[Senate Report 110-270]
[From the U.S. Government Publishing Office]
From the Senate Reports Online via GPO Access
[wais.access.gpo.gov]
Calendar No. 590
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110th Congress Report
2d Session SENATE 110-270
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RAILROAD SAFETY ENHANCEMENT ACT OF 2007
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1889
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 3, 2008.--Ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
69-010 PDF WASHINGTON DC: 2008
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred tenth congress
second session
DANIEL K. INOUYE, Hawaii, Chairman
TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West JOHN McCAIN, Arizona
Virginia KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota GORDON H. SMITH, Oregon
BARBARA BOXER, California JOHN ENSIGN, Nevada
BILL NELSON, Florida JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey DAVID VITTER, Louisiana
MARK PRYOR, Arkansas JOHN THUNE, South Dakota
THOMAS CARPER, Delaware ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
Margaret Cummisky, Staff Director and Chief Counsel
Lila Helms, Deputy Staff Director and Policy Director
Jean Toal Eisen, Senior Advisor and Deputy Policy Director
Christine Kurth, Republican Staff Director and General Counsel
Paul J. Nagle, Republican Chief Counsel
Mimi Braniff, Republican Deputy Chief Counsel
Calendar No. 590
110th Congress Report
2d Session SENATE 110-270
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RAILROAD SAFETY ENHANCEMENT ACT OF 2007
_______
March 3, 2008.--Ordered to be printed
_______
Mr. Inouye, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1889]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1889) to amend title 49,
United States Code, to improve railroad safety by reducing
accidents and to prevent railroad fatalities, injuries, and
hazardous materials releases, and for other purposes, having
considered the same, reports favorably thereon with amendments
(in the nature of a substitute) and recommends that the bill
(as amended) do pass.
Purpose of the Bill
S. 1889, the Railroad Safety Enhancement Act of 2007 (RSEA),
is a bill to improve railroad safety by reducing railroad
accidents and preventing railroad fatalities, injuries, and
hazardous materials releases through enhanced Federal
regulation of railroad operations and infrastructure and the
development of new Federal and State railroad safety programs.
To accomplish these purposes, S. 1889 would reauthorize the
Federal Railroad Administration (FRA); require railroads to
make changes in current operating, scheduling, and other
practices to improve railroad safety; and authorize
appropriations for FRA programs, research and development, and
grants for fiscal year (FY) 2008 through FY 2013.
Background and Needs
The Federal Railroad Safety Act of 1970 granted the Secretary
of Transportation (Secretary) regulatory authority over all
areas of railroad safety. By regulation, the Secretary has
delegated this authority to the FRA, and its primary mission is
to establish and enforce safety regulations for the U.S.
railroad industry. The FRA also focuses on conducting research
into safety issues through its research and development program
and providing grants and loans to the railroad industry for
infrastructure improvements and intercity passenger rail
service. During the past 37 years, several refinements have
been made to the Federal Railroad Safety Act of 1970 and the
FRA's programs through various pieces of legislation. The FRA's
last authorization, the Federal Railroad Safety Authorization
Act of 1994, expired in FY 1998, and the agency has since been
operating without an authorization of its programs.
The FRA issues regulations that set forth standards for
ensuring all aspects of railroad safety, including those
governing railroad track, signals, equipment, and operating
practices. Several of the FRA's regulations are developed
through recommendations from the Railroad Safety Advisory
Committee (RSAC), which was established in 1996 pursuant to the
Federal Advisory Committee Act. The RSAC consists of
approximately 40 members representing railroad management,
labor groups, trade associations, and safety agencies at both
the State and Federal levels. The FRA also enforces safety
regulations regarding hazardous materials transported by rail
that are promulgated by the Pipeline and Hazardous Materials
Safety Administration (PHMSA).
The FRA employs approximately 780 employees, including 440
railroad safety inspectors, who operate from eight regional
offices throughout the country and enforce compliance with FRA
regulations by conducting routine inspections at railroads and
facilities that ship hazardous materials by rail. Each of the
FRA's inspectors normally specializes in one of five inspection
disciplines: track, motive power and equipment, operating
practices, signal and train control, and hazardous materials.
The FRA also has employees who focus on grade-crossing safety,
including the establishment of ``quiet zones'' \1\ and railroad
bridge safety engineering. In addition to Federal inspectors,
approximately 160 State rail inspectors augment the FRA
inspection force, providing supplemental inspections and
referring violations of Federal laws and regulations to the FRA
for appropriate action. FRA inspectors also conduct
investigations into select derailments and accidents.
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\1\ A ``quiet zone'', as defined by the FRA in section 222.9 of
title 49, Code of Federal Regulations, is a segment of a rail line,
within which is situated one or a number of consecutive public highway-
rail crossings at which locomotive horns are not routinely sounded. In
general, a quiet zone may be established if grade crossing protection
devices provide sufficient safety protection to warrant the restriction
of the sounding of locomotive horns except in emergencies.
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To support the FRA's safety mission, the FRA's research and
development office conducts research in the following areas:
railroad system issues, including safety, security, and the
environment; human performance in railroad operations; rolling
stock and components; track and structures; train control;
hazardous materials transportation; and other areas affecting
safety. The FRA also owns Transportation Technology Center,
Incorporated (TTCI) near Pueblo, Colorado, which is operated
under contract by a subsidiary of the Association of American
Railroads (AAR). This facility is used for a variety of
railroad technology, operations, safety, and security research.
TTCI was also recently added as a member of the National
Domestic Preparedness Consortium in the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law
110-53) to identify, develop, test, and deliver training to
local and State emergency response providers.
In addition to and often in coordination with the FRA, the
National Transportation Safety Board (NTSB) investigates
railroad accidents, determines their probable causes, and
issues safety recommendations to various entities, including
U.S. Department of Transportation (DOT) agencies. The
Government Accountability Office (GAO) and the DOT Inspector
General (DOT IG) periodically review the FRA's operations and
make recommendations for the FRA to more efficiently direct its
resources to improve railroad safety.
In general, railroad operations are significantly safer today
than they were when the Federal Railroad Safety Act of 1970 was
enacted. Between 1978 and 2005, the total number of rail-
related accidents and incidents fell from approximately 91,000
to 14,000, representing a decline of 85 percent. In recent
years, however, the number of rail-related fatalities and the
train accident rate have begun to rise, likely due to an
increase in train miles, which totaled 811,000,000 in 2006
compared to 677,000,000 in 1997. Additionally, trespasser
deaths have recently surpassed highway-rail grade crossing
incidents as the leading cause of railroad associated deaths.
Together these trespasser and grade crossing incidents comprise
94 percent of all rail-related accidents, injuries, and
fatalities. Projected increases in railroad and highway traffic
could drive further increases in rail-related accidents,
incidents, and fatalities.
The FRA categorizes reportable rail accidents into five
general categories: human factors; track and structures;
equipment; signal and train control; and miscellaneous. Human-
factor caused accidents represent the largest percentage of
railroad accidents at approximately 37 percent of all
accidents. Track-caused accidents follow closely behind at
approximately 34 percent. It is clear that the FRA's
implementation of the railroad safety laws and initiatives has,
in total, had extensive positive impacts on safety, but the FRA
and the railroad industry need additional direction and
authorization to implement new programs that will further
reduce the number and rates of rail-related accidents,
incidents and fatalities.
FATIGUE, HOURS OF SERVICE, AND HUMAN FACTORS
The FRA accident and injury statistics show that human
factor-caused accidents account for the largest percentage of
all rail accidents. Such accidents are those in which an
employee error stemming from human capabilities, such as
perception, attention, memory, or behavior, is determined to be
the cause.
A major component of human factor-caused accidents is
fatigue. Employee fatigue is suspected to be the cause of or a
significant factor in many railroad accidents, although it is
often difficult to prove fatigue as the direct cause of an
accident. The NTSB has identified fatigue as a contributing
cause of at least 18 significant railroad accidents since 1984.
Recent examples include the accident in Anding, Mississippi, on
July 10, 2005, where two trains collided after one of them
failed to comply with a signal requiring it to stop. Six
locomotives and 17 cars derailed, spilling diesel fuel that
burned for over 15 hours. All four crew members were killed in
the accident. The NTSB determined that one crew's
inattentiveness to the signal indication was likely a result of
its employees being fatigued. In Macdona, Texas, on June 28,
2004, two trains collided resulting in the derailment of four
locomotive and 36 cars, and the release of liquefied chlorine.
Two local residents and one railroad employee were killed from
inhalation of chlorine gas. The resulting damage was estimated
at $5.7 million. Again, the NTSB determined that the accident
was caused by the crew's fatigue which resulted in its failure
to observe a wayside signal.
The Hours of Service Act, enacted in 1907, which limits the
number of hours railroad employees may work in an effort to
reduce fatigue, is routinely criticized as no longer suitable
for regulating employee work schedules. The current hours of
service (HOS) law permits train, signal, and dispatching
service employees to work a maximum of 12 hours on-duty in a 24
hour period. Off-duty periods must be at least 8 consecutive
hours or, if the employee works 12 consecutive hours, the off-
duty period must be at least 10 consecutive hours.
Interpretations of this Act also allow employees to work
additional hours beyond these limits where an employee has been
``relieved but not released'' from their job sites. This period
is considered neither on-duty nor off-duty, and is known as
``limbo time.'' Although it is uncertain whether this has ever
occurred, the current HOS structure could permit an employee to
work 400 hours in a 30-day period. Regardless of whether
employees work the maximum hours permitted, the combination of
long hours, irregular work and rest cycles, and lack of regular
days off have been shown to have a deleterious effect on
employee alertness.
Research conducted by the DOT, the FRA, and others has
demonstrated that fatigue impairs mental acuity, judgment, and
reaction times, but the cause of any specific human performance
failure can be extremely difficult to pinpoint. The DOT, the
FRA, and the NTSB are working with major railroads and labor
organizations to determine how to manage fatigue. The FRA
recently gathered more data about fatigue through the Switching
Operations Fatality Analysis (SOFA) Working Group, which
determined that fatigue largely related to biological rhythms
or time of day was likely responsible for a large part of SOFA-
analyzed accidents. The FRA also issued one study and two
reports in late 2006 that confirmed that there is a reliable
relationship between the time of day of human factor-caused
accidents and the expected, normal circadian rhythm. These
findings provide an enhanced foundation for fatigue management
in railroad occupations. The North American Rail Alertness
Partnership serves as an ongoing forum for dialogue regarding
present challenges, current research, and the results of
voluntary efforts to resolve fatigue in the railroad
industries.
TRACK INSPECTION
Track-caused accidents are the second-largest cause of all
train accidents, comprising 34 percent of all train accidents.
The FRA determined that some of the leading causes of track
related accidents, including broken rails and rail joint bars,
are very hard to detect through normal track inspection
procedures. The FRA and the industry are developing more
sophisticated track inspection technology to better detect
internal rail defects that could potentially be deployed at
relatively low costs. For example, the FRA is developing an
automated high-resolution video joint bar inspection system
that will have the capability of being deployed on a hi-rail
vehicle to better detect visual cracks. This new system, as
well as others, may also help reduce track inspection time.
In addition to methods of detecting track or rail defects,
the increase of rail traffic has also made it more difficult
for railroad and FRA track inspectors to get adequate time to
properly inspect the track, also known as ``track time.''
Specifically, the NTSB, based on findings related to an
accident in Home Valley, Washington, raised a concern that
railroads are not permitting their own track inspectors enough
track time or authority to occupy railroad tracks for
maintenance and inspection purposes, especially on dense,
shared freight and passenger routes. The NTSB attributed the
cause of the accident, in part, to failure of the railroad to
respond to reports of possible track problems with appropriate
inspections. In similar instances, not only can the limitation
of track time pose concerns regarding the adequacy of the
inspections that occur under such time constraints but may also
lead to instances where low-level defects are left unaddressed
because track inspectors and maintenance personnel must use the
limited time available to them to repair the most obvious and
severe defects immediately. Such latent defects can develop,
over time, into serious safety concerns but may never get
appropriate attention.
POSITIVE TRAIN CONTROL (PTC) AND OTHER NEW TECHNOLOGY
The railroad industry is quickly developing and deploying new
technology to improve the safety, security, and efficiency of
operations, some of which were not fully contemplated when
railroad safety laws and regulations were written. Therefore,
laws and regulations related to this technology need to be
updated to provide guidance to the industry for developing and
deploying such technology in a manner consistent with safety.
It is anticipated that a more certain regulatory regime for
this new technology will motivate railroads and suppliers to
develop and deploy such products.
The most advanced of this emerging technology is PTC, which
is a generic term for integrated command, control,
communications, and information systems that control train
movements. Both the NTSB and the FRA agree that PTC systems can
improve railroad safety by significantly reducing the
probability of train-to-train collisions, overspeed
derailments, and incursion into roadway worker work limits.
Remote intervention capability, which allows the system to stop
or slow a train should the locomotive crew become incapacitated
or fail to respond in accordance with required actions, is
central to all PTC systems. The use of PTC technology is a
departure from the method governing most train movements today,
which is generally conducted through the use of wayside signals
and/or written operating authorities that grant track occupancy
to trains, but provides for an equivalent or greater level of
safety.
PTC has been on the NTSB's list of ``most-wanted''
initiatives for national transportation safety since the NTSB
created the list in 1990. The NTSB has estimated that
approximately 40 to 60 accidents that could result in seven
fatalities and 55 injuries could be prevented by PTC each year.
In addition to providing a greater level of safety, PTC systems
may also enable a railroad to improve scheduling of operations,
running time, reliability, asset utilization, and track
capacity. The operational transparency provided by PTC should
also assist railroads in measuring and managing costs and
improving efficiency. Collisions like the one that occurred in
Graniteville, South Carolina, on January 6, 2005, in which an
employee's failure to properly line a track switch resulted in
the derailment of several railroad cars and the release of
chlorine gas, killing nine people, could have been prevented by
a PTC system.
Several railroads, the AAR, the FRA, and various suppliers
have been working on developing PTC systems for over 20 years.
With over five active PTC systems currently being operated or
tested, the cost, sophistication, and reliability of these
systems are approaching or have reached deployable levels. On
March 7, 2005, the FRA issued a final rule, Standards for
Development and Use of Processor-Based Signal and Train Control
Systems. To date, one railroad has obtained FRA approval of its
PTC system, and the majority of the Class I railroads \2\ have
PTC systems under development. Amtrak also operates a PTC
system on the Northeast Corridor and in Michigan; that system
was grandfathered under the FRA's PTC final rule.
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\2\ U.S. Class I Railroads are line haul freight railroads with
operating revenue in excess of $277.7 million. In 2007, the U.S. Class
I railroads were: BNSF Railway, CSX Transportation, Canadian National's
Grand Trunk Corporation, Kansas City Southern Railway, Norfolk Southern
Combined Railroad Subsidiaries, Canadian Pacific's Soo Line Railroad,
and Union Pacific Railroad.
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However, the deployment of PTC systems has not been as rapid
or as widespread as it could be. The critical issues
surrounding deployment of PTC are the development of standards
for interoperability, cost-benefit calculations, and funding.
While PTC can clearly enhance the safety of mainline
operations, many railroads believe that under current operating
practices, the benefits do not outweigh the estimated $6 to $8
billion cost of deployment for the entire U.S. railroad
network. Railroads particularly note that the large majority of
non-grade crossing and trespasser accidents and deaths occur in
yards or terminals or are due to track defects and that PTC
systems offer limited or no value in reducing or preventing
such accidents. Mainline rail collisions make up only two
percent of accidents and have been reduced by 82 percent since
1980. Many railroads feel that spending significant capital
resources to address yard and track safety concerns, which are
far more prevalent within the industry, would provide more
safety benefits for their investment. However, the NTSB, the
FRA, and others have suggested that the operational and
productivity benefits, added to the safety enhancements, will
make PTC a worthwhile investment for certain rail lines and
operations, especially routes with dual passenger and freight
operations and hazardous materials shipments.
Electronically controlled pneumatic (ECP) brakes are another
innovation in the railroad industry that is expected to reduce
human factor-caused accidents by improving train handling and
eliminating misuse of automatic braking systems. ECP brakes
have been proven to reduce stopping distances for trains by
uniformly applying brakes throughout an entire train. This can
help prevent train collisions. The FRA is currently preparing a
rule to amend train air brake requirements to ensure that ECP
brakes are deployed safely and, in the mean time, is working
with railroads to encourage the use of this technology.
GRADE CROSSING AND TRESPASSER SAFETY
Grade crossing and trespasser incidents account for about 94
percent of all deaths related to train operations. The number
of grade crossing deaths has declined substantially and
steadily over the last decade. In the past few years, however,
the number of grade crossing collisions has increased, which is
likely due to the increase in rail and motor vehicle traffic.
The DOT IG has issued four reports, in 1999, 2004, 2005, and
2007, about the FRA's oversight of highway-rail grade crossing
accidents. The reports found that the FRA had not identified
collisions that the railroads were required to report to the
National Response Center (NRC), had conducted investigations on
less than one percent of grade crossing collisions, and had not
taken strong actions to enforce the highway-rail grade crossing
regulations. The latest report also found that the FRA has no
assurance that sight obstructions at grade crossings are
addressed in State laws.
In response to these audits, the FRA has issued a Safety
Advisory that describes the roles of the Federal and State
governments and the railroads in grade crossing safety and
reemphasizes the requirements of the FRA regulations. In 2004,
the FRA also issued an action plan for Highway-Rail Crossing
Safety and Trespass Prevention, which sets forth a series of
initiatives in the area of engineering, education and
enforcement. The FRA also has begun reviewing private grade
crossings, at which about 10 percent of grade crossing
accidents occur, to determine what actions need to be taken to
address safety at these crossings. The FRA has also issued
several civil penalties against railroads that do not
immediately report accidents to the NRC. However, the FRA has
not yet addressed the sight obstruction issue. The DOT IG and
the FRA recognize that more needs to be done to reduce grade
crossing accidents and injuries.
Relying primarily on funding made available through the
Federal Highway Administration (FHWA) pursuant to section 130
of title 23, United States Code, (Section 130) most States have
gradually upgraded crossing warning devices, especially at the
State's most dangerous crossings. Since its inception in 1974,
the FHWA estimates that the Section 130 program has distributed
$3.8 billion in funds and been responsible for the construction
of 30,000 active crossing warning devices that helped prevent
more than 10,000 deaths and over 50,000 injuries. Nevertheless,
scores of thousands of public and private crossings have only
passive warning devices, and collisions continue to occur at
crossings with fully operational active warning devices where
motorists disregard the warnings. Supplementary safety measures
such as traffic channelization devices or four-quadrant gate
systems that would prevent such behavior have been installed on
only a limited basis.
Reducing trespasser deaths remains a significant challenge
facing railroads and the FRA. Since 1997, events involving
trespassing have become the major cause of rail-related deaths,
surpassing highway-rail grade crossing incidents. According to
FRA data, through the first eight months of 2006, trespassing
events represented 58 percent of all rail-related deaths, the
highest percentage since 1975. While detection systems can be
designed to detect actions by trespassers who tamper with
structures and facilities, many fatalities involve people
trespassing on railroad rights of way that are often viewed by
the public as convenient routes through communities.
Additionally, a significant portion of trespasser fatalities
are suicides. The FRA and railroads have come up with few
solutions to this growing problem. In 2004, the Secretary
instituted the Action Plan for Highway-Rail Crossing Safety and
Trespass Prevention, which sets forth a series of initiatives
in the fields of engineering, education, and enforcement. In
2005, the FRA instituted its National Rail Safety Action Plan
as its strategic enforcement plan and part of which includes
fostering further improvements in highway-rail grade crossing
safety and trespassing accident prevention. Despite this
initiative, the FRA reported that highway-rail grade crossing
fatalities increased by 2.2 percent and trespasser fatalities
increased by 13.6 percent in 2006.
SOLID WASTE
A loophole exists in Federal law that exempts railroads that
conduct solid waste handling or processing from complying with
State health, safety, and environmental laws with which other
solid waste handling and processing facilities must comply.
This loophole came to light within the past few years when a
few companies in the Northeast began hauling municipal solid
waste (MSW) and construction and demolition (C&D) debris by
railroad and claimed that as ``railroads'' they were Federally
protected from complying with local health, safety, and
environmental laws. The Surface Transportation Board, which
currently has Federal jurisdiction over railroad rate, service,
and restructuring issues, including construction of new rail
lines and facilities, has not actively exercised that
jurisdiction over railroads that also handle and process solid
waste, leaving many of these facilities wholly unregulated by
any entity. The lack of regulation of these facilities has
allowed certain rail waste transfer and processing facilities
to engage in practices that are widely considered unsafe and
detrimental to health, safety, and the environment. It is
anticipated that due to increased demand for new solid waste
disposal methods for densely populated regions of the United
States that the business of processing and handling solid waste
and shipping it via rail will increase throughout the nation in
the future.
Summary of Provisions
RAILROAD SAFETY STRATEGY AND RISK REDUCTION PROGRAMS
To refocus the Secretary's railroad safety programs and to
further reduce the numbers and rates of accidents, injuries,
and fatalities, the bill would require the Secretary to develop
and submit with the President's budget a long-term strategy for
improving railroad safety. The strategy would have to address
several goals, including improving the consistency and
effectiveness of enforcement programs, improving the
identification of high-risk highway-rail grade crossings;
preventing trespasser accidents, injuries, and fatalities; and
improving the safety of railroad bridges and tunnels.
The bill would also authorize a railroad safety risk
reduction program, which has proven successful in other
industries and in other countries for reducing accidents and
injuries. This type of program first requires an identification
of root causes of accidents, injuries, and fatalities, and then
requires the development of a program to manage railroad
operations and infrastructure, including human behavior, to
prevent these root causes from occurring. To test this concept
within the U.S. railroad industry, the bill would require the
Secretary to develop, implement, and complete a railroad safety
risk reduction pilot program within four years. The FRA has
already begun to conduct research with the railroad industry in
an effort to collect accident, incident, and fatality precursor
data. The pilot program would be expected to be conducted in
conjunction with this on-going research.
This pilot program would be geared at systematically
identifying and evaluating railroad safety risks, including
collecting data about precursors to accidents that may not be
readily identifiable through traditional inspection methods.
Based on the risks identified, the Secretary would develop a
program to manage those risks to improve safety by reducing the
numbers and rates of accidents, injuries, and fatalities. The
pilot program would be voluntary and those choosing to
participate would submit applications to the Secretary. Six
months after the completion of the project, the Secretary would
be required to submit a report to Congress evaluating the pilot
program. The bill would authorize funds for a grant program for
railroads and railroad facilities selected by the Secretary to
implement the program.
Based on the evaluation and best practices gleaned from the
pilot program, the Secretary would be required to develop
regulations requiring each Class I railroad; railroad that the
Secretary determines has inadequate safety performance; and
railroad that provides intercity passenger or commuter rail
passenger transportation to develop its own railroad safety
risk reduction program. Similar to the risk reduction pilot
program, railroads covered by these regulations would be
required to perform system-wide safety analyses and develop an
individualized program to address identified risks. If the
identified risks could be reduced through the implementation of
fatigue management methods or improved safety technology, the
program would have to include a fatigue management plan and a
technology implementation plan. If a PTC system is identified
as an appropriate technology under the technology
implementation plan, then a railroad would have to include a
schedule for implementation of the PTC system by a date not
later than December 31, 2018.
