[Congressional Record (Bound Edition), Volume 154 (2008), Part 13]
[Senate]
[Pages 17851-17872]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5259. Ms. CANTWELL (for Mr. Lautenberg (for himself and Mr. 
Smith)) proposed an amendment to the bill H.R. 2095, to amend title 49, 
United States Code, to prevent railroad fatalities, injuries, and 
hazardous materials releases, to authorize the Federal Railroad Safety 
Administration, and for other purposes; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     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 2008''.
       (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 Safety 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.

[[Page 17852]]

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. Federal grants to States for highway-rail grade crossing 
              safety.
Sec. 208. Trespasser prevention and highway-rail crossing safety.
Sec. 209. 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.
Sec. 416. Railroad carrier employee exposure to radiation study.
Sec. 417. Alcohol and controlled substance testing for maintenance-of-
              way employees.

           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. Clarification of general jurisdiction over solid waste 
              transfer facilities.
Sec. 603. Regulation of solid waste rail transfer facilities.
Sec. 604. Solid waste rail transfer facility land-use exemption 
              authority.
Sec. 605. Effect on other statutes and authorities.

                    Title VII--Technical Corrections

Sec. 701. Technical corrections.
       (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 carrier 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) $186,000,000 for fiscal year 2008;
       ``(B) $221,000,000 for fiscal year 2009;
       ``(C) $231,000,000 for fiscal year 2010;
       ``(D) $237,000,000 for fiscal year 2011;
       ``(E) $244,000,000 for fiscal year 2012; and
       ``(F) $251,000,000 for fiscal year 2013.
       ``(2) With amounts appropriated pursuant to paragraph (1), 
     the Secretary may designate the following amounts for 
     research and development:
       ``(A) $36,000,000.
       ``(B) $34,000,000.
       ``(C) $36,000,000.
       ``(D) $37,000,000.
       ``(E) $38,000,000.
       ``(F) $39,000,000.
       ``(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 2008.
       ``(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, D.C., 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, 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.

[[Page 17853]]

       (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 2008, 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 2008, 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 2008, the Secretary 
     shall develop a voluntary application process to select 1 or 
     more railroad carriers 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 the 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 subsection (d).''.
       (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.--Under section 20103(d) of this chapter the 
     Secretary may grant a waiver 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

[[Page 17854]]

       ``(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;
       ``(B) waiting for transportation, or in deadhead 
     transportation, to a place of final release; or
       ``(C) in any other mandatory service for the carrier;
       ``(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; or
       ``(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, 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, if--
       ``(i) a collective bargaining agreement expressly provides 
     for such a schedule;
       ``(ii) such a schedule is provided for by a pilot program 
     authorized by a collective bargaining agreement; or
       ``(iii) such a schedule is provided for by a pilot program 
     under section 21108 of this chapter related to employees' 
     work and rest cycles.
     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

[[Page 17855]]

     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 carrier 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 subsection (c)(3), a 
     railroad carrier, and its 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 
     carrier and its officers and agents 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 or a 
     contractor or subcontractor to a railroad carrier, and its 
     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) Application of hours of service regime.--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 2008. 
     The Secretary may consider such a request anytime after the 
     date of enactment of the Railroad Safety Enhancement Act of 
     2008 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.
       ``(d) Application of Hours of Service Regime to Commuter 
     and Intercity Passenger Railroad Train Employees.--
       ``(1) When providing commuter rail passenger transportation 
     or intercity rail passenger transportation, the limitations 
     on duty hours for train employees of railroad carriers, 
     including public authorities operating passenger service, 
     shall be solely governed by old section 21103 until the 
     earlier of--
       ``(A) the effective date of regulations prescribed by the 
     Secretary under section 21109(b) of this chapter; or
       ``(B) the date that is 3 years following the date of 
     enactment of the Railroad Safety Enhancement Act of 2008.
       ``(2) After the date on which old section 21103 ceases to 
     apply, pursuant to paragraph (1), to the limitations on duty 
     hours for train employees of railroad carriers with respect 
     to the provision of commuter rail passenger transportation or 
     intercity rail passenger transportation, the limitations on 
     duty hours for train employees of such railroad carriers 
     shall be governed by new section 21103, except as provided in 
     paragraph (3).
       ``(3) After the effective date of the regulations 
     prescribed by the Secretary under section 21109(b) of this 
     title, such carriers shall--
       ``(A) comply with the limitations on duty hours for train 
     employees with respect to the provision of commuter rail 
     passenger transportation or intercity rail passenger 
     transportation as prescribed by such regulations; and
       ``(B) be exempt from complying with the provisions of old 
     section 21103 and new section 21103 for such employees.
       ``(4) In this subsection:
       ``(A) The terms `commuter rail passenger transportation' 
     and `intercity rail passenger transportation' have the 
     meaning given those terms in section 24102 of this title.
       ``(C) The term `new section 21103' means section 21103 of 
     this chapter as amended by the Railroad Safety Enhancement 
     Act of 2008.
       ``(D) The term `old section 21103' means section 21103 of 
     this chapter as it was in effect on the day before the 
     enactment of that Act.''.
       (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 prescribe 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

[[Page 17856]]

       ``(7) to require other changes to railroad operating and 
     scheduling practices, including unscheduled duty calls, that 
     could affect employee fatigue and railroad safety.
       ``(b) Regulations Governing the Hours of Service of Train 
     Employees of Commuter and Intercity Passenger Railroad 
     Carriers.--Within 3 years after the date of enactment of the 
     Railroad Safety Enhancement Act of 2008, the Secretary shall 
     prescribe regulations and issue orders to establish hours of 
     service requirements for train employees engaged in commuter 
     rail passenger transportation and intercity rail passenger 
     transportation (as defined in section 24102 of this title) 
     that may differ from the requirements of this chapter. Such 
     regulations and orders may address railroad operating and 
     scheduling practices, including unscheduled duty calls, 
     communications during time off duty, and time spent in or 
     waiting for deadhead transportation to the place of final 
     release, that could affect employee fatigue and railroad 
     safety.
       ``(c) 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.
       ``(d) Time Limits.--If the Secretary requests that the 
     Railroad Safety Advisory Committee accept the task of 
     developing regulations under subsection (a) or (b) 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) or (b), the Secretary shall prescribe 
     regulations within 3 years after the date of enactment of the 
     Railroad Safety Enhancement Act of 2008.
       ``(e) Pilot Projects.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Railroad Safety Enhancement Act of 2008, 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.
       ``(f) Duty Call Defined.--In this section the term `duty 
     call' means a telephone call that a railroad places to an 
     employee to notify the employee of his or her assigned shift 
     time.''.
       (2) Conforming amendments.--
       (A) The chapter analysis for chapter 211 is amended by 
     adding at the end thereof the following:

``21109. Regulatory authority''.
       (B) The first sentence of section 21303(a)(1) is amended by 
     inserting ``including section 21103 (as such section was in 
     effect on the day before the date of enactment of the 
     Railroad Safety Enhancement Act of 2008),'' after ``this 
     title,'' the second place it appears.
       (f) Record Keeping and Reporting.--
       (1) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall prescribe 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 railroad 
       safety analysis records

       ``(a) In General.--Except as necessary for the Secretary of 
     Transportation or another Federal agency to enforce or carry 
     out any provision of Federal law, 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 is exempt from 
     the requirements of section 552 of title 5 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 analysis 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 railroad safety analysis 
              records''.
``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 may require as a 
     condition of receiving such funds in the future (in addition 
     to any requirements imposed under any other provision of law) 
     that

[[Page 17857]]

     each of these States develop within a period of time 
     determined by the Secretary 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 and carrying out, as appropriate, 
     the plan. The plan may be coordinated with other State or 
     Federal planning requirements.
       (b) Review and Approval.--Not later than 90 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 60 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 2008, 
     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 2008, 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 2008 
     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 
     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.
       ``(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 2008 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 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.
       ``(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 2008 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 2008, 
     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 carrier 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 2008 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 
     2008 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 2008, 
     until such provision is superseded by a regulation issued 
     under this subsection.
       ``(4) Definitions.--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 explicitly authorized by a 
     public authority or a railroad carrier and 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

[[Page 17858]]

     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 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 2008, 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. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE 
                   CROSSING SAFETY.

       (a) In General.--Part B of subtitle V is amended by adding 
     at the end thereof the following:

``CHAPTER 225. FEDERAL GRANTS TO STATES FOR HIGHWAY-RAIL GRADE CROSSING 
                                 SAFETY

``Sec.
``22501. Financial assistance to States for certain projects
``22502. Distribution
``22503. Standards for awarding grants
``22504. Use of funds
``22505. Authorization of appropriations

     `` 22501. Financial assistance to States for certain 
       projects

       ``The Secretary of Transportation shall make grants to a 
     maximum of 3 States per year for development or continuance 
     of enhanced public education and awareness activities, in 
     combination with targeted law enforcement, to significantly 
     reduce violations of traffic laws at highway-rail grade 
     crossings and to help prevent and reduce injuries and 
     fatalities along railroad rights-of-way.

     `` 22502. Distribution

       ``The Secretary shall provide the grants to the State 
     agency or agencies responsible for highway-rail grade 
     crossing safety.

     `` 22503. Standards for awarding grants

       ``The Secretary shall provide grants based upon the merits 
     of the proposed program of activities provided by the State 
     and upon a determination of where the grants will provide the 
     greatest safety benefits.

