS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following new section:
``Sec. 20156. Roadway user sight distance at highway-rail grade 
              crossings
    ``(a) In General.--Not later than 18 months after the date of 
enactment of the Federal Railroad Safety Improvement Act of 2007, the 
Secretary of Transportation shall prescribe regulations that require 
each railroad carrier to remove from its rights-of-way at all public 
highway-rail grade crossings, and at all private highway-rail grade 
crossings open to unrestricted public access (as declared in writing by 
the holder of the crossing right), grass, brush, shrubbery, trees, and 
other vegetation which may obstruct the view of a pedestrian or a 
vehicle operator for a reasonable distance in either direction of the 
train's approach, and to maintain its rights-of-way at all such 
crossings free of such vegetation. In prescribing the regulations, the 
Secretary shall take into consideration to the extent practicable--
            ``(1) the type of warning device or warning devices 
        installed at the crossing;
            ``(2) factors affecting the timeliness and effectiveness of 
        roadway user decisionmaking, including the maximum allowable 
        roadway speed, maximum authorized train speed, angle of 
        intersection, and topography;
            ``(3) the presence or absence of other sight distance 
        obstructions off the railroad right-of-way; and
            ``(4) any other factors affecting safety at such crossings.
    ``(b) Protected Vegetation.--In promulgating regulations pursuant 
to this section, the Secretary may make allowance for preservation of 
trees and other ornamental or protective growth where State or local 
law or policy would otherwise protect the vegetation from removal and 
where the roadway authority or private crossing holder is notified of 
the sight distance obstruction and, within a reasonable period 
specified by the regulation, takes appropriate temporary and permanent 
action to abate the hazard to roadway users (such as by closing the 
crossing, posting supplementary signage, installing active warning 
devices, lowering roadway speed, or installing traffic calming 
devices).
    ``(c) No Preemption.--Notwithstanding section 20106, subsections 
(a) and (b) of this section do not prohibit a State from continuing in 
force, or from enacting, a law, regulation, or order requiring the 
removal of obstructive vegetation from a railroad right-of-way for 
safety reasons that is more stringent than the requirements of the 
regulations prescribed pursuant to this section.''.
    (b) Conforming Amendment.--The table of sections for such 
subchapter II of chapter 201 is amended by inserting after the item 
relating to section 20155 the following new item:

``20156. Roadway user sight distance at highway-rail grade 
                            crossings.''.

SEC. 403. GRADE CROSSING SIGNAL VIOLATIONS.

    (a) Amendments.--Section 20151 of title 49, United States Code, is 
amended--
            (1) by amending the section heading to read as follows:
``Sec. 20151. Railroad trespassing, vandalism, and signal violation 
              prevention strategy'';
            (2) in subsection (a)--
                    (A) by striking ``and vandalism affecting railroad 
                safety'' and inserting in lieu thereof ``, vandalism 
                affecting railroad safety, and violations of grade 
                crossing signals'';
                    (B) by inserting ``, concerning trespassing and 
                vandalism,'' after ``such evaluation and review''; and
                    (C) by inserting ``The second such evaluation and 
                review, concerning violations of grade crossing 
                signals, shall be completed before April 1, 2008.'' 
                after ``November 2, 1994.'';
            (3) in the subsection heading of subsection (b), by 
        inserting ``for Trespassing and Vandalism Prevention'' after 
        ``Outreach Program'';
            (4) in subsection (c)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by inserting ``(1)'' after ``Model 
                Legislation.--''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) Within 18 months after the date of enactment of the Federal 
Railroad Safety Improvement Act of 2007, the Secretary, after 
consultation with State and local governments, railroad carriers, and 
rail labor organizations, shall develop and make available to State and 
local governments model State legislation providing for civil or 
criminal penalties, or both, for violations of grade crossing 
signals.''; and
            (5) by adding at the end the following new subsection:
    ``(d) Definition.--For purposes of this section, the term 
`violation of grade crossing signals' includes any action by a 
motorist, unless directed by an authorized safety officer--
            ``(1) to drive around a grade crossing gate in a position 
        intended to block passage over railroad tracks;
            ``(2) to drive through a flashing grade crossing signal;
            ``(3) to drive through a grade crossing with passive 
        warning signs without ensuring that the grade crossing could be 
        safely crossed before any train arrived; and
            ``(4) in the vicinity of a grade crossing, that creates a 
        hazard of an accident involving injury or property damage at 
        the grade crossing.''.
    (b) Conforming Amendment.--The item relating to section 20151 in 
the table of sections for subchapter II of chapter 201 of title 49, 
United States Code, is amended to read as follows:

