[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2063 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2063

  To authorize activities under the Federal railroad safety laws for 
        fiscal years 1999 through 2002, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 1998

Mr. Hollings (by request) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
  To authorize activities under the Federal railroad safety laws for 
        fiscal years 1999 through 2002, and for other purposes.

    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 
Authorization Act of 1998''.

SEC. 2. FINDINGS.

    The Congress finds and declares that--
            (1) consistent with the purposes of the Government 
        Performance and Results Act, 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 the safety culture of the 
        Nation's railroads 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, FRA 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 FRA'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; and
            (3) the Railroad Safety Advisory Committee, which was 
        established 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 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.

SEC. 3. AMENDMENT TO 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 on the Railroad Safety Advisory Committee and the 
                            Safety Assurance and Compliance Program.
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. Electronic recordkeeping.
         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 of 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--PROTECTION OF EMPLOYEES AND WITNESSES

Sec. 401. Expansion of employee protections.
Sec. 402. Interfering with or hampering major investigations.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Expansion of emergency order authority.
Sec. 502. Safety considerations in grants or loans to commuter 
                            railroads.
Sec. 503. Technical amendments regarding adjustment of civil penalties 
                            for inflation.
Sec. 504. Emergency notification of grade crossing problems.
Sec. 505. Authorization of appropriations.

                       TITLE I--HOURS OF SERVICE

SEC. 101. DEFINITIONS.

    Section 21101 is amended--
            (1) in paragraph (2), by inserting ``, including any 
        manager, supervisor, official, agent, or other employee of a 
        railroad carrier or any employee of an independent contractor 
        to a railroad carrier'' after ``affecting train movements'';
            (2) in paragraph (4), by striking ``employed by a railroad 
        carrier who is engaged in installing, repairing, or maintaining 
        signal systems'' and substituting ``who is engaged in 
        installing, repairing, or maintaining signal systems, including 
        any manager, supervisor, official, agent, or other employee of 
        a railroad carrier or any employee of an independent contractor 
        to a railroad carrier'';
            (3) in paragraph (5), by inserting ``, and any manager, 
        supervisor, official, agent, or other employee of a railroad 
        carrier or any employee of an independent contractor to a 
        railroad carrier'' after ``including a hostler''; and
            (4) 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 
        independent contractors to a railroad carrier, or of both a 
        railroad carrier and one or more independent contractors to a 
        railroad carrier.
            ``(7) `independent contractor to a railroad carrier' or, in 
        context, `independent 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 may not, if the railroad carrier 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 a 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 a least 
                10 consecutive hours off duty.''.
    (b) Section 21103(b) is amended--
            (1) in paragraph (b)(3), by striking ``the railroad 
        carrier'' and substituting ``a railroad carrier or independent 
        contractor to a railroad carrier''; and
            (2) by inserting the following new paragraph at the end:
            ``(8) All time on duty for any railroad carrier or 
        independent contractor to a railroad carrier shall be 
        included.''.
    (c) Section 21103 is amended by adding the following at the end:
    ``(d) Notice About Dual Employment.--(1) Not later than January 31 
each year, a railroad carrier 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 independent 
        contractors to a railroad carrier counts towards the 
        limitations on duty hours of this section; and
            ``(B) about the employee's responsibility under this 
        subsection to notify each employer when the employee enters 
        into a multi-employer relationship.
    ``(2) A dually employed train employee shall inform each of his or 
her railroad carrier and independent contractor employers in writing 
within 5 days of establishing a multi-employer relationship.
    ``(3) A railroad carrier or independent contractor receiving 
written notification of dual employment shall retain one copy of the 
notification for a period of two years at its system and division 
headquarters, and shall 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 may not, if the 
                railroad carrier 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 a 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--
            (1) in paragraph (b)(2), by striking ``the railroad 
        carrier'' and substituting ``a railroad carrier or independent 
        contractor to a railroad carrier'';
            (2) in paragraph (b)(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''; and
            (3) by inserting the following new paragraph at the end:
            ``(8) All time on duty for any railroad carrier or 
        independent contractor to a railroad carrier shall be 
        included.''.
    (c) Section 21104 is amended by adding the following at the end:
    ``(d) Notice About Dual Employment.--(1) Not later than January 31 
each year, a railroad carrier 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 independent 
        contractors to a railroad carrier counts towards the 
        limitations on duty hours of this section; and
            ``(B) about the employee's responsibility under this 
        subsection to notify each employer when the employee enters 
        into a multi-employer relationship.
    ``(2) A dually employed signal employee shall inform each of his or 
her railroad carrier and independent contractor employers in writing 
within 5 days of establishing a multi-employer relationship.
    ``(3) A railroad carrier or independent contractor receiving 
written notification of dual employment shall retain one copy of the 
notification for a period of two years at its system and division 
headquarters, and shall 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 may not, if the railroad carrier 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 a 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 independent contractors to railroad 
        carriers (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 independent contractor to a railroad 
        carrier, and at least one of those tours of duty is in a tower, 
        office, station, or other place at which at least two shifts 
        are employed, then the duty limits of paragraph (b)(1) of this 
        section apply.
            ``(3) All time on duty by the employee for any railroad 
        carrier or independent contractor to a railroad carrier shall 
        be included.''.
    (c) Section 21105 is amended by adding the following at the end:
    ``(e) Notice About Dual Employment.--(1) Not later than January 31 
each year, a railroad carrier 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 one or more independent 
        contractors to a railroad carrier counts towards the 
        limitations on duty hours of this section; and
            ``(B) about the employee's responsibility under this 
        subsection to notify each employer when the employee enters 
        into a multi-employer relationship.
    ``(2) A dually employed dispatching service employee shall inform 
each of his or her railroad carrier and independent contractor 
employers in writing within 5 days of establishing a multi-employer 
relationship.
    ``(3) A railroad carrier or independent contractor receiving 
written notification of dual employment shall retain one copy of the 
notification for a period of two years at its system and division 
headquarters, and shall 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 agents'' 
and substituting ``managers, supervisors, officers, agents, and 
independent contractors''.
    (b) Section 21303(a)(1) is amended by striking ``or violating any 
provision of a waiver applicable to that person that has been granted 
under section 21108 of this title, is liable to the United States 
Government for a civil penalty'' and substituting ``any provision of a 
waiver applicable to that person that has been granted under section 
21108 or 21109 of this title, or any provision of a regulation issued 
under section 21109 of this title, is liable to the United States 
Government for a civil penalty''.
    (c) Section 21303(c) is amended by striking ``officers and agents'' 
and substituting ``managers, supervisors, officers, agents, and 
independent contractors''.

