[Pages S16045-S16051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FEDERAL RAILROAD SAFETY IMPROVEMENT ACT

Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate
proceed to immediate consideration of Calendar No. 358, S. 1402.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:

A bill (S. 1402) to authorize appropriations for activities
under the Federal railroad safety laws for fiscal years 2004
through 2008, and for other purposes.

There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with amendments as follows:
[Strike the part shown in black brackets and insert the part shown in
italic.]

S. 1402

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Federal Railroad Safety
Improvement Act''.

SEC. 2. 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. 3. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations.

TITLE II--RULEMAKING, INSPECTION, ENFORCEMENT, AND PLANNING AUTHORITY

Sec. 201. National crossing inventory.
Sec. 202. Grade crossing elimination and consolidation.
Sec. 203. Model legislation for driver behavior.
Sec. 204. Operation Lifesaver.
Sec. 205. Transportation security.
Sec. 206. Railroad accident and incident reporting.
Sec. 207. Railroad radio monitoring authority.
Sec. 208. Recommendations on fatigue management.
Sec. 209. Positive train control.
Sec. 210. Positive train control implementation.
Sec. 211. Survey of rail bridge structures.
Sec. 212. Railroad police.
Sec. 213. Federal Railroad Administration employee training.
Sec. 214. Report regarding impact on public safety of train travel in
communities without grade separation.
Sec. 215. Runaway trains emergency response.

TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Technical amendments regarding enforcement by the Attorney
General.
Sec. 302. Technical amendments to civil penalty provisions.
Sec. 303. Technical amendments to eliminate unnecessary provisions.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Section 20117(a) is amended to read as follows:
``(a) General.--There are authorized to be appropriated to
the Secretary of Transportation to carry out this chapter--
``(1) $166,000,000 for the fiscal year ending September 30,
2004;
``(2) $176,000,000 for the fiscal year ending September 30,
2005;
``(3) $185,000,000 for the fiscal year ending September 30,
2006;
``(4) $192,000,000 for the fiscal year ending September 30,
2007; and
``(5) $200,000,000 for the fiscal year ending September 30,
2008.''.

TITLE II--RULEMAKING, INSPECTION, ENFORCEMENT, AND PLANNING AUTHORITY

SEC. 201. NATIONAL CROSSING INVENTORY.

(a) In General.--Chapter 201 is amended by adding at the
end the following:

``Sec. 20154. National crossing inventory

[[Page S16046]]

crossing becomes operational, whichever occurs later, each
railroad carrier shall--
``(1) report to the Secretary of Transportation current
information, 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 18 months after the date of
enactment of the Federal Railroad Safety Improvement Act 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, 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 on or after
the date of enactment of the Federal Railroad Safety
Improvement Act, shall, not later than the date that is 18
months after the date of enactment of the 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.
``(c) Rulemaking Authority.--The Secretary shall prescribe
the regulations necessary to implement this section. The
Secretary may enforce each provision of the Federal Railroad
Administration's Highway-Rail Crossing Inventory Instructions
and Procedures Manual that is in effect on the date of
enactment of the Federal Railroad Safety Improvement Act,
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 dedicated pedestrian pathway 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 Puerto Rico.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 is amended by inserting after the item relating to
section 20153 the following:

``20154. National crossing inventory.''.