HOURS OF SERVICE REFORM
To further reduce incidents of fatigue-related accidents,
injuries, and fatalities, the bill would change the current HOS
laws to reduce the number of hours that employees may work and
increase the amount of rest and off-duty time provided to
employees. Most notably, the bill increases the amount of rest
required for train and signal employees to 10 hours within a
24-hour period and institutes a new monthly cap that limits the
amount of time that train employees may be on duty and the
amount of time waiting for transportation to a place of final
release from work (``deadhead transportation'') at the end of
the 12 hour maximum on-duty period, known as ``limbo time,'' to
276 hours per month. The bill would also cap the total number
of hours that an employee could spend on-duty and waiting for
deadhead transportation on a train at 15 hours, unless that
train was delayed by an accident, a major equipment failure, or
a delay resulting from a cause unknown and unforeseeable to a
railroad carrier. Additionally, the bill would, for the first
time, mandate rest days for train employees following long
periods of consecutive days on-duty. The bill would require
that such employees who work six days consecutively receive two
consecutive days off at a home terminal, or alternatively,
require that train employees who work seven days consecutively
receive three consecutive days off at a home terminal, if such
an arrangement is allowed under an existing collective
bargaining agreement. The bill also would prohibit railroads
from communicating with their employees during their 10 hours
of time off-duty in a manner that could reasonably be expected
to disrupt their rest, with the exception of notifying an
employee of an emergency situation.
The changes in the bill are intended to provide significant
flexibility for railroads and labor organizations, consistent
with improving railroad safety. The Committee recognizes that
scheduling practices included in current or future collective
bargaining agreements may provide for levels of safety beyond
what is achieved through simple compliance with the existing
HOS statute. Additionally, the Committee is sensitive to the
impacts on efficient railroad operations and the earning
potential for employees that any changes to the existing system
may cause. The bill is structured to provide sufficient
flexibility by providing several safe alternate scenarios for
compliance.
HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND TRESPASSER
PREVENTION
The bill would target gaps in the area of highway-rail grade
crossing safety and enforcement to help the FRA and States to
better combat highway-rail grade crossing, pedestrian, and
trespasser accidents, injuries, and fatalities. It also would
require railroads and States to update information about
warning devices and signage at highway-rail grade crossings in
the National Crossing Inventory. The bill also would require
the Secretary to identify on an annual basis the States
receiving funds for Federal highway-rail grade crossing
projects that had the most highway-rail grade crossing
collisions in the previous year. As a condition of receiving
future funds, each of the States identified by the Secretary
would be required to develop a State Grade Crossing Action Plan
that identifies solutions for improving safety at grade
crossings.
The bill also would require the Secretary to issue guidance
to railroads on strategies and methods to prevent pedestrian
accidents; prescribe regulations to require railroads to
improve sight distance at highway-rail grade crossings; develop
regulations to require railroads to establish and maintain a
telephone number to be posted at each highway-rail grade
crossing for the public to report problems at highway-rail
grade crossings; and to prevent trespassing.
The Committee notes that a significant proportion of the
total highway-rail grade crossing accidents occur in the States
with the 10 highest levels of such accidents, largely due to
the high number of crossings, density of train traffic, and
number or route miles within such States. Therefore, the
Committee believes focusing efforts on reducing accidents in
these States will have a significant impact on the national
total.
FEDERAL RAILROAD ADMINISTRATION
S. 1889 includes a number of provisions to improve upon and
strengthen the FRA's railroad safety program. To emphasize the
importance of railroad safety, the bill would establish safety
as the FRA's highest priority and designate the Associate
Administrator for Railroad Safety as the Chief Safety Officer.
To ensure that the FRA has the necessary expertise to implement
the provisions of this bill and generally increase the agency's
safety regulatory capabilities, the bill would require the FRA
to hire 200 additional employees by FY 2013, with a focus on
hiring employees who are specifically trained in areas
determined to be critical to enhancing railroad safety. The
bill also would further enhance the FRA's enforcement program
by increasing the maximum civil penalty to $25,000 and the
maximum civil penalty for a grossly negligent violation or a
pattern of repeated violations that has caused an imminent
hazard of death or injury to individuals, or has caused death
or injury to $100,000. Additionally, the bill would grant the
FRA the authority to prohibit individuals from performing
safety-sensitive functions if they are found to have committed
a violation of hazardous materials transportation law and would
enhance the FRA's railroad radio monitoring authority for the
purpose of accident prevention and accident investigation.
Finally, the bill would provide certain Federal railroad
security officers with access to law-enforcement information
for the purpose of carrying out the civil and administrative
responsibilities of the FRA Administrator.
In response to lessons learned from recent natural disasters,
including Hurricanes Katrina and Rita in 2005, S. 1889 would
create a new emergency waiver process to assist railroads in
quickly recovering after an emergency situation. The bill would
grant the FRA the authority to issue to a requesting railroad
an emergency waiver to Federal railroad safety regulations,
without a public comment period, for a duration not exceeding
nine months if the waiver is directly related to an emergency
event or necessary to aid in a recovery effort related to such
an event and if the granting of such a waiver is in the public
interest and consistent with railroad safety. The FRA would be
required to provide notice and an opportunity for a hearing
subsequent to granting a waiver.
This bill also would improve transparency of the FRA's
enforcement program by requiring the FRA to publish an annual
report on enforcement actions that it has taken in the prior
year, including the number of inspections it conducted; the
amount of penalties assessed against railroads, hazardous
materials shippers, and individuals; the amount of those
penalties that were reduced; and a listing of compliance
orders, emergency orders, and precursor agreements. The FRA
also would be required to analyze the effect of its enforcement
actions on the number and rates of reported accidents and
incidents. The FRA also would be required to update its public
website to include a mechanism for the public to report
potential railroad safety and hazardous materials
transportation violations.
In establishing safety as the FRA's highest priority, the
Committee does not intend to diminish the railroad development
and other related work that does not directly impact railroad
safety that is carried out by the agency. Instead, the
Committee expects the FRA to continue, and in fact expand,
those efforts as evidenced by a significant increase in the
FRA's role in intercity passenger railroad development
envisioned in S. 294, the Passenger Rail Investment and
Improvement Act of 2007, which was reported by the Committee on
April 25, 2007, and approved by the Senate on October 30, 2007.
RAILROAD SAFETY ENHANCEMENTS
Despite the generally safe nature of railroad operations,
there are still areas that need significant improvement. To
better ensure that all railroad carrier and railroad carrier
contractor and subcontractor employees are fully trained to
safely conduct their job functions, the bill would require the
Secretary to issue regulations requiring railroad carriers and
railroad carrier contractors and subcontractors to develop
training plans for crafts and classes of employees. Employees
would be required, at a minimum, to be trained on the
requirements of Federal railroad safety laws, regulations, and
orders and to be tested on their proficiency in the subject
matter of the training. The railroad carriers and railroad
carrier contractors and subcontractors would be required to
submit the plans to the FRA for review and approval. The
Secretary would have the authority to exempt railroad carriers
or railroad carrier contractors and subcontractors from
submitting training plans if the Secretary has issued training
regulations prior to the bill's enactment.
S. 1889 also would authorize a series of studies and reports
to further investigate railroad safety matters. One study would
require the Secretary to determine whether the intervals of
track inspections for each class of track should be amended,
track remedial action requirements should be amended, and
different track inspection and repair priorities or methods
should be required. The Secretary would be required to issue
and implement recommendations for changes to the Federal track
safety standards based on the results of the study. Another
study would evaluate the safest, most efficient, and cost-
effective way to improve the safety of railroad passenger
station platform gaps in order to increase compliance with the
Americans with Disabilities Act (ADA) \3\ and its implementing
regulations and to minimize the safety risks associated with
such gaps for railroad passengers and employees. An additional
study would require the Secretary to review the use of personal
electronic devices, including cell phones, video games, and
other distracting devices by safety related employees during
the performance of such employees' duties and would grant the
Secretary the authority to issue regulations to prohibit the
use of such devices or to otherwise improve the safety of the
locomotive cab environment after the report has been issued.
The Secretary also would be required to complete a report to
examine whether certification of certain crafts or classes of
employees is necessary to reduce the number and rates of
accidents and incidents or to improve railroad safety, and the
bill would authorize the Secretary to issue regulations
requiring certification of certain crafts or classes of
employees based on the findings in the report.
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\3\ Public Law 101-336
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Recognizing that many of the provisions of S. 1889 could lead
to the need for significant new safety investments by railroads
carriers and that the Federal government and the nation has an
interest in seeing such investments made promptly, the bill
would authorize two grant programs for railroads, railroad
suppliers, and State and local governments to improve railroad
safety. The first program would authorize grants for the
deployment of train control technologies, ECP 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. Grants would be
available for projects that benefit the public by improving
safety and railroad network efficiency, with priority given to
projects that focus on deploying train control technologies
within high-risk corridors, increasing technology
interoperability, or benefitting both passenger and freight
railroad operations. The bill would authorize $20,000,000 for
each of FY 2008 through FY 2013. The second grant program
contained in the bill would authorize grants for safety
improvements to railroad infrastructure and facilities,
including track, bridges, tunnels, yards, buildings, passenger
stations, facilities, and maintenance and repair shops. In
awarding grants, the Secretary would be required to consider
the age and condition of the rail infrastructure of the
applicant, the railroad's safety record, the volume of
hazardous materials transported by the railroad, the operation
of passenger trains over the railroad, and whether the railroad
has submitted a railroad safety risk reduction program. The
bill would authorize $15,000,000 for FY 2008 through FY 2013.
Because many new rail safety technologies are already in
various stages of development and deployment, the bill would
require the Secretary to issue standards, guidance, regulations
or orders governing the development, use, and implementation of
new rail safety technology in un-signaled, or ``dark''
territory. Such new technology, including switch position
monitoring devices and remote control switches could
significantly enhance the safety of train operations on un-
signalized routes at costs significantly lower than the cost of
full centralized traffic control (CTC) signalization.
RAIL PASSENGER DISASTER FAMILY ASSISTANCE
The bill would establish a process for the NTSB to provide
assistance to families affected by rail passenger train
disasters similar to the process now employed by the NTSB for
providing assistance to families of aviation passenger disaster
victims. The bill would require the Chairman of the NTSB to
designate and publicize the name and phone number of a director
of family support services and an independent non-profit
organization to coordinate and provide services to families of
passengers involved in railroad accidents. It would define the
responsibilities of the NTSB and the designated non-profit
organization in post-rail accident situations.
It also would require rail passenger carriers, not later than
six months after the date of enactment of this Act, to submit
to the Chairman of the NTSB, the Secretary, and the Secretary
of the Department of Homeland Security, a plan for addressing
the needs of families of passengers involved in any rail
passenger accident involving an Amtrak intercity train and
resulting in loss of life. It would authorize $500,000 for FY
2008 for the Secretary to carry out this new section.
The Secretary, in cooperation with the NTSB, also would be
required to create a task force, which includes rail passenger
carriers and families who have been involved in rail accidents,
to develop a model plan and recommendations on how passenger
railroad carriers can provide assistance and notification to
families of those passengers involved in railroad accidents.
CLARIFICATION OF JURISDICTION OVER SOLID WASTE FACILITIES
The bill would make changes to the Solid Waste Disposal Act
and the jurisdiction of the Surface Transportation Board to
clarify what environmental, health, and safety laws,
regulations, and orders are applicable to railroad carriers
that also process or store solid waste. The changes would
require solid waste rail transfer facilities, within one year,
to submit a completed application for permits from State and
local jurisdictions in order continue to operate. The Committee
approved this provision with the basic understanding that State
and local governments are best equipped to regulate such
facilities and that these facilities should generally be
treated in a similar manner to other solid waste transfer
facilities that are not associated with rail transportation.
The Committee continues to work to refine this provision.
Legislative History
S. 1889 was introduced on July 26, 2007, by Senator
Lautenberg and co-sponsored by Senators Smith, Clinton,
Schumer, and Kerry and was referred to the Senate Committee on
Commerce, Science, and Transportation. A hearing on safety
issues facing the railroad industry and a hearing on RSEA were
held by the Commerce Committee's Subcommittee on Surface
Transportation and Merchant Marine Infrastructure, Safety, and
Security on May 22, 2007, and July 26, 2007, respectively. On
September 27, 2007, the Committee met in open executive session
and, by voice vote, ordered S. 1889 reported favorably, as
amended, with an amendment in the nature of a substitute.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
November 30, 2007.
Hon. Daniel K. Inouye,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1889, the Railroad
Safety Enhancement Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Peter R. Orszag
Enclosure.
S. 1889--Railroad Safety Enhancement Act of 2007
Summary: CBO estimates that S. 1889 would authorize the
appropriation of about $1.9 billion over the 2008-2012 period.
Those amounts include funds for:
Operating the Federal Railroad Administration
(FRA);
Building a rail facility in Pueblo, Colorado;
Providing grants to increase safety throughout the
rail system; and
Implementing National Transportation Safety Board
(NTSB) programs to assist the families of passengers who are in
rail accidents.
Assuming appropriation of the amounts authorized and
estimated to be necessary, CBO estimates that implementing the
bill would cost about $1.3 billion over the 2008-2012 period
and about $600 million after 2012.
CBO estimates that additional penalties of $60 million over
the 2008-2017 period would be collected under the bill. Penalty
collections are classified as revenues in the budget. Enacting
S. 1889 could increase direct spending, but CBO estimates that
any increase in direct spending would be insignificant.
S. 1889 contains several intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA). The bill would require railroads to limit the number of
hours worked by employees, certify and train employees, carry
out safety procedures, and report certain information. It also
would preempt certain state laws. The total cost to comply with
those mandates is uncertain and would depend in part on
regulations that have not yet been established. Due to the
small number of public entities involved, however, CBO
estimates that compliance costs for those entities would not
exceed the annual threshold established in UMRA for
intergovernmental mandates ($66 million in 2007, adjusted
annually for inflation). Depending on future regulations, the
cost to comply with some of the safety requirements could be
substantial for private entities. However, because the cost for
private entities to comply with those requirements is
uncertain, CBO has no basis for determining whether the
aggregate costs of mandates in the bill would exceed the annual
threshold established in UMRA for private-sector mandates ($131
million in 2007, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1889 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
Basis of estimate: For this estimate, CBO assumes that S.
1889 will be enacted near the start of calendar year 2008, that
the authorized and necessary amounts will be appropriated each
year, and that outlays will follow the historical rate of
spending for similar programs.
Spending Subject to Appropriation
S. 1889 would reauthorize the programs of FRA through 2013.
The current authorization for FRA expired at the end of fiscal
year 1998 (although the agency has received appropriations in
the intervening years). The legislation would specifically
authorize the appropriation of about $1.9 billion over the next
six years for FRA programs, including grants to improve the
safety of rail operations. Of that total, DOT could use up to
$271 million for research and development. In addition, title 5
would require the NTSB to provide assistance to the families of
passengers involved in rail accidents that result in a loss of
life. CBO estimates that provision would cost $1 million
annually.
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By fiscal year, in millions of
dollars--
--------------------------------------
2008 2009 2010 2011 2012
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION \a\
Federal Rail Administration
Programs:
Authorization Level......... 245 260 270 280 290
Estimated Outlays........... 172 219 253 275 285
Pueblo, Colorado, Facility:
Authorization Level......... 18 0 0 0 0
Estimated Outlays........... 11 4 2 1 0
Grants for Programs to Increase
Rail Safety:
Authorization Level......... 37 38 38 37 37
Estimated Outlays........... 5 17 28 34 36
NTSB Assistance after Rail
Accidents:
Estimated Authorization 1 1 1 1 1
Level......................
Estimated Outlays........... 1 1 1 1 1
Total Spending Under S. 1889:
Estimated Authorization 301 299 309 318 328
Level......................
Estimated Outlays........... 189 241 284 310 322
CHANGES IN REVENUES \b\
Estimated Revenues.............. 6 6 6 6 6
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\a\. For 2008, a full-year appropriation has not yet been provided to
the Department of Transportation; 2007 appropriations for programs
that would be authorized by S. 1889 totaled about $200 million.
\b\. CBO estimates that additional revenues of $6 million would be
collected each year over the 2013-2017 period.
Federal Rail Administration (FRA)--The bill would require
railroad operators to comply with new safety requirements in
the bill and would require FRA to establish a chief safety
officer. Under the provisions of the bill, FRA would:
Administer new safety grants;
Establish pilot programs to evaluate and manage
risks to safety on railroads and reduce fatigue of rail
employees;
Hire new employees;
Issue studies and reports with respect to rail
safety;
Review and approve plans submitted by railroad
operators;
Create model legislation for states regarding the
safety of grade crossings and the prevention of vandalism to
railroad safety measures; and
Establish and enforce regulations regarding the
safety and certification requirements in the bill.
The bill would authorize the appropriation of about $1.6
billion over the 2008-2012 period, and $337 million in 2013 for
support of those programs. CBO estimates that implementing
those provisions would cost $1.3 billion over the 2008-2012
period, and about $600 million thereafter.
Authorization for Facility in Pueblo, Colorado.--The bill
would authorize the appropriation of $18 million to design,
develop, and construct the Facility for Underground Rail
Station and Tunnel Testing and Training at the Transportation
Technology Center in Pueblo, Colorado. Assuming appropriation
of the authorized amount, CBO estimates that implementing this
provision would cost $11 million in 2008 and $18 million over
the 2008-2012 period.
Grants for Programs to Increase Rail Safety.--S. 1889 would
direct FRA to administer three new grant programs. Assuming
appropriation of the specified amounts, CBO estimates that
grants would cost $120 million over the 2008-2012 period and
$104 million thereafter. The grants would support the increased
use of technologies and the construction, improvement, and
rehabilitation of infrastructure to increase rail safety. The
grants also would support Operation Lifesaver--a nonprofit
organization with the mission to end accidents at grade
crossings.
Grants for the Deployment of Railroad Safety Technology.--
Section 406 would authorize the appropriation of funds to
support the deployment of several technologies intended to
increase the safety of rail operations. The bill would
authorize the appropriation of $20 million annually over the
2008-2013 period for such grants.
Grants for Operation Lifesaver.--Section 206 would direct
FRA to make additional grants to Operation Lifesaver--a
nonprofit organization with the mission to end accidents at
places where roadways cross train tracks and on railroad
rights-of-way. Under the current authorization for highway
programs (Public Law 109-59), Operation Lifesaver receives
$560,000 a year of contract authority (budget authority that is
subject to annual obligation limitations) through fiscal year
2009. The bill would specifically authorize the appropriation
of an additional $2 million annually over the 2008-2010 period
and $1.5 million annually over the 2011-2013 period for
Operation Lifesaver.
NTSB Assistance After Rail Accidents.--Title 5 would
require the NTSB to provide assistance to the families of
passengers who are in rail accidents on Amtrak that result in a
major loss of life. The bill also would require DOT to
establish a task force that would recommend ways to improve
family assistance and to more accurately determine the number
of passengers on board a train involved in an accident. Based
on information from the NTSB and assuming appropriation of the
necessary amounts, CBO estimates that implementing this
provision would cost $1 million a year.
Direct Spending and Revenues
S. 1889 would establish new civil penalties on railroads
that fail to comply with reporting requirements regarding grade
crossings and increase penalties for general violations of
safety laws addressed by the bill. Collections of civil fines
are recorded as revenues and deposited in the Treasury. The
bill would increase the maximum penalty for violations of the
law from $10,000 to 25,000 and would raise the maximum penalty
for violations that are grossly negligent or that represent a
repeating pattern of offenses from $20,000 to $100,000.
According to FRA, under current law, such civil fines generate
about $15 million in revenues annually. CBO expects that an
increase in the fines would decrease the number of violations,
but we expect that the increased penalties would generate
additional revenues of $6 million a year.
Intergovernmental and private-sector impact: S. 1889
contains several intergovernmental and private-sector mandates
as defined in UMRA because it would require railroads to comply
with new safety standards and procedures. It also would preempt
certain state laws. The total cost to comply with those
mandates is uncertain and would depend, in part, on regulations
that have not yet been established. Due to the small number of
public entities involved, however, CBO estimates that the
aggregate costs for those entities to comply with the bill's
mandates would not exceed the annual threshold established in
UMRA for intergovernmental mandates ($66 million in 2007,
adjusted annually for inflation). Depending on future
regulations, the cost to comply with some of the safety
requirements could be substantial for private entities.
However, because the cost for private entities to comply with
those requirements is uncertain, CBO has no basis for
determining whether the aggregate costs of mandates in the bill
would exceed the annual threshold established in UMRA for
private-sector mandates ($131 million in 2007, adjusted
annually for inflation).
Other provisions of the bill would authorize grants for
which state, local, and private-sector entities would be
eligible. Any costs those entities might incur would result
from participation in grant programs and would be incurred
voluntarily.
Mandates that Affect Both the Public and Private Sector
By requiring railroads to carry out safety procedures,
limit the number of hours worked by employees, report certain
information, and certify and train employees, and by preempting
certain state laws, S. 1889 would impose both intergovernmental
and private-sector mandates as defined in UMRA.
Mandates with Uncertain Costs. CBO cannot estimate the
total costs of several mandates in the bill because we do not
have sufficient information about how railroads would choose to
adjust their employees' schedules to comply with the
restrictions, and because costs would depend upon future
actions of the Secretary of Transportation. Those mandates
would:
Require railroads to submit plans to address
technology improvements, railroad worker fatigue, and
infrastructure safety;
Increase restrictions on the number of hours that
signalmen and train crews are allowed to work over certain time
periods;
Require that railroads report information on the
status of grade crossings;
Require railroads to certify train conductors and
carmen, establishing minimum training standards for each craft
of railroad employees as well as track and railroad equipment
inspectors;
Increase restrictions on the use of personal
electronic devices by certain railroad employees;
Require freight railroads, and any other railroads
deemed appropriate, to submit plans to address the needs of
employees that are involved in accidents; and
Require railroads to use rail safety technology in
certain areas.
Mandates with Minimal Costs. The bill would require
railroads to carry out procedures to prevent accidents and to
enhance recovery efforts. It also would establish new
protections for railroad employees. Those mandates would impose
minimal additional costs on railroads because compliance likely
would involve only a small adjustment in current procedures, or
because railroads or individuals would be unlikely to engage in
the prohibited activities. Additionally, the bill would
establish a grant program for state and local governments and
the private sector to address some of these requirements.
Mandates That Affect Only the Public Sector
The bill would preempt state laws that require railroads to
use certain technology at highway-rail crossings. It also would
preempt state laws that require operators of solid waste
facilities to secure a permit before operating such facilities.
The bill also would give the Administrator of the FRA the right
to (1) access criminal justice data maintained by the states,
(2) use state or local radio, data links, or warning systems
that provide public safety information, and (3) receive
communications from state or local police officers.
CBO estimates that the additional costs to state, local,
and tribal governments of complying with the preemptions and
the other mandates in the bill would be small.
Mandates That Affect Only the Private Sector
The bill would impose additional mandates that affect only
private rail carriers. If rail carriers provide sleeping
quarters for their employees, those quarters must be equipped
with toilet facilities, potable water, and other features that
would protect the health of their employees. According to
industry sources, most sleeping quarters are already equipped
with similar features. Because compliance with this mandate
would involve only a small adjustment in current procedures,
CBO estimates the cost to those entities would be small
relative to the annual threshold.
