HR 2095
10-17-07, Bill Passed House 377-38
Referred to Senate
Committee on Commerce, Science & Transportation
110th CONGRESS
1st Session
H. R. 2095
IN THE SENATE OF THE UNITED STATES
October 18, 2007
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To amend title 49, United States Code, to prevent railroad fatalities,
injuries, and hazardous materials releases, to authorize the Federal Railroad
Safety Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Federal Railroad Safety Improvement
Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--FEDERAL RAILROAD SAFETY ADMINISTRATION
Sec. 101. Establishment of Federal Railroad Safety Administration.
Sec. 102. Railroad safety strategy.
Sec. 104. Rulemaking process.
Sec. 105. Authorization of appropriations.
TITLE II--EMPLOYEE FATIGUE
Sec. 201. Hours of service reform.
Sec. 202. Employee sleeping quarters.
Sec. 203. Fatigue management plans.
Sec. 204. Regulatory authority.
Sec. 205. Conforming amendment.
TITLE III--BRIDGE SAFETY
Sec. 301. Railroad bridge safety assurance.
TITLE IV--GRADE CROSSINGS
Sec. 401. Toll-free number to report grade crossing problems.
Sec. 402. Roadway user sight distance at highway-rail grade crossings.
Sec. 403. Grade crossing signal violations.
Sec. 404. National crossing inventory.
Sec. 405. Accident and incident reporting.
Sec. 406. Authority to buy promotional items to improve railroad crossing
safety and prevent railroad trespass.
Sec. 407. Operation Lifesaver.
Sec. 408. State action plan.
Sec. 409. Fostering introduction of new technology to improve safety at
highway-rail grade crossings.
TITLE V--ENFORCEMENT
Sec. 502. Civil penalties.
Sec. 503. Criminal penalties.
Sec. 504. Expansion of emergency order authority.
Sec. 505. Enforcement transparency.
Sec. 506. Interfering with or hampering safety investigations.
Sec. 507. Railroad radio monitoring authority.
Sec. 508. Inspector staffing.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Positive train control systems.
Sec. 602. Warning in nonsignaled territory.
Sec. 604. Certification of conductors.
Sec. 605. Minimum training standards.
Sec. 606. Prompt medical attention.
Sec. 607. Emergency escape breathing apparatus.
Sec. 608. Locomotive cab environment.
Sec. 609. Tunnel information.
Sec. 610. Museum locomotive study.
Sec. 611. Certification of Carmen.
Sec. 612. Train control systems deployment grants.
Sec. 613. Infrastructure safety investment reports.
Sec. 614. Emergency grade crossing safety improvements.
Sec. 615. Locomotive horn requirement waiver.
Sec. 616. Safety inspections in Mexico.
Sec. 617. Surface Transportation Board jurisdiction over solid waste facilities.
TITLE VII--RAIL PASSENGER DISASTER FAMILY ASSISTANCE
Sec. 702. Assistance by National Transportation Safety Board to families
of passengers involved in rail passenger accidents.
Sec. 703. Rail passenger carrier plans to address needs of families of passengers
involved in rail passenger accidents.
Sec. 704. Establishment of task force.
SEC. 2. DEFINITIONS.
For purposes of this Act, the terms `railroad' and `railroad carrier' have
the meaning given those terms in section 20102 of title 49, United States
Code.
TITLE I--FEDERAL RAILROAD SAFETY ADMINISTRATION
SEC. 101. ESTABLISHMENT OF FEDERAL RAILROAD SAFETY ADMINISTRATION.
(a) Amendment- Section 103 of title 49, United States Code, is amended to
read as follows:
`Sec. 103. Federal Railroad Safety Administration
`(a) In General- The Federal Railroad Safety Administration (in this section
referred to as the `Administration') shall be an administration in the Department
of Transportation. To carry out all railroad safety laws of the United States,
the Administration shall be divided on a geographical basis into at least
8 safety offices. The Secretary of Transportation shall be responsible for
enforcing those laws and for ensuring that those laws are uniformly administered
and enforced among the safety offices.
`(b) Safety as Highest Priority- In carrying out its duties, the Administration
shall consider the assignment and maintenance of 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.
`(c) Administrator- The head of the Administration shall be the Administrator
who shall be appointed by the President, by and with the advice and consent
of the Senate, and shall be an individual with professional experience in
railroad safety, hazardous materials safety, or other transportation safety.
The Administrator shall report directly to the Secretary of Transportation.
`(d) Deputy Administrator- The Administration shall have a Deputy Administrator
who shall be appointed by the Secretary. The Deputy Administrator shall carry
out duties and powers prescribed by the Administrator.
`(e) Chief Safety Officer- The Administration shall have an Associate Administrator
for Railroad Safety appointed in the competitive 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.
`(f) Duties and Powers of the Administrator- The Administrator shall carry
out--
`(1) duties and powers related to railroad safety vested in the Secretary
by section 20134(c) and chapters 203 through 211 of this title, and by chapter
213 of this title for carrying out chapters 203 through 211; and
`(2) other duties and powers prescribed by the Secretary.
`(g) Limitation- A duty or power specified in subsection (f)(1) may be transferred
to another part of the Department of Transportation or another Federal Government
entity only when specifically provided by law. A decision of the Administrator
in carrying out the duties or powers of the Administration and involving notice
and hearing required by law is administratively final.
`(h) Authorities- 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 at the 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.'.
(b) References and Conforming Amendments- (1) All references in Federal law
to the Federal Railroad Administration shall be deemed to be references to
the Federal Railroad Safety Administration.
(2) The item relating to section 103 in the table of sections of chapter 1
of title 49, United States Code, is amended to read as follows:
`103. Federal Railroad Safety Administration.'.
SEC. 102. RAILROAD SAFETY STRATEGY.
(a) Safety Goals- In conjunction with existing federally required strategic
planning efforts, the Secretary of Transportation shall develop a long-term
strategy for improving railroad safety. The strategy shall include an annual
plan and schedule for achieving, at a minimum, the following goals:
(1) Reducing the number and rates of accidents, injuries, and fatalities
involving railroads.
(2) Improving the consistency and effectiveness of enforcement and compliance
programs.
(3) Identifying and targeting enforcement at, and safety improvements to,
high-risk highway-rail grade crossings.
(4) Improving research efforts to enhance and promote railroad safety and
performance.
(b) Resource Needs- The strategy and annual plans shall include estimates
of the funds and staff resources needed to accomplish each activity. Such
estimates shall also include the staff skills and training needed for timely
and effective accomplishment of each goal.
(c) Submission With the President's Budget- The Secretary of Transportation
shall submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate the strategy and annual plan at the same time as the President's
budget submission.
(d) Achievement of Goals-
(1) PROGRESS ASSESSMENT- No less frequently than semiannually, the Secretary
of Transportation and the Administrator of the Federal Railroad Safety Administration
shall assess the progress of the Administration toward achieving the strategic
goals described in subsection (a). The Secretary and the Administrator shall
convey their assessment to the employees of the Federal Railroad Safety
Administration and shall identify any deficiencies that should be remediated
before the next progress assessment.
(2) REPORT TO CONGRESS- The Secretary shall transmit a report annually to
the Committee on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate
on the performance of the Federal Railroad Safety Administration relative
to the goals of the railroad safety strategy and annual plans under subsection
(a).
SEC. 103. REPORTS.
(a) Reports by the Inspector General- Not later than 30 days after the date
of enactment of this Act, the Inspector General of the Department of Transportation
shall submit to the Secretary of Transportation and the Administrator of the
Federal Railroad Safety Administration a report containing the following:
(1) A list of each statutory mandate regarding railroad safety that has
not been implemented.
(2) A list of each open safety recommendation made by the National Transportation
Safety Board or the Inspector General regarding railroad safety.
(b) Reports by the Secretary-
(1) STATUTORY MANDATES- Not later than 90 days after the date of enactment
of this Act, and every 180 days thereafter until each of the mandates referred
to in subsection (a)(1) has been implemented, the Secretary of Transportation
shall transmit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the specific actions taken to implement
such mandates.
(2) NTSB AND INSPECTOR GENERAL RECOMMENDATIONS- Not later than January 1st
of each year, the Secretary of Transportation shall transmit to the Committee
on Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a report
containing each recommendation referred to in subsection (a)(2), a copy
of the Department of Transportation response to each such recommendation,
and a progress report on implementing each such recommendation.