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

SEC. 404. NATIONAL CROSSING INVENTORY.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this Act, is further amended by adding at 
the end the following new section:
``Sec. 20157. National crossing inventory
    ``(a) Initial Reporting of Information About Previously Unreported 
Crossings.--Not later than 1 year after the date of enactment of the 
Federal Railroad Safety Improvement Act of 2007 or 6 months after a new 
crossing becomes operational, whichever occurs later, each railroad 
carrier shall--
            ``(1) report to the Secretary of Transportation current 
        information, including information about warning devices and 
        signage, as specified by the Secretary, concerning each 
        previously unreported crossing through which it operates; or
            ``(2) ensure that the information has been reported to the 
        Secretary by another railroad carrier that operates through the 
        crossing.
    ``(b) Updating of Crossing Information.--(1) On a periodic basis 
beginning not later than 3 years after the date of enactment of the 
Federal Railroad Safety Improvement Act of 2007 and on or before 
September 30 of every third year thereafter, or as otherwise specified 
by the Secretary, each railroad carrier shall--
            ``(A) report to the Secretary current information, 
        including information about warning devices and signage, as 
        specified by the Secretary, concerning each crossing through 
        which it operates; or
            ``(B) ensure that the information has been reported to the 
        Secretary by another railroad carrier that operates through the 
        crossing.
    ``(2) A railroad carrier that sells a crossing or any part of a 
crossing on or after the date of enactment of the Federal Railroad 
Safety Improvement Act of 2007 shall, not later than the date that is 
18 months after the date of enactment of that Act or 3 months after the 
sale, whichever occurs later, or as otherwise specified by the 
Secretary, report to the Secretary current information, as specified by 
the Secretary, concerning the change in ownership of the crossing or 
part of the crossing.
    ``(c) Rulemaking Authority.--The Secretary shall prescribe the 
regulations necessary to implement this section. The Secretary may 
enforce each provision of the Department of Transportation's statement 
of the national highway-rail crossing inventory policy, procedures, and 
instruction for States and railroads that is in effect on the date of 
enactment of the Federal Railroad Safety Improvement Act of 2007, until 
such provision is superseded by a regulation issued under this section.
    ``(d) Definitions.--In this section:
            ``(1) Crossing.--The term `crossing' means a location 
        within a State, other than a location where one or more 
        railroad tracks cross one or more railroad tracks either at 
        grade or grade-separated, where--
                    ``(A) a public highway, road, or street, or a 
                private roadway, including associated sidewalks and 
                pathways, crosses one or more railroad tracks either at 
                grade or grade-separated; or
                    ``(B) a pathway dedicated for the use of 
                nonvehicular traffic, including pedestrians, 
                bicyclists, and others, that is not associated with a 
                public highway, road, or street, or a private roadway, 
                crosses one or more railroad tracks either at grade or 
                grade-separated.
            ``(2) State.--The term `State' means a State of the United 
        States, the District of Columbia, or the Commonwealth of Puerto 
        Rico.''.
    (b) Conforming Amendment.--The table of sections for such 
subchapter II of chapter 201 is amended by adding at the end the 
following new item:

``20157. National crossing inventory.''.
    (c) Reporting and Updating.--Section 130 of title 23, United States 
Code, is amended by adding at the end the following:
    ``(l) National Crossing Inventory.--
            ``(1) Initial reporting of crossing information.--Not later 
        than 1 year after the date of enactment of the Federal Railroad 
        Safety Improvement Act of 2007 or within 6 months of a new 
        crossing becoming operational, whichever occurs later, each 
        State shall report to the Secretary of Transportation current 
        information, including information about warning devices and 
        signage, as specified by the Secretary, concerning each 
        previously unreported crossing located within its borders.
            ``(2) Periodic updating of crossing information.--On a 
        periodic basis beginning not later than 3 years after the date 
        of enactment of the Federal Railroad Safety Improvement Act of 
        2007 and on or before September 30 of every third year 
        thereafter, or as otherwise specified by the Secretary, each 
        State shall report to the Secretary current information, 
        including information about warning devices and signage, as 
        specified by the Secretary, concerning each crossing located 
        within its borders.
            ``(3) Rulemaking authority.--The Secretary shall prescribe 
        the regulations necessary to implement this section. The 
        Secretary may enforce each provision of the Department of 
        Transportation's statement of the national highway-rail 
        crossing inventory policy, procedures, and instructions for 
        States and railroads that is in effect on the date of enactment 
        of the Federal Railroad Safety Improvement Act of 2007, until 
        such provision is superseded by a regulation issued under this 
        subsection.
            ``(4) Definitions.--In this subsection, the terms 
        `crossing' and `State' have the meaning given those terms by 
        section 20157(d)(1) and (2), respectively, of title 49.''.
    (d) Civil Penalties.--(1) Section 21301(a)(1) of title 49, United 
States Code, is amended--
            (A) by inserting ``with section 20157 or'' after ``comply'' 
        in the first sentence; and
            (B) by inserting ``section 20157 of this title or'' after 
        ``violating'' in the second sentence.
    (2) Section 21301(a)(2) of title 49, United States Code, is amended 
by inserting ``The Secretary shall impose a civil penalty for a 
violation of section 20157 of this title.'' after the first sentence.

SEC. 405. ACCIDENT AND INCIDENT REPORTING.

    The Federal Railroad Safety Administration shall conduct an audit 
of each Class I railroad at least once every 2 years and conduct an 
audit of each non-Class I railroad at least once every 5 years to 
ensure that all grade crossing collisions and fatalities are reported 
to the national accident database.

SEC. 406. AUTHORITY TO BUY PROMOTIONAL ITEMS TO IMPROVE RAILROAD 
              CROSSING SAFETY AND PREVENT RAILROAD TRESPASS.

    Section 20134(a) of title 49, United States Code, is amended by 
adding at the end the following: ``The Secretary may purchase 
promotional items of nominal value and distribute them to the public 
without charge as part of an educational or awareness program to 
accomplish the purposes of this section and of any other sections of 
this title related to improving the safety of highway-rail crossings 
and to prevent trespass on railroad rights of way, and the Secretary 
shall prescribe guidelines for the administration of this authority.''.

                          TITLE V--ENFORCEMENT

SEC. 501. ENFORCEMENT.

     Section 20112(a) of title 49, United States Code, is amended--
            (1) by inserting ``this part or'' in paragraph (1) after 
        ``enforce,'';
            (2) by striking ``21301'' in paragraph (2) and inserting 
        ``21301, 21302, or 21303'';
            (3) by striking ``subpena'' in paragraph (3) and inserting 
        ``subpoena, request for admissions, request for production of 
        documents or other tangible things, or request for testimony by 
        deposition''; and
            (4) by striking ``chapter.'' in paragraph (3) and inserting 
        ``part.''.

