[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2683 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2683

  To authorize activities under the Federal railroad safety laws for 
        fiscal years 2000 through 2003, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 1999

Mr. Shuster (for himself, Mr. Oberstar, Mr. Petri, and Mr. Rahall) (by 
   request) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To authorize activities under the Federal railroad safety laws for 
        fiscal years 2000 through 2003, 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 Enhancement 
Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds and declares the following:
            (1) Consistent with the purposes of the Government 
        Performance and Results Act of 1993, 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 key aspects of the corporate 
        culture of the Nation's railroads, a transformation 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, the Federal Railroad 
        Administration 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 the Federal Railroad Administration'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.
            (3) The Railroad Safety Advisory Committee, which was 
        established by the Federal Railroad Administration 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, including the staff of the National 
        Transportation Safety Board, 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.
            (4) A critical element for the sustained success of any 
        company's safety program is the establishment and growth of a 
        clearly defined, positive safety culture. The safety culture of 
        a company encompasses the beliefs, values, attitudes, and 
        practices shared by employees and company officials and 
        includes such matters as how decisions are made, who makes 
        them, how rewards and discipline are distributed, who is 
        promoted, and how people are treated. Many of today's most 
        successful organizations recognize that people are their most 
        important assets; they have come to realize that it is 
        important for managers and employees to share a common vision 
        and work in concert to pursue common goals. By exploring 
        innovative concepts involving employee empowerment, coaching, 
        counseling, and enhanced training--often through joint 
        partnerships involving rail labor, railroad management, and the 
        Federal Railroad Administration--some railroads are seeking new 
        and better methods to promote compliance with company and 
        Federal safety rules and to promote the free flow of safety-
        related information to better identify safety hazards and 
        prevent injuries and accidents. The improvements in the 
        industry's safety culture that have resulted from these 
        initiatives hold the promise of increasing railroad safety to 
        historic levels and moving toward the ultimate goal of zero 
        tolerance for safety hazards. The Congress strongly endorses 
        efforts by the Federal Railroad Administration, rail labor, and 
        individual railroads to build meaningful safety partnerships 
        that foster positive safety cultures on the Nation's railroads. 
        The Federal Railroad Administration has committed to report 
        regularly to the Congress on the continuing evolution of the 
        railroad industry's safety culture.
            (5) Although advances have been made in the industry's 
        safety culture and rail safety trends are generally favorable, 
        in terms of total fatalities, employee and other injuries, and 
        grade crossing incidents, nevertheless, too many of these 
        accidents and incidents still occur, as illustrated by recent 
fatalities related to railroading. In 1998, eight railroad employees 
were killed in switching-related incidents, and one was killed in a 
train collision. In the same year, hundreds of motorists, their 
passengers, and others lost their lives in grade crossing accidents and 
incidents, the vast majority of which are attributable to human factors 
involving the motorists. More recently, in March 1999, 11 Amtrak 
passengers died in a truck-train grade crossing collision at 
Bourbonnais, Illinois. Furthermore, each year approximately a third of 
all train accidents are caused by human factors. Clearly, there is a 
need for changes in the law to prevent deaths and accidents such as 
these by finding remedies to the kinds of conditions and behaviors that 
permitted these tragedies to occur; therefore, we enact the following 
statute, which deals with the critical human factor issues of fatigue 
and safety culture in the railroad industry, with grade crossing 
safety, and with other important rail safety issues.

SEC. 3. 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. 4. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Findings.
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. Joint submission of waiver petitions.
Sec. 108. Employee sleeping quarters.
         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, 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--WHISTLEBLOWER PROTECTION

Sec. 401. Expansion of employee protections.
                     TITLE V--GRADE CROSSING SAFETY

Sec. 501. Emergency notification of grade crossing problems.
Sec. 502. Grade crossing signal violations.
Sec. 503. National highway-rail crossing inventory.
                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Technical amendments regarding adjustment of civil penalties 
                            for inflation.
Sec. 602. Revision of special preemption provision.
Sec. 603. Railroad safety inspection user fees.
Sec. 604. Authorization of appropriations.

                       TITLE I--HOURS OF SERVICE

SEC. 101. DEFINITIONS.