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) Plan Submission.--(1) Each Class I and Class II railroad 
carrier, each railroad carrier providing intercity rail passenger 
service, and each railroad carrier providing commuter passenger 
service, shall submit to the Secretary of Transportation a fatigue 
management plan that is designed to reduce the fatigue experienced by 
railroad employees covered by the hours of service laws and to reduce 
the likelihood of accidents and injuries caused by fatigue. The plan 
shall be submitted not more than 1 year after enactment of this 
section, or not less than 45 days prior to commencing operations, 
whichever is later.
    ``(2) The fatigue management plan shall--
            ``(A) include a summary of each railroad carrier's analysis 
        supporting each plan element;
            ``(B) describe how every condition on the railroad 
        carrier's property that is likely to be affected by fatigue is 
        addressed in the plan; and
            ``(C) include the name, title, address, and telephone 
        number of the primary person to be contacted with regard to 
        review of the plan.
    ``(3)(A) The Secretary is authorized to review each proposed plan 
and proposed amendment to a plan to determine whether the elements 
prescribed in subsection (b) of this section are sufficiently and 
rationally addressed and discussed in the railroad's plan submission or 
proposed amendment to the plan.
    ``(B) If the proposed plan or amendment to the plan is reviewed and 
not approved, the Secretary shall notify the affected railroad carrier 
as to the specific points in which the proposed plan or amendment to 
the plan is deficient, and the carrier shall correct all deficiencies 
within 30 days following receipt of written notice from the Secretary.
    ``(C) To carry out this section, the Secretary may conduct periodic 
audits of a plan to determine compliance.
    ``(4) Each affected railroad carrier shall file any proposed 
amendment to its plan with the Secretary not less than 60 days prior to 
the proposed effective date of the amendment.
    ``(5)(A) Each affected railroad carrier shall employ good faith and 
use its best efforts to reach agreement by consensus with all of its 
directly affected covered service employee groups on the contents of 
the fatigue management plan and amendments to the plan, and jointly 
submit the plan and each amendment to the plan to the Secretary.
    ``(B) In the event that labor organizations represent classes or 
crafts of directly affected covered service employees of the railroad 
carrier, the railroad carrier shall consult with these organizations in 
drafting the plan and amendments to the plan. The Secretary shall be 
authorized to provide assistance to the parties involved in a 
negotiation.
    ``(C) If the railroad carrier and its employees (including any 
labor organization representing a class or craft of directly affected 
covered service employees of the railroad carrier) cannot reach 
consensus on the proposed contents of the plan or an amendment to the 
plan, then--
            ``(i) the railroad carrier shall file the plan or amendment 
        with the Secretary and
            ``(ii) directly affected covered service employees and 
        labor organizations representing a class or craft of directly 
        affected covered service employees may, at their option, file a 
        statement with the Secretary explaining their views on the plan 
        or amendment on which consensus was not reached.
    ``(6) During the first two years after enactment of this section, 
compliance with a fatigue management plan approved by the Secretary not 
requiring a waiver of a provision of law is not required. However, 
compliance with a plan approved by the Secretary involving waiver of 
one or more statutory provisions under subsection (c) of this section 
is mandatory. No plan involving a waiver shall be implemented unless 
approved by the Secretary.
    ``(7) Effective two years after the date of enactment of this 
section--
            ``(A) Compliance with a fatigue management plan and 
        amendments becomes mandatory and enforceable by the Secretary. 
        No plan or amendment involving a wavier shall be implemented 
        unless approved by the Secretary.
            ``(B) In the interest of railroad safety, additional 
        categories or classes of railroad carriers may be required to 
        submit a fatigue management plan, as determined under 
        regulations prescribed by the Secretary.
    ``(8) The Secretary may require resubmission or revision of a 
fatigue management plan at any time.
    ``(b) Elements of the Fatigue Management Plan.--(1) Each plan filed 
with the Secretary under the procedures of subsection (a) of this 
section shall take into account the varying circumstances of operations 
by the railroad carrier on different parts of its system, and shall 
