A BILL
To authorize activities under the Federal railroad safety
laws for fiscal years 2000 through 2003, and for other
purposes.
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled,
SEC. 1. SHORT TITLE.
This Act may be cited as the "Federal Railroad Safety
Enhancement Act of 1999".
SEC. 2. FINDINGS.
The Congress finds and declares the following:
(1) Consistent with the purposes of the Government
Performance and Results Act of 1993, the Federal Railroad
Administration has reshaped the regulatory and compliance
components of the Federal railroad safety program to ensure
that the entire program is squarely focused on achieving
demonstrable results, i.e., reducing the number of deaths
and injuries associated with railroading in the United
States. The foundation of the program is its emphasis on
inclusion of all interested parties--railroad employees and
labor unions, railroad management, manufacturers, State
government groups, and public associations--in identifying
safety problems and implementing solutions. This emphasis
on safety partnership has helped begin a transformation of
key aspects of the corporate culture of the Nation's
railroads, a transformation that is producing safety and
business benefits.
(2) The Safety Assurance and Compliance Program is an
approach to safety that emphasizes the active partnership of
the Federal Railroad Administration, rail labor
representatives, and railroad management in identifying
current safety problems and jointly developing effective
solutions to those problems. One fundamental principle of
this approach is tracing a safety problem to its root cause
and attacking that cause rather than only its symptoms.
Where a problem is determined to be system-wide, this
approach calls for a system-wide solution. Under this
approach, the Federal Railroad Administration seeks to focus
its inspection and enforcement resources on the most serious
safety problems. This approach has demonstrated significant
capacity for identifying and eliminating the root cause of
system-wide safety problems by enlisting those most directly
affected by such problems--railroad employees and managers--
in a partnership effort. Used together with the Federal
Railroad Administration's regular inspections and
enforcement tools, this approach provides a firm basis for
addressing the safety challenges facing the changing
railroad industry and advancing toward the safety program's
ultimate goal of zero tolerance for any safety hazard in the
railroad industry.
(3) The Railroad Safety Advisory Committee, which was
established by the Federal Railroad Administration under the
Federal Advisory Committee Act (5 U.S.C. App. 2), is proving
to be an effective means of involving interested members of
the railroad community, including the staff of the National
Transportation Safety Board, in the development of railroad
safety rules issued by the Federal Railroad Administration.
The Congress strongly encourages the continued use of this
collaborative method of developing safety regulations, which
is more likely to produce rules that are based on an
industry consensus and, accordingly, more readily understood
and more consistently complied with, than rules produced
under more traditional methods.
(4) A critical element for the sustained success of any
company's safety program is the establishment and growth of
a clearly defined, positive safety culture. The safety
culture of a company encompasses the beliefs, values,
attitudes, and practices shared by employees and company
officials and includes such matters as how decisions are
made, who makes them, how rewards and discipline are
distributed, who is promoted, and how people are treated.
Many of today's most successful organizations recognize
that people are their most important assets; they have come
to realize that it is important for managers and employees
to share a common vision and work in concert to pursue
common goals. By exploring innovative concepts involving
employee empowerment, coaching, counseling, and enhanced
training-often through joint partnerships involving rail
labor, railroad management, and the Federal Railroad
Administration--some railroads are seeking new and better
methods to promote compliance with company and Federal
safety rules and to promote the free flow of safety-related
information to better identify safety hazards and prevent
injuries and accidents. The improvements in the industry's
safety culture that have resulted from these initiatives
hold the promise of increasing railroad safety to historic
levels and moving toward the ultimate goal of zero tolerance
for safety hazards. The Congress strongly endorses efforts
by the Federal Railroad Administration, rail labor, and
individual railroads to build meaningful safety partnerships
that foster positive safety cultures on the Nation's
railroads. The Federal Railroad Administration has
committed to report regularly to the Congress on the
continuing evolution of the railroad industry's safety
culture.
(5) Although advances have been made in the industry's
safety culture and rail safety trends are generally
favorable, in terms of total fatalities, employee and other
injuries, and grade crossing incidents, nevertheless, too
many of these accidents and incidents still occur, as
illustrated by recent fatalities related to railroading. In
1998, eight railroad employees were killed in switching-
related incidents, and one was killed in a train collision.
In the same year, hundreds of motorists, their passengers,
and others lost their lives in grade crossing accidents and
incidents, the vast majority of which are attributable to
human factors involving the motorists. More recently, in
March 1999, 11 Amtrak passengers died in a truck-train grade
crossing collision at Bourbonnais, Illinois. Furthermore,
each year approximately a third of all train accidents are
caused by human factors. Clearly, there is a need for
changes in the law to prevent deaths and accidents such as
these by finding remedies to the kinds of conditions and
behaviors that permitted these tragedies to occur;
therefore, we enact the following statute, which deals with
the critical human factor issues of fatigue and safety
culture in the railroad industry, with grade crossing
safety, and with other important rail safety issues.
SEC. 3. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
SEC. 4. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Amendment of title 49, United States Code.
Sec. 4. Table of contents.
TITLE I--HOURS OF SERVICE
Sec. 101. Definitions.
Sec. 102. Limitations on duty hours of train employees.
Sec. 103. Limitations on duty hours of signal employees.
Sec. 104. Limitations on duty hours of dispatching service
employees.
Sec. 105. Conforming amendments regarding hours of service
violations.
Sec. 106. Fatigue management plans.
Sec. 107. Joint submission of waiver petitions.
Sec. 108. Employee sleeping quarters.
TITLE II-MONITORING OF RAILROAD RADIO COMMUNICATIONS
Sec. 201. Enhanced inspection and investigation authority
under
the Federal railroad safety laws.
Sec. 202. Exception to chapter 119, title 18, United States
Code.
TITLE III-RULEMAKING AUTHORITY
Sec. 301. Railroad accident and incident reporting.
Sec. 302. High-speed rail noise regulation.
TITLE IV-WHISTLEBLOWER PROTECTION
Sec. 401. Expansion of employee protections.