SEC. 104. RULEMAKING PROCESS.
(a) Amendment- Subchapter I of chapter 201 of title 49, United States Code,
is amended by inserting after section 20115 the following new section:
`Sec. 20116. Rulemaking process
`No rule or order issued by the Secretary under this part shall be effective
if it incorporates by reference a code, rule, standard, requirement, or practice
issued by an association or other entity that is not an agency of the Federal
Government, unless that reference is to a particular code, rule, standard,
requirement, or practice adopted before the date on which the rule is issued
by the Secretary, and unless the date on which the code, rule, standard, requirement,
or practice was adopted is specifically cited in the rule.'.
(b) Table of Sections Amendment- The table of sections of subchapter I of
chapter 201 of title 49, United States Code, is amended by adding after the
item relating to section 20115 the following new item:
`20116. Rulemaking process.'.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
Section 20117(a) of title 49, United States Code, is amended to read as follows:
`(a) In General- (1) There are authorized to be appropriated to the Secretary
of Transportation to carry out this part and to carry out responsibilities
under chapter 51 as delegated or authorized by the Secretary--
`(A) $230,000,000 for fiscal year 2008;
`(B) $260,000,000 for fiscal year 2009;
`(C) $295,000,000 for fiscal year 2010; and
`(D) $335,000,000 for fiscal year 2011.
`(2) With amounts appropriated pursuant to paragraph (1), the Secretary shall
purchase 6 Gage Restraint Measurement System vehicles and 5 track geometry
vehicles to enable the deployment of 1 Gage Restraint Measurement System vehicle
and 1 track geometry vehicle in each region.
`(3) There are authorized to be appropriated to the Secretary $18,000,000
for the period encompassing fiscal years 2008 through 2011 to design, develop,
and construct the Facility for Underground Rail Station and Tunnel at the
Transportation Technology Center in Pueblo, Colorado. The facility shall be
used to test and evaluate the 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.
`(4) Such sums as may be necessary from the amount appropriated pursuant to
paragraph (1) for each of the fiscal years 2008 through 2011 shall be made
available to the Secretary for personnel in regional offices and in Washington,
D.C., whose duties primarily involve rail security.
`(5) There are authorized to be appropriated to the Secretary for each of
the fiscal years 2008 through 2011 such sums as may be necessary to design
and develop a pilot electric cargo conveyor system for the transportation
of containers from ports to depots outside of urban areas.'.
TITLE II--EMPLOYEE FATIGUE
SEC. 201. HOURS OF SERVICE REFORM.
(a) Definitions- Section 21101(4) of title 49, United States Code, is amended
by striking `employed by a railroad carrier'.
(b) Limitation on Duty Hours of Signal Employees- Section 21104 of title 49,
United States Code, is amended--
(1) by amending subsection (a) to read as follows:
`(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 signal employee,
and a railroad contractor and its officers and agents may not require or allow
a signal employee, to remain or go on duty--
`(1) unless that employee has had at least 10 consecutive hours off duty
during the prior 24 hours;
`(2) for a period in excess of 12 consecutive hours; or
`(3) unless that employee has had at least one period of at least 24 consecutive
hours off duty in the past 7 consecutive days.
The Secretary may waive paragraph (3) if a collective bargaining agreement
provides a different arrangement and such arrangement provides an equivalent
level of safety.';
(2) in subsection (b)(3) by striking `, 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';
(A) by inserting `for not more than 3 days during a period of 7 consecutive
days' after `24 consecutive hours'; and
(B) by adding at the end the following: `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.';
(4) by adding at the end the following new subsections:
`(d) Communication During Time Off Duty- During a signal employee's minimum
off-duty period of 10 consecutive hours, as provided under subsection (a),
a railroad carrier, and its managers, supervisors, officers, and agents, shall
not communicate with the signal employee by telephone, by pager, or in any
other manner that could disrupt the employee's rest. Nothing in this subsection
shall prohibit communication necessary to notify an employee of an emergency
situation posing potential risks to the employee's safety or health.
`(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
Safety Administration.'.
(c) Limitation on Duty Hours of Train Employees- Section 21103 of title 49,
United States Code, is amended--
(1) by amending subsection (a) to read as follows:
`(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 10 consecutive hours off duty
during the prior 24 hours;
`(2) for a period in excess of 12 consecutive hours; or
`(3) unless that employee has had at least one period of at least 24 consecutive
hours off duty in the past 7 consecutive days.
The Secretary may waive paragraph (3) if a collective bargaining agreement
provides a different arrangement and such arrangement provides an equivalent
level of safety.';
(2) by amending subsection (b)(4) to read as follows:
`(4)(A)(i) Except as provided in clauses (ii) and (iii), time spent in deadhead
transportation to a duty assignment, time spent waiting for deadhead transportation,
and time spent in deadhead transportation from a duty assignment to a place
of final release is time on duty.
`(ii) Time spent waiting for deadhead transportation and time spent in deadhead
transportation from a duty assignment to a place of final release is neither
time on duty nor time off duty in situations involving delays in the operations
of the railroad carrier, when the delays were caused by any of the following:
`(III) A track obstruction.
`(V) A weather event causing a delay.
`(VIII) A track or bridge washout.
`(X) A major equipment failure which prevents a train from advancing.
`(XI) Other delay from a cause unknown or unforeseeable to a railroad
carrier and its officers and agents in charge of the employee when the
employee left a designated terminal.
`(iii) In addition to any time qualifying as neither on duty nor off duty
under clause (ii), at the election of the railroad carrier, time spent waiting
for deadhead transportation and time spent in deadhead transportation to
the place of final release may be treated as neither time on duty nor time
off duty, subject to the following limitations:
`(I) Not more than 40 hours a month may be elected by the railroad carrier,
for an employee, during the period from the date of enactment of the Federal
Railroad Safety Improvement Act of 2007 to one year after such date of
enactment.
`(II) Not more than 30 hours a month may be elected by the railroad carrier,
for an employee, during the period beginning one year after the date of
enactment of the Federal Railroad Safety Improvement Act of 2007 and ending
two years after such date of enactment.
`(III) Not more than 10 hours a month may be elected by the railroad carrier,
for an employee, during the period beginning two years after the date
of enactment of the Federal Railroad Safety Improvement Act of 2007.
`(B) Each railroad carrier shall report to the Secretary of Transportation,
in accordance with procedures contained in 49 CFR 228.19, each instance
within 30 days after the calendar month in which the instance occurs that
a member of a train or engine crew or other employee engaged in or connected
with the movement of any train, including a hostler, exceeds 12 consecutive
hours, including--
`(ii) time spent waiting for deadhead transportation and the time spent
in deadhead transportation from a duty assignment to the place of final
release, that is not time on duty.
`(i) the time spent waiting for deadhead transportation, and the time
spent in deadhead transportation from a duty assignment to the place of
final release, that is not time on duty; plus
exceeds 12 consecutive hours, the railroad carrier and its officers and
agents shall provide the train employee with additional time off duty equal
to the number of hours that such sum exceeds 12 hours.'; and
(3) by adding at the end the following new subsection:
`(d) Communication During Time Off Duty- During a train employee's minimum
off-duty period of 10 consecutive hours, as provided under subsection (a),
or during an interim period of at least 4 consecutive hours available for
rest under subsection (b)(7), a railroad carrier, and its managers, supervisors,
officers, and agents, shall not communicate with the train employee by telephone,
by pager, or in any other manner that could disrupt the employee's rest. Nothing
in this subsection shall prohibit communication necessary to notify an employee
of an emergency situation posing potential risks to the employee's safety
or health.'.
SEC. 202. EMPLOYEE SLEEPING QUARTERS.
Section 21106 of title 49, United States Code, is amended--
(1) by inserting `(a) In General- ' before `A railroad carrier'; and
(2) by adding at the end the following new subsection:
`(b) Camp Cars- Effective 12 months after the date of enactment of this subsection,
a railroad carrier and its officers and agents may not provide sleeping quarters
through the use of camp cars, as defined in Appendix C to part 228 of title
49 of the Code of Federal Regulations, for employees and any individuals employed
to maintain the right of way of a railroad carrier.'.