SEC. 502. CIVIL PENALTIES.

    (a) General Violations of Chapter 201.--Section 21301(a)(2) of 
title 49, United States Code, is amended--
            (1) by striking ``$10,000'' and inserting ``$100,000, or 
        the amount in which the stated minimum or maximum penalty, 
        respectively, is adjusted if required by the Federal Civil 
        Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 
        note)''; and
            (2) by striking the last sentence.
    (b) Accident and Incident Violations of Chapter 201; Violations of 
Chapters 203 Through 209.--Section 21302(a)(2) of title 49, United 
States Code, is amended--
            (1) by striking ``$10,000'' and inserting ``$100,000, or 
        the amount to which the stated minimum or maximum penalty, 
        respectively, is adjusted if required by the Federal Civil 
        Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 
        note)''; and
            (2) by striking the last sentence.
    (c) Violations of Chapter 211.--Section 21303(a)(2) of title 49, 
United States Code, is amended--
            (1) by striking ``$10,000'' and inserting ``$100,000, or 
        the amount to which the stated minimum or maximum penalty, 
        respectively, is adjusted if required by the Federal Civil 
        Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 
        note)''; and
            (2) by striking the last sentence.

SEC. 503. CRIMINAL PENALTIES.

    Section 21311(b) of title 49, United States Code, is amended by 
striking ``$500'' both places it appears and inserting ``$2,500''.

SEC. 504. EXPANSION OF EMERGENCY ORDER AUTHORITY.

    Section 20104(a)(1) of title 49, United States Code, is amended by 
striking ``death or personal injury'' and inserting ``death, personal 
injury, or significant harm to the environment''.

SEC. 505. ENFORCEMENT TRANSPARENCY.

    (a) Amendment.--Subchapter I of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 20118. Enforcement transparency
    ``(a) In General.--Not later than December 31, 2007, the Secretary 
of Transportation shall--
            ``(1) provide a monthly updated summary to the public of 
        all railroad enforcement actions taken by the Secretary or the 
        Federal Railroad Safety Administration, from the time a notice 
        commencing an enforcement action is issued until the 
        enforcement action is final;
            ``(2) include in each such summary identification of the 
        railroad carrier or person involved in the enforcement 
        activity, the type of alleged violation, the penalty or 
        penalties proposed, any changes in case status since the 
        previous summary, the final assessment amount of each penalty, 
        and the reasons for a reduction in the proposed penalty, if 
        appropriate; and
            ``(3) provide a mechanism by which a railroad carrier or 
        person named in an enforcement action may make information, 
        explanations, or documents it believes are responsive to the 
        enforcement action available to the public.
    ``(b) Electronic Availability.--Each summary under this section 
shall be made available to the public by electronic means.
    ``(c) Relationship to FOIA.--Nothing in this section shall be 
construed to require disclosure of information or records that are 
exempt from disclosure under section 552 of title 5.''.
    (b) Table of Sections Amendment.--The table of sections of 
subchapter I of chapter 201 of title 49, United States Code, is amended 
by adding at the end the following new item:

``20118. Enforcement transparency.''.

SEC. 506. INTERFERING WITH OR HAMPERING SAFETY INVESTIGATIONS.

    (a) Amendment.--Subchapter II of chapter 213 of title 49, United 
States Code, is amended by adding at the end the following new section:
``Sec. 21312. Interfering with or hampering safety investigations
    ``(a) In General.--It shall be unlawful for any person knowingly to 
interfere with, obstruct, or hamper an investigation by the Secretary 
of Transportation conducted under section 20703 or 20902 of this title, 
or a railroad investigation by the National Transportation Safety Board 
under chapter 11 of this title.
    ``(b) Intimidation and Harassment.--It shall be unlawful for any 
person, with regard to an investigation conducted by the Secretary 
under section 20703 or 20902 of this title, or a railroad investigation 
by the National Transportation Safety Board under chapter 11 of this 
title, knowingly or intentionally to use intimidation, harassment, 
threats, or physical force toward another person, or corruptly persuade 
another person, or attempt to do so, or engage in misleading conduct 
toward another person, with the intent or effect of--
            ``(1) influencing the testimony or statement of any person;
            ``(2) hindering, delaying, preventing, or dissuading any 
        person from--
                    ``(A) attending a proceeding or interview with, 
                testifying before, or providing a written statement to, 
                a National Transportation Safety Board railroad 
                investigator, a Federal railroad safety inspector or 
                State railroad safety inspector, or their superiors;
                    ``(B) communicating or reporting to a National 
                Transportation Safety Board railroad investigator, a 
                Federal railroad safety inspector, or a State railroad 
                safety inspector, or their superiors, information 
                relating to the commission or possible commission of 
                one or more violations of this part or of chapter 51 of 
                this title; or
                    ``(C) recommending or using any legal remedy 
                available to the Secretary under this title; or
            ``(3) causing or inducing any person to--
                    ``(A) withhold testimony, or a statement, record, 
                document, or other object, from the investigation;
                    ``(B) alter, destroy, mutilate, or conceal a 
                statement, record, document, or other object with 
                intent to impair the integrity or availability of the 
                statement, record, document, or other object for use in 
                the investigation;
                    ``(C) evade legal process summoning that person to 
                appear as a witness, or to produce a statement, record, 
                document, or other object, in the investigation; or
                    ``(D) be absent from an investigation to which such 
                person has been summoned by legal process.
    ``(c) Elements of Violation.--(1) For the purposes of this section, 
the testimony or statement, or the record, document, or other object, 
need not be admissible in evidence or free from a claim of privilege.
    ``(2) In a prosecution for an offense under this section, no state 
of mind need be proved with respect to the circumstance that the 
investigation is being conducted by the Secretary under section 20703 
or 20902 of this title or by the National Transportation Safety Board 
under chapter 11 of this title.
    ``(d) Criminal Penalties.--A person violating this section shall be 
fined under title 18, imprisoned for not more than 1 year, or both.''.
    (b) Table of Sections Amendment.--The table of sections of 
subchapter II of chapter 213 of title 49, United States Code, is 
amended by adding at the end the following new item:

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

SEC. 507. RAILROAD RADIO MONITORING AUTHORITY.

