[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1402 Referred in House (RFH)]

<DOC>
108th CONGRESS
  1st Session
                                S. 1402


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES
 
                            December 8, 2003
                            
             Referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for activities under the Federal railroad 
safety laws for fiscal years 2004 through 2008, 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 Improvement 
Act''.

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

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

SEC. 3. TABLE OF CONTENTS. 

    The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents. 
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations.
 TITLE II--RULEMAKING, INSPECTION, ENFORCEMENT, AND PLANNING AUTHORITY

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

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Section 20117(a) is amended to read as follows:
    ``(a) General.--There are authorized to be appropriated to the 
Secretary of Transportation to carry out this chapter--
            ``(1) $166,000,000 for the fiscal year ending September 30, 
        2004;
            ``(2) $176,000,000 for the fiscal year ending September 30, 
        2005;
            ``(3) $185,000,000 for the fiscal year ending September 30, 
        2006;22    ``(4) $192,000,000 for the fiscal year ending 
        September 30, 2007; and22    ``(5) $200,000,000 for the fiscal 
        year ending September 30, 2008.''.78TITLE II--RULEMAKING, 
        INSPECTION, ENFORCEMENT, AND PLANNING AUTHORITY72SEC. 201. 
        NATIONAL CROSSING INVENTORY.20    (a) In General.--Chapter 201 
        is amended by adding at the end the following:75``Sec. 1A20154. 
        National crossing inventory20    ``(a) Initial Reporting of 
        Information About Previously Unreported Crossings.--Not later 
        than 6 months after the date of enactment of the Federal 
        Railroad Safety Improvement Act or 6 months after a new 
        crossing becomes operational, whichever occurs later, each 
        railroad carrier shall--22    ``(1) report to the Secretary of 
        Transportation current information, as specified by the 
        Secretary, concerning each previously unreported crossing 
        through which it operates; or22    ``(2) ensure that the 
        information has been reported to the Secretary by another 
        railroad carrier that operates through the crossing.20    ``(b) 
        Updating of Crossing Information.--(1) On a periodic basis 
        beginning not later than 18 months after the date of enactment 
        of the Federal Railroad Safety Improvement Act and on or before 
        September 30 of every third year thereafter, or as otherwise 
        specified by the Secretary, each railroad carrier shall--22    
        ``(A) report to the Secretary current information, as specified 
        by the Secretary, concerning each crossing through which it 
        operates; or22    ``(B) ensure that the information has been 
        reported to the Secretary by another railroad carrier that 
        operates through the crossing.20    ``(2) A railroad carrier 
        that sells a crossing on or after the date of enactment of the 
        Federal Railroad Safety Improvement Act, shall, not later than 
        the date that is 18 months after the date of enactment of the 
        Act or 3 months after the sale, whichever occurs later, or as 
        otherwise specified by the Secretary, report to the Secretary 
        current information, as specified by the Secretary, concerning 
        the change in ownership of the crossing.20    ``(c) Rulemaking 
        Authority.--The Secretary shall prescribe the regulations 
        necessary to implement this section. The Secretary may enforce 
        each provision of the Federal Railroad Administration's 
        Highway-Rail Crossing Inventory Instructions and Procedures 
        Manual that is in effect on the date of enactment of the 
        Federal Railroad Safety Improvement Act, until such provision 
        is superseded by a regulation issued under this section.20    
        ``(d) Definitions.--In this section:22    ``(1) Crossing.--The 
        term `crossing' means a location within a State, other than a 
        location where one or more railroad tracks cross one or more 
        railroad tracks either at grade or grade-separated, where-- 24  
          ``(A) a public highway, road, or street, or a private 
        roadway, including associated sidewalks and pathways, crosses 
        one or more railroad tracks either at grade or grade-separated; 
        or24    ``(B) a dedicated pedestrian pathway that is not 
        associated with a public highway, road, or street, or a private 
        roadway, crosses one or more railroad tracks either at grade or 
        grade- separated.22    ``(2) State.--The term `State' means a 
        State of the United States, the District of Columbia, or Puerto 