TITLE V-GRADE CROSSING SAFETY
Sec. 501. Emergency notification of grade crossing problems.
Sec. 502. Grade crossing signal violations.
Sec. 503. National highway-rail crossing inventory.
TITLE VI-MISCELLANEOUS PROVISIONS
Sec. 601. Technical amendments regarding adjustment of civil
penalties for inflation.
Sec. 602. Revision of special preemption provision.
Sec. 603. Railroad safety inspection user fees.
Sec. 604. Authorization of appropriations.
TITLE I--HOURS OF SERVICE
SEC. 101. DEFINITIONS.
Section 21101 is amended-
(1) in paragraph (4), by striking "employed by a
railroad carrier"; and
(2) by inserting the following new paragraphs:
"(6) 'dually employed' means being at the same
time in the employ of two or more railroad carriers, of
two or more railroad contractors, or of both one or
more railroad carriers and one or more railroad
contractors.
"(7) 'railroad contractor' or, in context,
'contractor' means an independent contractor to a
railroad carrier or a subcontractor to an independent
contractor to a railroad carrier.".
SEC. 102. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOYEES.
(a) Section 21103(a) is amended by--
(1) striking "officers" and substituting "managers,
supervisors, officers,";
(2) redesignating the text of the subsection as
paragraph (1) of the subsection, and redesignating
paragraphs (1) and (2) as subparagraphs (A) and (B),
respectively, of the paragraph; and
(3) inserting the following at the end:
"(2) Except as provided in subsection (c) of this
section, a railroad carrier and its managers, supervisors,
officers, and agents and a railroad contractor and the
contractor's managers, supervisors, officers, and agents may
not, if the railroad carrier or railroad contractor has
actual knowledge that a train employee is dually employed
and actual knowledge of the individual's schedule for the
time period in question, require or allow the dually
employed train employee to remain or go on duty, nor may a
dually employed train employee remain or go on duty-
"(A) unless that employee has had at least 8
consecutive hours off duty during the prior 24 hours;
or
"(B) after that employee has been on duty for 12
consecutive hours, until that employee has had at least
10 consecutive hours off duty.".
(b) Section 21103 is amended by adding the following at
the end:
"(d) NOTICE ABOUT DUAL EMPLOYMENT AND SCHEDULE.--(1)
Notification Duties of Railroad Carriers and Railroad
Contractors.--Not later than January 31 each year, a
railroad carrier and a railroad contractor shall inform each
of its train employees in writing-
"(A) that all time spent performing aggregate duty
on one or more railroad carriers or one or more
railroad contractors or a combination thereof counts
towards the limitations on duty hours of this section;
"(B) about the employee's responsibilities under
paragraph (2) of this subsection; and
"(C) about the penalties under section 21303 of
this title applicable to a failure to comply with
paragraph (2) of this subsection.
"(2) Duties of Employees.--A dually employed train
employee-
"(A) shall inform each of his or her railroad
carrier employers and railroad contractor employers in
writing within 5 days of establishing an employee-
employer relationship that results in the employee's
becoming dually employed; and
"(B) shall ensure that each of his or her railroad
carrier employers and railroad contractor employers is
kept informed about the employee's current work
schedule with each of his or her other employing
railroad carriers and railroad contractors. The
notification shall state which portions of that service
are likely to be in covered service.
"(3) Record Retention Duties of Railroad Carriers and
Railroad Contractors.--Upon receiving written notification
of dual employment, a railroad carrier and a railroad
contractor shall-
"(A) retain at the carrier's system and division
headquarters or at the contractor's headquarters one
copy of the notification for a period of 2 years after
termination of such dual employment status; and
"(B) make the record available to representatives
of the Secretary for inspection and copying during
normal business hours.".
SEC. 103. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOYEES.
(a) Section 21104(a)(2) is amended by--
(1) striking "officers" and substituting "managers,
supervisors, officers,";
(2) redesignating the text of the paragraph as
subparagraph (A) of the paragraph, and redesignating
subparagraphs (A), (B), and (C) as clauses (i), (ii), and
(iii), respectively, of the subparagraph; and
(3) inserting the following at the end:
"(B) Except as provided in subsection (c) of this
section, a railroad carrier and its managers, supervisors,
officers, and agents and a railroad contractor and the
contractor's managers, supervisors, officers, and agents may
not, if the railroad carrier or railroad contractor has
actual knowledge that a signal employee is dually employed
and actual knowledge of the individual's schedule for the
time period in question, require or allow the dually
employed signal employee to remain or go on duty, nor may a
dually employed signal employee remain or go on duty--
"(i) unless that employee has had at least 8
consecutive hours off duty during the prior 24 hours;
"(ii) after that employee has been on duty for 12
consecutive hours, until that employee has had at least
10 consecutive hours off duty; or
"(iii) 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.".
(b) Section 21104(b) is amended in paragraph (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".
(c) Section 21104 is amended by adding the following at
the end:
"(d) NOTICE ABOUT DUAL EMPLOYMENT AND SCHEDULE.--(1)
Notification Duties of Railroad Carriers and Railroad
Contractors.--Not later than January 31 each year, a
railroad carrier and a railroad contractor shall inform each
of its signal employees in writing-
"(A) that all time spent performing aggregate duty
on one or more railroad carriers or one or more
railroad contractors or a combination thereof counts
towards the limitations on duty hours of this section;
"(B) about the employee's responsibilities under
paragraph (2) of this subsection; and
"(C) about the penalties under section 21303 of
this title applicable to a failure to comply with
paragraph (2) of this subsection.
"(2) Duties of Employees.--A dually employed signal
employee-
"(A) shall inform each of his or her railroad
carrier employers and railroad contractor employers in
writing within 5 days of establishing an employee-
employer relationship that results in the employee's
becoming dually employed; and
"(B) shall ensure that each of his or her railroad
carrier employers and railroad contractor employers is
kept informed about the employee's current work
schedule with each of the other employing railroad
carriers and railroad contractors. The notification
shall state which portions of that service are likely
to be in covered service.
