Page:United States Statutes at Large Volume 122.djvu/4874

 12 2 STA T .485 1 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 vehicl e sandtr ac kg e om etr y vehicles or other com p ara b le technology as needed to assess track sa f ety consistent w ith the res u lts of the track inspection study re q uired by section 403 of the R ail S afety I mprovement A ct of 2 00 8.‘ ‘ ( 3 )T here are authori z ed to be appropriated to the Secretary $1 8, 000,000 for the period encompassing fiscal years 200 9 through 2013 to design, develop, and construct the F acility for U nderground Rail Station and Tunnel at the Transportation Technology C enter in P ueblo, 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 appro- priated 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 W ashington, D .C., whose duties primarily involve rail security. ’ ’. TI T LE I —RA ILR O A DS A F ET Y I MP RO V EME N TS SEC.10 1. F E D E RAL RA I LR O AD AD M I N IS T RATION OFFICERS AND D U TIES. Section 103 is amended by striking subsections (b) through (e) and inserting the following

‘‘(c) S AFETY A SHIGH EST P R I O RITY. — 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. ‘‘(d) A DM I N ISTRATOR.—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 e x perience in railroad safety, haz- ardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transpor- tation. ‘‘(e) DE PU TY ADMINISTRATOR.—The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers pre- scribed by the Administrator. ‘‘(f) CHIEF SAFETY O FFI C ER.—The Administration shall have an Associate Administrator for Railroad Safety appointed in the career service by the Secretary. The Associate Administrator shall be the Chief Safety Officer of the Administration. The Associate Administrator shall carry out the duties and powers prescribed by the Administrator. ‘‘(g) DUTIES AND PO W ERS 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 e nt.49USC103 .
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