The bill also would require the Secretary of Transportation
to regulate the use of camp cars by railroads, which may
include the prohibition of camp cars. Camp cars are mostly used
by railroad carriers operating in remote areas where sleeping
accommodations are not readily available. Given that few
railroad carriers use camp cars as sleeping quarters, CBO
estimates that the cost to comply with this mandate also would
likely be small.
Other Impacts: Grants
The bill would establish a grant program for passenger and
freight railroad carriers and state and local governments to
install train controls, switch-position indicators, and other
component technologies. Any costs those entities might incur
would result from complying with conditions of federal
assistance.
Previous CBO Estimate: On July 3, 2007, CBO transmitted a
cost estimate for H.R. 2095, the Federal Railroad Safety
Improvement Act of 2007, as ordered reported by the House
Committee on Transportation and Infrastructure. That bill would
authorize appropriations over the 2008-2011 period for FRA
operations and would reorganize that agency, changing its name
to the Federal Rail Safety Administration. The differences in
CBO's estimates reflect differences between the two bills.
Estimate prepared by: Federal Spending: Sarah Puro; Federal
Revenues: Zachary Epstein; Impact on State, Local, and Tribal
Governments: Elizabeth Cove; Impact on the Private Sector:
Jacob Kuipers.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1889 is intended to reauthorize the FRA, require railroads
to make changes to improve railroad safety, authorize
appropriations for FRA programs, research and development, and
grants for 6 years. The bill affects the DOT, the FRA, and
other entities already subject to DOT and FRA rules and
regulations, and, therefore, the number of persons covered
should be relatively consistent with the current levels of
individuals impacted under existing laws and regulations.
ECONOMIC IMPACT
S. 1889 is not expected to have an adverse impact on the U.S.
economy. While certain provisions would require new or
additional safety expenditures by railroad carriers and may
reduce the number of hours that individual railroad employees
may work, in total, it is anticipated that much of these costs
will be offset by positive public and private economic benefits
stemming from decreased rail-related accidents, injuries, and
fatalities, and increased productivity. For further analysis of
the economic impact on the private sector, see page ---- of the
CBO estimate.
PRIVACY
S. 1889 would have minimal to no effect on the privacy
rights of individuals.
PAPERWORK
The Committee anticipates an increase in paperwork burden
requirements for private individuals or businesses. In those
areas where the bill does require additional paperwork, it is
aimed at collecting information from the industry to assist in
further identifying safety problems.
Sections 103 and 104 would require certain railroads to
develop railroad safety risk reduction programs. The programs
would have to be submitted to the FRA for review and approval
and, once approved, would be required to be implemented by the
covered railroad. The bill also would make grants available to
develop and implement such programs as part of a pilot project
and participants would be required to submit relevant paperwork
to request such a grant.
Section 106 would require railroads to report instances when
an employee exceeded the permissible HOS law, which would
include different requirements than those under the HOS laws in
place prior to enactment of the bill. Railroads are already
required to report hours in excess of the requirements so the
additional reporting requirements would be minimal.
Under section 202, certain States identified by the DOT would
be required to submit grade crossing action plans to the DOT
and to revise any deficiencies in those plans.
Section 204 would require railroads and States to report
information about grade crossings to the DOT National Grade
Crossing Inventory to identify protections provided at highway-
rail grade crossings. Many of these entities already report
information to the Inventory on a voluntary basis. The updated
information would assist the DOT in better addressing grade
crossing issues.
Section 401 would require that the Secretary issue
regulations to require railroad carriers and railroad carrier
contractors and subcontractors to develop and submit training
plans for certain crafts and classes of employees.
Section 412 would require any group of commonly controlled
railroad carriers that want to be treated as a single carrier
for the purposes of one or more provisions of subtitle V, part
A of title 49, United States Code, to send a petition to the
Secretary requesting such treatment. Initially, this would be a
minimal burden on a group of railroad carriers to provide
documents regarding their operations and corporate structure;
however, in the long term, the provision could significantly
reduce paperwork burdens under various other statutes and
regulations.
Section 415 would require that the Secretary mandate that
certain railroad carriers develop a critical incident stress
plan. Some railroads have similar, although informal, plans
currently in place. Updating such plans should be of minimal
consequence.
Section 602 would require solid waste rail transfer
facilities to submit applications for proper permits to operate
the facility.
Section-by-Section Analysis
Section 1. Short title; Table of Contents; Amendment of Title 49.
The short title would be the ``Railroad Safety Enhancement
Act of 2007.'' This section would provide a table of contents
and would state that an amendment or repeal made by this Act is
to title 49, United States Code, unless expressly stated
otherwise.
Section 2. Definitions.
This section would provide definitions for certain terms for
the purpose of this Act. Included in these definitions would be
a slightly narrower definition of the term ``crossing'' than
exists in other statutes. This definition of ``crossing'' would
not supersede definitions of crossing in existing statutes, and
would only apply to this term as it is used in this Act.
Additionally, this section would provide a definition of
``safety-related'' employees that would cover the traditional
``frontline'' employees of a railroad whose jobs are clearly
related to railroad safety and who either directly impact, or
are directly impacted by, railroad operations. This definition
may also include other employees that are not typically
considered ``frontline'' employees if the Secretary determines
that such employees directly affect railroad safety.
Section 3. Authorization of Appropriations.
This section would authorize appropriations for existing FRA
rail safety programs and responsibilities; new programs and
responsibilities required under this Act; rail safety-related
research and development; the purchasing of track inspection
vehicles or other comparable track inspection technologies; the
construction of a railroad station and tunnel testing and
training facility at the TTCI facility in Pueblo, Colorado; and
the salaries and benefits of existing FRA employees and the
hiring of new rail safety and security personnel.
The Committee expects that the authorization of funding for
the station and tunnel facility at TTCI would significantly
expand the training and research value of the facility for
passenger and commuter rail safety and security. This
enhancement of this facility would complement the recent
addition of TTCI to the National Domestic Preparedness
Consortium in the Implementing Recommendations of the 9/11
Commission Act of 2007. The Committee also notes that in
authorizing the purchase of gage restraint measurement system
and track geometry vehicles that these technologies may be
overtaken by advancements in track safety technologies or may
otherwise no longer be needed or appropriate. Because of this,
the bill would allow the Secretary to purchase ``other
comparable technology'' if another technology would be more
appropriate in helping the FRA improve track safety. The
Committee expects that the Secretary would use, in part, the
results of the study required under section 403 to help
determine what technologies would be most appropriate to
purchase under this authorization.
TITLE I. RAILROAD RISK REDUCTION AND STRATEGY
Section 101. Establishment of Chief Safety Officer.
This section would amend section 103 of title 49, United
States Code, to include a provision that establishes safety as
the FRA's highest priority. It would also designate the
Associate Administrator for Railroad Safety as the Chief Safety
Officer.
Section 102. Railroad Safety Strategy.
This section would require the Secretary to develop and
submit, together with the President's annual budget submission,
a long-term strategy and annual plan for improving railroad
safety. The strategy would identify ways to:
Reduce the number and rates of accidents,
injuries, and fatalities involving railroads including
train collisions, train derailments, and human factors-
related accidents;
Improve the consistency and effectiveness of
the DOT's enforcement and compliance programs;
Improve the identification of high-risk
highway-rail grade crossings, strengthen enforcement,
and make other safety improvements to increase grade
crossing safety;
Improve research efforts to enhance and
promote railroad safety and performance;
Prevent railroad trespasser accidents,
injuries, and fatalities; and
Improve 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.
The strategy and plan would be required to include estimates
of funds and resources, including staff skills and training
required, to accomplish each goal set. The Secretary would be
required, annually, to assess and report to Congress the
Administration's progress toward meeting the strategic goals
set.
Section 103. Railroad Safety Risk Reduction Pilot Program.
This section would require that the Secretary develop a four-
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 and injuries. In developing the railroad safety risk
reduction pilot program, the Secretary would select railroads
or railroad facilities to participate in the program through a
voluntary application process. The Secretary would select the
railroads or railroad facilities to participate based on a
number of criteria and should, to the extent possible, try to
select a range of railroads or facilities that represents the
various types and sizes of railroads within the U.S. industry,
including shortlines. The Committee is providing latitude to
the Secretary to determine exactly what appropriately
constitutes a ``railroad facility'' under this provision but
intends this term to mean a major terminal or route; region,
division, or subdivision; repair facility; or other substantial
railroad facility of sufficient size to provide meaningful data
about the risk reduction program process.
After selecting the participating railroads or railroad
facilities, the Secretary would then, in coordination with
selected railroads, railroad facilities, and the nonprofit
employee labor organizations that represent safety-related
railroad employees employed at such railroad or railroad
facility, at a minimum:
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;
Evaluate how these aspects of a selected
railroad or railroad facility increase or decrease
risks to railroad safety.
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
and injuries through the mitigation of the aspects of a
selected railroad or railroad facility that increase
risks to railroad safety and through the enhancement of
aspects of a selected railroad or railroad facility
that decrease risks to railroad safety; and
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.
The selected railroad or railroad facility would be required
to implement the comprehensive safety risk reduction program
developed and ensure that all employees at the selected
railroad or railroad facility have received training on the
program. The Secretary would be required to evaluate the pilot
project and submit a report to relevant Congressional
Committees on the results. Additionally, the Secretary would be
required to establish a grant program to encourage
participation in the pilot program, particularly participation
by smaller railroad carriers that might not have the financial
means to otherwise participate in such a program. This section
would authorize $1 million annually for FY 2009 and FY 2010 for
the purpose of making such grants and otherwise carrying out
this section. If no funds were to be appropriated pursuant to
the authorization within this section, the Committee would
expect the FRA to fund this pilot program through the
authorized amounts under section 3 of the Act and make grants
for the purposes of this section using such amounts.
Section 104. Railroad Safety Risk Reduction Program.
Using the knowledge and experience gained under the pilot
program required under section 103 of the Act, this section
would direct the Secretary to issue regulations requiring
certain railroads to develop and implement railroad safety risk
reduction plans no later than 5 years after enactment of the
Act. Each Class I railroad, each railroad that the Secretary
determines has inadequate safety performance, and each railroad
that provides intercity passenger or commuter rail passenger
transportation would be required to develop and implement a
railroad safety risk reduction program that systematically
evaluates railroad safety risks and manages those risks in
order to reduce the numbers and rates of railroad accidents and
injuries. Each covered railroad would be required to conduct a
system-wide risk analysis covering all safety-critical railroad
operations and develop a program to mitigate aspects that
increase identified risks and enhance aspects that decrease
identified risks. Each program would be required to be
submitted to and approved by the FRA. The chief official
responsible for safety of each railroad required to submit a
program would be required to certify that the contents of the
program are correct and that the railroad will fully implement
the program. The Secretary would have the authority to waive
compliance with all or part of this section, as appropriate.
Railroads not subject to this section would also be permitted
to voluntarily comply with this section.
Each program would be required to contain a technology
implementation plan that describes the railroad's ten-year plan
for 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.
The plan would analyze the safety impact, feasibility, and
costs and benefits of implementing technologies that could
mitigate risks to railroad safety identified in the risk
analysis required under this section and would contain a
prioritized implementation schedule for the development,
adoption, implementation, and use of current, new, or novel
technologies on its system to reduce identified safety risks.
Each program for which fatigue has been shown to be a
significant source of risk also would be required to contain a
fatigue management plan designed to reduce the fatigue
experienced by railroad employees engaged in safety-sensitive
service and to reduce the likelihood of accidents and injuries
caused by fatigue. Each fatigue management plan would be
required to take into account the varying circumstances of
operations by the railroad carrier on different parts of its
system and prescribe appropriate fatigue countermeasures to
address those varying circumstances.
In developing its program, each railroad carrier would be
required to consult with, employ good faith, and use its best
efforts to reach agreement by consensus with all of its
directly affected employee groups on the contents of the safety
risk reduction program. If consensus cannot be reached, labor
organizations representing employees affected may file a
statement with the Secretary explaining their views on the plan
on which consensus was not reached. The Committee expects the
Secretary to consider opposing views filed with the Secretary
under this provision when deciding whether to approve a plan or
to impose conditions when approving a plan.
The Secretary would have the authority to assess civil
penalties pursuant to chapter 213 of title 49, United States
Code, for a violation of this section, including but not
limited to failure to submit, certify, or comply with a safety
risk reduction program, technology implementation plan, or
fatigue management plan.
The Committee intends for the Secretary to use the waiver
process under section 20103 of title 49, United State Code,
when considering requests by a railroad to waive compliance
with all or part of this section or regulations developed
pursuant to this section. The Committee explicitly included
this waiver authority because it could contemplate various
instances when compliance with all or part of this section
would be not necessary to achieve the aims of improving rail
safety or such compliance could needlessly disrupt existing
successful risk reduction strategies or programs employed by
railroads.
Section 105. Positive Train Control System Implementation.
This section would require that the Secretary ensure that
each railroad required to submit a railroad safety risk
reduction program under section 104 that includes in its
technology implementation plan a schedule for implementation of
a PTC system complies with that schedule and implements its PTC
system no later than December 31, 2018.
Section 106. Hours of Service Reform.
This section would modify, one year after the date of
enactment of the Act, the current HOS limits for train and
signal employees and provide the Secretary rule-making
authority over HOS. Under this section, monthly hours for train
employees would be capped at 276 hours. This 276-hour cap would
include both time on duty and time spent waiting for
transportation, or in deadhead transportation, to a point of
final release, known as ``limbo time.'' Train employees would
not be permitted to remain on duty for more than 12 consecutive
hours, or remain or go on duty unless the employee has had 10
consecutive hours off-duty in the prior 24 hours. A train
employee who initiates an on-duty period for 6 consecutive days
would need to be given 48 consecutive hours of rest at the
employee's home terminal before returning to work; a train
employee who initiates an on-duty period for 7 consecutive
days, if permitted by a collective bargaining agreement, would
need to be given 72 consecutive hours of rest at the employee's
home terminal before returning to work. The Secretary would be
permitted to waive these requirements for consecutive days off,
consistent with the procedural requirements of section 20103,
if a collective bargaining agreement provided a different
arrangement and such an arrangement would be in the public
interest and consistent with railroad safety. This section
would further require the railroad to provide train employees,
at the employees' election, with additional time off duty equal
to the time an employee spends in limbo time beyond 12
consecutive hours.
This section would also limit the time an employee may be
made to wait in ``limbo'' for deadhead transportation on a
train to 3 hours after the employee worked the maximum number
of hours on duty within a 24-hour period. Exceptions to this
limitation would be provided if the train was directly delayed
by a casualty, an accident, an act of God, a derailment, a
major equipment failure that prevents the train from advancing,
or 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. A ``major equipment
failure'' is intended to address significant situations such as
a broken brake pipe that are not quickly or easily repaired
rather than something that could reasonably be repaired by the
train crew or other railroad personnel such as broken coupler
knuckle or faulty air hose.
Additionally, this section would prohibit railroads from
communicating with train employees during rest hours, unless
necessary to notify an employee of an emergency situation, as
defined by the Secretary. This prohibition is not intended to
change current railroad practices provided for by statute,
implementing regulations, or case law that has interpreted what
constitutes a disruption of an off-duty period. The term
``emergency situation'' is intended to include situations that
would pose a risk to the employee's health, safety, or
security. It would also encompass situations when the employee
would need to be notified about a situation involving the
health, safety, or security of the employee's family. It would
include situations where the railroad may need to contact the
employee about an emergency situation on the railroad about
which the employee would have exclusive knowledge, as well. For
example, the railroad could contact the employee to obtain
information about a leaking tank car found on the train the
employee had just tied up about which the employee may have
critical information. It is not intended to include contacting
an employee about derailments or accidents that occur somewhere
on the railroad property and in which the employee was in no
way involved. The Secretary would be permitted to waive this
prohibition on communicating with employees during the rest
period for commuter or intercity passenger service railroads if
it is necessary to maintain that railroad's efficient
operations and on-time performance of trains. The Committee
recognizes that such passenger operations have significantly
different operating practices, work schedules, work
environments, and safety records than that of freight
railroads, and as such, this added protection of employee rest
periods may not be necessary to ensure safe operations.
This section would also amend section 21102 of title 49,
United States Code, to permit a railroad carrier and its
directly affected employees or a non-profit employee labor
organization that represents such employees to jointly develop
and submit for approval to the Secretary an alternate HOS
regime to that provided in chapter 211 of title 49, United
Stated Code, 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. This
section would become effective no earlier than one year
following the date of enactment of this Act, so as to coincide
with the amendments made to the HOS statute by this section.
The Secretary could consider such a request anytime following
the date of enactment of this Act and could approve such a
request only after providing an opportunity for public notice
and comment and determining that the proposed HOS regime is in
the public interest and will not adversely affect railroad
safety. The exemption would be for a specific period of time
and would be subject to review upon a schedule determined
appropriate by the Secretary.
The Committee expects that railroads seeking waiver requests
will promptly submit their waiver requests to the FRA prior to
one year after the date of enactment of this Act. The Committee
also expects that the FRA will consider the waiver requests in
a timely manner to ensure, to the maximum extent possible, that
railroads will not have to restructure their existing
operations to comply with the new HOS regime to then only
return to their prior practices after a waiver is granted.
The definition of signal employee would be expanded to
include signal contractors. Section 21103 of title 49, United
States Code, would be modified to state that signal employees
may not remain or go on duty for more than 12 consecutive
hours, and must have at least 10 consecutive hours of rest in a
24-hour period. This section would also prohibit signal
employees from going on duty under the emergency authority
provision to conduct routine repairs, routine maintenance, or
routine inspection of signal systems. This section would
prohibit railroads from communicating with signal employees
during rest hours, unless necessary to notify an employee of an
emergency situation, as defined by the Secretary. This section
also would clarify that signal employees' HOS are governed
exclusively by this chapter, and not by other hours of service
rules, duty hours, or rest periods promulgated under any
Federal authority.
In addition to amending the existing statute governing HOS,
this section would, for the first time, authorize the Secretary
to issue regulations that make additional changes to the HOS
provisions provided that they provide for an equivalent level
of safety as that provided under the provisions of this
chapter, as amended. This authority is provided to the
Secretary so that the statutory limits may be modified as
changes in railroad safety, operations, and technology require.
In developing new regulations governing HOS, the Secretary may
request that the RSAC accept the task of developing, within 18
months, such new regulations and would require the Secretary to
prescribe appropriate regulations within eighteen months should
the RSAC not reach consensus. If the RSAC does not accept the
task upon the request of the Secretary, the Secretary would be
required to issue regulations within three years.
The Secretary also would conduct two pilot projects to
analyze specific practices which may be used to reduce fatigue
for train engine and other railroad employees.
The bill also would provide further flexibility by granting
the Secretary regulatory authority over certain aspects of the
HOS laws to improve safety and reduce employee fatigue.
Section 107. Protection of Railroad Safety Risk Analyses Information.
This section would amend section 20118 of title 49, United
States Code, to prohibit the Secretary from disclosing publicly
any information obtained as part of a railroad's risk reduction
program or pilot program. The Secretary would be permitted to
disclose such information otherwise available to the public if
the Secretary believes that disclosure would be consistent with
the confidentiality needed for that safety risk reduction
program or pilot program. No information compiled under the
risk reduction program or pilot program would be admissible in
any court proceeding, unless that information is otherwise
available to the public. This provision is not intended to
protect information that is already submitted to the FRA and
available to the public.
TITLE II. HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND
TRESPASSER PREVENTION
Section 201. Pedestrian Crossing Safety.
This section would require the Secretary to issue guidance to
passenger railroads on methods and strategies to prevent
pedestrian accidents, injuries, and fatalities on or near
passenger stations.
Section 202. State Action Plans.
This section would require the Secretary to annually identify
the ten States receiving Federal funds for highway-rail grade
crossing safety projects that have had the highest number of
highway-rail grade crossing accidents in the preceding fiscal
year and require those States to develop a grade crossing
action plan that identifies specific solutions for improving
the safety at highway-rail grade crossings.
Section 203. Improvements to Sight Distance at Highway-Rail Grade
Crossings.
This section would require the Secretary to prescribe
regulations that require each railroad to remove grass,
shrubbery, trees, and other vegetation, with the exception of
``protected vegetation,'' which may materially obstruct the
view of a pedestrian or a vehicle operator for a reasonable
distance, as determined by the Secretary, in either direction
of a train's approach, from its right-of-way at all public
highway-rail grade crossings and at all private highway-rail
grade crossings open to unrestricted public access. The
Secretary, in consultation with the FRA, the FHWA, and States,
also would be required to develop and make available to States
model legislation to improve safety by addressing sight
obstructions at highway-rail grade crossings equipped with
solely passive warning devices, as recommended by the DOT IG.
Section 204. National Crossing Inventory.
This section would require that the Secretary issue
regulations requiring each railroad and State, within one year
after enactment of this Act, to report to the Secretary current
information about warning devices and signage for each
previously unreported highway-rail grade crossing, or ensure
that another carrier that operates through the crossing has
reported information about the crossing to the Secretary. It
also would require each railroad and State to annually report
current information about all grade crossings to the Secretary.
Both section 20160 of title 49, United States Code, and section
130 of title 23, United States Code, would be amended by this
section.
Section 205. Telephone Number to Report Grade Crossing Problems.
This section would require the Secretary to issue regulations
requiring each railroad carrier to establish and maintain a
telephone service for the public to report malfunctions of
signals, crossing gates, and other devices to promote safety at
highway-rail grade crossings, disabled vehicles blocking
crossings, or other safety warning devices and signage
information about highway-rail grade crossings. Upon receiving
a report, each railroad would be required to contact trains
operating near the crossing, contact public safety officials,
investigate the report, and, if necessary, correct the
malfunction or remove the obstruction. Signs posting the phone
number and its purpose would be required to be appropriately
located near the crossing. In carrying out this section, the
Committee provided flexibility for the Secretary to determine
whether the telephone number that a railroad is required to
post under this section should be a toll-free number or not.
Because some railroads' operating territory covers a small
geographical area, a toll-free number may not be necessary in
order to provide the community members with a low-cost and
simple opportunity to report grade crossing problems to a
railroad.
Section 206. Operation Lifesaver.
This section would require the FRA to 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. It also would
authorize funds to be used for a pilot program to address the
need for targeted, sustained community outreach in one or more
States identified by section 202.
The Committee expects Operation Lifesaver to expand the scope
of its public education information and education programs to
cover information that the public can use to identify safety
conditions which are the responsibility of the railroads,
particularly unsafe or malfunctioning highway grade crossings
or grade crossing safety devices, and how to report such
conditions to the appropriate officials, including railroad
officials, local law enforcement, State railroad safety
officials, and the FRA, as applicable.
Section 207. Trespasser Prevention and Highway-Rail Crossing Safety.
This section would update existing section 20151 of title 49,
United States Code, by requiring the Secretary to evaluate and
review the laws and regulations regarding trespassing on
railroad property, vandalism affecting railroad property, and
highway-rail grade crossing warning sign violations. It also
would require the Secretary to extend the DOT's outreach
program and to create model State legislation providing for
civil and criminal penalties for violations of highway-rail
grade crossing warning signs. This section also would authorize
the Secretary to buy and distribute to the public small items,
such as coloring books, key chains, lapel pins, pencils, and
calendars, as part of the DOT's message on railroad crossing
safety and railroad trespass prevention.
Section 208. Fostering Introduction of New Technology to Improve Safety
at Highway-Rail Grade Crossings.
