[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 918 Introduced in Senate (IS)]

  1st Session
                                 S. 918

 To authorize appropriations for activities under the Federal railroad 
safety laws for fiscal years 2008 through 2011, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2007

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

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for activities under the Federal railroad 
safety laws for fiscal years 2008 through 2011, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Railroad Safety 
Accountability and Improvement Act''.

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

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

SEC. 3. TABLE OF CONTENTS.

     The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents.
 TITLE I--AUTHORIZATION OF APPROPRIATIONS AND ESTABLISHMENT OF SAFETY 
                         RISK REDUCTION PROGRAM

Sec. 101. Authorization of appropriations and establishment of safety 
                            risk reduction program.
Sec. 102. Protection of railroad safety risk reduction program 
                            information.
                 TITLE II--HIGHWAY-RAIL CROSSING SAFETY

Sec. 201. National crossing inventory.
Sec. 202. Fostering introduction of new technology to improve safety at 
                            highway-rail grade crossings.
Sec. 203. Authority to buy promotional items to improve railroad 
                            crossing safety and prevent railroad 
                            trespass.
      TITLE III--RULEMAKING, INSPECTION, AND ENFORCEMENT AUTHORITY

Sec. 301. Railroad security.
Sec. 302. Emergency waivers.
Sec. 303. Railroad radio monitoring authority and general inspection 
                            authority.
Sec. 304. Authority to disqualify individuals from performing safety-
                            sensitive functions in the railroad 
                            industry based on their violation of 
                            hazardous material transportation law.
Sec. 305. Technical amendments regarding enforcement by the Attorney 
                            General.
Sec. 306. Unified treatment of families of railroad carriers providing 
                            integrated railroad operations.
Sec. 307. Hours of service reform.
Sec. 308. Amendment to the movement-for-repair provision.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Technical amendments to eliminate unnecessary provisions.
Sec. 402. Alternate names for chapters of subtitle V, part A.
Sec. 403. Federal rail security officers' access to criminal history 
                            and other law enforcement records, systems, 
                            and communications.

 TITLE I--AUTHORIZATION OF APPROPRIATIONS AND ESTABLISHMENT OF SAFETY 
                         RISK REDUCTION PROGRAM

SEC. 101. AUTHORIZATION OF APPROPRIATIONS AND ESTABLISHMENT OF SAFETY 
              RISK REDUCTION PROGRAM.

    (a) Amendment.--Section 20117(a) is amended--
            (1) in subsection (a)(1), by striking ``chapter'' and 
        substituting ``part and to carry out responsibilities under 
        chapter 51 as delegated or authorized by the Secretary'' and by 
        striking subparagraphs (A) through (F);
            (2) by striking subsection (a)(2); and
            (3) by redesignating subsection (a)(1), as amended by this 
        Act, as subsection (a), and inserting the following at the end:
            ``(1) $180,722,000 for the fiscal year ending September 30, 
        2008.
            ``(2) Such sums as may be necessary for fiscal years 2009 
        through 2011.''.
    (b) Amendment.--Section 20117, as amended by this Act, is further 
amended by inserting at the end a new subsection (f) as follows:
    ``(f) Safety Risk Reduction.--Not more than $2,363,000 of the 
$180,722,000 for fiscal year 2008 and such sums as may be necessary for 
fiscal years 2009 through 2011 are authorized to be appropriated to the 
Secretary for a safety risk reduction program to be implemented as part 
of the railroad safety program. The safety risk reduction program shall 
require each railroad to systematically evaluate safety risks, manage 
those risks, and implement measures to eliminate or mitigate risks in 
its processes and procedures. The safety risk reduction program, which 
requires different skills than the activities previously undertaken in 
the railroad safety program, shall be undertaken in addition to the 
current railroad safety program.''.

SEC. 102. PROTECTION OF RAILROAD SAFETY RISK REDUCTION PROGRAM 
              INFORMATION.

    (a) Amendment.--Chapter 201 as amended by this Act is further 
amended by adding the following two new sections:
``Sec. 20118. Prohibition on public disclosure of required railroad 
              safety risk reduction records
    ``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 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 
regulation or order under this chapter that requires the establishment, 
implementation, or modification of a railroad safety risk reduction 
program if the record is required to be--
            ``(1) supplied to the Secretary pursuant to that safety 
        risk reduction program; or
            ``(2) made available for inspection and copying by an 
        officer, employee, or agent of the Secretary pursuant to that 
        safety risk reduction program.
``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 identifying, evaluating, planning, or implementing a 
railroad safety risk reduction program pursuant to a regulation or 
order under this chapter (including, but not limited to, 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.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
201 is amended by adding after the item relating to section 20117 the 
following new items:

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

                 TITLE II--HIGHWAY-RAIL CROSSING SAFETY

SEC. 201. NATIONAL CROSSING INVENTORY.

