49 U.S.C. § 20168 — Installation of audio and image record-

Page 598 TITLE 49—TRANSPORTATION § 20168 (2) the progress of each State in imple- menting its State highway-rail grade cross- ings action plan; (3) the number of highway-rail grade cross- ing projects undertaken pursuant to section 130 of title 23, including the distribution of such projects by cost range, road system, na- ture of treatment, and subsequent accident ex- perience at improved locations; (4) which States are not in compliance with their schedule of projects under section 130(d) of title 23; and (5) any recommendations for future imple- mentation of the railway-highway crossings program under section 130 of title 23. (b) UPDATES.—Not later than 5 years after the submission of the report required under sub- section (a), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Ad- ministration, shall— (1) update the report based on the State an- nual reports submitted pursuant to section 130(g) of title 23 and any other information ob- tained by or available to the Administrator of the Federal Railroad Administration; and (2) submit the updated report to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (c) DEFINITIONS.—In this section: (1) HIGHWAY-RAIL GRADE CROSSING.—The term ‘‘highway-rail grade crossing’’ means a location within a State, other than a location at which 1 or more railroad tracks cross 1 or more railroad tracks at grade, at which— (A) a public highway, road, or street, or a private roadway, including associated side- walks and pathways, crosses 1 or more rail- road tracks, either at grade or grade-sepa- rated; or (B) a pathway explicitly authorized by a public authority or a railroad carrier that— (i) is dedicated for the use of nonvehic- ular traffic, including pedestrians, bicyclists, and others; (ii) is not associated with a public high- way, road, or street, or a private roadway; and (iii) crosses 1 or more railroad tracks, ei- ther at grade or grade-separated. (2) STATE.—The term ‘‘State’’ means a State of the United States or the District of Colum- bia. (Added Pub. L. 117–58, div. B, title II, § 22403(b)(1), Nov. 15, 2021, 135 Stat. 735.) Editorial Notes REFERENCES IN TEXT Section 11401 of the Fixing America’s Surface Trans- portation Act, referred to in subsec. (a), is section 11401 of title XI of div. A of Pub. L. 114–94, which is set out as a note under section 22907 of this title. PRIOR PROVISIONS A prior section 20167, Pub. L. 110–432, div. A, title IV, § 418(a), Oct. 16, 2008, 122 Stat. 4891, related to railroad safety infrastructure improvement grants, prior to re- peal by Pub. L. 114–94, div. A, title XI, § 11301(c)(1), Dec. 4, 2015, 129 Stat. 1648, effective Oct. 1, 2015. § 20168. Installation of audio and image record- ing devices (a) IN GENERAL.—Not later than 2 years after the date of enactment of the Passenger Rail Re- form and Investment Act of 2015, the Secretary of Transportation shall promulgate regulations to require each railroad carrier that provides regularly scheduled intercity rail passenger or commuter rail passenger transportation to the public to install inward- and outward-facing image recording devices in all controlling loco- motive cabs and cab car operating compart- ments in such passenger trains. (b) DEVICE STANDARDS.—Each inward- and out- ward-facing image recording device shall— (1) have a minimum 12-hour continuous re- cording capability; (2) have crash and fire protections for any in-cab image recordings that are stored only within a controlling locomotive cab or cab car operating compartment; and (3) have recordings accessible for review dur- ing an accident or incident investigation. (c) REVIEW.—The Secretary shall establish a process to review and approve or disapprove an inward- or outward-facing image recording de- vice for compliance with the standards described in subsection (b). (d) USES.—A railroad carrier subject to the re- quirements of subsection (a) that has installed an inward- or outward-facing image recording device approved under subsection (c) may use re- cordings from that inward- or outward-facing image recording device for the following pur- poses: (1) Verifying that train crew actions are in accordance with applicable safety laws and the railroad carrier’s operating rules and proce- dures, including a system-wide program for such verification. (2) Assisting in an investigation into the causation of a reportable accident or incident. (3) Documenting a criminal act or moni- toring unauthorized occupancy of the control- ling locomotive cab or car operating compart- ment. (4) Other purposes that the Secretary con- siders appropriate. (e) DISCRETION.— (1) IN GENERAL.—The Secretary may— (A) require in-cab audio recording devices for the purposes described in subsection (d); and (B) define in appropriate technical detail the essential features of the devices required under subparagraph (A). (2) EXEMPTIONS.—The Secretary may exempt any railroad carrier subject to the require- ments of subsection (a) or any part of the car- rier’s operations from the requirements under subsection (a) if the Secretary determines that the carrier has implemented an alternative technology or practice that provides an equiv- alent or greater safety benefit or that is better suited to the risks of the operation. (f) TAMPERING.