    Section 20107 of title 49, United States Code, is amended by 
inserting at the end the following:
    ``(c) Railroad Radio Communications.--
            ``(1) In general.--To carry out the Secretary's 
        responsibilities under this part and under chapter 51, the 
        Secretary may authorize officers, employees, or agents of the 
        Secretary to conduct the following activities in circumstances 
        the Secretary finds to be reasonable:
                    ``(A) Intercepting a radio communication that is 
                broadcast or transmitted over a frequency authorized 
                for the use of one or more railroad carriers by the 
                Federal Communications Commission, with or without the 
                consent of the sender or other receivers of the 
                communication.
                    ``(B) Communicating the existence, contents, 
                substance, purport, effect, or meaning of the 
                communication, subject to the restrictions in paragraph 
                (3).
                    ``(C) Receiving or assisting in receiving the 
                communication (or any information therein contained).
                    ``(D) Disclosing the contents, substance, purport, 
                effect, or meaning of the communication (or any part 
                thereof of such communication) or using the 
                communication (or any information contained therein), 
                subject to the restrictions in paragraph (3), after 
                having received the communication or acquired knowledge 
                of the contents, substance, purport, effect, or meaning 
                of the communication (or any part thereof).
                    ``(E) Recording the communication by any means, 
                including writing and tape recording.
            ``(2) Accident prevention and accident investigation.--The 
        Secretary, and officers, employees, and agents of the 
        Department of Transportation authorized by the Secretary, may 
        engage in the activities authorized by paragraph (1) for the 
        purpose of accident prevention and accident investigation.
            ``(3) Use of information.--(A) Information obtained through 
        activities authorized by paragraphs (1) and (2) shall not be 
        admitted into evidence in any administrative or judicial 
        proceeding except--
                    ``(i) in a prosecution of a felony under Federal or 
                State criminal law; or
                    ``(ii) to impeach evidence offered by a party other 
                than the Federal Government regarding the existence, 
                electronic characteristics, content, substance, 
                purport, effect, meaning, or timing of, or identity of 
                parties to, a communication intercepted pursuant to 
                paragraphs (1) and (2) in proceedings pursuant to 
                section 5122, 5123, 20702(b), 20111, 20112, 20113, or 
                20114 of this title.
            ``(B) If information obtained through activities set forth 
        in paragraphs (1) and (2) is admitted into evidence for 
        impeachment purposes in accordance with subparagraph (A), the 
        court, administrative law judge, or other officer before whom 
        the proceeding is conducted may make such protective orders 
        regarding the confidentiality or use of the information as may 
        be appropriate in the circumstances to protect privacy and 
        administer justice.
            ``(C) No evidence shall be excluded in an administrative or 
        judicial proceeding solely because the government would not 
        have learned of the existence of or obtained such evidence but 
        for the interception of information that is not admissible in 
        such proceeding under subparagraph (A).
            ``(D) Information obtained through activities set forth in 
        paragraphs (1) and (2) shall not be subject to publication or 
        disclosure, or search or review in connection therewith, under 
        section 552 of title 5.
            ``(E) Nothing in this subsection shall be construed to 
        impair or otherwise affect the authority of the United States 
        to intercept a communication, and collect, retain, analyze, 
        use, and disseminate the information obtained thereby, under a 
        provision of law other than this subsection.
            ``(4) Application with other law.--Section 705 of the 
        Communications Act of 1934 (47 U.S.C. 605) and chapter 119 of 
        title 18 shall not apply to conduct authorized by and pursuant 
        to this subsection.''.

SEC. 508. INSPECTOR STAFFING.

    The Secretary shall increase the total number of positions for 
railroad safety inspection and enforcement personnel at the Federal 
Railroad Safety Administration so that by December 31, 2008, the total 
number of such position is at least 500, by December 31, 2009, the 
total number of such positions is at least 600, by December 31, 2010, 
the total number of such positions is at least 700, and by December 31, 
2011, the total number of positions is at least 800.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. POSITIVE TRAIN CONTROL SYSTEMS.