    (a) Amendment.--Chapter 201 as amended by this Act is further 
amended by adding at the end the following new section:
``Sec. 20156. National crossing inventory
    ``(a) Initial Reporting of Information About Previously Unreported 
Crossings.--Not later than 12 months after the date of enactment of the 
Federal Railroad Safety Accountability and Improvement Act or 12 months 
after a new crossing becomes operational, whichever occurs later, each 
railroad carrier shall--
            ``(1) report to the Secretary of Transportation current 
        information (including, but not limited to, information about 
        warning devices and signage), as specified by the Secretary, 
        concerning each previously unreported crossing through which it 
        operates with respect to the trackage over which it operates; 
        or
            ``(2) ensure that the information has been reported to the 
        Secretary by another railroad carrier that operates through the 
        crossing on the same trackage.
    ``(b) Updating of Crossing Information.--(1) On a periodic basis 
beginning not later than 3 years after the date of enactment of the 
Federal Railroad Safety Accountability and Improvement Act and on or 
before September 30 of every third year thereafter, or as otherwise 
specified by the Secretary, each railroad carrier shall--
            ``(A) report to the Secretary current information 
        (including, but not limited to, information about warning 
        devices and signage), as specified by the Secretary, concerning 
        each crossing through which it operates with respect to the 
        trackage over which it operates; or
            ``(B) ensure that the information has been reported to the 
        Secretary by another railroad carrier that operates through the 
        crossing on the same trackage.
    ``(2) A railroad carrier that sells a crossing, or any part of a 
crossing, on or after the date of enactment of the Federal Railroad 
Safety Accountability and Improvement Act, shall, not later than the 
date that is 3 years after the date of enactment of the 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 the part of the crossing.
    ``(c) Rulemaking Authority.--The Secretary shall prescribe the 
regulations necessary to implement this section. This rulemaking shall 
consider the expected benefits to the inventory of, and costs of, 
alternative information-collection requirements (including the 
distribution of benefits and costs) and shall consider the collection 
of information for categories of crossings that pose lower risks that 
is less extensive or less frequent, or both, than that provided for in 
subsection (b). 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 this section, 
until such provision is superseded by a regulation issued under this 
section.
    ``(d) Definitions.--In this section--
            ``(1) `crossing' means a location within a state, other 
        than a location where one or more railroad tracks cross one or 
        more railroad tracks either at grade or grade-separated, 
        where--
                    ``(A) a public highway, road, or street, or a 
                private roadway, including associated sidewalks and 
                pathways, crosses one or more railroad tracks either at 
                grade or grade-separated; or
                    ``(B) a pathway dedicated for the use of non-
                vehicular 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; and
            ``(2) `State' means a State of the United States, the 
        District of Columbia, or Puerto Rico.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
201 as amended by this Act is further amended by adding after the item 
relating to section 20155 the following new item:

``20156. National crossing inventory.''.
    (c) Amendment.--Section 130 of title 23, United States Code, is 
amended by inserting the following new subsection at the end:
    ``(l) National Crossing Inventory.--
            ``(1) Initial reporting of information about previously 
        unreported public crossings.--Not later than 12 months after 
        the date of enactment of the Federal Railroad Safety 
        Accountability and Improvement Act or within 12 months of a new 
        crossing becoming operational, whichever occurs later, each 
        State shall report to the Secretary current information 
        (including, but not limited to, information about warning 
        devices and signage), as specified by the Secretary, concerning 
        each previously unreported public crossing located within its 
        borders.
            ``(2) Updating of public crossing information; report 3 
        years after enactment, then two-tier system for further 
        updates.--Each State shall report to the Secretary current 
        information (including, but not limited to, information about 
        warning devices and signage), as specified by the Secretary, 
        concerning each crossing located within its borders involving a 
        public street, road, or highway. Each report shall be made on a 
        periodic basis beginning not later than 3 years after the date 
        of enactment of the Federal Railroad Safety Accountability and 
        Improvement Act and on or before September 30 of--
                    ``(A) every third year thereafter, or as specified 
                by the Secretary, for a crossing involving a public 
                street, road, or highway, other than a local or county 
                street, road, or highway; and
                    ``(B) every fifth year thereafter, or as specified 
                by the Secretary, for a crossing involving a public 
                local or county street, road, or highway or involving a 
                publicly owned pathway dedicated for the use of non-
                vehicular traffic, including pedestrians, bicyclists, 
                and others, that is not associated with a public 
                highway, road, or street, or a private roadway.
            ``(3) Rulemaking authority.--The Secretary shall prescribe 
        the regulations necessary to implement this subsection. This 
        rulemaking shall consider the expected benefits to the 
        inventory of, and costs of, alternative information-collection 
        requirements (including the distribution of benefits and costs) 
        and shall consider the collection of information for categories 
        of crossings that pose lower risks that is less extensive or 
        less frequent, or both, than that provided for in paragraph (2) 
        of 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 this subsection, until such provision is 
        superseded by a regulation issued under this subsection.
            ``(4) Definition.--In this subsection--
                    ``(A) `public 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--
                            ``(i) a public highway, road, or street, 
                        including associated sidewalks and pathways, 
                        crosses one or more railroad tracks either at 
                        grade or grade-separated; or
                            ``(ii) a publicly owned pathway dedicated 
                        for the use of non-vehicular 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; and
                    ``(B) `State' means a State of the United States, 
                the District of Columbia, or Puerto Rico.''.
    (d) Civil Penalties.--(1) Section 21301(a)(1) is amended--
            (A) by striking the period at the end of the first sentence 
        and substituting ``or with section 20156 of this title.''; and
            (B) in the second sentence, by inserting ``or violating 
        section 20156 of this title'' between ``chapter 201'' and ``is 
        liable''.
    (2) Section 21301(a)(2) is amended by inserting after the first 
sentence the following: ``The Secretary shall subject a person to a 
civil penalty for a violation of section 20156 of this title.''.

SEC. 202. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO IMPROVE SAFETY AT 
              HIGHWAY-RAIL GRADE CROSSINGS.

    (a) Amendment.--Chapter 201 as amended by this Act is further 
amended by adding at the end a new section 20157 to read as follows:
``Sec. 20157. Fostering introduction of new technology to improve 
              safety at highway-rail grade crossings
    ``(a) Findings.--(1) Collisions between highway users and trains at 
highway-rail grade crossings continue to cause an unacceptable loss of 
life and serious personal injury and also threaten the safety of rail 
transportation.
    ``(2) While elimination of at-grade crossings through consolidation 
of crossings and grade separations offers the greatest long-term 
promise for optimizing the safety and efficiency of the two modes of 
transportation, over 140,000 public grade crossings remain on the 
general rail system--approximately one for each route mile on the 
general rail system.
    ``(3) Conventional highway traffic control devices such as flashing 
lights and gates are effective in warning motorists of a train's 
approach to an equipped crossing but require considerable expense to 
install and to maintain.
    ``(4) Since enactment of the Highway Safety Act of 1973, over 
$4,200,000,000 of Federal funding has been invested in safety 
improvements at highway-rail grade crossings, yet a majority of public 
highway-rail grade crossings are not yet equipped with active warning 
systems.
    ``(5) The emergence of new technologies supporting Intelligent 
Transportation Systems presents opportunities for more effective and 
affordable warnings and safer passage of highway users and trains at 
remaining highway-rail grade crossings.
    ``(6) Implementation of new crossing safety technology will require 
extensive cooperation between highway authorities and railroad 
carriers.
    ``(7) Uncertainty concerning potential liability in tort threatens 
to arrest development and implementation of lifesaving systems, 
discouraging suppliers, State and local authorities, and railroad 
carriers from moving forward with systems that have strong potential to 
save lives and prevent personal injuries.
    ``(8) Federal Railroad Administration regulations establishing 
performance standards for processor-based signal and train control 
systems provide a suitable framework for qualification of new or novel 
technology at highway-rail grade crossings, and the Federal Highway 
Administration's Manual on Uniform Traffic Control Devices provides an 
appropriate means of determining highway user interface with such new 
technology.
    ``(b) Policy.--It is the policy of the United States to encourage 
the development of new technology that can prevent loss of life and 
injuries at highway-rail grade crossings. The Secretary of 
Transportation is designated to carry out this policy in consultation 
with States and necessary public and private entities.
    ``(c) Preemptive Effect of Federal Action.--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 based upon 
selection of such technology. Nor shall a railroad carrier be found 
liable in damages because of an accident or incident at a 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. Nor shall any party be found liable for 
damages for failure to apply such technology at a different grade 
crossing location.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
201 as amended by this Act is further amended by adding the following 
new item:

``20157. Fostering introduction of new technology to improve safety at 
                            highway-rail grade crossings.''.

