[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1889 Introduced in Senate (IS)]

  1st Session
                                S. 1889

 To amend title 49, United States Code, to improve railroad safety by 
 reducing accidents and to prevent railroad fatalities, injuries, and 
         hazardous materials releases, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2007

 Mr. Lautenberg (for himself, Mr. Smith, Mrs. Clinton, Mr. Kerry, and 
 Mr. Schumer) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to improve railroad safety by 
 reducing accidents and to prevent railroad fatalities, injuries, and 
         hazardous materials releases, and for other purposes.

    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; AMENDMENT OF TITLE 49.

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

Sec. 1. Short title; table of contents; amendment of title 49.
Sec. 2. Definitions.
Sec. 3. Authorization of appropriations.
             TITLE I--RAILROAD RISK REDUCTION AND STRATEGY

Sec. 101. Establishment of chief safety officer.
Sec. 102. Railroad safety strategy.
Sec. 103. Railroad safety risk reduction pilot program.
Sec. 104. Railroad safety risk reduction program.
Sec. 105. Positive train control system implementation. 
Sec. 106. Hours of service reform.
Sec. 107. Protection of railroad safety risk analyses information.
    TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND 
                         TRESPASSER PREVENTION

Sec. 201. Pedestrian crossing safety.
Sec. 202. State action plans.
Sec. 203. Improvements to sight distance at highway-rail grade 
                            crossings.
Sec. 204. National crossing inventory.
Sec. 205. Telephone number to report grade crossing problems.
Sec. 206. Operation Lifesaver.
Sec. 207. Trespasser prevention and highway-rail crossing safety.
Sec. 208. Fostering introduction of new technology to improve safety at 
                            highway-rail grade crossings.
               TITLE III--FEDERAL RAILROAD ADMINISTRATION

Sec. 301. Human capital increases.
Sec. 302. Civil penalty increases.
Sec. 303. Enforcement report.
Sec. 304. Prohibition of individuals from performing safety-sensitive 
                            functions for a violation of hazardous 
                            materials transportation law.
Sec. 305. Railroad radio monitoring authority.
Sec. 306. Emergency waivers.
Sec. 307. Federal rail security officers' access to information.
Sec. 308. Update of Federal Railroad Administration's website.
                 TITLE IV--RAILROAD SAFETY ENHANCEMENTS

Sec. 401. Employee training.
Sec. 402. Certification of certain crafts or classes of employees.
Sec. 403. Track inspection time study.
Sec. 404. Study of methods to improve or correct station platform gaps.
Sec. 405. Use of distracting devices in locomotive cabs.
Sec. 406. Railroad safety technology grants.
Sec. 407. Railroad safety infrastructure improvement grants.
Sec. 408. Amendment to the movement-for-repair provision.
Sec. 409. Development and use of rail safety technology. 
Sec. 410. Employee sleeping quarters.
           TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE

Sec. 501. Assistance by National Transportation Safety Board to 
                            families of passengers involved in rail 
                            passenger accidents.
Sec. 502. Rail passenger carrier plan to assist families of passengers 
                            involved in rail passenger accidents.
Sec. 503. Establishment of task force.
   TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE 
                               FACILITIES

Sec. 601. Clarification of Federal jurisdiction over solid waste 
                            facilities.
    (c) Amendment of Title 49.--Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or a repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of title 49, United States Code.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Crossing.--The term ``crossing'' means a location 
        within a State, other than a location where one or more 
        railroad tracks cross one or more railroad tracks either at 
        grade or grade-separated, where--
                    (A) a public highway, road, or street, or a private 
                roadway, including associated sidewalks and pathways, 
                crosses one or more railroad tracks either at grade or 
                grade-separated; or
                    (B) a pathway explicitly authorized by the property 
                owner that is dedicated for the use of nonvehicular 
                traffic, including pedestrians, bicyclists, and others, 
                that is not associated with a public highway, road, or 
                street, or a private roadway, crosses one or more 
                railroad tracks either at grade or grade-separated.
            (2) Department.--The term ``Department'' means the 
        Department of Transportation.
            (3) Railroad.--The term ``railroad'' has the meaning given 
        that term by section 20102 of title 49, United States Code.
            (4) Railroad carrier.--The term ``railroad carrier'' has 
        the meaning given that term by section 20102 of title 49, 
        United States Code.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (6) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, or the Commonwealth of Puerto 
        Rico.
    (b) In Title 49.--Section 20102 is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (2) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) `Class I railroad' means a railroad carrier that has 
        annual carrier operating revenues that meet the threshold 
        amount for Class I carriers, as determined by the Surface 
        Transportation Board under section 1201.1-1 of title 49, Code 
        of Federal Regulations.''; and
            (3) by adding at the end thereof the following:
            ``(4) `safety-related railroad employee' means--
                    ``(A) a railroad employee who is subject to chapter 
                211;
                    ``(B) another operating railroad employee who is 
                not subject to chapter 211;
                    ``(C) an employee who maintains the right of way of 
                a railroad carrier;
                    ``(D) an employee of a railroad carrier who is a 
                hazmat employees as defined in section 5102(3) of this 
                title;
                    ``(E) an employee who inspects, repairs, or 
                maintains locomotives, passenger cars or freight cars; 
                and
                    ``(F) any other employee of a railroad who directly 
                affects railroad safety, as determined by the 
                Secretary.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 20117(a) 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) $245,000,000 for fiscal year 2008;
            ``(B) $260,000,000 for fiscal year 2009;
            ``(C) $270,000,000 for fiscal year 2010;
            ``(D) $280,000,000 for fiscal year 2011;
            ``(E) $290,000,000 for fiscal year 2012; and
            ``(F) $300,000,000 for fiscal year 2013.
    ``(2) With amounts appropriated pursuant to paragraph (1), the 
Secretary shall purchase 6 Gage Restraint Measurement System vehicles 
and 5 track geometry vehicles or other comparable technology to enable 
the deployment of 1 Gage Restraint Measurement System vehicle and 1 
track geometry vehicle or other comparable technology 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 Testing and Training at the Transportation 
Technology Center, Inc., in Pueblo, Colorado. The facility shall be 
used to test and evaluate the safety and security vulnerabilities of 
above-ground and underground rail tunnels to prevent accidents and 
incidents in such tunnels, to mitigate and remediate the consequences 
of any such accidents or incidents, and to provide a realistic scenario 
for training emergency responders.
    ``(4) Such sums as may be necessary from the amount appropriated 
pursuant to paragraph (1) for each of the fiscal years 2008 through 
2013 shall be made available to the Secretary for personnel in regional 
offices and in Washington, DC, whose duties primarily involve rail 
security.''.

          TITLE I--RAILROAD SAFETY RISK REDUCTION AND STRATEGY

SEC. 101. ESTABLISHMENT OF CHIEF SAFETY OFFICER.

    Section 103 is amended--
            (1) by redesignating subsections (c), (d), and (e) as 
        subsections (e), (f), and (g); and
            (2) by inserting after subsection (b) the following:
    ``(c) Safety as Highest Priority.--In carrying out its duties, the 
Administration shall consider safety as the highest priority, 
recognizing the clear intent, encouragement, and dedication of Congress 
to the furtherance of the highest degree of safety in railroad 
transportation.
    ``(d) Chief Safety Officer.--The Administration shall have an 
Associate Administrator for Railroad Safety appointed in the career 
service by the Secretary. The Associate Administrator shall be the 
Chief Safety Officer of the Administration. The Associate Administrator 
shall carry out the duties and powers prescribed by the 
Administrator.''.

SEC. 102. RAILROAD SAFETY STRATEGY.

    (a) Safety Goals.--In conjunction with existing federally-required 
and voluntary strategic planning efforts ongoing at the Department and 
the Federal Railroad Administration on the date of enactment of this 
Act, the Secretary shall develop a long-term strategy for improving 
railroad safety to cover a period of not less than 5 years. 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 including train collisions 
        and derailments and human factors.
            (2) Improving the consistency and effectiveness of 
        enforcement and compliance programs.
            (3) Improving the identification of high-risk highway-rail 
        grade crossings and strengthening enforcement and other methods 
        to increase grade crossing safety.
            (4) Improving research efforts to enhance and promote 
        railroad safety and performance.
            (5) Preventing railroad trespasser accidents, injuries, and 
        fatalities.
    (b) Resource Needs.--The strategy and annual plan shall include 
estimates of the funds and staff resources needed to accomplish the 
goals established by subsection (a). Such estimates shall also include 
the staff skills and training required for timely and effective 
accomplishment of each such goal.
    (c) Submission With the President's Budget.--The Secretary shall 
submit the strategy and annual plan to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure at the same time as the 
President's budget submission.
    (d) Achievement of Goals.--
            (1) Progress assessment.--No less frequently than annually, 
        the Secretary shall assess the progress of the Department 
        toward achieving the strategic goals described in subsection 
        (a). The Secretary shall identify any deficiencies in achieving 
        the goals within the strategy and develop and institute 
        measures to remediate such deficiencies.
            (2) Report to congress.--Not later than November 1st of 
        each year, the Secretary shall transmit a report to the Senate 
        Committee on Commerce, Science, and Transportation and the 
        House of Representatives Committee on Transportation and 
        Infrastructure on the performance of the Federal Railroad 
        Administration containing the progress assessment required by 
        paragraph (1) toward achieving the goals of the railroad safety 
        strategy and annual plans under subsection (a).

SEC. 103. RAILROAD SAFETY RISK REDUCTION PILOT PROGRAM.