    (a) In General.--Not later than 12 months after the date of 
enactment of this Act, each Class I railroad carrier shall develop and 
submit to the Secretary a plan for implementing a positive train 
control system by December 31, 2014, that will prevent train collisions 
and over-speed derailments, provide protection to maintenance-of-way 
workers within established work zone limits, and prevent the movement 
of a train through a switch left in the wrong position.
    (b) Safety Redundancy.--The positive train control system required 
under subsection (a) shall provide a safety redundancy to prevent 
accidents by overriding human performance failures involving train 
movements on main line tracks.
    (c) Contents of Plan.--The Secretary may provide technical 
assistance and guidance to railroad carriers in developing the plans 
required under subsection (a), and shall require that each railroad 
carrier include in the plan, at a minimum--
            (1) measurable goals, including a strategy and timeline for 
        implementation of such systems;
            (2) a prioritization of how the systems will be 
        implemented, with particular emphasis on high-risk corridors 
        such as those that have significant movements of hazardous 
        materials or where commuter and intercity passenger railroads 
        operate;
            (3) identification of detailed steps the carriers will take 
        to implement the systems; and
            (4) any other element the Secretary considers appropriate.
    (d) Review and Approval.--Not later than 90 days after the 
Secretary receives a plan, the Secretary shall review and approve it. 
If the proposed plan is not approved, the Secretary shall notify the 
affected railroad carrier as to the specific points in which the 
proposed plan is deficient, and the railroad carrier shall correct all 
deficiencies within 30 days following receipt of written notice from 
the Secretary. The Secretary shall annually conduct a review to ensure 
that the railroads are complying with their plans.
    (e) Report.--Not later than December 31, 2011, the Secretary shall 
transmit a report to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate on the progress of the railroad 
carriers in implementing such positive train control systems.

SEC. 602. WARNING IN NONSIGNALED TERRITORY.

    (a) Amendment.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this Act, is further amended by adding at 
the end the following new section:
``Sec. 20158. Warning in nonsignaled territory
    ``Not later than 12 months after the date of enactment of the 
Federal Railroad Safety Improvement Act of 2007, the Secretary of 
Transportation shall prescribe regulations that--
            ``(1) require that, along main lines in nonsignaled 
        territory without a train speed enforcement system that would 
        stop a train in advance of a misaligned switch, railroads 
        install an automatically activated device, independent of the 
        switch banner, that will, visually or electronically, 
        compellingly capture the attention of employees involved with 
        switch operations and clearly convey the status of the switch 
        both in daylight and darkness; and
            ``(2) require railroads, in nonsignaled territory without a 
        train speed enforcement system that would stop a train in 
        advance of a misaligned switch, and in the absence of switch 
        position indicator lights or other automated systems that 
        provide train crews with advance notice of switch positions, to 
        operate those trains at speeds that will allow them to be 
        safely stopped in advance of misaligned switches.''.
    (b) Table of Sections Amendment.--The table of sections of 
subchapter II of chapter 201 of title 49, United States Code, is 
amended by adding at the end the following new item:

``20158. Warning in nonsignaled territory.''.

SEC. 603. TRACK SAFETY.

    (a) Amendment.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this Act, is further amended by adding at 
the end the following new section:
``Sec. 20159. Track safety
    ``(a) Rail Integrity.--(1) Not later than 12 months after the date 
of enactment of the Federal Railroad Safety Improvement Act of 2007, 
the Secretary of Transportation shall prescribe regulations to require 
railroad carriers to manage the rail in their tracks so as to minimize 
accidents due to internal rail flaws. The regulations shall, at a 
minimum--
            ``(A) require railroad carriers to conduct ultrasonic or 
        other appropriate inspections to ensure that rail used to 
        replace defective segments of existing rail is free from 
        internal defects;
            ``(B) require railroad carriers to perform rail integrity 
        inspections to manage a service failure rate of less than .1 
        per track mile; and
            ``(C) encourage railroad carrier use of advanced rail 
        defect inspection equipment and similar technologies as part of 
        a comprehensive rail inspection program.
    ``(2) In carrying out paragraph (1)(B), the Secretary shall set 
priorities for performing rail integrity inspections, with particular 
emphasis on high-risk corridors such as those that have significant 
movements of hazardous materials or where commuter and intercity 
passenger railroads operate.
    ``(b) Concrete Crossties.--Not later than 12 months after the date 
of enactment of the Federal Railroad Safety Improvement Act of 2007, 
the Secretary shall develop and implement regulations for all classes 
of track for concrete crossties that address, at a minimum--
            ``(1) limits for rail seat abrasion;
            ``(2) concrete crosstie pad wear limits;
            ``(3) missing or broken rail fasteners;
            ``(4) loss of appropriate toeload pressure;
            ``(5) improper fastener configurations; and
            ``(6) excessive lateral rail movement.''.
    (b) Table of Sections Amendment.--The table of sections of 
subchapter II of chapter 201 of title 49, United States Code, is 
amended by adding at the end the following new item:

``20159. Track safety.''.

SEC. 604. CERTIFICATION OF CONDUCTORS.

    (a) Amendment.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this Act, is further amended by adding at 
the end the following new section:
``Sec. 20160. Certification of conductors
    ``(a) Regulations.--Not later than 6 months after the date of 
enactment of the Federal Railroad Safety Improvement Act of 2007, the 
Secretary of Transportation shall prescribe regulations and issue 
orders to establish a program requiring the certification of train 
conductors. In prescribing such regulations, the Secretary shall 
require that conductors on passenger trains be trained in security, 
first aid, and emergency preparedness.
    ``(b) Program Design.--The program established under this section 
shall be designed based on the requirements of section 20135(b) through 
(e).''.
    (b) Table of Sections Amendment.--The table of sections of 
subchapter II of chapter 201 of title 49, United States Code, is 
amended by adding at the end the following new item:

``20160. Certification of conductors.''.

SEC. 605. MINIMUM TRAINING STANDARDS.

    (a) Amendment.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this Act, is further amended by adding at 
the end the following new section:
``Sec. 20161. Minimum training standards
    ``The Secretary of Transportation shall, not later than 180 days 
after the date of enactment of the Federal Railroad Safety Improvement 
Act of 2007, establish--
            ``(1) minimum training standards for each craft of railroad 
        employees, which shall require railroad carriers to qualify or 
        otherwise document the proficiency of their employees in each 
        craft regarding their knowledge of, and ability to comply with, 
        Federal railroad safety laws and regulations and railroad 
        carrier rules and procedures promulgated to implement those 
        Federal railroad safety laws and regulations; and
            ``(2) a requirement for railroad carriers to submit their 
        training and qualification programs to the Federal Railroad 
        Safety Administration for approval.''.
    (b) Table of Sections Amendment.--The table of sections of 
subchapter II of chapter 201 of title 49, United States Code, is 
amended by adding at the end the following new item:

``20161. Minimum training standards.''.