(c) Reporting and Updating.--Section 130 of title 23,
United States Code, is amended by adding at the end the
following:
``(k) National Crossing Inventory.--
``(1) Initial reporting of crossing information.--Not later
than 6 months after the date of enactment of the Federal
Railroad Safety Improvement Act or within 6 months of a new
crossing becoming operational, whichever occurs later, each
State shall report to the Secretary of Transportation current
information, 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 18 months after the
date of enactment of the Federal Railroad Safety Improvement
Act 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, 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 section. The
Secretary may enforce each provision of the Federal Railroad
Administration's Highway-Rail Crossing Inventory Instructions
and Procedures Manual that is in effect on the date of
enactment of the Federal Railroad Safety Improvement Act,
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 20154(d)(1) and (2), respectively, of title 49.''.
(d) Civil Penalties.--
(1) Section 21301(a)(1) is amended--
(A) by inserting ``with section 20154 or '' after
``comply'' in the first sentence; and
(B) by inserting ``section 20154 of this title or'' after
``violating'' in the second sentence.
(2) Section 21301(a)(2) is amended by inserting ``The
Secretary shall impose a civil penalty for a violation of
section 20154 of this title.'' after the first sentence.

SEC. 202. GRADE CROSSING ELIMINATION AND CONSOLIDATION.

(a) Crossing Reduction Plan.--Within 24 months after the
date of enactment of this Act, the Secretary of
Transportation shall develop and transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a plan for a joint initiative with States and
municipalities to systematically reduce the number of public
and private highway-rail grade crossings by 1 percent per
year in each of the succeeding 10 years. The plan shall
include--
(1) a prioritization of crossings for elimination or
consolidation, based on considerations including--
(A) whether the crossing has been identified as high risk;
(B) whether the crossing is located on a designated high-
speed corridor or on a railroad right-of-way utilized for the
provision of intercity or commuter passenger rail service;
and
(C) the existing level of protection;
(2) suggested guidelines for the establishment of new
public and private highway-rail grade crossings, with the
goal of avoiding unnecessary new crossings through careful
traffic, zoning, and land use planning; and
(3) an estimate of the costs of implementing the plan and
suggested funding sources.
(b) Consultation With States.--In preparing the plan
required by subsection (a), the Secretary shall seek the
advice of State officials, including highway, rail, and
judicial officials, with jurisdiction over crossing safety,
including crossing closures. The Secretary and State
officials shall consider--
(1) the feasibility of consolidating and improving multiple
crossings in a single community;
(2) the impact of closure on emergency vehicle response
time, traffic delays, and public inconvenience; and
(3) the willingness of a municipality to participate in the
elimination or consolidation of crossings.
(c) Guide to Crossing Consolidation and Closure.--Within 1
year after the date of enactment of this Act, the Secretary
shall update, reissue, and distribute the publication
entitled ``A Guide to Crossing Consolidation and Closure''.
(d) Incentive Payments for At-Grade Crossing Closures.--
Section 130(i)(3)(B) of title 23, United States Code is
amended by striking ``$7,500.'' and inserting ``$15,000.''.
(e) Funding for Plan.--From amounts authorized by section
20117(a)(1) of title 49, United States Code, to the
Secretary, there shall be available $500,000 for fiscal year
2004 to prepare the plan required by this section, such sums
to remain available until the plan is transmitted to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure as required by subsection (a).

SEC. 203. MODEL LEGISLATION FOR DRIVER BEHAVIOR.

(a) In General.--Section 20151 is amended--
(1) by striking the section caption and inserting the
following:

``Sec. 20151. Strategy to prevent railroad trespassing and
vandalism and violation of grade crossing signals'';

(2) by striking ``safety,'' in subsection (a) and inserting
``safety and violations of highway-rail grade crossing
signals,'';
(3) by striking the second sentence of subsection (a) and
inserting ``The evaluation and review shall be completed not
later than 1 year after the date of enactment of the Federal
Railroad Safety Improvement Act.''; and
(4) by striking ``Model Legislation.--Within 18 months
after November 2, 1994, the'' in subsection (c) and inserting
``Legislation for Vandalism and Trespassing Penalties.--
The''; and
(5) by adding at the end the following:
``(d) Model Legislation for Grade-Crossing Violations.--
Within 2 years after the date of the enactment of the Federal
Railroad Safety Improvement Act, 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.
``(e) Violation Defined.--In this section, the term
`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 chapter analysis for chapter
201 is amended by striking the item relating to section 20151
and inserting the following:

``20151. Strategy to prevent railroad trespassing and vandalism and
violation of grade crossing signals.''.