SEC. 203. AUTHORITY TO BUY PROMOTIONAL ITEMS TO IMPROVE RAILROAD 
              CROSSING SAFETY AND PREVENT RAILROAD TRESPASS.

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

      TITLE III--RULEMAKING, INSPECTION, AND ENFORCEMENT AUTHORITY

SEC. 301. RAILROAD SECURITY.

    Section 20103(a) is amended to read as follows:
    ``(a) Regulations and Orders.--The Secretary of Transportation, as 
necessary, shall prescribe regulations and issue orders for every area 
of railroad safety supplementing laws and regulations in effect on 
October 16, 1970. Any regulation prescribed or order issued by the 
Secretary of Transportation involving railroad safety shall not be 
subject to challenge, under section 20114(c) of this chapter or under 
any other provision of law by which such a regulation or order may be 
subject to judicial review, on the ground that it impacts security.''.

SEC. 302. EMERGENCY WAIVERS.

     Section 20103 as amended by this Act is further amended by--
            (1) revising subsection (e) to read as follows:
    ``(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) adding at the end a new subsection (g) to read as 
        follows:
    ``(g) Emergency Waivers.--(1) 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 nine 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) 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) For purposes of this subsection, the terms `emergency 
situation' and `emergency event' refer to 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. 303. RAILROAD RADIO MONITORING AUTHORITY AND GENERAL INSPECTION 
              AUTHORITY.

    (a) Amendment.--Section 20107 is amended by inserting at the end 
the following new subsection:
    ``(c) Railroad Radio Communications.--(1) To carry out the 
Secretary's responsibilities under this part and under chapter 51, the 
Secretary may authorize officers, employees, or agents of the Secretary 
to conduct the following activities in circumstances determined by the 
Secretary in the Secretary's discretion to be reasonable:
            ``(A) Intercepting a radio communication that is broadcast 
        or transmitted over a frequency authorized for the use of one 
        or more railroad carriers by the Federal Communications 
        Commission, with or without making their presence known to the 
        sender or other receivers of the communication and with or 
        without obtaining the consent of the sender or other receivers 
        of the communication.
            ``(B) 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) 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, including, but not limited to, accident investigation.
    ``(3)(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 for 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 paragraph (3)(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) Information obtained through activities set forth in 
paragraphs (1) and (2) shall not be subject to publication or 
disclosure under section 552 of title 5.
    ``(D) 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 paragraph (3)(A).
    ``(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) Section 705 of the Communications Act of 1934 (47 U.S.C. 605) 
and chapter 119 of title 18, United States Code, shall not apply to 
conduct authorized by and pursuant to this subsection.''.
    (b) Amendment.--Section 2511(2) of title 18, United States Code, is 
amended by adding after paragraph (i), the following new paragraph:
    ``(j) Notwithstanding any other provision of this chapter or 
section 605 of title 47, the Secretary of Transportation and officers, 
employees, or agents of the Department of Transportation authorized by 
the Secretary of Transportation, in furtherance of the Federal railroad 
safety laws at subtitle V, part A, of title 49 and at chapter 51 of 
title 49, for the purpose of accident prevention, including, but not 
limited to, accident investigation, may intercept radio communications 
broadcast or transmitted over a frequency authorized for the use of one 
or more railroad carriers by the Federal Communications Commission and 
may disclose or use the information thereby obtained, for the purposes 
and to the extent permitted by section 20107(c) of title 49.''.
    (c) Amendment.--Section 20107(b) is amended by striking ``at 
reasonable times'' and inserting in its place the following: ``in 
circumstances determined by the Secretary in the Secretary's discretion 
to be reasonable''.

SEC. 304. AUTHORITY TO DISQUALIFY INDIVIDUALS FROM PERFORMING SAFETY-
              SENSITIVE FUNCTIONS IN THE RAILROAD INDUSTRY BASED ON 
              THEIR VIOLATION OF HAZARDOUS MATERIAL 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. TECHNICAL AMENDMENTS REGARDING ENFORCEMENT BY THE ATTORNEY 
              GENERAL.

     Section 20112(a) is amended--
            (1) in paragraph (1), by inserting ``this part, except for 
        section 20109 of this title, or'' before ``a railroad safety 
        regulation'';
            (2) in paragraph (2), by inserting ``, 21302, or 21303'' 
        after ``section 21301''; and
            (3) in paragraph (3), by inserting after ``subpena'' the 
        following: ``request for admissions, request for production of 
        documents or other tangible things, or request for testimony by 
        deposition'' and by striking ``chapter'' and substituting 
        ``part''.

