[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5831 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5831

To require the Secretary of Transportation to establish and implement a 
            fatigue management plan, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

 Ms. DeLauro introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Transportation to establish and implement a 
            fatigue management plan, 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. FATIGUE MANAGEMENT PLAN.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Transportation shall require all railroad 
carriers to establish and implement a fatigue management plan that 
identifies and evaluates any fatigue-related railroad safety hazards on 
its system and determine the degree of risk associated with each 
hazard.
    (b) Contents.--The plan required under subsection (a) shall be 
completed in accordance with the requirements in section 20156(f) of 
title 49, United States Code.
    (c) Submission.--The plan required under subsection (a) shall be 
submitted to the Secretary for approval.
    (d) Consensus.--In preparing the plan required under subsection 
(a), each railroad shall use good faith and best efforts in accordance 
with section 20156(g) of such title to reach an agreement with affected 
employees.

SEC. 2. HOURS OF SERVICE.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall ensure 
that railroad carriers provide railroad employees with predictable and 
defined work and rest schedules. Predictable work schedules for 
railroad employees means either a defined start time or a minimum of 10 
hours prior notification before being required to report to duty.
    (b) Supplemental Regulation.--Any requirement under subsection (a) 
shall supplement, and not supplant, the requirements of section 21103 
of title 49, United States Code.

SEC. 3. ENFORCEMENT OF VIOLATIONS.

    (a) Enforcement by the Secretary of Transportation.--Section 20111 
of title 49, United States Code, is amended--
            (1) in subsection (a)(1) by inserting ``, except that a 
        compromise may not reduce the penalty below the applicable 
        minimum penalty set forth in sections 21301 and 21302'' before 
        the semicolon; and
            (2) by adding at the end the following:
    ``(e) Mandatory Enforcement.--For any violation for which a penalty 
is prescribed under this chapter, the Secretary shall impose the 
applicable penalty for such violation. The Secretary shall impose such 
penalty not later than 30 days after the violation has occurred without 
regard to any correction of such violation on the part of the party 
liable for such violation.''.
    (b) Certain Federal and State Regulations Deemed Statutory 
Authority.--Section 4A of the Act of April 22, 1908 (45 U.S.C. 54a), is 
amended by inserting ``a State or'' before ``a State agency''.

SEC. 4. INSTALLATION OF AUDIO AND IMAGE RECORDING DEVICES.

    Section 20168 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2) by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
            ``(4) have a light indicator that illuminates while 
        recording device is in use; and
            ``(5) record when locomotive is moving and cease recording 
        after the locomotive stops.'';
            (2) in subsection (d)--
                    (A) by inserting ``only'' before ``use 
                recordings'';
                    (B) in paragraph (1) by striking ``and the railroad 
                carrier's operating rules and procedures, including a 
                system-wide program for such verification'' and 
                inserting ``after a reportable accident or incident 
                occurs''; and
                    (C) by striking paragraph (4);
            (3) in subsection (e)(2) by inserting ``and that complies 
        with subsection (i)'' before the period at the end;
            (4) in subsection (i) by striking ``retaliate against an 
        employee'' and inserting ``retaliate against an employee, 
        including through the use of discipline, or be used in an 
        enforcement proceeding against an employee conducted by the 
        Federal Railroad Administration''; and
            (5) by adding at the end the following:
    ``(k) Voluntary Implementation.--
            ``(1) In general.--Each rail carrier operating freight rail 
        service may implement any inward- or outward-facing image 
        recording devices approved under subsection (c).
            ``(2) Authorized uses.--Notwithstanding any other provision 
        of law, each rail carrier operating freight rail service may 
        use recordings from an inward- or outward-facing image 
        recording device approved under subsection (c) only for the 
        purposes described in subsection (d) and in compliance with 
        subsections (f) through (j).''.
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