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

                                                       Calendar No. 590
110th CONGRESS
  2d Session
                                S. 1889

                          [Report No. 110-270]

 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, Mr. 
 Schumer, and Mr. Brown) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                             March 3, 2008

Reported by Mr. Inouye, with an amendment in the nature of a substitute
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT OF TITLE 
              49.</DELETED>

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

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

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

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

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

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

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

<DELETED>Sec. 601. Clarification of Federal jurisdiction over solid 
                            waste facilities.
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    (a) In General.--In this Act:</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Department.--The term ``Department'' means the 
        Department of Transportation.</DELETED>
        <DELETED>    (3) Railroad.--The term ``railroad'' has the 
        meaning given that term by section 20102 of title 49, United 
        States Code.</DELETED>
        <DELETED>    (4) Railroad carrier.--The term ``railroad 
        carrier'' has the meaning given that term by section 20102 of 
        title 49, United States Code.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means a State of 
        the United States, the District of Columbia, or the 
        Commonwealth of Puerto Rico.</DELETED>
<DELETED>    (b) In Title 49.--Section 20102 is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (1) and (2) as 
        paragraphs (2) and (3), respectively;</DELETED>
        <DELETED>    (2) by inserting before paragraph (2), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (3) by adding at the end thereof the 
        following:</DELETED>
        <DELETED>    ``(4) `safety-related railroad employee' means--
        </DELETED>
                <DELETED>    ``(A) a railroad employee who is subject 
                to chapter 211;</DELETED>
                <DELETED>    ``(B) another operating railroad employee 
                who is not subject to chapter 211;</DELETED>
                <DELETED>    ``(C) an employee who maintains the right 
                of way of a railroad carrier;</DELETED>
                <DELETED>    ``(D) an employee of a railroad carrier 
                who is a hazmat employees as defined in section 5102(3) 
                of this title;</DELETED>
                <DELETED>    ``(E) an employee who inspects, repairs, 
                or maintains locomotives, passenger cars or freight 
                cars; and</DELETED>
                <DELETED>    ``(F) any other employee of a railroad who 
                directly affects railroad safety, as determined by the 
                Secretary.''.</DELETED>

<DELETED>SEC. 3. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 20117(a) is amended to read as follows:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) $245,000,000 for fiscal year 2008;</DELETED>
        <DELETED>    ``(B) $260,000,000 for fiscal year 2009;</DELETED>
        <DELETED>    ``(C) $270,000,000 for fiscal year 2010;</DELETED>
        <DELETED>    ``(D) $280,000,000 for fiscal year 2011;</DELETED>
        <DELETED>    ``(E) $290,000,000 for fiscal year 2012; 
        and</DELETED>
        <DELETED>    ``(F) $300,000,000 for fiscal year 2013.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>TITLE I--RAILROAD SAFETY RISK REDUCTION AND STRATEGY</DELETED>

<DELETED>SEC. 101. ESTABLISHMENT OF CHIEF SAFETY OFFICER.</DELETED>

<DELETED>    Section 103 is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (c), (d), and (e) 
        as subsections (e), (f), and (g); and</DELETED>
        <DELETED>    (2) by inserting after subsection (b) the 
        following:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 102. RAILROAD SAFETY STRATEGY.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (1) Reducing the number and rates of accidents, 
        injuries, and fatalities involving railroads including train 
        collisions and derailments and human factors.</DELETED>
        <DELETED>    (2) Improving the consistency and effectiveness of 
        enforcement and compliance programs.</DELETED>
        <DELETED>    (3) Improving the identification of high-risk 
        highway-rail grade crossings and strengthening enforcement and 
        other methods to increase grade crossing safety.</DELETED>
        <DELETED>    (4) Improving research efforts to enhance and 
        promote railroad safety and performance.</DELETED>
        <DELETED>    (5) Preventing railroad trespasser accidents, 
        injuries, and fatalities.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Achievement of Goals.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>

<DELETED>SEC. 103. RAILROAD SAFETY RISK REDUCTION PILOT 
              PROGRAM.</DELETED>

<DELETED>    (a) In General.--Subchapter II of chapter 201 is amended 
by adding at the end thereof the following:</DELETED>
<DELETED>``Sec. 20156. Railroad safety risk reduction pilot 
              program</DELETED>
<DELETED>    (a) Pilot Program.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) evaluate how these aspects of a 
                selected railroad or railroad facility increase or 
                decrease risks to railroad safety;</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the mitigation of the 
                        aspects of a selected railroad or railroad 
                        facility that increase risks to railroad 
                        safety; and</DELETED>
                        <DELETED>    ``(ii) the enhancement of aspects 
                        of a selected railroad or railroad facility 
                        that decrease risks to railroad safety; 
                        and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The chapter analysis for 
chapter 201 is amended by inserting after the item relating to section 
20155 the following:</DELETED>

<DELETED>``20156. Railroad safety risk reduction pilot program.''.

<DELETED>SEC. 104. RAILROAD SAFETY RISK REDUCTION PROGRAM.</DELETED>

<DELETED>    (a) In General.--Subchapter II of chapter 201, as amended 
by section 103, is amended by adding at end thereof the 
following:</DELETED>
<DELETED>``Sec. 20157. Railroad safety risk reduction program</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) to submit its program, including any 
                required plans, to the Federal Railroad Administration 
                for its review and approval; and</DELETED>
                <DELETED>    ``(C) to implement the program and plans 
                approved by the Federal Railroad 
                Administration.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Program Elements.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) the mitigation of aspects that 
                increase risks to railroad safety; and</DELETED>
                <DELETED>    ``(B) the enhancement of aspects that 
                decrease risks to railroad safety.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(e) Technology Implementation Plan.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Fatigue Management Plan.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Opportunities for identification, 
                diagnosis, and treatment of any medical condition that 
                may affect alertness or fatigue, including sleep 
                disorders.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(F) Alertness strategies, such as 
                policies on napping, to address acute sleepiness and 
                fatigue while an employee is on duty.</DELETED>
                <DELETED>    ``(G) Opportunities to obtain restful 
                sleep at lodging facilities, including employee 
                sleeping quarters provided by the railroad 
                carrier.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(I) Avoidance of abrupt changes in rest 
                cycles for employees.</DELETED>
                <DELETED>    ``(J) Additional elements that the 
                Secretary considers appropriate.</DELETED>
<DELETED>    ``(g) Consensus.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``20157. Railroad safety risk reduction program.''.

<DELETED>SEC. 105. POSITIVE TRAIN CONTROL SYSTEM 
              IMPLEMENTATION.</DELETED>

<DELETED>    (a) In General.--Subchapter II of chapter 201, as amended 
by section 104, is further amended by adding at end thereof the 
following:</DELETED>
<DELETED>``Sec. 20158. Positive train control system 
              implementation</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``20158. Positive train control system implementation.''.