    Section 21101 is amended--
            (1) in paragraph (4), by striking ``employed by a railroad 
        carrier''; and
            (2) 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 
        railroad contractors, or of both one or more railroad carriers 
        and one or more railroad contractors.
            ``(7) `railroad contractor' or, in context, `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--
            (1) by striking ``officers'' and inserting ``managers, 
        supervisors, officers,'';
            (2) by 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) by 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 
and a railroad contractor and the contractor's managers, supervisors, 
officers, and agents may not, if the railroad carrier or railroad 
contractor 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 the 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 at least 10 
        consecutive hours off duty.''.
    (b) Section 21103 is amended by adding the following at the end:
    ``(d) Notice About Dual Employment and Schedule.--
            ``(1) Notification duties of railroad carriers and railroad 
        contractors.--Not later than January 31 each year, a railroad 
        carrier and a railroad contractor 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 
                railroad contractors or a combination thereof counts 
                towards the limitations on duty hours of this section;
                    ``(B) about the employee's responsibilities under 
                paragraph (2) of this subsection; and
                    ``(C) about the penalties under section 21303 of 
                this title applicable to a failure to comply with 
                paragraph (2) of this subsection.
            ``(2) Duties of employees.--A dually employed train 
        employee--
                    ``(A) shall inform each of his or her railroad 
                carrier employers and railroad contractor employers in 
                writing within 5 days of establishing an employee-
                employer relationship that results in the employee's 
                becoming dually employed; and
                    ``(B) shall ensure that each of his or her railroad 
                carrier employers and railroad contractor employers is 
                kept informed about the employee's current work 
                schedule with each of his or her other employing 
                railroad carriers and railroad contractors. The 
                notification shall state which portions of that service 
are likely to be in covered service.
            ``(3) Record retention duties of railroad carriers and 
        railroad contractors.--Upon receiving written notification of 
        dual employment, a railroad carrier and a railroad contractor 
        shall--
                    ``(A) retain at the carrier's system and division 
                headquarters or at the contractor's headquarters one 
                copy of the notification for a period of 2 years after 
                termination of such dual employment status; and
                    ``(B) 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--
            (1) by striking ``officers'' and inserting ``managers, 
        supervisors, officers,'';
            (2) by 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) by 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 
and a railroad contractor and the contractor's managers, supervisors, 
officers, and agents may not, if the railroad carrier or railroad 
contractor 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 the 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 in paragraph (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''.
    (c) Section 21104 is amended by adding the following at the end:
    ``(d) Notice About Dual Employment and Schedule.--
            ``(1) Notification duties of railroad carriers and railroad 
        contractors.--Not later than January 31 each year, a railroad 
        carrier and a railroad contractor 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 
                railroad contractors or a combination thereof counts 
                towards the limitations on duty hours of this section;
                    ``(B) about the employee's responsibilities under 
                paragraph (2) of this subsection; and
                    ``(C) about the penalties under section 21303 of 
                this title applicable to a failure to comply with 
                paragraph (2) of this subsection.
            ``(2) Duties of employees.--A dually employed signal 
        employee--
                    ``(A) shall inform each of his or her railroad 
                carrier employers and railroad contractor employers in 
                writing within 5 days of establishing an employee-
                employer relationship that results in the employee's 
                becoming dually employed; and
                    ``(B) shall ensure that each of his or her railroad 
                carrier employers and railroad contractor employers is 
                kept informed about the employee's current work 
                schedule with each of the other employing railroad 
                carriers and railroad contractors. The notification 
                shall state which portions of that service are likely 
                to be in covered service.
            ``(3) Record retention duties of railroad carriers and 
        railroad contractors.--Upon receiving written notification of 
        dual employment, a railroad carrier and railroad contractor 
        shall--
                    ``(A) retain at the carrier's system and division 
                headquarters or at the contractor's headquarters one 
                copy of the notification for a period of 2 years after 
                termination of such dual employment status; and
                    ``(B) 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--
            (1) by striking ``or allowed'' and inserting ``or allowed 
        by a railroad carrier or its managers, supervisors, officers, 
        and agents'';
            (2) by 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) by 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 
and a railroad contractor and the contractor's managers, supervisors, 
officers, and agents may not, if the railroad carrier or railroad 
contractor 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 the 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 one or more railroad contractors 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 railroad contractor or for a railroad 
        carrier and a railroad contractor, and at least one of those 
        tours of duty is in a tower, office, station, or other place at 
        which at least 2 shifts are employed, then the duty limits of 
        subsection (b)(1) of this section apply.
            ``(3) All time on duty by the employee for any railroad 
        carrier or railroad contractor shall be included.''.
    (c) Section 21105 is amended by adding the following at the end:
    ``(e) Notice About Dual Employment and Schedule.--
            ``(1) Notification duties of railroad carriers and railroad 
        contractors.--Not later than January 31 each year, a railroad 
        carrier and a railroad contractor 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 railroad 
                contractors or a combination thereof counts towards the 
                limitations on duty hours of this section;
                    ``(B) about the employee's responsibilities under 
                paragraph (2) of this subsection; and
                    ``(C) about the penalties under section 21303 of 
                this title applicable to a failure to comply with 
                paragraph (2) of this subsection.
            ``(2) Duties of employees.--A dually employed dispatching 
        service employee--
                    ``(A) shall inform each of his or her railroad 
                carrier employers and railroad contractor employers in 
                writing within 5 days of establishing an employee-
                employer relationship that results in the employee's 
                becoming dually employed; and
                    ``(B) shall ensure that each of his or her railroad 
                carrier employers and railroad contractor employers is 
                kept informed about the employee's current work 
                schedule with each of his or her other employing 
                railroad carriers and railroad contractors. The 
                notification shall state which portions of that service 
                are likely to be in covered service.
            ``(3) Record retention duties of railroad carriers and 
        railroad contractors.--Upon receiving written notification of 
        dual employment, a railroad carrier and a railroad contractor 
        shall--
                    ``(A) retain at the carrier's system and division 
                headquarters or at the railroad contractor's 
                headquarters one copy of the notification for a period 
                of 2 years after termination of such dual employment 
                status; and
                    ``(B) 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 inserting 
``managers, supervisors, officers,''.
    (b) Section 21303(c) is amended by striking ``officers'' and 
inserting ``managers, supervisors, officers,''.