        Rico.''.20    (b) Conforming Amendment.--The chapter analysis 
        for chapter 201 is amended by inserting after the item relating 
        to section 20153 the following: 10621143``20154. National 
        crossing inventory.''.620120    (c) Reporting and Updating.--
        Section 130 of title 23, United States Code, is amended by 
        adding at the end the following:20    ``(k) National Crossing 
        Inventory.--22    ``(1) Initial reporting of crossing 
        information.--Not later than 6 months after the date of 
        enactment of the Federal Railroad Safety Improvement Act or 
        within 6 months of a new crossing becoming operational, 
        whichever occurs later, each State shall report to the 
        Secretary of Transportation current information, as specified 
        by the Secretary, concerning each previously unreported 
        crossing located within its borders.22    ``(2) Periodic 
        updating of crossing information.--On a periodic basis 
        beginning not later than 18 months after the date of enactment 
        of the Federal Railroad Safety Improvement Act and on or before 
        September 30 of every third year thereafter, or as otherwise 
        specified by the Secretary, each State shall report to the 
        Secretary current information, as specified by the Secretary, 
        concerning each crossing located within its borders.22    ``(3) 
        Rulemaking authority.--The Secretary shall prescribe the 
        regulations necessary to implement this section. The Secretary 
        may enforce each provision of the Federal Railroad 
        Administration's Highway-Rail Crossing Inventory Instructions 
        and Procedures Manual that is in effect on the date of 
        enactment of the Federal Railroad Safety Improvement Act, until 
        such provision is superseded by a regulation issued under this 
        subsection.22    ``(4) Definitions.--In this subsection, the 
        terms `crossing' and `State' have the meaning given those terms 
        by section 20154(d)(1) and (2), respectively, of title 49.''.20  
          (d) Civil Penalties.--22    (1) Section 21301(a)(1) is 
        amended--24    (A) by inserting ``with section 20154 or '' 
        after ``comply'' in the first sentence; and24    (B) by 
        inserting ``section 20154 of this title or'' after 
        ``violating'' in the second sentence.22    (2) Section 
        21301(a)(2) is amended by inserting ``The Secretary shall 
        impose a civil penalty for a violation of section 20154 of this 
        title.'' after the first sentence.72SEC. 202. GRADE CROSSING 
        ELIMINATION AND CONSOLIDATION.20    (a) Crossing Reduction 
        Plan.--Within 24 months after the date of enactment of this 
        Act, the Secretary of Transportation shall develop and transmit 
        to the Senate Committee on Commerce, Science, and 
        Transportation and the House of Representatives Committee on 
        Transportation and Infrastructure a plan for a joint initiative 
        with States and municipalities to systematically reduce the 
        number of public and private highway-rail grade crossings by 1 
        percent per year in each of the succeeding 10 years. The plan 
        shall include--22    (1) a prioritization of crossings for 
        elimination or consolidation, based on considerations 
        including--24    (A) whether the crossing has been identified 
        as high risk; 24    (B) whether the crossing is located on a 
        designated high-speed corridor or on a railroad right-of-way 
        utilized for the provision of intercity or commuter passenger 
        rail service; and24    (C) the existing level of protection; 22  
          (2) suggested guidelines for the establishment of new public 
        and private highway-rail grade crossings, with the goal of 
        avoiding unnecessary new crossings through careful traffic, 
        zoning, and land use planning; and22    (3) an estimate of the 
        costs of implementing the plan and suggested funding sources.20  
          (b) Consultation With States.--In preparing the plan required 
        by subsection (a), the Secretary shall seek the advice of State 
        officials, including highway, rail, and judicial officials, 
        with jurisdiction over crossing safety, including crossing 
        closures. The Secretary and State officials shall consider--22  
          (1) the feasibility of consolidating and improving multiple 
        crossings in a single community;22    (2) the impact of closure 
        on emergency vehicle response time, traffic delays, and public 
        inconvenience; and22    (3) the willingness of a municipality 
        to participate in the elimination or consolidation of 
        crossings.20    (c) Guide to Crossing Consolidation and 
        Closure.--Within 1 year after the date of enactment of this 
        Act, the Secretary shall update, reissue, and distribute the 