<DELETED>SEC. 106. HOURS OF SERVICE REFORM.</DELETED>

<DELETED>    (a) Change in Definition of Signal Employee.--Section 
21101(4) is amended--</DELETED>
        <DELETED>    (1) by striking ``employed by a railroad 
        carrier''; and</DELETED>
        <DELETED>    (2) by inserting ``railroad'' after 
        ``maintaining''.</DELETED>
<DELETED>    (b) Limitation on Duty Hours of Train Employees.--Section 
21103 is amended--</DELETED>
        <DELETED>    (1) by striking subsection (a) and inserting the 
        following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) for a period in excess of 12 consecutive 
        hours;</DELETED>
        <DELETED>    ``(2) unless the employee has had at least 10 
        consecutive hours off duty during the prior 24 hours; 
        or</DELETED>
        <DELETED>    ``(3) unless the employee has had at least one 
        period of at least 24 consecutive hours off duty in the past 7 
        consecutive days.</DELETED>
<DELETED>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.'';</DELETED>
        <DELETED>    (2) by striking subsection (b)(4) and inserting 
        the following:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(I) a casualty;</DELETED>
                <DELETED>    ``(II) an accident;</DELETED>
                <DELETED>    ``(III) a track obstruction;</DELETED>
                <DELETED>    ``(IV) an act of God;</DELETED>
                <DELETED>    ``(V) a severe weather event;</DELETED>
                <DELETED>    ``(VI) a severe snowstorm;</DELETED>
                <DELETED>    ``(VII) a landslide;</DELETED>
                <DELETED>    ``(VIII) a track or bridge 
                washout;</DELETED>
                <DELETED>    ``(IX) a derailment;</DELETED>
                <DELETED>    ``(X) a major equipment failure which 
                prevents a train from advancing; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(C) If--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(ii) the time on duty,</DELETED>
        <DELETED>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</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Limitation on Duty Hours of Signal Employees.--Section 
21104 is amended--</DELETED>
        <DELETED>    (1) by striking subsection (a) and inserting the 
        following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) for a period in excess of 12 consecutive 
        hours; or</DELETED>
        <DELETED>    ``(2) unless the employee has had at least 10 
        consecutive hours off duty during the prior 24 
        hours.'';</DELETED>
        <DELETED>    (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.'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Regulatory Authority.--</DELETED>
        <DELETED>    (1) In general.--Chapter 211 is amended by adding 
        at the end thereof the following:</DELETED>
<DELETED>``Sec. 21109. Regulatory authority</DELETED>
<DELETED>    ``(a) In General.--The Secretary of Transportation may 
issue regulations--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Pilot Projects.--</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Waiver.--The Secretary may temporarily waive 
        the requirements of this section, if necessary, to complete a 
        pilot project under this subsection.</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--The chapter analysis 
        for chapter 211 is amended by adding at the end thereof the 
        following:</DELETED>

<DELETED>``21109. Regulatory authority.''.

<DELETED>SEC. 107. PROTECTION OF RAILROAD SAFETY RISK ANALYSES 
              INFORMATION.</DELETED>

<DELETED>    (a) Amendment.--Subchapter I of chapter 201 is amended by 
adding at the end thereof the following:</DELETED>
<DELETED>``Sec. 20118. Prohibition on public disclosure of required 
              railroad safety analyses records</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) supplied to the Secretary pursuant to that 
        safety risk reduction program; or</DELETED>
        <DELETED>    ``(2) made available for inspection and copying by 
        an officer, employee, or agent of the Secretary pursuant to 
        that safety risk reduction program.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>``Sec. 20119. Discovery and admission into evidence of certain 
              reports and surveys</DELETED>
<DELETED>    ``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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The chapter analysis for 
chapter 201 is amended by inserting after the item relating to section 
20117 the following:</DELETED>

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

 <DELETED>TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY 
                  AND TRESPASSER PREVENTION</DELETED>

<DELETED>SEC. 201. PEDESTRIAN CROSSING SAFETY.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) providing audible warning of approaching 
        trains to the pedestrians at railroad passenger 
        stations;</DELETED>
        <DELETED>    (2) using signs, signals, or other visual devices 
        to warn pedestrians of approaching trains;</DELETED>
        <DELETED>    (3) installing infrastructure at pedestrian 
        crossings to improve the safety of pedestrians crossing 
        railroad tracks;</DELETED>
        <DELETED>    (4) installing fences to prohibit access to 
        railroad tracks; and</DELETED>
        <DELETED>    (5) other strategies or methods as determined by 
        the Secretary.</DELETED>

<DELETED>SEC. 202. STATE ACTION PLANS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE AT HIGHWAY-RAIL GRADE 
              CROSSINGS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 20159. Roadway user sight distance at highway-rail 
              grade crossings</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(1) the type of warning device or warning 
        devices installed at such crossings;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(3) the presence or absence of other sight 
        distance obstructions off the railroad right-of-way; 
        and</DELETED>
        <DELETED>    ``(4) any other factors affecting safety at such 
        crossings.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 204. NATIONAL CROSSING INVENTORY.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 20160. National crossing inventory</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) ensure that the information has been 
        reported to the Secretary by another railroad carrier that 
        operates through the crossing.</DELETED>
<DELETED>    ``(b) Updating of Crossing Information.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) ensure that the information has been 
                reported to the Secretary by another railroad carrier 
                that operates through the crossing.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Definitions.--In this section:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) State.--The term `State' means a State of 
        the United States, the District of Columbia, or the 
        Commonwealth of Puerto Rico.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``20160. National crossing inventory.''.
<DELETED>    (c) Reporting and Updating.--Section 130 of title 23, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(l) National Crossing Inventory.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Civil Penalties.--(1) Section 21301(a)(1) is amended--
</DELETED>
        <DELETED>    (A) by inserting ``with section 20160 or'' after 
        ``comply'' in the first sentence; and</DELETED>
        <DELETED>    (B) by inserting ``section 20157 of this title 
        or'' after ``violating'' in the second sentence.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 205. TELEPHONE NUMBER TO REPORT GRADE CROSSING 
              PROBLEMS.</DELETED>

<DELETED>    (a) In General.--Section 20152 is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 20152. Notification of grade crossing 
              problems</DELETED>
<DELETED>    ``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--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) disabled vehicles blocking railroad 
                tracks at such grade crossings;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(D) other safety information involving 
                such grade crossings;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) an explanation of the purpose of 
                that telephone number; and</DELETED>
                <DELETED>    ``(C) the grade crossing number assigned 
                for that crossing by the National Highway-Rail Crossing 
                Inventory established by the Department of 
                Transportation.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The chapter analysis for 
chapter 201 is amended by striking the item relating to section 20152 
and inserting the following:</DELETED>

<DELETED>``20152. Notification of grade crossing problems.''.