     `` 22504. Use of funds

       ``Any State receiving a grant under this chapter shall use 
     the funds to develop, implement, and continue to measure the 
     effectiveness of a dedicated program of public education and 
     enforcement of highway-rail crossing safety laws and to 
     prevent casualties along railroad rights-of-way. The 
     Secretary may not make a grant under this chapter available 
     to assist a State or political subdivision thereof in 
     establishing or continuing a quiet zone pursuant to part 222 
     of title 49, Code of Federal Regulations.

     `` 22505. Authorization of appropriations

       ``There are authorized to be appropriated to the Secretary 
     $500,000 for each of fiscal years 2009 through 2013 to carry 
     out the provisions of this chapter. Amounts appropriated 
     pursuant to this section shall remain available until 
     expended.''.
       (b) Conforming Amendment.--The subtitle analysis for 
     subtitle V is amended by inserting after the item relating to 
     chapter 223 the following:

225. Federal grant to States for highway-rail crossing safety 
                                                               22501''.

     SEC. 208. 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 2008. 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 2008, 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

[[Page 17859]]

       (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. 209. 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 25 employees in 
     each of fiscal years 2008 through 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;
       (7) to prevent or respond to natural or manmade emergency 
     situations or events involving rail infrastructure or 
     employees; and
       (8) 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.--

[[Page 17860]]

       ``(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, with or without making their presence 
     known, 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

[[Page 17861]]

     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 officers' access to information''.

     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 2008, the 
     Secretary of Transportation shall prescribe 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 
     2008.''.
       (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 prescribe 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 prescribe 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 prescribe 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;

[[Page 17862]]

       ``(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).
       ``(4) Matching requirements.--Federal funds for any 
     eligible project under this section shall not exceed 50 
     percent of the total cost of such project.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation $10,000,000 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) Matching Requirements.--Federal funds for any 
     eligible project under this section shall not exceed 50 
     percent of the total cost of such project.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation $7,500,000 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 2008, the Secretary of 
     Transportation shall prescribe 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 2008, the 
     Secretary, in consultation with the Secretary of Labor, shall 
     prescribe 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, except 
     that a railroad carrier's refusal to permit an employee to 
     return to work upon that employee's release by his or her 
     physician or licensed health care professional shall not be 
     considered discrimination if the refusal is in compliance 
     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:

[[Page 17863]]



     ``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.

       (a) In General.--The Secretary of Transportation, in 
     consultation with the Secretary of Labor and the Secretary of 
     Health and Human Services, as appropriate, shall require each 
     Class I railroad carrier, each intercity passenger railroad 
     carrier, and each commuter railroad carrier 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.
       (b) Plan Requirements.--Each such plan shall include 
     provisions for--
       (1) relieving an employee who was involved in a critical 
     incident of his or her duties for the balance of the duty 
     tour, following any actions necessary for the safety of 
     persons and contemporaneous documentation of the incident;
       (2) upon the employee's request, relieving an employee who 
     witnessed a critical incident of his or her duties following 
     any actions necessary for the safety of persons and 
     contemporaneous documentation of the incident; and
       (3) providing such leave from normal duties as may be 
     necessary and reasonable to receive preventive services, 
     treatment, or both, related to the incident.
       (c) Secretary To Define What Constitutes A Critical 
     Incident.--Within 30 days after the date of enactment of this 
     Act, the Secretary shall initiate a rulemaking proceeding to 
     define the term ``critical incident'' for the purposes of 
     this section.

     SEC. 416. RAILROAD CARRIER EMPLOYEE EXPOSURE TO RADIATION 
                   STUDY.

       (a) Study.--The Secretary of Transportation shall, in 
     consultation with the Secretary of Energy, the Secretary of 
     Labor, the Administrator of the Environmental Protection 
     Agency, and the Chairman of the Nuclear Regulatory 
     Commission, as appropriate, conduct a study of the potential 
     hazards to which employees of railroad carriers and railroad 
     contractors or subcontractors are exposed during the 
     transportation of high-level radioactive waste and spent 
     nuclear fuel (as defined in section 5101(a) of title 49, 
     United States Code), supplementing the report submitted under 
     section 5101(b) of that title, which may include--
       (1) an analysis of the potential application of ``as low as 
     reasonably achievable'' principles for exposure to radiation 
     to such employees with an emphasis on the need for special 
     protection from radiation exposure for such employees during 
     the first trimester of pregnancy or who are undergoing or 
     have recently undergone radiation therapy;
       (2) the feasibility of requiring real-time dosimetry 
     monitoring for such employees;
       (3) the feasibility of requiring routine radiation exposure 
     monitoring in fixed railroad locations, such as yards and 
     repair facilities; and
       (4) a review of the effectiveness of the Department of 
     Transportation packaging requirements for radioactive 
     materials.
       (b) Report.--No later than 18 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     transmit a report on the results of the study required by 
     subsection (a) and any recommendations to further protect 
     employees of a railroad carrier or of a contractor or 
     subcontractor to a railroad carrier from unsafe exposure to 
     radiation during the transportation of high-level radioactive 
     waste and spent nuclear fuel to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure.
       (c) Regulatory Authority.--The Secretary of Transportation 
     may issue regulations that the Secretary determines 
     appropriate, pursuant to the report required by subsection 
     (b), to protect railroad employees from unsafe exposure to 
     radiation during the transportation of radioactive materials.

     SEC. 417. ALCOHOL AND CONTROLLED SUBSTANCE TESTING FOR 
                   MAINTENANCE-OF-WAY EMPLOYEES.

       Not later than 2 years following the date of enactment of 
     this Act, the Secretary of Transportation shall complete a 
     rulemaking proceeding to revise the regulations prescribed 
     under section 20140 of title 49, United States Code, to cover 
     all employees of railroad carriers and contractors or 
     subcontractors to railroad carriers who perform maintenance-
     of-way activities.

           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

[[Page 17864]]

     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 a rail 
     passenger accident, as determined appropriate by the Board.
       ``(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 2008, 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) Limitations on Statutory Construction.--
       ``(1) Rail passenger carriers.--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.
       ``(2) Investigational Authority of Board and Secretary.--
     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

[[Page 17865]]

     the development of information regarding the nature of 
     injuries sustained and the manner in which they were 
     sustained, for the purpose of determining compliance with 
     existing laws and regulations or identifying means of 
     preventing similar injuries in the future.
       ``(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 (as defined in 
     section 1139(h)(2) of title 49, United States Code), and 
     families which have been involved in rail accidents, shall 
     establish a task force consisting of representatives of such 
     entities and families, representatives of rail passenger 
     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 rail passenger 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. CLARIFICATION OF GENERAL JURISDICTION OVER SOLID 
                   WASTE TRANSFER FACILITIES.

       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 10908 of this title, except as provided under 
     sections 10908 and 10909 of this title.

     SEC. 603. REGULATION OF SOLID WASTE RAIL TRANSFER FACILITIES.

       (a) In General.--Chapter 109 is amended by adding at the 
     end thereof the following:

     `` 10908. Regulation of solid waste rail transfer facilities

       ``(a) In General.--Each solid waste rail transfer facility 
     shall be subject to and shall comply with all applicable 
     Federal and State requirements, both substantive and 
     procedural, including judicial and administrative orders and 
     fines, respecting the prevention and abatement of pollution, 
     the protection and restoration of the environment, and the 
     protection of public health and safety, including laws 
     governing solid waste, to the same extent as required for any 
     similar solid waste management facility, as defined in 
     section 1004(29) of the Solid Waste Disposal Act (42 U.S.C. 
     6903(29)) that is not owned or operated by or on behalf of a 
     rail carrier, except as provided for in section 10909 of this 
     chapter.
       ``(b) Existing Facilities.--
       ``(1) State laws and standards.--Within 90 days after the 
     date of enactment of the Clean Railroads Act of 2008, a solid 
     waste rail transfer facility operating as of such date of 
     enactment shall comply with all Federal and State 
     requirements pursuant to subsection (a) other than those 
     provisions requiring permits.
       ``(2) Permit requirements.--
       ``(A) State non-siting permits.--Any solid waste rail 
     transfer facility operating as of the date of enactment of 
     the Clean Railroads Act of 2008 that does not possess a 
     permit required pursuant to subsection (a), other than a 
     siting permit for the facility, as of the date of enactment 
     of the Clean Railroads Act of 2008 shall not be required to 
     possess any such permits in order to operate the facility--
       ``(i) if, within 180 days after such date of enactment, the 
     solid waste rail transfer facility has submitted, in good 
     faith, a complete application for all permits, except siting 
     permits, required pursuant to subsection (a) to the 
     appropriate permitting agency authorized to grant such 
     permits; and
       ``(ii) until the permitting agency has either approved or 
     denied the solid waste rail transfer facility's application 
     for each permit.
       ``(B) Siting permits and requirements.--A solid waste rail 
     transfer facility operating as of the date of enactment of 
     the Clean Railroads Act of 2008 that does not possess a State 
     siting permit required pursuant to subsection (a) as of such 
     date of enactment shall not be required to possess any siting 
     permit to continue to operate or comply with any State land 
     use requirements. The Governor of a State in which the 
     facility is located or his or her designee may petition the 
     Board to require the facility to apply for a land-use 
     exemption pursuant to section 10909 of this chapter. The 
     Board shall accept the petition, and the facility shall be 
     required to have a Board-issued land-use exemption in order 
     to continue to operate, pursuant to section 10909 of this 
     chapter.
       ``(c) Common Carrier Obligation.--No prospective or current 
     rail carrier customer may demand solid waste rail transfer 
     service from a rail carrier at a solid waste rail transfer 
     facility that does not already possess the necessary Federal 
     land use exemption and State permits at the location where 
     service is requested.
       ``(d) Non-Waste Commodities.--Nothing in this section or 
     section 10909 of this chapter shall affect a rail carrier's 
     ability to conduct transportation-related activities with 
     respect to commodities other than solid waste.
       ``(e) Definitions.--
       ``(1) In general.--In this section:
       ``(A) Commercial and retail waste.--The term `commercial 
     and retail waste' means material discarded by stores, 
     offices, restaurants, warehouses, nonmanufacturing activities 
     at industrial facilities, and other similar establishments or 
     facilities.
       ``(B) Construction and demolition debris.--The term 
     `construction and demolition debris' means waste building 
     materials, packaging, and rubble resulting from construction, 
     remodeling, repair, and demolition operations on pavements, 
     houses, commercial buildings, and other structures.
       ``(C) Household waste.--The term `household waste' means 
     material discarded by residential dwellings, hotels, motels, 
     and other similar permanent or temporary housing 
     establishments or facilities.
       ``(D) Industrial waste.--The term `industrial waste' means 
     the solid waste generated by manufacturing and industrial and 
     research and development processes and operations, including 
     contaminated soil, nonhazardous oil spill cleanup waste and 
     dry nonhazardous pesticides and chemical waste, but does not 
     include hazardous waste regulated under subtitle C of the 
     Solid Waste Disposal Act (42 U.S.C. 6921 et seq.), mining or 
     oil and gas waste.
       ``(E) Institutional waste.--The term `institutional waste' 
     means material discarded by schools, nonmedical waste 
     discarded by hospitals, material discarded by 
     nonmanufacturing activities at prisons and government 
     facilities, and material discarded by other similar 
     establishments or facilities.
       ``(F) Municipal solid waste.--The term `municipal solid 
     waste' means--
       ``(i) household waste;
       ``(ii) commercial and retail waste; and
       ``(iii) institutional waste.
       ``(G) Solid waste.--With the exception of waste generated 
     by a rail carrier during track, track structure, or right-of-
     way construction, maintenance, or repair (including railroad 
     ties and line-side poles) or waste generated as a result of a 
     railroad accident, incident, or derailment, the term `solid 
     waste' means--
       ``(i) construction and demolition debris;
       ``(ii) municipal solid waste;
       ``(iii) household waste;
       ``(iv) commercial and retail waste;
       ``(v) institutional waste;
       ``(vi) sludge;
       ``(vii) industrial waste; and
       ``(viii) other solid waste, as determined appropriate by 
     the Board.
       ``(H) Solid waste rail transfer facility.--The term `solid 
     waste rail transfer facility'--
       ``(i) means the portion of a facility owned or operated by 
     or on behalf of a rail carrier (as defined in section 10102 
     of this title) where solid waste, as a commodity to be 
     transported for a charge, is collected, stored, separated, 
     processed, treated, managed, disposed of, or transferred, 
     when the activity takes place outside of original shipping 
     containers; but
       ``(ii) does not include--

       ``(I) the portion of a facility to the extent that 
     activities taking place at such portion are comprised solely 
     of the railroad transportation of solid waste after the solid 
     waste is loaded for shipment on or in a rail car, including 
     railroad transportation for the purpose of interchanging 
     railroad cars containing solid waste shipments; or
       ``(II) a facility where solid waste is solely transferred 
     or transloaded from a tank truck directly to a rail tank car.

       ``(I) Sludge.--The term `sludge' means any solid, semi-
     solid or liquid waste generated from a municipal, commercial, 
     or industrial wastewater treatment plant, water supply

[[Page 17866]]

     treatment plant, or air pollution control facility exclusive 
     of the treated effluent from a wastewater treatment plant.
       ``(2) Exceptions.--Notwithstanding paragraph (1), the terms 
     `household waste', `commercial and retail waste', and 
     `institutional waste' do not include--
       ``(A) yard waste and refuse-derived fuel;
       ``(B) used oil;
       ``(C) wood pallets;
       ``(D) clean wood;
       ``(E) medical or infectious waste; or
       ``(F) motor vehicles (including motor vehicle parts or 
     vehicle fluff).
       ``(3) State requirements.--In this section the term `State 
     requirements' does not include the laws, regulations, 
     ordinances, orders, or other requirements of a political 
     subdivision of a State, including a locality or municipality, 
     unless a State expressly delegates such authority to such 
     political subdivision.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     109 is amended by inserting after the item relating to 
     section 10907 the following:

``10908. Regulation of solid waste rail transfer facilities''.

     SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY LAND-USE 
                   EXEMPTION AUTHORITY.

       (a) In General.--Chapter 109 is further amended by adding 
     at the end thereof the following:

     `` 10909. Solid waste rail transfer facility land-use 
       exemption

       ``(a) Authority.--The Board may issue a land-use exemption 
     for a solid waste rail transfer facility that is or is 
     proposed to be operated by or on behalf of a rail carrier 
     if--
       ``(1) the Board finds that a State, local, or municipal 
     law, regulation, order, or other requirement affecting the 
     siting of such facility unreasonably burdens the interstate 
     transportation of solid waste by railroad, discriminates 
     against the railroad transportation of solid waste and a 
     solid waste rail transfer facility, or a rail carrier that 
     owns or operates such a facility petitions the Board for such 
     an exemption; or
       ``(2) the Governor of a State in which a facility that is 
     operating as of the date of enactment of the Clean Railroads 
     Act of 2008 is located, or his or her designee, petitions the 
     Board to initiate a permit proceeding for that particular 
     facility.
       ``(b) Land-use Exemption Procedures.--No later than 90 days 
     after the date of enactment of the Clean Railroad Act of 
     2008, the Board shall publish procedures governing the 
     submission and review of applications for solid waste rail 
     transfer facility land-use exemptions. At a minimum, the 
     procedures shall address--
       ``(1) the information that each application should contain 
     to explain how the solid waste rail transfer facility will 
     not pose an unreasonable risk to public health, safety or the 
     environment;
       ``(2) the opportunity for public notice and comment 
     including notification of the municipality, the State, and 
     any relevant Federal or State regional planning entity in the 
     jurisdiction of which the solid waste rail transfer facility 
     is proposed to be located;
       ``(3) the timeline for Board review, including a 
     requirement that the Board approve or deny an exemption 
     within 90 days after the full record for the application is 
     developed;
       ``(4) the expedited review timelines for petitions for 
     modifications, amendments, or revocations of granted 
     exemptions;
       ``(5) the process for a State to petition the Board to 
     require a solid waste transfer facility or a rail carrier 
     that owns or operates such a facility to apply for a siting 
     permit; and
       ``(6) the process for a solid waste transfer facility or a 
     rail carrier that owns or operates such a facility to 
     petition the Board for a land-use exemption.
       ``(c) Standard for Review.--
       ``(1) The Board may only issue a land use exemption if it 
     determines that the facility at the existing or proposed 
     location does not pose an unreasonable risk to public health, 
     safety, or the environment. In deciding whether a solid waste 
     rail transfer facility that is or proposed to be constructed 
     or operated by or on behalf of a rail carrier poses an 
     unreasonable risk to public health, safety, or the 
     environment, the Board shall weigh the particular facility's 
     potential benefits to and the adverse impacts on public 
     health, public safety, the environment, interstate commerce, 
     and transportation of solid waste by rail.
       ``(2) The Board may not grant a land-use exemption for a 
     solid waste rail transfer facility proposed to be located on 
     land within any unit of or land affiliated with the National 
     Park System, the National Wildlife Refuge System, the 
     National Wilderness Preservation System, the National Trails 
     System, the National Wild and Scenic Rivers System, a 
     National Reserve, a National Monument, or lands referenced in 
     Public Law 108-421 for which a State has implemented a 
     conservation management plan, if operation of the facility 
     would be inconsistent with restrictions placed on such land.
       ``(d) Considerations.--When evaluating an application under 
     this section, the Board shall consider and give due weight to 
     the following, as applicable:
       ``(1) the land use, zoning, and siting regulations or solid 
     waste planning requirements of the State or State subdivision 
     in which the facility is or will be located that are 
     applicable to solid waste transfer facilities, including 
     those that are not owned or operated by or on behalf of a 
     rail carrier;
       ``(2) the land use, zoning, and siting regulations or solid 
     waste planning requirements applicable to the property where 
     the solid waste rail transfer facility is proposed to be 
     located;
       ``(3) regional transportation planning requirements 
     developed pursuant to Federal and State law;
       ``(4) regional solid waste disposal plans developed 
     pursuant to State or Federal law;
       ``(5) any Federal and State environmental protection laws 
     or regulations applicable to the site;
       ``(6) any unreasonable burdens imposed on the interstate 
     transportation of solid waste by railroad, or the potential 
     for discrimination against the railroad transportation of 
     solid waste, a solid waste rail transfer facility, or a rail 
     carrier that owns or operates such a facility; and
       ``(7) any other relevant factors, as determined by the 
     Board.
       (e) Existing Facilities.--Upon the granting of petition 
     from the State in which a solid waste rail transfer facility 
     is operating as of the date of enactment of the Clean 
     Railroads Act of 2008 by the Board, the facility shall submit 
     a complete application for a siting permit to the Board 
     pursuant to the procedures issued pursuant to subsection (b). 
     No State may enforce a law, regulation, order, or other 
     requirement affecting the siting of a facility that is 
     operating as of the date of enactment of the Clean Railroads 
     Act of 2008 until the Board has approved or denied a permit 
     pursuant to subsection (c).
       ``(f) Effect of Land-Use Exemption.--If the Board grants a 
     land-use exemption to a solid waste rail transfer facility, 
     all State laws, regulations, orders, or other requirements 
     affecting the siting of a facility are preempted with regard 
     to that facility. An exemption may require compliance with 
     such State laws, regulations, orders, or other requirements.
       ``(g) Injunctive Relief.--Nothing in this section precludes 
     a person from seeking an injunction to enjoin a solid waste 
     rail transfer facility from being constructed or operated by 
     or on behalf of a rail carrier if that facility has 
     materially violated, or will materially violate, its land use 
     exemption or if it failed to receive a valid land-use 
     exemption under this section.
       ``(h) Fees.--The Board may charge permit applicants 
     reasonable fees to implement this section, including the 
     costs of third-party consultants.
       ``(i) Definitions.--In this section the terms `solid 
     waste', `solid waste rail transfer facility', and `State 
     requirements' have the meaning given such terms in section 
     10908(e).''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     109, as amended by section 603 of this Act, is amended by 
     inserting after the item relating to section 10908 the 
     following:

``10909. Solid waste rail transfer facility land-use exemption''.