"(3) Record Retention Duties of Railroad Carriers and
Railroad Contractors.-Upon receiving written notification of
dual employment, a railroad carrier and railroad contractor
shall-
"(A) retain at the carrier's system and division
headquarters or at the contractor's headquarters one
copy of the notification for a period of 2 years after
termination of such dual employment status; and
"(B) make the record available to representatives
of the Secretary for inspection and copying during
normal business hours.".
SEC. 104. LIMITATIONS ON DUTY HOURS OF DISPATCHING SERVICE
EMPLOYEES.
(a) Section 21105(b) is amended by--
(1) striking "or allowed" and substituting "or allowed
by a railroad carrier or its managers, supervisors,
officers, and agents";
(2) redesignating the text of the subsection as
paragraph (1) of the subsection, and redesignating
paragraphs (1) and (2) as subparagraphs (A) and (B),
respectively, of the paragraph; and
(3) inserting the following at the end:
"(2) Except as provided in subsection (d) of this
section, a railroad carrier and its managers, supervisors,
officers, and agents and a railroad contractor and the
contractor's managers, supervisors, officers, and agents may
not, if the railroad carrier or railroad contractor has
actual knowledge that a dispatching service employee is
dually employed and actual knowledge of the individual's
schedule for the time period in question, require or allow
the dually employed dispatching service employee to remain
or go on duty, nor may a dually employed dispatching service
employee remain or go on duty, for more than-
"(A) a total of 9 hours during a 24-hour period in
a tower, office, station, or place at which at least 2
shifts are employed; or
"(B) a total of 12 hours during a 24-hour period
in a tower, office, station, or place at which only one
shift is employed.".
(b) Section 21105(c) is amended to read as follows:
"(c) DETERMINING TIME ON DUTY.--In determining under
subsection (b) of this section the time a dispatching
service employee is on or off duty, the following rules
apply:
"(1) Time spent performing any other service for
one or more railroad carriers or one or more railroad
contractors or a combination thereof during a 24-hour
period in which the employee is on duty in a tower,
office, station, or other place is time on duty in that
tower, office, station, or place, and counts toward the
employee's aggregate time on duty.
"(2) If during a 24-hour period an employee
performs the duties of a dispatching service employee
for more than one railroad carrier or railroad
contractor or for a railroad carrier and a railroad
contractor, and at least one of those tours of duty is
in a tower, office, station, or other place at which at
least 2 shifts are employed, then the duty limits of
subsection (b)(1) of this section apply.
"(3) All time on duty by the employee for any
railroad carrier or railroad contractor shall be
included.".
(c) Section 21105 is amended by adding the following at
the end:
"(e) NOTICE ABOUT DUAL EMPLOYMENT AND SCHEDULE.--(1)
Notification Duties of Railroad Carriers and Railroad
Contractors.--Not later than January 31 each year, a
railroad carrier and a railroad contractor shall inform each
of its dispatching service employees in writing-
"(A) that all time spent performing aggregate duty
on one or more railroad carriers or railroad
contractors or a combination thereof counts towards the
limitations on duty hours of this section;
"(B) about the employee's responsibilities under
paragraph (2) of this subsection;
"(C) about the penalties under section 21303 of
this title applicable to a failure to comply with
paragraph (2) of this subsection.
"(2) Duties of Employees.--A dually employed
dispatching service employee-
"(A) shall inform each of his or her railroad
carrier employers and railroad contractor employers in
writing within 5 days of establishing an employee-
employer relationship that results in the employee's
becoming dually employed; and
"(B) shall ensure that each of his or her railroad
carrier employers and railroad contractor employers is
kept informed about the employee's current work
schedule with each of his or her other employing
railroad carriers and railroad contractors. The
notification shall state which portions of that service
are likely to be in covered service.
"(3) Record Retention Duties of Railroad Carriers and
Railroad Contractors.--Upon receiving written notification
of dual employment, a railroad carrier and a railroad
contractor shall-
"(A) retain at the carrier's system and division
headquarters or at the railroad contractor's
headquarters one copy of the notification for a period
of 2 years after termination of such dual employment
status; and
"(B) make the record available to representatives
of the Secretary for inspection and copying during
normal business hours.".
SEC. 105. CONFORMING AMENDMENTS REGARDING HOURS OF
SERVICE VIOLATIONS.
(a) Section 21106 is amended by striking "officers"
and substituting "managers, supervisors, officers,".
(b) Section 21303(c) is amended by striking "officers"
and substituting "managers, supervisors, officers,".
SEC. 106. FATIGUE MANAGEMENT PLANS.
(a) AMENDMENT.--Chapter 211 is amended by adding at
the end the following new section:
"Sec. 21109. Fatigue management plans
"(a) SUBMISSION OF PLANS AND AMENDMENTS.--(1) Each
Class I and Class II railroad carrier, each railroad carrier
providing intercity railroad passenger service, and each
railroad carrier providing commuter or other short-haul
railroad passenger service in a metropolitan or suburban
area, shall submit to the Secretary of Transportation a
fatigue management plan that is designed to reduce the
fatigue experienced by railroad employees (as defined by
section 21101 of this chapter) covered by the hours of
service laws and railroad employees who construct or
maintain track, and to reduce the likelihood of accidents
and injuries caused by fatigue. The plan shall discuss each
of the elements set forth in subsection (b) of this section
and shall be submitted not more than one year after
enactment of this section, or not less than 45 days prior to
commencing railroad operations, whichever is later.
However, with respect to any group of directly affected
employees, a carrier may submit its plan within two years of
enactment if, within one year of enactment, it submits to
the Secretary a letter signed by the labor organization
representing those employees stating that the carrier is
actively involved in negotiating a fatigue management plan
with that organization. A carrier shall file any amendment
to its plan with the Secretary.