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) Submission of Plans and Amendments.--(1) Each Class I and 
Class II railroad carrier, each railroad carrier providing intercity 
railroad passenger service, and each railroad carrier providing 
commuter or other short-haul railroad passenger service in a 
metropolitan or suburban area, shall submit to the Secretary of 
Transportation a fatigue management plan that is designed to reduce the 
fatigue experienced by railroad employees (as defined by section 21101 
of this chapter) covered by the hours of service laws and railroad 
employees who construct or maintain track, and to reduce the likelihood 
of accidents and injuries caused by fatigue. The plan shall discuss 
each of the elements set forth in subsection (b) of this section and 
shall be submitted not more than one year after enactment of this 
section, or not less than 45 days prior to commencing railroad 
operations, whichever is later. However, with respect to any group of 
directly affected employees, a carrier may submit its plan within two 
years of enactment if, within one year of enactment, it submits to the 
Secretary a letter signed by the labor organization representing those 
employees stating that the carrier is actively involved in negotiating 
a fatigue management plan with that organization. A carrier shall file 
any amendment to its plan with the Secretary.
    ``(2) Each Class III railroad carrier that operates on the track of 
a carrier subject to paragraph (1) of this subsection (or otherwise 
engages in joint operations with a carrier subject to paragraph (1) of 
this subsection), except as necessary for purposes of interchange, 
shall submit to the Secretary a fatigue management plan that is 
designed to reduce the fatigue experienced by train employees (as 
defined by section 21101 of this chapter) covered by the hours of 
service laws and to reduce the likelihood of accidents and injuries 
caused by fatigue. However, the plan submitted by each affected Class 
III railroad carrier need not discuss employees who are not engaged in 
or connected with the movement of a train over the track of a carrier 
subject to paragraph (1) of this subsection (or otherwise engage in 
joint operations with a carrier subject to paragraph (1) of this 
subsection) except as necessary for the purpose of interchange. The 
plan shall discuss the elements set forth in subsection (b) of this 
section and shall be submitted not more than three years after 
enactment of this section, or not less than 60 days prior to commencing 
railroad operations, whichever is later.
    ``(3) Each railroad carrier subject to paragraph (1) or (2) of this 
subsection shall implement its plan and any amendment to that plan no 
later than 90 days after the date of its submission to the Secretary. 
If the plan fails to contain a discussion of any required element, the 
Secretary shall notify the carrier as to the specific element or 
elements that were omitted. The carrier shall then submit an amended 
plan within 90 days of such notification.
    ``(4)(A) Each railroad carrier subject to paragraph (1) or (2) of 
this subsection shall employ good faith and use its best efforts to 
reach agreement by consensus with all of its directly affected employee 
groups (including each labor organization representing a class or craft 
of directly affected employees of the railroad carrier (as applicable)) 
on the contents of the fatigue management plan and amendments to the 
plan, and, wherever possible, the carrier and those employee groups 
shall jointly submit the plan and each amendment to the Secretary.
    ``(B) If the carrier and its employees cannot reach consensus on 
the contents of the plan or an amendment to the plan, then--
            ``(i) the carrier shall file the plan or amendment with the 
        Secretary as required by subsection (a) of this section; and
            ``(ii) each directly affected employee group (as 
        applicable), may include in the plan or an amendment to a plan 
        a statement explaining its views on the plan or amendment on 
        which consensus was not reached.
    ``(b) Elements of the Fatigue Management Plan.--
            ``(1) General factors.--The fatigue management plan and 
        each amendment shall--
                    ``(A) be based upon scientific knowledge and 
                literature relating to fatigue;
                    ``(B) describe the methods and measures the carrier 
                will utilize to determine the effectiveness of each 
                fatigue countermeasure;
                    ``(C) take into account the varying circumstances 
                of operations by the railroad carrier on different 
                parts of its system, and what variations in fatigue 
                countermeasures are appropriate to address those 
                varying circumstances; and
                    ``(D) to the extent that implementation of the plan 
                is connected in any way to a waiver request submitted 
                under section 21108 of this chapter, discuss that 
                connection.
            ``(2) Subjects that concern all directly affected 
        employees.--With respect to directly affected employees, 
        whether working in scheduled or nonscheduled service, the plan 
        shall discuss the following subjects:
                    ``(A) Education and training on the physiological 
                and other human factors that affect fatigue, as well as 
                strategies to counter fatigue.
                    ``(B) Joint labor/management initiatives concerning 
                the identification, diagnosis, and treatment of sleep 
                disorders that could contribute to fatigue.
                    ``(C) Methods of avoiding increased fatigue due to 
                the need to respond to emergency situations, such as 
                derailments and natural disasters.
                    ``(D) Scheduling practices that improve work/rest 
                cycles and minimize cumulative sleep loss and fatigue.
                    ``(E) Methods used to determine that current and 
                future staffing levels are adequate to ensure that 
                current and anticipated workloads can be handled 
                without exacerbating fatigue on the part of affected 
                employees.
                    ``(F) Alertness strategies to address acute 
                sleepiness and fatigue while an employee is on duty.
                    ``(G) Opportunities to obtain restful sleep at 
                lodging facilities.
                    ``(H) How to minimize disturbances of the 
                employee's rest within the carrier's control during 
                rest periods.
            ``(3) Subjects that concern directly affected employees in 
        nonscheduled service.--With respect to directly affected 
        employees working in nonscheduled service, the plan shall also 
        discuss the following subjects:
                    ``(A) Methods of affording greater scheduling 