        publication entitled ``A Guide to Crossing Consolidation and 
        Closure''.20    (d) Incentive Payments for At-Grade Crossing 
        Closures.--Section 130(i)(3)(B) of title 23, United States Code 
        is amended by striking ``$7,500.'' and inserting 
        ``$15,000.''.20    (e) Funding for Plan.--From amounts 
        authorized by section 20117(a)(1) of title 49, United States 
        Code, to the Secretary, there shall be available $500,000 for 
        fiscal year 2004 to prepare the plan required by this section, 
        such sums to remain available until the plan is transmitted to 
        the Senate Committee on Commerce, Science, and Transportation 
        and the House of Representatives Committee on Transportation 
        and Infrastructure as required by subsection (a).72SEC. 203. 
        MODEL LEGISLATION FOR DRIVER BEHAVIOR.20    (a) In General.--
        Section 20151 is amended--22    (1) by striking the section 
        caption and inserting the following:75``Sec. 1A20151. Strategy 
        to prevent railroad trespassing and vandalism and violation of 
        grade crossing signals'';22    (2) by striking ``safety,'' in 
        subsection (a) and inserting ``safety and violations of 
        highway-rail grade crossing signals,'';22    (3) by striking 
        the second sentence of subsection (a) and inserting ``The 
        evaluation and review shall be completed not later than 1 year 
        after the date of enactment of the Federal Railroad Safety 
        Improvement Act.''; and22    (4) by striking ``Model 
        Legislation.--Within 18 months after November 2, 1994, the'' in 
        subsection (c) and inserting ``Legislation for Vandalism and 
        Trespassing Penalties.--The''; and22    (5) by adding at the 
        end the following:20    ``(d) Model Legislation for Grade-
        Crossing Violations.--Within 2 years after the date of the 
        enactment of the Federal Railroad Safety Improvement Act, the 
        Secretary, after consultation with State and local governments 
        and railroad carriers, shall develop and make available to 
        State and local governments model State legislation providing 
        for civil or criminal penalties, or both, for violations of 
        highway-rail grade crossing signals. 
    ``(e) Violation Defined.--In this section, the term `violation of 
highway-rail grade crossing signals' includes any action by a motorist, 
unless directed by an authorized safety officer--22    ``(1) to drive 
around or through a grade crossing gate in a position intended to block 
passage over railroad tracks;22    ``(2) to drive through a flashing 
grade crossing signal;22    ``(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; and22    ``(4) in the 
vicinity of a grade crossing, that creates a hazard of an accident 
involving injury or property damage at the grade crossing.''.20    (b) 
Conforming Amendment.--The chapter analysis for chapter 201 is amended 
by striking the item relating to section 20151 and inserting the 
following:10621143``20151. Strategy to prevent railroad trespassing and 
vandalism and violation of grade crossing signals.''.620172SEC. 204. 
OPERATION LIFESAVER.20    Section 20117(e) is amended to read as 
follows:20    ``(e) Operation Lifesaver.--In addition to amounts 
otherwise authorized by law, from the amounts authorized to be 
appropriated under subsection (a), there shall be available for 
railroad research and development $1,250,000 for fiscal year 2004, 
$1,300,000 for fiscal year 2005, $1,350,000 for fiscal year 2006, 
$1,400,000 for fiscal year 2007, and $1,460,000 for fiscal year 2008 to 
support Operation Lifesaver, Inc.''.72SEC. 205. TRANSPORTATION 
SECURITY.20    (a) Memorandum of Agreement.--Within 60 days after the 
date of enactment of this Act, the Secretary of Transportation and the 
Secretary of Homeland Security shall execute a memorandum of agreement 
governing the roles and responsibilities of the Department of 
Transportation and the Department of Homeland Security, respectively, 
in addressing railroad transportation security matters, including the 
processes the departments will follow to promote communications, 
efficiency, and nonduplication of effort.20    (b) Rail Safety 
Regulations.--Section 20103(a) is amended to read as follows:20    
``(a) Regulations and Orders.--The Secretary of Transportation, as 
necessary, shall prescribe regulations and issue orders for every area 
of railroad safety, including security, supplementing laws and 
regulations in effect on October 16, 1970. When prescribing a security 
regulation or issuing a security order that affects the safety of 
railroad operations, the Secretary of Homeland Security shall consult 
with the Secretary of Transportation.''.72SEC. 206. RAILROAD ACCIDENT 
AND INCIDENT REPORTING.20    Section 20901(a) is amended to read as 
follows:20    ``(a) General Requirements.--On a periodic basis 
specified by the Secretary of Transportation but not less frequently 