<DELETED>SEC. 206. OPERATION LIFESAVER.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to the Federal Railroad Administration for carrying 
out this section--</DELETED>
        <DELETED>    (1) $2,000,000 for each of fiscal years 2008, 
        2009, and 2010; and</DELETED>
        <DELETED>    (2) $1,500,000 for each of fiscal years 20011, 
        2012, and 2013.</DELETED>

<DELETED>SEC. 207. TRESPASSER PREVENTION AND HIGHWAY-RAIL CROSSING 
              SAFETY.</DELETED>

<DELETED>    (a) Trespasser Prevention and Highway-Rail Grade Crossing 
Warning Sign Violations.--Section 20151 is amended--</DELETED>
        <DELETED>    (1) by striking the section heading and inserting 
        the following:</DELETED>
<DELETED>``Sec. 20151. Railroad trespassing, vandalism, and highway-
              rail grade crossing warning sign violation prevention 
              strategy'';</DELETED>
        <DELETED>    (2) by striking subsection (a) and inserting the 
        following:</DELETED>
<DELETED>    ``(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.'';</DELETED>
        <DELETED>    (3) by inserting ``for Trespassing and Vandalism 
        Prevention'' in the subsection heading of subsection (b) after 
        ``Outreach Program'';</DELETED>
        <DELETED>    (4) in subsection (c)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (1) and 
                (2) as subparagraphs (A) and (B), 
                respectively;</DELETED>
                <DELETED>    (B) by inserting ``(1)'' after ``Model 
                Legislation.--''; and</DELETED>
                <DELETED>    (C) by adding at the end the following new 
                paragraph:</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (5) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) to drive around a grade crossing gate in a 
        position intended to block passage over railroad 
        tracks;</DELETED>
        <DELETED>    ``(2) to drive through a flashing grade crossing 
        signal;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) in the vicinity of a grade crossing, who 
        creates a hazard of an accident involving injury or property 
        damage at the grade crossing.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``20151. Railroad trespassing, vandalism, and highway-rail 
                            grade crossing warning sign violation 
                            prevention strategy.''.
<DELETED>    (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.''.</DELETED>

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

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 20161. Fostering introduction of new technology to 
              improve safety at highway-rail grade crossings</DELETED>
<DELETED>    ``(a) Findings.--The Congress finds the 
following:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Implementation of new crossing safety 
        technology will require extensive cooperation between highway 
        authorities and railroad carriers.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

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

     <DELETED>TITLE III--FEDERAL RAILROAD ADMINISTRATION</DELETED>

<DELETED>SEC. 301. HUMAN CAPITAL INCREASES.</DELETED>

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

<DELETED>SEC. 302. CIVIL PENALTY INCREASES.</DELETED>

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

<DELETED>SEC. 303. ENFORCEMENT REPORT.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 20120. Enforcement Report.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) provides a summary of all enforcement 
        actions taken by the Secretary or the Federal Railroad 
        Administration during the prior fiscal year, including--
        </DELETED>
                <DELETED>    ``(A) the number of civil penalties 
                assessed against railroad carriers, hazardous material 
                shippers, and individuals;</DELETED>
                <DELETED>    ``(B) the initial amount of civil 
                penalties assessed against railroad carriers, hazardous 
                materials shippers, and individuals;</DELETED>
                <DELETED>    ``(C) the number of civil penalty cases 
                settled against railroad carriers, hazardous material 
                shippers, and individuals;</DELETED>
                <DELETED>    ``(D) the final amount of civil penalties 
                assessed against railroad carriers, hazardous materials 
                shippers, and individuals;</DELETED>
                <DELETED>    ``(E) the difference between the initial 
                and final amounts of civil penalties assessed against 
                railroad carriers, hazardous materials shippers, and 
                individuals;</DELETED>
                <DELETED>    ``(F) the number of administrative 
                hearings requested and completed related to hazardous 
                materials transportation law violations or enforcement 
                actions against individuals;</DELETED>
                <DELETED>    ``(G) the number of cases referred to the 
                Attorney General for civil or criminal 
                prosecution;</DELETED>
                <DELETED>    ``(H) the number and subject matter of all 
                compliance orders, emergency orders or precursor 
                agreements;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the Locomotive Engineer Review 
                Board;</DELETED>
                <DELETED>    ``(B) an Administrative Hearing Officer or 
                Administrative Law Judge; or</DELETED>
                <DELETED>    ``(C) the Administrator of the Federal 
                Railroad Administration;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(6) includes any additional information that the 
        Secretary determines is useful to improve the transparency of 
        its enforcement program.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``20120. Enforcement report.''.

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

<DELETED>    Section 20111(c) is amended to read as follows:</DELETED>
<DELETED>    ``(c) Orders Prohibiting Individuals From Performing 
Safety-Sensitive Functions.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) This subsection does not affect the 
        Secretary's authority under section 20104 of this title to act 
        on an emergency basis.''.</DELETED>

<DELETED>SEC. 305. RAILROAD RADIO MONITORING AUTHORITY.</DELETED>

<DELETED>    Section 20107 is amended by inserting at the end the 
following:</DELETED>
<DELETED>    ``(c) Railroad Radio Communications.--</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) authorized for use by one or 
                        more railroad carriers by the Federal 
                        Communications Commission; and</DELETED>
                        <DELETED>    ``(ii) primarily used by such 
                        railroad carriers for communications in 
                        connection with railroad operations.</DELETED>
                <DELETED>    ``(B) Communicating the existence, 
                contents, substance, purport, effect, or meaning of the 
                communication, subject to the restrictions in paragraph 
                (3).</DELETED>
                <DELETED>    ``(C) Receiving or assisting in receiving 
                the communication (or any information therein 
                contained).</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(E) Recording the communication by any 
                means, including writing and tape recording.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(i) in a prosecution of a felony under 
                Federal or State criminal law; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 306. EMERGENCY WAIVERS.</DELETED>

<DELETED>    Section 20103 is amended--</DELETED>
        <DELETED>    (1) by striking subsection (e) and inserting the 
        following:</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (2) by adding at the end thereof the 
        following:</DELETED>
<DELETED>    ``(g) Emergency Waivers.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 307. FEDERAL RAIL SECURITY OFFICERS' ACCESS TO 
              INFORMATION.</DELETED>

<DELETED>    (a) Amendment.--Chapter 281 is amended by adding at the 
end thereof the following:</DELETED>
<DELETED>``Sec. 28104. Federal rail security officers' access to 
              information</DELETED>
<DELETED>    ``(a) Access to Records or Database Systems by the 
Administrator of the Federal Railroad Administration.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Limitation.--The Administrator may not use 
        the access authorized under paragraph (1) to conduct criminal 
        investigations.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The chapter analysis for 
chapter 281 is amended by adding at the end the following:</DELETED>

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

<DELETED>SEC. 308. UPDATE OF FEDERAL RAILROAD ADMINISTRATION'S 
              WEBSITE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

       <DELETED>TITLE IV--RAILROAD SAFETY ENHANCEMENTS</DELETED>

<DELETED>SEC. 401. EMPLOYEE TRAINING.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 20162. Employee training</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Contents.--The Secretary shall require that each 
training plan--</DELETED>
        <DELETED>    ``(1) clearly identify the class of craft of 
        employees to which the plan applies;</DELETED>
        <DELETED>    ``(2) require that employees be trained on the 
        requirements of relevant Federal railroad safety laws, 
        regulations, and orders;</DELETED>
        <DELETED>    ``(3) require employees to be tested or otherwise 
        demonstrate their proficiency in the subject matter of the 
        training; and</DELETED>
        <DELETED>    ``(4) contain any other relevant information that 
        the Secretary deems appropriate.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``20162. Employee training.''.