SEC. 203. FATIGUE MANAGEMENT PLANS.
(a) Amendment- Chapter 211 of title 49, United States Code, is amended by
adding at the end the following new section:
`Sec. 21109. Fatigue management plans
`(1) REQUIREMENT- Each railroad carrier shall submit to the Secretary of
Transportation, and update at least once every 2 years, a fatigue management
plan that is designed to reduce the fatigue experienced by railroad employees
and to reduce the likelihood of accidents and injuries caused by fatigue.
The plan shall address the safety effects of fatigue on all employees performing
safety sensitive functions, including employees not covered by this chapter.
The plan shall be submitted not later than 1 year after the date of the
enactment of this section, or not later than 45 days prior to commencing
operations, whichever is later.
`(2) CONTENTS OF PLAN- The fatigue management plan shall--
`(A) identify and prioritize all situations that pose a risk for safety
that may be affected by fatigue;
`(B) include the railroad carrier's--
`(i) rationale for including and not including each element described
in subsection (b)(2) in the plan;
`(ii) analysis supporting each element included in the plan; and
`(iii) explanations for how each element in the plan will reduce the
risk associated with fatigue;
`(C) describe how every condition on the railroad carrier's property,
and every type of employee, that is likely to be affected by fatigue is
addressed in the plan; and
`(D) include the name, title, address, and telephone number of the primary
person to be contacted with regard to review of the plan.
`(3) APPROVAL- (A) The Secretary shall review each proposed plan and approve
or disapprove such plan based on whether the requirements of this section
are sufficiently and appropriately addressed and the proposals are adequately
justified in the plan.
`(B) If the proposed plan is not approved, the Secretary shall notify the
affected railroad carrier as to the specific points in which the proposed
plan is deficient, and the railroad carrier shall correct all deficiencies
within 30 days following receipt of written notice from the Secretary. If
a railroad carrier does not submit a plan (or, when directed by the Secretary,
an amended plan), or if a railroad carrier's amended plan is not approved
by the Secretary, the Secretary shall prescribe a fatigue management plan
for the railroad carrier.
`(4) EMPLOYEE PARTICIPATION- (A) Each affected railroad carrier shall consult
with, and 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 fatigue management plan, and, except as provided in subparagraph
(C), shall jointly with such groups submit the plan to the Secretary.
`(B) In the event that labor organizations represent classes or crafts of
directly affected employees of the railroad carrier, the railroad carrier
shall consult with these organizations in drafting the plan. The Secretary
may provide technical assistance and guidance to such parties in the drafting
of the plan.
`(C) If the railroad carrier and its directly affected employees (including
any 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--
`(i) the railroad carrier shall file the plan with the Secretary; and
`(ii) directly affected employees and labor organizations representing
a class or craft of directly affected employees may, at their option,
file a statement with the Secretary explaining their views on the plan
on which consensus was not reached.
`(b) Elements of the Fatigue Management Plan-
`(1) CONSIDERATION OF VARYING CIRCUMSTANCES- Each plan filed with the Secretary
under the procedures of subsection (a) shall take into account the varying
circumstances of operations by the railroad carrier on different parts of
its system, and shall prescribe appropriate fatigue countermeasures to address
those varying circumstances.
`(2) ISSUES AFFECTING ALL EMPLOYEES PERFORMING SAFETY SENSITIVE FUNCTIONS-
The railroad carrier shall consider the need to include in its fatigue management
plan elements addressing each of the following issues:
`(A) Education and training on the physiological and human factors that
affect fatigue, as well as strategies to counter fatigue, based on current
and evolving 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 emergency response involving both
short-term emergency situations, including derailments, and long-term
emergency situations, including natural disasters.
`(D) Scheduling practices involving train lineups and calling times, including
work/rest cycles for shift workers and on-call employees that permit employees
to compensate for cumulative sleep loss by guaranteeing a minimum number
of consecutive days off (exclusive of time off due to illness or injury).
`(E) Minimizing the incidence of fatigue that occurs as a result of working
at times when the natural circadian rhythm increases fatigue.
`(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
sleeping quarters provided by the railroad carrier.
`(H) In connection with the scheduling of a duty call, increasing the
number of consecutive hours of rest off duty, during which an employee
receives no communication from the employing railroad carrier or its managers,
supervisors, officers, or agents.
`(I) Avoiding abrupt changes in rest cycles for employees returning to
duty after an extended absence due to circumstances such as illness or
injury.
`(J) Additional elements as the Secretary considers appropriate.
`(c) Compliance and Enforcement-
`(1) COMPLIANCE REQUIREMENT- Effective upon approval or prescription of
a fatigue management plan, compliance with that fatigue management plan
becomes mandatory and enforceable by the Secretary.
`(2) EFFECTIVE DATE- A fatigue management plan may include effective dates
later than the date of approval of the plan, and may include different effective
dates for different parts of the plan.
`(3) AUDITS- To enforce this section, the Secretary may conduct inspections
and periodic audits of a railroad carrier's compliance with its fatigue
management plan.
`(d) Definition- For purposes of this section the term `directly affected
employees' means employees, including employees of an independent contractor
or subcontractor, to whose hours of service the terms of a fatigue management
plan specifically apply.'.
(b) Table of Sections Amendment- The table of sections for chapter 211 of
title 49, United States Code, is amended by adding at the end the following
new item:
`21109. Fatigue management plans.'.
SEC. 204. REGULATORY AUTHORITY.
(a) Amendment- Chapter 211 of title 49, United States Code, as amended by
this Act, is further amended by adding at the end the following new section:
`Sec. 21110. Regulatory authority
`The Secretary of Transportation may by regulation--
`(1) 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, based on scientific and medical research; or
`(2) increase the minimum hours an employee may be required or allowed to
rest to a level greater than the level established under this chapter, based
on scientific and medical research.'.
(b) Table of Sections Amendment- The table of sections for chapter 211 of
title 49, United States Code, is amended by adding at the end the following
new item:
`21110. Regulatory authority.'.
SEC. 205. CONFORMING AMENDMENT.
Section 21303(c) of title 49, United States Code, is amended by striking `officers
and agents' and inserting `managers, supervisors, officers, and agents'.
TITLE III--BRIDGE SAFETY
SEC. 301. RAILROAD BRIDGE SAFETY ASSURANCE.
Not later than 12 months after the date of enactment of this Act, the Federal
Railroad Safety Administration shall implement regulations requiring owners
of track carried on one or more railroad bridges to adopt safety practices
to prevent the deterioration of railroad bridges and reduce the risk of human
casualties, environmental damage, and disruption to the Nation's transportation
system that would result from a catastrophic bridge failure. The regulations
shall, at a minimum--
(1) require each track owner to--
(A) develop and maintain an accurate inventory of its railroad bridges,
which shall identify the location of each bridge, its configuration, type
of construction, number of spans, span lengths, and all other information
necessary to provide for the safe management of the bridges;
(B) ensure that a professional engineer competent in the field of railroad
bridge engineering, or a qualified person under the supervision of the
track owner, determines bridge capacity;
(C) maintain, and update as appropriate, a record of the safe capacity
of each bridge which carries its track and, if available, maintain the
original design documents of each bridge and a documentation of all repairs,
modifications, and inspections of the bridge;
(D) develop, maintain, and enforce a written procedure that will ensure
that its bridges are not loaded beyond their capacities;
(E) conduct regular comprehensive inspections of each bridge, at least
once per year, and maintain records of those inspections that include
the date on which the inspection was performed, the precise identification
of the bridge inspected, the items inspected, an accurate description
of the condition of those items, and a narrative of any inspection item
that is found by the inspector to be a potential problem;
(F) ensure that the level of detail and the inspection procedures are
appropriate to the configuration of the bridge, conditions found during
previous inspections, and the nature of the railroad traffic moved over
the bridge, including car weights, train frequency and length, levels
of passenger and hazardous materials traffic, and vulnerability of the
bridge to damage;
(G) ensure that an engineer who is competent in the field of railroad
bridge engineering--
(i) is responsible for the development of all inspection procedures;
(ii) reviews all inspection reports; and
(iii) determines whether bridges are being inspected according to the
applicable procedures and frequency, and reviews any items noted by
an inspector as exceptions; and
(H) designate qualified bridge inspectors or maintenance personnel to
authorize the operation of trains on bridges following repairs, damage,
or indications of potential structural problems;
(2) instruct Administration bridge inspectors to obtain copies of the most
recent bridge management programs and procedures of each railroad within
the inspector's areas of responsibility, and require that inspectors use
those programs when conducting bridge inspections; and
(3) establish a program to review bridge inspection and maintenance data
from railroads and Administration bridge inspectors periodically.