SEC. 606. PROMPT MEDICAL ATTENTION.

    (a) Amendment.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this Act, is further amended by adding at 
the end the following new section:
``Sec. 20162. Prompt medical attention
    ``(a) Prohibition.--A railroad or person covered under this title 
shall not deny, delay, or interfere with the medical or first aid 
treatment of an employee who is injured during the course of 
employment. If transportation to a hospital is requested by an employee 
who is injured during the course of employment, the railroad shall 
promptly arrange to have the injured employee transported to the 
requested hospital.
    ``(b) Discipline.--A railroad or person covered under this title 
shall not discipline, or threaten discipline to, an employee for 
requesting medical or first aid treatment, or for following orders or a 
treatment plan of a treating physician. For purposes of this 
subsection, discipline means to bring charges against a person in a 
disciplinary proceeding, suspend, terminate, place on probation, or 
make note of reprimand on an employee's record.''.
    (b) Table of Sections Amendment.--The table of sections of 
subchapter II of chapter 201 of title 49, United States Code, is 
amended by adding at the end the following new item:

``20162. Prompt medical attention.''.

SEC. 607. EMERGENCY ESCAPE BREATHING APPARATUS.

    (a) Amendment.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this Act, is further amended by adding at 
the end the following new section:
``Sec. 20163. Emergency escape breathing apparatus
    ``Not later than 6 months after the date of enactment of the 
Federal Railroad Safety Improvement Act of 2007, the Secretary of 
Transportation shall prescribe regulations that require railroads to--
            ``(1) provide emergency escape breathing apparatus for all 
        crewmembers on freight trains carrying hazardous materials that 
        would pose an inhalation hazard in the event of release; and
            ``(2) provide their crewmembers with appropriate training 
        for using the breathing apparatus.''.
    (b) Table of Sections Amendment.--The table of sections of 
subchapter II of chapter 201 of title 49, United States Code, is 
amended by adding at the end the following new item:

``20163. Emergency escape breathing apparatus.''.

SEC. 608. LOCOMOTIVE CAB ENVIRONMENT.

    Not later than 12 months after the date of enactment of this Act, 
the Secretary of Transportation shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the effects of the locomotive cab environment on the safety, 
health, and performance of train crews.

          TITLE VII--RAIL PASSENGER DISASTER FAMILY ASSISTANCE

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Rail Passenger Disaster Family 
Assistance Act of 2007''.

SEC. 702. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO 
              FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER 
              ACCIDENTS.