This section would preempt any State law concerning the
adequacy of new technology in providing warning to highway
users at highway-rail grade crossings, if that new technology
has been submitted to the Secretary for review and approval, in
accordance with the FRA's existing process for approving train
control systems. A railroad that installs new technology
approved by the Secretary would not be held liable if it
inspects and maintains the new technology in accordance with
the approval issued by the Secretary. The Committee expects
that protecting railroads from potential liability will
incentivize the development and implementation of new
technology that will greatly improve safety in an area that
currently plagues the nation.
TITLE III. FEDERAL RAILROAD ADMINISTRATION
Section 301. Human Capital Increases.
This section would require the Secretary to increase the
number of FRA employees by 200 between FY 2008 and FY 2013,
with a focus on employees to implement certain provisions of
this Act, investigate highway-rail grade crossing accidents, to
conduct routine compliance inspections, and otherwise support
the FRA's safety mission.
Section 302. Civil Penalty Increases.
This section would increase the maximum civil penalty from
$10,000 to $25,000 and the civil penalty for a grossly
negligent violation or a pattern of repeated violations that
causes a imminent hazard of death or injury to individuals or
has caused death or injury from $20,000 to $100,000.
Section 303. Enforcement Report.
In an effort to increase the transparency of the FRA
enforcement process, this section would require that the
Secretary annually make publicly available and publish on the
FRA's public website a report that provides summaries of the
various enforcement actions the FRA has taken.
Section 304. Prohibition of Individuals from Performing Safety-
Sensitive Functions for a Violation of Hazardous Materials
Transportation Law.
This section would broaden the provision in section 20111(c)
of title 49, United States Code, to allow the existing
enforcement tool of disqualification to be directed against
violators of the hazardous materials regulations and hazardous
materials transportation law. Section 304 of the bill would
expand the basis for issuing disqualification orders to allow
not only a rail safety violation, but also a hazardous
materials violation, to be used to establish unfitness for
safety-sensitive service in the railroad industry.
Section 305. Railroad Radio Monitoring Authority.
This section would permit the Secretary to authorize
officers, employees, or agents of the Secretary, in
circumstances the Secretary finds reasonable, to carry out the
Secretary's responsibilities to:
Intercept radio communications;
Communicate the existence, contents,
substance, purport, effect, or meaning of intercepted
communications;
Receive or assist in receiving intercepted
communications;
Disclose the contents, substance, purport,
effect, or meaning of intercepted communications or use
the communications; and
Record communications by any means,
including writing and tape recording.
This authority may only be engaged in for the purposes of
accident prevention and accident investigation. Information
obtained may not be admitted into evidence in any
administrative or judicial proceeding except in a prosecution
of a felony under State or Federal law, or to impeach a non-
Federal government party.
Section 306. Emergency Waivers.
This section would require the Secretary to issue procedures
concerning requests for waivers of regulations or orders in
emergency situations without first providing an opportunity for
public comment. The Secretary would be required to, after
issuing the emergency waiver, provide an opportunity for a
hearing on the waiver. An emergency waiver issued under this
section would not extend beyond 9 months.
Section 307. Federal Rail Security Officers' Access to Information.
This section would authorize the Administrator of the FRA to
access certain criminal history and other law enforcement
records, systems, and communications to carry out the
Administrator's civil and administrative duties to promote the
safety, including security, of railroad operations and for
other purposes authorized by law, including the National Crime
Prevention and Privacy Compact. The Administrator would be
authorized to designate FRA employees whose primary
responsibility is rail security to carry out the
Administrator's authority. The authority would not be used to
conduct criminal investigations.
Section 308. Update of Federal Railroad Administration's Website.
This section would require the Secretary to update the FRA'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 FRA's
activities. It also would require that FRA's public website be
updated to 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 FRA. The Committee expects the FRA to develop a
process to respond to and pursue, if appropriate, reports
received under this section.
TITLE IV. RAILROAD SAFETY ENHANCEMENTS
Section 401. Employee Training.
This section would require the Secretary to issue regulations
no later than one year after the enactment of this Act
requiring railroad carriers and railroad carrier contractors
and subcontractors to develop training plans for crafts and
classes of employees, as the Secretary determines appropriate.
Each training plan would be required to clearly identify the
class or craft of employees to which the plan applies; to
require that employees be trained on the requirements of
relevant Federal railroad safety laws, regulations, and orders;
to require employees to be tested or otherwise demonstrate
their proficiency in the subject matter of the training; and to
contain any other relevant information that the Secretary deems
appropriate. Each plan would be required to be submitted to and
approved by the Secretary. If the Secretary has previously
issued regulations requiring the training of certain crafts or
classes of employees, the Secretary could exempt railroads or
contractors and subcontractors of railroads from submitting
plans covering those employees.
The Committee recognizes that all railroads have existing
training programs for most railroad employees and that many of
these programs are currently sufficient. However, the Committee
believes that regulations that govern the basic elements of
these training programs and that establish a clear and
consistent curriculum that is appropriate for each class or
craft of employees would help to ensure that all employees are
properly trained for their assigned duties, would promote safe
operating practices and behaviors throughout the industry, and
would enhance compliance with Federal law.
Section 402. Certification of Certain Crafts or Classes of Employees.
This section would require the Secretary to issue a report to
relevant Congressional Committees about whether the
certification of certain crafts or classes of railroad carrier
or railroad carrier contractor or subcontractor employees, such
as conductors, car repair and maintenance employees, on-board
service workers, rail welders, dispatchers, signal repair and
maintenance employees, or any other craft or class of employees
that the Secretary determines appropriate, is necessary to
reduce the number and rate of accidents and incidents or to
improve railroad safety. This section also would authorize the
Secretary to issue regulations to require the certification of
certain crafts or classes of employees, as determined necessary
in the study. The FRA currently has in place a regulation
governing the qualification and certification of locomotive
engineers. This regulation was mandated in the Rail Safety
Improvement Act of 1988 and was intended to resolve
deficiencies in locomotive engineer training that were
uncovered after the passenger rail accident in Chase, Maryland,
that killed 16 people. Under the regulation, the burden of
certifying and recertifying employees is relatively hefty, but
the associated benefits are essential to safe locomotive
operations. Similar to the locomotive engineer qualification
and certification rule, any incremental safety benefits to be
gained from certifying additional classes or crafts of employee
should be weighed against the costs of certification.
Section 403. Track Inspection Time Study.
This section would require the Secretary to complete a study
to determine whether the required intervals of track
inspections for each class of track and track remedial action
requirements should be amended and whether different track
inspection and repair priorities or methods should be required.
It would require the Secretary to issue recommendations for
changes to the Federal track safety standards in part 213 of
title 49 of the Code of Federal Regulations based on the
results of the study. The study would consider the most current
rail flaw, rail defect growth, rail fatigue, and other relevant
track- or rail-related research and studies; the availability
and feasibility of developing and implementing new or novel
rail inspection technology for routine track inspections;
information from NTSB or FRA accident investigations where
track defects were the cause or a contributing cause; and other
relevant information, as determined by the Secretary. The
Secretary would be required to issue regulations implementing
the recommendations of this study.
Section 404. Study of Methods to Improve or Correct Station Platform
Gaps.
Not later than 2 years after the enactment of this Act, the
Secretary would be required to complete a study to determine
the most safe, efficient, and cost effective way to improve the
safety of railroad passenger station platforms gaps in order to
increase compliance with the requirements under the ADA and to
minimize the safety risks associated with such gaps for
railroad passengers and employees.
Section 405. Locomotive Cab Studies.
Not later than one year after the enactment of this Act, the
Secretary would be required to complete a study on the impact
on safety and the prevalence of the use of personal electronic
devices, including cell phones, video games, and other
distracting devices, by safety-related railroad employees
during the performance of such employees' duties. The Secretary
also would be able to study other elements of the locomotive
cab environment and their effect on an employee's health and
safety. No later than 6 months after the completion of any
study conducted under this section, the Secretary would be
required to issue a report on the study to relevant
Congressional Committees. The Secretary would be given the
authority to issue regulations prohibiting the use of such
devices, unless those devices are being used according to
railroad operating rules or for other work purposes, or to
improve the locomotive cab environment to protect an employee's
health and safety.
Section 406. Railroad Safety Technology Grants.
This section would require the Secretary to establish a grant
program for the deployment of train control technologies, train
control component technologies, processor-based technologies,
ECP 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. Grants would be made under this section to eligible
passenger and freight railroad carriers, railroad suppliers,
and State and local governments for projects described in
paragraph (a) that have a public benefit of improved safety and
network efficiency. Priority would be given to projects that:
focus on making technologies interoperable between railroad
systems, such as train control technologies; hasten the
deployment of 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 benefit both passenger and freight safety and
efficiency. Grants would not be awarded to entities who fail to
develop and submit to the Secretary a technology implementation
plan as required by section 104 of this Act. This section would
authorize $20 million to the Secretary for each of the fiscal
years 2008 through 2013 to carry out this section.
Section 407. Railroad safety infrastructure improvement grants.
The Secretary would be required to 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. In awarding grants the Secretary
would consider, at a minimum, the age and condition of the rail
infrastructure of the railroad; the railroad's safety record,
including accident and incident numbers and rates; the volume
of hazardous materials transported by the railroad; the
operation of passenger trains over the railroad; and whether
the railroad has submitted a railroad safety risk reduction
program, as required by section 104 of this Act. This section
would authorize $15 million to the Secretary for each of the
fiscal years 2008 through 2013 to carry out this section.
Section 408. Movement for Repair.
This section would amend section 20303 of title 49, United
States Code, to clarify the statutory provision that governs
whether and how a railroad may move a car or locomotive with a
safety appliance defect or insecurity to make repairs, without
becoming liable for a civil penalty. It would foster the use of
mobile repair trucks at locations on an occasional basis, by
eliminating the need for back hauls of defective vehicles for
repairs, and by explicitly authorizing the prescription of
additional regulatory conditions for hauling defective vehicles
for repair.
Section 409. Development and Use of Rail Safety Technology.
This section would require the Secretary, no later than 1
year after enactment of this Act, to issue standards, guidance,
regulations, or orders governing the development, use, and
implementation of rail safety technology in dark territory, in
arrangements not defined in section 20501 of title 49, United
States Code, or otherwise not covered by Federal standards,
guidance, regulation, or orders that ensures its safe operation
such as switch position monitoring devices; radio, remote
control or other power- assisted switches; hot box, high water,
or earthquake detectors; remote control locomotive zone
limiting devices; slide fences; grade crossing video monitors;
track integrity warning systems; or other similar rail safety
technologies, as determined by the Secretary.
Section 410. Employee Sleeping Quarters.
This section would amend section 21106 of title 49, United
States Code, to require that a railroad carrier provide
sleeping quarters for its employees that provide indoor toilet
facilities, potable water, and other features to protect the
health of employees. Within one year after the date of
enactment, the Secretary, in consultation with the Secretary of
Labor, would be required to issue regulations governing the use
of camp cars for employees and any individuals employed to
maintain the right of way of a railroad carrier. The Secretary
would also have the authority to prohibit the use of camp cars
if necessary to protect the health and safety of the employees.
Section 411. Employee Protections.
This section would amend section 20109 of title 49, United
States Code, to add as a protected act an employee's ``request
that a railroad carrier provide first aid, medical treatment,
or transportation to a medical facility or hospital after being
injured during the course of employment, or to comply with
treatment prescribed by a physician or licensed health care
professional consistent with the carrier's medical standards
for fitness for duty.''
Section 412. Unified Treatment of Families of Railroad Carriers.
This section would amend the definition of ``railroad
carrier'' in section 20102(3) of title 49, United States Code,
to include in the definition, upon petition and order issued by
the Secretary, a group of commonly controlled railroad carriers
that the Secretary determines is operating within the United
States as a single, integrated rail system to be treated as a
single railroad carrier for the purposes of part A, subtitle V
of title 49, United States Code, and of any implementing
regulations or orders, subject to any conditions imposed by the
Secretary. This provision is not intended to apply to railroad
holding companies that own multiple and separate properties
that are not operated as a physically integrated system.
Section 413. Repeal of Conrail Provision.
This section would require that, within one year after
enactment, the Secretary study the impacts of repealing section
711 of the Regional Rail Reorganization Act of 1973 which
preempts State laws in the former operating territory of the
Consolidated Rail Corporation (Conrail) related to crew
requirements. Within 6 months after the study is completed, the
Secretary would transmit a report to appropriate Congressional
Committees on the findings, results, and recommendations of the
study.
Section 414. Limitations on Non-Federal Alcohol and Drug Testing by
Railroad Carriers.
This section would require that any non-Federal alcohol and
drug testing program of a railroad carrier provide that all
post-employment tests of the specimens of employees who are
subject to both the program and chapter 211 of title 49, United
States Code, 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. It would also require that each railroad
carrier that has a non-Federal alcohol and drug testing program
provide a redress process to its employees who are subject to
both the alcohol and drug testing program and chapter 211 of
title 49, United States Code, 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 arising 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 would be
subject to resolution under section 3 of the Railway Labor Act
(45 U.S.C. 153). The Committee expects this provision to
rectify concerns in the industry that corporate drug testing
policies allow for testing limits that cannot be adequately
detected by current technology and that such tests have been
used discriminatorily to discipline employees.
Section 415. Critical Incident Stress Plan.
This section would require the Secretary in consultation with
the Secretary of Labor and the Secretary of Health and Human
Services, as appropriate, to require each Class I railroad, and
any other railroad that the Secretary determines appropriate,
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. Additionally,
the provision would require that the plan allow for the
immediate relief of service of an employee involved in a
critical incident and, upon the employee's request, relief for
an employee who witnessed a critical incident as soon as
feasible.
TITLE V. RAIL PASSENGER DISASTER FAMILY ASSISTANCE
Section 501. Assistance by National Transportation Safety Board to
Families of Passengers Involved in Rail Passenger Accidents.
This section would require the Chairman of the NTSB to
designate and publicize the name and phone number of a director
of family support services and an independent non-profit
organization to coordinate and provide services to families of
passengers involved in rail accidents. It would define the
responsibilities of the NTSB and the designated non-profit
organization in post-rail accident situations.
The Committee recognizes that the NTSB's limited resources do
not permit it to provide services to families impacted by every
rail accident resulting in a fatality, and therefore, expects
that the Board will focus its assistance to families impacted
by accidents that result in a major loss of life. However, the
NTSB should not interpret this expectation as a restriction in
offering services to families impacted by less severe accidents
if the Board has the ability and adequate resources to do so.
Section 502. Rail Passenger Carrier Plans to Address the Needs of
Families of Passengers Involved in Rail Passenger Accidents.
This section would require rail passenger carriers, not later
than 6 months after the date of enactment of this Act, to
submit to the Chairman of the NTSB, the Secretary, and the
Secretary of the Department of Homeland Security, a plan for
addressing the needs of families of passengers involved in any
rail passenger accident involving an Amtrak intercity train and
resulting in loss of life. This section would authorize
$500,000 for FY 2008 for the Secretary to carry out this new
section.
Section 503. Establishment of Task Force.
This section would require the Secretary, in cooperation with
the NTSB, to create a task force, which includes rail passenger
carriers and families who have been involved in rail accidents,
to develop a model plan and recommendations on how passenger
rail carriers can provide assistance and notification to
families of those passengers involved in rail accidents.
TITLE VI. CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE
FACILITIES
Section 601. Short Title.
This section would provide that title VI could be cited as
the Clean Railroads Act of 2007.
Section 602. Regulation of Solid Waste Rail Transfer Facilities.
This section would amend subtitle A of the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) and would permit a State
or political subdivision thereof to enforce State solid waste
environmental laws at a solid waste rail transfer facility.
Within 180 days after the date of enactment of the bill, a
solid waste rail transfer facility would have to comply with
all State solid waste environmental laws other than those
requiring permits. Within one year after the date of enactment,
a railroad carrier that owns or operates a solid waste rail
transfer facility that was not required to possess a permit for
the first 180 days after enactment would continue not to be
required to possess a permit provided that the facility had
submitted a complete application for all permits required by a
State's environmental laws to a solid waste facility permitting
agency and until that solid waste facility permitting agency
has either approved or denied the railroad carrier's
application for a permit.
A solid waste rail transfer facility would only include the
portion of a facility owned or operated by or on behalf of a
railroad carrier where solid waste, as a commodity to be
transported in commerce, is collected, stored, separated,
processed, treated, managed, disposed of, or transferred
outside of original sealed shipping containers. It would not
include a facility to the extent that activities taking place
at such a facility were comprised of the railroad
transportation of solid waste after the solid waste is placed
on or in a railroad car, including transportation for the
purpose of interchanging railroad cars containing sealed solid
waste shipments. For the purposes of this section, State solid
waste environmental laws would include the following: (1) the
substantive and procedural aspects of statutes, regulations,
and orders of a State or its subdivisions that establish public
health and safety or environmental standards concerning the
generation, storage, treatment, handling, management, or
disposal of solid waste; and (2) the substantive and procedural
aspects of statutes, regulations, and orders of a State or its
subdivisions which govern the processes and procedures by which
permits, licenses, or other approvals or credentials from such
State or subdivision are required in order to generate, store,
treat, handle, manage, or dispose of solid waste. It would not
include the statutes, regulations or orders of a state or its
subdivisions which govern land use, including land use
restrictions or zoning ordinances. This section also would
amend section 10501(c)(2) of title 49, United States Code, to
remove from the jurisdiction of the Surface Transportation
Board activities subject to the Clean Railroads Act of 2007
(i.e., this title).
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 49. TRANSPORTATION
SUBTITLE I. DEPARTMENT OF TRANSPORTATION
CHAPTER 1. ORGANIZATION
Sec. 103. Federal Railroad Administration
(a) The Federal Railroad Administration is an administration
in the Department of Transportation. To carry out all railroad
safety laws of the United States, the Administration is divided
on a geographical basis into at least 8 safety offices. The
Secretary of Transportation is responsible for all acts taken
under those laws and for ensuring that the laws are uniformly
administered and enforced among the safety offices.
(b) The head of the Administration is the Administrator who
is appointed by the President, by and with the advice and
consent of the Senate. The Administrator reports directly to
the Secretary.
(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.
[(c)] (e) The Administrator shall carry out--
(1) duties and powers related to railroad safety
vested in the Secretary by section 20134(c) and
chapters 203-211 of this title, and chapter 213 of this
title in carrying out chapters 203-211; and
(2) additional duties and powers prescribed by the
Secretary.
[(d)] (f) A duty or power specified by subsection [(c)(1)]
(e)(1) of this section may be transferred to another part of
the Department only when specifically provided by law or a
reorganization plan submitted under chapter 9 of title 5. A
decision of the Administrator in carrying out those duties or
powers and involving notice and hearing required by law is
administratively final.
[(e)] (g) Subject to the provisions of subtitle I of title 40
and title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.), the Secretary of
Transportation may make, enter into, and perform such
contracts, grants, leases, cooperative agreements, and other
similar transactions with Federal or other public agencies
(including State and local governments) and private
organizations and persons, and make such payments, by way of
advance or reimbursement, as the Secretary may determine to be
necessary or appropriate to carry out functions of the Federal
Railroad Administration. The authority of the Secretary granted
by this subsection shall be carried out by the Administrator.
Notwithstanding any other provision of this chapter, no
authority to enter into contracts or to make payments under
this subsection shall be effective, except as provided for in
appropriations Acts.
* * * * * * *
SUBTITLE II--OTHER GOVERNMENT AGENCIES
CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD
* * * * * * *
Sec. 1139. Assistance to families of passengers involved in rail
passenger accidents
(a) In General.--As soon as practicable after being notified
of a rail passenger accident within the United States involving
a rail passenger carrier and resulting in a major loss of life,
the Chairman of the National Transportation Safety Board
shall--
(1) designate and publicize the name and phone number
of a director of family support services who shall be
an employee of the Board and shall be responsible for
acting as a point of contact within the Federal
Government for the families of passengers involved in
the accident and a liaison between the rail passenger
carrier and the families; and
(2) designate an independent nonprofit organization,
with experience in disasters and posttrauma
communication with families, which shall have primary
responsibility for coordinating the emotional care and
support of the families of passengers involved in the
accident.
(b) Responsibilities of the Board.--The Board shall have
primary Federal responsibility for--
(1) facilitating the recovery and identification of
fatally injured passengers involved in an accident
described in subsection (a); and
(2) communicating with the families of passengers
involved in the accident as to the roles of--
(A) the organization designated for an
accident under subsection (a)(2);
(B) Government agencies; and
(C) the rail passenger carrier involved,
with respect to the accident and the post-accident
activities.
(c) Responsibilities of Designated Organization.--The
organization designated for an accident under subsection (a)(2)
shall have the following responsibilities with respect to the
families of passengers involved in the accident:
(1) To provide mental health and counseling services,
in coordination with the disaster response team of the
rail passenger carrier involved.
(2) To take such actions as may be necessary to
provide an environment in which the families may grieve
in private.
(3) To meet with the families who have traveled to
the location of the accident, to contact the families
unable to travel to such location, and to contact all
affected families periodically thereafter until such
time as the organization, in consultation with the
director of family support services designated for the
accident under subsection (a)(1), determines that
further assistance is no longer needed.
(4) To arrange a suitable memorial service, in
consultation with the families.
(d) Passenger Lists.--
(1) Requests for passenger lists.--
(A) Requests by director of family support
services.--It shall be the responsibility of
the director of family support services
designated for an accident under subsection
(a)(1) to request, as soon as practicable, from
the rail passenger carrier involved in the
accident a list, which is based on the best
available information at the time of the
request, of the names of the passengers that
were aboard the rail passenger carrier's train
involved in the accident. A rail passenger
carrier shall use reasonable efforts, with
respect to its unreserved trains, and
passengers not holding reservations on its
other trains, to ascertain the names of
passengers aboard a train involved in an
accident.
(B) Requests by designated organization.--The
organization designated for an accident under
subsection (a)(2) may request from the rail
passenger carrier involved in the accident a
list described in subparagraph (A).
(2) Use of information.--Except as provided in
subsection (k), the director of family support services
and the organization may not release to any person
information on a list obtained under paragraph (1) but
may provide information on the list about a passenger
to the family of the passenger to the extent that the
director of family support services or the organization
considers appropriate.
(e) Continuing Responsibilities of the Board.--In the course
of its investigation of an accident described in subsection
(a), the Board shall, to the maximum extent practicable, ensure
that the families of passengers involved in the accident--
(1) are briefed, prior to any public briefing, about
the accident and any other findings from the
investigation; and
(2) are individually informed of and allowed to
attend any public hearings and meetings of the Board
about the accident.
(f) Use of Rail Passenger Carrier Resources.--To the extent
practicable, the organization designated for an accident under
subsection (a)(2) shall coordinate its activities with the rail
passenger carrier involved in the accident to facilitate the
reasonable use of the resources of the carrier.
(g) Prohibited Actions.--
(1) Actions to impede the board.--No person
(including a State or political subdivision) may impede
the ability of the Board (including the director of
family support services designated for an accident
under subsection (a)(1)), or an organization designated
for an accident under subsection (a)(2), to carry out
its responsibilities under this section or the ability
of the families of passengers involved in the accident
to have contact with one another.
(2) Unsolicited communications.--No unsolicited
communication concerning a potential action for
personal injury or wrongful death may be made by an
attorney (including any associate, agent, employee, or
other representative of an attorney) or any potential
party to the litigation to an individual (other than an
employee of the rail passenger carrier) injured in the
accident, or to a relative of an individual involved in
the accident, before the 45th day following the date of
the accident.