<DELETED>SEC. 402. CERTIFICATION OF CERTAIN CRAFTS OR CLASSES OF 
              EMPLOYEES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Crafts and Classes To Be Considered.--As part of the 
report, the Secretary shall consider--</DELETED>
        <DELETED>    (1) conductors;</DELETED>
        <DELETED>    (2) carmen;</DELETED>
        <DELETED>    (3) onboard service workers;</DELETED>
        <DELETED>    (4) rail welders; and</DELETED>
        <DELETED>    (5) any other craft or class of employees that the 
        Secretary determines appropriate.</DELETED>
<DELETED>    (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</DELETED>

<DELETED>SEC. 403. TRACK INSPECTION TIME STUDY.</DELETED>

<DELETED>    (a) Findings.--The Congress finds the following:</DELETED>
        <DELETED>    (1) Rail revenue ton miles have increased by 
        approximately 25 percent in the past 10 years.</DELETED>
        <DELETED>    (2) Federal track safety regulations require track 
        inspectors to complete inspections by walking or in a hi-rail 
        vehicle and are often time intensive.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Obtaining track time to complete required 
        track repairs of defects identified during track inspections 
        can further delay train operations.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Study.--Not later that 2 years after the date of 
enactment of this Act, the Secretary shall--</DELETED>
        <DELETED>    (1) complete a study to determine whether--
        </DELETED>
                <DELETED>    (A) the required intervals of track 
                inspections for each class of track should be 
                amended;</DELETED>
                <DELETED>    (B) track remedial action requirements 
                should be amended;</DELETED>
                <DELETED>    (C) different track inspection and repair 
                priorities or methods should be required; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Considerations.--In conducting the study the Secretary 
shall consider--</DELETED>
        <DELETED>    (1) the most current rail flaw, rail defect 
        growth, rail fatigue, and other relevant track- or rail-related 
        research and studies;</DELETED>
        <DELETED>    (2) the availability and feasibility of developing 
        and implementing new or novel rail inspection technology for 
        routine track inspections;</DELETED>
        <DELETED>    (3) information from National Transportation 
        Safety Board or Federal Railroad Administration accident 
        investigations where track defects were the cause or a 
        contributing cause; and</DELETED>
        <DELETED>    (4) other relevant information, as determined by 
        the Secretary.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 404. STUDY OF METHODS TO IMPROVE OR CORRECT STATION 
              PLATFORM GAPS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 405. USE OF DISTRACTING DEVICES IN LOCOMOTIVE 
              CABS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 406. RAILROAD SAFETY TECHNOLOGY GRANTS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 20163. Railroad safety technology grants</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Grant Criteria.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Considerations.--Priority shall be given to 
        projects that--</DELETED>
                <DELETED>    ``(A) focus on making technologies 
                interoperable between railroad systems, such as train 
                control technologies;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) benefit both passenger and freight 
                safety and efficiency.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``20163. Railroad safety technology grants.''.

<DELETED>SEC. 407. RAILROAD SAFETY INFRASTRUCTURE IMPROVEMENT 
              GRANTS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 20164. Railroad safety infrastructure improvement 
              grants</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Considerations.--In awarding grants the Secretary 
shall consider, at a minimum--</DELETED>
        <DELETED>    ``(1) the age and condition of the rail 
        infrastructure of the applicant;</DELETED>
        <DELETED>    ``(2) the railroad's safety record, including 
        accident and incident numbers and rates;</DELETED>
        <DELETED>    ``(3) the volume of hazardous materials 
        transported by the railroad;</DELETED>
        <DELETED>    ``(4) the operation of passenger trains over the 
        railroad; and</DELETED>
        <DELETED>    ``(5) whether the railroad has submitted a 
        railroad safety risk reduction program, as required by section 
        20157.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``20164. Railroad safety infrastructure improvement grants.''.

<DELETED>SEC. 408. AMENDMENT TO THE MOVEMENT-FOR-REPAIR 
              PROVISION.</DELETED>

<DELETED>    Section 20303 is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(d) Additional Conditions for Movement To Make Repairs 
to Defective or Insecure Vehicles.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(e) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Nearest.--the term `nearest' means the 
        closest in the forward direction of travel for the defective or 
        insecure vehicle.</DELETED>
        <DELETED>    ``(2) Place at which the repairs can be made.--The 
        term `place at which the repairs can be made' means--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 409. DEVELOPMENT AND USE OF RAIL SAFETY 
              TECHNOLOGY.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 20165. Development and use of rail safety 
              technology</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(1) switch position monitoring 
        devices;</DELETED>
        <DELETED>    ``(2) radio, remote control or other power-
        assisted switches;</DELETED>
        <DELETED>    ``(3) hot box, high water or earthquake 
        detectors;</DELETED>
        <DELETED>    ``(4) remote control locomotive zone limiting 
        devices;</DELETED>
        <DELETED>    ``(5) slide fences;</DELETED>
        <DELETED>    ``(6) grade crossing video monitors;</DELETED>
        <DELETED>    ``(7) track integrity warning systems; 
        or</DELETED>
        <DELETED>    ``(8) other similar rail safety technologies, as 
        determined by the Secretary.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``20165. Development and use of rail safety technology.''.

