Public Law 110-432/Division A

==DIVISION A—RAIL SAFETY==

Sec. 1. Short Title; Table of Contents; Amendment of Title 49.

(a) Short Title.—

This division may be cited as the ``Rail Safety Improvement Act of 2008´´.

(b) Table of Contents.—

The table of contents for this division is as follows:

Sec. 1. Short Title; Table of Contents; Amendment of Title 49.

Sec. 2. Definitions.

Sec. 3. Authorization of Appropriations.

TITLE I—RAILROAD SAFETY IMPROVEMENTS

Sec. 101. Federal Railroad Administration officers and duties.

Sec. 102. Railroad safety strategy.

Sec. 103. Railroad safety risk reduction program.

Sec. 104. Implementation of positive train control.

Sec. 105. Railroad safety technology grants.

Sec. 106. Reports on statutory mandates and recommendations.

Sec. 107. Rulemaking process.

Sec. 108. Hours-of-service reform.

Sec. 109. Protection of railroad safety risk analyses information.

Sec. 110. Pilot projects.

TITLE II—HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND TRESPASSER PREVENTION

Sec. 201. Pedestrian crossing safety.

Sec. 202. State action plans.

Sec. 203. Improvements to sight distance at highway-rail grade crossings.

Sec. 204. National crossing inventory.

Sec. 205. Telephone number to report grade crossing problems.

Sec. 206. Operation Lifesaver.

Sec. 207. Federal grants to States for highway-rail grade crossing safety.

Sec. 208. Trespasser prevention and highway-rail grade crossing safety.

Sec. 209. Accident and incident reporting.

Sec. 210. Fostering introduction of new technology to improve safety at highway-rail grade crossings.

TITLE III—FEDERAL RAILROAD ADMINISTRATION

Sec. 301. Human capital increases.

Sec. 302. Civil penalty increases.

Sec. 303. Enforcement report.

Sec. 304. Expansion of emergency order authority.

Sec. 305. Prohibition of individuals from performing safety-sensitive functions for a violation of hazardous materials transportation law.

Sec. 306. Railroad radio monitoring authority.

Sec. 307. Update of Federal Railroad Administration's website.

Sec. 308. Emergency waivers.

Sec. 309. Enforcement by the Attorney General.

Sec. 310. Criminal penalties.

TITLE IV—RAILROAD SAFETY ENHANCEMENTS

Sec. 401. Minimum training standards and plans.

Sec. 402. Certification of certain crafts or classes of employees.

Sec. 403. Track inspection time study.

Sec. 404. Study of methods to improve or correct station platform gaps.

Sec. 405. Locomotive cab studies.

Sec. 406. Development and use of rail safety technology.

Sec. 407. Unified treatment of families of railroad carriers.

Sec. 408. Study of repeal of Conrail provision.

Sec. 409. Limitations on non-Federal alcohol and drug testing by railroad carriers.

Sec. 410. Critical incident stress plan.

Sec. 411. Railroad carrier employee exposure to radiation study.

Sec. 412. Alcohol and controlled substance testing for maintenance-of-way employees.

Sec. 413. Emergency escape breathing apparatus.

Sec. 414. Tunnel information.

Sec. 415. Museum locomotive study.

Sec. 416. Safety inspections in Mexico.

Sec. 417. Railroad bridge safety assurance.

Sec. 418. Railroad safety infrastructure improvement grants.

Sec. 419. Prompt medical attention.

Sec. 420. Employee sleeping quarters.

TITLE V—RAIL PASSENGER DISASTER FAMILY ASSISTANCE

Sec. 501. Assistance by National Transportation Safety Board to families of passengers involved in rail passenger accidents.

Sec. 502. Rail passenger carrier plan to assist families of passengers involved in rail passenger accidents.

Sec. 503. Establishment of task force.

TITLE VI—CLARIFICATION OF FEDERAL JURISDICTION OVER SOLID WASTE FACILITIES

Sec. 601. Short title.

Sec. 602. Clarification of general jurisdiction over solid waste transfer facilities.

Sec. 603. Regulation of solid waste rail transfer facilities.

Sec. 604. Solid waste rail transfer facility land-use exemption authority.

Sec. 605. Effect on other statutes and authorities.

TITLE VII—TECHNICAL CORRECTIONS

Sec. 701. Technical corrections.

(c) Amendment of Title 49.—

Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code.

Sec. 2. Definitions.

(a) In General.—

In this division:

(1) CROSSING.—

The term `crossing´ means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks at grade where—

(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or

(B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated.

(2) DEPARTMENT.—

The term `Department´ means the Department of Transportation.

(3) RAILROAD.—

The term `railroad´ has the meaning given that term by section 20102 of title 49, United States Code.

(4) RAILROAD CARRIER.—

The term `railroad carrier´ has the meaning given that term by section 20102 of title 49, United States Code.

(5) SECRETARY.—

The term `Secretary´ means the Secretary of Transportation.

(6) STATE.—

The term `State´ means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(b) In Title 49.-

Section 20102 is amended—

(1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;

(2) by inserting before paragraph (2), as redesignated, the following:

`(1) `Class I railroad´, `Class II railroad´, and `Class III railroad´ mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1-1 of title 49, Code of Federal Regulations.´´; and

(3) by adding at the end thereof the following:

`(4) `safety-related railroad employee´ means—

`(A) a railroad employee who is subject to chapter 211;

`(B) another operating railroad employee who is not subject to chapter 211;

`(C) an employee who maintains the right of way of a railroad;

`(D) an employee of a railroad carrier who is a hazmat employee as defined in section 5102(3) of this title;

`(E) an employee who inspects, repairs, or maintains locomotives, passenger cars, or freight cars; and

`(F) any other employee of a railroad carrier who directly affects railroad safety, as determined by the Secretary.´´.

Sec. 3. Authorization of Appropriations.

Section 20117(a) 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) $225,000,000 for fiscal year 2009;

`(B) $245,000,000 for fiscal year 2010;

`(C) $266,000,000 for fiscal year 2011;

`(D) $289,000,000 for fiscal year 2012; and

`(E) $293,000,000 for fiscal year 2013.

`(2) With amounts appropriated pursuant to paragraph (1), the Secretary shall purchase Gage Restraint Measurement System vehicles and track geometry vehicles or other comparable technology as needed to assess track safety consistent with the results of the track inspection study required by section 403 of the Rail Safety Improvement Act of 2008.

`(3) There are authorized to be appropriated to the Secretary $18,000,000 for the period encompassing fiscal years 2009 through 2013 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 2009 through 2013 shall be made available to the Secretary for personnel in regional offices and in Washington, D.C., whose duties primarily involve rail security.´´.