(3) Prohibition on actions to prevent mental health
and counseling services.--No State or political
subdivision may prevent the employees, agents, or
volunteers of an organization designated for an
accident under subsection (a)(2) from providing mental
health and counseling services under subsection (c)(1)
in the 30-day period beginning on the date of the
accident. The director of family support services
designated for the accident under subsection (a)(1) may
extend such period for not to exceed an additional 30
days if the director determines that the extension is
necessary to meet the needs of the families and if
State and local authorities are notified of the
determination.
(h) Definitions.--In this section:
(1) Rail passenger accident.--The term ``rail
passenger accident'' means any rail passenger disaster
resulting in a major loss of life occurring in the
provision of--
(A) interstate intercity rail passenger
transportation (as such term is defined in
section 24102); or
(B) interstate or intrastate high-speed rail
(as such term is defined in section 26105)
transportation,
regardless of its cause or suspected cause.
(2) Rail passenger carrier.--The term ``rail
passenger carrier'' means a rail carrier providing--
(A) interstate intercity rail passenger
transportation (as such term is defined in
section 24102); or
(B) interstate or intrastate high-speed rail
(as such term is defined in section 26105)
transportation,
except that such term does not include a tourist,
historic, scenic, or excursion rail carrier.
(3) Passenger.--The term ``passenger'' includes--
(A) an employee of a rail passenger carrier
aboard a train;
(B) any other person aboard the train without
regard to whether the person paid for the
transportation, occupied a seat, or held a
reservation for the rail transportation; and
(C) any other person injured or killed in the
accident.
(i) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that a rail
passenger carrier may take, or the obligations that a rail
passenger carrier may have, in providing assistance to the
families of passengers involved in a rail passenger accident.
(j) Relinquishment of Investigative Priority.--
(1) General rule.--This section (other than
subsection (g)) shall not apply to a railroad accident
if the Board has relinquished investigative priority
under section 1131(a)(2)(B) and the Federal agency to
which the Board relinquished investigative priority is
willing and able to provide assistance to the victims
and families of the passengers involved in the
accident.
(2) Board assistance.--If this section does not apply
to a railroad accident because the Board has
relinquished investigative priority with respect to the
accident, the Board shall assist, to the maximum extent
possible, the agency to which the Board has
relinquished investigative priority in assisting
families with respect to the accident.
(k) Savings Clause.--Nothing in this section shall be
construed to abridge the authority of the Board or the
Secretary of Transportation to investigate the causes or
circumstances of any rail accident, including development of
information regarding the nature of injuries sustained and the
manner in which they were sustained for the purposes of
determining compliance with existing laws and regulations or
for identifying means of preventing similar injuries in the
future, or both.
SUBTITLE IV--INTERSTATE TRANSPORTATION
PART A. RAIL
CHAPTER 105. JURISDICTION
Sec. 10501. General jurisdiction
(a)(1) Subject to this chapter, the Board has jurisdiction
over transportation by rail carrier that is--
(A) only by railroad; or
(B) by railroad and water, when the transportation is
under common control, management, or arrangement for a
continuous carriage or shipment.
(2) Jurisdiction under paragraph (1) applies only to
transportation in the United States between a place in--
(A) a State and a place in the same or another State
as part of the interstate rail network;
(B) a State and a place in a territory or possession
of the United States;
(C) a territory or possession of the United States
and a place in another such territory or possession;
(D) a territory or possession of the United States
and another place in the same territory or possession;
(E) the United States and another place in the United
States through a foreign country; or
(F) the United States and a place in a foreign
country.
(b) The jurisdiction of the Board over--
(1) transportation by rail carriers, and the remedies
provided in this part with respect to rates,
classifications, rules (including car service,
interchange, and other operating rules), practices,
routes, services, and facilities of such carriers; and
(2) the construction, acquisition, operation,
abandonment, or discontinuance of spur, industrial,
team, switching, or side tracks, or facilities, even if
the tracks are located, or intended to be located,
entirely in one State, is exclusive. Except as
otherwise provided in this part, the remedies provided
under this part with respect to regulation of rail
transportation are exclusive and preempt the remedies
provided under Federal or State law.
(c)(1) In this subsection--
(A) the term ``local governmental authority''--
(i) has the same meaning given that term by
section 5302(a) of this title; and
(ii) includes a person or entity that
contracts with the local governmental authority
to provide transportation services; and
(B) the term ``mass transportation'' means
transportation services described in section 5302(a) of
this title that are provided by rail.
(2) Except as provided in paragraph (3), the Board does not
have jurisdiction under this part [over mass transportation
provided by a local governmental authority.] over--
(A) mass transportation provided by a local
government authority; or
(B) a solid waste rail transfer facility (as defined
in section 1009 (c)(2) of the Solid Waste Disposal Act
(42 U.S.C. 6909(c)(2))).
(3)(A) Notwithstanding paragraph (2) of this subsection, a
local governmental authority, described in paragraph (2), is
subject to applicable laws of the United States related to--
(i) safety;
(ii) the representation of employees for collective
bargaining; and
(iii) employment, retirement, annuity, and
unemployment systems or other provisions related to
dealings between employees and employers.
(B) The Board has jurisdiction under sections 11102 and 11103
of this title over transportation provided by a local
governmental authority only if the Board finds that such
governmental authority meets all of the standards and
requirements for being a rail carrier providing transportation
subject to the jurisdiction of the Interstate Commerce
Commission that were in effect immediately before January 1,
1996. The enactment of the ICC Termination Act of 1995 shall
neither expand nor contract coverage of employees and employers
by the Railway Labor Act, the Railroad Retirement Act of 1974,
the Railroad Retirement Tax Act, and the Railroad Unemployment
Insurance Act.
SUBTITLE V. RAIL PROGRAMS
PART A. SAFETY
CHAPTER 201. GENERAL
SUBCHAPTER I. GENERAL
Sec. 20102. Definitions
In this part--
(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.
[(1)] (2) ``railroad''--
(A) means any form of nonhighway ground
transportation that runs on rails or
electromagnetic guideways, including--
(i) commuter or other short-haul
railroad passenger service in a
metropolitan or suburban area and
commuter railroad service that was
operated by the Consolidated Rail
Corporation on January 1, 1979; and
(ii) high speed ground transportation
systems that connect metropolitan
areas, without regard to whether those
systems use new technologies not
associated with traditional railroads;
but
(B) does not include rapid transit operations
in an urban area that are not connected to the
general railroad system of transportation.
[(2) ``railroad carrier'' means a person providing
railroad transportation.]
(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.
(4) ``safety-related railroad employee'' means--
(A) a railroad employee who is subject to
chapter 211;
(B) another operating railroad employee who
is not subject to chapter 211;
(C) an employee who maintains the right of
way of a railroad carrier;
(D) an employee of a railroad carrier who is
a hazmat employee as defined in section 5102(3)
of this title;
(E) an employee who inspects, repairs, or
maintains locomotives, passenger cars or
freight cars; and
(F) any other employee of a railroad who
directly affects railroad safety, as determined
by the Secretary.
Sec. 20103. General authority
(a) Regulations and orders.--The Secretary of Transportation,
as necessary, shall prescribe regulations and issue orders for
every area of railroad safety supplementing laws and
regulations in effect on October 16, 1970. When prescribing a
security regulation or issuing a security order that affects
the safety of railroad operations, the Secretary of Homeland
Security shall consult with the Secretary.
(b) Regulations of practice for proceedings.--The Secretary
shall prescribe regulations of practice applicable to each
proceeding under this chapter. The regulations shall reflect
the varying nature of the proceedings and include time limits
for disposition of the proceedings. The time limit for
disposition of a proceeding may not be more than 12 months
after the date it begins.
(c) Consideration of information and standards.--In
prescribing regulations and issuing orders under this section,
the Secretary shall consider existing relevant safety
information and standards.
(d) Waivers.--The Secretary may waive compliance with any
part of a regulation prescribed or order issued under this
chapter if the waiver is in the public interest and consistent
with railroad safety. The Secretary shall make public the
reasons for granting the waiver.
[(e) Hearings.--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.]
(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.
(f) Tourist railroad carriers.--In prescribing regulations
that pertain to railroad safety that affect tourist, historic,
scenic, or excursion railroad carriers, the Secretary of
Transportation shall take into consideration any financial,
operational, or other factors that may be unique to such
railroad carriers. The Secretary shall submit a report to
Congress not later than September 30, 1995, on actions taken
under this subsection.
(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. 20107. Inspection and investigation
(a) General.--To carry out this part, the Secretary of
Transportation may take actions the Secretary considers
necessary, including--
(1) conduct investigations, make reports, issue
subpenas, require the production of documents, take
depositions, and prescribe recordkeeping and reporting
requirements; and
(2) delegate to a public entity or qualified person
the inspection, examination, and testing of railroad
equipment, facilities, rolling stock, operations, and
persons.
(b) Entry and inspection.--In carrying out this part, an
officer, employee, or agent of the Secretary, at reasonable
times and in a reasonable way, may enter and inspect railroad
equipment, facilities, rolling stock, operations, and relevant
records. When requested, the officer, employee, or agent shall
display proper credentials. During an inspection, the officer,
employee, or agent is an employee of the United States
Government under chapter 171 of title 28.
(c) Railroad Radio Communications.--
(1) In general.--To carry out the Secretary's
responsibilities under this part and under chapter 51,
the Secretary may authorize officers, employees, or
agents of the Secretary to conduct the following
activities in circumstances the Secretary finds to be
reasonable:
(A) Intercepting a radio communication, with
or without the consent of the sender or other
receivers of the communication, but only where
such communication is broadcast or transmitted
over a radio frequency which is--
(i) authorized for use by one or more
railroad carriers by the Federal
Communications Commission; and
(ii) primarily used by such railroad
carriers for communications in
connection with railroad operations.
(B) Communicating the existence, contents,
substance, purport, effect, or meaning of the
communication, subject to the restrictions in
paragraph (3).
(C) Receiving or assisting in receiving the
communication (or any information therein
contained).
(D) Disclosing the contents, substance,
purport, effect, or meaning of the
communication (or any part thereof of such
communication) or using the communication (or
any information contained therein), subject to
the restrictions in paragraph (3), after having
received the communication or acquired
knowledge of the contents, substance, purport,
effect, or meaning of the communication (or any
part thereof).
(E) Recording the communication by any means,
including writing and tape recording.
(2) Accident prevention and accident investigation.--
The Secretary, and officers, employees, and agents of
the Department of Transportation authorized by the
Secretary, may engage in the activities authorized by
paragraph (1) for the purpose of accident prevention
and accident investigation.
(3) Use of information.--(A) Information obtained
through activities authorized by paragraphs (1) and (2)
shall not be admitted into evidence in any
administrative or judicial proceeding except--
(i) in a prosecution of a felony under
Federal or State criminal law; or
(ii) to impeach evidence offered by a party
other than the Federal Government regarding the
existence, electronic characteristics, content,
substance, purport, effect, meaning, or timing
of, or identity of parties to, a communication
intercepted pursuant to paragraphs (1) and (2)
in proceedings pursuant to section 5122, 5123,
20702(b), 20111, 20112, 20113, or 20114 of this
title.
(B) If information obtained through activities set
forth in paragraphs (1) and (2) is admitted into
evidence for impeachment purposes in accordance with
subparagraph (A), the court, administrative law judge,
or other officer before whom the proceeding is
conducted may make such protective orders regarding the
confidentiality or use of the information as may be
appropriate in the circumstances to protect privacy and
administer justice.
(C) No evidence shall be excluded in an
administrative or judicial proceeding solely because
the government would not have learned of the existence
of or obtained such evidence but for the interception
of information that is not admissible in such
proceeding under subparagraph (A).
(D) Information obtained through activities set forth
in paragraphs (1) and (2) shall not be subject to
publication or disclosure, or search or review in
connection therewith, under section 552 of title 5.
(E) Nothing in this subsection shall be construed to
impair or otherwise affect the authority of the United
States to intercept a communication, and collect,
retain, analyze, use, and disseminate the information
obtained thereby, under a provision of law other than
this subsection.
(4) Application with other law.--Section 705 of the
Communications Act of 1934 (47 U.S.C. 605) and chapter
119 of title 18 shall not apply to conduct authorized
by and pursuant to this subsection.
Sec. 20109. Employee protections
(a) In general.--A railroad carrier engaged in interstate or
foreign commerce, a contractor or a subcontractor of such a
railroad carrier, or an officer or employee of such a railroad
carrier, may not discharge, demote, suspend, reprimand, or in
any other way discriminate against an employee if such
discrimination is due, in whole or in part, to the employee's
lawful, good faith act done, or perceived by the employer to
have been done or about to be done--
(1) to provide information, directly cause
information to be provided, or otherwise directly
assist in any investigation regarding any conduct which
the employee reasonably believes constitutes a
violation of any Federal law, rule, or regulation
relating to railroad safety or security, or gross
fraud, waste, or abuse of Federal grants or other
public funds intended to be used for railroad safety or
security, if the information or assistance is provided
to or an investigation stemming from the provided
information is conducted by--
(A) a Federal, State, or local regulatory or
law enforcement agency (including an office of
the Inspector General under the Inspector
General Act of 1978 (5 U.S.C. App.; Public Law
95-452);
(B) any Member of Congress, any committee of
Congress, or the Government Accountability
Office; or
(C) a person with supervisory authority over
the employee or such other person who has the
authority to investigate, discover, or
terminate the misconduct;
(2) to refuse to violate or assist in the violation
of any Federal law, rule, or regulation relating to
railroad safety or security;
(3) to file a complaint, or directly cause to be
brought a proceeding related to the enforcement of this
part or, as applicable to railroad safety or security,
chapter 51 or 57 of this title, or to testify in that
proceeding;
(4) to notify, or attempt to notify, the railroad
carrier or the Secretary of Transportation of a work-
related personal injury or work-related illness of an
employee;
(5) to request that a railroad carrier provide first
aid, prompt medical treatment, or transportation to an
appropriate medical facility or hospital after being
injured during the course of employment, or to comply
with treatment prescribed by a physician or licensed
health care professional consistent with the carrier's
medical standards for fitness for duty;
[(5)] (6) to cooperate with a safety or security
investigation by the Secretary of Transportation, the
Secretary of Homeland Security, or the National
Transportation Safety Board;
[(6)] (7) to furnish information to the Secretary of
Transportation, the Secretary of Homeland Security, the
National Transportation Safety Board, or any Federal,
State, or local regulatory or law enforcement agency as
to the facts relating to any accident or incident
resulting in injury or death to an individual or damage
to property occurring in connection with railroad
transportation; or
[(7)] (8) to accurately report hours on duty pursuant
to chapter 211.
(b) Hazardous safety or security conditions.--
(1) A railroad carrier engaged in interstate or
foreign commerce, or an officer or employee of such a
railroad carrier, shall not discharge, demote, suspend,
reprimand, or in any other way discriminate against an
employee for--
(A) reporting, in good faith, a hazardous
safety or security condition;
(B) refusing to work when confronted by a
hazardous safety or security condition related
to the performance of the employee's duties, if
the conditions described in paragraph (2)
exist; or
(C) refusing to authorize the use of any
safety-related equipment, track, or structures,
if the employee is responsible for the
inspection or repair of the equipment, track,
or structures, when the employee believes that
the equipment, track, or structures are in a
hazardous safety or security condition, if the
conditions described in paragraph (2) exist.
(2) A refusal is protected under paragraph (1)(B) and
(C) if--
(A) the refusal is made in good faith and no
reasonable alternative to the refusal is
available to the employee;
(B) a reasonable individual in the
circumstances then confronting the employee
would conclude that--
(i) the hazardous condition presents
an imminent danger of death or serious
injury; and
(ii) the urgency of the situation
does not allow sufficient time to
eliminate the danger without such
refusal; and (C) the employee, where
possible, has notified the railroad
carrier of the existence of the
hazardous condition and the intention
not to perform further work, or not to
authorize the use of the hazardous
equipment, track, or structures, unless
the condition is corrected immediately
or the equipment, track, or structures
are repaired properly or replaced.
(3) In this subsection, only paragraph (1)(A) shall
apply to security personnel employed by a railroad
carrier to protect individuals and property transported
by railroad.
(c) Enforcement action.--
(1) In general.--An employee who alleges discharge,
discipline, or other discrimination in violation of
subsection (a) or (b) of this section, may seek relief
in accordance with the provisions of this section, with
any petition or other request for relief under this
section to be initiated by filing a complaint with the
Secretary of Labor.
(2) Procedure.--
(A) In general.--Any action under paragraph
(1) shall be governed under the rules and
procedures set forth in section 42121(b),
including:
(i) Burdens of proof. Any action
brought under (c)(1) shall be governed
by the legal burdens of proof set forth
in section 42121(b).
(ii) Statute of limitations. An
action under paragraph (1) shall be
commenced not later than 180 days after
the date on which the alleged violation
of subsection (a) or (b) of this
section occurs.
(iii) Civil actions to enforce.
If a person fails to comply with an order
issued by the Secretary of Labor pursuant to
the procedures in section 42121(b), the
Secretary of Labor may bring a civil action to
enforce the order in the district court of the
United States for the judicial district in
which the violation occurred, as set forth in
42121.
(B) Exception.--Notification made under
section 42121(b)(1) shall be made to the person
named in the complaint and the person's
employer.
(3) De novo review.--With respect to a complaint
under paragraph (1), if the Secretary of Labor has not
issued a final decision within 210 days after the
filing of the complaint and if the delay is not due to
the bad faith of the employee, the employee may bring
an original action at law or equity for de novo review
in the appropriate district court of the United States,
which shall have jurisdiction over such an action
without regard to the amount in controversy, and which
action shall, at the request of either party to such
action, be tried by the court with a jury.
(4) Appeals.--Any person adversely affected or
aggrieved by an order issued pursuant to the procedures
in section 42121(b), may obtain review of the order in
the United States court of appeals for the circuit in
which the violation, with respect to which the order
was issued, allegedly occurred or the circuit in which
the complainant resided on the date of such violation.
The petition for review must be filed not later than 60
days after the date of the issuance of the final order
of the Secretary of Labor. The review shall conform to
chapter 7 of title 5. The commencement of proceedings
under this paragraph shall not, unless ordered by the
court, operate as a stay of the order.
(d) Remedies.--
(1) In general.--An employee prevailing in any action
under subsection (c) shall be entitled to all relief
necessary to make the employee whole.
(2) Damages.--Relief in an action under subsection
(c) (including an action described in subsection
(c)(3)) shall include--
(A) reinstatement with the same seniority
status that the employee would have had, but
for the discrimination;
(B) any backpay, with interest; and
(C) compensatory damages, including
compensation for any special damages sustained
as a result of the discrimination, including
litigation costs, expert witness fees, and
reasonable attorney fees.
(3) Possible relief.--Relief in any action under
subsection (c) may include punitive damages in an
amount not to exceed $250,000.
(e) Election of remedies.--An employee may not seek
protection under both this section and another provision of law
for the same allegedly unlawful act of the railroad carrier.
(f) No preemption.--Nothing in this section preempts or
diminishes any other safeguards against discrimination,
demotion, discharge, suspension, threats, harassment,
reprimand, retaliation, or any other manner of discrimination
provided by Federal or State law.
(g) Rights retained by employee.--Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies
of any employee under any Federal or State law or under any
collective bargaining agreement. The rights and remedies in
this section may not be waived by any agreement, policy, form,
or condition of employment.
(h) Disclosure of identity.--
(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the
employee, the Secretary of Transportation or the
Secretary of Homeland Security may not disclose the
name of an employee of a railroad carrier who has
provided information about an alleged violation of this
part or, as applicable to railroad safety or security,
chapter 51 or 57 of this title, or a regulation
prescribed or order issued under any of those
provisions.
(2) The Secretary of Transportation or the Secretary
of Homeland Security shall disclose to the Attorney
General the name of an employee described in paragraph
(1) if the matter is referred to the Attorney General
for enforcement. The Secretary making such disclosures
shall provide reasonable advance notice to the affected
employee if disclosure of that person's identity or
identifying information is to occur.
(i) Process for reporting security problems to the Department
of Homeland Security.--
(1) Establishment of process.--The Secretary of
Homeland Security shall establish through regulations,
after an opportunity for notice and comment, a process
by which any person may report to the Secretary of
Homeland Security regarding railroad security problems,
deficiencies, or vulnerabilities.
(2) Acknowledgment of receipt.--If a report submitted
under paragraph (1) identifies the person making the
report, the Secretary of Homeland Security shall
respond promptly to such person and acknowledge receipt
of the report.
(3) Steps to address problem.--The Secretary of
Homeland Security shall review and consider the
information provided in any report submitted under
paragraph (1) and shall take appropriate steps to
address any problems or deficiencies identified.
Sec. 20111. Enforcement by the Secretary of Transportation
(a) Exclusive authority.--The Secretary of Transportation has
exclusive authority--
(1) to impose and compromise a civil penalty for a
violation of a railroad safety regulation prescribed or
order issued by the Secretary;
(2) except as provided in section 20113 of this
title, to request an injunction for a violation of a
railroad safety regulation prescribed or order issued
by the Secretary; and
(3) to recommend appropriate action be taken under
section 20112(a) of this title.
(b) Compliance orders.--The Secretary may issue an order
directing compliance with this part or with a railroad safety
regulation prescribed or order issued under this part.
[(c) Orders prohibiting individuals from performing safety-
sensitive functions.--If an individual's violation of this
chapter or any of the laws transferred to the jurisdiction of
the Secretary of Transportation by subsection (e)(1), (2), and
(6)(A) of section 6 of the Department of Transportation Act, as
in effect on June 1, 1994, or a regulation prescribed or order
issued by the Secretary under this chapter is shown to make
that individual unfit for the performance of safety-sensitive
functions, the Secretary, after notice and 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. This subsection does not affect the Secretary's
authority under section 20104 of this title to act on an
emergency basis.]
(c) Orders Prohibiting Individuals From Performing Safety-
Sensitive Functions.--
(1) If an individual's violation of this part,
chapter 51 of this title, or a regulation prescribed,
or an order issued, by the Secretary under this part or
chapter 51 of this title is shown to make that
individual unfit for the performance of safety-
sensitive functions, the Secretary, after providing
notice and an opportunity for a hearing, may issue an
order prohibiting the individual from performing
safety-sensitive functions in the railroad industry for
a specified period of time or until specified
conditions are met.
(2) This subsection does not affect the Secretary's
authority under section 20104 of this title to act on
an emergency basis.
(d) Regulations requiring reporting of remedial actions.--
(1) The Secretary shall prescribe regulations to
require that a railroad carrier notified by the
Secretary that imposition of a civil penalty will be
recommended for a failure to comply with this part,
chapter 51 or 57 of this title, or a regulation
prescribed or order issued under any of those
provisions, shall report to the Secretary, not later
than the 30th day after the end of the month in which
the notification is received--
(A) actions taken to remedy the failure; or
(B) if appropriate remedial actions cannot be
taken by that 30th day, an explanation of the
reasons for the delay.
(2) The Secretary--
(A) not later than June 3, 1993, shall issue
a notice of a regulatory proceeding for
proposed regulations to carry out this
subsection; and
(B) not later than September 3, 1994, shall
prescribe final regulations to carry out this
subsection.