     SEC. 605. EFFECT ON OTHER STATUTES AND AUTHORITIES.

       (a) In General.--Chapter 109 is further amended by adding 
     at the end thereof the following:

     `` 10910. Effect on other statutes and authorities

       ``Nothing in section 10908 or 10909 is intended to affect 
     the traditional police powers of the State to require a rail 
     carrier to comply with State and local environmental, public 
     health, and public safety standards that are not unreasonably 
     burdensome to interstate commerce and do not discriminate 
     against rail carriers.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     109, as amended by section 604 of this Act, is amended by 
     inserting after the item relating to section 10909 the 
     following:

``10910. Effect on other statutes and authorities''.

                    TITLE VII--TECHNICAL CORRECTIONS

     SEC. 701. TECHNICAL CORRECTIONS.

       (a) Limitations on Financial Assistance.--Section 22106 is 
     amended--
       (1) by striking the second sentence of subsection (a);
       (2) by striking subsection (b) and inserting the following:
       ``(b) State Use of Repaid Funds and Contingent Interest 
     Recoveries.--The State shall place the United States 
     Government's share of money that is repaid and any contingent 
     interest that is recovered in an interest-bearing account. 
     The repaid money, contingent interest, and any interest 
     thereof shall be considered to be State funds. The State 
     shall use such funds to make other grants and loans, 
     consistent with the purposes for which financial assistance 
     may be used under subsection (a), as the State considers to 
     be appropriate.''; and
       (3) by striking subsections (c) and (e) and redesignating 
     subsection (d) as subsection (c).
       (b) Grants for Class II and III Railroads.--Section 
     22301(a)(1)(A)(iii) is amended by striking ``and'' and 
     inserting ``or''.
       (c) Rail Transportation of Renewable Fuel Study.--Section 
     245(a)(1) of the Energy

[[Page 17867]]

     Independence and Security Act of 2007 is amended by striking 
     ``Secretary, in coordination with the Secretary of 
     Transportation,'' and inserting ``Secretary and the Secretary 
     of Transportation''.
       (d) Motor carrier definition.--
       Section 14504a of title 49, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``(except as provided in paragraph (5))'' after ``14506'';
       (B) in paragraph (1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `commercial motor vehicle'--
       ``(i) for calendar years 2008 and 2009, has the meaning 
     given the term in section 31101; and
       ``(ii) for years beginning after December 31, 2009, means a 
     self-propelled vehicle described in section 31101.''; and
       (C) by striking paragraph (5) and inserting the following:
       ``(5) Motor carrier.--
       ``(A) This section.--In this section:
       ``(i) In general.--The term `motor carrier' includes all 
     carriers that are otherwise exempt from this part--

       ``(I) under subchapter I of chapter 135; or
       ``(II) through exemption actions by the former Interstate 
     Commerce Commission under this title.

       ``(ii) Exclusions.--In this section, the term `motor 
     carrier' does not include--

       ``(I) any carrier subject to section 13504; or
       ``(II) any other carrier that the board of directors of the 
     unified carrier registration plan determines to be 
     appropriate pursuant to subsection (d)(4)(C).

       ``(B) Section 14506.--In section 14506, the term `motor 
     carrier' includes all carriers that are otherwise exempt from 
     this part--
       ``(i) under subchapter I of chapter 135; or
       ``(ii) through exemption actions by the former Interstate 
     Commerce Commission under this title.''; and
       (2) in subsection (d)(4)(C), by inserting before the period 
     at the end the following: ``, except that a decision to 
     approve the exclusion of carriers from the definition of the 
     term `motor carrier' under subsection (a)(5) shall require an 
     affirmative vote of \3/4\ of all such directors.''.
                                 ______
                                 
  SA 5260. Ms. CANTWELL (for Mr. Smith (for himself, Mr. Kohl, Mr. 
Specter, and Mr. Cardin)) proposed an amendment to the bill H.R. 2608, 
to amend section 402 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 to provide, in fiscal years 2009 
through 2011, extensions of supplemental security income for refugees, 
asylees, and certain other humanitarian immigrants, and to amend the 
Internal Revenue Code of 1986 to collect unemployment compensation 
debts resulting from fraud; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``SSI Extension for Elderly 
     and Disabled Refugees Act''.

     SEC. 2. SSI EXTENSIONS FOR HUMANITARIAN IMMIGRANTS.

       Section 402(a)(2) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) 
     is amended by adding at the end the following:
       ``(M) SSI extensions through fiscal year 2011.--
       ``(i) Two-year extension for certain aliens and victims of 
     trafficking.--

       ``(I) In general.--Subject to clause (ii), with respect to 
     eligibility for benefits under subparagraph (A) for the 
     specified Federal program described in paragraph (3)(A) of 
     qualified aliens (as defined in section 431(b)) and victims 
     of trafficking in persons (as defined in section 107(b)(1)(C) 
     of division A of the Victims of Trafficking and Violence 
     Protection Act of 2000 (Public Law 106-386) or as granted 
     status under section 101(a)(15)(T)(ii) of the Immigration and 
     Nationality Act), the 7-year period described in subparagraph 
     (A) shall be deemed to be a 9-year period during fiscal years 
     2009 through 2011 in the case of such a qualified alien or 
     victim of trafficking who furnishes to the Commissioner of 
     Social Security the declaration required under subclause (IV) 
     (if applicable) and is described in subclause (III).
       ``(II) Aliens and victims whose benefits ceased in prior 
     fiscal years.--Subject to clause (ii), beginning on the date 
     of the enactment of the SSI Extension for Elderly and 
     Disabled Refugees Act, any qualified alien (as defined in 
     section 431(b)) or victim of trafficking in persons (as 
     defined in section 107(b)(1)(C) of division A of the Victims 
     of Trafficking and Violence Protection Act of 2000 (Public 
     Law 106-386) or as granted status under section 
     101(a)(15)(T)(ii) of the Immigration and Nationality Act) 
     rendered ineligible for the specified Federal program 
     described in paragraph (3)(A) during the period beginning on 
     August 22, 1996, and ending on September 30, 2008, solely by 
     reason of the termination of the 7-year period described in 
     subparagraph (A) shall be eligible for such program for an 
     additional 2-year period in accordance with this clause, if 
     such qualified alien or victim of trafficking meets all other 
     eligibility factors under title XVI of the Social Security 
     Act, furnishes to the Commissioner of Social Security the 
     declaration required under subclause (IV) (if applicable), 
     and is described in subclause (III).
       ``(III) Aliens and victims described.--For purposes of 
     subclauses (I) and (II), a qualified alien or victim of 
     trafficking described in this subclause is an alien or victim 
     who--

       ``(aa) has been a lawful permanent resident for less than 6 
     years and such status has not been abandoned, rescinded under 
     section 246 of the Immigration and Nationality Act, or 
     terminated through removal proceedings under section 240 of 
     the Immigration and Nationality Act, and the Commissioner of 
     Social Security has verified such status, through procedures 
     established in consultation with the Secretary of Homeland 
     Security;
       ``(bb) has filed an application, within 4 years from the 
     date the alien or victim began receiving supplemental 
     security income benefits, to become a lawful permanent 
     resident with the Secretary of Homeland Security, and the 
     Commissioner of Social Security has verified, through 
     procedures established in consultation with such Secretary, 
     that such application is pending;
       ``(cc) has been granted the status of Cuban and Haitian 
     entrant, as defined in section 501(e) of the Refugee 
     Education Assistance Act of 1980 (Public Law 96-422), for 
     purposes of the specified Federal program described in 
     paragraph (3)(A);
       ``(dd) has had his or her deportation withheld by the 
     Secretary of Homeland Security under section 243(h) of the 
     Immigration and Nationality Act (as in effect immediately 
     before the effective date of section 307 of division C of 
     Public Law 104-208), or whose removal is withheld under 
     section 241(b)(3) of such Act;
       ``(ee) has not attained age 18; or
       ``(ff) has attained age 70.

       ``(IV) Declaration required.--

       ``(aa) In general.--For purposes of subclauses (I) and 
     (II), the declaration required under this subclause of a 
     qualified alien or victim of trafficking described in either 
     such subclause is a declaration under penalty of perjury 
     stating that the alien or victim has made a good faith effort 
     to pursue United States citizenship, as determined by the 
     Secretary of Homeland Security. The Commissioner of Social 
     Security shall develop criteria as needed, in consultation 
     with the Secretary of Homeland Security, for consideration of 
     such declarations.
       ``(bb) Exception for children.--A qualified alien or victim 
     of trafficking described in subclause (I) or (II) who has not 
     attained age 18 shall not be required to furnish to the 
     Commissioner of Social Security a declaration described in 
     item (aa) as a condition of being eligible for the specified 
     Federal program described in paragraph (3)(A) for an 
     additional 2-year period in accordance with this clause.