    (a) In General.--Subchapter II of chapter 201 is amended by adding 
at the end thereof the following:
``Sec. 20156. Railroad safety risk reduction pilot program
    (a) Pilot Program.--
            ``(1) In general.--The Secretary of Transportation shall 
        develop a 2-year railroad safety risk reduction pilot program 
        to systematically evaluate and manage railroad safety risks 
        with the goal of reducing the numbers and rates of railroad 
        accidents, injuries, and fatalities. Not later than 9 months 
        after the date of enactment of the Railroad Safety Enhancement 
        Act of 2007, the Secretary shall, in coordination with selected 
        railroads, railroad facilities, and the nonprofit employee 
        labor organizations that represent safety-related railroad 
        employees employed at such railroad or railroad facility, at a 
        minimum--
                    ``(A) identify the aspects of a selected railroad 
                or railroad facility, including operating practices, 
                infrastructure, equipment, employee levels and 
                schedules, safety culture, management structure, 
                employee training, and other matters, including those 
                not covered by railroad safety regulations or other 
                Federal regulations, that impact railroad safety;
                    ``(B) evaluate how these aspects of a selected 
                railroad or railroad facility increase or decrease 
                risks to railroad safety;
                    ``(C) develop a safety risk reduction program to 
                improve the safety of a selected railroad or railroad 
                facility by reducing the numbers and rates of 
                accidents, injuries, and fatalities through--
                            ``(i) the mitigation of the aspects of a 
                        selected railroad or railroad facility that 
                        increase risks to railroad safety; and
                            ``(ii) the enhancement of aspects of a 
                        selected railroad or railroad facility that 
                        decrease risks to railroad safety; and
                    ``(D) incorporate into the program the 
                consideration and use of existing, new, or novel 
                technology, operating practices, risk management 
                practices or other behavior-based practices that could 
                improve railroad safety at the selected railroad or 
                railroad facility.
            ``(2) Implementation deadline.--Not later than 12 months 
        after the date of enactment of the Railroad Safety Enhancement 
        Act of 2007, the selected railroad or railroad facility shall 
        implement the safety risk reduction program developed under 
        paragraph (1)(C) on the selected railroad or railroad facility 
        and ensure that all employees at the selected railroad or 
        railroad facility have received and are complying with training 
        related to the program.
    ``(b) Selection of Railroad or Railroad Facility for Pilot 
Program.--Not later than 3 months after the date of enactment of the 
Railroad Safety Enhancement Act of 2007, the Secretary shall develop a 
voluntary application process to select 1 or more railroad or railroad 
facilities where the pilot project will be implemented. The application 
process shall include criteria for rating applicants, such as safety 
performance, accident and incident history, existence of risk 
management or behavior-based practices at the railroad or railroad 
facility, number of employees employed at the railroad or railroad 
facility, and other relevant criteria determined by the Secretary.
    ``(c) Evaluation.--Not later than 6 months after the completion of 
the safety risk reduction program pilot program, the Secretary shall 
submit a report to Congress evaluating the pilot program, which shall 
include--
            ``(1) a summary of the railroad safety risk reduction pilot 
        program and description of the actions taken by the Secretary 
        and selected railroad or railroad facilities during the 
        program;
            ``(2) an analysis of the difference in the number and rates 
        of accidents, injuries, and fatalities at a selected railroad 
        or railroad facility before and after the implementation of the 
        risk reduction pilot program at a selected railroad or railroad 
        facility; and
            ``(3) guidelines on the preparation and implementation of 
        railroad safety risk reduction program for the railroad 
        carriers required to develop such plans under section 20157 
        that reflect that best practices developed during the pilot 
        program.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 is 
amended by inserting after the item relating to section 20155 the 
following:

``20156. Railroad safety risk reduction pilot program.''.

SEC. 104. RAILROAD SAFETY RISK REDUCTION PROGRAM.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 103, is amended by adding at end thereof the following:
``Sec. 20157. Railroad safety risk reduction program
    ``(a) In General.--
            ``(1) Program requirement.--Not later than 2 years after 
        the Secretary of Transportation submits the report required by 
        section 20156, the Secretary, by regulation, shall require each 
        railroad carrier that is a Class I railroad, a railroad carrier 
        that has inadequate safety performance (as determined by the 
        Secretary), or a railroad that provides intercity passenger or 
        commuter rail passenger transportation--
                    ``(A) to develop a railroad safety risk reduction 
                program under subsection (d) that systematically 
                evaluates railroad safety risks and manages those risks 
                in order to reduce the numbers and rates of railroad 
                accidents, injuries, and fatalities;
                    ``(B) to submit its program, including any required 
                plans, to the Federal Railroad Administration for its 
                review and approval; and
                    ``(C) to implement the program and plans approved 
                by the Federal Railroad Administration.
            ``(2) Reliance on pilot program.--The Secretary shall use 
        the information and experience gathered through the pilot 
        program under section 20156 in developing regulations under 
        this section.
            ``(3) Waivers.--The Secretary may grant a waiver under 
        section 20103(d) to a railroad carrier from compliance with all 
        or a part of the requirements of this section if the Secretary 
        determines that the safety performance of the railroad carrier 
        is sufficient to warrant the waiver.
            ``(4) Voluntary compliance.--A railroad carrier that is not 
        required to submit a railroad safety risk reduction program 
        under this section may voluntarily submit a program that meets 
        the requirements of this section to the Federal Railroad 
        Administration. The Federal Railroad Administration shall 
        approve or disapprove any program submitted under this 
        paragraph.
    ``(b) Certification.--The chief official responsible for safety of 
each railroad carrier required to submit a railroad safety risk 
reduction program under subsection (a) shall certify that the contents 
of the program are accurate and that the railroad will implement the 
contents of the program as approved by the Federal Railroad 
Administration.
    ``(c) Risk Analysis.--In developing its railroad safety risk 
reduction program each railroad required to submit such a program under 
subsection (a) shall identify and analyze the aspects of its railroad, 
including operating practices, infrastructure, equipment, employee 
levels and schedules, safety culture, management structure, employee 
training, and other matters, including those not covered by railroad 
safety regulations or other Federal regulations, that impact railroad 
safety.
    ``(d) Program Elements.--
            ``(1) In general.--Each railroad required to submit a 
        railroad safety risk reduction program under subsection (a) 
        shall develop a comprehensive safety risk reduction program to 
        improve safety by reducing the number and rates of accidents, 
        injuries, and fatalities that is based on the risk analysis 
        required by subsection (c) through--
                    ``(A) the mitigation of aspects that increase risks 
                to railroad safety; and
                    ``(B) the enhancement of aspects that decrease 
                risks to railroad safety.
            ``(2) Required components.--Each railroad's safety risk 
        reduction program shall include a technology implementation 
        plan that meets the requirements of subsection (e) and a 
        fatigue management plan that meets the requirements of 
        subsection (f).
    ``(e) Technology Implementation Plan.--
            ``(1) In general.--As part of its railroad safety risk 
        reduction program, a railroad required to submit a railroad 
        safety risk reduction program under subsection (a) shall 
        develop a 10-year technology implementation plan that describes 
        the railroad's plan for development, adoption, implementation, 
        and use of current, new, or novel technologies on its system 
        over a 10-year period to reduce safety risks identified under 
        the railroad safety risk reduction program.
            ``(2) Technology analysis.--A railroad's technology 
        implementation plan shall include an analysis of the safety 
        impact, feasibility, and cost and benefits of implementing 
        technologies, including processor-based technologies, positive 
        train control systems (as defined in section 20158(b)), 
        electronically controlled pneumatic brakes, rail integrity 
        inspection systems, rail integrity warning systems, switch 
        position indicators, trespasser prevention technology, highway 
        rail grade crossing technology, and other new or novel railroad 
        safety technology, as appropriate, that may mitigate risks to 
        railroad safety identified in the risk analysis required by 
        subsection (c).
            ``(3) Implementation schedule.--A railroad's technology 
        implementation plan shall contain a prioritized implementation 
        schedule for the development, adoption, implementation, and use 
        of current, new, or novel technologies on its system to reduce 
        safety risks identified under the railroad safety risk 
        reduction program.
    ``(f) Fatigue Management Plan.--
            ``(1) In general.--As part of its railroad safety risk 
        reduction program, a railroad required to submit a railroad 
        safety risk reduction program under subsection (a) for which 
        the analysis under subsection (c) has shown fatigue to be a 
        significant source of risk shall develop a fatigue management 
        plan that is designed to reduce the fatigue experienced by 
        safety-related railroad employees and to reduce the likelihood 
        of accidents, injuries, and fatalities caused by fatigue.
            ``(2) Targeted fatigue countermeasures.--A railroad's 
        fatigue management plan shall take into account the varying 
        circumstances of operations by the railroad on different parts 
        of its system, and shall prescribe appropriate fatigue 
        countermeasures to address those varying circumstances.
            ``(3) Additional elements.--A railroad shall consider the 
        need to include in its fatigue management plan elements 
        addressing each of the following items, as applicable:
                    ``(A) Employee education and training on the 
                physiological and human factors that affect fatigue, as 
                well as strategies to reduce or mitigate the effects of 
                fatigue, based on the most current scientific and 
                medical research and literature.
                    ``(B) Opportunities for identification, diagnosis, 
                and treatment of any medical condition that may affect 
                alertness or fatigue, including sleep disorders.
                    ``(C) Effects on employee fatigue of an employee's 
                short-term or sustained response to emergency 
                situations, such as derailments and natural disasters, 
                or engagement in other intensive working conditions.
                    ``(D) Scheduling practices for employees, including 
                innovative scheduling practices for employees, 
                including scheduling procedures, on-duty call 
                practices, work and rest cycles, increases in 
                consecutive days off for employees, changes in shift 
                patterns, appropriate scheduling practices for varying 
                types of work, and other aspects of employee scheduling 
                that would reduce employee fatigue and cumulative sleep 
                loss.
                    ``(E) Methods to minimize accidents and incidences 
                that occur as a result of working at times when 
                scientific and medical research have shown increased 
                fatigue disrupts employees' circadian rhythm.
                    ``(F) Alertness strategies, such as policies on 
                napping, to address acute sleepiness and fatigue while 
                an employee is on duty.
                    ``(G) Opportunities to obtain restful sleep at 
                lodging facilities, including employee sleeping 
                quarters provided by the railroad carrier.
                    ``(H) The increase of the number of consecutive 
                hours of off-duty rest, during which an employee 
                receives no communication from the employing railroad 
                carrier or its managers, supervisors, officers, or 
                agents.
                    ``(I) Avoidance of abrupt changes in rest cycles 
                for employees.
                    ``(J) Additional elements that the Secretary 
                considers appropriate.
    ``(g) Consensus.--
            ``(1) In general.--Each railroad required to submit a 
        railroad safety risk reduction program under subsection (a) 
        shall consult with, employ good faith and use its best efforts 
        to reach agreement with, all of its directly affected employees 
        on the contents of the safety risk reduction program.
            ``(2) Statement.--If the railroad carrier and its directly 
        affected employees, including any nonprofit employee labor 
        organization representing a class or craft of directly affected 
        employees of the railroad carrier, cannot reach consensus on 
        the proposed contents of the plan, then directly affected 
        employees and such organization may file a statement with the 
        Secretary explaining their views on the plan on which consensus 
        was not reached. The Secretary shall consider such views during 
        review and approval of the program.
    ``(h) Enforcement.--The Secretary shall have the authority to 
assess civil penalties pursuant to chapter 213 for a violation of this 
section, including the failure to submit, certify, or comply with a 
safety risk reduction program, technology implementation plan, or 
fatigue management plan.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 103, is further amended by inserting after the item 
relating to section 20156 the following:

``20157. Railroad safety risk reduction program.''.

SEC. 105. POSITIVE TRAIN CONTROL SYSTEM IMPLEMENTATION.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 104, is further amended by adding at end thereof the following:
``Sec. 20158. Positive train control system implementation
    ``(a) In General.--The Secretary of Transportation shall ensure 
that each railroad required to submit a railroad safety risk reduction 
program pursuant to section 20157 that includes in its technology 
implementation plan a schedule for implementation of a positive train 
control system complies with that schedule and implements its positive 
train control system by December 31, 2018, unless the Secretary 
determines that a railroad shall implement its positive train control 
system by an earlier date.
    ``(b) Positive Train Control System Defined.--The term `positive 
train control system' means a system designed to prevent train-to-train 
collisions, overspeed derailments, and incursions into roadway worker 
work limits.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 104, is further amended by inserting after the item 
relating to section 20157 the following:

``20158. Positive train control system implementation.''.