"(2) Each Class III railroad carrier that operates on
the track of a carrier subject to paragraph (1) of this
subsection (or otherwise engages in joint operations with a
carrier subject to paragraph (1) of this subsection), except
as necessary for purposes of interchange, shall submit to
the Secretary a fatigue management plan that is designed to
reduce the fatigue experienced by train employees (as
defined by section 21101 of this chapter) covered by the
hours of service laws and to reduce the likelihood of
accidents and injuries caused by fatigue. However, the plan
submitted by each affected Class III railroad carrier need
not discuss employees who are not engaged in or connected
with the movement of a train over the track of a carrier
subject to paragraph (1) of this subsection (or otherwise
engage in joint operations with a carrier subject to
paragraph (1) of this subsection) except as necessary for
the purpose of interchange. The plan shall discuss the
elements set forth in subsection (b) of this section and
shall be submitted not more than three years after enactment
of this section, or not less than 60 days prior to
commencing railroad operations, whichever is later.
"(3) Each railroad carrier subject to paragraph (1) or
(2) of this subsection shall implement its plan and any
amendment to that plan no later than 90 days after the date
of its submission to the Secretary. If the plan fails to
contain a discussion of any required element, the Secretary
shall notify the carrier as to the specific element or
elements that were omitted. The carrier shall then submit
an amended plan within 90 days of such notification.
"(4)(A) Each railroad carrier subject to paragraph (1)
or (2) of this subsection shall employ good faith and use
its best efforts to reach agreement by consensus with all of
its directly affected employee groups (including each labor
organization representing a class or craft of directly
affected employees of the railroad carrier (as applicable))
on the contents of the fatigue management plan and
amendments to the plan, and, wherever possible, the carrier
and those employee groups shall jointly submit the plan and
each amendment to the Secretary.
"(B) If the carrier and its employees cannot reach
consensus on the contents of the plan or an amendment to the
plan, then-
(i) the carrier shall file the plan or
amendment with the Secretary as required by
subsection (a) of this section; and
(ii) each directly affected employee group
(as applicable), may include in the plan or an
amendment to a plan a statement explaining its
views on the plan or amendment on which consensus
was not reached.
"(b) ELEMENTS OF THE FATIGUE MANAGEMENT PLAN.--(1)
General Factors.--The fatigue management plan and each
amendment shall-
"(A) be based upon scientific knowledge and
literature relating to fatigue;
"(B) describe the methods and measures the
carrier will utilize to determine the effectiveness of
each fatigue countermeasure;
"(C) take into account the varying circumstances
of operations by the railroad carrier on different
parts of its system, and what variations in fatigue
countermeasures are appropriate to address those
varying circumstances; and
"(D) to the extent that implementation of the plan
is connected in any way to a waiver request submitted
under section 21108 of this chapter, discuss that
connection.
"(2) Subjects that Concern All Directly Affected
Employees.- -With respect to directly affected employees,
whether working in scheduled or nonscheduled service, the
plan shall discuss the following subjects:
"(A) Education and training on the physiological
and other human factors that affect fatigue, as well as
strategies to counter fatigue.
"(B) Joint labor/management initiatives concerning
the identification, diagnosis, and treatment of sleep
disorders that could contribute to fatigue.
"(C) Methods of avoiding increased fatigue due to
the need to respond to emergency situations, such as
derailments and natural disasters.
"(D) Scheduling practices that improve work/rest
cycles and minimize cumulative sleep loss and fatigue.
"(E) Methods used to determine that current and
future staffing levels are adequate to ensure that
current and anticipated workloads can be handled
without exacerbating fatigue on the part of affected
employees.
"(F) Alertness strategies to address acute
sleepiness and fatigue while an employee is on duty.
"(G) Opportunities to obtain restful sleep at
lodging facilities.
"(H) How to minimize disturbances of the
employee's rest within the carrier's control during
rest periods.
"(3) Subjects that Concern Directly Affected Employees
in Nonscheduled Service.--With respect to directly affected
employees working in nonscheduled service, the plan shall
also discuss the following subjects:
"(A) Methods of affording greater scheduling
predictability to allow an employee to better plan
personal activities, sleep, and preparation for work
during the off-duty period.
"(B) How to provide employees with opportunities
to take days off from work on a scheduled basis.
"(C) How to avoid abrupt changes in rest cycles
for employees returning to duty after an extended
absence due to circumstances including illness, injury,
or vacation.
"(D) Ways to minimize the amount of time that
employees spend awaiting the arrival of deadhead
transportation to their points of final release, and to
mitigate the fatigue consequences of excessive waiting
time.
"(E) How to maximize the amount of rest time given
at the employee's home terminal.
"(c) REPORTS TO THE SECRETARY ON EFFECTIVENESS OF
COUNTERMEASURES.--(1) Each railroad carrier required by
paragraph (1) of subsection (a) of this section to submit a
fatigue management plan shall also submit to the Secretary
by June 30 of the years 2000 through 2003, an annual report
on the effectiveness of each fatigue countermeasure that it
has employed, including a description of the methods and
measures employed by the carrier to determine the
effectiveness of these countermeasures and any problems
encountered in implementing them. In preparing each report,
a carrier shall consult with the labor organizations that
represent the classes or crafts of directly affected
employees of the railroad carrier; each report shall include
any comments these organizations have on the report.
"(2) Each railroad carrier required by paragraph (2)
of subsection (a) of this section to submit a fatigue
management plan for its affected train employees shall also
submit to the Secretary by June 30, 2003, a report on the
effectiveness of each fatigue countermeasure that it has
employed, including a description of the methods and
measures employed by the carrier to determine the
effectiveness of these countermeasures and any problems
encountered in implementing them. In preparing the report,
a carrier shall consult with the labor organizations that
represent the affected train employees of the carrier; each
report shall include any comments these organizations have
on the report.
"(d) SECRETARY'S ASSESSMENT OF FATIGUE COUNTERMEASURES.-
- The Secretary shall, at least once every fiscal year for
the fiscal years 2000 through 2003, provide to the
committees of jurisdiction a current assessment (which may
be in letter form) of fatigue mitigation efforts by railroad
carriers and their directly affected employees, a summary of
any regulatory or other action the Secretary intends to take
regarding fatigue mitigation, and any recommendations for
legislative action concerning fatigue. In making such
recommendations, the Secretary shall consider whether, in
the interest of railroad safety, additional categories or
classes of railroad carriers should be required to submit
fatigue management plans, including whether additional
categories or classes of carrier employees should be
covered.