                predictability to allow an employee to better plan 
                personal activities, sleep, and preparation for work 
                during the off-duty period.
                    ``(B) How to provide employees with opportunities 
                to take days off from work on a scheduled basis.
                    ``(C) How to avoid abrupt changes in rest cycles 
                for employees returning to duty after an extended 
                absence due to circumstances including illness, injury, 
                or vacation.
                    ``(D) 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.
                    ``(E) How to maximize the amount of rest time given 
                at the employee's home terminal.
    ``(c) Reports to the Secretary on Effectiveness of 
Countermeasures.--(1) Each railroad carrier required by paragraph (1) 
of subsection (a) of this section to submit a fatigue management plan 
shall also submit to the Secretary by June 30 of the years 2000 through 
2003, an annual report on the effectiveness of each fatigue 
countermeasure that it has employed, including a description of the 
methods and measures employed by the carrier to determine the 
effectiveness of these countermeasures and any problems encountered in 
implementing them. In preparing each report, a carrier shall consult 
with the labor organizations that represent the classes or crafts of 
directly affected employees of the railroad carrier; each report shall 
include any comments these organizations have on the report.
    ``(2) Each railroad carrier required by paragraph (2) of subsection 
(a) of this section to submit a fatigue management plan for its 
affected train employees shall also submit to the Secretary by June 30, 
2003, a report on the effectiveness of each fatigue countermeasure that 
it has employed, including a description of the methods and measures 
employed by the carrier to determine the effectiveness of these 
countermeasures and any problems encountered in implementing them. In 
preparing the report, a carrier shall consult with the labor 
organizations that represent the affected train employees of the 
carrier, and each report shall include any comments these organizations 
have on the report.
    ``(d) Secretary's Assessment of Fatigue Countermeasures.--The 
Secretary shall, at least once every fiscal year for the fiscal years 
2000 through 2003, provide to the committees of jurisdiction a current 
assessment (which may be in letter form) of fatigue mitigation efforts 
by railroad carriers and their directly affected employees, a summary 
of any regulatory or other action the Secretary intends to take 
regarding fatigue mitigation, and any recommendations for legislative 
action concerning fatigue. In making such recommendations, the 
Secretary shall consider whether, in the interest of railroad safety, 
additional categories or classes of railroad carriers should be 
required to submit fatigue management plans, including whether 
additional categories or classes of carrier employees should be 
covered.
    ``(e) Enforcement.--(1) It shall be a violation of this section for 
a railroad carrier subject to this section to--
            ``(A) fail to submit to the Secretary a fatigue management 
        plan or, in any, an amendment to a fatigue management plan, by 
        the required date;
            ``(B) submit a fatigue management plan that fails to 
        contain a discussion of the elements required to be included 
        under subsection (b) of this section, unless the carrier 
        submits a properly amended plan within the time provided under 
        subsection (a)(3) of this section;
            ``(C) fail to implement substantially its fatigue 
        management plan by the required date;
            ``(D) fail to submit to the Secretary a report under 
        subsection (c) of this section by the required date; or
            ``(E) submit a report under subsection (c) of this section 
        that fails to contain a discussion of the elements required to 
        be included.
    ``(2) Every day that a violation continues constitutes a separate 
violation.
    ``(3) In addition to other enforcement actions available with 
regard to violations of this section, the Secretary may, with regard to 
violations listed in subparagraphs (1)(A) and (C) of this subsection, 
issue an order under section 20111 of this part, directing the carrier 
to implement whatever fatigue mitigation measures the Secretary finds 
to be appropriate to deal with the lack of a plan or lack of 
substantial implementation of one or more elements of a plan, which may 
include restrictions on maximum on-duty hours or minimum off-duty 
periods, or both, that are more stringent than the restrictions of this 
chapter, such as minimum periods of advance notice of reporting times, 
minimum periods of undisturbed rest, a specified number of days off in 
a week or month, longer periods off duty, and shorter periods on duty.
    ``(f) Definitions.--In this section:
            ``(1) Directly affected employee.--The term `directly 
        affected employee' means--
                    ``(A) with respect to a Class I or II railroad 
                carrier or a railroad carrier providing intercity 
                railroad passenger service or commuter or other short-
                haul railroad passenger service in a metropolitan or 
                suburban area, an employee of that carrier covered by 
                the hours of service laws and an employee of that 
                carrier who constructs or maintains track and is 
                therefore covered by the terms of the plan; and
                    ``(B) with respect to a Class III railroad carrier, 
                a train employee (as defined by section 21101 of this 
                chapter) covered by the hours of service laws who is 
                engaged in or connected with the movement of a train 
                over the track of a carrier subject to subsection 
                (a)(1) of this section (or otherwise engaged in joint 
                operations with a carrier subject to subsection (a)(1) 
                of this section) except as necessary for purposes of 
                interchange.
            ``(2) Employee in nonscheduled service.--The term `employee 
        in nonscheduled service' means a directly affected employee who 
        is assigned to work a tour of duty without regular and 
        predictable starting and stopping times.
    ``(g) Consultation With Knowledgeable Groups.--In carrying out 
duties under this section, the Secretary may consult with and receive 
advice and recommendations from any group comprised of labor and 
management representatives with relevant expertise, including the North 
American Rail Alertness Partnership, or technical experts. Such 
consultation is not subject to the Federal Advisory Committee Act (5 
U.S.C. App.).''.
    (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. JOINT SUBMISSION OF WAIVER PETITIONS.