SEC. 106. HOURS OF SERVICE REFORM.

    (a) Change in Definition of Signal Employee.--Section 21101(4) is 
amended--
            (1) by striking ``employed by a railroad carrier''; and
            (2) by inserting ``railroad'' after ``maintaining''.
    (b) Limitation on Duty Hours of Train Employees.--Section 21103 is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Except as provided in subsection (c) of this 
section, a railroad carrier and its officers and agents may not require 
or allow a train employee to remain or go on duty--
            ``(1) for a period in excess of 12 consecutive hours;
            ``(2) unless the employee has had at least 10 consecutive 
        hours off duty during the prior 24 hours; or
            ``(3) unless the employee has had at least one period of at 
        least 24 consecutive hours off duty in the past 7 consecutive 
        days.
The Secretary may waive paragraph (3) if a collective bargaining 
agreement provides a different arrangement and such arrangement 
provides an equivalent level of safety and protection against fatigue 
for affected employees.'';
            (2) by striking subsection (b)(4) and inserting the 
        following:
            ``(4)(A)(i) Time spent waiting for or in deadhead 
        transportation to a duty assignment and, except as provided in 
        clauses (ii) and (iii), time spent waiting for or in deadhead 
        transportation from a duty assignment to the place of final 
        release is time on duty.
            ``(ii) Time spent waiting for or in deadhead transportation 
        from a duty assignment to a place of final release is neither 
        time on duty nor time off duty in situations involving delays 
        in the operations of the railroad carrier, when delays were 
        caused by--
                    ``(I) a casualty;
                    ``(II) an accident;
                    ``(III) a track obstruction;
                    ``(IV) an act of God;
                    ``(V) a severe weather event;
                    ``(VI) a severe snowstorm;
                    ``(VII) a landslide;
                    ``(VIII) a track or bridge washout;
                    ``(IX) a derailment;
                    ``(X) a major equipment failure which prevents a 
                train from advancing; or
                    ``(XI) any other delay from a cause unknown or 
                unforeseeable to a railroad carrier and its officers 
                and agents in charge of the employee when the employee 
                left a designated terminal.
            ``(iii) In addition to any time qualifying as neither on 
        duty nor off duty under clause (ii), the railroad carrier may 
        elect to treat not more than 4 hours a day and not more than 30 
        hours a month per employee of time spent waiting for or in 
        deadhead transportation to the place of final release as 
        neither time on duty nor time off duty for 3 years after the 
        date of enactment of the Railroad Safety Enhancement Act of 
        2007.
            ``(B) Each railroad shall report to the Secretary, in 
        accordance with the procedures contained in section 228.19 of 
        title 49, Code of Federal Regulations, each instance in which 
        an employee subject to this section spends time waiting for of 
        in deadhead transportation from a duty assignment to the place 
        of final release that is not time on duty.
            ``(C) If--
                    ``(i) the time spent waiting for or in deadhead 
                transportation from a duty assignment to the place of 
                final release, that is not time on duty, plus
                    ``(ii) the time on duty,
        exceeds 12 consecutive hours, the railroad carrier and its 
        officers and agents shall provide, at the election of the 
        employees subject to this section, employees with additional 
        time off duty equal to the number of hours that such sum 
        exceeds 12 hours.''; and
            (3) by adding at the end the following:
    ``(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 (as defined by the Secretary). The 
Secretary may waive the requirements of this paragraph, subject to 
section 20103, for a railroad that provides commuter or intercity 
passenger transportation if the Secretary determines that it is 
necessary to maintain that railroad's efficient operations and on-time 
performance of its trains.''.
    (c) Limitation on Duty Hours of Signal Employees.--Section 21104 is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Except as provided in subsection (c) of this 
section, a railroad carrier, its officers and agents, and a contractor 
or subcontractor to a railroad may not require or allow a signal 
employee to remain or go on duty--
            ``(1) for a period in excess of 12 consecutive hours; or
            ``(2) unless the employee has had at least 10 consecutive 
        hours off duty during the prior 24 hours.'';
            (2) by striking ``duty, except that up to one hour of that 
        time spent returning from the final trouble call of a period of 
        continuous or broken service is time off duty.'' in subsection 
        (b)(3) and inserting ``duty.'';
            (3) by adding ``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.'' at the end of subsection 
        (c); and
            (4) by adding at the end the following:
    ``(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 (as defined by the Secretary).
    ``(e) Exclusivity.--The hours of service, duty hours, and rest 
periods of signal employees shall be governed exclusively by this 
chapter. Signal employees operating motor vehicles shall not be subject 
to any hours of service rules, duty hours, or rest period rules 
promulgated by any Federal authority, including the Federal Motor 
Carrier Safety Administration, other than the Federal Railroad 
Administration.''.
    (d) Regulatory Authority.--
            (1) In general.--Chapter 211 is amended by adding at the 
        end thereof the following:
``Sec. 21109. Regulatory authority
    ``(a) In General.--The Secretary of Transportation may issue 
regulations--
            ``(1) to reduce the maximum hours an employee or class of 
        employees may be required or allowed to go or remain on duty to 
        a level less than the level established under this chapter;
            ``(2) to increase the minimum hours an employee or class of 
        employees may be required to rest to a level greater than the 
        level established under this chapter; or
            ``(3) to make other changes to the maximum hours or minimum 
        hours an employee or class of employees may be allowed to go or 
        remain on duty, or may be required to rest, that will 
        significantly increase safety.
    ``(b) Reduction of Limbo Time.--Not later than 2 years after the 
date of enactment of the Railroad Safety Enhancement Act of 2007, the 
Secretary shall issue regulations that limit the time an employee 
spends waiting for or in deadhead transportation to the place of final 
release to be considered neither on duty nor off duty under section 
21103(b)(4)(A)(iii) to a number of hours per day and per month per 
employee that is necessary to maintain an adequate level of safety, not 
to exceed 20 hours per month.
    ``(c) Considerations.--In issuing regulations pursuant to 
subsection (a) and (b), the Secretary shall consider the variations in 
freight and passenger railroad scheduling practices, the variations in 
duties performed by employees subject to this chapter, the railroad's 
required or voluntary use of fatigue management plans covering 
employees subject to this chapter, scientific or medical research or 
knowledge related to fatigue, the railroad's use of new or novel 
technology intended to eliminate human error, and any other relevant 
factors.
    ``(d) Time Limits.--If the Secretary requests that the Railroad 
Safety Advisory Committee accept the task of developing regulations 
under subsection (a) and (b) and the Committee accepts the task, the 
Committee shall reach consensus on the rulemaking within 24 months 
after accepting the task. If the Committee does not reach consensus 
within 24 months after the Secretary makes the request, the Secretary 
shall prescribe appropriate regulations within 1 year. If the Secretary 
does not request that the Railroad Safety Advisory Committee accept the 
task of developing regulations under subsections (a) and (b), the 
Secretary shall issue regulations within 3 years.
    ``(e) Pilot Projects.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Railroad Safety Enhancement Act of 2007, the 
        Secretary shall conduct 2 pilot projects to analyze specific 
        practices which may be used to reduce fatigue for railroad 
        employees as follows:
                    ``(A) A pilot project at a railroad or railroad 
                facility to evaluate the efficacy of communicating to 
                employees notice of their assigned shift time 10 hours 
                prior to the beginning of their assigned shift as a 
                method for reducing employee fatigue.
                    ``(B) A pilot project at a railroad or railroad 
                facility to evaluate the efficacy of requiring 
                railroads who use employee scheduling practices that 
                subject employees to periods of unscheduled duty calls 
                to assign employees to defined or specific unscheduled 
                call shifts that are followed by shifts not subject to 
                call, as a method for reducing employee fatigue.
            ``(2) Waiver.--The Secretary may temporarily waive the 
        requirements of this section, if necessary, to complete a pilot 
        project under this subsection.
    ``(f) Duty Call Defined.--In this section the term `duty call' 
means a telephone call that a railroad places to an employee to notify 
the employee of his or her assigned shift time.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        211 is amended by adding at the end thereof the following:

``21109. Regulatory authority.''.

SEC. 107. PROTECTION OF RAILROAD SAFETY RISK ANALYSES INFORMATION.

    (a) Amendment.--Subchapter I of chapter 201 is amended by adding at 
the end thereof the following:
``Sec. 20118. Prohibition on public disclosure of required railroad 
              safety analyses records
    ``(a) In General.--Notwithstanding section 552 of title 5 or any 
other provision of law, except as necessary for enforcement of any 
provision of Federal law by the Secretary of Transportation or by 
another Federal agency, the Secretary shall not disclose publicly any 
part of any record (including, but not limited to, a railroad carrier's 
analysis of its safety risks and its statement of the mitigation 
measures it has identified with which to address those risks) that the 
Secretary has obtained pursuant to a provision of, or regulation or 
order under, this chapter related to the establishment, implementation, 
or modification of a railroad safety risk reduction program if the 
record is--
            ``(1) supplied to the Secretary pursuant to that safety 
        risk reduction program; or
            ``(2) made available for inspection and copying by an 
        officer, employee, or agent of the Secretary pursuant to that 
        safety risk reduction program.
    ``(b) Exception.--Notwithstanding subsection (a), the Secretary may 
disclose any part of any record comprised of facts otherwise available 
to the public if, in the Secretary's sole discretion, the Secretary 
determines that disclosure would be consistent with the confidentiality 
needed for that safety risk reduction program.
    ``(c) Discretionary Prohibition of Disclosure.--The Secretary may 
prohibit the public disclosure of risk or risk mitigation analyses that 
the Secretary has obtained under other provisions of, or regulations or 
orders under, this chapter if the Secretary determines that the 
prohibition of public disclosure is necessary to promote railroad 
safety.
``Sec. 20119. Discovery and admission into evidence of certain reports 
              and surveys
    ``Notwithstanding any other provision of law, no part of any 
report, survey, schedule, list, or data compiled or collected for the 
purpose of evaluating, planning, or implementing a railroad safety risk 
reduction program or other risk or risk mitigation analysis designated 
by the Secretary of Transportation under section 20118(c) pursuant to a 
provision of, or regulation or order under, this chapter (including a 
railroad carrier's analysis of its safety risks and its statement of 
the mitigation measures with which it will address those risks) shall 
be subject to discovery or admitted into evidence in a Federal or State 
court proceeding, or considered for another purpose, in any action by a 
private party or parties for damages against the carrier, or its 
officers, employees, or contractors. The preceding sentence does not 
apply to any report, survey, list, or data otherwise available to the 
public.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 is 
amended by inserting after the item relating to section 20117 the 
following:

``20118. Prohibition on public disclosure of required railroad safety 
                            risk analyses.
``20119. Discovery and admission into evidence of certain reports and 
                            surveys.''.