TITLE IV--GRADE CROSSINGS
SEC. 401. TOLL-FREE NUMBER TO REPORT GRADE CROSSING PROBLEMS.
Section 20152 of title 49, United States Code, is amended to read as follows:
`Sec. 20152. Emergency notification of grade crossing problems
`Not later than 18 months after the date of enactment of the Federal Railroad
Safety Improvement Act of 2007, the Secretary of Transportation shall require
each railroad carrier to--
`(1) establish and maintain a toll-free telephone service, 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; and
`(B) disabled vehicles blocking railroad tracks at such grade crossings;
`(2) upon receiving a report of a malfunction or disabled vehicle pursuant
to paragraph (1), immediately contact trains operating near the grade crossing
to warn them of the malfunction or disabled vehicle;
`(3) upon receiving a report of a malfunction or disabled vehicle pursuant
to paragraph (1), 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 appropriate to responding to the hazardous circumstance;
and
`(4) 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 toll-free 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 toll-free number as described
in paragraph (1); and
`(C) the grade crossing number assigned for that crossing by the National
Highway-Rail Crossing Inventory established by the Department of Transportation.
The Secretary of Transportation shall implement this section through appropriate
regulations.'.
SEC. 402. ROADWAY USER SIGHT DISTANCE AT HIGHWAY-RAIL GRADE CROSSINGS.
(a) In General- Subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new section:
`Sec. 20156. Roadway user sight distance at highway-rail grade crossings
`(a) In General- Not later than 18 months after the date of enactment of the
Federal Railroad Safety Improvement Act of 2007, the Secretary of Transportation
shall prescribe regulations that require each railroad carrier to remove from
its rights-of-way at all public highway-rail grade crossings, and at all private
highway-rail grade crossings open to unrestricted public access (as declared
in writing by the holder of the crossing right), grass, brush, shrubbery,
trees, and other vegetation which may obstruct the view of a pedestrian or
a vehicle operator for a reasonable distance in either direction of the train's
approach, and to maintain its rights-of-way at all such crossings free of
such vegetation. In prescribing the regulations, the Secretary shall take
into consideration to the extent practicable--
`(1) the type of warning device or warning devices installed at the crossing;
`(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 temporary and permanent
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) No Preemption- Notwithstanding section 20106, subsections (a) and (b)
of this section do not prohibit a State from continuing in force, or from
enacting, a law, regulation, or order requiring the removal of obstructive
vegetation from a railroad right-of-way for safety reasons that is more stringent
than the requirements of the regulations prescribed pursuant to this section.
`(d) Model Legislation- Not later than 18 months after the date of enactment
of the Federal Railroad Safety Improvement Act of 2007, the Secretary, after
consultation with the Federal Railroad Safety 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,
such as permanent structures, temporary structures, and standing railroad
equipment, as recommended by the Inspector General of the Department of Transportation
in Report No. MH-2007-044.'.
(b) Conforming Amendment- The table of sections for such subchapter II of
chapter 201 is amended by inserting after the item relating to section 20155
the following new item:
`20156. Roadway user sight distance at highway-rail grade crossings.'.
SEC. 403. GRADE CROSSING SIGNAL VIOLATIONS.
(a) Amendments- Section 20151 of title 49, United States Code, is amended--
(1) by amending the section heading to read as follows:
`Sec. 20151. Railroad trespassing, vandalism, and signal violation prevention
strategy';
(A) by striking `and vandalism affecting railroad safety' and inserting
in lieu thereof `, vandalism affecting railroad safety, and violations
of grade crossing signals';
(B) by inserting `, concerning trespassing and vandalism,' after `such
evaluation and review'; and
(C) by inserting `The second such evaluation and review, concerning violations
of grade crossing signals, shall be completed before April 1, 2008.' after
`November 2, 1994.';
(3) in the subsection heading of subsection (b), by inserting `for Trespassing
and Vandalism Prevention' after `Outreach Program';
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B),
respectively;
(B) by inserting `(1)' after `Model Legislation- '; and
(C) by adding at the end the following new paragraph:
`(2) Within 18 months after the date of enactment of the Federal Railroad
Safety Improvement Act of 2007, the Secretary, after consultation with State
and local governments, railroad carriers, and rail labor organizations, shall
develop and make available to State and local governments model State legislation
providing for civil or criminal penalties, or both, for violations of grade
crossing signals.'; and
(5) by adding at the end the following new subsection:
`(d) Definition- For purposes of this section, the term `violation of grade
crossing signals' 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, that creates a hazard of an accident
involving injury or property damage at the grade crossing.'.
(b) Conforming Amendment- The item relating to section 20151 in the table
of sections for subchapter II of chapter 201 of title 49, United States Code,
is amended to read as follows:
`20151. Railroad trespassing, vandalism, and signal violation prevention
strategy.'.
SEC. 404. NATIONAL CROSSING INVENTORY.
(a) In General- Subchapter II of chapter 201 of title 49, United States Code,
as amended by this Act, is further amended by adding at the end the following
new section:
`Sec. 20157. National crossing inventory
`(a) Initial Reporting of Information About Previously Unreported Crossings-
Not later than 1 year after the date of enactment of the Federal Railroad
Safety Improvement 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 3 years after the date of enactment of the Federal Railroad Safety
Improvement Act of 2007 and on or before September 30 of every third year
thereafter, or as otherwise specified by the Secretary, each railroad carrier
shall--
`(A) report to the Secretary current information, including 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 Federal Railroad Safety Improvement
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 Federal Railroad Safety Improvement
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 dedicated for the use of nonvehicular traffic, including
pedestrians, bicyclists, and others, that is not associated with a public
highway, road, or street, or a private roadway, crosses one or more railroad
tracks either at grade or grade-separated.
`(2) STATE- The term `State' means a State of the United States, the District
of Columbia, or the Commonwealth of Puerto Rico.'.
(b) Conforming Amendment- The table of sections for such subchapter II of
chapter 201 is amended by adding at the end the following new item:
`20157. National crossing inventory.'.
(c) Reporting and Updating- Section 130 of title 23, United States Code, is
amended by adding at the end the following:
`(l) National Crossing Inventory-
`(1) INITIAL REPORTING OF CROSSING INFORMATION- Not later than 1 year after
the date of enactment of the Federal Railroad Safety Improvement 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 3 years after the date of enactment of the Federal Railroad
Safety Improvement Act of 2007 and on or before September 30 of every third
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 Federal Railroad Safety
Improvement 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 20157(d)(1) and (2), respectively,
of title 49.'.
(d) Civil Penalties- (1) Section 21301(a)(1) of title 49, United States Code,
is amended--
(A) by inserting `with section 20157 or' after `comply' in the first sentence;
and
(B) by inserting `section 20157 of this title or' after `violating' in the
second sentence.
(2) Section 21301(a)(2) of title 49, United States Code, is amended by inserting
`The Secretary shall impose a civil penalty for a violation of section 20157
of this title.' after the first sentence.
SEC. 405. ACCIDENT AND INCIDENT REPORTING.
The Federal Railroad Safety Administration shall conduct an audit of each
Class I railroad at least once every 2 years and conduct an audit of each
non-Class I railroad at least once every 5 years to ensure that all grade
crossing collisions and fatalities are reported to the national accident database.
SEC. 406. AUTHORITY TO BUY PROMOTIONAL ITEMS TO IMPROVE RAILROAD CROSSING
SAFETY AND PREVENT RAILROAD TRESPASS.
Section 20134(a) of title 49, United States Code, is amended by adding at
the end the following: `The Secretary may purchase promotional items of nominal
value and distribute them to the public without charge as part of an educational
or awareness program to accomplish the purposes of this section and of any
other sections of this title related to improving the safety of highway-rail
crossings and to prevent trespass on railroad rights of way, and the Secretary
shall prescribe guidelines for the administration of this authority.'.