prescribed appropriate fatigue countermeasures to address those varying 
circumstances.
    ``(2) With respect to all employees, whether working in scheduled 
or nonscheduled service, the plan shall address the following issues:
            ``(A) Education and training on the physiological and 
        psychological factors that affect fatigue, as well as 
        strategies to counter fatigue, based on current and evolving 
        scientific and medical research and literature.
            ``(B) Opportunities for identification, diagnosis, and 
        treatment of sleep disorders, including: screenings as part of 
        required physical examinations; questionnaires to identify 
        employees at risk; home screening of employees; and results 
        assessed by physicians with a specialization in sleep 
        disorders.
            ``(C) Effects on employee fatigue of emergency response 
        involving both short-term emergency situations, including 
        derailments, and long-term emergency situations, including 
        natural disasters.
            ``(D) Scheduling practices involving train lineups and 
        calling times, including work/rest cycles for shift workers and 
        on-call employees that permit employees to compensate for 
        cumulative sleep loss by guaranteeing a minimum number of 
        consecutive days off (exclusive of time off due to illness or 
        injury).
            ``(E) Minimizing the scheduling of a nighttime split shift.
            ``(F) An analysis demonstrating that staffing levels and 
        workloads were considered when the plan was formulated.
            ``(G) Alertness strategies, such as policies on napping, to 
        address acute sleepiness and fatigue while an employee is on 
        duty.
            ``(H) Opportunities to obtain restful sleep at lodging 
        facilities, including sleeping quarters provided by the 
        railroad carrier.
    ``(3) With respect only to employees working in nonscheduled 
service, the plan shall address the following areas:
            ``(A) Increasing the number of consecutive hours of 
        undisturbed rest to an employee in connection with the 
        scheduling of a duty call.
            ``(B) Lengthening the notice provided to an employee of the 
        time to report for duty, to afford greater scheduling 
        predictability.
            ``(C) Work/rest cycles that guarantee a greater minimum 
        number of consecutive days off than is afforded to employees 
        working in scheduled service (exclusive of time off due to 
        illness or injury).
            ``(D) Avoiding abrupt changes in rest cycles for employees 
        returning to duty after an extended absence due to 
        circumstances including illness, injury, or vacation.
            ``(E) 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.
            ``(F) Scheduling of employees so that the rest period 
        occurring at the home terminal generally exceeds that given at 
        the away-from-home terminal.
    ``(c) Waiver.--A railroad carrier (including a Class III railroad 
carrier) and all labor organizations representing any class or craft of 
directly affected covered service employees of the railroad carrier may 
jointly request, as part of a proposed fatigue management plan, the 
waiver of any provisions of this chapter where the waiver would enhance 
the ability of the plan to achieve the objective of reducing fatigue 
and enhancing safety. The Secretary is authorized to waive any 
provision of this chapter if a waiver is jointly requested by the 
railroad carrier and the labor organizations representing the directly 
affected employees, and if the railroad carrier and labor organizations 
demonstrate to the Secretary's satisfaction that the waiver is 
essential to achieving the objectives of reducing fatigue and enhancing 
safety and that the plan effectively protects the safety interest 
addressed by the provision to be waived. In the event that labor 
organizations do not represent classes or crafts of directly affected 
covered employees of the railroad carrier, the railroad carrier shall 
instead consult with all of its directly affected employee groups in 
drafting the waiver request. No waiver shall be approved unless the 
Secretary makes a finding that the waiver permits procedures that 
reduce fatigue and enhance safety, and which would not be lawful 
without the waiver.
    ``(d) Definitions.--For purposes of this section, the term 
`directly affected covered service employees' means covered service 
employees to whose hours of service the terms of the approved plan 
specifically apply, and the term `scheduled employee' means an employee 
who is assigned to work a tour of duty with a regular and predictable 
starting and stopping time.''.
    (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. ELECTRONIC RECORDKEEPING.