    (a) Amendment.--Chapter 211 is amended by striking section 21108 
and inserting the following:
``Sec. 21108. Joint submission of waiver petitions
    ``(a) Waiver.--
            ``(1) Petition.--A railroad carrier (including a Class III 
        railroad carrier) and all labor organizations representing any 
        class or craft of directly affected employees of the railroad 
        carrier may jointly petition the Secretary of Transportation 
        for approval of a waiver, in whole or in part, of compliance 
        with this chapter, in order to implement alternatives to the 
        strict application of the requirements of this chapter to such 
        class or crafts of employees, including requirements concerning 
        maximum on-duty and minimum off-duty periods. If the petition 
        has any connection to a fatigue management plan that has 
been or will be submitted under section 21109 of this chapter, the 
petition shall explain the relationship between the waiver being sought 
and any specific provisions of that plan.
            ``(2) Authority to waive.--Based on such a joint petition 
        under paragraph (1) or paragraph (3) of this subsection, the 
        Secretary may, after notice and opportunity for comment, waive 
        in whole or in part compliance with this chapter for any 
        specified time period, if the Secretary determines that such a 
        waiver of compliance is in the public interest and consistent 
        with railroad safety. A waiver is consistent with railroad 
        safety if it is demonstrated that the employees involved will 
        perform their job functions at a level of safety at least 
        functionally equivalent to that afforded by the provision or 
        provisions of this chapter sought to be waived. A notice of any 
        petition under this section and an explanation of any waiver 
        granted under this section shall be published in the Federal 
        Register.
            ``(3) When employees are not represented by labor 
        organizations.--In the event that labor organizations do not 
        represent classes or crafts of directly affected employees of a 
        railroad carrier, the carrier may, after consulting with all of 
        its directly affected employee groups in drafting the waiver 
        request, request the waiver of any provisions of this chapter, 
        subject to the same conditions and procedures as a request made 
        under paragraph (1) of this subsection.
    ``(b) Definition.--In this section, the term `directly affected 
employee' means an employee covered by the hours of service laws to 
whose hours of service the terms of the waiver petitioned for 
specifically apply.''.
    (b) Table of Sections Amendment.--The item relating to section 
21108 in the table of sections for chapter 211 is amended to read as 
follows:

``21108. Joint submission of waiver petitions.''.

SEC. 108. EMPLOYEE SLEEPING QUARTERS.

    Section 21106 is amended--
            (1) by inserting ``(a) Sleeping Quarters.--'' before ``A 
        railroad carrier and its'';
            (2) by striking the word ``and'' at the end of paragraph 
        (1);
            (3) by striking the word ``performed'' at the end of 
        paragraph (2) and inserting ``performed; and'';
            (4) by inserting the following new paragraph after 
        paragraph (2):
            ``(3) may not, after January 1, 2002, provide sleeping 
        quarters (including crew quarters, camp or bunk cars, and 
        trailers) for employees, and any individuals employed to 
        maintain the right of way of a railroad carrier in an area or 
        in the immediate vicinity of an area in which railroad 
        switching or humping operations are performed.''; and
            (5) by inserting the following at the end:
    ``(b) Definition.--In subsection (a)(3) of this section, the term 
`immediate vicinity' means the area within one-half mile (2,640 feet) 
(804 meters) of switching or humping operations as measured from the 
nearest rail of the nearest trackage where switching or humping 
operations are performed to the exterior wall of the structure housing 
the sleeping quarters that is closest to such operations.''.

         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 
subsections:
    ``(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:
            ``(A) To listen to a radio communication that is broadcast 
        or transmitted over a frequency authorized by the Federal 
        Communications Commission to a railroad carrier, 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, subject to 
        the restrictions in paragraph (3) of this subsection.
            ``(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), 
        subject to the restrictions in paragraph (3) of this 
        subsection.
            ``(E) To record the communication 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 20702(b), 20111, 20112, 
20113, or 20114 of this title and may not be conveyed to a railroad 
carrier, 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.
    ``(d) Definition.--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. 202. EXCEPTION TO CHAPTER 119, TITLE 18, UNITED STATES CODE.

    Section 2511(2) of title 18, United States Code, is amended by 
adding after paragraph (h) the following new paragraph:
    ``(i) 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 
subtitle V, part A, of title 49 may intercept radio communications 
broadcast or transmitted over a frequency authorized by the Federal 
Communications Commission to a railroad carrier and may disclose or use 
the information thereby obtained, for the purposes and to the extent 
permitted by section 20107(c) of title 49.''.

                    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 monthly or, if no qualifying accident or incident occurs, 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 month or other applicable 
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, with the concurrence of the 
Administrator of the Environmental Protection Agency, shall prescribe 
regulations governing noise emissions from high-speed rail systems, 
including magnetic levitation systems, when operating at speeds greater 
than 150 miles per hour. Railroad-related noise regulations issued 
pursuant to the Noise Control Act of 1972 (42 U.S.C. 4916(a)) shall 
govern noise emissions from locomotives, cars, and consists of 
locomotives and cars, when operating at speeds equal to or less 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--WHISTLEBLOWER PROTECTION

SEC. 401. EXPANSION OF EMPLOYEE PROTECTIONS.

    (a) Section 20109(a) is amended--
            (1) by striking ``and Testifying'' in the subsection 
        heading and inserting the following: ``, Testifying, Reporting, 
        Injuries and Illnesses, and Cooperating With Safety 
        Investigations'';
            (2) by striking ``or'' following the semicolon in paragraph 
        (1); and
            (3) by striking the period at the end of paragraph (2) and 
        inserting a semicolon and the following:
            ``(3) notified, or attempted to notify, the railroad 
        carrier of a work-related personal injury or work-related 
        illness of an employee; or
            ``(4) cooperated with a safety investigation by the 
        Secretary of Transportation or the National Transportation 
        Safety Board.''.
    (b) Section 20109(b) is amended--
            (1) by striking the subsection heading and inserting 
        ``Hazardous Conditions.--'';
            (2) by inserting in paragraph (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 by striking the subsection and 
inserting the following:
    ``(c) Dispute Resolution.--.
            ``(1) In general.--A dispute, grievance, or claim arising 
        under this section is subject to resolution--
                    ``(A) under section 3 of the Railway Labor Act (45 
                U.S.C. 553); or
                    ``(B) through a tort action brought by the employee 
                in a district court of the United States.
            ``(2) Expedited resolution under railway labor act.--In a 
        proceeding by the National Railroad Adjustment Board, a 
        division of delegate of the Board, or another board of 
        adjustment established under section 3 (45 U.S.C. 553) to 
        resolve the dispute, grievance, or claim, the proceeding shall 
        be expedited and the dispute, grievance, or claim shall be 
        resolved not later than 180 days after it is filed.
            ``(3) Venue.--A tort action under paragraph (1)(B) of this 
        subsection may be brought in the judicial district in which the 
        dispute, grievance, or claim arose or the defendant has its 
        principal executive office.
            ``(4) Relief.--If the employee has been found by the Board, 
        division, delegate, or other board of adjustment or by the 
        court, as applicable, to have been discharged, suspended, or 
        otherwise discriminated against in violation of subsection (a) 
        or (b) of this section, the Board division, delegate, or other 
        board of adjustment or the court, as applicable--
                    ``(A) may award reasonable damages, including 
                punitive damages sufficient to deter the railroad 
                carrier from such conduct in the future up to $100,000; 
                and
                    ``(B) shall make the employee whole, including 
                reinstatement, with an award of back pay, and with all 
                benefits and accumulated seniority.''.