       ``(V) Payment of benefits to aliens whose benefits ceased 
     in prior fiscal years.--Benefits paid to a qualified alien or 
     victim described in subclause (II) shall be paid 
     prospectively over the duration of the qualified alien's or 
     victim's renewed eligibility.

       ``(ii) Special rule in case of pending or approved 
     naturalization application.--With respect to eligibility for 
     benefits for the specified program described in paragraph 
     (3)(A), paragraph (1) shall not apply during fiscal years 
     2009 through 2011 to an alien described in one of clauses (i) 
     through (v) of subparagraph (A) or a victim of trafficking in 
     persons (as defined in section 107(b)(1)(C) of division A of 
     the Victims of Trafficking and Violence Protection Act of 
     2000 (Public Law 106-386) or as granted status under section 
     101(a)(15)(T)(ii) of the Immigration and Nationality Act), if 
     such alien or victim (including any such alien or victim 
     rendered ineligible for the specified Federal program 
     described in paragraph (3)(A) during the period beginning on 
     August 22, 1996, and ending on September 30, 2008, solely by 
     reason of the termination of the 7-year period described in 
     subparagraph (A)) has filed an application for naturalization 
     that is pending before the Secretary of Homeland Security or 
     a United States district court based on section 336(b) of the 
     Immigration and Nationality Act, or has been approved for 
     naturalization but not yet sworn in as a United States 
     citizen, and the Commissioner of Social Security has 
     verified, through procedures established in consultation with 
     the Secretary of Homeland Security, that such application is 
     pending or has been approved.''.

     SEC. 3. COLLECTION OF UNEMPLOYMENT COMPENSATION DEBTS 
                   RESULTING FROM FRAUD.

       (a) In General.--Section 6402 of the Internal Revenue Code 
     (relating to authority to make credits or refunds) is amended 
     by redesignating subsections (f) through (k) as subsections 
     (g) through (l), respectively, and by inserting after 
     subsection (e) the following new subsection:
       ``(f) Collection of Unemployment Compensation Debts 
     Resulting From Fraud.--
       ``(1) In general.--Upon receiving notice from any State 
     that a named person owes a covered unemployment compensation 
     debt to such State, the Secretary shall, under

[[Page 17868]]

     such conditions as may be prescribed by the Secretary--
       ``(A) reduce the amount of any overpayment payable to such 
     person by the amount of such covered unemployment 
     compensation debt;
       ``(B) pay the amount by which such overpayment is reduced 
     under subparagraph (A) to such State and notify such State of 
     such person's name, taxpayer identification number, address, 
     and the amount collected; and
       ``(C) notify the person making such overpayment that the 
     overpayment has been reduced by an amount necessary to 
     satisfy a covered unemployment compensation debt.
     If an offset is made pursuant to a joint return, the notice 
     under subparagraph (C) shall include information related to 
     the rights of a spouse of a person subject to such an offset.
       ``(2) Priorities for offset.--Any overpayment by a person 
     shall be reduced pursuant to this subsection--
       ``(A) after such overpayment is reduced pursuant to--
       ``(i) subsection (a) with respect to any liability for any 
     internal revenue tax on the part of the person who made the 
     overpayment;
       ``(ii) subsection (c) with respect to past-due support; and
       ``(iii) subsection (d) with respect to any past-due, 
     legally enforceable debt owed to a Federal agency; and
       ``(B) before such overpayment is credited to the future 
     liability for any Federal internal revenue tax of such person 
     pursuant to subsection (b).
     If the Secretary receives notice from a State or States of 
     more than one debt subject to paragraph (1) or subsection (e) 
     that is owed by a person to such State or States, any 
     overpayment by such person shall be applied against such 
     debts in the order in which such debts accrued.
       ``(3) Offset permitted only against residents of state 
     seeking offset.--Paragraph (1) shall apply to an overpayment 
     by any person for a taxable year only if the address shown on 
     the Federal return for such taxable year of the overpayment 
     is an address within the State seeking the offset.
       ``(4) Notice; consideration of evidence.--No State may take 
     action under this subsection until such State--
       ``(A) notifies by certified mail with return receipt the 
     person owing the covered unemployment compensation debt that 
     the State proposes to take action pursuant to this section;
       ``(B) provides such person at least 60 days to present 
     evidence that all or part of such liability is not legally 
     enforceable or due to fraud;
       ``(C) considers any evidence presented by such person and 
     determines that an amount of such debt is legally enforceable 
     and due to fraud; and
       ``(D) satisfies such other conditions as the Secretary may 
     prescribe to ensure that the determination made under 
     subparagraph (C) is valid and that the State has made 
     reasonable efforts to obtain payment of such covered 
     unemployment compensation debt.
       ``(5) Covered unemployment compensation debt.--For purposes 
     of this subsection, the term `covered unemployment 
     compensation debt' means--
       ``(A) a past-due debt for erroneous payment of unemployment 
     compensation due to fraud which has become final under the 
     law of a State certified by the Secretary of Labor pursuant 
     to section 3304 and which remains uncollected for not more 
     than 10 years;
       ``(B) contributions due to the unemployment fund of a State 
     for which the State has determined the person to be liable 
     due to fraud and which remain uncollected for not more than 
     10 years; and
       ``(C) any penalties and interest assessed on such debt.
       ``(6) Regulations.--
       ``(A) In general.--The Secretary may issue regulations 
     prescribing the time and manner in which States must submit 
     notices of covered unemployment compensation debt and the 
     necessary information that must be contained in or accompany 
     such notices. The regulations may specify the minimum amount 
     of debt to which the reduction procedure established by 
     paragraph (1) may be applied.
       ``(B) Fee payable to secretary.--The regulations may 
     require States to pay a fee to the Secretary, which may be 
     deducted from amounts collected, to reimburse the Secretary 
     for the cost of applying such procedure. Any fee paid to the 
     Secretary pursuant to the preceding sentence shall be used to 
     reimburse appropriations which bore all or part of the cost 
     of applying such procedure.
       ``(C) Submission of notices through secretary of labor.--
     The regulations may include a requirement that States submit 
     notices of covered unemployment compensation debt to the 
     Secretary via the Secretary of Labor in accordance with 
     procedures established by the Secretary of Labor. Such 
     procedures may require States to pay a fee to the Secretary 
     of Labor to reimburse the Secretary of Labor for the costs of 
     applying this subsection. Any such fee shall be established 
     in consultation with the Secretary of the Treasury. Any fee 
     paid to the Secretary of Labor may be deducted from amounts 
     collected and shall be used to reimburse the appropriation 
     account which bore all or part of the cost of applying this 
     subsection.
       ``(7) Erroneous payment to state.--Any State receiving 
     notice from the Secretary that an erroneous payment has been 
     made to such State under paragraph (1) shall pay promptly to 
     the Secretary, in accordance with such regulations as the 
     Secretary may prescribe, an amount equal to the amount of 
     such erroneous payment (without regard to whether any other 
     amounts payable to such State under such paragraph have been 
     paid to such State).
       ``(8) Termination.--This section shall not apply to refunds 
     payable after the date which is 10 years after the date of 
     the enactment of this subsection.''.
       (b) Disclosure of Certain Information to States Requesting 
     Refund Offsets for Legally Enforceable State Unemployment 
     Compensation Debt Resulting From Fraud.--
       (1) General rule.--Paragraph (3) of section 6103(a) of such 
     Code is amended by inserting ``(10),'' after ``(6),''.
       (2) Disclosure to department of labor and its agent.--
     Paragraph (10) of section 6103(l) of such Code is amended--
       (A) by striking ``(c), (d), or (e)'' each place it appears 
     in the heading and text and inserting ``(c), (d), (e), or 
     (f)'',
       (B) in subparagraph (A) by inserting ``, to officers and 
     employees of the Department of Labor for purposes of 
     facilitating the exchange of data in connection with a 
     request made under subsection (f)(5) of section 6402,'' after 
     ``section 6402'', and
       (C) in subparagraph (B)--
       (i) by inserting ``(i)'' after ``(B)''; and
       (ii) by adding at the end the following:
       ``(ii) Notwithstanding clause (i), return information 
     disclosed to officers and employees of the Department of 
     Labor may be accessed by agents who maintain and provide 
     technological support to the Department of Labor's Interstate 
     Connection Network (ICON) solely for the purpose of providing 
     such maintenance and support.''.
       (3) Safeguards.--Paragraph (4) of section 6103(p) of such 
     Code is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``(l)(16),'' and inserting ``(l)(10), (16),'';
       (B) in subparagraph (F)(i), by striking ``(l)(16),'' and 
     inserting ``(l)(10), (16),''; and
       (C) in the matter following subparagraph (F)(iii)--
       (i) in each of the first two places it appears, by striking 
     ``(l)(16),'' and inserting ``(l)(10), (16),'';
       (ii) by inserting ``(10),'' after ``paragraph (6)(A),''; 
     and
       (iii) in each of the last two places it appears, by 
     striking ``(l)(16)'' and inserting ``(l)(10) or (16)''.
       (c) Expenditures From State Fund.--Section 3304(a)(4) of 
     such Code is amended--
       (1) in subparagraph (E), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (F), by inserting ``and'' after the 
     semicolon; and
       (3) by adding at the end the following new subparagraph:
       ``(G) with respect to amounts of covered unemployment 
     compensation debt (as defined in section 6402(f)(4)) 
     collected under section 6402(f)--
       ``(i) amounts may be deducted to pay any fees authorized 
     under such section; and
       ``(ii) the penalties and interest described in section 
     6402(f)(4)(B) may be transferred to the appropriate State 
     fund into which the State would have deposited such amounts 
     had the person owing the debt paid such amounts directly to 
     the State;''.
       (d) Conforming Amendments.--
       (1) Subsection (a) of section 6402 of such Code is amended 
     by striking ``(c), (d), and (e),'' and inserting ``(c), (d), 
     (e), and (f)''.
       (2) Paragraph (2) of section 6402(d) of such Code is 
     amended by striking ``and before such overpayment is reduced 
     pursuant to subsection (e)'' and inserting ``and before such 
     overpayment is reduced pursuant to subsections (e) and (f)''.
       (3) Paragraph (3) of section 6402(e) of such Code is 
     amended in the last sentence by inserting ``or subsection 
     (f)'' after ``paragraph (1)''.
       (4) Subsection (g) of section 6402 of such Code, as 
     redesignated by subsection (a), is amended by striking ``(c), 
     (d), or (e)'' and inserting ``(c), (d), (e), or (f)''.
       (5) Subsection (i) of section 6402 of such Code, as 
     redesignated by subsection (a), is amended by striking 
     ``subsection (c) or (e)'' and inserting ``subsection (c), 
     (e), or (f)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to refunds payable under section 6402 of the 
     Internal Revenue Code of 1986 on or after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 5261. Ms. CANTWELL (for Mr. Smith) proposed an amendment to the 
bill H.R. 2608, to amend section 402 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 to provide, in fiscal years 
2009 through 2011, extensions of supplemental security income for 
refugees, asylees, and certain other humanitarian immigrants, and to 
amend the Internal Revenue Code of 1986 to collect unemployment 
compensation debts resulting from fraud; as follows:


[[Page 17869]]

       Amend the title so as to read: ``An Act to amend section 
     402 of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 to provide, in fiscal years 2009 
     through 2011, extensions of supplemental security income for 
     refugees, asylees, and certain other humanitarian immigrants, 
     and to amend the Internal Revenue Code of 1986 to collect 
     unemployment compensation debts resulting from fraud.''.
                                 ______
                                 
  SA 5262. Ms. CANTWELL (for Mrs. Hutchison) proposed an amendment to 
the bill S. 2507, to address the digital television transition in 
border states; as follows:

       On page 7, line 7, strike ``2014'' and insert ``2013''.
       On page 10, line 18, strike the quotation mark and the 
     second period and insert the following:
       ``(E) Limitation on extension of certain licenses.--The 
     Commission shall not extend or renew a full-power television 
     broadcast license that authorizes analog television service 
     on or after February 17, 2013.''.
                                 ______
                                 
  SA 5263. Ms. CANTWELL (for Mr. Levin) proposed an amendment in the 
joint resolution S.J. Res. 45, expressing the consent and approval of 
Congress to an inter-state compact regarding water resources in the 
Great Lakes-St. Lawrence River Basin; as follows:

       On page 63, strike lines 4 through 11 and insert the 
     following:
       (1) Congress consents to and approves the interstate 
     compact regarding water resources in the Great Lakes--St. 
     Lawrence River Basin described in the preamble;
       (2) until a Great Lakes Water Compact is ratified and 
     enforceable, laws in effect as of the date of enactment of 
     this resolution provide protection sufficient to prevent 
     Great Lakes water diversions; and
       (3) Congress expressly reserves the right to alter, amend, 
     or repeal this resolution.
                                 ______
                                 
  SA 5264. Mr. REID (for Mr. Lieberman) proposed an amendment to the 
bill H.R. 5683, to make certain reforms with respect to the Government 
Accountability Office, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Government 
     Accountability Office Act of 2008''.
       (b) References.--Except as otherwise expressly provided, 
     whenever in this Act an amendment is expressed in terms of an 
     amendment to a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 31, United States Code.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; references; table of contents.
Sec. 2. Provisions relating to future annual pay adjustments.
Sec. 3. Pay adjustment relating to certain previous years.
Sec. 4.  Lump-sum payment for certain performance-based compensation.
Sec. 5. Inspector General.
Sec. 6. Reimbursement of audit costs.
Sec. 7. Financial disclosure requirements.
Sec. 8. Highest basic pay rate.
Sec. 9. Additional authorities.

     SEC. 2. PROVISIONS RELATING TO FUTURE ANNUAL PAY ADJUSTMENTS.

       (a) In General.--Section 732 is amended by adding at the 
     end the following:
       ``(j)(1) For purposes of this subsection--
       ``(A) the term `pay increase', as used with respect to an 
     officer or employee in connection with a year, means the 
     total increase in the rate of basic pay (expressed as a 
     percentage) of such officer or employee, taking effect under 
     section 731(b) and subsection (c)(3) in such year;
       ``(B) the term `required minimum percentage', as used with 
     respect to an officer or employee in connection with a year, 
     means the percentage equal to the total increase in rates of 
     basic pay (expressed as a percentage) taking effect under 
     sections 5303 and 5304-5304a of title 5 in such year with 
     respect to General Schedule positions within the pay locality 
     (as defined by section 5302(5) of title 5) in which the 
     position of such officer or employee is located;
       ``(C) the term `covered officer or employee', as used with 
     respect to a pay increase, means any individual--
       ``(i) who is an officer or employee of the Government 
     Accountability Office, other than an officer or employee 
     described in subparagraph (A), (B), or (C) of section 4(c)(1) 
     of the Government Accountability Office Act of 2008, 
     determined as of the effective date of such pay increase; and
       ``(ii) whose performance is at least at a satisfactory 
     level, as determined by the Comptroller General under the 
     provisions of subsection (c)(3) for purposes of the 
     adjustment taking effect under such provisions in such year; 
     and
       ``(D) the term `nonpermanent merit pay' means any amount 
     payable under section 731(b) which does not constitute basic 
     pay.
       ``(2)(A) Notwithstanding any other provision of this 
     chapter, if (disregarding this subsection) the pay increase 
     that would otherwise take effect with respect to a covered 
     officer or employee in a year would be less than the required 
     minimum percentage for such officer or employee in such year, 
     the Comptroller General shall provide for a further increase 
     in the rate of basic pay of such officer or employee.
       ``(B) The further increase under this subsection--
       ``(i) shall be equal to the amount necessary to make up for 
     the shortfall described in subparagraph (A); and
       ``(ii) shall take effect as of the same date as the pay 
     increase otherwise taking effect in such year.
       ``(C) Nothing in this paragraph shall be considered to 
     permit or require that a rate of basic pay be increased to an 
     amount inconsistent with the limitation set forth in 
     subsection (c)(2).
       ``(D) If (disregarding this subsection) the covered officer 
     or employee would also have received any nonpermanent merit 
     pay in such year, such nonpermanent merit pay shall be 
     decreased by an amount equal to the portion of such officer's 
     or employee's basic pay for such year which is attributable 
     to the further increase described in subparagraph (A) (as 
     determined by the Comptroller General), but to not less than 
     zero.
       ``(3) Notwithstanding any other provision of this chapter, 
     the effective date of any pay increase (within the meaning of 
     paragraph (1)(A)) taking effect with respect to a covered 
     officer or employee in any year shall be the same as the 
     effective date of any adjustment taking effect under section 
     5303 of title 5 with respect to statutory pay systems (as 
     defined by section 5302(1) of title 5) in such year.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to any pay increase (as defined by 
     such amendment) taking effect on or after the date of the 
     enactment of this Act.

     SEC. 3. PAY ADJUSTMENT RELATING TO CERTAIN PREVIOUS YEARS.

       (a) Applicability.--This section applies in the case of any 
     individual who, as of the date of the enactment of this Act, 
     is an officer or employee of the Government Accountability 
     Office, excluding--
       (1) an officer or employee described in subparagraph (A), 
     (B), or (C) of section 4(c)(1); and
       (2) an officer or employee who received both a 2.6 percent 
     pay increase in January 2006 and a 2.4 percent pay increase 
     in February 2007.
       (b) Pay Increase Defined.--For purposes of this section, 
     the term ``pay increase'', as used with respect to an officer 
     or employee in connection with a year, means the total 
     increase in the rate of basic pay (expressed as a percentage) 
     of such officer or employee, taking effect under sections 
     731(b) and 732(c)(3) of title 31, United States Code, in such 
     year.
       (c) Prospective Effect.--Effective with respect to pay for 
     service performed in any pay period beginning after the end 
     of the 6-month period beginning on the date of the enactment 
     of this Act (or such earlier date as the Comptroller General 
     may specify), the rate of basic pay for each individual to 
     whom this section applies shall be determined as if such 
     individual had received both a 2.6 percent pay increase for 
     2006 and a 2.4 percent pay increase for 2007, subject to 
     subsection (e).
       (d) Lump-Sum Payment.--Not later than 6 months after the 
     date of the enactment of this Act, the Comptroller General 
     shall, subject to the availability of appropriations, pay to 
     each individual to whom this section applies a lump-sum 
     payment. Subject to subsection (e), such lump-sum payment 
     shall be equal to--
       (1)(A) the total amount of basic pay that would have been 
     paid to the individual, for service performed during the 
     period beginning on the effective date of the pay increase 
     for 2006 and ending on the day before the effective date of 
     the pay adjustment under subsection (c) (or, if earlier, the 
     date on which the individual retires or otherwise ceases to 
     be employed by the Government Accountability Office), if such 
     individual had received both a 2.6 percent pay increase for 
     2006 and a 2.4 percent pay increase for 2007, minus
       (B) the total amount of basic pay that was in fact paid to 
     the individual for service performed during the period 
     described in subparagraph (A); and
       (2) increased by 4 percent of the amount calculated under 
     paragraph (1).
     Eligibility for a lump-sum payment under this subsection 
     shall be determined solely on the basis of whether an 
     individual satisfies the requirements of subsection (a) (to 
     be considered an individual to whom this section applies), 
     and without regard to such individual's employment status as 
     of any date following the date of the enactment of this Act 
     or any other factor.
       (e) Conditions.--Nothing in subsection (c) or (d) shall be 
     considered to permit or require--
       (1) the payment of any rate (or portion of the lump-sum 
     amount as calculated under