SEC. 204. OPERATION LIFESAVER.

[[Page S16047]]

for railroad research and development $1,250,000 for fiscal
year 2004, $1,300,000 for fiscal year 2005, $1,350,000 for
fiscal year 2006, $1,400,000 for fiscal year 2007, and
$1,460,000 for fiscal year 2008 to support Operation
Lifesaver, Inc.''.

SEC. 205. TRANSPORTATION SECURITY.

(a) Memorandum of Agreement.--Within 60 days after the date
of enactment of this Act, the Secretary of Transportation and
the Secretary of Homeland Security shall execute a memorandum
of agreement governing the roles and responsibilities of the
Department of Transportation and the Department of Homeland
Security, respectively, in addressing railroad transportation
security matters, including the processes the departments
will follow to promote communications, efficiency, and
nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) is amended
to read as follows:
``(a) Regulations and Orders.--The Secretary of
Transportation, as necessary, shall prescribe regulations and
issue orders for every area of railroad safety, including
security, supplementing laws and regulations in effect on
October 16, 1970. When prescribing a security regulation or
issuing a security order that affects the safety of railroad
operations, the Secretary of Homeland Security shall consult
with the Secretary of Transportation.''.

SEC. 206. RAILROAD ACCIDENT AND INCIDENT REPORTING.

Section 20901(a) is amended to read as follows:
``(a) General Requirements.--On a periodic basis specified
by the Secretary of Transportation but not less frequently
than quarterly, 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 the
specified 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. 207. RAILROAD RADIO MONITORING AUTHORITY.

Section 20107 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 at reasonable
times:
``(A) Intercepting a radio communication that is broadcast
or transmitted over a frequency authorized for the use of one
or more railroad carriers by the Federal Communications
Commission, 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) 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) Limitation.--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,
including, but not limited to, accident investigation.
``(3) Use of information.--
``(A) Except as provided in subparagraph (F), information
obtained through activities authorized by paragraphs (1) and
(2) shall not be admitted into evidence in any administrative
or judicial proceeding except 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 sections
5122, 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) 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.
``(D) 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).
``(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.
``(F) No information obtained by an activity authorized by
paragraph (1)(A) that was undertaken solely for the purpose
of accident investigation may be introduced into evidence in
any administrative or judicial proceeding in which civil or
criminal penalties may be imposed.
``(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.
``(d) Reasonable Time Defined.--In this section, the term
`at reasonable times' means at any time that the railroad
carrier being inspected or investigated is performing its
rail transportation business.''.

SEC. 208. RECOMMENDATIONS ON FATIGUE MANAGEMENT.

(a) Working Group Established.--The Railroad Safety
Advisory Committee of the Federal Railroad Administration
shall convene a working group to consider what legislative or
other changes the Secretary of Transportation deems necessary
to address fatigue management for railroad employees subject
to chapter 211 of title 49, United States Code. The
working group shall consider--
(1) the varying circumstances of rail carrier operations
and appropriate fatigue countermeasures to address those
varying circumstances, based on current and evolving
scientific and medical research on circadian rhythms and
human sleep and rest requirements;
(2) research considered by the Federal Motor Carrier Safety
Administration in devising new hours of service regulations
for motor carriers;
(3) the benefits and costs of modifying the railroad hours
of service statute or implementing other fatigue management
countermeasures for railroad employees subject to chapter
211; and
(4) ongoing and planned initiatives by the railroads and
rail labor organizations to address fatigue management.
(b) Report to Congress.--Not later than 24 months after the
date of enactment of this Act, the working group convened
under subsection (a) shall submit a report containing its
conclusions and recommendations to the Railroad Safety
Advisory Committee and the Secretary of Transportation. The
Secretary shall transmit the report to the Senate Committee
on Commerce, Science, and Transportation and to the House
Committee on Transportation and Infrastructure.
(c) Recommendations.--If the Railroad Safety Advisory
Committee does not reach a consensus on recommendations
within 24 months after the date of enactment of this Act, the
Secretary of Transportation shall, within 36 months after the
date of enactment of this Act, submit to the Senate Committee
on Commerce, Science, and Transportation and to the House
Committee on Transportation and Infrastructure
recommendations for legislative, regulatory, or other changes
to address fatigue management for railroad employees.