than quarterly, a railroad carrier shall file a report with the 
Secretary on all accidents and incidents resulting in injury or death 
to an individual or damage to equipment or a roadbed arising from the 
carrier's operations during the specified period. The report shall 
state the nature, cause, and circumstances of each reported accident or 
incident. If a railroad carrier assigns human error as a cause, the 
report shall include, at the option of each employee whose error is 
alleged, a statement by the employee explaining any factors the 
employee alleges contributed to the accident or incident.''.72SEC. 207. 
RAILROAD RADIO MONITORING AUTHORITY.20    Section 20107 is amended by 
inserting at the end the following:20    ``(c) Railroad Radio 
Communications.--22    ``(1) In general.--To carry out the Secretary's 
responsibilities under this part and under chapter 51, the Secretary 
may authorize officers, employees, or agents of the Secretary to 
conduct the following activities at reasonable times:24    ``(A) 
Intercepting a radio communication that is broadcast or transmitted 
over a frequency authorized for the use of one or more railroad 
carriers by the Federal Communications Commission, with or without 
making their presence known to the sender or other receivers of the 
communication and with or without obtaining the consent of the sender 
or other receivers of the communication. 24    ``(B) Communicating the 
existence, contents, substance, purport, effect, or meaning of the 
communication, subject to the restrictions in paragraph (3). 24    
``(C) Receiving or assisting in receiving the communication (or any 
information therein contained).24    ``(D) Disclosing the contents, 
substance, purport, effect, or meaning of the communication (or any 
part thereof of such communication) or using the communication (or any 
information contained therein), subject to the restrictions in 
paragraph (3), after having received the communication or acquired 
knowledge of the contents, substance, purport, effect, or meaning of 
the communication (or any part thereof).24    ``(E) Recording the 
communication by any means, including writing and tape recording.22    
``(2) Limitation.--The Secretary, and officers, employees, and agents 
of the Department of Transportation authorized by the Secretary may 
engage in the activities authorized by paragraph (1) for the purpose of 
accident prevention, including, but not limited to, accident 
investigation.22    ``(3) Use of information.--24    ``(A) Except as 
provided in subparagraph (F), information obtained through activities 
authorized by paragraphs (1) and (2) shall not be admitted into 
evidence in any administrative or judicial proceeding except to impeach 
evidence offered by a party other than the Federal Government regarding 
the existence, electronic characteristics, content, substance, purport, 
effect, meaning, or timing of, or identity of parties to, a 
communication intercepted pursuant to paragraphs (1) and (2) in 
proceedings pursuant to sections 5122, 20702(b), 20111, 20112, 20113, 
or 20114 of this title.24    ``(B) If information obtained through 
activities set forth in paragraphs (1) and (2) is admitted into 
evidence for impeachment purposes in accordance with subparagraph (A), 
the court, administrative law judge, or other officer before whom the 
proceeding is conducted may make such protective orders regarding the 
confidentiality or use of the information as may be appropriate in the 
circumstances to protect privacy and administer justice.24    ``(C) 
Information obtained through activities set forth in paragraphs (1) and 
(2) shall not be subject to publication or disclosure, or search or 
review in connection therewith, under section 552 of title 5.24    
``(D) No evidence shall be excluded in an administrative or judicial 
proceeding solely because the government would not have learned of the 
existence of or obtained such evidence but for the interception of 
information that is not admissible in such proceeding under 
subparagraph (A).24    ``(E) Nothing in this subsection shall be 
construed to impair or otherwise affect the authority of the United 
States to intercept a communication, and collect, retain, analyze, use, 
and disseminate the information obtained thereby, under a provision of 
law other than this subsection.24    ``(F) No information obtained by 
an activity authorized by paragraph (1)(A) that was undertaken solely 
for the purpose of accident investigation may be introduced into 
evidence in any administrative or judicial proceeding in which civil or 
criminal penalties may be imposed.22    ``(4) Application with other 
law.--Section 705 of the Communications Act of 1934 (47 U.S.C. 605) and 
chapter 119 of title 18 shall not apply to conduct authorized by and 
pursuant to this subsection.20    ``(d) Reasonable Time Defined.--In 
this section, the term `at reasonable times' means at any time that the 
railroad carrier being inspected or investigated is performing its rail 