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

SEC. 201. PEDESTRIAN CROSSING SAFETY.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall provide guidance to railroads on strategies and methods 
to prevent pedestrian accidents, injuries, and fatalities at or near 
passenger stations, including--
            (1) providing audible warning of approaching trains to the 
        pedestrians at railroad passenger stations;
            (2) using signs, signals, or other visual devices to warn 
        pedestrians of approaching trains;
            (3) installing infrastructure at pedestrian crossings to 
        improve the safety of pedestrians crossing railroad tracks;
            (4) installing fences to prohibit access to railroad 
        tracks; and
            (5) other strategies or methods as determined by the 
        Secretary.

SEC. 202. STATE ACTION PLANS.

    (a) In General.--Beginning not later than 6 months after the date 
of enactment of this Act, the Secretary shall identify on an annual 
basis the 10 States that receive Federal funds for highway-rail grade 
crossing safety projects that have had the most highway-rail grade 
crossing collisions in the preceding fiscal year. The Secretary shall 
require as a condition of receiving such funds in the future (in 
addition to any requirements imposed under any other provision of law) 
that each of these States develop a State Grade Crossing Action Plan 
that identifies specific solutions for improving safety at crossings, 
including highway-rail grade crossing closures or grade separations, 
particularly at crossings that have experienced multiple accidents, and 
shall provide assistance to the States in developing the plan.
    (b) Review and Approval.--Not later than 60 days after the 
Secretary receives a plan under subsection (a), the Secretary shall 
review and approve or disapprove it. If the proposed plan is not 
approved, the Secretary shall notify the affected State as to the 
specific points in which the proposed plan is deficient, and the State 
shall correct all deficiencies within 30 days following receipt of 
written notice from the Secretary.

SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL GRADE 
              CROSSINGS.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 105 of this Act, is further amended by inserting after section 
20158 the following:
``Sec. 20159. Roadway user sight distance at highway-rail grade 
              crossings
    ``(a) In General.--Not later than 18 months after the date of 
enactment of the Railroad Safety Enhancement Act of 2007, the Secretary 
of Transportation shall prescribe regulations that require each 
railroad carrier to remove from its 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 such crossings;
            ``(2) factors affecting the timeliness and effectiveness of 
        roadway user decisionmaking, including the maximum allowable 
        roadway speed, maximum authorized train speed, angle of 
        intersection, and topography;
            ``(3) the presence or absence of other sight distance 
        obstructions off the railroad right-of-way; and
            ``(4) any other factors affecting safety at such crossings.
    ``(b) Protected Vegetation.--In promulgating regulations pursuant 
to this section, the Secretary may make allowance for preservation of 
trees and other ornamental or protective growth where State or local 
law or policy would otherwise protect the vegetation from removal and 
where the roadway authority or private crossing holder is notified of 
the sight distance obstruction and, within a reasonable period 
specified by the regulation, takes appropriate action to abate the 
hazard to roadway users (such as by closing the crossing, posting 
supplementary signage, installing active warning devices, lowering 
roadway speed, or installing traffic calming devices).
    ``(c) Model Legislation.--Not later than 18 months after the date 
of enactment of the Railroad Safety Enhancement Act of 2007, the 
Secretary, after consultation with the Federal Railroad Administration, 
the Federal Highway Administration, and States, shall develop and make 
available to States model legislation providing for improving safety by 
addressing sight obstructions, at highway-rail grade crossings that are 
equipped solely with passive warnings, as recommended by the Inspector 
General of the Department of Transportation in Report No. MH-2007-
044.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 105 of this Act, is amended by inserting after the 
item relating to section 20158 the following new item:

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

SEC. 204. NATIONAL CROSSING INVENTORY.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 203 of this Act, is further amended by adding at the end the 
following new section:
``Sec. 20160. National crossing inventory
    ``(a) Initial Reporting of Information About Previously Unreported 
Crossings.--Not later than 1 year after the date of enactment of the 
Railroad Safety Enhancement Act of 2007 or 6 months after a new 
crossing becomes operational, whichever occurs later, each railroad 
carrier shall--
            ``(1) report to the Secretary of Transportation current 
        information, including information about warning devices and 
        signage, as specified by the Secretary, concerning each 
        previously unreported crossing through which it operates; or
            ``(2) ensure that the information has been reported to the 
        Secretary by another railroad carrier that operates through the 
        crossing.
    ``(b) Updating of Crossing Information.--
            ``(1) On a periodic basis beginning not later than 2 years 
        after the date of enactment of the Railroad Safety Enhancement 
        Act of 2007 and on or before September 30 of every year 
        thereafter, or as otherwise specified by the Secretary, each 
        railroad carrier shall--
                    ``(A) report to the Secretary current information, 
                including information about warning devices and 
                signage, as specified by the Secretary, concerning each 
                crossing through which it operates; or
                    ``(B) ensure that the information has been reported 
                to the Secretary by another railroad carrier that 
                operates through the crossing.
            ``(2) A railroad carrier that sells a crossing or any part 
        of a crossing on or after the date of enactment of the Railroad 
        Safety Enhancement Act of 2007 shall, not later than the date 
        that is 18 months after the date of enactment of that Act or 3 
        months after the sale, whichever occurs later, or as otherwise 
        specified by the Secretary, report to the Secretary current 
        information, as specified by the Secretary, concerning the 
        change in ownership of the crossing or part of the crossing.
    ``(c) Rulemaking Authority.--The Secretary shall prescribe the 
regulations necessary to implement this section. The Secretary may 
enforce each provision of the Department of Transportation's statement 
of the national highway-rail crossing inventory policy, procedures, and 
instruction for States and railroads that is in effect on the date of 
enactment of the Railroad Safety Enhancement Act of 2007, until such 
provision is superseded by a regulation issued under this section.
    ``(d) Definitions.--In this section:
            ``(1) Crossing.--The term `crossing' means a location 
        within a State, other than a location where one or more 
        railroad tracks cross one or more railroad tracks either at 
        grade or grade-separated, where--
                    ``(A) a public highway, road, or street, or a 
                private roadway, including associated sidewalks and 
                pathways, crosses one or more railroad tracks either at 
                grade or grade-separated; or
                    ``(B) a pathway explicitly authorized by the 
                property owner that is dedicated for the use of 
                nonvehicular traffic, including pedestrians, 
                bicyclists, and others, that is not associated with a 
                public highway, road, or street, or a private roadway, 
                crosses one or more railroad tracks either at grade or 
                grade-separated.
            ``(2) State.--The term `State' means a State of the United 
        States, the District of Columbia, or the Commonwealth of Puerto 
        Rico.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 203 of this Act, is amended by inserting after the 
item relating to section 20159 the following:

``20160. 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 Railroad Safety 
        Enhancement Act of 2007 or within 6 months of a new crossing 
        becoming operational, whichever occurs later, each State shall 
        report to the Secretary of Transportation current information, 
        including information about warning devices and signage, as 
        specified by the Secretary, concerning each previously 
        unreported crossing located within its borders.
            ``(2) Periodic updating of crossing information.--On a 
        periodic basis beginning not later than 2 years after the date 
        of enactment of the Railroad Safety Enhancement Act of 2007 and 
        on or before September 30 of every year thereafter, or as 
        otherwise specified by the Secretary, each State shall report 
        to the Secretary current information, including information 
        about warning devices and signage, as specified by the 
        Secretary, concerning each crossing located within its borders.
            ``(3) Rulemaking authority.--The Secretary shall prescribe 
        the regulations necessary to implement this subsection. The 
        Secretary may enforce each provision of the Department of 
        Transportation's statement of the national highway-rail 
        crossing inventory policy, procedures, and instructions for 
        States and railroads that is in effect on the date of enactment 
        of the Railroad Safety Enhancement Act of 2007, until such 
        provision is superseded by a regulation issued under this 
        subsection.
            ``(4) Definitions.--In this subsection, the terms 
        `crossing' and `State' have the meaning given those terms by 
        section 20160(d)(1) and (2), respectively, of title 49.''.
    (d) Civil Penalties.--(1) Section 21301(a)(1) is amended--
            (A) by inserting ``with section 20160 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) is amended by inserting ``The Secretary 
shall impose a civil penalty for a violation of section 20160 of this 
title.'' after the first sentence.

SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING PROBLEMS.

    (a) In General.--Section 20152 is amended to read as follows:
``Sec. 20152. Notification of grade crossing problems
    ``Not later than 18 months after the date of enactment of the 
Railroad Safety Enhancement Act of 2007, the Secretary of 
Transportation shall require each railroad carrier to--
            ``(1) establish and maintain a telephone service, which may 
        be required to be a toll-free telephone for specific railroad 
        carriers as determined by the Secretary to be appropriate, for 
        rights-of-way over which it dispatches trains, to directly 
        receive calls reporting--
                    ``(A) malfunctions of signals, crossing gates, and 
                other devices to promote safety at the grade crossing 
                of railroad tracks on those rights-of-way and public or 
                private roads;
                    ``(B) disabled vehicles blocking railroad tracks at 
                such grade crossings;
                    ``(C) obstructions to the view of a pedestrian or a 
                vehicle operator for a reasonable distance in either 
                direction of a train's approach; or
                    ``(D) other safety information involving such grade 
                crossings;
            ``(2) upon receiving a report pursuant to paragraph (1)(A) 
        or (B), immediately contact trains operating near the grade 
        crossing to warn them of the malfunction or disabled vehicle;
            ``(3) upon receiving a report pursuant to paragraph (1)(A) 
        or (B), and after contacting trains pursuant to paragraph (2), 
        contact, as necessary, appropriate public safety officials 
        having jurisdiction over the grade crossing to provide them 
        with the information necessary for them to direct traffic, 
        assist in the removal of the disabled vehicle, or carry out 
        other activities as appropriate;
            ``(4) upon receiving a report pursuant to paragraph (1)(C) 
        or (D), timely investigate the report, remove the obstruction 
        if possible, or correct the unsafe circumstance; and
            ``(5) ensure the placement at each grade crossing on 
        rights-of-way that it owns of appropriately located signs, on 
        which shall appear, at a minimum--
                    ``(A) a telephone number to be used for placing 
                calls described in paragraph (1) to the railroad 
                carrier dispatching trains on that right-of-way;
                    ``(B) an explanation of the purpose of that 
                telephone number; and
                    ``(C) the grade crossing number assigned for that 
                crossing by the National Highway-Rail Crossing 
                Inventory established by the Department of 
                Transportation.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 is 
amended by striking the item relating to section 20152 and inserting 
the following:

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

SEC. 206. OPERATION LIFESAVER.