<DELETED>SEC. 410. EMPLOYEE SLEEPING QUARTERS.</DELETED>

<DELETED>    Section 21106 is amended--</DELETED>
        <DELETED>    (1) by inserting ``(a) In General.--'' before ``A 
        railroad carrier''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(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.''.</DELETED>

 <DELETED>TITLE V--RAIL PASSENGER DISASTER FAMILY ASSISTANCE</DELETED>

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

<DELETED>    (a) In General.--Chapter 11 is amended by adding at the 
end of subchapter III the following:</DELETED>
<DELETED>``Sec. 1139. Assistance to families of passengers involved in 
              rail passenger accidents</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Responsibilities of the Board.--The Board shall have 
primary Federal responsibility for--</DELETED>
        <DELETED>    ``(1) facilitating the recovery and identification 
        of fatally injured passengers involved in an accident described 
        in subsection (a); and</DELETED>
        <DELETED>    ``(2) communicating with the families of 
        passengers involved in the accident as to the roles of--
        </DELETED>
                <DELETED>    ``(A) the organization designated for an 
                accident under subsection (a)(2);</DELETED>
                <DELETED>    ``(B) Government agencies; and</DELETED>
                <DELETED>    ``(C) the rail passenger carrier 
                involved,</DELETED>
        <DELETED>with respect to the accident and the post-accident 
        activities.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(1) To provide mental health and counseling 
        services, in coordination with the disaster response team of 
        the rail passenger carrier involved.</DELETED>
        <DELETED>    ``(2) To take such actions as may be necessary to 
        provide an environment in which the families may grieve in 
        private.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) To arrange a suitable memorial service, in 
        consultation with the families.</DELETED>
<DELETED>    ``(d) Passenger Lists.--</DELETED>
        <DELETED>    ``(1) Requests for passenger lists.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) are briefed, prior to any public briefing, 
        about the accident and any other findings from the 
        investigation; and</DELETED>
        <DELETED>    ``(2) are individually informed of and allowed to 
        attend any public hearings and meetings of the Board about the 
        accident.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(g) Prohibited Actions.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(h) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Rail passenger accident.--The term `rail 
        passenger accident' means any rail passenger disaster occurring 
        in the provision of--</DELETED>
                <DELETED>    ``(A) interstate intercity rail passenger 
                transportation (as such term is defined in section 
                24102); or</DELETED>
                <DELETED>    ``(B) interstate or intrastate high-speed 
                rail (as such term is defined in section 26105) 
                transportation,</DELETED>
        <DELETED>regardless of its cause or suspected cause.</DELETED>
        <DELETED>    ``(2) Rail passenger carrier.--The term `rail 
        passenger carrier' means a rail carrier providing--</DELETED>
                <DELETED>    ``(A) interstate intercity rail passenger 
                transportation (as such term is defined in section 
                24102); or</DELETED>
                <DELETED>    ``(B) interstate or intrastate high-speed 
                rail (as such term is defined in section 26105) 
                transportation,</DELETED>
        <DELETED>except that such term does not include a tourist, 
        historic, scenic, or excursion rail carrier.</DELETED>
        <DELETED>    ``(3) Passenger.--The term `passenger' includes--
        </DELETED>
                <DELETED>    ``(A) an employee of a rail passenger 
                carrier aboard a train;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) any other person injured or killed 
                in the accident.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(j) Relinquishment of Investigative Priority.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of sections for such 
chapter is amended by inserting after the item relating to section 1138 
the following:</DELETED>

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

<DELETED>SEC. 502. RAIL PASSENGER CARRIER PLAN TO ASSIST FAMILIES OF 
              PASSENGERS INVOLVED IN RAIL PASSENGER 
              ACCIDENTS.</DELETED>

<DELETED>    (a) In General.--Chapter 243 is amended by adding at the 
end the following:</DELETED>
<DELETED>``Sec. 24316. Plans to address needs of families of passengers 
              involved in rail passenger accidents</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Contents of Plans.--The plan to be submitted by a 
rail passenger carrier under subsection (a) shall include, at a 
minimum, the following:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The chapter analysis for 
chapter 243 is amended by adding at the end the following:</DELETED>

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

<DELETED>SEC. 503. ESTABLISHMENT OF TASK FORCE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Model Plan and Recommendations.--The task force 
established pursuant to subsection (a) shall develop--</DELETED>
        <DELETED>    (1) a model plan to assist passenger rail carriers 
        in responding to passenger rail accidents;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

  <DELETED>TITLE VI--CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID 
                       WASTE FACILITIES</DELETED>

<DELETED>SEC. 601. CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID 
              WASTE FACILITIES.</DELETED>

<DELETED>    Section 10501 is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) by striking ``over mass transportation 
        provided by a local governmental authority.'' in subsection 
        (c)(2) and inserting ``over--</DELETED>
        <DELETED>    ``(A) mass transportation provided by a local 
        governmental authority; or</DELETED>
        <DELETED>    ``(B) the processing or sorting of solid 
        waste.''.</DELETED>

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. Locomotive cab studies.
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.
Sec. 411. Employee protections.
Sec. 412. Unified treatment of families of railroad carriers.
Sec. 413. Study of repeal of Conrail provision.
Sec. 414. Limitations on non-federal alcohol and drug testing by 
                            railroad carriers.
Sec. 415. Critical incident stress plan.

           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. Short title.
Sec. 602. Regulation of solid waste transfer facilities.
Sec. 603. Conforming amendment to title 49.
    (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 at grade 
        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 a public 
                authority or a railroad 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 employee 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 may designate the following amounts for research 
        and development:
                    ``(A) $40,000,000.
                    ``(B) $42,000,000.
                    ``(C) $44,000,000.
                    ``(D) $46,000,000.
                    ``(E) $48,000,000.
                    ``(F) $51,000,000.
            ``(3) With amounts appropriated pursuant to paragraph (1), 
        the Secretary shall purchase Gage Restraint Measurement System 
        vehicles and track geometry vehicles or other comparable 
        technology as needed to assess track safety, consistent with 
        the results of the track inspection study required by section 
        403 of the Railroad Safety Enhancement Act of 2007.
            ``(4) 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.
            ``(5) 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);
            (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.''; and
            (3) by striking ``(c)(1)'' in subsection (f), as 
        redesignated, and inserting ``(e)(1)''.