"(e) ENFORCEMENT.--(1) It shall be a violation of this
section for a railroad carrier subject to this section to-
"(A) fail to submit to the Secretary a fatigue
management plan or, in any, an amendment to a fatigue
management plan, by the required date;
"(B) submit a fatigue management plan that fails
to contain a discussion of the elements required to be
included under subsection (b) of this section, unless
the carrier submits a properly amended plan within the
time provided under subsection (a)(3) of this section;
"(C) fail to implement substantially its fatigue
management plan by the required date;
"(D) fail to submit to the Secretary a report
under subsection (c) of this section by the required
date; or
"(E) submit a report under subsection (c) of this
section that fails to contain a discussion of the
elements required to be included.
"(2) Every day that a violation continues constitutes a
separate violation.
"(3) In addition to other enforcement actions available
with regard to violations of this section, the Secretary
may, with regard to violations listed in subparagraphs
(1)(A) and (C) of this subsection, issue an order under
section 20111 of this part, directing the carrier to
implement whatever fatigue mitigation measures the Secretary
finds to be appropriate to deal with the lack of a plan or
lack of substantial implementation of one or more elements
of a plan, which may include restrictions on maximum on-duty
hours or minimum off-duty periods, or both, that are more
stringent than the restrictions of this chapter, such as
minimum periods of advance notice of reporting times,
minimum periods of undisturbed rest, a specified number of
days off in a week or month, longer periods off duty, and
shorter periods on duty.
"(f) DEFINITIONS.-In this section-
"(1) 'directly affected employee' means-
"(A) with respect to a Class I or II railroad
carrier or a railroad carrier providing intercity
railroad passenger service or commuter or other short-
haul railroad passenger service in a metropolitan or
suburban area, an employee of that carrier covered by
the hours of service laws and an employee of that
carrier who constructs or maintains track and is
therefore covered by the terms of the plan; and
"(B) with respect to a Class III railroad carrier,
a train employee (as defined by section 21101 of this
chapter) covered by the hours of service laws who is
engaged in or connected with the movement of a train
over the track of a carrier subject to subsection
(a)(1) of this section (or otherwise engaged in joint
operations with a carrier subject to subsection (a)(1)
of this section) except as necessary for purposes of
interchange.
"(2) 'employee in nonscheduled service' means a
directly affected employee who is assigned to work a tour of
duty without regular and predictable starting and stopping
times.
"(g) CONSULTATION WITH KNOWLEDGEABLE GROUPS.--In
carrying out duties under this section, the Secretary may
consult with and receive advice and recommendations from any
group comprised of labor and management representatives with
relevant expertise, including the North American Rail
Alertness Partnership, or technical experts. Such
consultation is not subject to the Federal Advisory
Committee Act (5 U.S.C. App.).".
(b) TABLE OF SECTIONS AMENDMENT.--The table of
sections for chapter 211 is amended by adding at the end the
following new item:
"21109. Fatigue management plans.".
SEC. 107. JOINT SUBMISSION OF WAIVER PETITIONS.
(a) AMENDMENT.--Chapter 211 is amended by striking the
existing section 21108 and substituting the following:
"Sec. 21108. Joint submission of waiver petitions
"(a) WAIVER.--
"(1) Petition.--A railroad carrier (including a Class
III railroad carrier) and all labor organizations
representing any class or craft of directly affected
employees of the railroad carrier may jointly petition the
Secretary of Transportation for approval of a waiver, in
whole or in part, of compliance with this chapter, in order
to implement alternatives to the strict application of the
requirements of this chapter to such class or crafts of
employees, including requirements concerning maximum on-duty
and minimum off-duty periods. If the petition has any
connection to a fatigue management plan that has been or
will be submitted under section 21109 of this chapter, the
petition shall explain the relationship between the waiver
being sought and any specific provisions of that plan.
"(2) Authority to Waive.--Based on such a joint
petition under paragraph (1) or paragraph (3) of this
subsection, the Secretary may, after notice and opportunity
for comment, waive in whole or in part compliance with this
chapter for any specified time period, if the Secretary
determines that such a waiver of compliance is in the public
interest and consistent with railroad safety. A waiver is
consistent with railroad safety if it is demonstrated that
the employees involved will perform their job functions at a
level of safety at least functionally equivalent to that
afforded by the provision or provisions of this chapter
sought to be waived. A notice of any petition under this
section and an explanation of any waiver granted under this
section shall be published in the Federal Register.
"(3) When Employees Are Not Represented by Labor
Organizations.--In the event that labor organizations do not
represent classes or crafts of directly affected employees
of a railroad carrier, the carrier may, after consulting
with all of its directly affected employee groups in
drafting the waiver request, request the waiver of any
provisions of this chapter, subject to the same conditions
and procedures as a request made under paragraph (1) of this
subsection.
"(b) DEFINITION.-In this section, 'directly affected
employee' means an employee covered by the hours of service
laws to whose hours of service the terms of the waiver
petitioned for specifically apply.".
(b) TABLE OF SECTIONS AMENDMENT.--The table of sections
for chapter 211 is amended by striking "21108. Pilot
projects." and inserting in its place the following:
"21108. Joint submission of waiver petitions.".
SEC. 108. EMPLOYEE SLEEPING QUARTERS.
Section 21106 is amended-
(1) by inserting "(a) SLEEPING QUARTERS.--" before "A
railroad carrier and its";
(2) by striking the word "and" at the end of paragraph
(1);
(3) by striking the word "performed" at the end of
paragraph (2) and substituting "performed; and";
(4) by inserting the following new paragraph after
paragraph (2):
"(3) may not, after January 1, 2002, 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 in an area
or in the immediate vicinity of an area in which railroad
switching or humping operations are performed."; and
(5) by inserting the following at the end:
"(b) DEFINITION.-In subsection (a)(3) of this section,
'immediate vicinity' means the area within one-half mile
(2,640 feet) (804 meters) of switching or humping operations
as measured from the nearest rail of the nearest trackage
where switching or humping operations are performed to the
exterior wall of the structure housing the sleeping quarters
that is closest to such operations.".