SEC. 407. OPERATION LIFESAVER.
(a) Grant- The Federal Railroad Safety Administration shall make a grant or
grants to Operation Lifesaver to carry out a public information and education
program to help prevent and reduce pedestrian, bicycle, motor vehicle, and
other incidents, injuries, and fatalities, and to improve awareness along
railroad rights-of-way and at highway-rail grade crossings. This includes
development, placement, and dissemination of Public Service Announcements
in newspaper, radio, television, and other media. It will also include school
presentations, brochures and materials, support for public awareness campaigns,
and related support for the activities of Operation Lifesaver's member organizations.
(b) Pilot Program- Funds provided under subsection (a) may also be used by
Operation Lifesaver to implement a pilot program, to be known as the Railroad
Safety Public Awareness Program, that addresses the need for targeted, sustained
community outreach on the subjects described in subsection (a). Such pilot
program shall be established in States and communities where risk is greatest,
in terms of the number of crashes and population density near the railroad,
including residences, businesses, and schools. Such pilot program shall be
carried out through grants to Operation Lifesaver for work with community
leaders, school districts, and public and private partners to identify the
communities at greatest risk, and through development of an implementation
plan. An evaluation component requirement shall be included in the grant to
measure results.
(c) Authorization of Appropriations- There are authorized to be appropriated
to the Federal Railroad Safety Administration for carrying out this section
$1,500,000 for each of the fiscal years 2008 through 2011.
SEC. 408. STATE ACTION PLAN.
(a) In General- The Secretary shall identify on an annual basis the top 10
States that have had the most highway-rail grade crossing collisions over
the past year. The Secretary shall work with each of these States to develop
a State Grade Crossing Action Plan that identifies specific solutions for
improving safety at crossings, particularly at crossings that have experienced
multiple accidents.
(b) Review and Approval- Not later than 60 days after the Secretary receives
a plan under subsection (a), the Secretary shall review and approve or disapprove
it. If the proposed plan is not approved, the Secretary shall notify the affected
State as to the specific points in which the proposed plan is deficient, and
the State shall correct all deficiencies within 30 days following receipt
of written notice from the Secretary.
SEC. 409. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO IMPROVE SAFETY AT
HIGHWAY-RAIL GRADE CROSSINGS.
(a) Amendment- Chapter 201 of title 49, United States Code, as amended by
this Act, is further amended by adding at the end the following:
`Sec. 20165. Fostering introduction of new technology to improve safety
at highway-rail grade crossings
`(a) Findings- (1) Collisions between highway users and trains at highway-rail
grade crossings continue to cause an unacceptable loss of life and serious
personal injury and also threaten the safety of rail transportation.
`(2) While elimination of at-grade crossings through consolidation of crossings
and grade separations offers the greatest long-term promise for optimizing
the safety and efficiency of the two modes of transportation, over 140,000
public grade crossings remain on the general rail system--approximately one
for each route mile on the general rail system.
`(3) Conventional highway traffic control devices such as flashing lights
and gates are effective in warning motorists of a train's approach to an equipped
crossing.
`(4) Since enactment of the Highway Safety Act of 1973, over $4,200,000,000
of Federal funding has been invested in safety improvements at highway-rail
grade crossings, yet a majority of public highway-rail grade crossings are
not yet equipped with active warning systems.
`(5) The emergence of new technologies supporting Intelligent Transportation
Systems presents opportunities for more effective and affordable warnings
and safer passage of highway users and trains at remaining highway-rail grade
crossings.
`(6) Implementation of new crossing safety technology will require extensive
cooperation between highway authorities and railroad carriers.
`(7) Federal Railroad Safety Administration regulations establishing performance
standards for processor-based signal and train control systems provide a suitable
framework for qualification of new or novel technology at highway-rail grade
crossings, and the Federal Highway Administration's Manual on Uniform Traffic
Control Devices provides an appropriate means of determining highway user
interface with such new technology.
`(b) Policy- It is the policy of the United States to encourage the development
of new technology that can prevent loss of life and injuries at highway-rail
grade crossings. The Secretary of Transportation is designated to carry out
this policy in consultation with States and necessary public and private entities.'.
(b) Table of Sections Amendment- The table of sections for chapter 201 of
title 49, United States Code, as amended by this Act, is further amended by
adding at the end the following new item:
`20165. Fostering introduction of new technology to improve safety at highway-rail
grade crossings.'.
TITLE V--ENFORCEMENT
SEC. 501. ENFORCEMENT.
Section 20112(a) of title 49, United States Code, is amended--
(1) by inserting `this part or' in paragraph (1) after `enforce,';
(2) by striking `21301' in paragraph (2) and inserting `21301, 21302, or
21303';
(3) by striking `subpena' in paragraph (3) and inserting `subpoena, request
for admissions, request for production of documents or other tangible things,
or request for testimony by deposition'; and
(4) by striking `chapter.' in paragraph (3) and inserting `part.'.
SEC. 502. CIVIL PENALTIES.
(a) General Violations of Chapter 201- Section 21301(a)(2) of title 49, United
States Code, is amended--
(1) by striking `$10,000' and inserting `$25,000'; and
(2) by striking `$20,000' and inserting `$100,000'.
(b) Accident and Incident Violations of Chapter 201; Violations of Chapters
203 Through 209- Section 21302(a)(2) of title 49, United States Code, is amended--
(1) by striking `$10,000' and inserting `$25,000'; and
(2) by striking `$20,000' and inserting `$100,000'.
(c) Violations of Chapter 211- Section 21303(a)(2) of title 49, United States
Code, is amended--
(1) by striking `$10,000' and inserting `$25,000'; and
(2) by striking `$20,000' and inserting `$100,000'.
SEC. 503. CRIMINAL PENALTIES.
Section 21311(b) of title 49, United States Code, is amended by striking `$500'
both places it appears and inserting `$2,500'.
SEC. 504. EXPANSION OF EMERGENCY ORDER AUTHORITY.
Section 20104(a)(1) of title 49, United States Code, is amended by striking
`death or personal injury' and inserting `death, personal injury, or significant
harm to the environment'.
SEC. 505. ENFORCEMENT TRANSPARENCY.
(a) Amendment- Subchapter I of chapter 201 of title 49, United States Code,
is amended by adding at the end the following:
`Sec. 20118. Enforcement transparency
`(a) In General- Not later than December 31, 2007, the Secretary of Transportation
shall--
`(1) provide a monthly updated summary to the public of all railroad enforcement
actions taken by the Secretary or the Federal Railroad Safety Administration,
from the time a notice commencing an enforcement action is issued until
the enforcement action is final;
`(2) include in each such summary identification of the railroad carrier
or person involved in the enforcement activity, the type of alleged violation,
the penalty or penalties proposed, any changes in case status since the
previous summary, the final assessment amount of each penalty, and the reasons
for a reduction in the proposed penalty, if appropriate; and
`(3) provide a mechanism by which a railroad carrier or person named in
an enforcement action may make information, explanations, or documents it
believes are responsive to the enforcement action available to the public.
`(b) Electronic Availability- Each summary under this section shall be made
available to the public by electronic means.
`(c) Relationship to FOIA- Nothing in this section shall be construed to require
disclosure of information or records that are exempt from disclosure under
section 552 of title 5.'.
(b) Table of Sections Amendment- The table of sections of subchapter I of
chapter 201 of title 49, United States Code, is amended by adding at the end
the following new item:
`20118. Enforcement transparency.'.
SEC. 506. INTERFERING WITH OR HAMPERING SAFETY INVESTIGATIONS.
(a) Amendment- Subchapter II of chapter 213 of title 49, United States Code,
is amended by adding at the end the following new section:
`Sec. 21312. Interfering with or hampering safety investigations
`(a) In General- It shall be unlawful for any person knowingly to interfere
with, obstruct, or hamper an investigation by the Secretary of Transportation
conducted under section 20703 or 20902 of this title, or a railroad investigation
by the National Transportation Safety Board under chapter 11 of this title.