[[Page 17870]]

     subsection (d)(1) based on a rate) for any pay period, to the 
     extent that such rate would be (or would have been) 
     inconsistent with the limitation that applies (or that 
     applied) with respect to such pay period under section 
     732(c)(2) of title 31, United States Code; or
       (2) the payment of any rate or amount based on the pay 
     increase for 2006 or 2007 (as the case may be), if--
       (A) the performance of the officer or employee involved was 
     not at a satisfactory level, as determined by the Comptroller 
     General under paragraph (3) of section 732(c) of such title 
     31 for purposes of the adjustment under such paragraph for 
     that year; or
       (B) the individual involved was not an officer or employee 
     of the Government Accountability Office on the date as of 
     which that increase took effect.
     As used in paragraph (2)(A), the term ``satisfactory'' 
     includes a rating of ``meets expectations'' (within the 
     meaning of the performance appraisal system used for purposes 
     of the adjustment under section 732(c)(3) of such title 31 
     for the year involved).
       (f) Retirement.--
       (1) In general.--The portion of the lump-sum payment paid 
     under subsection (d) to an officer or employee as calculated 
     under subsection (d)(1) shall, for purposes of any 
     determination of the average pay (as defined by section 8331 
     or 8401 of title 5, United States Code) which is used to 
     compute an annuity under subchapter III of chapter 83 or 
     chapter 84 of such title--
       (A) be treated as basic pay (as defined by section 8331 or 
     8401 of such title); and
       (B) be allocated to the biweekly pay periods covered by 
     subsection (d).
       (2) Contributions to civil service retirement and 
     disability retirement fund.--
       (A) Employee contributions.--The Government Accountability 
     Office shall deduct and withhold from the lump-sum payment 
     paid to each employee under subsection (d) an amount equal to 
     the difference between--
       (i) employee contributions that would have been deducted 
     and withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, if the portion of the lump-sum payment as 
     calculated under subsection (d)(1) had been additionally paid 
     as basic pay during the period described under subsection 
     (d)(1) of this section; and
       (ii) employee contributions that were actually deducted and 
     withheld from pay under section 8334 or 8422 of title 5, 
     United States Code, during that period.
       (B) Agency contributions and payment to the fund.--Not 
     later than 9 months after the Government Accountability 
     Office makes the lump-sum payments under subsection (d), the 
     Government Accountability Office shall pay into the Civil 
     Service Retirement and Disability Fund--
       (i) the amount of each deduction and withholding under 
     subparagraph (A); and
       (ii) an amount for applicable agency contributions under 
     section 8334 or 8423 of title 5, United states Code, based on 
     payments made under clause (i).
       (g) Exclusive Remedy.--This section constitutes the 
     exclusive remedy that any individuals to whom this section 
     applies (as described in subsection (a)) have for any claim 
     that they are owed any monies denied to them in the form of a 
     pay increase for 2006 or 2007 under section 732(c)(3) of 
     title 31, United States Code, or any other law. 
     Notwithstanding any other provision of law, no court or 
     administrative body, including the Government Accountability 
     Office Personnel Appeals Board, shall have jurisdiction to 
     entertain any civil action or other civil proceeding based on 
     the claim of such individuals that they were due money in the 
     form of a pay increase for 2006 or 2007 pursuant to such 
     section 732(c)(3) or any other law.

     SEC. 4. LUMP-SUM PAYMENT FOR CERTAIN PERFORMANCE-BASED 
                   COMPENSATION.

       (a) In General.--Not later than 6 months after the date of 
     the enactment of this Act, the Comptroller General shall, 
     subject to the availability of appropriations, pay to each 
     qualified individual a lump-sum payment equal to the amount 
     of performance-based compensation such individual was denied 
     for 2006, as determined under subsection (b).
       (b) Amount.--The amount payable to a qualified individual 
     under this section shall be equal to--
       (1) the total amount of performance-based compensation such 
     individual would have earned for 2006 (determined by applying 
     the Government Accountability Office's performance-based 
     compensation system under GAO Orders 2540.3 and 2540.4, as in 
     effect in 2006) if such individual had not had a salary equal 
     to or greater than the maximum for such individual's band (as 
     further described in subsection (c)(2)), less
       (2) the total amount of performance-based compensation such 
     individual was in fact granted, in January 2006, for that 
     year.
       (c) Qualified Individual.--For purposes of this section, 
     the term ``qualified individual'' means an individual who--
       (1) as of the date of the enactment of this Act, is an 
     officer or employee of the Government Accountability Office, 
     excluding--
       (A) an individual holding a position subject to section 
     732a or 733 of title 31, United States Code (disregarding 
     section 732a(b) and 733(c) of such title);
       (B) a Federal Wage System employee; and
       (C) an individual participating in a development program 
     under which such individual receives performance appraisals, 
     and is eligible to receive permanent merit pay increases, 
     more than once a year; and
       (2) as of January 22, 2006, was a Band I staff member with 
     a salary above the Band I cap, a Band IIA staff member with a 
     salary above the Band IIA cap, or an administrative 
     professional or support staff member with a salary above the 
     cap for that individual's pay band (determined in accordance 
     with the orders cited in subsection (b)(1)).
       (d) Exclusive Remedy.--This section constitutes the 
     exclusive remedy that any officers and employees (as 
     described in subsection (c)) have for any claim that they are 
     owed any monies denied to them in the form of merit pay for 
     2006 under section 731(b) of title 31, United States Code, or 
     any other law. Notwithstanding any other provision of law, no 
     court or administrative body in the United States, including 
     the Government Accountability Office Personnel Appeals Board, 
     shall have jurisdiction to entertain any civil action or 
     other civil proceeding based on the claim of such officers or 
     employees that they were due money in the form of merit pay 
     for 2006 pursuant to such section 731(b) or any other law.
       (e) Definitions.--For purposes of this section--
       (1) the term ``performance-based compensation'' has the 
     meaning given such term under the Government Accountability 
     Office's performance-based compensation system under GAO 
     Orders 2540.3 and 2540.4, as in effect in 2006; and
       (2) the term ``permanent merit pay increase'' means an 
     increase under section 731(b) of title 31, United States 
     Code, in a rate of basic pay.

     SEC. 5. INSPECTOR GENERAL.

       (a) In General.--Subchapter I of chapter 7 is amended by 
     adding at the end the following:

     ``Sec. 705. Inspector General for the Government 
       Accountability Office

       ``(a) Establishment of Office.--There is established an 
     Office of the Inspector General in the Government 
     Accountability Office, to--
       ``(1) conduct and supervise audits consistent with 
     generally accepted government auditing standards and 
     investigations relating to the Government Accountability 
     Office;
       ``(2) provide leadership and coordination and recommend 
     policies, to promote economy, efficiency, and effectiveness 
     in the Government Accountability Office; and
       ``(3) keep the Comptroller General and Congress fully and 
     currently informed concerning fraud and other serious 
     problems, abuses, and deficiencies relating to the 
     administration of programs and operations of the Government 
     Accountability Office.
       ``(b) Appointment, Supervision, and Removal.--
       ``(1) The Office of the Inspector General shall be headed 
     by an Inspector General, who shall be appointed by the 
     Comptroller General without regard to political affiliation 
     and solely on the basis of integrity and demonstrated ability 
     in accounting, auditing, financial analysis, law, management 
     analysis, public administration, or investigations. The 
     Inspector General shall report to, and be under the general 
     supervision of, the Comptroller General.
       ``(2) The Inspector General may be removed from office by 
     the Comptroller General. The Comptroller General shall, 
     promptly upon such removal, communicate in writing the 
     reasons for any such removal to each House of Congress.
       ``(3) The Inspector General shall be paid at an annual rate 
     of pay equal to $5,000 less than the annual rate of pay of 
     the Comptroller General, and may not receive any cash award 
     or bonus, including any award under chapter 45 of title 5.
       ``(c) Authority of Inspector General.--In addition to the 
     authority otherwise provided by this section, the Inspector 
     General, in carrying out the provisions of this section, 
     may--
       ``(1) have access to all records, reports, audits, reviews, 
     documents, papers, recommendations, or other material that 
     relate to programs and operations of the Government 
     Accountability Office;
       ``(2) make such investigations and reports relating to the 
     administration of the programs and operations of the 
     Government Accountability Office as are, in the judgment of 
     the Inspector General, necessary or desirable;
       ``(3) request such documents and information as may be 
     necessary for carrying out the duties and responsibilities 
     provided by this section from any Federal agency;
       ``(4) in the performance of the functions assigned by this 
     section, obtain all information, documents, reports, answers, 
     records, accounts, papers, and other data and documentary 
     evidence from a person not in the United States Government or 
     from a Federal agency, to the same extent and in the same 
     manner as the Comptroller General under the authority and 
     procedures available to the Comptroller General in section 
     716 of this title;
       ``(5) administer to or take from any person an oath, 
     affirmation, or affidavit, whenever necessary in the 
     performance of the functions assigned by this section, which 
     oath,