— Page 599 TITLE 49—TRANSPORTATION § 20169 (1) IN GENERAL.—Except as provided in para- graph (2), a railroad carrier subject to the re- quirements of subsection (a) may take appro- priate enforcement or administrative action against any employee that tampers with or disables an audio or inward- or outward-facing image recording device installed by the rail- road carrier. (2) TEMPORARILY OBSCURING FIELD OF VIEW OF AN IMAGE RECORDING DEVICE WHILE EXPRESSING BREAST MILK.— (A) IN GENERAL.—For purposes of express- ing breast milk, an employee may tempo- rarily obscure the field of view of an image recording device required under this section if the passenger train on which such device is installed is not in motion. (B) RESUMING OPERATION.—The crew of a passenger train on which an image recording device has been obscured pursuant to sub- paragraph (A) shall ensure that such image recording device is no longer obscured imme- diately after the employee has finished ex- pressing breast milk and before resuming op- eration of the passenger train. (g) PRESERVATION OF DATA.—Each railroad carrier subject to the requirements of sub- section (a) shall preserve recording device data for 1 year after the date of a reportable accident or incident. (h) INFORMATION PROTECTIONS.—The Secretary may not disclose publicly any part of an in-cab audio or image recording or transcript of oral communications by or among train employees or other operating employees responsible for the movement and direction of the train, or between such operating employees and company commu- nication centers, related to an accident or inci- dent investigated by the Secretary. The Sec- retary may make public any part of a transcript or any written depiction of visual information that the Secretary determines is relevant to the accident at the time a majority of the other fac- tual reports on the accident or incident are re- leased to the public. (i) PROHIBITED USE.—An in-cab audio or image recording obtained by a railroad carrier under this section may not be used to retaliate against an employee. (j) SAVINGS CLAUSE.—Nothing in this section may be construed as requiring a railroad carrier to cease or restrict operations upon a technical failure of an inward- or outward-facing image recording device or in-cab audio device. Such railroad carrier shall repair or replace the failed inward- or outward-facing image recording de- vice as soon as practicable. (Added Pub. L. 114–94, div. A, title XI, § 11411(a), Dec. 4, 2015, 129 Stat. 1686; amended Pub. L. 117–328, div. KK, § 102(c), Dec. 29, 2022, 136 Stat. 6096.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Passenger Rail Reform and Investment Act of 2015, referred to in subsec. (a), is the date of enactment of title XI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015. AMENDMENTS 2022—Subsec. (f). Pub. L. 117–328 designated existing provisions as par. (1) and inserted heading, substituted ‘‘Except as provided in paragraph (2), a railroad car- rier’’ for ‘‘A railroad carrier’’, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–328, div. KK, § 103(c), Dec. 29, 2022, 136 Stat. 6096, provided that: ‘‘The amendments made by section 102(c) [amending this section] shall take effect on the date of enactment of this Act [Dec. 29, 2022].’’ EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. § 20169. Speed limit action plans (a) IN GENERAL.—Not later than March 3, 2016, each railroad carrier providing intercity rail passenger transportation or commuter rail pas- senger transportation, in consultation with any applicable host railroad carrier, shall survey its entire system and identify each main track lo- cation where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum au- thorized operating speed for passenger trains at that curve, bridge, or tunnel. (b) ACTION PLANS.—Not later than 120 days after the date that the survey under subsection (a) is complete, a railroad carrier described in subsection (a) shall submit to the Secretary of Transportation an action plan that— (1) identifies each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel; (2) describes appropriate actions to enable warning and enforcement of the maximum au- thorized speed for passenger trains at each lo- cation identified under paragraph (1), includ- ing— (A) modification to automatic train con- trol systems, if applicable, or other signal systems; (B) increased crew size; (C) installation of signage alerting train crews of the maximum authorized speed for passenger trains in each location identified under paragraph (1); (D) installation of alerters; (E) increased crew communication; and (F) other practices; (3) contains milestones and target dates for implementing each appropriate action de- scribed under paragraph (2); and (4) ensures compliance with the maximum authorized speed at each location identified under paragraph (1). (c) APPROVAL.—Not later than 90 days after the date on which an action plan is submitted under subsection (b) or (d)(2), the Secretary shall approve, approve with conditions, or dis- approve the action plan. (d) PERIODIC REVIEWS AND UPDATES.—Each railroad carrier that submits an action plan to the Secretary pursuant to subsection (b) shall— (1) not later than 1 year after the date of en- actment of the Passenger Rail Expansion and