`(b) Intimidation and Harassment- It shall be unlawful for any person, with
regard to an investigation conducted by the Secretary under section 20703
or 20902 of this title, or a railroad investigation by the National Transportation
Safety Board under chapter 11 of this title, knowingly or intentionally to
use intimidation, harassment, threats, or physical force toward another person,
or corruptly persuade another person, or attempt to do so, or engage in misleading
conduct toward another person, with the intent or effect of--
`(1) influencing the testimony or statement of any person;
`(2) hindering, delaying, preventing, or dissuading any person from--
`(A) attending a proceeding or interview with, testifying before, or providing
a written statement to, a National Transportation Safety Board railroad
investigator, a Federal railroad safety inspector or State railroad safety
inspector, or their superiors;
`(B) communicating or reporting to a National Transportation Safety Board
railroad investigator, a Federal railroad safety inspector, or a State
railroad safety inspector, or their superiors, information relating to
the commission or possible commission of one or more violations of this
part or of chapter 51 of this title; or
`(C) recommending or using any legal remedy available to the Secretary
under this title; or
`(3) causing or inducing any person to--
`(A) withhold testimony, or a statement, record, document, or other object,
from the investigation;
`(B) alter, destroy, mutilate, or conceal a statement, record, document,
or other object with intent to impair the integrity or availability of
the statement, record, document, or other object for use in the investigation;
`(C) evade legal process summoning that person to appear as a witness,
or to produce a statement, record, document, or other object, in the investigation;
or
`(D) be absent from an investigation to which such person has been summoned
by legal process.
`(c) Elements of Violation- (1) For the purposes of this section, the testimony
or statement, or the record, document, or other object, need not be admissible
in evidence or free from a claim of privilege.
`(2) In a prosecution for an offense under this section, no state of mind
need be proved with respect to the circumstance that the investigation is
being conducted by the Secretary under section 20703 or 20902 of this title
or by the National Transportation Safety Board under chapter 11 of this title.
`(d) Criminal Penalties- A person violating this section shall be fined under
title 18, imprisoned for not more than 1 year, or both.'.
(b) Table of Sections Amendment- The table of sections of subchapter II of
chapter 213 of title 49, United States Code, is amended by adding at the end
the following new item:
`21312. Interfering with or hampering safety investigations.'.
SEC. 507. RAILROAD RADIO MONITORING AUTHORITY.
Section 20107 of title 49, United States Code, is amended by inserting at
the end the following:
`(c) Railroad Radio Communications-
`(1) IN GENERAL- To carry out the Secretary's responsibilities under this
part and under chapter 51, the Secretary may authorize officers, employees,
or agents of the Secretary to conduct the following activities in circumstances
the Secretary finds to be reasonable:
`(A) Intercepting a radio communication, with or without the consent of
the sender or other receivers of the communication, but only where such
communication is broadcast or transmitted over a radio frequency which
is--
`(i) authorized for use by one or more railroad carriers by the Federal
Communications Commission; and
`(ii) primarily used by such railroad carriers for communications in
connection with railroad operations.
`(B) Communicating the existence, contents, substance, purport, effect,
or meaning of the communication, subject to the restrictions in paragraph
(3).
`(C) Receiving or assisting in receiving the communication (or any information
therein contained).
`(D) Disclosing the contents, substance, purport, effect, or meaning of
the communication (or any part thereof of such communication) or using
the communication (or any information contained therein), subject to the
restrictions in paragraph (3), after having received the communication
or acquired knowledge of the contents, substance, purport, effect, or
meaning of the communication (or any part thereof).
`(E) Recording the communication by any means, including writing and tape
recording.
`(2) ACCIDENT PREVENTION AND ACCIDENT INVESTIGATION- The Secretary, and
officers, employees, and agents of the Department of Transportation authorized
by the Secretary, may engage in the activities authorized by paragraph (1)
for the purpose of accident prevention and accident investigation.
`(3) USE OF INFORMATION- (A) Information obtained through activities authorized
by paragraphs (1) and (2) shall not be admitted into evidence in any administrative
or judicial proceeding except--
`(i) in a prosecution of a felony under Federal or State criminal law;
or
`(ii) to impeach evidence offered by a party other than the Federal Government
regarding the existence, electronic characteristics, content, substance,
purport, effect, meaning, or timing of, or identity of parties to, a communication
intercepted pursuant to paragraphs (1) and (2) in proceedings pursuant
to section 5122, 5123, 20702(b), 20111, 20112, 20113, or 20114 of this
title.
`(B) If information obtained through activities set forth in paragraphs
(1) and (2) is admitted into evidence for impeachment purposes in accordance
with subparagraph (A), the court, administrative law judge, or other officer
before whom the proceeding is conducted may make such protective orders
regarding the confidentiality or use of the information as may be appropriate
in the circumstances to protect privacy and administer justice.
`(C) No evidence shall be excluded in an administrative or judicial proceeding
solely because the government would not have learned of the existence of
or obtained such evidence but for the interception of information that is
not admissible in such proceeding under subparagraph (A).
`(D) Information obtained through activities set forth in paragraphs (1)
and (2) shall not be subject to publication or disclosure, or search or
review in connection therewith, under section 552 of title 5.
`(E) Nothing in this subsection shall be construed to impair or otherwise
affect the authority of the United States to intercept a communication,
and collect, retain, analyze, use, and disseminate the information obtained
thereby, under a provision of law other than this subsection.
`(4) APPLICATION WITH OTHER LAW- Section 705 of the Communications Act of
1934 (47 U.S.C. 605) and chapter 119 of title 18 shall not apply to conduct
authorized by and pursuant to this subsection.'.
SEC. 508. INSPECTOR STAFFING.
The Secretary shall increase the total number of positions for railroad safety
inspection and enforcement personnel at the Federal Railroad Safety Administration
so that by December 31, 2008, the total number of such positions is at least
500, by December 31, 2009, the total number of such positions is at least
600, by December 31, 2010, the total number of such positions is at least
700, and by December 31, 2011, the total number of positions is at least 800.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. POSITIVE TRAIN CONTROL SYSTEMS.
(a) In General- Not later than 12 months after the date of enactment of this
Act, each Class I railroad carrier shall develop and submit to the Secretary
a plan for implementing a positive train control system by December 31, 2014,
that will minimize the risk of train collisions and over-speed derailments,
provide protection to maintenance-of-way workers within established work zone
limits, and minimize the risk of the movement of a train through a switch
left in the wrong position.
(b) Safety Redundancy- The positive train control system required under subsection
(a) shall provide a safety redundancy to minimize the risk of accidents by
overriding human performance failures involving train movements on main line
tracks.
(c) Contents of Plan- The Secretary may provide technical assistance and guidance
to railroad carriers in developing the plans required under subsection (a),
and shall require that each railroad carrier include in the plan, at a minimum--
(1) measurable goals, including a strategy and timeline for implementation
of such systems;
(2) a prioritization of how the systems will be implemented, with particular
emphasis on high-risk corridors such as those that have significant movements
of hazardous materials or where commuter and intercity passenger railroads
operate;
(3) identification of detailed steps the carriers will take to implement
the systems; and
(4) any other element the Secretary considers appropriate.
(d) Review and Approval- Not later than 90 days after the Secretary receives
a plan, the Secretary shall review and approve it. If the proposed plan is
not approved, the Secretary shall notify the affected railroad carrier as
to the specific points in which the proposed plan is deficient, and the railroad
carrier shall correct all deficiencies within 30 days following receipt of
written notice from the Secretary. The Secretary shall annually conduct a
review to ensure that the railroads are complying with their plans.
(e) Report- Not later than December 31, 2011, the Secretary shall transmit
a report to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate on the progress of the railroad carriers in implementing such
positive train control systems.
(f) Authority To Extend Deadline- The Secretary may extend the date for implementation
required under subsection (a) for any Class I railroad carrier for a period
of not more than 24 months if the Secretary determines such an extension is
necessary--
(1) to implement a more effective positive train control system than would
be possible under the date established in subsection (a);
(2) to obtain interoperability between positive train control systems implemented
by railroad carriers;
(3) for the Secretary to determine that a positive train control system
meets the requirements of this section and regulations issued by the Secretary;
or
(4) to otherwise enhance safety.
(g) Certification- The Secretary shall not permit the installation of any
positive train control system or component unless the Secretary has certified
that such system or component has not experienced a safety-critical failure
during prior testing and evaluation. If such a failure has occurred, the system
or component may be repaired and evaluated in accordance with part 236 of
title 49 of the Code of Federal Regulations and may be installed when the
Secretary certifies that the factors causing the failure have been corrected
and approves the system for installation in accordance with such part 236.