TITLE II-MONITORING OF RAILROAD RADIO COMMUNICATIONS
SEC. 201. ENHANCED INSPECTION AND INVESTIGATION AUTHORITY
UNDER THE FEDERAL RAILROAD SAFETY LAWS.
Section 20107 is amended by inserting at the end the
following new subsections:
"(c) RAILROAD RADIO COMMUNICATIONS.--(1) To carry
out the Secretary's responsibilities under this part,
officers, employees, or agents of the Secretary are
authorized to conduct the following kinds of inspection
and investigative activities at reasonable times:
"(A) to listen to a radio communication that
is broadcast or transmitted over a frequency
authorized by the Federal Communications
Commission to a railroad carrier, with or without
making their presence known to the sender or other
receivers of the communication and with or without
obtaining the consent of the sender or other
receivers of the communication.
"(B) to communicate the existence, contents,
substance, purport, effect, or meaning of the
communication, subject to the restrictions in
paragraph (3) of this subsection.
"(C) to receive or assist in receiving the
communication (or any information therein
contained).
"(D) having received the communication or
having become acquainted with the contents,
substance, purport, effect, or meaning of the
communication (or any part thereof), to disclose
the contents, substance, purport, effect, or
meaning of the communication (or any part thereof
of such communication) or use the communication
(or any information contained therein), subject to
the restrictions in paragraph (3) of this
subsection.
"(E) to record the communication by any
means, including writing and tape recording.
"(2) The purposes for which officers, employees,
or agents of the Secretary are permitted to engage in
the activities set forth in paragraph (1) of this
subsection include rulemaking, accident investigation,
and acquiring general information as to railroad
operations.
"(3) Information obtained in compliance with
paragraphs (1) and (2) of this subsection may not be
used as evidence for the assessment or collection of
civil penalties or for the implementation of other
enforcement mechanisms provided in sections 20702(b),
20111, 20112, 20113, or 20114 of this title and may not
be conveyed to a railroad carrier, but may be used as
background for further investigation which might lead
to the discovery of other useful evidence.
"(4) The authority granted by this subsection
shall be an exception to the general prohibitions of
section 605 of title 47, United States Code, and
chapter 119 of title 18, United States Code.
"(d) DEFINITION.--In this section, 'at reasonable
times' means at any time that the railroad carrier being
inspected or investigated is performing its rail
transportation business.".
SEC. 202. EXCEPTION TO CHAPTER 119, TITLE 18, UNITED STATES
CODE.
Section 2511(2) of title 18, United States Code, is
amended by adding after paragraph (h), the following new
paragraph:
"(i) Notwithstanding any other provision of this
chapter or section 605 of title 47, United States Code,
officers, employees, or agents of the Secretary of
Transportation in the normal course of employment and
in furtherance of the Federal railroad safety laws at
subtitle V, part A, of title 49 may intercept radio
communications broadcast or transmitted over a
frequency authorized by the Federal Communications
Commission to a railroad carrier and may disclose or
use the information thereby obtained, for the purposes
and to the extent permitted by section 20107(c) of
title 49.".
TITLE III-RULEMAKING AUTHORITY
SEC. 301. RAILROAD ACCIDENT AND INCIDENT REPORTING.
Section 20901(a) is amended to read as follows:
"(a) GENERAL REQUIREMENTS.-On a periodic basis not
less often than monthly or, if no qualifying accident
or incident occurs, on a periodic basis not less often
than quarterly, as specified by the Secretary of
Transportation, a railroad carrier shall file a report
with the Secretary on all accidents and incidents
resulting in injury or death to an individual or damage
to equipment or a roadbed arising from the carrier's
operations during that month or other applicable
period. The report shall state the nature, cause, and
circumstances of each reported accident or incident.
If a railroad carrier assigns human error as a cause,
the report shall include, at the option of each
employee whose error is alleged, a statement by the
employee explaining any factors the employee alleges
contributed to the accident or incident.".
SEC. 302. HIGH-SPEED RAIL NOISE REGULATION.
(a) AMENDMENT.--Chapter 201 is amended by adding a new
section at the end as follows:
"Sec. 20154. High-speed rail noise regulation
The Secretary of Transportation, with the concurrence
of the Administrator of the Environmental Protection
Agency, shall prescribe regulations governing noise
emissions from high-speed rail systems, including magnetic
levitation systems, when operating at speeds greater than
150 miles per hour. Railroad-related noise regulations
issued pursuant to the Noise Control Act of 1972 (42 U.S.C.
4916(a)) shall govern noise emissions from locomotives,
cars, and consists of locomotives and cars, when operating
at speeds equal to or less than 150 miles per hour.".
(b) TABLE OF SECTIONS AMENDMENT.--The table of sections
of subchapter II of chapter 201, is amended by adding at the
end the following new item:
"20154. High-speed rail noise regulation.".
TITLE IV-WHISTLEBLOWER PROTECTION
SEC. 401. EXPANSION OF EMPLOYEE PROTECTIONS.
(a) Section 20109(a) is amended-
(1) by striking "AND TESTIFYING" in the subsection
heading and substituting the following: ", TESTIFYING,
REPORTING INJURIES AND ILLNESSES, AND COOPERATING WITH
SAFETY INVESTIGATIONS";
(2) by striking "or" following the semicolon in
paragraph (1); and
(3) by striking the period at the end of paragraph
(2) and substituting a semicolon and the following:
"(3) notified, or attempted to notify,
the railroad carrier of a work-related
personal injury or work-related illness of an
employee; or
"(4) cooperated with a safety
investigation by the Secretary of
Transportation or the National Transportation
Safety Board.".