    (a) Grant.--The Federal Railroad Administration shall make a grant 
or grants to Operation Lifesaver to carry out a public information and 
education program to help prevent and reduce pedestrian, motor vehicle, 
and other incidents, injuries, and fatalities, and to improve awareness 
along railroad rights-of-way and at highway-rail grade crossings. This 
includes development, placement, and dissemination of Public Service 
Announcements in newspaper, radio, television, and other media. It will 
also include school presentations, brochures and materials, support for 
public awareness campaigns, and related support for the activities of 
Operation Lifesaver's member organizations. As part of an educational 
program funded by grants awarded under this section, Operation 
Lifesaver shall provide information to the public on how to identify 
and report to the appropriate authorities unsafe or malfunctioning 
highway-rail grade crossings.
    (b) Pilot Program.--The Secretary may allow funds provided under 
subsection (a) also to be used by Operation Lifesaver to implement a 
pilot program, to be known as the Railroad Safety Public Awareness 
Program, that addresses the need for targeted and sustained community 
outreach on the subjects described in subsection (a). Such a pilot 
program shall be established in 1 or more States identified under 
section 202 of this Act. In carrying out such a pilot program Operation 
Lifesaver shall work with the State, community leaders, school 
districts, and public and private partners to identify the communities 
at greatest risk, to develop appropriate measures to reduce such risks, 
and shall coordinate the pilot program with the State grade crossing 
action plan.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Federal Railroad Administration for carrying out 
this section--
            (1) $2,000,000 for each of fiscal years 2008, 2009, and 
        2010; and
            (2) $1,500,000 for each of fiscal years 20011, 2012, and 
        2013.

SEC. 207. TRESPASSER PREVENTION AND HIGHWAY-RAIL CROSSING SAFETY.

    (a) Trespasser Prevention and Highway-Rail Grade Crossing Warning 
Sign Violations.--Section 20151 is amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 20151. Railroad trespassing, vandalism, and highway-rail grade 
              crossing warning sign violation prevention strategy'';
            (2) by striking subsection (a) and inserting the following:
    ``(a) Evaluation of Existing Laws.--In consultation with affected 
parties, the Secretary of Transportation shall evaluate and review 
current local, State, and Federal laws regarding trespassing on 
railroad property, vandalism affecting railroad safety, and violations 
of highway-rail grade crossing warning signs and develop model 
prevention strategies and enforcement laws to be used for the 
consideration of State and local legislatures and governmental 
entities. The first such evaluation and review concerning violations of 
grade crossing signals shall be completed within 1 year after the date 
of enactment of the Railroad Safety Enhancement Act of 2007. The 
Secretary shall revise the model prevention strategies and enforcement 
codes periodically.'';
            (3) by inserting ``for Trespassing and Vandalism 
        Prevention'' in the subsection heading of subsection (b) 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 Railroad 
Safety Enhancement Act of 2007, the Secretary, after consultation with 
State and local governments and railroad carriers, shall develop and 
make available to State and local governments model State legislation 
providing for civil or criminal penalties, or both, for violations of 
highway-rail grade crossing warning signs.''; and
            (5) by adding at the end the following new subsection:
    ``(d) Definition.--In this section, the term `violation of highway-
rail grade crossing warning signs' includes any action by a motorist, 
unless directed by an authorized safety officer--
            ``(1) to drive around a grade crossing gate in a position 
        intended to block passage over railroad tracks;
            ``(2) to drive through a flashing grade crossing signal;
            ``(3) to drive through a grade crossing with passive 
        warning signs without ensuring that the grade crossing could be 
        safely crossed before any train arrived; and
            ``(4) in the vicinity of a grade crossing, who creates a 
        hazard of an accident involving injury or property damage at 
        the grade crossing.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 of 
title 49, United States Code, is amended by striking the item relating 
to section 20151 and inserting the following:

``20151. Railroad trespassing, vandalism, and highway-rail grade 
                            crossing warning sign violation prevention 
                            strategy.''.
    (c) Educational or Awareness Program Items for Distribution.--
Section 20134(a) is amended by adding at the end of the subsection the 
following: ``The Secretary may purchase items of nominal value and 
distribute them to the public without charge as part of an educational 
or awareness program to accomplish the purposes of this section and of 
any other sections of this title related to improving the safety of 
highway-rail crossings and to preventing trespass on railroad rights of 
way, and the Secretary shall prescribe guidelines for the 
administration of this authority.''.

SEC. 208. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO IMPROVE SAFETY AT 
              HIGHWAY-RAIL GRADE CROSSINGS.

    (a) Amendment.--Subchapter II of chapter 201, as amended by section 
204 of this Act, is further amended by adding at the end the following:
``Sec. 20161. Fostering introduction of new technology to improve 
              safety at highway-rail grade crossings
    ``(a) Findings.--The Congress finds the following:
            ``(1) Collisions between highway users and trains at 
        highway-rail grade crossings continue to cause loss of life and 
        serious personal injury and also threaten the safety of rail 
        transportation.
            ``(2) While elimination of at-grade crossings through 
        consolidation of crossings and grade separations offers the 
        greatest long-term promise for optimizing the safety and 
        efficiency of the two modes of transportation, over 140,000 
        public grade crossings remain on the general rail system--
        approximately one for each route mile on the general rail 
        system.
            ``(3) Conventional highway traffic control devices such as 
        flashing lights and gates are effective in warning motorists of 
        a train's approach to an equipped crossing.
            ``(4) Since enactment of the Highway Safety Act of 1973, 
        over $4,200,000,000 of Federal funding has been invested in 
        safety improvements at highway-rail grade crossings, yet a 
        majority of public highway-rail grade crossings are not yet 
        equipped with active warning systems.
            ``(5) The emergence of new technologies supporting 
        Intelligent Transportation Systems presents opportunities for 
        more effective and affordable warnings and safer passage of 
        highway users and trains at remaining highway-rail grade 
        crossings.
            ``(6) Implementation of new crossing safety technology will 
        require extensive cooperation between highway authorities and 
        railroad carriers.
            ``(7) Federal Railroad Administration regulations 
        establishing performance standards for processor-based signal 
        and train control systems provide a suitable framework for 
        qualification of new or novel technology at highway-rail grade 
        crossings, and the Federal Highway Administration's Manual on 
        Uniform Traffic Control Devices provides an appropriate means 
        of determining highway user interface with such new technology.
    ``(b) Policy.--It is the policy of the Department of Transportation 
to encourage the development of new technology that can prevent loss of 
life and injuries at highway-rail grade crossings. The Secretary of 
Transportation shall carry out this policy in consultation with States 
and necessary public and private entities.
    ``(c) Effect of Secretarial Approval.--If the Secretary approves 
new technology to provide warning to highway users at a highway-rail 
grade crossing and such technology is installed at a highway-rail grade 
crossing in accordance with the conditions of the approval, this 
determination preempts any State law concerning the adequacy of the 
technology in providing warning at the crossing. Under no circumstances 
may a person (including a State, other public authority, railroad 
carrier, system designer, or supplier of the technology) be held liable 
for damages for any harm to persons or property because of an accident 
or incident at the crossing protected by such technology based upon the 
carrier's failure to properly inspect and maintain such technology, if 
the carrier has inspected and maintained the technology in accordance 
with the terms of the Secretary's approval.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 204 of this Act, is further amended by inserting 
after the item relating to section 20160, the following:

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

               TITLE III--FEDERAL RAILROAD ADMINISTRATION

SEC. 301. HUMAN CAPITAL INCREASES.

    (a) In General.--The Secretary shall increase the number of Federal 
Railroad Administration employees by--
            (1) 25 employees in fiscal year 2008;
            (2) 50 employees in fiscal year 2009;
            (3) 50 employees in fiscal year 2010;
            (4) 25 employees in fiscal year 2011;
            (5) 25 employees in fiscal year 2012; and
            (6) 25 employees in fiscal year 2013.
    (b) Functions.--In increasing the number of employees pursuant to 
subsection (a), the Secretary shall focus on hiring employees--
            (1) specifically trained to conduct on-site railroad and 
        highway-rail grade crossing accident investigations;
            (2) to implement the Railroad Safety Strategy;
            (3) to administer and implement the Railroad Safety Risk 
        Reduction Pilot Program and the Railroad Safety Risk Reduction 
        Program;
            (4) to implement section 20166 of title 49, United States 
        Code, and to focus on encouragement and oversight of the use of 
        new or novel rail safety technology;
            (5) to conduct routine inspections and audits of railroad 
        and hazardous materials facilities and records for compliance 
        with railroad safety laws and regulations; and
            (6) to support the Federal Railroad Administration's safety 
        mission.

SEC. 302. CIVIL PENALTY INCREASES.

    (a) General Violations of Chapter 201.--Section 21301(a)(2) is 
amended--
            (1) by striking ``$10,000'' and inserting ``$25,000''; and
            (2) by striking ``$20,000'' and inserting ``$100,000''.
    (b) Accident and Incident Violations of Chapter 201; Violations of 
Chapters 203 Through 209.--Section 21302(a)(2) is amended--
            (1) by striking ``$10,000'' and inserting ``$25,000''; and
            (2) by striking ``$20,000'' and inserting ``$100,000''.
    (c) Violations of Chapter 211.--Section 21303(a)(2) is amended--
            (1) by striking ``$10,000'' and inserting ``$25,000''; and
            (2) by striking ``$20,000'' and inserting ``$100,000''.

SEC. 303. ENFORCEMENT REPORT.

    (a) In General.--Subchapter I of chapter 201, as amended by section 
107 of this Act, is amended by adding at the end the following:
``Sec. 20120. Enforcement Report.
    ``(a) In General.--Not later than December 31, 2008, the Secretary 
of Transportation shall make available to the public and publish on its 
public website an annual report that--
            ``(1) provides a summary of railroad safety and hazardous 
        materials compliance inspections and audits that Federal or 
        state inspectors conducted in the prior fiscal year organized 
        by type of alleged violation, including track, motive power and 
        equipment, signal, grade crossing, operating practices, 
        accident and incidence reporting, and hazardous materials;
            ``(2) provides a summary of all enforcement actions taken 
        by the Secretary or the Federal Railroad Administration during 
        the prior fiscal year, including--
                    ``(A) the number of civil penalties assessed 
                against railroad carriers, hazardous material shippers, 
                and individuals;
                    ``(B) the initial amount of civil penalties 
                assessed against railroad carriers, hazardous materials 
                shippers, and individuals;
                    ``(C) the number of civil penalty cases settled 
                against railroad carriers, hazardous material shippers, 
                and individuals;
                    ``(D) the final amount of civil penalties assessed 
                against railroad carriers, hazardous materials 
                shippers, and individuals;
                    ``(E) the difference between the initial and final 
                amounts of civil penalties assessed against railroad 
                carriers, hazardous materials shippers, and 
                individuals;
                    ``(F) the number of administrative hearings 
                requested and completed related to hazardous materials 
                transportation law violations or enforcement actions 
                against individuals;
                    ``(G) the number of cases referred to the Attorney 
                General for civil or criminal prosecution;
                    ``(H) the number and subject matter of all 
                compliance orders, emergency orders or precursor 
                agreements;
            ``(3) analyzes the effect of the number of inspections 
        conducted and enforcement actions taken on the number and rate 
        of reported accidents and incidents and railroad safety;
            ``(4) identifies the number of locomotive engineer 
        certification denial or revocation cases appealed to and the 
        average length of time it took to be decided by--
                    ``(A) the Locomotive Engineer Review Board;
                    ``(B) an Administrative Hearing Officer or 
                Administrative Law Judge; or
                    ``(C) the Administrator of the Federal Railroad 
                Administration;
            ``(5) provides any explanation regarding changes in the 
        Secretary's or the Federal Railroad Administration's 
        enforcement programs or policies that may substantially affect 
        the information reported; and
            ``(6) includes any additional information that the 
        Secretary determines is useful to improve the transparency of 
        its enforcement program.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 107 of this Act, is amended by inserting after the 
item relating to section 20119 the following:

``20120. Enforcement report.''.