(h) Notice- Not later than 30 days after the Secretary grants an extension
under subsection (f), the Secretary shall publish a notice in the Federal
Register that identifies the Class I railroad carrier that is being granted
the extension, the reasons for granting the extension, and the length of the
extension.
SEC. 602. WARNING IN NONSIGNALED TERRITORY.
(a) Amendment- Subchapter II of chapter 201 of title 49, United States Code,
as amended by this Act, is further amended by adding at the end the following
new section:
`Sec. 20158. Warning in nonsignaled territory
`Not later than 12 months after the date of enactment of the Federal Railroad
Safety Improvement Act of 2007, the Secretary of Transportation shall prescribe
regulations that require railroads, with respect to main lines in nonsignaled
territory without a train speed enforcement system that would stop a train
in advance of a misaligned switch, to either--
`(1) install an automatically activated device, in addition to the switch
banner, that will, visually or electronically, compellingly capture the
attention of the employees involved with switch operations and clearly convey
the status of the switch both in daylight and darkness; or
`(2) operate trains at speeds that will allow them to be safely stopped
in advance of misaligned switches.'.
(b) Table of Sections Amendment- The table of sections of subchapter II of
chapter 201 of title 49, United States Code, is amended by adding at the end
the following new item:
`20158. Warning in nonsignaled territory.'.
SEC. 603. TRACK SAFETY.
(a) Amendment- Subchapter II of chapter 201 of title 49, United States Code,
as amended by this Act, is further amended by adding at the end the following
new section:
`Sec. 20159. Track safety
`(a) Rail Integrity- Not later than 12 months after the date of enactment
of the Federal Railroad Safety Improvement Act of 2007, the Secretary of Transportation
shall prescribe regulations to require railroad carriers to manage the rail
in their tracks so as to minimize accidents due to internal rail flaws. The
regulations shall, at a minimum--
`(1) require railroad carriers to conduct ultrasonic or other appropriate
inspections to ensure that rail used to replace defective segments of existing
rail is free from internal defects;
`(2) require railroad carriers to perform rail integrity inspections to
manage an annual service failure rate of less than .1 per track mile on
high-risk corridors such as those that have significant movements of hazardous
materials or where commuter and intercity passenger railroads operate; and
`(3) encourage railroad carrier use of advanced rail defect inspection equipment
and similar technologies as part of a comprehensive rail inspection program.
`(b) Concrete Crossties- Not later than 18 months after the date of enactment
of the Federal Railroad Safety Improvement Act of 2007, the Secretary shall
develop and implement regulations for all classes of track for concrete crossties
that address, at a minimum--
`(1) limits for rail seat abrasion;
`(2) concrete crosstie pad wear limits;
`(3) missing or broken rail fasteners;
`(4) loss of appropriate toeload pressure;
`(5) improper fastener configurations; and
`(6) excessive lateral rail movement.'.
(b) Table of Sections Amendment- The table of sections of subchapter II of
chapter 201 of title 49, United States Code, is amended by adding at the end
the following new item:
SEC. 604. CERTIFICATION OF CONDUCTORS.
(a) Amendment- Subchapter II of chapter 201 of title 49, United States Code,
as amended by this Act, is further amended by adding at the end the following
new section:
`Sec. 20160. Certification of conductors
`(a) Regulations- Not later than 18 months after the date of enactment of
the Federal Railroad Safety Improvement Act of 2007, the Secretary of Transportation
shall prescribe regulations and issue orders to establish a program requiring
the certification of train conductors. In prescribing such regulations, the
Secretary shall require that conductors on passenger trains be trained in
security, first aid, and emergency preparedness.
`(b) Program Design- The program established under this section shall be designed
based on the requirements of section 20135(b) through (e).'.
(b) Table of Sections Amendment- The table of sections of subchapter II of
chapter 201 of title 49, United States Code, is amended by adding at the end
the following new item:
`20160. Certification of conductors.'.
SEC. 605. MINIMUM TRAINING STANDARDS.
(a) Amendment- Subchapter II of chapter 201 of title 49, United States Code,
as amended by this Act, is further amended by adding at the end the following
new section:
`Sec. 20161. Minimum training standards
`The Secretary of Transportation shall, not later than 180 days after the
date of enactment of the Federal Railroad Safety Improvement Act of 2007,
establish--
`(1) minimum training standards for each class and craft of railroad employees,
which shall require railroad carriers to qualify or otherwise document the
proficiency of their employees in each class and craft regarding their knowledge
of, and ability to comply with, Federal railroad safety laws and regulations
and railroad carrier rules and procedures promulgated to implement those
Federal railroad safety laws and regulations;
`(2) a requirement for railroad carriers to submit their training and qualification
programs to the Federal Railroad Safety Administration for approval; and
`(3) a minimum training curriculum, and ongoing training criteria, testing,
and skills evaluation measures to ensure that railroad employees charged
with the inspection of track or railroad equipment are qualified to assess
railroad compliance with Federal standards to identify defective conditions
and initiate immediate remedial action to correct critical safety defects
that are known to contribute to derailments, accidents, or injury. In implementing
the requirements of this paragraph, the Secretary shall take into consideration
existing training programs of railroad carriers.'.
(b) Table of Sections Amendment- The table of sections of subchapter II of
chapter 201 of title 49, United States Code, is amended by adding at the end
the following new item:
`20161. Minimum training standards.'.
SEC. 606. PROMPT MEDICAL ATTENTION.
(a) Amendment- Subchapter II of chapter 201 of title 49, United States Code,
as amended by this Act, is further amended by adding at the end the following
new section:
`Sec. 20162. Prompt medical attention
`(a) Prohibition- A railroad or person covered under this title shall not
deny, delay, or interfere with the medical or first aid treatment of an employee
who is injured during the course of employment. If transportation to a hospital
is requested by an employee who is injured during the course of employment,
the railroad shall promptly arrange to have the injured employee transported
to the nearest medically appropriate hospital.
`(b) Discipline- A railroad or person covered under this title shall not discipline,
or threaten discipline to, an employee for requesting medical or first aid
treatment, or for following orders or a treatment plan of a treating physician.
For purposes of this subsection, discipline means to bring charges against
a person in a disciplinary proceeding, suspend, terminate, place on probation,
or make note of reprimand on an employee's record.'.
(b) Table of Sections Amendment- The table of sections of subchapter II of
chapter 201 of title 49, United States Code, is amended by adding at the end
the following new item:
`20162. Prompt medical attention.'.
SEC. 607. EMERGENCY ESCAPE BREATHING APPARATUS.
(a) Amendment- Subchapter II of chapter 201 of title 49, United States Code,
as amended by this Act, is further amended by adding at the end the following
new section:
`Sec. 20163. Emergency escape breathing apparatus
`Not later than 18 months after the date of enactment of the Federal Railroad
Safety Improvement Act of 2007, the Secretary of Transportation shall prescribe
regulations that require railroads to--
`(1) provide emergency escape breathing apparatus for all crewmembers on
freight trains carrying hazardous materials that would pose an inhalation
hazard in the event of release; and
`(2) provide their crewmembers with appropriate training for using the breathing
apparatus.'.
(b) Table of Sections Amendment- The table of sections of subchapter II of
chapter 201 of title 49, United States Code, is amended by adding at the end
the following new item:
`20163. Emergency escape breathing apparatus.'.
SEC. 608. LOCOMOTIVE CAB ENVIRONMENT.
Not later than 12 months after the date of enactment of this Act, the Secretary
of Transportation shall transmit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the effects of the locomotive cab
environment on the safety, health, and performance of train crews.
SEC. 609. TUNNEL INFORMATION.
Not later than 120 days after the date of enactment of this Act, each railroad
carrier (as defined in section 20102 of title 49, United States Code) shall,
with respect to each of its tunnels which--
(1) are longer than 1000 feet and located under a city with a population
of 400,000 or greater; or
(2) carry 5 or more scheduled passenger trains per day, or 500 or more carloads
of Toxic Inhalation Hazardous materials per year,
maintain for at least two years historical documentation of structural inspection
and maintenance activities for such tunnels, including information on the
methods of ingress and egress into and out of the tunnel, the types of cargos
typically transported through the tunnel, and schematics or blueprints for
the tunnel, when available. Upon request, a railroad carrier shall also provide
periodic briefings to the government of the local jurisdiction in which the
tunnel is located, including updates whenever a repair or rehabilitation project
substantially alters the methods of ingress and egress. Such governments shall
use appropriate means to protect and restrict the distribution of any security
sensitive information provided by the railroad carrier under this section,
consistent with national security interests.