Sec. 20117. Authorization of appropriations
[(a) General.--
([1) Not more than the following amounts may be
appropriated to the Secretary of Transportation to
carry out this chapter:
[(A) $68,283,000 for the fiscal year ending
September 30, 1993.
[(B) $71,690,000 for the fiscal year ending
September 30, 1994.
[(C) $68,289,000 for fiscal year 1995.
[(D) $75,112,000 for fiscal year 1996.
[(E) $82,563,000 for fiscal year 1997.
[(F) $90,739,000 for fiscal year 1998.
[(2) Not more than $5,000,000 may be appropriated to
the Secretary for the fiscal year ending September 30,
1993, to carry out section 20105 of this title.]
(a) In General.--
(1) There are authorized to be appropriated to the
Secretary of Transportation to carry out this part and
to carry out responsibilities under chapter 51 as
delegated or authorized by the Secretary--
(A) $245,000,000 for fiscal year 2008;
(B) $260,000,000 for fiscal year 2009;
(C) $270,000,000 for fiscal year 2010;
(D) $280,000,000 for fiscal year 2011;
(E) $290,000,000 for fiscal year 2012; and
(F) $300,000,000 for fiscal year 2013.
(2) With amounts appropriated pursuant to paragraph
(1), the Secretary may designate the following amounts
for research and development:
(A) $40,000,000.
(B) $42,000,000.
(C) $44,000,000.
(D) $46,000,000.
(E) $48,000,000.
(F) $51,000,000.
(3) With amounts appropriated pursuant to paragraph
(1), the Secretary shall purchase Gage Restraint
Measurement System vehicles and track geometry vehicles
or other comparable technology as needed to assess
track safety, consistent with the results of the track
inspection study required by section 403 of the
Railroad Safety Enhancement Act of 2007.
(4) There are authorized to be appropriated to the
Secretary $18,000,000 for the period encompassing
fiscal years 2008 through 2011 to design, develop, and
construct the Facility for Underground Rail Station and
Tunnel Testing and Training at the Transportation
Technology Center, Inc., in Pueblo, Colorado. The
facility shall be used to test and evaluate the safety
and security vulnerabilities of above-ground and
underground rail tunnels to prevent accidents and
incidents in such tunnels, to mitigate and remediate
the consequences of any such accidents or incidents,
and to provide a realistic scenario for training
emergency responders.
(5) Such sums as may be necessary from the amount
appropriated pursuant to paragraph (1) for each of the
fiscal years 2008 through 2013 shall be made available
to the Secretary for personnel in regional offices and
in Washington, D.C., whose duties primarily involve
rail security.
(b) Grade crossing safety.--Not more than $1,000,000 may be
appropriated to the Secretary for improvements in grade
crossing safety, except demonstration projects under section
20134(c) of this title. Amounts appropriated under this
subsection remain available until expended.
(c) Research and development, automated track inspection, and
state participation grants.--Amounts appropriated under this
section for research and development, automated track
inspection, and grants under section 20105(e) of this title
remain available until expended.
(d) Minimum available for certain purposes.--At least 50
percent of the amounts appropriated to the Secretary for a
fiscal year to carry out railroad research and development
programs under this chapter or another law shall be available
for safety research, improved track inspection and information
acquisition technology, improved railroad freight
transportation, and improved railroad passenger systems.
(e) Operation lifesaver.--In addition to amounts otherwise
authorized by law, there are authorized to be appropriated for
railroad research and development $300,000 for fiscal year
1995, $500,000 for fiscal year 1996, and $750,000 for fiscal
year 1997, to support Operation Lifesaver, Inc.
Sec. 20118. Prohibition on public disclosure of required railroad
safety analyses records
(a) In General.--Notwithstanding section 552 of title 5 or
any other provision of law, except as necessary for the
Secretary of Transportation or another Federal agency to
enforce or carry out any provision of Federal law, the
Secretary shall not disclose publicly any part of any record
(including, but not limited to, a railroad carrier's analysis
of its safety risks and its statement of the mitigation
measures it has identified with which to address those risks)
that the Secretary has obtained pursuant to a provision of, or
regulation or order under, this chapter related to the
establishment, implementation, or modification of a railroad
safety risk reduction program or pilot program if the record
is--
(1) supplied to the Secretary pursuant to that safety
risk reduction program or pilot program; or
(2) made available for inspection and copying by an
officer, employee, or agent of the Secretary pursuant
to that safety risk reduction program or pilot program.
(b) Exception.--Notwithstanding subsection (a), the Secretary
may disclose any part of any record comprised of facts
otherwise available to the public if, in the Secretary's sole
discretion, the Secretary determines that disclosure would be
consistent with the confidentiality needed for that safety risk
reduction program.
(c) Discretionary Prohibition of Disclosure.--The Secretary
may prohibit the public disclosure of risk analyses or risk
mitigation analyses that the Secretary has obtained under other
provisions of, or regulations or orders under, this chapter if
the Secretary determines that the prohibition of public
disclosure is necessary to promote railroad safety.
Sec. 20119. Discovery and admission into evidence of certain reports
and surveys
Notwithstanding any other provision of law, no part of any
report, survey, schedule, list, or data compiled or collected
for the purpose of evaluating, planning, or implementing a
railroad safety risk reduction program or other risk or risk
mitigation analysis designated by the Secretary of
Transportation under section 20118(c) pursuant to a provision
of, or regulation or order under, this chapter (including a
railroad carrier's analysis of its safety risks and its
statement of the mitigation measures with which it will address
those risks) shall be subject to discovery or admitted into
evidence in a Federal or State court proceeding, or considered
for another purpose, in any action by a private party or
parties for damages against the carrier, or its officers,
employees, or contractors. The preceding sentence does not
apply to any report, survey, list, or data otherwise available
to the public.
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.
SUBTITLE V. RAIL PROGRAMS
PART A. SAFETY
CHAPTER 201. GENERAL
SUBCHAPTER II. PARTICULAR ASPECTS OF SAFETY
Sec. 20134. Grade crossings and railroad rights of way
(a) General.--To the extent practicable, the Secretary of
Transportation shall maintain a coordinated effort to develop
and carry out solutions to the railroad grade crossing problem
and measures to protect pedestrians in densely populated areas
along railroad rights of way. To carry out this subsection, the
Secretary may use the authority of the Secretary under this
chapter and over highway, traffic, and motor vehicle safety and
over highway construction. 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.
(b) Signal systems and other devices.--Not later than June
22, 1989, the Secretary shall prescribe regulations and issue
orders to ensure the safe maintenance, inspection, and testing
of signal systems and devices at railroad highway grade
crossings.
(c) Demonstration projects.--
(1) The Secretary shall establish demonstration
projects to evaluate whether accidents and incidents
involving trains would be reduced by--
(A) reflective markers installed on the road
surface or on a signal post at railroad grade
crossings;
(B) stop signs or yield signs installed at
grade crossings; and
(C) speed bumps or rumble strips installed on
the road surfaces at the approaches to grade
crossings.
(2) Not later than June 22, 1990, the Secretary shall
submit a report on the results of the demonstration
projects to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
* * * * * * *
[Sec. 20151. Railroad trespassing and vandalism prevention strategy]
[(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 and vandalism
affecting railroad safety, 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 shall be
completed within 1 year after November 2, 1994. The Secretary
shall revise such model prevention strategies and enforcement
codes periodically.]
Sec. 20151. Railroad trespassing, vandalism, and highway-rail grade
crossing warning sign violation prevention strategy
(a) Evaluation of Existing Laws.--In consultation with
affected parties, the Secretary of Transportation shall
evaluate and review current local, State, and Federal laws
regarding trespassing on railroad property, vandalism affecting
railroad safety, and violations of highway-rail grade crossing
warning signs and develop model prevention strategies and
enforcement laws to be used for the consideration of State and
local legislatures and governmental entities. The first such
evaluation and review concerning violations of grade crossing
signals shall be completed within 1 year after the date of
enactment of the Railroad Safety Enhancement Act of 2007. The
Secretary shall revise the model prevention strategies and
enforcement codes periodically.
(b) Outreach program for Trespassing and Vandalism
Prevention._The Secretary shall develop and maintain a
comprehensive outreach program to improve communications among
Federal railroad safety inspectors, State inspectors certified
by the Federal Railroad Administration, railroad police, and
State and local law enforcement officers, for the purpose of
addressing trespassing and vandalism problems on railroad
property, and strengthening relevant enforcement strategies.
This program shall be designed to increase public and police
awareness of the illegality of, dangers inherent in, and the
extent of, trespassing on railroad rights-of-way, to develop
strategies to improve the prevention of trespassing and
vandalism, and to improve the enforcement of laws relating to
railroad trespass, vandalism, and safety.
(c) Model legislation.--(1) Within 18 months after November
2, 1994, 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--
[(1)] (A) civil or criminal penalties, or both, for
vandalism of railroad equipment or property which could
affect the safety of the public or of railroad
employees; and
[(2)] (B) civil or criminal penalties, or both, for
trespassing on a railroad owned or leased right-of-way.
(2) Within 18 months after the date of enactment of the
Railroad Safety Enhancement Act of 2007, the Secretary, after
consultation with State and local governments and railroad
carriers, shall develop and make available to State and local
governments model State legislation providing for civil or
criminal penalties, or both, for violations of highway-rail
grade crossing warning signs.
(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.
[Sec. 20152. Emergency notification of grade crossing problems
[(a) Pilot programs.--The Secretary of Transportation shall
conduct a pilot program to demonstrate an emergency
notification system utilizing a toll free telephone number that
the public can use to convey to railroad carriers, either
directly or through public safety personnel, information about
malfunctions or other safety problems at railroad-highway grade
crossings. The pilot program, at a minimum--
[(1) shall include railroad-highway grade crossings
in at least 2 States;
[(2) shall include provisions for public education
and awareness of the program; and
[(3) shall require information to be posted at the
railroad-highway grade crossing describing the
emergency notification system and instructions on how
to use the system. The Secretary may, by grant, provide
funding for the expense of information signs and public
awareness campaigns necessary to demonstrate the
notification system.
[(b) Report.--The Secretary shall complete the pilot program
not later than 24 months after November 2, 1994, and shall
submit to the Congress not later than 30 months after November
2, 1994, an evaluation of the pilot program, together with
findings as to the effectiveness of such emergency notification
systems. The report shall compare and contrast the structure,
cost, and effectiveness of the pilot program with other
emergency notification systems in effect within other States.
Such evaluation shall include analyses of the safety benefits
derived from the programs, cost effectiveness, and the burdens
on participants, including railroad carriers and law
enforcement personnel.]
Sec. 20152. Notification of grade crossing problems
Not later than 18 months after the date of enactment of the
Railroad Safety Enhancement Act of 2007, the Secretary of
Transportation shall require each railroad carrier to--
(1) establish and maintain a telephone service, which
may be required to be a toll-free telephone for
specific railroad carriers as determined by the
Secretary to be appropriate, for rights-of-way over
which it dispatches trains, to directly receive calls
reporting--
(A) malfunctions of signals, crossing gates,
and other devices to promote safety at the
grade crossing of railroad tracks on those
rights-of-way and public or private roads;
(B) disabled vehicles blocking railroad
tracks at such grade crossings;
(C) obstructions to the view of a pedestrian
or a vehicle operator for a reasonable distance
in either direction of a train's approach; or
(D) other safety information involving such
grade crossings;
(2) upon receiving a report pursuant to paragraph
(1)(A) or (B), immediately contact trains operating
near the grade crossing to warn them of the malfunction
or disabled vehicle;
(3) upon receiving a report pursuant to paragraph
(1)(A) or (B), and after contacting trains pursuant to
paragraph (2), contact, as necessary, appropriate
public safety officials having jurisdiction over the
grade crossing to provide them with the information
necessary for them to direct traffic, assist in the
removal of the disabled vehicle, or carry out other
activities as appropriate;
(4) upon receiving a report pursuant to paragraph
(1)(C) or (D), timely investigate the report, remove
the obstruction if possible, or correct the unsafe
circumstance; and
(5) ensure the placement at each grade crossing on
rights-of-way that it owns of appropriately located
signs, on which shall appear, at a minimum--
(A) a telephone number to be used for placing
calls described in paragraph (1) to the
railroad carrier dispatching trains on that
right-of-way;
(B) an explanation of the purpose of that
telephone number; and
(C) the grade crossing number assigned for
that crossing by the National Highway-Rail
Crossing Inventory established by the
Department of Transportation.
* * * * * * *
Sec. 20156. Railroad safety risk reduction pilot program
(a) Pilot Program.--
(1) In general.--In conjunction with ongoing
behavior-based safety research at the Department of
Transportation, the Secretary shall develop a 4-year
railroad safety risk reduction pilot program to
systematically evaluate and manage railroad safety
risks with the goal of reducing the numbers and rates
of railroad accidents, injuries, and fatalities. Not
later than 1 year after the date of enactment of the
Railroad Safety Enhancement Act of 2007, the Secretary
shall, in coordination with selected railroads,
railroad facilities, nonprofit employee labor
organizations that represent safety-related railroad
employees employed at such railroad or railroad
facility, and any other entities that the Secretary
determines to be relevant, at a minimum--
(A) identify the aspects of a selected
railroad or railroad facility, including
operating practices, infrastructure, equipment,
employee levels and schedules, safety culture,
management structure, employee training, and
other matters, including those not covered by
railroad safety regulations or other Federal
regulations, that impact railroad safety;
(B) evaluate how these aspects of a selected
railroad or railroad facility increase or
decrease risks to railroad safety;
(C) develop a safety risk reduction program
to improve the safety of a selected railroad or
railroad facility by reducing the numbers and
rates of accidents, injuries, and fatalities
through--
(i) the mitigation of the aspects of
a selected railroad or railroad
facility that increase risks to
railroad safety; and
(ii) the enhancement of aspects of a
selected railroad or railroad facility
that decrease risks to railroad safety;
and
(D) incorporate into the program the
consideration and use of existing, new, or
novel technology, operating practices, risk
management practices or other behavior-based
practices that could improve railroad safety at
the selected railroad or railroad facility.
(2) Implementation deadline.--Not later than 2 years
after the date of enactment of the Railroad Safety
Enhancement Act of 2007, the selected railroad or
railroad facility shall implement the safety risk
reduction program developed under paragraph (1)(C) on
the selected railroad or railroad facility and ensure
that all employees at the selected railroad or railroad
facility have received training related to the program.
(b) Selection of Railroad or Railroad Facility for Pilot
Program.--Not later than 6 months after the date of enactment
of the Railroad Safety Enhancement Act of 2007, the Secretary
shall develop a voluntary application process to select 1 or
more railroad or railroad facilities where the pilot project
will be implemented. The application process shall include
criteria for rating applicants, such as safety performance,
accident and incident history, existence of risk management or
behavior-based practices at the railroad or railroad facility,
number of employees employed at the railroad or railroad
facility, and other relevant criteria determined by the
Secretary. If more than 1 railroad or railroad facility is
selected, the Secretary shall select railroads and railroad
facilities that are representative of the railroad industry as
a whole, if possible.
(c) Evaluation.--Not later than 6 months after the completion
of the safety risk reduction program pilot program, the
Secretary shall submit a report to Congress evaluating the
pilot program, which shall include--
(1) a summary of the railroad safety risk reduction
pilot program and description of the actions taken by
the Secretary and selected railroad or railroad
facilities during the program;
(2) an analysis of the difference in the number and
rates of accidents, injuries, and fatalities at a
selected railroad or railroad facility before and after
the implementation of the risk reduction pilot program
at a selected railroad or railroad facility; and
(3) guidelines on the preparation and implementation
of railroad safety risk reduction program for the
railroad carriers required to develop such plans under
section 20157 that reflect that best practices
developed during the pilot program.
(d) Grants.--The Secretary shall establish a grant program
for implementation of the railroad safety risk reduction pilot
program. Railroads and railroad facilities selected by the
Secretary shall be eligible for grants.
(e) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Transportation $1,000,000
for fiscal years 2009 and 2010 to carry out this section.
Sec. 20157. Railroad safety risk reduction program
(a) In General.--
(1) Program requirement.--Not later than 5 years
after the date of enactment, the Secretary, by
regulation, shall require each railroad carrier that is
a Class I railroad, a railroad carrier that has
inadequate safety performance (as determined by the
Secretary), or a railroad that provides intercity
passenger or commuter rail passenger transportation--
(A) to develop a railroad safety risk
reduction program under subsection (d) that
systematically evaluates system-wide railroad
safety risks and manages those risks in order
to reduce the numbers and rates of railroad
accidents, injuries, and fatalities;
(B) to submit its program, including any
required plans, to the Federal Railroad
Administration for its review and approval; and
(C) to implement the program and plans
approved by the Federal Railroad
Administration.
(2) Reliance on pilot program.--The Secretary shall
use the information and experience gathered through the
pilot program under section 20156 in developing
regulations under this section.
(3) Waivers.--The Secretary may grant a waiver under
section 20103(d) to a railroad carrier from compliance
with all or a part of the requirements of this section
if the Secretary determines that the safety performance
of the railroad carrier is sufficient to warrant the
waiver.
(4) Voluntary compliance.--A railroad carrier that is
not required to submit a railroad safety risk reduction
program under this section may voluntarily submit a
program that meets the requirements of this section to
the Federal Railroad Administration. The Federal
Railroad Administration shall approve or disapprove any
program submitted under this paragraph.
(b) Certification.--The chief official responsible for safety
of each railroad carrier required to submit a railroad safety
risk reduction program under subsection (a) shall certify that
the contents of the program are accurate and that the railroad
will implement the contents of the program as approved by the
Federal Railroad Administration.
(c) Risk Analysis.--In developing its railroad safety risk
reduction program each railroad required to submit such a
program under subsection (a) shall identify and analyze the
aspects of its railroad, including operating practices,
infrastructure, equipment, employee levels and schedules,
safety culture, management structure, employee training, and
other matters, including those not covered by railroad safety
regulations or other Federal regulations, that impact railroad
safety.
(d) Program Elements.--
(1) In general.--Each railroad required to submit a
railroad safety risk reduction program under subsection
(a) shall develop a comprehensive safety risk reduction
program to improve safety by reducing the number and
rates of accidents, injuries, and fatalities that is
based on the risk analysis required by subsection (c)
through--
(A) the mitigation of aspects that increase
risks to railroad safety; and
(B) the enhancement of aspects that decrease
risks to railroad safety.
(2) Required components.--Each railroad's safety risk
reduction program shall include a technology
implementation plan that meets the requirements of
subsection (e) and a fatigue management plan that meets
the requirements of subsection (f).
(e) Technology Implementation Plan.--
(1) In general.--As part of its railroad safety risk
reduction program, a railroad required to submit a
railroad safety risk reduction program under subsection
(a) shall develop a 10-year technology implementation
plan that describes the railroad's plan for
development, adoption, implementation, and use of
current, new, or novel technologies on its system over
a 10-year period to reduce safety risks identified
under the railroad safety risk reduction program.
(2) Technology analysis.--A railroad's technology
implementation plan shall include an analysis of the
safety impact, feasibility, and cost and benefits of
implementing technologies, including processor-based
technologies, positive train control systems (as
defined in section 20158(b)), electronically controlled
pneumatic brakes, rail integrity inspection systems,
rail integrity warning systems, switch position
indicators, trespasser prevention technology, highway
rail grade crossing technology, and other new or novel
railroad safety technology, as appropriate, that may
mitigate risks to railroad safety identified in the
risk analysis required by subsection (c).
(3) Implementation schedule.--A railroad's technology
implementation plan shall contain a prioritized
implementation schedule for the development, adoption,
implementation, and use of current, new, or novel
technologies on its system to reduce safety risks
identified under the railroad safety risk reduction
program.
(f) Fatigue Management Plan.--
(1) In general.--As part of its railroad safety risk
reduction program, a railroad required to submit a
railroad safety risk reduction program under subsection
(a) for which the analysis under subsection (c) has
shown fatigue to be a significant source of risk shall
develop a fatigue management plan that is designed to
reduce the fatigue experienced by safety-related
railroad employees and to reduce the likelihood of
accidents, injuries, and fatalities caused by fatigue.
(2) Targeted fatigue countermeasures.--A railroad's
fatigue management plan shall take into account the
varying circumstances of operations by the railroad on
different parts of its system, and shall prescribe
appropriate fatigue countermeasures to address those
varying circumstances.
(3) Additional elements.--A railroad shall consider
the need to include in its fatigue management plan
elements addressing each of the following items, as
applicable:
(A) Employee education and training on the
physiological and human factors that affect
fatigue, as well as strategies to reduce or
mitigate the effects of fatigue, based on the
most current scientific and medical research
and literature.
(B) Opportunities for identification,
diagnosis, and treatment of any medical
condition that may affect alertness or fatigue,
including sleep disorders.
(C) Effects on employee fatigue of an
employee's short-term or sustained response to
emergency situations, such as derailments and
natural disasters, or engagement in other
intensive working conditions.
(D) Scheduling practices for employees,
including innovative scheduling practices for
employees, including scheduling procedures, on-
duty call practices, work and rest cycles,
increases in consecutive days off for
employees, changes in shift patterns,
appropriate scheduling practices for varying
types of work, and other aspects of employee
scheduling that would reduce employee fatigue
and cumulative sleep loss.
(E) Methods to minimize accidents and
incidences that occur as a result of working at
times when scientific and medical research have
shown increased fatigue disrupts employees'
circadian rhythm.
(F) Alertness strategies, such as policies on
napping, to address acute sleepiness and
fatigue while an employee is on duty.
(G) Opportunities to obtain restful sleep at
lodging facilities, including employee sleeping
quarters provided by the railroad carrier.
(H) The increase of the number of consecutive
hours of off-duty rest, during which an
employee receives no communication from the
employing railroad carrier or its managers,
supervisors, officers, or agents.
(I) Avoidance of abrupt changes in rest
cycles for employees.
(J) Additional elements that the Secretary
considers appropriate.
(g) Consensus.--
(1) In general.--Each railroad required to submit a
railroad safety risk reduction program under subsection
(a) shall consult with, employ good faith and use its
best efforts to reach agreement with, all of its
directly affected employees, including any non-profit
labor organization representing a class or craft of
directly affected employees of the railroad carrier, on
the contents of the safety risk reduction program.
(2) Statement.--If the railroad carrier and its
directly affected employees, including any nonprofit
employee labor organization representing a class or
craft of directly affected employees of the railroad
carrier, cannot reach consensus on the proposed
contents of the plan, then directly affected employees
and such organization may file a statement with the
Secretary explaining their views on the plan on which
consensus was not reached. The Secretary shall consider
such views during review and approval of the program.
(h) Enforcement.--The Secretary shall have the authority to
assess civil penalties pursuant to chapter 213 for a violation
of this section, including the failure to submit, certify, or
comply with a safety risk reduction program, technology
implementation plan, or fatigue management plan.
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.
Sec. 20159. Roadway user sight distance at highway-rail grade crossings
(a) In General.--Not later than 18 months after the date of
enactment of the Railroad Safety Enhancement Act of 2007, the
Secretary of Transportation shall prescribe regulations that
require each railroad carrier to remove from its active rights-
of-way at all public highway-rail grade crossings, and at all
private highway-rail grade crossings open to unrestricted
public access (as declared in writing by the holder of the
crossing right), grass, brush, shrubbery, trees, and other
vegetation which may materially obstruct the view of a
pedestrian or a vehicle operator for a reasonable distance, as
specified by the Secretary, in either direction of the train's
approach, and to maintain its rights-of-way at all such
crossings free of such vegetation. In prescribing the
regulations, the Secretary shall take into consideration to the
extent practicable--
(1) the type of warning device or warning devices
installed at such crossings;
(2) factors affecting the timeliness and
effectiveness of roadway user decisionmaking, including
the maximum allowable roadway speed, maximum authorized
train speed, angle of intersection, and topography;
(3) the presence or absence of other sight distance
obstructions off the railroad right-of-way; and
(4) any other factors affecting safety at such
crossings.