    (a) In General.--Subchapter III of chapter 11 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 1138. Assistance to families of passengers involved in rail 
              passenger accidents
    ``(a) In General.--As soon as practicable after being notified of a 
rail passenger accident within the United States involving a rail 
passenger carrier and resulting in a major loss of life, the Chairman 
of the National Transportation Safety Board shall--
            ``(1) designate and publicize the name and phone number of 
        a director of family support services who shall be an employee 
        of the Board and shall be responsible for acting as a point of 
        contact within the Federal Government for the families of 
        passengers involved in the accident and a liaison between the 
        rail passenger carrier and the families; and
            ``(2) designate an independent nonprofit organization, with 
        experience in disasters and posttrauma communication with 
        families, which shall have primary responsibility for 
        coordinating the emotional care and support of the families of 
        passengers involved in the accident.
    ``(b) Responsibilities of the Board.--The Board shall have primary 
Federal responsibility for--
            ``(1) facilitating the recovery and identification of 
        fatally injured passengers involved in an accident described in 
        subsection (a); and
            ``(2) communicating with the families of passengers 
        involved in the accident as to the roles of--
                    ``(A) the organization designated for an accident 
                under subsection (a)(2);
                    ``(B) Government agencies; and
                    ``(C) the rail passenger carrier involved,
        with respect to the accident and the post-accident activities.
    ``(c) Responsibilities of Designated Organization.--The 
organization designated for an accident under subsection (a)(2) shall 
have the following responsibilities with respect to the families of 
passengers involved in the accident:
            ``(1) To provide mental health and counseling services, in 
        coordination with the disaster response team of the rail 
        passenger carrier involved.
            ``(2) To take such actions as may be necessary to provide 
        an environment in which the families may grieve in private.
            ``(3) To meet with the families who have traveled to the 
        location of the accident, to contact the families unable to 
        travel to such location, and to contact all affected families 
        periodically thereafter until such time as the organization, in 
        consultation with the director of family support services 
        designated for the accident under subsection (a)(1), determines 
        that further assistance is no longer needed.
            ``(4) To arrange a suitable memorial service, in 
        consultation with the families.
    ``(d) Passenger Lists.--
            ``(1) Requests for passenger lists.--
                    ``(A) Requests by director of family support 
                services.--It shall be the responsibility of the 
                director of family support services designated for an 
                accident under subsection (a)(1) to request, as soon as 
                practicable, from the rail passenger carrier involved 
                in the accident a list, which is based on the best 
                available information at the time of the request, of 
                the names of the passengers that were aboard the rail 
                passenger carrier's train involved in the accident. A 
                rail passenger carrier shall use reasonable efforts, 
                with respect to its unreserved trains, and passengers 
                not holding reservations on its other trains, to 
                ascertain the names of passengers aboard a train 
                involved in an accident.
                    ``(B) Requests by designated organization.--The 
                organization designated for an accident under 
                subsection (a)(2) may request from the rail passenger 
                carrier involved in the accident a list described in 
                subparagraph (A).
            ``(2) Use of information.--The director of family support 
        services and the organization may not release to any person 
        information on a list obtained under paragraph (1) but may 
        provide information on the list about a passenger to the family 
        of the passenger to the extent that the director of family 
        support services or the organization considers appropriate.
    ``(e) Continuing Responsibilities of the Board.--In the course of 
its investigation of an accident described in subsection (a), the Board 
shall, to the maximum extent practicable, ensure that the families of 
passengers involved in the accident--
            ``(1) are briefed, prior to any public briefing, about the 
        accident and any other findings from the investigation; and
            ``(2) are individually informed of and allowed to attend 
        any public hearings and meetings of the Board about the 
        accident.
    ``(f) Use of Rail Passenger Carrier Resources.--To the extent 
practicable, the organization designated for an accident under 
subsection (a)(2) shall coordinate its activities with the rail 
passenger carrier involved in the accident to facilitate the reasonable 
use of the resources of the carrier.
    ``(g) Prohibited Actions.--
            ``(1) Actions to impede the board.--No person (including a 
        State or political subdivision) may impede the ability of the 
        Board (including the director of family support services 
        designated for an accident under subsection (a)(1)), or an 
        organization designated for an accident under subsection 
        (a)(2), to carry out its responsibilities under this section or 
        the ability of the families of passengers involved in the 
        accident to have contact with one another.
            ``(2) Unsolicited communications.--No unsolicited 
        communication concerning a potential action for personal injury 
        or wrongful death may be made by an attorney (including any 
        associate, agent, employee, or other representative of an 
        attorney) or any potential party to the litigation to an 
        individual (other than an employee of the rail passenger 
        carrier) injured in the accident, or to a relative of an 
        individual involved in the accident, before the 45th day 
        following the date of the accident.
            ``(3) Prohibition on actions to prevent mental health and 
        counseling services.--No State or political subdivision may 
        prevent the employees, agents, or volunteers of an organization 
        designated for an accident under subsection (a)(2) from 
        providing mental health and counseling services under 
        subsection (c)(1) in the 30-day period beginning on the date of 
        the accident. The director of family support services 
        designated for the accident under subsection (a)(1) may extend 
        such period for not to exceed an additional 30 days if the 
        director determines that the extension is necessary to meet the 
        needs of the families and if State and local authorities are 
        notified of the determination.
    ``(h) Definitions.--In this section, the following definitions 
apply:
            ``(1) Rail passenger accident.--The term `rail passenger 
        accident' means any rail passenger disaster occurring in the 
        provision of--
                    ``(A) interstate intercity rail passenger 
                transportation (as such term is defined in section 
                24102); or
                    ``(B) interstate or intrastate high-speed rail (as 
                such term is defined in section 26105) transportation,
        regardless of its cause or suspected cause.
            ``(2) Rail passenger carrier.--The term `rail passenger 
        carrier' means a rail carrier providing--
                    ``(A) interstate intercity rail passenger 
                transportation (as such term is defined in section 
                24102); or
                    ``(B) interstate or intrastate high-speed rail (as 
                such term is defined in section 26105) transportation,
        except that such term shall not include a tourist, historic, 
        scenic, or excursion rail carrier.
            ``(3) Passenger.--The term `passenger' includes--
                    ``(A) an employee of a rail passenger carrier 
                aboard a train;
                    ``(B) any other person aboard the train without 
                regard to whether the person paid for the 
                transportation, occupied a seat, or held a reservation 
                for the rail transportation; and
                    ``(C) any other person injured or killed in the 
                accident.
    ``(i) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that a rail passenger 
carrier may take, or the obligations that a rail passenger carrier may 
have, in providing assistance to the families of passengers involved in 
a rail passenger accident.
    ``(j) Relinquishment of Investigative Priority.--
            ``(1) General rule.--This section (other than subsection 
        (g)) shall not apply to a railroad accident if the Board has 
        relinquished investigative priority under section 1131(a)(2)(B) 
        and the Federal agency to which the Board relinquished 
        investigative priority is willing and able to provide 
        assistance to the victims and families of the passengers 
        involved in the accident.
            ``(2) Board assistance.--If this section does not apply to 
        a railroad accident because the Board has relinquished 
        investigative priority with respect to the accident, the Board 
        shall assist, to the maximum extent possible, the agency to 
        which the Board has relinquished investigative priority in 
        assisting families with respect to the accident.''.
    (b) Conforming Amendment.--The table of sections for such chapter 
is amended by inserting after the item relating to section 1137 the 
following:

``1138. Assistance to families of passengers involved in rail passenger 
                            accidents''.

SEC. 703. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF 
              PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.