SEC. 610. MUSEUM LOCOMOTIVE STUDY.
(a) Study- The Secretary of Transportation shall conduct a study of its regulations
relating to safety inspections of diesel-electric locomotives and equipment
and the safety consequences of requiring less frequent inspections of such
locomotives which are operated by museums, including annual inspections or
inspections based on accumulated operating hours. The study shall include
an analysis of the safety consequences of requiring less frequent air brake
inspections of such locomotives.
(b) Report- Not later than 12 months after the date of enactment of this Act,
the Secretary of Transportation shall transmit a report on the results of
the study conducted under subsection (a) to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 611. CERTIFICATION OF CARMEN.
(a) Amendment- Subchapter II of chapter 201 of title 49, United States Code,
as amended by this Act, is further amended by adding at the end the following
new section:
`Sec. 20164. Certification of carmen
`(a) Regulations- Not later than 18 months after the date of enactment of
the Federal Railroad Safety Improvement Act of 2007, the Secretary of Transportation
shall prescribe regulations and issue orders to establish a program requiring
the certification of carmen, including all employees performing mechanical
inspections, brake system inspections, or maintenance on freight and passenger
rail cars.
`(b) Program Design- The program established under this section shall be designed
by the Secretary of Transportation based on the requirements of parts 215,
221, 231, 232, and 238 of title 49 of the Code of Federal Regulations.'.
(b) Table of Sections Amendment- The table of sections of subchapter II of
chapter 201 of title 49, United States Code, is amended by adding at the end
the following new item:
`20164. Certification of carmen.'.
SEC. 612. TRAIN CONTROL SYSTEMS DEPLOYMENT GRANTS.
(a) Grant Program- The Secretary of Transportation shall establish a grant
program for the deployment of train control and component technologies, including--
(1) communications-based train control systems designed to prevent train
movement authority violations, over-speed violations, and train collision
accidents caused by noncompliance with authorities as well as to provide
additional protections to roadway workers and protect against open switches
in nonsignal territories;
(2) remote control power switch technology;
(3) switch point monitoring technology; and
(4) track integrity circuit technology.
(1) 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) that have a public benefit of improved safety
or network efficiency.
(2) IMPLEMENTATION PLAN- An applicant for a grant made pursuant to this
section shall file with the Secretary a train control implementation plan
that shall describe the overall safety and efficiency benefits of installing
systems described in subsection (a) and the stages for implementing such
systems.
(3) CONSIDERATION- The Secretary shall give priority consideration to applications
that benefit both passenger and freight safety and efficiency, or incentivize
train control technology deployment on high-risk corridors such as those
that have significant movements of hazardous materials or where commuter
and intercity passenger railroads operate.
(c) Authorization of Appropriations- (1) There are authorized to be appropriated
to the Secretary such sums as may be necessary for each of fiscal years 2008
through 2011 to carry out this section.
(2) Amounts made available pursuant to this subsection shall remain available
until expended.
SEC. 613. INFRASTRUCTURE SAFETY INVESTMENT REPORTS.
Not later than February 15th of each year, each Class I railroad shall file
a report with both the Federal Railroad Safety Administration and the Surface
Transportation Board detailing, by State, the infrastructure investments and
maintenance they have performed on their system, including but not limited
to track, locomotives, railcars, and grade crossings, in the previous calendar
year to ensure the safe movement of freight, and their plans for such investments
and maintenance in the current calendar year. Such reports shall be publicly
available, and any interested party may file comments about the reports, which
also shall be made public.
SEC. 614. EMERGENCY GRADE CROSSING SAFETY IMPROVEMENTS.
(a) Establishment of Program- The Secretary of Transportation shall establish
a grant program to provide for emergency grade crossing safety improvements,
including the installation, repair, or improvement of--
(1) railroad crossing signals, gates, and related technologies, including
median barriers and four quadrant gates;
(2) highway traffic signalization, including highway signals tied to railroad
signal systems;
(3) highway lighting and crossing approach signage;
(4) roadway improvements, including railroad crossing panels and surfaces;
and
(5) related work to mitigate dangerous conditions.
(1) ELIGIBILITY- The Secretary may make grants to State and local governments
under this section to provide emergency grade crossing safety improvements
at a location where there has been a railroad grade crossing collision with
a school bus, or collision involving three or more serious bodily injuries
or fatalities.
(2) MAXIMUM AMOUNT- Grants awarded under paragraph (1) shall not exceed
$250,000 per crossing.
(3) NO STATE OR LOCAL SHARE- The Secretary shall not require the contribution
of a State or local share as a condition of the grant.
(c) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary such sums as may be necessary for each of fiscal years 2008
through 2011 to carry out this section. Amounts made available under this
subsection shall remain available until expended.
SEC. 615. LOCOMOTIVE HORN REQUIREMENT WAIVER.
Section 20153(c) of title 49, United States Code, is amended by adding at
the end the following new paragraph:
`(3) The Secretary, in reviewing applications for waivers or exemptions, shall
consider horn noise and the impact of such noise on the local community and
the unique characteristics of the community.'.
SEC. 616. SAFETY INSPECTIONS IN MEXICO.
(a) In General- Mechanical and brake inspections of rail cars performed in
Mexico shall not be treated as satisfying United States rail safety laws or
regulations unless the Secretary of Transportation certifies that--
(1) such inspections are being performed under regulations and standards
equivalent to those applicable in the United States, including comparable
enforcement procedures;
(2) the Mexican counterparts to the Federal Railroad Safety Administration
are effectively enforcing such standards;
(3) the inspections are being performed by employees receiving comparable
classroom and on the job training as is the norm in the United States;
(4) inspection records are maintained in both English and Spanish, and such
records are available to the Federal Railroad Safety Administration for
review; and
(5) the Federal Railroad Safety Administration is permitted to perform onsite
inspections for the purpose of ensuring compliance with the requirements
of this subsection.
(b) Hazardous Material Inspections- Notwithstanding subsection (a), no hazardous
material inspections performed in Mexico shall be treated as having satisfied
the applicable United States rail safety laws and regulations.
SEC. 617. SURFACE TRANSPORTATION BOARD JURISDICTION OVER SOLID WASTE FACILITIES.
Section 10501 of title 49, United States Code, is amended--
(1) by striking `facilities,' in subsection (b)(2) and inserting `facilities
(except solid waste rail transfer facilities as defined in subsection (c)(3)(C)),';
and
(2) by adding at the end of subsection (c)(3) the following new subparagraph:
`(C) Nothing in this section preempts a State or local governmental authority
from regulating solid waste rail transfer facilities. For purposes of this
subparagraph, the term `solid waste rail transfer facility' means the portion
of any facility owned or operated by or on behalf of a rail carrier, at which
occurs the--
`(i) collection, storage, or transfer, outside of original shipping containers;
`(iii) processing (including baling, crushing, compacting, and shredding),
of solid waste, as defined in section 1004 of the Solid Waste Disposal Act
(42 U.S.C. 6903).'.
TITLE VII--RAIL PASSENGER DISASTER FAMILY ASSISTANCE
SEC. 701. SHORT TITLE.
This title may be cited as the `Rail Passenger Disaster Family Assistance
Act of 2007'.
SEC. 702. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES
OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.
(a) In General- Subchapter III of chapter 11 of title 49, United States Code,
is amended by adding at the end the following:
`Sec. 1139. Assistance to families of passengers involved in rail passenger
accidents
`(a) In General- As soon as practicable after being notified of a rail passenger
accident within the United States involving a rail passenger carrier and resulting
in a major loss of life, the Chairman of the National Transportation Safety
Board shall--
`(1) designate and publicize the name and phone number of a director of
family support services who shall be an employee of the Board and shall
be responsible for acting as a point of contact within the Federal Government
for the families of passengers involved in the accident and a liaison between