    (a) Amendment.--Chapter 211 is amended by adding at the end the 
following new section:
``Sec. 21110. Electronic recordkeeping
    ``In rules or waivers issued under this part concerning 
recordkeeping related to compliance with this chapter, the Secretary 
may, and is encouraged to, permit that records be made, maintained, or 
submitted by electronic means in order to reduce the paperwork burden 
on railroad carriers.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
211 is amended by adding after item 21109 the following new item:

``21110. Electronic recordkeeping.''.

         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 
subsection:
    ``(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 and in a 
reasonable manner:
            ``(A) to listen to a radio communication that is broadcast 
        or transmitted over a railroad's dedicated frequency not for 
        the use of the general public, 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;
            ``(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); 
        and
            ``(E) to record the communications 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 5122, 20702(b), 20111, 
20112, 20113, or 20114 of this title, 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.''.

SEC. 202. EXCEPTION TO CHAPTER 119, TITLE 118, UNITED STATES CODE.

    Section 2511(2) of title 18, United States Code, is amended by 
redesignating current paragraphs (c) through (h) as paragraphs (d) 
through (i) and adding after paragraph (b), the following new 
paragraph:
    ``(c) 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 49 
U.S.C. chapter 51 and subtitle V, part A, may intercept railroad radio 
communications and disclose or use the information thereby contained, 
for the purposes and to the extent permitted by 49 U.S.C. 20107(c).''.

                    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 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 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, in consultation with the 
Administrator of the Environmental Protection Agency, shall prescribe 
regulations addressing noise emissions from high-speed rail systems, 
including magnetic levitation systems, when operating at speeds greater 
than 150 miles per hour. Regulations issued under this section shall be 
in lieu of railroad-related noise regulations issued pursuant to the 
Noise Control Act of 1972 (42 U.S.C. 4916(a)) only for locomotives, 
cars, and consists of locomotives and cars when operating at speeds 
greater 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--PROTECTION OF EMPLOYEES AND WITNESSES

SEC. 401. EXPANSION OF EMPLOYEE PROTECTIONS.