SEC. 304. PROHIBITION OF INDIVIDUALS FROM PERFORMING SAFETY-SENSITIVE 
              FUNCTIONS FOR A VIOLATION OF HAZARDOUS MATERIALS 
              TRANSPORTATION LAW.

    Section 20111(c) is amended to read as follows:
    ``(c) Orders Prohibiting Individuals From Performing Safety-
Sensitive Functions.--
            ``(1) If an individual's violation of this part, chapter 51 
        of this title, or a regulation prescribed, or an order issued, 
        by the Secretary under this part or chapter 51 of this title is 
        shown to make that individual unfit for the performance of 
        safety-sensitive functions, the Secretary, after providing 
        notice and an opportunity for a hearing, may issue an order 
        prohibiting the individual from performing safety-sensitive 
        functions in the railroad industry for a specified period of 
        time or until specified conditions are met.
            ``(2) This subsection does not affect the Secretary's 
        authority under section 20104 of this title to act on an 
        emergency basis.''.

SEC. 305. RAILROAD RADIO MONITORING AUTHORITY.

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

SEC. 306. EMERGENCY WAIVERS.

    Section 20103 is amended--
            (1) by striking subsection (e) and inserting the following:
    ``(e) Hearings.--Except as provided in subsection (g) of this 
section, the Secretary shall conduct a hearing as provided by section 
553 of title 5 when prescribing a regulation or issuing an order under 
this chapter, including a regulation or order establishing, amending, 
or waiving compliance with a railroad safety regulation prescribed or 
order issued under this chapter. An opportunity for an oral 
presentation shall be provided.''; and
            (2) by adding at the end thereof the following:
    ``(g) Emergency Waivers.--
            ``(1) In general.--The Secretary shall prescribe procedures 
        concerning the handling of requests for waivers of regulations 
        prescribed or orders issued under this chapter in emergency 
        situations and may prescribe temporary emergency waiver 
        procedures without first providing an opportunity for public 
        comment. The Secretary may grant a waiver request if the waiver 
        is directly related to the emergency event or necessary to aid 
        in any recovery efforts and is in the public interest and 
        consistent with railroad safety. The relief shall not extend 
        for a period of more than 9 months, including the period of the 
        relief granted under any renewal of the waiver pursuant to the 
        emergency waiver procedures. For matters that may impact the 
        missions of the Department of Homeland Security, the Secretary 
        of Transportation shall consult and coordinate with the 
        Secretary of Homeland Security as soon as practicable.
            ``(2) Waiver before hearing.--If, under the emergency 
        waiver procedures established under paragraph (1) of this 
        subsection, the Secretary determines the public interest would 
        be better served by addressing a request for waiver prior to 
        providing an opportunity for a hearing under section 553 of 
        title 5 and an oral presentation, the Secretary may act on the 
        waiver request and, if the request is granted, the Secretary 
        shall subsequently provide notice and an opportunity for a 
        hearing and oral presentation pursuant to procedures prescribed 
        under paragraph (1) of this subsection. Should the Secretary 
        receive comment or a request for oral presentation on a waiver 
        request after granting the waiver, the Secretary may take any 
        necessary action with regard to that waiver (including 
        rescission or modification) based on the newly acquired 
        information.
            ``(3) Emergency situation; emergency event.--In this 
        subsection, the terms `emergency situation' and `emergency 
        event' mean a natural or manmade disaster, such as a hurricane, 
        flood, earthquake, mudslide, forest fire, snowstorm, terrorist 
        act, biological outbreak, release of a dangerous radiological, 
        chemical, explosive, or biological material, or a war-related 
        activity, that poses a risk of death, serious illness, severe 
        injury, or substantial property damage. The disaster may be 
        local, regional, or national in scope.''.

SEC. 307. FEDERAL RAIL SECURITY OFFICERS' ACCESS TO INFORMATION.

    (a) Amendment.--Chapter 281 is amended by adding at the end thereof 
the following:
``Sec. 28104. Federal rail security officers' access to information
    ``(a) Access to Records or Database Systems by the Administrator of 
the Federal Railroad Administration.--
            ``(1) In general.--The Administrator of the Federal 
        Railroad Administration is authorized to have access to a 
        system of documented criminal justice information maintained by 
        the Department of Justice or by a State for the purpose of 
        carrying out the civil and administrative responsibilities of 
        the Administrator to protect the safety, including security, of 
        railroad operations and for other purposes authorized by law, 
        including the National Crime Prevention and Privacy Compact (42 
        U.S.C. 14611-14616). The Administrator shall be subject to the 
        same conditions or procedures established by the Department of 
        Justice or State for access to such an information system by 
        other governmental agencies with access to the system.
            ``(2) Limitation.--The Administrator may not use the access 
        authorized under paragraph (1) to conduct criminal 
        investigations.
    ``(b) Designated Employees of the Federal Railroad 
Administration.--The Administrator shall, by order, designate each 
employee of the Administration whose primary responsibility is rail 
security who shall carry out the authority described in subsection (a). 
The Administrator shall strictly limit access to a system of documented 
criminal justice information to persons with security responsibilities 
and with appropriate security clearances. Such a designated employee 
may, insofar as authorized or permitted by the National Crime 
Prevention and Privacy Compact or other law or agreement governing an 
affected State with respect to such a State--
            ``(1) have access to and receive criminal history, driver, 
        vehicle, and other law enforcement information contained in the 
        law enforcement databases of the Department of Justice, or of 
        any jurisdiction in a State in the same manner as a police 
        officer employed by a State or local authority of that State 
        who is certified or commissioned under the laws of that State;
            ``(2) use any radio, data link, or warning system of the 
        Federal Government and of any jurisdiction in a State that 
        provides information about wanted persons, be-on-the-lookout 
        notices, or warrant status or other officer safety information 
        to which a police officer employed by a State or local 
        authority in that State who is certified or commissioned under 
        the laws of that State has access and in the same manner as 
        such police officer; or
            ``(3) receive Federal, State, or local government 
        communications with a police officer employed by a State or 
        local authority in that State in the same manner as a police 
        officer employed by a State or local authority in that State 
        who is commissioned under the laws of that State.
    ``(c) System of Documented Criminal Justice Information Defined.--
In this section, the term `system of documented criminal justice 
information' means any law enforcement database, systems, or 
communications containing information concerning identification, 
criminal history, arrests, convictions, arrest warrants, or wanted or 
missing persons, including the National Crime Information Center and 
its incorporated criminal history databases and the National Law 
Enforcement Telecommunications System.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 281 is 
amended by adding at the end the following:

``28104. Federal rail security officers' access to criminal history and 
                            other law enforcement records, systems, and 
                            communications.''.

SEC. 308. UPDATE OF FEDERAL RAILROAD ADMINISTRATION'S WEBSITE.

    (a) In General.--The Secretary shall update the Federal Railroad 
Administration's public website to better facilitate the ability of the 
public, including those individuals who are not regular users of the 
public website, to find current information regarding the Federal 
Railroad Administration's activities.
    (b) Public Reporting of Violations.--On the Federal Railroad 
Administration's public website's home page, the Secretary shall 
provide a mechanism for the public to submit written reports of 
potential violations of Federal railroad safety and hazardous materials 
transportation laws, regulations and orders to the Federal Railroad 
Administration.

                 TITLE IV--RAILROAD SAFETY ENHANCEMENTS

SEC. 401. EMPLOYEE TRAINING.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 208 of this Act, is further amended by adding at the end the 
following:
``Sec. 20162. Employee training
    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Railroad Safety Enhancement Act of 2007, the Secretary 
of Transportation shall issue regulations requiring railroad carriers 
and railroad carrier contractors and subcontractors to develop training 
plans for crafts and classes of employees, as the Secretary determines 
appropriate.
    ``(b) Contents.--The Secretary shall require that each training 
plan--
            ``(1) clearly identify the class of craft of employees to 
        which the plan applies;
            ``(2) require that employees be trained on the requirements 
        of relevant Federal railroad safety laws, regulations, and 
        orders;
            ``(3) require employees to be tested or otherwise 
        demonstrate their proficiency in the subject matter of the 
        training; and
            ``(4) contain any other relevant information that the 
        Secretary deems appropriate.
    ``(c) Submission for Approval.--The Secretary shall require each 
railroad carrier, railroad carrier contractor, and railroad carrier 
subcontractor to submit its training plan to the Federal Railroad 
Administration for review and approval.
    ``(d) Exemption.--The Secretary may exempt railroad carriers and 
railroad carrier contractors and subcontractors from submitting 
training plans covering employees for which the Secretary has issued 
training regulations before the date of enactment of the Railroad 
Safety Enhancement Act of 2007.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 208 of this Act, is further amended by adding at the 
end thereof the following:

``20162. Employee training.''.

SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF EMPLOYEES.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall issue a report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure about whether the 
certification of certain crafts or classes of railroad carrier or 
railroad carrier contractor or subcontractor employees is necessary to 
reduce the number and rate of accidents and incidents or to improve 
railroad safety.
    (b) Crafts and Classes To Be Considered.--As part of the report, 
the Secretary shall consider--
            (1) conductors;
            (2) carmen;
            (3) onboard service workers;
            (4) rail welders; and
            (5) any other craft or class of employees that the 
        Secretary determines appropriate.
    (c) Regulations.--The Secretary may issue regulations requiring the 
certification of certain crafts or classes of employees that the 
Secretary determines pursuant to the report required by subsection (a) 
are necessary to reduce the number and rate of accidents and incidents 
or to improve railroad safety

SEC. 403. TRACK INSPECTION TIME STUDY.