                     TITLE V--GRADE CROSSING SAFETY

SEC. 501. 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 the 
Federal Railroad Safety Enhancement Act of 1999, the Secretary shall 
report to Congress the status of such emergency notification systems, 
together with any recommendations for further legislation that the 
Secretary considers appropriate.
    ``(c) Clarification of Term.--In this section, the use of the term 
`emergency' does not alter the circumstances under which a signal 
employee subject to the hours of service law limitations in chapter 211 
of this title may be permitted to work up to 4 additional hours in a 
24-hour period when an actual `emergency' under section 21104(c) of 
this title exists and the work of that employee is related to the 
emergency.''.

SEC. 502. VIOLATION OF GRADE CROSSING SIGNALS.

    (a) General.--Section 20151 is amended--
            (1) by amending the section heading to read as follows:
``Sec. 20151. Strategy to prevent railroad trespassing and vandalism 
              and violation of grade crossing signals'';
            (2) in subsection (a)--
                    (A) by striking ``and vandalism affecting railroad 
                safety'' and inserting ``, vandalism affecting railroad 
                safety, and violations of highway-rail grade crossing 
                signals'';
                    (B) by inserting ``, concerning trespassing and 
                vandalism,'' after ``such evaluation and review''; and
                    (C) by inserting ``The second such evaluation and 
                review, concerning violations of highway-rail grade 
                crossing signals, shall be completed not later than one 
                year after the date of enactment of the Federal 
                Railroad Safety Enhancement Act of 1999'' after 
                ``November 2, 1994.'';
            (3) in the subsection heading of subsection (b), by 
        inserting ``for Trespassing and Vandalism Prevention'' after 
        ``Outreach Program'';
            (4) in subsection (c)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) by inserting ``(1)'' after ``Model 
                Legislation.--''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) Not later than two years after the date of the enactment of 
the Federal Railroad Safety Enhancement Act of 1999, 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.''; and
            (5) by adding at the end the following new subsection:
    ``(d) Definition.--In this section, `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 item relating to section 20151 in 
the table of sections for subchapter II of chapter 201 of title 49, 
United States Code, is amended to read as follows:

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

SEC. 503. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY.

    (a) Amendment.--Subchapter II of chapter 201, as amended by this 
Act, is further amended by adding at the end the following new section:
``Sec. 20155. National highway-rail crossing inventory
    ``(a) Mandatory Initial Reporting of Crossing Information.--No 
later than September 30, 2001, each railroad carrier shall--
            ``(1) report to the Secretary of Transportation certain 
        information, as specified by the Secretary by rule or order 
        issued after notice and opportunity for public comment or by 
        guidelines, concerning each highway-rail crossing through which 
        the carrier operates; or
            ``(2) otherwise ensure that the information has been 
        reported to the Secretary by that date.
    ``(b) Mandatory Periodic Updating of Crossing Information.--On a 
periodic basis beginning no later than September 30, 2003, and not less 
often than September 30 of every third year thereafter, or as otherwise 
specified by the Secretary of Transportation by rule or order issued 
after notice and opportunity for public comment or by guidelines, each 
railroad carrier shall--
            ``(1) report to the Secretary certain current information, 
        as specified by the Secretary by rule or order issued after 
        notice and opportunity for public comment or by guidelines, 
        concerning each highway-rail grade crossing through which it 
        operates; or
            ``(2) otherwise ensure that the information has been 
        reported to the Secretary by that date.
    ``(c) Definitions.--In this section:
            ``(1) Highway-rail crossing.--The term `highway-rail 
        crossing' means a location within a State where a public 
        highway, road, street, or private roadway, including associated 
        sidewalks and pathways, 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, Puerto Rico, the Northern 
        Mariana Islands, Guam, American Samoa, and the Virgin 
        Islands.''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
201 is amended by adding after new item 20154 the following new item:

``20155. National highway-rail crossing inventory.''.
    (c) Amendment.--Section 130 of title 23, United States Code, is 
amended--
            (1) by amending the section heading to read as follows:
``Sec. 130. Highway-rail crossings'';
            (2) by inserting the following new subsection at the end:
    ``(k) National Highway-Rail Crossing Inventory.--
            ``(1) Mandatory initial reporting of crossing 
        information.--No later than September 30, 2001, each State 
        shall--
                    ``(A) report to the Secretary of Transportation 
                certain information, as specified by the Secretary by 
                rule or order issued after notice and opportunity for 
                public comment or by guidelines, concerning each 
                highway-rail crossing located within its borders; or
                    ``(B) otherwise ensure that the information has 
                been reported to the Secretary by that date.
            ``(2) Mandatory periodic updating of crossing 
        information.--On a periodic basis beginning no later than 
        September 30, 2003, and not less often than September 30 of 
        every third year thereafter, or as otherwise specified by the 
        Secretary of Transportation by rule or order issued after 
        notice and opportunity for public comment or by guidelines, 
        each State shall--
                    ``(A) report to the Secretary certain current 
                information, as determined by the Secretary by rule or 
                order issued after notice and opportunity for public 
                comment or by guidelines, concerning each highway-rail 
                crossing located within its borders; or
                    ``(B) otherwise ensure that the information has 
                been reported to the Secretary by that date.
            ``(3) Definitions.--In this subsection:
                    ``(A) Highway-rail crossing.--The term `highway-
                rail crossing' means a location where a public highway, 
                road, street, or private roadway, including associated 
                sidewalks and pathways, crosses one or more railroad 
                tracks either at grade or grade separated.
                    ``(B) State.--The term `State' means a State of the 
                United States, the District of Columbia, Puerto Rico, 
                the Northern Mariana Islands, Guam, American Samoa, and 
                the Virgin Islands.''.
    (d) Table of Sections Amendment.--The table of sections for chapter 
1 of title 23, United States Code, is amended by striking the existing 
item for section 130 and inserting:

``130. Highway-rail crossings.''.
    (e) Civil Penalties.--(1) Section 21301(a)(1) is amended--
            (A) by striking the period at the end of the first sentence 
        and inserting ``or with section 20155''; and
            (B) in the second sentence, by inserting ``or violating 
        section 20155'' between ``chapter 201'' and ``is liable''.
    (2) Section 21301(a)(2) is amended by inserting after the first 
sentence the following: ``The Secretary shall subject a person to a 
civil penalty for a violation of section 20155 of this title''.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. TECHNICAL AMENDMENTS REGARDING ADJUSTMENT OF CIVIL PENALTIES 
              FOR INFLATION.

    (a) Chapter 201 General Violations.--In section 21301(a)(2), as 
amended by this Act, insert after ``$10,000'' and after ``$20,000'' the 
following: ``or such other amount to which the stated maximum penalty 
is adjusted if required by the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (Public Law 101-410, 28 U.S.C. 2461 note)''.
    (b) Chapter 201 Accident and Incident Violations and Chapter 203-
209 Violations.--In section 21302(a)(2), as amended by this Act, insert 
after ``$10,000'' and after ``$20,000'' the following: ``or such other 
amount to which the stated maximum penalty is adjusted if required by 
the Federal Civil Penalties Inflation Adjustment Act of 1990 (Public 
Law 101-410, 28 U.S.C. 2461 note)''.
    (c) Chapter 211 Violations.--In section 21303(a)(2), as amended by 
this Act, insert after ``$10,000'' and after ``$20,000'' the following: 
``or such other amount to which the stated maximum penalty is adjusted 
if required by the Federal Civil Penalties Inflation Adjustment Act of 
1990 (Public Law 101-410, 28 U.S.C. 2461 note)''.

SEC. 602. REVISION OF SPECIAL PREEMPTION PROVISION.

    Section 711 of the Regional Rail Reorganization Act of 1973 
(section 797j of title 45, United States Code), is revised to read as 
follows:
    ``Sec. 711. No State may continue in force any law, rule, 
regulation, order, or standard adopted before the date of enactment of 
the Federal Railroad Safety Enhancement Act of 1999 requiring any 
railroad in the Region to employ any specified number of persons to 
perform any particular task, function, or operation, or requiring the 
railroad to pay protective benefits to employees.''.

SEC. 603. RAILROAD SAFETY INSPECTION USER FEES.

    Section 20115 is amended--
            (1) in subsection (a)--
                    (A) by striking ``chapter'' in the first sentence 
                and inserting ``part''; and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) shall cover the costs incurred by the Federal 
        Railroad Administration in carrying out this part and chapter 
        51 of this title;'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Collection, Deposit, and Use.--(1) The Secretary is 
authorized to impose and collect fees under this section for each 
fiscal year (beginning with fiscal year 2000) before the end of the 
fiscal year to cover the costs of carrying out this part and Federal 
Railroad Administration activities in connection with chapter 51 of 
this title.
    ``(2) Fees authorized under this section shall be collected and 
available for obligation only to the extent and in the amount provided 
in advance in appropriations acts. Such fees are authorized to be 
appropriated to remain available until expended.''; and
            (3) by striking subsections (d) and (e).

SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

    Section 20117(a) is amended--
            (1) in subsection (a)(1), by striking ``chapter'' and 
        inserting ``part and to carry out chapter 51 of this title with 
        respect to the railroad mode of transportation'' and by 
        striking subparagraphs (A) through (F);
            (2) by striking subsection (a)(2); and
            (3) by redesignating subsection (a)(1) as subsection (a), 
        and inserting the following at the end:
            ``(1) $117,262,000 for the fiscal year ending September 30, 
        2000.
            ``(2) Such sums as may be necessary for fiscal years 2001 
        through 2003.''.
                                 <all>