SEC. 209. POSITIVE TRAIN CONTROL.

Within 6 months after the date of enactment of this Act,
the Secretary of Transportation shall prescribe a final rule
addressing safety standards for positive train control
systems or other safety technologies that provide similar
safety benefits.

SEC. 210. POSITIVE TRAIN CONTROL IMPLEMENTATION.

(a) Report on Pilot Projects.--Within 3 months after
completion of the North American Joint Positive Train Control
Project, the Secretary of Transportation shall submit a
report on the progress of on-going and completed projects to
implement positive train control technology or other safety
technologies that provide similar safety benefits to the
Senate Committee on Commerce, Science, and Transportation and
to the House Committee on Transportation and Infrastructure.
The report shall include recommendations for future projects
and any legislative or other changes the Secretary deems
necessary.
(b) Authorization of Appropriations.--The Secretary shall
establish a grant program with a 50 percent match requirement
for the implementation of positive train control technology
or other safety technologies that provide similar safety
benefits. From the amounts authorized to be appropriated for
each of fiscal years 2004 through 2008 under section 20117(a)
of title 49, United States Code, there shall be made
available for the grant program--
(1) $16,000,000 for fiscal year 2004;
(2) $18,000,000 for fiscal year 2005; and
(3) $20,000,000 for each of fiscal years 2006 through 2008.

SEC. 211. SURVEY OF RAIL BRIDGE STRUCTURES.

[[Page S16048]]

survey, including a finding by the Secretary concerning
whether the Secretary should issue regulations governing
the safety of railroad bridges.

SEC. 212. RAILROAD POLICE.

Section 28101 is amended by striking ``the rail carrier''
each place it appears and inserting ``any rail carrier''.

SEC. 213. FEDERAL RAILROAD ADMINISTRATION EMPLOYEE TRAINING.

From the amounts authorized to be appropriated for fiscal
year 2004 by section 20117(a)(1) of title 49, United States
Code, there shall be made available to the Secretary of
Transportation $300,000 for the Federal Railroad
Administration to perform a demonstration program to provide
centralized training for its employees. The Secretary of
Transportation shall report on the results of such training
and provide further recommendations to the Congress.

SEC. 214. REPORT REGARDING IMPACT ON PUBLIC SAFETY OF TRAIN
TRAVEL IN COMMUNITIES WITHOUT GRADE SEPARATION.

(a) Study.--The Secretary of Transportation shall, in
consultation with State and local government officials,
conduct a study of the impact of blocked highway-railroad
grade crossings on the ability of emergency responders to
perform public safety and security duties.
(b) Report on the Impact of Blocked Highway-railroad Grade
Crossings on Emergency Responders.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
submit the results of the study and recommendations for
reducing the impact of blocked crossings on emergency
response to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure.

SEC. 215. RUNAWAY TRAINS EMERGENCY RESPONSE.

(a) Notification Procedures.--
(1) Regulations.--The Secretary of Transportation shall
prescribe regulations setting forth procedures for a railroad
to immediately notify first responders in communities that
lie in the path of a runaway train.
(2) Time for issuance of regulations.--The Secretary shall
issue the final regulations under this section not later than
120 days after the date of enactment of this Act.
(3) Definitions.--In this section, the term ``runaway
train'' means a locomotive, train, rail car, or other item of
railroad equipment that, at a particular moment in time, is
rolling on tracks outside the operations limits of a railroad
and is not under the control of the railroad.
(b) Response Procedures.--Not later than 60 days after the
Secretary prescribes the regulations under subsection (a),
each railroad shall submit to the Department of
Transportation for the Secretary's approval the procedures
proposed by the railroad for providing the notice described
in such subsection.
(c) Reporting of Incidents Required.--The Secretary shall
require railroads to report to the Department of
Transportation each incident of a runaway train.

TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. TECHNICAL AMENDMENTS REGARDING ENFORCEMENT BY THE
ATTORNEY GENERAL.

Section 20112(a) is amended--
(1) by inserting ``this part, except for section 20109 of
this title, 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
``subpena, 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. 302. TECHNICAL AMENDMENTS TO CIVIL PENALTY PROVISIONS.

(a) General Violations of Chapter 201.--Section 21301(a)(2)
is amended--
(1) by striking ``$10,000.'' and inserting ``$10,000 or the
amount to which the stated maximum penalty is adjusted if
required by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (28 U.S.C. 2461 note).''; and
(2) by striking ``$20,000.'' and inserting ``$20,000 or the
amount to which the stated maximum penalty is adjusted if
required by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (28 U.S.C. 2461 note).''.
(b) Accident and Incident Violations of Chapter 201;
Violations of Chapters 203 Through 209.--
(1) Section 21302(a)(2) is amended--
(A) by striking ``$10,000.'' and inserting ``$10,000 or the
amount to which the stated maximum penalty is adjusted if
required by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (28 U.S.C. 2461 note).''; and
(B) by striking ``$20,000.'' and inserting ``$20,000 or the
amount to which the stated maximum penalty is adjusted if
required by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (28 U.S.C. 2461 note).''.
(2) Section 21302 is amended by adding at the end the
following:
``(c) Setoff.--The Government may deduct the amount of a
civil penalty imposed or compromised under this section from
amounts it owes the person liable for the penalty.
``(d) Deposit in Treasury.--A civil penalty collected under
this section shall be deposited in the Treasury as
miscellaneous receipts.''.
(c) Violations of Chapter 211.--
(1) Section 21303(a)(2) is amended--
(A) by striking ``$10,000.'' and inserting ``$10,000 or the
amount to which the stated maximum penalty is adjusted if
required by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (28 U.S.C. 2461 note).''; and
(B) by striking ``$20,000.'' and inserting ``$20,000 or the
amount to which the stated maximum penalty is adjusted if
required by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (28 U.S.C. 2461 note).''.
(2) Section 21303 is amended by adding at the end the
following:
``[(c)] (d) Setoff.--The Government may deduct the amount
of a civil penalty imposed or compromised under this section
from amounts it owes the person liable for the penalty.
``[(d)] (e) Deposit in Treasury.--A civil penalty collected
under this section shall be deposited in the Treasury as
miscellaneous receipts.''.

SEC. 303. TECHNICAL AMENDMENTS TO ELIMINATE UNNECESSARY
PROVISIONS.

(a) In General.--Chapter 201 is amended--
(1) by striking the second sentence of section 20103(f);
(2) by striking section 20145;
(3) by striking section 20146; and
(4) by striking section 20150.
(b) Conforming Amendments.--The chapter analysis for
chapter 201 is amended by striking the items relating to
sections 20145, 20146, and 20150 and inserting at the
appropriate place in the analysis the following:
``20145. [Repealed].
``20146. [Repealed].
``20150. [Repealed].''.

Mr. McCONNELL. I ask unanimous consent that the committee amendments
be agreed to, the bill as amended be read a third time and passed, the
motion to reconsider be laid on the table, en bloc, and any statements
relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendments were agreed to.
The bill (S. 1402) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:

S. 1402

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Federal Railroad Safety
Improvement Act''.

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

SEC. 3. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations.