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.
            (6) Improving the safety of railroad bridges, tunnels, and 
        related infrastructure to prevent accidents, injuries, and 
        fatalities caused by catastrophic failures and other bridge and 
        tunnel failures.
    (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.--In conjunction with ongoing behavior-
        based safety research at the Department of Transportation, the 
        Secretary shall develop a 4-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 1 
        year after the date of enactment of the Railroad Safety 
        Enhancement Act of 2007, the Secretary shall, in coordination 
        with selected railroads, railroad facilities, nonprofit 
        employee labor organizations that represent safety-related 
        railroad employees employed at such railroad or railroad 
        facility, and any other entities that the Secretary determines 
        to be relevant, 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 2 years 
        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 training related to the 
        program.
    ``(b) Selection of Railroad or Railroad Facility for Pilot 
Program.--Not later than 6 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. If 
more than 1 railroad or railroad facility is selected, the Secretary 
shall select railroads and railroad facilities that are representative 
of the railroad industry as a whole, if possible.
    ``(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.
    ``(d) Grants.--The Secretary shall establish a grant program for 
implementation of the railroad safety risk reduction pilot program. 
Railroads and railroad facilities selected by the Secretary shall be 
eligible for grants.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation $1,000,000 for fiscal 
years 2009 and 2010 to carry out this section.''.
    (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 5 years after 
        the date of enactment, 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 system-wide 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, including any non-profit labor organization 
        representing a class or craft of directly affected employees of 
        the railroad carrier, 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 (d) of this 
section, a railroad carrier and its officers and agents may not require 
or allow a train employee to--
            ``(1) remain or go on duty in any calendar month where the 
        employee had spent a total of 276 hours--
                    ``(A) on duty; or
                    ``(B) waiting for transportation, or in deadhead 
                transportation, to a place of final release;
            ``(2) remain or go on duty for a period in excess of 12 
        consecutive hours;
            ``(3) remain or go on duty unless that employee has had at 
        least 10 consecutive hours off duty during the prior 24 hours; 
        and
            ``(4) remain or go on duty after that employee has 
        initiated an on-duty period each day for--
                    ``(A) 6 consecutive days, unless that employee has 
                had at least 48 consecutive hours off duty at the 
                employee's home terminal during which time the employee 
                is unavailable for any service for any railroad 
                carrier; or
                    ``(B) 7 consecutive days, if permitted by a 
                collective bargaining agreement, unless that employee 
                has had at least 72 consecutive hours off duty at the 
                employee's home terminal during which time the employee 
                is unavailable for any service for any railroad 
                carrier.
The Secretary may waive paragraph (4), consistent with the procedural 
requirements of section 20103, if a collective bargaining agreement 
provides a different arrangement and such an arrangement is in the 
public interest and consistent with railroad safety.'';
            (2) by redesignating subsection (c) as subsection (d) and 
        inserting after subsection (b) the following:
    ``(c) Limbo Time Limitation and Additional Rest Requirement.--
            ``(1) A railroad carrier may not require or allow an 
        employee to remain or go on duty in excess of 15 hours of time 
        on duty and time waiting for deadhead transportation on a 
        train, not including interim rest periods unless the train 
        carrying the employee is directly delayed by--
                    ``(A) a casualty;
                    ``(B) an accident;
                    ``(C) an act of God;
                    ``(D) a derailment;
                    ``(E) a major equipment failure that prevents the 
                train from advancing; or
                    ``(F) a delay resulting from a cause unknown and 
                unforeseeable to a railroad carrier or its officer or 
                agent in charge of the employee when the employee left 
                a terminal.
            ``(2) Each railroad shall report to the Secretary, in 
        accordance with procedures established by the Secretary, each 
        instance where an employee subject to this section spends time 
        waiting for deadhead transportation on a train in excess of the 
        requirements of paragraph (1).
            ``(3) A railroad carrier and its officers and agents shall 
        provide, at the election of employees subject to this section 
        at the beginning of the employee's off-duty period additional 
        time off duty equal to the number of hours that such sum 
        exceeds 12 hours if--
                    ``(A) the time spent waiting for transportation, or 
                in deadhead transportation, from a duty assignment to 
                the place of final release that is not time on duty, 
                plus
                    ``(B) the time on duty,
        exceeds 12 consecutive hours.''; and
            (3) by adding at the end thereof the following:
    ``(e) Communication During Time Off Duty.--During a train 
employee's minimum off-duty period of 10 consecutive hours, as provided 
under subsection (a), during an interim period of at least 4 
consecutive hours available for rest under subsection (b)(7), or during 
additional off duty hours elected to be taken by an employee under 
paragraph (b)(3), 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 reasonably be 
expected to 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 for commuter or intercity 
passenger railroads if the Secretary determines that such a waiver will 
not reduce safety and is necessary to maintain such railroads' 
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 and its officers and agents may not require 
or allow its signal employee to remain or go on duty and a contractor 
or subcontractor to a railroad may not require or allow one of its 
signal employees to remain or go on duty --
            ``(1) for a period in excess of 12 consecutive hours; or
            ``(2) unless that 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 inserting ``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, routine 
        maintenance, or routine inspection of signal systems.'' after 
        ``service.'' in subsection (c);
            (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 reasonably be expected to 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) Alternate Hours of Service Regime.--
            (1) In general.--Section 21102 is amended--
                    (A) by striking the section caption and inserting 
                the following:
``Sec. 21102. Nonapplication, exemption, and alternate hours of service 
              regime'';
                and
                    (B) by adding at the end thereof the following:
    ``(c) Alternate Hours of Service Regime.--A railroad carrier and 
its directly affected employees or a non-profit employee labor 
organization that represents such employees may jointly develop and 
submit for approval to the Secretary an alternate hours of service 
regime to that provided in this chapter that would increase the maximum 
hours an employee may be required or allowed to go or remain on duty or 
decrease the minimum hours an employee may be required to rest and 
would become effective no earlier than 1 year after the date of 
enactment of the Railroad Safety Enhancement Act of 2007. The Secretary 
may consider such a request anytime after the date of enactment of the 
Railroad Safety Enhancement Act of 2007 and may approve such a request 
only after providing an opportunity for public notice and comment and 
determining that the proposed hours of service regime is in the public 
interest and will not adversely affect railroad safety. The exemption 
shall be for a specific period of time and shall be subject to review 
upon a schedule determined appropriate by the Secretary.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        211 is amended by striking the item relating to section 21102 
        and inserting the following:

``21102. Nonapplication, exemption, and alternate hours of service 
                            regime.''.
    (e) Regulatory Authority.--
            (1) In general.--Chapter 211 is amended by adding at the 
        end thereof the following:
``Sec. 21109. Regulatory authority
    ``(a) In General.--In order to improve safety and reduce employee 
fatigue, the Secretary may issue regulations--
            ``(1) to reduce the maximum hours an employee may be 
        required or allowed to go or remain on duty to a level less 
        than the level established under this chapter;
            ``(2) to increase the minimum hours an employee may be 
        required or allowed to rest to a level greater than the level 
        established under this chapter;
            ``(3) to limit or eliminate the amount of time an employee 
        spends waiting for or in deadhead transportation to the place 
        of final release that is considered neither on duty nor off 
        duty under this chapter;
            ``(4) to make changes to the number of hours an employee 
        may spend waiting on a train for deadhead transportation to the 
        place of final release that is considered neither on duty nor 
        off duty that provide for an equivalent level of safety as the 
        level established under this chapter;
            ``(5) to make changes to the requirements of off-duty 
        communications with employees that provide for an equivalent 
        level of safety as the level established under this chapter;
            ``(6) for signal employees--
                    ``A) to limit or eliminate the amount of time that 
                is considered to be neither on duty nor off duty under 
                this chapter that an employee spends returning from an 
                outlying worksite after scheduled duty hours or 
                returning from a trouble call to the employee's 
                headquarters or directly to the employee's residence; 
                and
                    ``(B) to increase the amount of time that 
                constitutes a release period, that does not break the 
                continuity of service and is considered time off duty; 
                and
            ``(7) to require other changes to railroad operating and 
        scheduling practices that could affect employee fatigue and 
        railroad safety.
    ``(b) Considerations.--In issuing regulations under subsection (a) 
the Secretary shall consider scientific and medical research related to 
fatigue and fatigue abatement, railroad scheduling and operating 
practices that improve safety or reduce employee fatigue, a railroad's 
use of new or novel technology intended to reduce or eliminate human 
error, the variations in freight and passenger railroad scheduling 
practices and operating conditions, the variations in duties and 
operating conditions for employees subject to this chapter, a 
railroad's required or voluntary use of fatigue management plans 
covering employees subject to this chapter, and any other relevant 
factors.
    ``(c) Time Limits.--If the Secretary requests that the Railroad 
Safety Advisory Committee accept the task of developing regulations 
under paragraph (a) and the Committee accepts the task, the Committee 
shall reach consensus on the rulemaking within 18 months after 
accepting the task. If the Committee does not reach consensus within 18 
months after the Secretary makes the request, the Secretary shall 
prescribe appropriate regulations within 18 months. If the Secretary 
does not request that the Railroad Safety Advisory Committee accept the 
task of developing regulations under subsection (a), the Secretary 
shall issue regulations within 3 years after the date of enactment of 
the Railroad Safety Enhancement Act of 2007.
    ``(d) 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 at least 2 pilot projects of sufficient 
        size and scope to analyze specific practices which may be used 
        to reduce fatigue for train and engine and other 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.
    ``(e) 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.''.
    (f) Record Keeping and Reporting.--
            (1) Regulations.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall issue a regulation 
        revising the requirements for recordkeeping and reporting for 
        Hours of Service of Railroad Employees contained in part 228 of 
        title 49, Code of Federal Regulations--
                    (A) to adjust record keeping and reporting 
                requirements to support fully compliance with chapter 
                211 of title 49, United States Code, as amended by this 
                Act;
                    (B) to authorize electronic record keeping, and 
                reporting of excess service, consistent with 
                appropriate considerations for user interface; and
                    (C) to require training of affected employees and 
                supervisors, including training of employees in the 
                entry of hours of service data.
            (2) Procedure.--In lieu of issuing a notice of proposed 
        rulemaking as contemplated by section 553 of title 5, United 
        States Code, the Secretary may utilize the Railroad Safety 
        Advisory Committee to assist in development of the regulation. 
        The Secretary may propose and adopt amendments to the revised 
        regulations thereafter as may be necessary in light of 
        experience under the revised requirements.
    (g) 1-year Delay in Implementation of Duty Hours Limitation 
Changes.--The amendments made by subsections (a), (b), and (c) shall 
take effect 1 year after the date of enactment of this Act.

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 the Secretary of 
Transportation or another Federal agency to enforce or carry out any 
provision of Federal law, 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 or pilot 
program if the record is--
            ``(1) supplied to the Secretary pursuant to that safety 
        risk reduction program or pilot 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 or pilot 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 analyses 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 active 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 materially obstruct the view of a pedestrian 
or a vehicle operator for a reasonable distance, as specified by the 
Secretary, 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 a public 
                authority or a railroad 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) 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.
    ``(b) Submission of New Technology Proposals.--Railroad carriers 
and railroad suppliers may submit for review and approval to the 
Secretary such new technology designed to improve safety at highway-
rail grade crossings. The Secretary shall approve the new technology 
designed to improve safety at highway-rail grade crossings in 
accordance with Federal Railroad Administration standards for the 
development and use of processor-based signal and train control systems 
and shall consider the effects on safety of highway-user interface with 
the new technology.
    ``(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;
            (6) to inspect railroad bridges, tunnels, and related 
        infrastructure, and to review or analyze railroad bridge, 
        tunnel, and related infrastructure inspection reports; and
            (7) 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) car repair and maintenance employees;
            (3) onboard service workers;
            (4) rail welders;
            (5) dispatchers;
            (6) signal repair and maintenance employees; and
            (7) 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) 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.
    (b) 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.
    (c) 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. LOCOMOTIVE CAB STUDIES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, through the Railroad Safety Advisory 
Committee if the Secretary makes such a request, shall complete a study 
on the safety impact 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 prevalence of the use 
of such devices.
    (b) Locomotive Cab Environment.--The Secretary may also study other 
elements of the locomotive cab environment and their effect on an 
employee's health and safety.
    (c) Report.--Not later than 6 months after the completion of any 
study under this section, 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.
    (d) 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. Based on the conclusions of 
other studies conducted under subsection (b), the Secretary may issue 
regulations to improve elements of the cab environment to protect an 
employee's health and safety.

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 
governing 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;
            ``(8) or 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'';
            (2) by striking ``sanitary and give those employees and 
        individuals an opportunity for rest free from the interruptions 
        caused by noise under the control of the carrier;'' in 
        paragraph (1) and inserting ``sanitary, give those employees 
        and individuals an opportunity for rest free from the 
        interruptions caused by noise under the control of the carrier, 
        and provide indoor toilet facilities, potable water, and other 
        features to protect the health of employees;'' and
            (3) by adding at the end the following:
    ``(b) Camp Cars.--No later than 12 months after the date of 
enactment of the Railroad Safety Enhancement Act of 2007, the 
Secretary, in consultation with the Secretary of Labor, shall issue 
regulations governing the use of camp cars, pursuant to subsection 
(a)(1), for employees and any individuals employed to maintain the 
right of way of a railroad carrier. The regulations may also prohibit 
the use of camp cars, if necessary, to protect the health and safety of 
the employees.''.

SEC. 411. EMPLOYEE PROTECTIONS.

    Section 20109(a) is amended--
            (1) by redesignating paragraphs (5) through (7) as 
        paragraphs (6) through (8), respectively; and
            (2) by inserting after paragraph (4) the following:
            ``(5) to request that a railroad carrier provide first aid, 
        prompt medical treatment, or transportation to an appropriate 
        medical facility or hospital after being injured during the 
        course of employment, or to comply with treatment prescribed by 
        a physician or licensed health care professional consistent 
        with the carrier's medical standards for fitness for duty;''.

SEC. 412. UNIFIED TREATMENT OF FAMILIES OF RAILROAD CARRIERS.

    Section 20102(3), as redesignated by section 2(b) of this Act, is 
amended to read as follows:
            ``(3) `railroad carrier' means a person providing railroad 
        transportation, except that, upon petition by a group of 
        commonly controlled railroad carriers that the Secretary 
        determines is operating within the United States as a single, 
        integrated rail system, the Secretary may by order treat the 
        group of railroad carriers as a single railroad carrier for 
        purposes of one or more provisions of part A, subtitle V of 
        this title and implementing regulations and order, subject to 
        any appropriate conditions that the Secretary may impose.''.

SEC. 413. STUDY OF REPEAL OF CONRAIL PROVISION.

    Within 1 year after the date of enactment of this Act, the 
Secretary shall complete a study of the impacts of repealing section 
711 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797j). 
Within 6 months after completing the study, the Secretary shall 
transmit a report with the Secretary's findings, conclusions, and 
recommendations to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure.