[[Page 17871]]

     affirmation, or affidavit when administered or taken by or 
     before an employee of the Office of Inspector General 
     designated by the Inspector General shall have the same force 
     and effect as if administered or taken by or before an 
     officer having a seal;
       ``(6) have direct and prompt access to the Comptroller 
     General when necessary for any purpose pertaining to the 
     performance of functions and responsibilities under this 
     section;
       ``(7) report expeditiously to the Attorney General whenever 
     the Inspector General has reasonable grounds to believe there 
     has been a violation of Federal criminal law; and
       ``(8) provide copies of all reports to the Audit Advisory 
     Committee of the Government Accountability Office and provide 
     such additional information in connection with such reports 
     as is requested by the Committee.
       ``(d) Complaints by Employees.--
       ``(1) The Inspector General--
       ``(A) subject to subparagraph (B), may receive, review, and 
     investigate, as the Inspector General considers appropriate, 
     complaints or information from an employee of the Government 
     Accountability Office concerning the possible existence of an 
     activity constituting a violation of any law, rule, or 
     regulation, mismanagement, or a gross waste of funds; and
       ``(B) shall refer complaints or information concerning 
     violations of personnel law, rules, or regulations to 
     established investigative and adjudicative entities of the 
     Government Accountability Office.
       ``(2) The Inspector General shall not, after receipt of a 
     complaint or information from an employee, disclose the 
     identity of the employee without the consent of the employee, 
     unless the Inspector General determines such disclosure is 
     unavoidable during the course of the investigation.
       ``(3) Any employee who has authority to take, direct others 
     to take, recommend, or approve any personnel action, shall 
     not, with respect to such authority, take or threaten to take 
     any action against any employee as a reprisal for making a 
     complaint or disclosing information to the Inspector General, 
     unless the complaint was made or the information disclosed 
     with the knowledge that it was false or with willful 
     disregard for its truth or falsity.
       ``(e) Semiannual Reports.--(1) The Inspector General shall 
     submit semiannual reports summarizing the activities of the 
     Office of the Inspector General to the Comptroller General. 
     Such reports shall include, but need not be limited to--
       ``(A) a summary of each significant report made during the 
     reporting period, including a description of significant 
     problems, abuses, and deficiencies disclosed by such report;
       ``(B) a description of the recommendations for corrective 
     action made with respect to significant problems, abuses, or 
     deficiencies described pursuant to subparagraph (A);
       ``(C) a summary of the progress made in implementing such 
     corrective action described pursuant to subparagraph (B); and
       ``(D) information concerning any disagreement the 
     Comptroller General has with a recommendation of the 
     Inspector General.
       ``(2) The Comptroller General shall transmit the semiannual 
     reports of the Inspector General, together with any comments 
     the Comptroller General considers appropriate, to Congress 
     within 30 days after receipt of such reports.
       ``(f) Independence in Carrying Out Duties and 
     Responsibilities.--The Comptroller General may not prevent or 
     prohibit the Inspector General from carrying out any of the 
     duties or responsibilities of the Inspector General under 
     this section.
       ``(g) Authority for Staff.--
       ``(1) In general.--The Inspector General shall select, 
     appoint, and employ (including fixing and adjusting the rates 
     of pay of) such personnel as may be necessary to carry out 
     this section consistent with the provisions of this title 
     governing selections, appointments, and employment (including 
     the fixing and adjusting the rates of pay) in the Government 
     Accountability Office. Such personnel shall be appointed, 
     promoted, and assigned only on the basis of merit and 
     fitness, but without regard to those provisions of title 5 
     governing appointments and other personnel actions in the 
     competitive service, except that no personnel of the Office 
     may be paid at an annual rate greater than $1,000 less than 
     the annual rate of pay of the Inspector General.
       ``(2) Experts and consultants.--The Inspector General may 
     procure temporary and intermittent services under section 
     3109 of title 5 at rates not to exceed the daily equivalent 
     of the annual rate of basic pay for level IV of the Executive 
     Schedule under section 5315 of such title.
       ``(3) Independence in appointing staff.--No individual may 
     carry out any of the duties or responsibilities of the Office 
     of the Inspector General unless the individual is appointed 
     by the Inspector General, or provides services obtained by 
     the Inspector General, pursuant to this paragraph.
       ``(4) Limitation on program responsibilities.--The 
     Inspector General and any individual carrying out any of the 
     duties or responsibilities of the Office of the Inspector 
     General are prohibited from performing any program 
     responsibilities.
       ``(h) Office Space.--The Comptroller General shall provide 
     the Office of the Inspector General--
       ``(1) appropriate and adequate office space;
       ``(2) such equipment, office supplies, and communications 
     facilities and services as may be necessary for the operation 
     of the Office of the Inspector General;
       ``(3) necessary maintenance services for such office space, 
     equipment, office supplies, and communications facilities; 
     and
       ``(4) equipment and facilities located in such office 
     space.
       ``(i) Definition.--As used in this section, the term 
     `Federal agency' means a department, agency, instrumentality, 
     or unit thereof, of the Federal Government.''.
       (b) Incumbent.--The individual who serves in the position 
     of Inspector General of the Government Accountability Office 
     on the date of the enactment of this Act shall continue to 
     serve in such position subject to removal in accordance with 
     the amendments made by this section.
       (c) Clerical Amendment.--The table of sections for chapter 
     7 is amended by inserting after the item relating to section 
     704 the following:

``705. Inspector General for the Government Accountability Office.''.

     SEC. 6. REIMBURSEMENT OF AUDIT COSTS.

       (a) In General.--Section 3521 is amended by adding at the 
     end the following:
       ``(i)(1) If the Government Accountability Office audits any 
     financial statement or related schedule which is prepared 
     under section 3515 by an executive agency (or component 
     thereof) for a fiscal year beginning on or after October 1, 
     2009, such executive agency (or component) shall reimburse 
     the Government Accountability Office for the cost of such 
     audit, if the Government Accountability Office audited the 
     statement or schedule of such executive agency (or component) 
     for fiscal year 2007.
       ``(2) Any executive agency (or component thereof) that 
     prepares a financial statement under section 3515 for a 
     fiscal year beginning on or after October 1, 2009, and that 
     requests, with the concurrence of the Inspector General of 
     such agency, the Government Accountability Office to conduct 
     the audit of such statement or any related schedule required 
     by section 3521 may reimburse the Government Accountability 
     Office for the cost of such audit.
       ``(3) For the audits conducted under paragraphs (1) and 
     (2), the Government Accountability Office shall consult prior 
     to the initiation of the audit with the relevant executive 
     agency (or component) and the Inspector General of such 
     agency on the scope, terms, and cost of such audit.
       ``(4) Any reimbursement under paragraph (1) or (2) shall be 
     deposited to a special account in the Treasury and shall be 
     available to the Government Accountability Office for such 
     purposes and in such amounts as are specified in annual 
     appropriations Acts.''.
       (b) Conforming Amendment.--Section 1401 of title I of 
     Public Law 108-83 (31 U.S.C. 3523 note) is repealed, 
     effective October 1, 2010.

     SEC. 7. FINANCIAL DISCLOSURE REQUIREMENTS.

       Section 109(13)(B) of the Ethics in Government Act of 1978 
     (5 U.S.C. App.) is amended--
       (1) in clause (i), by inserting ``(except any officer or 
     employee of the Government Accountability Office)'' after 
     ``legislative branch'', and by striking ``and'' at the end;
       (2) by redesignating clause (ii) as clause (iii); and
       (3) by inserting after clause (i) the following:
       ``(ii) each officer or employee of the Government 
     Accountability Office who, for at least 60 consecutive days, 
     occupies a position for which the rate of basic pay, minus 
     the amount of locality pay that would have been authorized 
     under section 5304 of title 5, United States Code (had the 
     officer or employee been paid under the General Schedule) for 
     the locality within which the position of such officer or 
     employee is located (as determined by the Comptroller 
     General), is equal to or greater than 120 percent of the 
     minimum rate of basic pay payable for GS-15 of the General 
     Schedule; and''.

     SEC. 8. HIGHEST BASIC PAY RATE.

       Section 732(c)(2) is amended by striking ``highest basic 
     rate for GS-15;'' and inserting ``rate for level III of the 
     Executive Level, except that the total amount of cash 
     compensation in any year shall be subject to the limitations 
     provided under section 5307(a)(1) of title 5;''.

     SEC. 9. ADDITIONAL AUTHORITIES.

       (a) In General.--Section 731 is amended--
       (1) by repealing subsection (d);
       (2) in subsection (e)--
       (A) in the matter before paragraph (1), by striking 
     ``maximum daily rate for GS-18 under section 5332 of such 
     title'' and inserting ``daily rate for level IV of the 
     Executive Schedule''; and
       (B) by striking ``more than--'' and all that follows and 
     inserting the following: ``more than 20 experts and 
     consultants may be procured for terms of not more than 3 
     years, but which shall be renewable.''; and
       (3) by adding at the end the following:
       ``(j) Funds appropriated to the Government Accountability 
     Office for salaries and expenses are available for meals and 
     other related reasonable expenses incurred in connection with 
     recruitment.''.
       (b) Conforming Amendments.--(1) Section 732a(b) is amended 
     by striking ``section

[[Page 17872]]

     731(d), (e)(1), or (e)(2)'' and inserting ``paragraph (1) or 
     (2) of section 731(e)''.
       (2) Section 733(c) is amended by striking ``(d),''.
       (3) Section 735(a) is amended by striking ``731(c)-(e),'' 
     and inserting ``731(c) and (e),''.

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