    (a) In General.--Part C of subtitle V of title 49, United States 
Code, is amended by adding at the end the following new chapter:

                    ``CHAPTER 251--FAMILY ASSISTANCE

``Sec.
``25101. Plans to address needs of families of passengers involved in 
                            rail passenger accidents.
``Sec. 25101. Plans to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plans.--Not later than 6 months after the date 
of the enactment of this section, each rail passenger carrier shall 
submit to the Secretary of Transportation and the Chairman of the 
National Transportation Safety Board a plan for addressing the needs of 
the families of passengers involved in any rail passenger accident 
involving a train of the rail passenger carrier and resulting in a 
major loss of life.
    ``(b) Contents of Plans.--A plan to be submitted by a rail 
passenger carrier under subsection (a) shall include, at a minimum, the 
following:
            ``(1) A plan for publicizing a reliable, toll-free 
        telephone number, and for providing staff, to handle calls from 
        the families of the passengers.
            ``(2) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, either by utilizing the services of the 
        organization designated for the accident under section 
        1138(a)(2) of this title or the services of other suitably 
        trained individuals.
            ``(3) An assurance that the notice described in paragraph 
        (2) will be provided to the family of a passenger as soon as 
        the rail passenger carrier has verified that the passenger was 
        aboard the train (whether or not the names of all of the 
        passengers have been verified) and, to the extent practicable, 
        in person.
            ``(4) An assurance that the rail passenger carrier will 
        provide to the director of family support services designated 
        for the accident under section 1138(a)(1) of this title, and to 
        the organization designated for the accident under section 
        1138(a)(2) of this title, immediately upon request, a list 
        (which is based on the best available information at the time 
        of the request) of the names of the passengers aboard the train 
        (whether or not such names have been verified), and will 
        periodically update the list. The plan shall include a 
        procedure, with respect to unreserved trains and passengers not 
        holding reservations on other trains, for the rail passenger 
        carrier to use reasonable efforts to ascertain the names of 
        passengers aboard a train involved in an accident.
            ``(5) An assurance that the family of each passenger will 
        be consulted about the disposition of all remains and personal 
        effects of the passenger within the control of the rail 
        passenger carrier.
            ``(6) An assurance that if requested by the family of a 
        passenger, any possession of the passenger within the control 
        of the rail passenger carrier (regardless of its condition) 
        will be returned to the family unless the possession is needed 
        for the accident investigation or any criminal investigation.
            ``(7) An assurance that any unclaimed possession of a 
        passenger within the control of the rail passenger carrier will 
        be retained by the rail passenger carrier for at least 18 
        months.
            ``(8) An assurance that the family of each passenger or 
        other person killed in the accident will be consulted about 
        construction by the rail passenger carrier of any monument to 
        the passengers, including any inscription on the monument.
            ``(9) An assurance that the treatment of the families of 
        nonrevenue passengers will be the same as the treatment of the 
        families of revenue passengers.
            ``(10) An assurance that the rail passenger carrier will 
        work with any organization designated under section 1138(a)(2) 
        of this title on an ongoing basis to ensure that families of 
        passengers receive an appropriate level of services and 
        assistance following each accident.
            ``(11) An assurance that the rail passenger carrier will 
        provide reasonable compensation to any organization designated 
        under section 1138(a)(2) of this title for services provided by 
        the organization.
            ``(12) An assurance that the rail passenger carrier will 
        assist the family of a passenger in traveling to the location 
        of the accident and provide for the physical care of the family 
        while the family is staying at such location.
            ``(13) An assurance that the rail passenger carrier will 
        commit sufficient resources to carry out the plan.
            ``(14) An assurance that the rail passenger carrier will 
        provide adequate training to the employees and agents of the 
        carrier to meet the needs of survivors and family members 
        following an accident.
            ``(15) An assurance that, upon request of the family of a 
        passenger, the rail passenger carrier will inform the family of 
        whether the passenger's name appeared on any preliminary 
        passenger manifest for the train involved in the accident.
    ``(c) Limitation on Liability.--A rail passenger carrier shall not 
be liable for damages in any action brought in a Federal or State court 
arising out of the performance of the rail passenger carrier in 
preparing or providing a passenger list, or in providing information 
concerning a train reservation, pursuant to a plan submitted by the 
rail passenger carrier under subsection (b), unless such liability was 
caused by conduct of the rail passenger carrier which was grossly 
negligent or which constituted intentional misconduct.
    ``(d) Definitions.--In this section--
            ``(1) the terms `rail passenger accident' and `rail 
        passenger carrier' have the meanings such terms have in section 
        1138 of this title; and
            ``(2) the term `passenger' means a person aboard a rail 
        passenger carrier's train that is involved in a rail passenger 
        accident.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that a rail passenger 
carrier may take, or the obligations that a rail passenger carrier may 
have, in providing assistance to the families of passengers involved in 
a rail passenger accident.''.
    (b) Conforming Amendment.--The table of chapters for subtitle V of 
title 49, United States Code, is amended by adding after the item 
relating to chapter 249 the following new item:

``251. FAMILY ASSISTANCE....................................   25101''.

SEC. 704. ESTABLISHMENT OF TASK FORCE.

    (a) Establishment.--The Secretary of Transportation, in cooperation 
with the National Transportation Safety Board, organizations 
potentially designated under section 1138(a)(2) of title 49, United 
States Code, rail passenger carriers, and families which have been 
involved in rail accidents, shall establish a task force consisting of 
representatives of such entities and families, representatives of 
passenger rail carrier employees, and representatives of such other 
entities as the Secretary considers appropriate.
    (b) Model Plan and Recommendations.--The task force established 
pursuant to subsection (a) shall develop--
            (1) a model plan to assist passenger rail carriers in 
        responding to passenger rail accidents;
            (2) recommendations on methods to improve the timeliness of 
        the notification provided by passenger rail carriers to the 
        families of passengers involved in a passenger rail accident;
            (3) recommendations on methods to ensure that the families 
        of passengers involved in a passenger rail accident who are not 
        citizens of the United States receive appropriate assistance; 
        and
            (4) recommendations on methods to ensure that emergency 
        services personnel have as immediate and accurate a count of 
        the number of passengers onboard the train as possible.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall transmit to Congress a report 
containing the model plan and recommendations developed by the task 
force under subsection (b).
                                 <all>