SEC. 306. UNIFIED TREATMENT OF FAMILIES OF RAILROAD CARRIERS PROVIDING 
              INTEGRATED RAILROAD OPERATIONS.

     Section 20102(2) is amended to read as follows:
            ``(2) `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 orders, subject to 
        any appropriate conditions that the Secretary may impose.''.

SEC. 307. HOURS OF SERVICE REFORM.

    (a) Repeal.--Chapter 211 is repealed and reserved upon the 
effective date of the regulations prescribed under section 20158, as 
added by subsection (c) of this section.
    (b) Amendment.--Upon the effective date of the regulations 
prescribed under section 20158, as added by subsection (c) of this 
section--
            (1) the first sentence of section 20103(a) as amended by 
        this Act is further amended to read as follows:
            ``(1) The Secretary of Transportation, as necessary, shall 
        prescribe regulations and issue orders for every area of 
        railroad safety--
                    ``(A) superseding the Federal hours of service laws 
                formerly codified at chapter 211 of this title and 
                regulations and orders pursuant to those laws; and
                    ``(B) supplementing other regulations and other 
                laws in effect on October 16, 1970.''; and
            (2) the second sentence of section 20103(a) as amended by 
        this Act is designated as paragraph (2).
    (c) Amendment.--Chapter 201 as amended by this Act is further 
amended by adding at the end the following new section:
``Sec. 20158. Fatigue, including hours of service
    ``(a) Mandate To Convert Statute to Regulations; Nonreviewability; 
Repeal of Chapter 211.--(1) The Secretary of Transportation shall 
prescribe regulations embodying the substantive provisions of the 
Federal hours of service laws codified at sections 21101-21106 and 
21108 of this title and in so doing may make changes necessary to 
transform those provisions into regulatory form.
    ``(2) Notwithstanding any other provision of law, these regulations 
shall not be subject to judicial review.
    ``(3) Upon the effective date of the regulations prescribed under 
this subsection (a) (the status quo regulations), chapter 211 of this 
title is repealed and reserved.
    ``(b) Authority To Prescribe Amendments to the Status Quo 
Regulations.--After the Secretary has prescribed the regulations 
mandated by subsection (a) and after the regulations mandated by 
subsection (a) have become effective, the Secretary may amend the 
regulations as the Secretary deems necessary in accordance with the 
Secretary's general authority under section 20103 of this title, to 
prevent and mitigate fatigue among individuals performing safety-
critical duties in train and engine service, signal or train control 
service, or dispatching service, whether or not directly employed by a 
railroad carrier, providing however that, before prescribing any 
initial amendments to the regulations mandated by subsection (a) for a 
particular category of employees, the Secretary shall follow the 
procedures set forth in subsection (c).
    ``(c) Procedures for Prescribing Initial Regulatory Amendments.--
(1) Prior to proposing any initial regulatory amendment to the 
regulations mandated by subsection (a), the Secretary shall request--
            ``(A) that the Railroad Safety Advisory Committee accept 
        the task of developing consensus recommendations to the 
        Secretary on the problem of fatigue experienced by individuals 
        performing any one or more of the following types of service: 
        train and engine service, signal or train control service, or 
        dispatching service; and
            ``(B) that the Committee communicate in writing to the 
        Secretary its decision whether or not to accept the task.
    ``(2) If the Committee timely accepts the task with respect to a 
particular type of service, it shall assist the Secretary in conducting 
the review described in subsections (c)(3) and (c)(6) with respect to 
the particular type of service. If the Committee does not timely accept 
the task with respect to a particular type of service, the Secretary 
may proceed with proposing to prescribe any amendments with respect to 
the particular type of service without the assistance of the Committee.
    ``(3) The Secretary shall review the problem of fatigue experienced 
by individuals performing train and engine service, signal or train 
control service, and dispatching service or any combination of such 
types of service and shall consider how the likelihood of accidents and 
injuries caused by that fatigue can be reduced. The review shall take 
into account current and evolving scientific knowledge and literature 
relating to fatigue, and shall include an evaluation of the following:
            ``(A) The varying circumstances of railroad carrier 
        operations and the appropriate fatigue countermeasures to 
        address those varying circumstances, based on current and 
        evolving scientific and medical research on circadian rhythms 
        and human sleep and rest requirements.
            ``(B) The benefits and costs of a revised regulatory 
        program.
            ``(C) Ongoing and planned voluntary initiatives by railroad 
        carriers and rail labor organizations to address fatigue 
        management, including the extent to which voluntary activit