(b) Protected Vegetation.--In promulgating regulations
pursuant to this section, the Secretary may make allowance for
preservation of trees and other ornamental or protective growth
where State or local law or policy would otherwise protect the
vegetation from removal and where the roadway authority or
private crossing holder is notified of the sight distance
obstruction and, within a reasonable period specified by the
regulation, takes appropriate action to abate the hazard to
roadway users (such as by closing the crossing, posting
supplementary signage, installing active warning devices,
lowering roadway speed, or installing traffic calming devices).
(c) Model Legislation.--Not later than 18 months after the
date of enactment of the Railroad Safety Enhancement Act of
2007, the Secretary, after consultation with the Federal
Railroad Administration, the Federal Highway Administration,
and States, shall develop and make available to States model
legislation providing for improving safety by addressing sight
obstructions, at highway-rail grade crossings that are equipped
solely with passive warnings, as recommended by the Inspector
General of the Department of Transportation in Report No. MH-
2007-044.
Sec. 20160. National crossing inventory
(a) Initial Reporting of Information About Previously
Unreported Crossings.--Not later than 1 year after the date of
enactment of the Railroad Safety Enhancement Act of 2007 or 6
months after a new crossing becomes operational, whichever
occurs later, each railroad carrier shall--
(1) report to the Secretary of Transportation current
information, including information about warning
devices and signage, as specified by the Secretary,
concerning each previously unreported crossing through
which it operates; or
(2) ensure that the information has been reported to
the Secretary by another railroad carrier that operates
through the crossing.
(b) Updating of Crossing Information.--
(1) On a periodic basis beginning not later than 2
years after the date of enactment of the Railroad
Safety Enhancement Act of 2007 and on or before
September 30 of every year thereafter, or as otherwise
specified by the Secretary, each railroad carrier
shall--
(A) report to the Secretary current information,
including information about warning devices and
signage, as specified by the Secretary, concerning each
crossing through which it operates; or
(B) ensure that the information has been reported to
the Secretary by another railroad carrier that operates
through the crossing.
(2) A railroad carrier that sells a crossing or any part of a
crossing on or after the date of enactment of the Railroad
Safety Enhancement Act of 2007 shall, not later than the date
that is 18 months after the date of enactment of that Act or 3
months after the sale, whichever occurs later, or as otherwise
specified by the Secretary, report to the Secretary current
information, as specified by the Secretary, concerning the
change in ownership of the crossing or part of the crossing.
(c) Rulemaking Authority.--The Secretary shall prescribe the
regulations necessary to implement this section. The Secretary
may enforce each provision of the Department of
Transportation's statement of the national highway-rail
crossing inventory policy, procedures, and instruction for
States and railroads that is in effect on the date of enactment
of the Railroad Safety Enhancement Act of 2007, until such
provision is superseded by a regulation issued under this
section.
(d) Definitions.--In this section:
(1) Crossing.--The term ``crossing'' means a location
within a State, other than a location where one or more
railroad tracks cross one or more railroad tracks
either at grade or grade-separated, where--
(A) a public highway, road, or street, or a
private roadway, including associated sidewalks
and pathways, crosses one or more railroad
tracks either at grade or grade-separated; or
(B) a pathway explicitly authorized by a
public authority or a railroad that is
dedicated for the use of nonvehicular traffic,
including pedestrians, bicyclists, and others,
that is not associated with a public highway,
road, or street, or a private roadway, crosses
one or more railroad tracks either at grade or
grade-separated.
(2) State.--The term ``State'' means a State of the
United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
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.
Sec. 20162. Employee training
(a) In General.--Not later than 1 year after the date of
enactment of the Railroad Safety Enhancement Act of 2007, the
Secretary of Transportation shall issue regulations requiring
railroad carriers and railroad carrier contractors and
subcontractors to develop training plans for crafts and classes
of employees, as the Secretary determines appropriate.
(b) Contents.--The Secretary shall require that each training
plan--
(1) clearly identify the class of craft of employees
to which the plan applies;
(2) require that employees be trained on the
requirements of relevant Federal railroad safety laws,
regulations, and orders;
(3) require employees to be tested or otherwise
demonstrate their proficiency in the subject matter of
the training; and
(4) contain any other relevant information that the
Secretary deems appropriate.
(c) Submission for Approval.--The Secretary shall require
each railroad carrier, railroad carrier contractor, and
railroad carrier subcontractor to submit its training plan to
the Federal Railroad Administration for review and approval.
(d) Exemption.--The Secretary may exempt railroad carriers
and railroad carrier contractors and subcontractors from
submitting training plans covering employees for which the
Secretary has issued training regulations before the date of
enactment of the Railroad Safety Enhancement Act of 2007.
Sec. 20163. Railroad safety technology grants
(a) Grant Program.--The Secretary of Transportation shall
establish a grant program for the deployment of train control
technologies, train control component technologies, processor-
based technologies, electronically controlled pneumatic brakes,
rail integrity inspection systems, rail integrity warning
systems, switch position indicators, remote control power
switch technologies, track integrity circuit technologies, and
other new or novel railroad safety technology.
(b) Grant Criteria.--
(1) Eligibility.--Grants shall be made under this
section to eligible passenger and freight railroad
carriers, railroad suppliers, and State and local
governments for projects described in subsection (a)
that have a public benefit of improved safety and
network efficiency.
(2) Considerations.--Priority shall be given to
projects that--
(A) focus on making technologies
interoperable between railroad systems, such as
train control technologies;
(B) provide incentives for train control
technology deployment on high-risk corridors,
such as those that have high volumes of
hazardous materials shipments or over which
commuter or passenger trains operate; or
(C) benefit both passenger and freight safety
and efficiency.
(3) Technology implementation plan.--Grants may not
be awarded under this section to entities that fail to
develop and submit to the Secretary a technology
implementation plan as required by section 20157(d)(2).
(c) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Transportation $20,000,000
for each of fiscal years 2008 through 2013 to carry out this
section. Amounts appropriated pursuant to this section shall
remain available until expended.
Sec. 20164. Railroad safety infrastructure improvement grants
(a) Grant Program.--The Secretary of Transportation shall
establish a grant program for safety improvements to railroad
infrastructure, including the acquisition, improvement, or
rehabilitation of intermodal or rail equipment or facilities,
including track, bridges, tunnels, yards, buildings, passenger
stations, facilities, and maintenance and repair shops.
(b) Eligibility.--Grants shall be made under this section to
eligible passenger and freight railroad carriers, and State and
local governments for projects described in subsection (a).
(c) Considerations.--In awarding grants the Secretary shall
consider, at a minimum--
(1) the age and condition of the rail infrastructure
of the applicant;
(2) the railroad's safety record, including accident
and incident numbers and rates;
(3) the volume of hazardous materials transported by
the railroad;
(4) the operation of passenger trains over the
railroad; and
(5) whether the railroad has submitted a railroad
safety risk reduction program, as required by section
20157.
(d) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Transportation $15,000,000
for each of fiscal years 2008 through 2013 to carry out this
section. Amounts appropriated pursuant to this subsection shall
remain available until expended.
Sec. 20165. Development and use of rail safety technology
(a) In General.--Not later than 1 year after enactment of the
Railroad Safety Enhancement Act of 2007, the Secretary of
Transportation shall issue standards, guidance, regulations, or
orders governing the development, use, and implementation of
rail safety technology in dark territory, in arrangements not
defined in section 20501 or otherwise not covered by Federal
standards, guidance, regulations, or orders that ensures its
safe operation, such as--
(1) switch position monitoring devices;
(2) radio, remote control or other power-assisted
switches;
(3) hot box, high water or earthquake detectors;
(4) remote control locomotive zone limiting devices;
(5) slide fences;
(6) grade crossing video monitors;
(7) track integrity warning systems;
(8) or other similar rail safety technologies, as
determined by the Secretary.
(b) Dark Territory Defined.--In this section, the term ``dark
territory'' means any territory in a railroad system that does
not have a signal or train control system installed or
operational.
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).
SUBTITLE V. RAIL PROGRAMS
PART A. SAFETY
CHAPTER 203. SAFETY APPLIANCES
Sec. 20303. Moving defective and insecure vehicles needing repairs
(a) General.--A vehicle that is equipped in compliance with
this chapter whose equipment becomes defective or insecure
nevertheless may be moved when necessary to make repairs,
without a penalty being imposed under section 21302 of this
title, from the place at which the defect or insecurity was
first discovered to the nearest available place at which the
repairs can be made--
(1) on the railroad line on which the defect or
insecurity was discovered; or
(2) at the option of a connecting railroad carrier,
on the railroad line of the connecting carrier, if not
farther than the place of repair described in clause
(1) of this subsection.
(b) Use of chains instead of drawbars.--A vehicle in a
revenue train or in association with commercially-used vehicles
may be moved under this section with chains instead of drawbars
only when the vehicle contains livestock or perishable freight.
(c) Liability.--The movement of a vehicle under this section
is at the risk only of the railroad carrier doing the moving.
This section does not relieve a carrier from liability in a
proceeding to recover damages for death or injury of a railroad
employee arising from the movement of a vehicle with equipment
that is defective, insecure, or not maintained in compliance
with this chapter.
(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).
CHAPTER 211. HOURS OF SERVICE
Sec. 21101. Definitions
In this chapter--
(1) ``designated terminal'' means the home or away-
from-home terminal for the assignment of a particular
crew.
(2) ``dispatching service employee'' means an
operator, train dispatcher, or other train employee who
by the use of an electrical or mechanical device
dispatches, reports, transmits, receives, or delivers
orders related to or affecting train movements.
(3) ``employee'' means a dispatching service
employee, a signal employee, or a train employee.
(4) ``signal employee'' means an individual [employed
by a railroad carrier] who is engaged in installing,
repairing, or maintaining railroad signal systems.
(5) ``train employee'' means an individual engaged in
or connected with the movement of a train, including a
hostler.
[Sec. 21102. Nonapplication and exemption]
Sec. 21102. Nonapplication, exemption, and alternate hours of service
regime
(a) General.--This chapter does not apply to a situation
involving any of the following:
(1) a casualty.
(2) an unavoidable accident.
(3) an act of God.
(4) 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.
(b) Exemption.--The Secretary of Transportation may exempt a
railroad carrier having not more than 15 employees covered by
this chapter from the limitations imposed by this chapter. The
Secretary may allow the exemption after a full hearing, for
good cause shown, and on deciding that the exemption is in the
public interest and will not affect safety adversely. The
exemption shall be for a specific period of time and is subject
to review at least annually. The exemption may not authorize a
carrier to require or allow its employees to be on duty more
than a total of 16 hours in a 24-hour period.
(c) Alternate Hours of Service Regime.--A railroad carrier
and its directly affected employees or a non-profit employee
labor organization that represents such employees may jointly
develop and submit for approval to the Secretary an alternate
hours of service regime to that provided in this chapter that
would increase the maximum hours an employee may be required or
allowed to go or remain on duty or decrease the minimum hours
an employee may be required to rest and would become effective
no earlier than 1 year after the date of enactment of the
Railroad Safety Enhancement Act of 2007. The Secretary may
consider such a request anytime after the date of enactment of
the Railroad Safety Enhancement Act of 2007 and may approve
such a request only after providing an opportunity for public
notice and comment and determining that the proposed hours of
service regime is in the public interest and will not adversely
affect railroad safety. The exemption shall be for a specific
period of time and shall be subject to review upon a schedule
determined appropriate by the Secretary.
Sec. 21103. Limitations on duty hours of train employees
[(a) General.--Except as provided in subsection (c) of this
section, a railroad carrier and its officers and agents may not
require or allow a train employee to remain or go on duty--
[(1) unless that employee has had at least 8
consecutive hours off duty during the prior 24 hours;
or
[(2) after that employee has been on duty for 12
consecutive hours, until that employee has had at least
10 consecutive hours off duty.]
(a) In General.--Except as provided in subsection (d) of this
section, a railroad carrier and its officers and agents may not
require or allow a train employee to--
(1) remain or go on duty in any calendar month where
the employee had spent a total of 276 hours--
(A) on duty; or
(B) waiting for transportation, or in
deadhead transportation, to a place of final
release;
(2) remain or go on duty for a period in excess of 12
consecutive hours;
(3) remain or go on duty unless that employee has had
at least 10 consecutive hours off duty during the prior
24 hours; and
(4) remain or go on duty after that employee has
initiated an on-duty period each day for--
(A) 6 consecutive days, unless that employee
has had at least 48 consecutive hours off duty
at the employee's home terminal during which
time the employee is unavailable for any
service for any railroad carrier; or
(B) 7 consecutive days, if permitted by a
collective bargaining agreement, unless that
employee has had at least 72 consecutive hours
off duty at the employee's home terminal during
which time the employee is unavailable for any
service for any railroad carrier.
The Secretary may waive paragraph (4), consistent with the
procedural requirements of section 20103, if a collective
bargaining agreement provides a different arrangement and such
an arrangement is in the public interest and consistent with
railroad safety.
(b) Determining time on duty.--In determining under
subsection (a) of this section the time a train employee is on
or off duty, the following rules apply:
(1) Time on duty begins when the employee reports for
duty and ends when the employee is finally released
from duty.
(2) Time the employee is engaged in or connected with
the movement of a train is time on duty.
(3) Time spent performing any other service for the
railroad carrier during a 24-hour period in which the
employee is engaged in or connected with the movement
of a train is time on duty.
(4) Time spent in deadhead transportation to a duty
assignment is time on duty, but time spent in deadhead
transportation from a duty assignment to the place of a
final release is neither time on duty nor time off
duty.
(5) An interim period available for rest at a place
other than a designated terminal is time on duty.
(6) An interim period available for less than 4 hours
rest at a designated terminal is time on duty.
(7) An interim period available for at least 4 hours
rest at a place with suitable facilities for food and
lodging is not time on duty when the employee is
prevented from getting to the employee's designated
terminal by any of the following:
(A) a casualty.
(B) a track obstruction.
(C) an act of God.
(D) a derailment or major equipment failure
resulting from a cause that was unknown and
unforeseeable to the railroad carrier or its
officer or agent in charge of that employee
when that employee left the designated
terminal.
(c) Limbo Time Limitation and Additional Rest Requirement.--
(1) A railroad carrier may not require or allow an
employee to remain or go on duty in excess of 15 hours
of time on duty and time waiting for deadhead
transportation on a train, not including interim rest
periods unless the train carrying the employee is
directly delayed by--
(A) a casualty;
(B) an accident;
(C) an act of God;
(D) a derailment;
(E) a major equipment failure that prevents
the train from advancing; or
(F) a delay resulting from a cause unknown
and unforeseeable to a railroad carrier or its
officer or agent in charge of the employee when
the employee left a terminal.
(2) Each railroad shall report to the Secretary, in
accordance with procedures established by the
Secretary, each instance where an employee subject to
this section spends time waiting for deadhead
transportation on a train in excess of the requirements
of paragraph (1).
(3) A railroad carrier and its officers and agents
shall provide, at the election of employees subject to
this section at the beginning of the employee's off-
duty period additional time off duty equal to the
number of hours that such sum exceeds 12 hours if--
(A) the time spent waiting for
transportation, or in deadhead transportation,
from a duty assignment to the place of final
release that is not time on duty, plus
(B) the time on duty,
exceeds 12 consecutive hours.
[(c)] (d) Emergencies.--A train employee on the crew of a
wreck or relief train may be allowed to remain or go on duty
for not more than 4 additional hours in any period of 24
consecutive hours when an emergency exists and the work of the
crew is related to the emergency. In this subsection, an
emergency ends when the track is cleared and the railroad line
is open for traffic.
(e) Communication During Time Off Duty.--During a train
employee's minimum off-duty period of 10 consecutive hours, as
provided under subsection (a), during an interim period of at
least 4 consecutive hours available for rest under subsection
(b)(7), or during additional off duty hours elected to be taken
by an employee under paragraph (b)(3), a railroad carrier, and
its managers, supervisors, officers, and agents, shall not
communicate with the train employee by telephone, by pager, or
in any other manner that could reasonably be expected to
disrupt the employee's rest. Nothing in this subsection shall
prohibit communication necessary to notify an employee of an
emergency situation, as defined by the Secretary. The Secretary
may waive the requirements of this paragraph for commuter or
intercity passenger railroads if the Secretary determines that
such a waiver will not reduce safety and is necessary to
maintain such railroads' efficient operations and on-time
performance of its trains.
Sec. 21104. Limitations on duty hours of signal employees
[(a) General.--
[(1) In paragraph (2)(C) of this subsection, ``24-
hour period'' means the period beginning when a signal
employee reports for duty immediately after 8
consecutive hours off duty or, when required under
paragraph (2)(B) of this subsection, after 10
consecutive hours off duty.
[(2) Except as provided in subsection (c) of this
section, a railroad carrier and its officers and agents
may not require or allow a signal employee to remain or
go on duty--
[(A) unless that employee has had at least 8
consecutive hours off duty during the prior 24
hours;
[(B) after that employee has been on duty for
12 consecutive hours, until that employee has
had at least 10 consecutive hours off duty; or
[(C) after that employee has been on duty a
total of 12 hours during a 24-hour period, or
after the end of that 24-hour period, whichever
occurs first, until that employee has had at
least 8 consecutive hours off duty.]
(a) In General.--Except as provided in subsection (c) of this
section, a railroad carrier and its officers and agents may not
require or allow its signal employee to remain or go on duty
and a contractor or subcontractor to a railroad may not require
or allow one of its signal employees to remain or go on duty --
(1) for a period in excess of 12 consecutive hours;
or
(2) unless that employee has had at least 10
consecutive hours off duty during the prior 24 hours.
(b) Determining time on duty.--In determining under
subsection (a) of this section the time a signal employee is on
duty or off duty, the following rules apply:
(1) Time on duty begins when the employee reports for
duty and ends when the employee is finally released
from duty.
(2) Time spent performing any other service for the
railroad carrier during a 24-hour period in which the
employee is engaged in installing, repairing, or
maintaining signal systems is time on duty.
(3) Time spent returning from a trouble call, whether
the employee goes directly to the employee's residence
or by way of the employee's headquarters, is neither
time on duty nor time off [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.] duty.
(4) If, at the end of scheduled duty hours, an
employee has not completed the trip from the final
outlying worksite of the duty period to the employee's
headquarters or directly to the employee's residence,
the time after the scheduled duty hours necessarily
spent in completing the trip to the residence or
headquarters is neither time on duty nor time off duty.
(5) If an employee is released from duty at an
outlying worksite before the end of the employee's
scheduled duty hours to comply with this section, the
time necessary for the trip from the worksite to the
employee's headquarters or directly to the employee's
residence is neither time on duty nor time off duty.
(6) Time spent in transportation on an ontrack
vehicle, including time referred to in paragraphs (3)-
(5) of this subsection, is time on duty.
(7) A regularly scheduled meal period or another
release period of at least 30 minutes but not more than
one hour is time off duty and does not break the
continuity of service of the employee under this
section, but a release period of more than one hour is
time off duty and does break the continuity of service.
(c) Emergencies.--A signal employee may be allowed to remain
or go on duty for not more than 4 additional hours in any
period of 24 consecutive hours when an emergency exists and the
work of that employee is related to the emergency. in this
subsection, an emergency ends when the signal system is
restored to service. 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.
(d) Communication During Time Off Duty.--During a signal
employee's minimum off-duty period of 10 consecutive hours, as
provided under subsection (a), a railroad carrier, and its
managers, supervisors, officers, and agents, shall not
communicate with the signal employee by telephone, by pager, or
in any other manner that could reasonably be expected to
disrupt the employee's rest. Nothing in this subsection shall
prohibit communication necessary to notify an employee of an
emergency situation, as defined by the Secretary.
(e) Exclusivity.--The hours of service, duty hours, and rest
periods of signal employees shall be governed exclusively by
this chapter. Signal employees operating motor vehicles shall
not be subject to any hours of service rules, duty hours or
rest period rules promulgated by any Federal authority,
including the Federal Motor Carrier Safety Administration,
other than the Federal Railroad Administration.
Sec. 21106. Limitations on employee sleeping quarters
(a) In General._A railroad carrier and its officers and
agents--
(1) may provide sleeping quarters (including crew
quarters, camp or bunk cars, and trailers) for
employees, and any individuals employed to maintain the
right of way of a railroad carrier, only if the
sleeping quarters are clean, safe, and [sanitary and
give those employees and individuals an opportunity for
rest free from the interruptions caused by noise under
the control of the carrier;] 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
(2) may not begin, after July 7, 1976, construction
or reconstruction of sleeping quarters referred to in
clause (1) of this section in an area or in the
immediate vicinity of an area, as determined under
regulations prescribed by the Secretary of
Transportation, in which railroad switching or humping
operations are performed.
(b) Camp Cars.--No later than 12 months after the date of
enactment of the Railroad Safety Enhancement Act of 2007, the
Secretary, in consultation with the Secretary of Labor, shall
issue regulations governing the use of camp cars, pursuant to
subsection (a)(1), for employees and any individuals employed
to maintain the right of way of a railroad carrier. The
regulations may also prohibit the use of camp cars, if
necessary, to protect the health and safety of the employees.
* * * * * * *
Sec. 21109. Regulatory authority
(a) In General.--In order to improve safety and reduce
employee fatigue, the Secretary may issue regulations--
(1) to reduce the maximum hours an employee may be
required or allowed to go or remain on duty to a level
less than the level established under this chapter;
(2) to increase the minimum hours an employee may be
required or allowed to rest to a level greater than the
level established under this chapter;
(3) to limit or eliminate the amount of time an
employee spends waiting for or in deadhead
transportation to the place of final release that is
considered neither on duty nor off duty under this
chapter;
(4) to make changes to the number of hours an
employee may spend waiting on a train for deadhead
transportation to the place of final release that is
considered neither on duty nor off duty that provide
for an equivalent level of safety as the level
established under this chapter;
(5) to make changes to the requirements of off-duty
communications with employees that provide for an
equivalent level of safety as the level established
under this chapter;
(6) for signal employees--
A) to limit or eliminate the amount of time
that is considered to be neither on duty nor
off duty under this chapter that an employee
spends returning from an outlying worksite
after scheduled duty hours or returning from a
trouble call to the employee's headquarters or
directly to the employee's residence; and
(B) to increase the amount of time that
constitutes a release period, that does not
break the continuity of service and is
considered time off duty; and
(7) to require other changes to railroad operating
and scheduling practices that could affect employee
fatigue and railroad safety.
(b) Considerations.--In issuing regulations under subsection
(a) the Secretary shall consider scientific and medical
research related to fatigue and fatigue abatement, railroad
scheduling and operating practices that improve safety or
reduce employee fatigue, a railroad's use of new or novel
technology intended to reduce or eliminate human error, the
variations in freight and passenger railroad scheduling
practices and operating conditions, the variations in duties
and operating conditions for employees subject to this chapter,
a railroad's required or voluntary use of fatigue management
plans covering employees subject to this chapter, and any other
relevant factors.