SEC. 414. LIMITATIONS ON NON-FEDERAL ALCOHOL AND DRUG TESTING BY 
              RAILROAD CARRIERS.

    (a) In General.--Chapter 20l, as amended by section 409, is further 
amended by adding at the end the following:
``Sec. 20166. Limitations on non-federal alcohol and drug testing
    ``(a) Testing Requirements.--Any non-Federal alcohol and drug 
testing program of a railroad carrier must provide that all post-
employment tests of the specimens of employees who are subject to both 
the program and chapter 211 of this title be conducted using a 
scientifically recognized method of testing capable of determining the 
presence of the specific analyte at a level above the cut-off level 
established by the carrier.
    ``(b) Redress Process.--Each railroad carrier that has a non-
Federal alcohol and drug testing program must provide a redress process 
to its employees who are subject to both the alcohol and drug testing 
program and chapter 211 of this title for such an employee to petition 
for, and receive, a carrier hearing to review his or her specimen test 
results that were determined to be in violation of the program. A 
dispute or grievance raised by a railroad carrier or its employee, 
except a probationary employee, in connection with the carrier's 
alcohol and drug testing program and the application of this section is 
subject to resolution under section 3 of the Railway Labor Act (45 
U.S.C. 153).''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201, as 
amended by section 409 of this Act, is further amended by inserting 
after the item relating to section 20165 the following:

``20166. Limitations on non-federal alcohol and drug testing by 
                            railroad carriers.''.

SEC. 415. CRITICAL INCIDENT STRESS PLAN.

    The Secretary, in consultation with the Secretary of Labor and the 
Secretary of Health and Human Services, as appropriate, shall require 
each Class 1 railroad, and any other railroad that the Secretary 
determines appropriate--
            (1) to develop and submit for approval to the Secretary a 
        critical incident stress plan that provides for debriefing, 
        counseling, guidance, and other appropriate support services to 
        be offered to an employee affected by a critical incident;
            (2) immediately relieve an employee involved in a critical 
        incident of his or her duties; and
            (3) upon the employee's request, relieve an employee that 
        witnessed a critical incident of his or her duties as soon as 
        feasible.

           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.--Except as provided in subsection 
        (k), 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 resulting in a 
        major loss of life 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.
    ``(k) Savings Clause.--Nothing in this section shall be construed 
to abridge the authority of the Board or the Secretary of 
Transportation to investigate the causes or circumstances of any rail 
accident, including development of information regarding the nature of 
injuries sustained and the manner in which they were sustained for the 
purposes of determining compliance with existing laws and regulations 
or for identifying means of preventing similar injuries in the future, 
or both.''.
    (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 
major 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 gross negligence or 
extreme misconduct.
    ``(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. SHORT TITLE.

    This title may be cited as the ``Clean Railroads Act of 2007''.

SEC. 602. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES.

    Subtitle A of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
is amended by adding at the end thereof the following:

``SEC. 1009. CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE 
              RAIL TRANSFER FACILITIES.

    ``(a) In General.--A State or political subdivision thereof may 
enforce state solid waste environmental laws at a solid waste rail 
transfer facility.
    ``(b) Existing Facilities.--
            ``(1) In general.--Within 180 days after the date of 
        enactment of the Rail Safety Enhancement Act of 2007, a solid 
        waste rail transfer facility operating as of that date shall 
        comply with all State solid waste environmental laws other than 
        those requiring permits.
            ``(2) Permitting requirements.--Any solid waste rail 
        transfer facility described in paragraph (1) that does not 
        already posses permits related to State solid waste 
        environmental laws as of the date of enactment of the Rail 
        Safety Enhancement Act of 2007 shall not be required by a solid 
        waste facility permitting agency to possess any permits related 
        to State solid waste environmental laws in order to operate the 
        facility--
                    ``(A) if within 1 year after the date of enactment 
                of the Rail Safety Enhancement Act of 2007, the 
                railroad carrier that owns or operates the solid waste 
                rail transfer facility has submitted, in good faith, a 
                complete application for all permits required by a 
                State's solid waste environmental laws to a solid waste 
                facility permitting agency authorized to grant such 
                permits; and
                    ``(B) until a solid waste facility permitting 
                agency has either approved or denied the railroad 
                carrier's application for a permit or permits.
    ``(c) Definitions.--In this section:
            ``(1) Solid waste facility permitting agency.--The term 
        `solid waste facility permitting agency' means an agency of a 
        State or subdivision thereof authorized to grant permits, 
        including licenses or other approvals or credentials, from such 
        State or subdivision in order to generate, store, treat, 
        handle, manage, or dispose of solid waste in such State.
            ``(2) Solid waste rail transfer facility.--The term `solid 
        waste rail transfer facility'--
                    ``(A) means the portion of a facility owned or 
                operated by or on behalf of a railroad carrier (as 
                defined in section 10102 of title 49, United States 
                Code) where solid waste, as a commodity to be 
                transported in commerce, is collected, stored, 
                separated, processed, treated, managed, disposed of, or 
                transferred outside of original sealed shipping 
                containers; but
                    ``(B) does not include a facility to the extent 
                that activities taking place at such facility are 
                comprised of the railroad transportation of solid waste 
                after the solid waste is placed on or in a rail car, 
                including railroad transportation for the purpose of 
                interchanging railroad cars containing sealed solid 
                waste shipments.
            ``(3) State solid waste environmental laws.--The term 
        `State solid waste environmental laws'--
                    ``(A) means--
                            ``(i) the substantive and procedural 
                        aspects of statutes, regulations, and orders of 
                        a State or its subdivisions that establish 
                        public health and safety or environmental 
                        standards concerning the generation, storage, 
                        treatment, handling, management, or disposal of 
                        solid waste; and
                            ``(ii) the substantive and procedural 
                        aspects of statutes, regulations, and orders of 
                        a State or its subdivisions which govern the 
                        processes and procedures by which permits, 
                        licenses, or other approvals or credentials 
                        from such State or subdivision are required in 
                        order to generate, store, treat, handle, 
                        manage, or dispose of solid waste are granted; 
                        but
                    ``(B) does not include the statutes, regulations, 
                and orders of a State or its subdivisions which govern 
                land use, including land use restrictions or zoning 
                ordinances.''.

SEC. 603. CONFORMING AMENDMENT TO TITLE 49.

    Section 10501(c)(2) is amended to read as follows:
            ``(2) Except as provided in paragraph (3), the Board does 
        not have jurisdiction under this part over--
                    ``(A) mass transportation provided by a local 
                government authority; or
                    ``(B) a solid waste rail transfer facility (as 
                defined in section 1009 (c)(2) of the Solid Waste 
                Disposal Act (42 U.S.C. 6909(c)(2))).''.
                                                       Calendar No. 590

110th CONGRESS

  2d Session

                                S. 1889

                          [Report No. 110-270]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 3, 2008

        Reported with an amendment in the nature of a substitute