TITLE II--RULEMAKING, INSPECTION, ENFORCEMENT, AND PLANNING AUTHORITY

TITLE III--MISCELLANEOUS PROVISIONS

TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

[[Page S16049]]

``(4) $192,000,000 for the fiscal year ending September 30,
2007; and
``(5) $200,000,000 for the fiscal year ending September 30,
2008.''.

TITLE II--RULEMAKING, INSPECTION, ENFORCEMENT, AND PLANNING AUTHORITY

SEC. 201. NATIONAL CROSSING INVENTORY.

(a) In General.--Chapter 201 is amended by adding at the
end the following:

``Sec. 20154. National crossing inventory

``(a) Initial Reporting of Information About Previously
Unreported Crossings.--Not later than 6 months after the date
of enactment of the Federal Railroad Safety Improvement Act
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, 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 18 months after the date of
enactment of the Federal Railroad Safety Improvement Act 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, 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 on or after
the date of enactment of the Federal Railroad Safety
Improvement Act, shall, not later than the date that is 18
months after the date of enactment of the 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.
``(c) Rulemaking Authority.--The Secretary shall prescribe
the regulations necessary to implement this section. The
Secretary may enforce each provision of the Federal Railroad
Administration's Highway-Rail Crossing Inventory Instructions
and Procedures Manual that is in effect on the date of
enactment of the Federal Railroad Safety Improvement Act,
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 dedicated pedestrian pathway 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 Puerto Rico.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 is amended by inserting after the item relating to
section 20153 the following:

``20154. National crossing inventory.''.
(c) Reporting and Updating.--Section 130 of title 23,
United States Code, is amended by adding at the end the
following:
``(k) National Crossing Inventory.--
``(1) Initial reporting of crossing information.--Not later
than 6 months after the date of enactment of the Federal
Railroad Safety Improvement Act or within 6 months of a new
crossing becoming operational, whichever occurs later, each
State shall report to the Secretary of Transportation current
information, 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 18 months after the
date of enactment of the Federal Railroad Safety Improvement
Act 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, 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 section. The
Secretary may enforce each provision of the Federal Railroad
Administration's Highway-Rail Crossing Inventory Instructions
and Procedures Manual that is in effect on the date of
enactment of the Federal Railroad Safety Improvement Act,
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 20154(d)(1) and (2), respectively, of title 49.''.
(d) Civil Penalties.--
(1) Section 21301(a)(1) is amended--
(A) by inserting ``with section 20154 or '' after
``comply'' in the first sentence; and
(B) by inserting ``section 20154 of this title or'' after
``violating'' in the second sentence.
(2) Section 21301(a)(2) is amended by inserting ``The
Secretary shall impose a civil penalty for a violation of
section 20154 of this title.'' after the first sentence.

SEC. 202. GRADE CROSSING ELIMINATION AND CONSOLIDATION.

SEC. 203. MODEL LEGISLATION FOR DRIVER BEHAVIOR.

(a) In General.--Section 20151 is amended--
(1) by striking the section caption and inserting the
following:

``Sec. 20151. Strategy to prevent railroad trespassing and
vandalism and violation of grade crossing signals'';

(2) by striking ``safety,'' in subsection (a) and inserting
``safety and violations of highway-rail grade crossing
signals,'';
(3) by striking the second sentence of subsection (a) and
inserting ``The evaluation and review shall be completed not
later than 1 year after the date of enactment of the Federal
Railroad Safety Improvement Act.''; and
(4) by striking ``Model Legislation.--Within 18 months
after November 2, 1994, the'' in subsection (c) and inserting
``Legislation for Vandalism and Trespassing Penalties.--
The''; and
(5) by adding at the end the following:
``(d) Model Legislation for Grade-Crossing Violations.--
Within 2 years after the date of the enactment of the Federal
Railroad Safety Improvement Act, 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.
``(e) Violation Defined.--In this section, the term
`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

[[Page S16050]]

``(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 chapter analysis for chapter
201 is amended by striking the item relating to section 20151
and inserting the following:

``20151. Strategy to prevent railroad trespassing and vandalism and
violation of grade crossing signals.''.