(c) Time Limits.--If the Secretary requests that the Railroad
Safety Advisory Committee accept the task of developing
regulations under paragraph (a) and the Committee accepts the
task, the Committee shall reach consensus on the rulemaking
within 18 months after accepting the task. If the Committee
does not reach consensus within 18 months after the Secretary
makes the request, the Secretary shall prescribe appropriate
regulations within 18 months. If the Secretary does not request
that the Railroad Safety Advisory Committee accept the task of
developing regulations under subsection (a), the Secretary
shall issue regulations within 3 years after the date of
enactment of the Railroad Safety Enhancement Act of 2007.
(d) Pilot Projects.--
(1) In general.--Not later than 2 years after the
date of enactment of the Railroad Safety Enhancement
Act of 2007, the Secretary shall conduct at least 2
pilot projects of sufficient size and scope to analyze
specific practices which may be used to reduce fatigue
for train and engine and other railroad employees as
follows:
(A) A pilot project at a railroad or railroad
facility to evaluate the efficacy of
communicating to employees notice of their
assigned shift time 10 hours prior to the
beginning of their assigned shift as a method
for reducing employee fatigue.
(B) A pilot project at a railroad or railroad
facility to evaluate the efficacy of requiring
railroads who use employee scheduling practices
that subject employees to periods of
unscheduled duty calls to assign employees to
defined or specific unscheduled call shifts
that are followed by shifts not subject to
call, as a method for reducing employee
fatigue.
(2) Waiver.--The Secretary may temporarily waive the
requirements of this section, if necessary, to complete
a pilot project under this subsection.
(e) Duty Call Defined.--In this section the term ``duty
call'' means a telephone call that a railroad places to an
employee to notify the employee of his or her assigned shift
time.
CHAPTER 213. PENALTIES
SUBCHAPTER I. CIVIL PENALTIES
Sec. 21301. Chapter 201 general violations
(a) Penalty.--
(1) A person may not fail to comply with section
20160 or with a regulation prescribed or order issued
by the Secretary of Transportation under chapter 201 of
this title. Subject to section 21304 of this title, a
person violating section 20157 of this title or a
regulation prescribed or order issued by the Secretary
under chapter 201 is liable to the United States
Government for a civil penalty. The Secretary shall
impose the penalty applicable under paragraph (2) of
this subsection. A separate violation occurs for each
day the violation continues.
(2) The Secretary shall include in, or make
applicable to, each regulation prescribed and order
issued under chapter 201 of this title a civil penalty
for a violation. The Secretary shall impose a civil
penalty for a violation of section 20160 of this title.
The amount of the penalty shall be at least $500 but
not more than [$10,000.] $25,000. However, when a
grossly negligent violation or a pattern of repeated
violations has caused an imminent hazard of death or
injury to individuals, or has caused death or injury,
the amount may be not more than [$20,000.] $100,000
(3) The Secretary may compromise the amount of a
civil penalty imposed under this subsection to not less
than $500 before referring the matter to the Attorney
General for collection. In determining the amount of a
compromise, the Secretary shall consider--
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, the degree
of culpability, any history of violations, the
ability to pay, and any effect on the ability
to continue to do business; and
(C) other matters that justice requires.
(b) Setoff.--The Government may deduct the amount of a civil
penalty imposed or compromised under this section from amounts
it owes the person liable for the penalty.
(c) Deposit in Treasury.--A civil penalty collected under
this section or section 20113(b) of this title shall be
deposited in the Treasury as miscellaneous receipts.
Sec. 21302. Chapter 201 accident and incident violations and chapter
203-209 violations
(a) Penalty.--
(1) Subject to section 21304 of this title, a person
violating a regulation prescribed or order issued under
chapter 201 of this title related to accident and
incident reporting or investigation, or violating
chapters 203-209 of this title or a regulation or
requirement prescribed or order issued under chapters
203-209, is liable to the United States Government for
a civil penalty. An act by an individual that causes a
railroad carrier to be in violation is a violation. A
separate violation occurs for each day the violation
continues.
(2) The Secretary of Transportation imposes a civil
penalty under this subsection. The amount of the
penalty shall be at least $500 but not more than
[$10,000.] $25,000. However, when a grossly negligent
violation or a pattern of repeated violations has
caused an imminent hazard of death or injury to
individuals, or has caused death or injury, the amount
may be not more than [$20,000.] $100,000.
(3) The Secretary may compromise the amount of the
civil penalty under section 3711 of title 31. In
determining the amount of a compromise, the Secretary
shall consider--
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, the degree
of culpability, any history of violations, the
ability to pay, and any effect on the ability
to continue to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount
of the civil penalty, the Secretary shall refer the
matter to the Attorney General for collection.
(b) Civil actions to collect.--The Attorney General shall
bring a civil action in a district court of the United States
to collect a civil penalty that is referred to the Attorney
General for collection under subsection (a) of this section.
The action may be brought in the judicial district in which the
violation occurred or the defendant has its principal executive
office. If the action is against an individual, the action also
may be brought in the judicial district in which the individual
resides.
Sec. 21303. Chapter 211 violations
(a) Penalty.--
(1) Subject to section 21304 of this title, a person
violating chapter 211 of this title, or violating any
provision of a waiver applicable to that person that
has been granted under section 21108 of this title, is
liable to the United States Government for a civil
penalty. An act by an individual that causes a railroad
carrier to be in violation is a violation. For a
violation of section 21106 of this title, a separate
violation occurs for each day a facility is not in
compliance.
(2) The Secretary of Transportation imposes a civil
penalty under this subsection. The amount of the
penalty shall be at least $500 but not more than
[$10,000.] $25,000. However, when a grossly negligent
violation or a pattern of repeated violations has
caused an imminent hazard of death or injury to
individuals, or has caused death or injury, the amount
may be not more than [$20,000.] $100,000.
(3) The Secretary may compromise the amount of the
civil penalty under section 3711 of title 31. In
determining the amount of a compromise, the Secretary
shall consider--
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, the degree
of culpability, any history of violations, the
ability to pay, and any effect on the ability
to continue to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount
of the civil penalty, the Secretary shall refer the
matter to the Attorney General for collection.
(b) Civil actions to collect.--
(1) The Attorney General shall bring a civil action
in a district court of the United States to collect a
civil penalty that is referred to the Attorney General
for collection under subsection (a) of this section
after satisfactory information is presented to the
Attorney General. The action may be brought in the
judicial district in which the violation occurred or
the defendant has its principal executive office. If
the action is against an individual, the action also
may be brought in the judicial district in which the
individual resides.
(2) A civil action under this subsection must be
brought not later than 2 years after the date of the
violation unless administrative notification under
section 3711 of title 31 is given within that 2-year
period to the person committing the violation. However,
even if notification is given, the action must be
brought within the period specified in section 2462 of
title 28.
(c) Imputation of knowledge.--In any proceeding under this
section, a railroad carrier is deemed to know the acts of its
officers and agents.
PART C-PASSENGER TRANSPORTATION
CHAPTER 243. AMTRAK
* * * * * * *
Sec. 24316. Plans to address needs of families of passengers involved
in rail passenger accidents
(a) Submission of Plan.--Not later than 6 months after the
date of the enactment of the Railroad Safety Enhancement Act of
2007, a rail passenger carrier shall submit to the Chairman of
the National Transportation Safety Board, the Secretary of
Transportation, and the Secretary of Homeland Security a plan
for addressing the needs of the families of passengers involved
in any rail passenger accident involving a rail passenger
carrier intercity train and resulting in a major loss of life.
(b) Contents of Plans.--The plan to be submitted by a rail
passenger carrier under subsection (a) shall include, at a
minimum, the following:
(1) A process by which a rail passenger carrier will
maintain and provide to the National Transportation
Safety Board, the Secretary of Transportation, and the
Secretary of Homeland Security, immediately upon
request, a list (which is based on the best available
information at the time of the request) of the names of
the passengers aboard the train (whether or not such
names have been verified), and will periodically update
the list. The plan shall include a procedure, with
respect to unreserved trains and passengers not holding
reservations on other trains, for a rail passenger
carrier to use reasonable efforts to ascertain the
number and names of passengers aboard a train involved
in an accident.
(2) A plan for creating and publicizing a reliable,
toll-free telephone number within 4 hours after such an
accident occurs, and for providing staff, to handle
calls from the families of the passengers.
(3) A process for notifying the families of the
passengers, before providing any public notice of the
names of the passengers, by suitably trained
individuals.
(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as a
rail passenger carrier has verified that the passenger
was aboard the train (whether or not the names of all
of the passengers have been verified).
(5) A process by which the family of each passenger
will be consulted about the disposition of all remains
and personal effects of the passenger within a rail
passenger carrier's control; that any possession of the
passenger within a rail passenger carrier's control
will be returned to the family unless the possession is
needed for the accident investigation or any criminal
investigation; and that any unclaimed possession of a
passenger within a rail passenger carrier's control
will be retained by the rail passenger carrier for at
least 18 months.
(6) A process by which the treatment of the families
of nonrevenue passengers will be the same as the
treatment of the families of revenue passengers.
(7) An assurance that a rail passenger carrier will
provide adequate training to its employees and agents
to meet the needs of survivors and family members
following an accident.
(c) Use of Information.--Neither the National Transportation
Safety Board, the Secretary of Transportation, the Secretary of
Homeland Security, nor a rail passenger carrier may release any
personal information on a list obtained under subsection (b)(1)
but may provide information on the list about a passenger to
the family of the passenger to the extent that the Board or a
rail passenger carrier considers appropriate.
(d) Limitation on Liability.--A rail passenger carrier shall
not be liable for damages in any action brought in a Federal or
State court arising out of the performance of a rail passenger
carrier under this section in preparing or providing a
passenger list, or in providing information concerning a train
reservation, pursuant to a plan submitted by a rail passenger
carrier under subsection (b), unless such liability was caused
by a rail passenger carrier's gross negligence or extreme
misconduct.
(e) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that a rail
passenger carrier may take, or the obligations that a rail
passenger carrier may have, in providing assistance to the
families of passengers involved in a rail passenger accident.
(f) Funding.--Out of funds appropriated pursuant to section
20117(a)(1)(A), there shall be made available to the Secretary
of Transportation $500,000 for fiscal year 2008 to carry out
this section. Amounts made available pursuant to this
subsection shall remain available until expended.
PART E. MISCELLANEOUS
CHAPTER 281. LAW ENFORCEMENT
Sec. 28104. Federal rail security officers' access to information
(a) Access to Records or Database Systems by the
Administrator of the Federal Railroad Administration.--
(1) In general.--The Administrator of the Federal
Railroad Administration is authorized to have access to
a system of documented criminal justice information
maintained by the Department of Justice or by a State
for the purpose of carrying out the civil and
administrative responsibilities of the Administrator to
protect the safety, including security, of railroad
operations and for other purposes authorized by law,
including the National Crime Prevention and Privacy
Compact (42 U.S.C. 14611-14616). The Administrator
shall be subject to the same conditions or procedures
established by the Department of Justice or State for
access to such an information system by other
governmental agencies with access to the system.
(2) Limitation.--The Administrator may not use the
access authorized under paragraph (1) to conduct
criminal investigations.
(b) Designated Employees of the Federal Railroad
Administration.--The Administrator shall, by order, designate
each employee of the Administration whose primary
responsibility is rail security who shall carry out the
authority described in subsection (a). The Administrator shall
strictly limit access to a system of documented criminal
justice information to persons with security responsibilities
and with appropriate security clearances. Such a designated
employee may, insofar as authorized or permitted by the
National Crime Prevention and Privacy Compact or other law or
agreement governing an affected State with respect to such a
State--
(1) have access to and receive criminal history,
driver, vehicle, and other law enforcement information
contained in the law enforcement databases of the
Department of Justice, or of any jurisdiction in a
State in the same manner as a police officer employed
by a State or local authority of that State who is
certified or commissioned under the laws of that State;
(2) use any radio, data link, or warning system of
the Federal Government and of any jurisdiction in a
State that provides information about wanted persons,
be-on-the-lookout notices, or warrant status or other
officer safety information to which a police officer
employed by a State or local authority in that State
who is certified or commissioned under the laws of that
State has access and in the same manner as such police
officer; or
(3) receive Federal, State, or local government
communications with a police officer employed by a
State or local authority in that State in the same
manner as a police officer employed by a State or local
authority in that State who is commissioned under the
laws of that State.
(c) System of Documented Criminal Justice Information
Defined.--In this section, the term ``system of documented
criminal justice information'' means any law enforcement
database, systems, or communications containing information
concerning identification, criminal history, arrests,
convictions, arrest warrants, or wanted or missing persons,
including the National Crime Information Center and its
incorporated criminal history databases and the National Law
Enforcement Telecommunications System.
* * * * * * *
TITLE 23. HIGHWAYS
CHAPTER 1. FEDERAL-AID HIGHWAYS
Sec. 130. Railway-highway crossings
(a) Subject to section 120 and subsection (b) of this
section, the entire cost of construction of projects for the
elimination of hazards of railway-highway crossings, including
the separation or protection of grades at crossings, the
reconstruction of existing railroad grade crossing structures,
and the relocation of highways to eliminate grade crossings,
may be paid from sums apportioned in accordance with section
104 of this title. In any case when the elimination of the
hazards of a railway-highway crossing can be effected by the
relocation of a portion of a railway at a cost estimated by the
Secretary to be less than the cost of such elimination by one
of the methods mentioned in the first sentence of this section,
then the entire cost of such relocation project, subject to
section 120 and subsection (b) of this section, may be paid
from sums apportioned in accordance with section 104 of this
title.
(b) The Secretary may classify the various types of projects
involved in the elimination of hazards of railway-highway
crossings, and may set for each such classification a
percentage of the costs of construction which shall be deemed
to represent the net benefit to the railroad or railroads for
the purpose of determining the railroad's share of the cost of
construction. The percentage so determined shall in no case
exceed 10 per centum. The Secretary shall determine the
appropriate classification of each project.
(c) Any railroad involved in a project for the elimination of
hazards of railway-highway crossings paid for in whole or in
part from sums made available for expenditure under this title,
or prior Acts, shall be liable to the United States for the net
benefit to the railroad determined under the classification of
such project made pursuant to subsection (b) of this section.
Such liability to the United States may be discharged by direct
payment to the State transportation department of the State in
which the project is located, in which case such payment shall
be credited to the cost of the project. Such payment may
consist in whole or in part of materials and labor furnished by
the railroad in connection with the construction of such
project. If any such railroad fails to discharge such liability
within a six-month period after completion of the project, it
shall be liable to the United States for its share of the cost,
and the Secretary shall request the Attorney General to
institute proceedings against such railroad for the recovery of
the amount for which it is liable under this subsection. The
Attorney General is authorized to bring such proceedings on
behalf of the United States, in the appropriate district court
of the United States, and the United States shall be entitled
in such proceedings to recover such sums as it is considered
and adjudged by the court that such railroad is liable for in
the premises. Any amounts recovered by the United States under
this subsection shall be credited to miscellaneous receipts.
(d) Survey and schedule of projects.--Each State shall
conduct and systematically maintain a survey of all highways to
identify those railroad crossings which may require separation,
relocation, or protective devices, and establish and implement
a schedule of projects for this purpose. At a minimum, such a
schedule shall provide signs for all railway-highway crossings.
(e) Funds for protective devices.--
(1) In general.--Before making an apportionment under
section 104(b)(5) for a fiscal year, the Secretary
shall set aside, from amounts made available to carry
out the highway safety improvement program under
section 148 for such fiscal year, at least $220,000,000
for the elimination of hazards and the installation of
protective devices at railway-highway crossings. At
least \1/2\ of the funds authorized for and expended
under this section shall be available for the
installation of protective devices at railway-highway
crossings. Sums authorized to be appropriated to carry
out this section shall be available for obligation in
the same manner as funds apportioned under section
104(b)(1) of this title.
(2) Special rule.--If a State demonstrates to the
satisfaction of the Secretary that the State has met
all its needs for installation of protective devices at
railway-highway crossings, the State may use funds made
available by this section for other purposes under this
subsection.
(f) Apportionment.--
(1) Formula.--Fifty percent of the funds set aside to
carry out this section pursuant to subsection (e)(1)
shall be apportioned to the States in accordance with
the formula set forth in section 104(b)(3)(A), and 50
percent of such funds shall be apportioned to the
States in the ratio that total public railway-highway
crossings in each State bears to the total of such
crossings in all States.
(2) Minimum apportionment.--Notwithstanding paragraph
(1), each State shall receive a minimum of one-half of
1 percent of the funds apportioned under paragraph (1).
(3) Federal share.--The Federal share payable on
account of any project financed with funds set aside to
carry out this section shall be 90 percent of the cost
thereof.
(g) Annual report.--Each State shall report to the Secretary
not later than December 30 of each year on the progress being
made to implement the railway-highway crossings program
authorized by this section and the effectiveness of such
improvements. Each State report shall contain an assessment of
the costs of the various treatments employed and subsequent
accident experience at improved locations. The Secretary shall
submit a report to the Committee on Environment and Public
Works and the Committee on Commerce, Science, and
Transportation, of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, not later than April 1, 2006, and every 2
years thereafter,[,] on the progress being made by the State in
implementing projects to improve railway-highway crossings. The
report shall include, but not be limited to, the number of
projects undertaken, their distribution by cost range, road
system, nature of treatment, and subsequent accident experience
at improved locations. In addition, the Secretary's report
shall analyze and evaluate each State program, identify any
State found not to be in compliance with the schedule of
improvements required by subsection (d) and include
recommendations for future implementation of the railroad
highway crossings program.
(h) Use of funds for matching.--Funds authorized to be
appropriated to carry out this section may be used to provide a
local government with funds to be used on a matching basis when
State funds are available which may only be spent when the
local government produces matching funds for the improvement of
railway-highway crossings.
(i) Incentive payments for at-grade crossing closures.--
(1) In general.--Notwithstanding any other provision
of this section and subject to paragraphs (2) and (3),
a State may, from sums available to the State under
this section, make incentive payments to local
governments in the State upon the permanent closure by
such governments of public at-grade railway-highway
crossings under the jurisdiction of such governments.
(2) Incentive payments by railroads.--A State may not
make an incentive payment under paragraph (1) to a
local government with respect to the closure of a
crossing unless the railroad owning the tracks on which
the crossing is located makes an incentive payment to
the government with respect to the closure.
(3) Amount of State payment.--The amount of the
incentive payment payable to a local government by a
State under paragraph (1) with respect to a crossing
may not exceed the lesser of--
(A) the amount of the incentive payment paid
to the government with respect to the crossing
by the railroad concerned under paragraph (2);
or
(B) $7,500.
(4) Use of State payments.--A local government
receiving an incentive payment from a State under
paragraph (1) shall use the amount of the incentive
payment for transportation safety improvements.
(j) Bicycle safety.--In carrying out projects under this
section, a State shall take into account bicycle safety.
(k) Expenditure of funds.--Not more than 2 percent of funds
apportioned to a State to carry out this section may be used by
the State for compilation and analysis of data in support of
activities carried out under subsection (g).
(l) National Crossing Inventory.--
(1) Initial reporting of crossing information.--Not
later than 1 year after the date of enactment of the
Railroad Safety Enhancement Act of 2007 or within 6
months of a new crossing becoming operational,
whichever occurs later, each State shall report to the
Secretary of Transportation current information,
including information about warning devices and
signage, as specified by the Secretary, concerning each
previously unreported crossing located within its
borders.
(2) Periodic updating of crossing information.--On a
periodic basis beginning not later than 2 years after
the date of enactment of the Railroad Safety
Enhancement Act of 2007 and on or before September 30
of every year thereafter, or as otherwise specified by
the Secretary, each State shall report to the Secretary
current information, including information about
warning devices and signage, as specified by the
Secretary, concerning each crossing located within its
borders.
(3) Rulemaking authority.--The Secretary shall
prescribe the regulations necessary to implement this
subsection. The Secretary may enforce each provision of
the Department of Transportation's statement of the
national highway-rail crossing inventory policy,
procedures, and instructions for States and railroads
that is in effect on the date of enactment of the
Railroad Safety Enhancement Act of 2007, until such
provision is superseded by a regulation issued under
this subsection.
(4) Definitions.--In this subsection, the terms
``crossing'' and ``State'' have the meaning given those
terms by section 20160(d)(1) and (2), respectively, of
title 49.
* * * * * * *
Solid Waste Disposal Act
SUBTITLE A--GENERAL PROVISIONS
[42 U.S.C. 6901 et seq.]
SEC. 1009. CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE RAIL
TRANSFER FACILITIES.
(a) In General.--A State or political subdivision thereof may
enforce state solid waste environmental laws at a solid waste
rail transfer facility.
(b) Existing Facilities.--
(1) In general.--Within 180 days after the date of
enactment of the Rail Safety Enhancement Act of 2007, a
solid waste rail transfer facility operating as of that
date shall comply with all State solid waste
environmental laws other than those requiring permits.
(2) Permitting requirements.--Any solid waste rail
transfer facility described in paragraph (1) that does
not already posses permits related to State solid waste
environmental laws as of the date of enactment of the
Rail Safety Enhancement Act of 2007 shall not be
required by a solid waste facility permitting agency to
possess any permits related to State solid waste
environmental laws in order to operate the facility--
(A) if within 1 year after the date of
enactment of the Rail Safety Enhancement Act of
2007, the railroad carrier that owns or
operates the solid waste rail transfer facility
has submitted, in good faith, a complete
application for all permits required by a
State''s solid waste environmental laws to a
solid waste facility permitting agency
authorized to grant such permits; and
(B) until a solid waste facility permitting
agency has either approved or denied the
railroad carrier''s application for a permit or
permits.
(c) Definitions.--In this section:
(1) Solid waste facility permitting agency.--The term
``solid waste facility permitting agency'' means an
agency of a State or subdivision thereof authorized to
grant permits, including licenses or other approvals or
credentials, from such State or subdivision in order to
generate, store, treat, handle, manage, or dispose of
solid waste in such State.
(2) Solid waste rail transfer facility.--The term
``solid waste rail transfer facility''--
(A) means the portion of a facility owned or
operated by or on behalf of a railroad carrier
(as defined in section 10102 of title 49,
United States Code) where solid waste, as a
commodity to be transported in commerce, is
collected, stored, separated, processed,
treated, managed, disposed of, or transferred
outside of original sealed shipping containers;
but
(B) does not include a facility to the extent
that activities taking place at such facility
are comprised of the railroad transportation of
solid waste after the solid waste is placed on
or in a rail car, including railroad
transportation for the purpose of interchanging
railroad cars containing sealed solid waste
shipments.
(3) State solid waste environmental laws.--The term
``State solid waste environmental laws''--
(A) means--
(i) the substantive and procedural
aspects of statutes, regulations, and
orders of a State or its subdivisions
that establish public health and safety
or environmental standards concerning
the generation, storage, treatment,
handling, management, or disposal of
solid waste; and
(ii) the substantive and procedural
aspects of statutes, regulations, and
orders of a State or its subdivisions
which govern the processes and
procedures by which permits, licenses,
or other approvals or credentials from
such State or subdivision are required
in order to generate, store, treat,
handle, manage, or dispose of solid
waste are granted; but
(B) does not include the statutes,
regulations, and orders of a State or its
subdivisions which govern land use, including
land use restrictions or zoning ordinances.