(b) Section 20109(b) is amended-
(1) by striking the subsection heading and
substituting "HAZARDOUS CONDITIONS";
(2) by inserting in paragraph (1) "or against an
employee responsible for the inspection or repair of
safety-related equipment, track, or structures for
refusing to authorize the use of such equipment, track,
or structures when the employee believes that the
equipment, track, or structures are in a hazardous
condition and that the use of the equipment, track, or
structures would endanger human life," after
"performance of the employee's duties,"; and
(3) by striking subparagraph (C) and substituting
the following new subparagraph:
"(C) the employee, where possible, has notified
the 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.".
(c) Section 20109(c) is amended by striking the
subsection and substituting the following:
"(c) DISPUTE RESOLUTION.-(1) In General. A dispute,
grievance, or claim arising under this section is subject to
resolution--
"(A) under section 3 of the Railway Labor Act (45
U.S.C. 553); or
"(B) through a tort action brought by the employee
in a district court of the United States.
"(2) Expedited Resolution under Railway Labor Act.--In
a proceeding by the National Railroad Adjustment Board, a
division of delegate of the Board, or another board of
adjustment established under section 3 (45 U.S.C. 553) to
resolve the dispute, grievance, or claim, the proceeding
shall be expedited and the dispute, grievance, or claim
shall be resolved not later than 180 days after it is filed.
"(3) Venue.--A tort action under paragraph (1)(B) of
this subsection may be brought in the judicial district in
which the dispute, grievance, or claim arose or the
defendant has its principal executive office.
"(4) Relief.--If the employee has been found by the
Board, division, delegate, or other board of adjustment or
by the court, as applicable, to have been discharged,
suspended, or otherwise discriminated against in violation
of subsection (a) or (b) of this section, the Board
division, delegate, or other board of adjustment or the
court, as applicable-
"(A) may award reasonable damages, including
punitive damages sufficient to deter the railroad
carrier from such conduct in the future up to $100,000;
and
"(B) shall make the employee whole, including
reinstatement, with an award of back pay, and with all
benefits and accumulated seniority.".
TITLE V-GRADE CROSSING SAFETY
SEC. 501. EMERGENCY NOTIFICATION OF GRADE CROSSING
PROBLEMS.
Section 20152 is revised to read as follows:
"Sec. 20152. Emergency notification of grade crossing
problems
"(a) PROGRAM.-(1) The Secretary of Transportation shall
promote the establishment of emergency notification systems
utilizing toll-free telephone numbers that the public can
use to convey to railroad carriers, either directly or
through public safety personnel, information about
malfunctions of automated warning devices or other safety
problems at highway-rail grade crossings.
"(2) To assist in encouraging widespread use of such
systems, the Secretary may provide technical assistance and
enter into cooperative agreements. Such assistance shall
include appropriate emphasis on the public safety needs
associated with operation of small railroads.
"(b) REPORT.--Not later than 24 months following
enactment of the Federal Railroad Safety Enhancement Act of
1999, the Secretary shall report to Congress the status of
such emergency notification systems, together with any
recommendations for further legislation that the Secretary
considers appropriate.
"(c) CLARIFICATION OF TERM.-In this section, the use of
the term 'emergency' does not alter the circumstances under
which a signal employee subject to the hours of service law
limitations in chapter 211 of this title may be permitted to
work up to 4 additional hours in a 24-hour period when an
actual 'emergency' under section 21104(c) of this title
exists and the work of that employee is related to the
emergency.".
SEC. 502. VIOLATION OF GRADE CROSSING SIGNALS.
(a) GENERAL.-Section 20151 is amended-
(1) by amending the section heading to read as follows:
"Sec. 20151. Strategy to prevent railroad trespassing and
vandalism and violation of grade crossing signals";
(2) in subsection (a)-
(A) by striking "and vandalism affecting railroad
safety" and substituting ", vandalism affecting
railroad safety, and violations of highway-rail 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 highway-rail grade
crossing signals, shall be completed not later than one
year after the date of enactment of the Federal
Railroad Safety Enhancement Act of 1999" after
"November 2, 1994.";
(3) in the subsection heading of subsection (b),
by inserting "FOR TRESPASSING AND VANDALISM PREVENTION"
after "OUTREACH PROGRAM";
(4) in subsection (c)-
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting "(1)" after "MODEL
LEGISLATION.-"; and
(C) by adding at the end the following new
paragraph:
"(2) Not later than two years after the date of the
enactment of the Federal Railroad Safety Enhancement Act of
1999, 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
signals."; and
(5) by adding at the end the following new subsection:
"(d) DEFINITION.-In this section, 'violation of highway-
rail grade crossing signals' includes any action by a
motorist, unless directed by an authorized safety officer-
"(1) to drive around or through 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 determining 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. Strategy to prevent railroad trespassing and
vandalism and
violation of grade crossing signals.".
SEC. 503. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY.
(a) AMENDMENT.-Subchapter II of chapter 201, as
amended by this Act, is further amended by adding at the end
the following new section:
"Sec. 20155. National highway-rail crossing inventory
"(a) MANDATORY INITIAL REPORTING OF CROSSING
INFORMATION.-- No later than September 30, 2001, each
railroad carrier shall-
"(1) report to the Secretary of Transportation
certain information, as specified by the Secretary by
rule or order issued after notice and opportunity for
public comment or by guidelines, concerning each
highway-rail crossing through which the carrier
operates; or
"(2) otherwise ensure that the information has
been reported to the Secretary by that date.
"(b) MANDATORY PERIODIC UPDATING OF CROSSING
INFORMATION.--On a periodic basis beginning no later than
September 30, 2003, and not less often than September 30 of
every third year thereafter, or as otherwise specified by
the Secretary of Transportation by rule or order issued
after notice and opportunity for public comment or by
guidelines, each railroad carrier shall-
"(1) report to the Secretary certain current
information, as specified by the Secretary by rule or
order issued after notice and opportunity for public
comment or by guidelines, concerning each highway-rail
grade crossing through which it operates; or
"(2) otherwise ensure that the information has
been reported to the Secretary by that date.
"(c) DEFINITIONS.-In this section-
"(1) 'highway-rail crossing' means a location
within a State where a public highway, road, street, or
private roadway, including associated sidewalks and
pathways, crosses one or more railroad tracks either at
grade or grade separated.