    (a) Findings.--The Congress finds the following:
            (1) Rail revenue ton miles have increased by approximately 
        25 percent in the past 10 years.
            (2) Federal track safety regulations require track 
        inspectors to complete inspections by walking or in a hi-rail 
        vehicle and are often time intensive.
            (3) Track inspectors are required to receive permission to 
        occupy track to complete inspections, which often delays trains 
        from operating through the segment of track being inspected, 
        especially on high-density lines.
            (4) Obtaining track time to complete required track repairs 
        of defects identified during track inspections can further 
        delay train operations.
            (5) The competition for track time between track inspectors 
        and trains potentially can leave serious rail defects 
        undetected and unrepaired, increasing the risk of derailments, 
        accidents and injuries.
            (6) Results of rail and track defect detection technology 
        studies have shown promise that such technologies can better 
        identify or predict the most serious track problems, which 
        could reduce inspection time or decrease the need for as 
        frequent track inspections.
            (7) Being able to better detect track defects or predict 
        when track defects will occur by using new or novel inspection 
        technology could assist railroads in maximizing track 
        inspection time and more efficiently using track repair time.
    (b) Study.--Not later that 2 years after the date of enactment of 
this Act, the Secretary shall--
            (1) complete a study to determine whether--
                    (A) the required intervals of track inspections for 
                each class of track should be amended;
                    (B) track remedial action requirements should be 
                amended;
                    (C) different track inspection and repair 
                priorities or methods should be required; and
            (2) issue recommendations for changes to the Federal track 
        safety standards in part 213 of title 49, Code of Federal 
        Regulations, based on the results of the study.
    (c) Considerations.--In conducting the study the Secretary shall 
consider--
            (1) the most current rail flaw, rail defect growth, rail 
        fatigue, and other relevant track- or rail-related research and 
        studies;
            (2) the availability and feasibility of developing and 
        implementing new or novel rail inspection technology for 
        routine track inspections;
            (3) information from National Transportation Safety Board 
        or Federal Railroad Administration accident investigations 
        where track defects were the cause or a contributing cause; and
            (4) other relevant information, as determined by the 
        Secretary.
    (d) Update of Regulations.--Not later than 2 years after the 
completion of the study required by subsection (b), the Secretary shall 
issue regulations implementing the recommendations of the study.

SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT STATION PLATFORM GAPS.

    Not later than 2 years after the enactment of this Act, the 
Secretary shall complete a study to determine the most safe, efficient, 
and cost-effective way to improve the safety of rail passenger station 
platforms gaps in order to increase compliance with the requirements 
under the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), 
including regulations issued pursuant to section 504 of such Act (42 
U.S.C. 12204) and to minimize the safety risks associated with such 
gaps for railroad passengers and employees.

SEC. 405. USE OF DISTRACTING DEVICES IN LOCOMOTIVE CABS.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary shall complete a study on the prevalence of 
the use of personal electronic devices, including cell phones, video 
games, and other distracting devices, by safety-related railroad 
employees (as defined in section 20102(4) of title 49, United States 
Code, during the performance of such employees' duties. The study shall 
consider the safety impact of the use of such devices.
    (b) Report.--Not later than 6 months after the completion of the 
study, the Secretary shall issue a report on the study to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure.
    (c) Prohibitory Authority.--Based on the conclusions of the study 
required under (a), the Secretary of Transportation may prohibit the 
use of personal electronic devices, such as cell phones, video games, 
or other electronic devices that may distract employees from safely 
performing their duties, unless those devices are being used according 
to railroad operating rules or for other work purposes.

SEC. 406. RAILROAD SAFETY TECHNOLOGY GRANTS.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 401 of this Act, is further amended by adding at the end 
thereof the following:
``Sec. 20163. Railroad safety technology grants
    ``(a) Grant Program.--The Secretary of Transportation shall 
establish a grant program for the deployment of train control 
technologies, train control component technologies, processor-based 
technologies, electronically controlled pneumatic brakes, rail 
integrity inspection systems, rail integrity warning systems, switch 
position indicators, remote control power switch technologies, track 
integrity circuit technologies, and other new or novel railroad safety 
technology.
    ``(b) Grant Criteria.--
            ``(1) Eligibility.--Grants shall be made under this section 
        to eligible passenger and freight railroad carriers, railroad 
        suppliers, and State and local governments for projects 
        described in subsection (a) that have a public benefit of 
        improved safety and network efficiency.
            ``(2) Considerations.--Priority shall be given to projects 
        that--
                    ``(A) focus on making technologies interoperable 
                between railroad systems, such as train control 
                technologies;
                    ``(B) provide incentives for train control 
                technology deployment on high-risk corridors, such as 
                those that have high volumes of hazardous materials 
                shipments or over which commuter or passenger trains 
                operate; or
                    ``(C) benefit both passenger and freight safety and 
                efficiency.
            ``(3) Technology implementation plan.--Grants may not be 
        awarded under this section to entities that fail to develop and 
        submit to the Secretary a technology implementation plan as 
        required by section 20157(d)(2).
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $20,000,000 for each of 
fiscal years 2008 through 2013 to carry out this section. Amounts 
appropriated pursuant to this section shall remain available until 
expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 401 of this Act, is further amended by inserting 
after the item relating to section 20163 the following:

``20163. Railroad safety technology grants.''.

SEC. 407. RAILROAD SAFETY INFRASTRUCTURE IMPROVEMENT GRANTS.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 406 of this Act, is further amended by adding at the end 
thereof the following:
``Sec. 20164. Railroad safety infrastructure improvement grants
    ``(a) Grant Program.--The Secretary of Transportation shall 
establish a grant program for safety improvements to railroad 
infrastructure, including the acquisition, improvement, or 
rehabilitation of intermodal or rail equipment or facilities, including 
track, bridges, tunnels, yards, buildings, passenger stations, 
facilities, and maintenance and repair shops.
    ``(b) Eligibility.--Grants shall be made under this section to 
eligible passenger and freight railroad carriers, and State and local 
governments for projects described in subsection (a).
    ``(c) Considerations.--In awarding grants the Secretary shall 
consider, at a minimum--
            ``(1) the age and condition of the rail infrastructure of 
        the applicant;
            ``(2) the railroad's safety record, including accident and 
        incident numbers and rates;
            ``(3) the volume of hazardous materials transported by the 
        railroad;
            ``(4) the operation of passenger trains over the railroad; 
        and
            ``(5) whether the railroad has submitted a railroad safety 
        risk reduction program, as required by section 20157.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $15,000,000 for each of 
fiscal years 2008 through 2013 to carry out this section. Amounts 
appropriated pursuant to this subsection shall remain available until 
expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 406 of this Act, is amended by inserting after the 
item relating to section 20163 the following:

``20164. Railroad safety infrastructure improvement grants.''.

SEC. 408. AMENDMENT TO THE MOVEMENT-FOR-REPAIR PROVISION.

    Section 20303 is amended by adding at the end the following:
    ``(d) Additional Conditions for Movement To Make Repairs to 
Defective or Insecure Vehicles.--
            ``(1) In general.--The Secretary of Transportation may 
        impose conditions for the movement of a defective or insecure 
        vehicle to make repairs in addition to those conditions set 
        forth in subsection (a) by prescribing regulations or issuing 
        orders as necessary.
            ``(2) Necessity of movement.--The movement of a defective 
        or insecure vehicle from a location may be necessary to make 
        repairs of the vehicle even though a mobile repair truck 
        capable of making the repairs has gone to the location on an 
        irregular basis (as specified in regulations prescribed by the 
        Secretary).
    ``(e) Definitions.--In this section:
            ``(1) Nearest.--the term `nearest' means the closest in the 
        forward direction of travel for the defective or insecure 
        vehicle.
            ``(2) Place at which the repairs can be made.--The term 
        `place at which the repairs can be made' means--
                    ``(A) a location with a fixed facility for 
                conducting the repairs that are necessary to bring the 
                defective or insecure vehicle into compliance with this 
                chapter; or
                    ``(B) a location where a mobile repair truck 
                capable of making the repairs that are necessary to 
                bring the defective or insecure vehicle into compliance 
                with this chapter makes the same kind of repair at the 
                location regularly (as specified in regulations 
                prescribed by the Secretary).''.

SEC. 409. DEVELOPMENT AND USE OF RAIL SAFETY TECHNOLOGY.

    (a) In General.--Subchapter II of chapter 201, as amended by 
section 407 of this Act, is further amended by adding at the end the 
following new section:
``Sec. 20165. Development and use of rail safety technology
    ``(a) In General.--Not later than 1 year after enactment of the 
Railroad Safety Enhancement Act of 2007, the Secretary of 
Transportation shall issue standards, guidance, regulations, or orders 
to encourage the development, use, and implementation of rail safety 
technology in dark territory, in arrangements not defined in section 
20501 or otherwise not covered by Federal standards, guidance, 
regulations, or orders that ensures its safe operation, such as--
            ``(1) switch position monitoring devices;
            ``(2) radio, remote control or other power-assisted 
        switches;
            ``(3) hot box, high water or earthquake detectors;
            ``(4) remote control locomotive zone limiting devices;
            ``(5) slide fences;
            ``(6) grade crossing video monitors;
            ``(7) track integrity warning systems; or
            ``(8) other similar rail safety technologies, as determined 
        by the Secretary.
    ``(b) Dark Territory Defined.--In this section, the term `dark 
territory' means any territory in a railroad system that does not have 
a signal or train control system installed or operational.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 407 of this Act, is amended by inserting after the 
item relating to section 20164 the following:

``20165. Development and use of rail safety technology.''.

SEC. 410. EMPLOYEE SLEEPING QUARTERS.

    Section 21106 is amended--
            (1) by inserting ``(a) In General.--'' before ``A railroad 
        carrier''; and
            (2) by adding at the end the following new subsection:
    ``(b) Camp Cars.--Effective 12 months after the date of enactment 
of the Railroad Safety Enhancement Act of 2007, a railroad carrier and 
its officers and agents may not provide sleeping quarters through the 
use of camp cars, as defined in Appendix C to part 228 of title 49, 
Code of Federal Regulations, for employees and any individuals employed 
to maintain the right of way of a railroad carrier.''.

           TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE

SEC. 501. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO 
              FAMILIES OF PASSENGERS INVOLVED IN RAIL PASSENGER 
              ACCIDENTS.