SEC. 204. OPERATION LIFESAVER.

Section 20117(e) is amended to read as follows:
``(e) Operation Lifesaver.--In addition to amounts
otherwise authorized by law, from the amounts authorized to
be appropriated under subsection (a), there shall be
available for railroad research and development $1,250,000
for fiscal year 2004, $1,300,000 for fiscal year 2005,
$1,350,000 for fiscal year 2006, $1,400,000 for fiscal year
2007, and $1,460,000 for fiscal year 2008 to support
Operation Lifesaver, Inc.''.

SEC. 205. TRANSPORTATION SECURITY.

SEC. 206. RAILROAD ACCIDENT AND INCIDENT REPORTING.

SEC. 207. RAILROAD RADIO MONITORING AUTHORITY.

Section 20107 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 at reasonable
times:
``(A) Intercepting a radio communication that is broadcast
or transmitted over a frequency authorized for the use of one
or more railroad carriers by the Federal Communications
Commission, 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) 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) Limitation.--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,
including, but not limited to, accident investigation.
``(3) Use of information.--
``(A) Except as provided in subparagraph (F), information
obtained through activities authorized by paragraphs (1) and
(2) shall not be admitted into evidence in any administrative
or judicial proceeding except 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 sections
5122, 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) 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.
``(D) 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).
``(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.
``(F) No information obtained by an activity authorized by
paragraph (1)(A) that was undertaken solely for the purpose
of accident investigation may be introduced into evidence in
any administrative or judicial proceeding in which civil or
criminal penalties may be imposed.
``(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.
``(d) Reasonable Time Defined.--In this section, the term
`at reasonable times' means at any time that the railroad
carrier being inspected or investigated is performing its
rail transportation business.''.

SEC. 208. RECOMMENDATIONS ON FATIGUE MANAGEMENT.

(a) Working Group Established.--The Railroad Safety
Advisory Committee of the Federal Railroad Administration
shall convene a working group to consider what legislative or
other changes the Secretary of Transportation deems necessary
to address fatigue management for railroad employees subject
to chapter 211 of title 49, United States Code. The working
group shall consider--
(1) the varying circumstances of rail carrier operations
and appropriate fatigue countermeasures to address those
varying circumstances, based on current and evolving
scientific and medical research on circadian rhythms and
human sleep and rest requirements;
(2) research considered by the Federal Motor Carrier Safety
Administration in devising new hours of service regulations
for motor carriers;
(3) the benefits and costs of modifying the railroad hours
of service statute or implementing other fatigue management
countermeasures for railroad employees subject to chapter
211; and
(4) ongoing and planned initiatives by the railroads and
rail labor organizations to address fatigue management.
(b) Report to Congress.--Not later than 24 months after the
date of enactment of this Act, the working group convened
under subsection (a) shall submit a report containing its
conclusions and recommendations to the Railroad Safety
Advisory Committee and the Secretary of Transportation. The
Secretary shall transmit the report to the Senate Committee
on Commerce, Science, and Transportation and to the House
Committee on Transportation and Infrastructure.
(c) Recommendations.--If the Railroad Safety Advisory
Committee does not reach a consensus on recommendations
within 24 months after the date of enactment of this Act, the
Secretary of Transportation shall, within 36 months after the
date of enactment of this Act, submit to the Senate Committee
on Commerce, Science, and Transportation and to the House
Committee on Transportation and Infrastructure
recommendations for legislative, regulatory, or other changes
to address fatigue management for railroad employees.

SEC. 209. POSITIVE TRAIN CONTROL.

SEC. 210. POSITIVE TRAIN CONTROL IMPLEMENTATION.