"(2) 'State' means a State of the United States,
the District of Columbia, Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin
Islands.".
(b) TABLE OF SECTIONS AMENDMENT.-The table of sections
for chapter 201 is amended by adding after new item 20155
the following new item:
"20155. National highway-rail crossing inventory.".
(c) AMENDMENT.-Section 130 of title 23, United States
Code, is amended-(1) by amending the section heading to read
as follows:
"Sec. 130. Highway-rail crossings";
(2) by inserting the following new subsection at the
end:
"(k) NATIONAL HIGHWAY-RAIL CROSSING INVENTORY.-(1)
Mandatory Initial Reporting of Crossing Information.--No
later than September 30, 2001, each State shall-
"(A) report to the Secretary of Transportation
certain information, as specified by the Secretary by
rule or order issued after notice and opportunity for
public comment or by guidelines, concerning each
highway-rail crossing located within its borders; or
"(B) otherwise ensure that the information has
been reported to the Secretary by that date.
"(2) Mandatory Periodic Updating of Crossing
Information.-- On a periodic basis beginning no later than
September 30, 2003, and not less often than September 30 of
every third year thereafter, or as otherwise specified by
the Secretary of Transportation by rule or order issued
after notice and opportunity for public comment or by
guidelines, each State shall:
"(A) report to the Secretary certain current
information, as determined by the Secretary by rule or
order issued after notice and opportunity for public
comment or by guidelines, concerning each highway-rail
crossing located within its borders; or
"(B) otherwise ensure that the information has
been reported to the Secretary by that date.
"(3) Definitions.-In this subsection-
"(A) 'highway-rail crossing' means a location
where a public highway, road, street, or private
roadway, including associated sidewalks and pathways,
crosses one or more railroad tracks either at grade or
grade separated.
"(B) 'State' means a State of the United States,
the District of Columbia, Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin
Islands.".
(d) TABLE OF SECTIONS AMENDMENT.-The table of sections
for chapter 1 of title 23, United States Code, is amended by
striking the existing item for section 130 and substituting:
"130. Highway-rail crossings.".
(e) CIVIL PENALTIES.-(1) Section 21301(a)(1) is
amended-
(A) by striking the period at the end of the first
sentence and substituting "or with section 20155"; and
(B) in the second sentence, by inserting "or violating
section 20155" between "chapter 201" and "is liable".
(2) Section 21301(a)(2) is amended by inserting after
the first sentence the following: "The Secretary shall
subject a person to a civil penalty for a violation of
section 20155 of this title".
TITLE VI-MISCELLANEOUS PROVISIONS
SEC. 601. TECHNICAL AMENDMENTS REGARDING ADJUSTMENT OF
CIVIL PENALTIES FOR INFLATION.
(a) CHAPTER 201 GENERAL VIOLATIONS.--In section
21301(a)(2), as amended by this Act, insert after "$10,000"
and after "$20,000" the following: "or such other amount to
which the stated maximum penalty is adjusted if required by
the Federal Civil Penalties Inflation Adjustment Act of 1990
(Public Law 101- 410, 28 U.S.C. 2461 note)".
(b) CHAPTER 201 ACCIDENT AND INCIDENT VIOLATIONS AND
CHAPTER 203-209 VIOLATIONS.--In section 21302(a)(2), as
amended by this Act, insert after "$10,000" and after
"$20,000" the following: "or such other amount to which the
stated maximum penalty is adjusted if required by the
Federal Civil Penalties Inflation Adjustment Act of 1990
(Public Law 101-410, 28 U.S.C. 2461 note)".
(c) CHAPTER 211 VIOLATIONS.--In section 21303(a)(2), as
amended by this Act, insert after "$10,000" and after
"$20,000" the following: "or such other amount to which the
stated maximum penalty is adjusted if required by the
Federal Civil Penalties Inflation Adjustment Act of 1990
(Public Law 101-410, 28 U.S.C. 2461 note)".
SEC. 602. REVISION OF SPECIAL PREEMPTION PROVISION.
Section 711 of the Regional Rail Reorganization Act of
1973 (section 797j of title 45, United States Code), is
revised to read as follows:
"SEC. 711. No State may continue in force any law,
rule, regulation, order, or standard adopted before the
date of enactment of the Federal Railroad Safety
Enhancement Act of 1999 requiring any railroad in the
Region to employ any specified number of persons to
perform any particular task, function, or operation, or
requiring the railroad to pay protective benefits to
employees.".
SEC. 603. RAILROAD SAFETY INSPECTION USER FEES.
Section 20115 is amended--
(a) in subsection (a), by-
(1) striking "chapter" in the first sentence
and substituting "part"; and
(2) striking paragraph (1) and substituting
the following:
"(1) shall cover the costs incurred by the
Federal Railroad Administration in carrying out this
part and chapter 51 of this title;";
(b) by striking subsection (c) and substituting
the following:
"(c) COLLECTION, DEPOSIT, AND USE.--(1) The Secretary
is authorized to impose and collect fees under this section
for each fiscal year (beginning with fiscal year 2000)
before the end of the fiscal year to cover the costs of
carrying out this part and Federal Railroad Administration
activities in connection with chapter 51 of this title.
"(2) Fees authorized under this section shall be
collected and available for obligation only to the extent
and in the amount provided in advance in appropriations
acts. Such fees are authorized to be appropriated to remain
available until expended."; and
(c) by striking subsections (d) and (e).
SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
Section 20117(a) is amended-
(a) in subsection (a)(1), by striking "chapter" and
substituting "part and to carry out chapter 51 of this title
with respect to the railroad mode of transportation" and by
striking subparagraphs (A) through (F);
(b) by striking subsection (a)(2); and
(c) by redesignating subsection (a)(1) as subsection
(a), and inserting the following at the end:
"(1) $117,262,000 for the fiscal year ending
September 30, 2000.
"(2) Such sums as may be necessary for fiscal
years 2001 through 2003.".