    (a) Section 20109(a) is amended--
            (1) by striking ``and testifying'' in the subsection 
        catchline and substituting the following: ``, testifying, 
        reporting injuries and illnesses, and cooperating with safety 
        investigations'';
            (2) by inserting ``(1)'' before ``A railroad carrier 
        engaged in interstate or foreign commerce'';
            (3) by redesignating paragraphs (1) through (2) as 
        subparagraphs (A) through (B);
            (4) by striking ``or'' following the semicolon in newly 
        designated subparagraph (A);
            (5) by striking the period at the end of newly designated 
        subparagraph (B) and substituting a semicolon and the 
        following:
                    ``(C) notified, or attempted to notify, the 
                railroad carrier of a work-related personal injury or 
                work-related illness of an employee; or
                    ``(D) cooperated with a safety investigation by the 
                Secretary of Transportation or the National 
                Transportation Safety Board.
            ``(2) It shall be unlawful for any officer or employee of a 
        railroad carrier to commit any act prohibited to a railroad 
        carrier by this subsection.''.
    (b) Section 20109(b) is amended--
            (1) by striking ``refusing to work because of'' in the 
        subsection catchline;
            (2) by inserting in paragraph (b)(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--
            (1) by striking ``180 days after it is filed'' and 
        substituting ``60 days after it is filed if the violation is a 
        form of discrimination that involves discharge, suspension, or 
        another action affecting pay and 180 days after the dispute, 
        grievance, or claim is filed if the violation is a form of 
        discrimination that does not involve discharge, suspension, or 
        another action affecting pay''; and
            (2) by striking the last sentence and substituting the 
        following: ``If the employee has been found by the Board, 
        division, delegate, or board of adjustment to have been 
        discharged, suspended, or otherwise discriminated against in 
        violation of subsection (a) or (b) of this section, the 
        employee shall be made whole, including reinstatement, with an 
        award of back pay, and with all benefits and accumulated 
        seniority. The employee may also be awarded punitive damages 
        sufficient to deter the railroad carrier from such conduct in 
        the future.''.

SEC. 402. INTERFERING WITH OR HAMPERING MAJOR INVESTIGATIONS.

    (a) Amendment.--Subchapter II of chapter 213 is amended by adding 
at the end the following new section:
``Sec. 21313. Interfering with or hampering major investigations
    ``(a) In General.--It shall be unlawful for any person knowingly to 
interfere with, obstruct, or hamper an investigation by the Secretary 
of Transportation conducted under section 20703 or 20902 of this title.
    ``(b) Knowing Intimidation and Other Acts.--It shall be unlawful 
for any person, with regard to an investigation conducted by the 
Secretary under section 20703 or 20902 of this title, knowingly to use 
intimidation or physical force, threaten, or corruptly persuade another 
person, or attempt to do so, or engage in misleading conduct toward 
another person, with intent to--
            ``(1) influence, delay, or prevent the testimony or 
        statement of any person;
            ``(2) cause or induce any person to--
                    ``(A) withhold testimony or statement, or withhold 
                a record, document, or other object from the 
                investigation;
                    ``(B) alter, destroy, mutilate, or conceal an 
                object with intent to impair the object's integrity or 
                availability for use in the investigation;
                    ``(C) evade legal process summoning that person to 
                appear as a witness, or to produce a record, document, 
                or other object, in the investigation;
                    ``(D) be absent from an investigation to which such 
                person has been summoned by legal process; or
            ``(3) hinder, delay, or prevent the communication to a 
        Federal railroad safety inspector or a State railroad safety 
        inspector, or their superiors, of information relating to the 
        commission or possible commission of one or more violations of 
        this part or of chapter 51 of this title.
    ``(c) Intentional Harassment.--It shall be unlawful, with regard to 
an investigation conducted by the Secretary under section 20703 or 
20902 of this title, to intentionally harass another person and thereby 
hinder, delay, prevent, or dissuade any person from--
            ``(1) attending a proceeding or interview, providing a 
        written statement to a Federal railroad safety inspector or 
        State railroad safety inspector, or their superiors, or 
        testifying as part of the investigation;
            ``(2) reporting to a Federal railroad safety inspector or a 
        State railroad safety inspector, or their superiors, the 
        commission or possible commission of a violation of this part 
        or of chapter 51 of this title; or
            ``(3) recommending or using any legal remedy available to 
        the Secretary under this title.
    ``(d) Defense.--In a prosecution for an offense under this section, 
it is an affirmative defense, as to which the defendant has the burden 
of proof by a preponderance of the evidence, that the conduct consisted 
solely of lawful conduct and that the defendant's sole intention was to 
encourage, induce, or cause the other person to testify or provide a 
statement truthfully.
    ``(e) Elements of Violation.--(1) For the purposes of this section, 
the testimony or statement, or the record, document, or other object 
need not be admissible in evidence or free from a claim of privilege.
    ``(2) In a prosecution for an offense under this section, no state 
of mind need be proved with respect to the circumstances that the 
investigation is being conducted by the Secretary under section 20703 
or 20902 of this title.
    ``(f) Criminal Penalties.--A person violating this section shall be 
fined under title 18, imprisoned for not more than two years, or 
both.''.
    (b) Table of Sections Amendment.--The table of sections of 
subchapter II of chapter 213, is amended by adding at the end the 
following new item:

``21313. Interfering with or hampering major investigations.''

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. EXPANSION OF EMERGENCY ORDER AUTHORITY.

    Section 20104(a)(1) is amended by striking ``death or personal 
injury'' and inserting: ``death, personal injury, or significant harm 
to the environment''.

SEC. 502. SAFETY CONSIDERATIONS IN GRANTS OR LOANS TO COMMUTER 
              RAILROADS.

    Section 5329 is amended by adding at the end the following new 
subsection:
    ``(c) Commuter Railroad Safety Considerations.--In making a grant 
or loan under this chapter that concerns a railroad subject to the 
Secretary's safety jurisdiction under section 20102 of this title, the 
Federal Transit Administrator shall consult with the Federal Railroad 
Administrator concerning relevant safety issues. The Secretary may use 
appropriate authority under this chapter, including the authority to 
prescribe particular terms or covenants under section 5334 of this 
title, to address any safety issues identified in the project supported 
by the loan or grant.''.

SEC. 503. TECHNICAL AMENDMENTS REGARDING ADJUSTMENT OF CIVIL PENALTIES 
              FOR INFLATION.

    (a) Chapter 201 General Violations.--In section 21301(a)(2), insert 
after ``$10,000'' and after ``$20,000'' the following: ``or within the 
range of such other amounts to which the stated minimum and maximum 
penalties are adjusted if required by the Federal Civil Penalties 
Inflation Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890, 28 
U.S.C. 2461 note, as amended by the Debt Collection Improvement Act of 
1996, Public Law 104-134, 110 Stat. 1321-358, 378, and as further 
amended from time to time''.
    (b) Chapter 201 Accident and Incident Violations and Chapter 203-
209 Violations.--In section 21302(a)(2), insert after ``$10,000'' and 
after ``$20,000'' the following: ``or within the range of such other 
amounts to which the stated minimum and maximum penalties are adjusted 
if required by the Federal Civil Penalties Inflation Adjustment Act of 
1990, Public Law 101-410, 104 Stat. 890, 28 U.S.C. 2461 note, as 
amended by the Debt Collection Improvement Act of 1996, Public Law 104-
134, 110 Stat. 1321-358, 378, and as further amended from time to 
time''.
    (c) Chapter 211 Violations.--In section 21303(a)(2), insert after 
``$10,000'' and after ``$20,000'' the following: ``or within the range 
of such other amounts to which the stated minimum and maximum penalties 
are adjusted if required by the Federal Civil Penalties Inflation 
Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890, 28 U.S.C. 
2461 note, as amended by the Debt Collection Improvement Act of 1996, 
Public Law 104-134, 110 Stat. 1321-358, 378, and as further amended 
from time to time''.

SEC. 504. 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 this 
section, as amended, the Secretary shall report to the Congress the 
status of such emergency notification systems, together with any 
recommendations for further legislation that the Secretary considers 
appropriate.''.

SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

    Section 20117(a)(1) is amended by striking subparagraphs (A) 
through (E), redesignating subparagraph (F) as subparagraph (A), and 
inserting after newly designated subparagraph (A) the following new 
subparagraphs:
                    ``(B) $82,086,000 for fiscal year 1999.
                    ``(C) Such sums as may be necessary for fiscal 
                years 2000-2002.''.
                                 <all>