[[Page S16051]]

for the implementation of positive train control technology
or other safety technologies that provide similar safety
benefits. From the amounts authorized to be appropriated for
each of fiscal years 2004 through 2008 under section 20117(a)
of title 49, United States Code, there shall be made
available for the grant program--
(1) $16,000,000 for fiscal year 2004;
(2) $18,000,000 for fiscal year 2005; and
(3) $20,000,000 for each of fiscal years 2006 through 2008.

SEC. 211. SURVEY OF RAIL BRIDGE STRUCTURES.

The Secretary of Transportation shall conduct a safety
survey of the structural integrity of railroad bridges and
railroads' programs of inspection and maintenance of railroad
bridges. The Secretary shall issue a report to Congress at
the completion of the survey, including a finding by the
Secretary concerning whether the Secretary should issue
regulations governing the safety of railroad bridges.

SEC. 212. RAILROAD POLICE.

Section 28101 is amended by striking ``the rail carrier''
each place it appears and inserting ``any rail carrier''.

SEC. 213. FEDERAL RAILROAD ADMINISTRATION EMPLOYEE TRAINING.

SEC. 214. REPORT REGARDING IMPACT ON PUBLIC SAFETY OF TRAIN
TRAVEL IN COMMUNITIES WITHOUT GRADE SEPARATION.

SEC. 215. RUNAWAY TRAINS EMERGENCY RESPONSE.

TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. TECHNICAL AMENDMENTS REGARDING ENFORCEMENT BY THE
ATTORNEY GENERAL.

SEC. 302. TECHNICAL AMENDMENTS TO CIVIL PENALTY PROVISIONS.

(a) General Violations of Chapter 201.--Section 21301(a)(2)
is amended--
(1) by striking ``$10,000.'' and inserting ``$10,000 or the
amount to which the stated maximum penalty is adjusted if
required by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (28 U.S.C. 2461 note).''; and
(2) by striking ``$20,000.'' and inserting ``$20,000 or the
amount to which the stated maximum penalty is adjusted if
required by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (28 U.S.C. 2461 note).''.
(b) Accident and Incident Violations of Chapter 201;
Violations of Chapters 203 Through 209.--
(1) Section 21302(a)(2) is amended--
(A) by striking ``$10,000.'' and inserting ``$10,000 or the
amount to which the stated maximum penalty is adjusted if
required by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (28 U.S.C. 2461 note).''; and
(B) by striking ``$20,000.'' and inserting ``$20,000 or the
amount to which the stated maximum penalty is adjusted if
required by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (28 U.S.C. 2461 note).''.
(2) Section 21302 is amended by adding at the end the
following:
``(c) Setoff.--The Government may deduct the amount of a
civil penalty imposed or compromised under this section from
amounts it owes the person liable for the penalty.
``(d) Deposit in Treasury.--A civil penalty collected under
this section shall be deposited in the Treasury as
miscellaneous receipts.''.
(c) Violations of Chapter 211.--
(1) Section 21303(a)(2) is amended--
(A) by striking ``$10,000.'' and inserting ``$10,000 or the
amount to which the stated maximum penalty is adjusted if
required by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (28 U.S.C. 2461 note).''; and
(B) by striking ``$20,000.'' and inserting ``$20,000 or the
amount to which the stated maximum penalty is adjusted if
required by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (28 U.S.C. 2461 note).''.
(2) Section 21303 is amended by adding at the end the
following:
``(d) Setoff.--The Government may deduct the amount of a
civil penalty imposed or compromised under this section from
amounts it owes the person liable for the penalty.
``(e) Deposit in Treasury.--A civil penalty collected under
this section shall be deposited in the Treasury as
miscellaneous receipts.''.

SEC. 303. TECHNICAL AMENDMENTS TO ELIMINATE UNNECESSARY
PROVISIONS.

``20145. [Repealed].
``20146. [Repealed].
``20150. [Repealed].''.

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