    (a) In General.--Chapter 11 is amended by adding at the end of 
subchapter III the following:
``Sec. 1139. Assistance to families of passengers involved in rail 
              passenger accidents
    ``(a) In General.--As soon as practicable after being notified of a 
rail passenger accident within the United States involving a rail 
passenger carrier and resulting in a major loss of life, the Chairman 
of the National Transportation Safety Board shall--
            ``(1) designate and publicize the name and phone number of 
        a director of family support services who shall be an employee 
        of the Board and shall be responsible for acting as a point of 
        contact within the Federal Government for the families of 
        passengers involved in the accident and a liaison between the 
        rail passenger carrier and the families; and
            ``(2) designate an independent nonprofit organization, with 
        experience in disasters and posttrauma communication with 
        families, which shall have primary responsibility for 
        coordinating the emotional care and support of the families of 
        passengers involved in the accident.
    ``(b) Responsibilities of the Board.--The Board shall have primary 
Federal responsibility for--
            ``(1) facilitating the recovery and identification of 
        fatally injured passengers involved in an accident described in 
        subsection (a); and
            ``(2) communicating with the families of passengers 
        involved in the accident as to the roles of--
                    ``(A) the organization designated for an accident 
                under subsection (a)(2);
                    ``(B) Government agencies; and
                    ``(C) the rail passenger carrier involved,
        with respect to the accident and the post-accident activities.
    ``(c) Responsibilities of Designated Organization.--The 
organization designated for an accident under subsection (a)(2) shall 
have the following responsibilities with respect to the families of 
passengers involved in the accident:
            ``(1) To provide mental health and counseling services, in 
        coordination with the disaster response team of the rail 
        passenger carrier involved.
            ``(2) To take such actions as may be necessary to provide 
        an environment in which the families may grieve in private.
            ``(3) To meet with the families who have traveled to the 
        location of the accident, to contact the families unable to 
        travel to such location, and to contact all affected families 
        periodically thereafter until such time as the organization, in 
        consultation with the director of family support services 
        designated for the accident under subsection (a)(1), determines 
        that further assistance is no longer needed.
            ``(4) To arrange a suitable memorial service, in 
        consultation with the families.
    ``(d) Passenger Lists.--
            ``(1) Requests for passenger lists.--
                    ``(A) Requests by director of family support 
                services.--It shall be the responsibility of the 
                director of family support services designated for an 
                accident under subsection (a)(1) to request, as soon as 
                practicable, from the rail passenger carrier involved 
                in the accident a list, which is based on the best 
                available information at the time of the request, of 
                the names of the passengers that were aboard the rail 
                passenger carrier's train involved in the accident. A 
                rail passenger carrier shall use reasonable efforts, 
                with respect to its unreserved trains, and passengers 
                not holding reservations on its other trains, to 
                ascertain the names of passengers aboard a train 
                involved in an accident.
                    ``(B) Requests by designated organization.--The 
                organization designated for an accident under 
                subsection (a)(2) may request from the rail passenger 
                carrier involved in the accident a list described in 
                subparagraph (A).
            ``(2) Use of information.--The director of family support 
        services and the organization may not release to any person 
        information on a list obtained under paragraph (1) but may 
        provide information on the list about a passenger to the family 
        of the passenger to the extent that the director of family 
        support services or the organization considers appropriate.
    ``(e) Continuing Responsibilities of the Board.--In the course of 
its investigation of an accident described in subsection (a), the Board 
shall, to the maximum extent practicable, ensure that the families of 
passengers involved in the accident--
            ``(1) are briefed, prior to any public briefing, about the 
        accident and any other findings from the investigation; and
            ``(2) are individually informed of and allowed to attend 
        any public hearings and meetings of the Board about the 
        accident.
    ``(f) Use of Rail Passenger Carrier Resources.--To the extent 
practicable, the organization designated for an accident under 
subsection (a)(2) shall coordinate its activities with the rail 
passenger carrier involved in the accident to facilitate the reasonable 
use of the resources of the carrier.
    ``(g) Prohibited Actions.--
            ``(1) Actions to impede the board.--No person (including a 
        State or political subdivision) may impede the ability of the 
        Board (including the director of family support services 
        designated for an accident under subsection (a)(1)), or an 
        organization designated for an accident under subsection 
        (a)(2), to carry out its responsibilities under this section or 
        the ability of the families of passengers involved in the 
        accident to have contact with one another.
            ``(2) Unsolicited communications.--No unsolicited 
        communication concerning a potential action for personal injury 
        or wrongful death may be made by an attorney (including any 
        associate, agent, employee, or other representative of an 
        attorney) or any potential party to the litigation to an 
        individual (other than an employee of the rail passenger 
        carrier) injured in the accident, or to a relative of an 
        individual involved in the accident, before the 45th day 
        following the date of the accident.
            ``(3) Prohibition on actions to prevent mental health and 
        counseling services.--No State or political subdivision may 
        prevent the employees, agents, or volunteers of an organization 
        designated for an accident under subsection (a)(2) from 
        providing mental health and counseling services under 
        subsection (c)(1) in the 30-day period beginning on the date of 
        the accident. The director of family support services 
        designated for the accident under subsection (a)(1) may extend 
        such period for not to exceed an additional 30 days if the 
        director determines that the extension is necessary to meet the 
        needs of the families and if State and local authorities are 
        notified of the determination.
    ``(h) Definitions.--In this section:
            ``(1) Rail passenger accident.--The term `rail passenger 
        accident' means any rail passenger disaster occurring in the 
        provision of--
                    ``(A) interstate intercity rail passenger 
                transportation (as such term is defined in section 
                24102); or
                    ``(B) interstate or intrastate high-speed rail (as 
                such term is defined in section 26105) transportation,
        regardless of its cause or suspected cause.
            ``(2) Rail passenger carrier.--The term `rail passenger 
        carrier' means a rail carrier providing--
                    ``(A) interstate intercity rail passenger 
                transportation (as such term is defined in section 
                24102); or
                    ``(B) interstate or intrastate high-speed rail (as 
                such term is defined in section 26105) transportation,
        except that such term does not include a tourist, historic, 
        scenic, or excursion rail carrier.
            ``(3) Passenger.--The term `passenger' includes--
                    ``(A) an employee of a rail passenger carrier 
                aboard a train;
                    ``(B) any other person aboard the train without 
                regard to whether the person paid for the 
                transportation, occupied a seat, or held a reservation 
                for the rail transportation; and
                    ``(C) any other person injured or killed in the 
                accident.
    ``(i) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that a rail passenger 
carrier may take, or the obligations that a rail passenger carrier may 
have, in providing assistance to the families of passengers involved in 
a rail passenger accident.
    ``(j) Relinquishment of Investigative Priority.--
            ``(1) General rule.--This section (other than subsection 
        (g)) shall not apply to a railroad accident if the Board has 
        relinquished investigative priority under section 1131(a)(2)(B) 
        and the Federal agency to which the Board relinquished 
        investigative priority is willing and able to provide 
        assistance to the victims and families of the passengers 
        involved in the accident.
            ``(2) Board assistance.--If this section does not apply to 
        a railroad accident because the Board has relinquished 
        investigative priority with respect to the accident, the Board 
        shall assist, to the maximum extent possible, the agency to 
        which the Board has relinquished investigative priority in 
        assisting families with respect to the accident.''.
    (b) Conforming Amendment.--The table of sections for such chapter 
is amended by inserting after the item relating to section 1138 the 
following:

``1139. Assistance to families of passengers involved in rail passenger 
                            accidents.''.

SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMILIES OF PASSENGERS 
              INVOLVED IN RAIL PASSENGER ACCIDENTS.

    (a) In General.--Chapter 243 is amended by adding at the end the 
following:
``Sec. 24316. Plans to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date 
of the enactment of the Railroad Safety Enhancement Act of 2007, a rail 
passenger carrier shall submit to the Chairman of the National 
Transportation Safety Board, the Secretary of Transportation, and the 
Secretary of Homeland Security a plan for addressing the needs of the 
families of passengers involved in any rail passenger accident 
involving a rail passenger carrier intercity train and resulting in a 
loss of life.
    ``(b) Contents of Plans.--The plan to be submitted by a rail 
passenger carrier under subsection (a) shall include, at a minimum, the 
following:
            ``(1) A process by which a rail passenger carrier will 
        maintain and provide to the National Transportation Safety 
        Board, the Secretary of Transportation, and the Secretary of 
        Homeland Security, immediately upon request, a list (which is 
        based on the best available information at the time of the 
        request) of the names of the passengers aboard the train 
        (whether or not such names have been verified), and will 
        periodically update the list. The plan shall include a 
        procedure, with respect to unreserved trains and passengers not 
        holding reservations on other trains, for a rail passenger 
        carrier to use reasonable efforts to ascertain the number and 
        names of passengers aboard a train involved in an accident.
            ``(2) A plan for creating and publicizing a reliable, toll-
        free telephone number within 4 hours after such an accident 
        occurs, and for providing staff, to handle calls from the 
        families of the passengers.
            ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.
            ``(4) A process for providing the notice described in 
        paragraph (2) to the family of a passenger as soon as a rail 
        passenger carrier has verified that the passenger was aboard 
        the train (whether or not the names of all of the passengers 
        have been verified).
            ``(5) A process by which the family of each passenger will 
        be consulted about the disposition of all remains and personal 
        effects of the passenger within a rail passenger carrier's 
        control; that any possession of the passenger within a rail 
        passenger carrier's control will be returned to the family 
        unless the possession is needed for the accident investigation 
        or any criminal investigation; and that any unclaimed 
        possession of a passenger within a rail passenger carrier's 
        control will be retained by the rail passenger carrier for at 
        least 18 months.
            ``(6) A process by which the treatment of the families of 
        nonrevenue passengers will be the same as the treatment of the 
        families of revenue passengers.
            ``(7) An assurance that a rail passenger carrier will 
        provide adequate training to its employees and agents to meet 
        the needs of survivors and family members following an 
        accident.
    ``(c) Use of Information.--Neither the National Transportation 
Safety Board, the Secretary of Transportation, the Secretary of 
Homeland Security, nor a rail passenger carrier may release any 
personal information on a list obtained under subsection (b)(1) but may 
provide information on the list about a passenger to the family of the 
passenger to the extent that the Board or a rail passenger carrier 
considers appropriate.
    ``(d) Limitation on Liability.--A rail passenger carrier shall not 
be liable for damages in any action brought in a Federal or State court 
arising out of the performance of a rail passenger carrier under this 
section in preparing or providing a passenger list, or in providing 
information concerning a train reservation, pursuant to a plan 
submitted by a rail passenger carrier under subsection (b), unless such 
liability was caused by a rail passenger carrier's conduct.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that a rail passenger 
carrier may take, or the obligations that a rail passenger carrier may 
have, in providing assistance to the families of passengers involved in 
a rail passenger accident.
    ``(f) Funding.--Out of funds appropriated pursuant to section 
20117(a)(1)(A), there shall be made available to the Secretary of 
Transportation $500,000 for fiscal year 2008 to carry out this section. 
Amounts made available pursuant to this subsection shall remain 
available until expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 243 is 
amended by adding at the end the following:

``24316.  Plan to assist families of passengers involved in rail 
                            passenger accidents.''.

SEC. 503. ESTABLISHMENT OF TASK FORCE.

    (a) Establishment.--The Secretary, in cooperation with the National 
Transportation Safety Board, organizations potentially designated under 
section 1139(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).

   TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE 
                               FACILITIES

SEC. 601. CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE 
              FACILITIES.

    Section 10501 is amended--
            (1) by striking ``facilities,'' in subsection (b)(2) and 
        inserting ``facilities (except solid waste management 
        facilities (as defined in section 1004 of the Solid Waste 
        Disposal Act (42 U.S.C. 6903))),''; and
            (2) by striking ``over mass transportation provided by a 
        local governmental authority.'' in subsection (c)(2) and 
        inserting ``over--
                    ``(A) mass transportation provided by a local 
                governmental authority; or
                    ``(B) the processing or sorting of solid waste.''.
                                 <all>