transportation business.''. 72SEC. 208. RECOMMENDATIONS ON FATIGUE 
MANAGEMENT.20    (a) Working Group Established.--The Railroad Safety 
Advisory Committee of the Federal Railroad Administration shall convene 
a working group to consider what legislative or other changes the 
Secretary of Transportation deems necessary to address fatigue 
management for railroad employees subject to chapter 211 of title 49, 
United States Code. The working group shall consider--22    (1) the 
varying circumstances of rail carrier operations and appropriate 
fatigue countermeasures to address those varying circumstances, based 
on current and evolving scientific and medical research on circadian 
rhythms and human sleep and rest requirements;22    (2) research 
considered by the Federal Motor Carrier Safety Administration in 
devising new hours of service regulations for motor carriers; 22    (3) 
the benefits and costs of modifying the railroad hours of service 
statute or implementing other fatigue management countermeasures for 
railroad employees subject to chapter 211; and22    (4) ongoing and 
planned initiatives by the railroads and rail labor organizations to 
address fatigue management. 20    (b) Report to Congress.--Not later 
than 24 months after the date of enactment of this Act, the working 
group convened under subsection (a) shall submit a report containing 
its conclusions and recommendations to the Railroad Safety Advisory 
Committee and the Secretary of Transportation. The Secretary shall 
transmit the report to the Senate Committee on Commerce, Science, and 
Transportation and to the House Committee on Transportation and 
Infrastructure.20    (c) Recommendations.--If the Railroad Safety 
Advisory Committee does not reach a consensus on recommendations within 
24 months after the date of enactment of this Act, the Secretary of 
Transportation shall, within 36 months after the date of enactment of 
this Act, submit to the Senate Committee on Commerce, Science, and 
Transportation and to the House Committee on Transportation and 
Infrastructure recommendations for legislative, regulatory, or other 
changes to address fatigue management for railroad employees.72SEC. 
209. POSITIVE TRAIN CONTROL.20    Within 6 months after the date of 
enactment of this Act, the Secretary of Transportation shall prescribe 
a final rule addressing safety standards for positive train control 
systems or other safety technologies that provide similar safety 
benefits.72SEC. 210. POSITIVE TRAIN CONTROL IMPLEMENTATION.20    (a) 
Report on Pilot Projects.--Within 3 months after completion of the 
North American Joint Positive Train Control Project, the Secretary of 
Transportation shall submit a report on the progress of on-going and 
completed projects to implement positive train control technology or 
other safety technologies that provide similar safety benefits to the 
Senate Committee on Commerce, Science, and Transportation and to the 
House Committee on Transportation and Infrastructure. The report shall 
include recommendations for future projects and any legislative or 
other changes the Secretary deems necessary.20    (b) Authorization of 
Appropriations.--The Secretary shall establish a grant program with a 
50 percent match requirement for the implementation of positive train 
control technology or other safety technologies that provide similar 
safety benefits. From the amounts authorized to be appropriated for 
each of fiscal years 2004 through 2008 under section 20117(a) of title 
49, United States Code, there shall be made available for the grant 
program--22    (1) $16,000,000 for fiscal year 2004;
            (2) $18,000,000 for fiscal year 2005; and22    (3) 
        $20,000,000 for each of fiscal years 2006 through 2008.72SEC. 
        211. SURVEY OF RAIL BRIDGE STRUCTURES.20    The Secretary of 
        Transportation shall conduct a safety survey of the structural 
        integrity of railroad bridges and railroads' programs of 
        inspection and maintenance of railroad bridges. The Secretary 
        shall issue a report to Congress at the completion of the 
        survey, including a finding by the Secretary concerning whether 
        the Secretary should issue regulations governing the safety of 
        railroad bridges.72SEC. 212. RAILROAD POLICE.20    Section 
        28101 is amended by striking ``the rail carrier'' each place it 
        appears and inserting ``any rail carrier''.72SEC. 213. FEDERAL 
        RAILROAD ADMINISTRATION EMPLOYEE TRAINING.20     From the 
        amounts authorized to be appropriated for fiscal year 2004 by 
        section 20117(a)(1) of title 49, United States Code, there 
        shall be made available to the Secretary of Transportation 
        $300,000 for the Federal Railroad Administration to perform a 
        demonstration program to provide centralized training for its 
        employees. The Secretary of Transportation shall report on the 
        results of such training and provide further recommendations to 
        the Congress.72SEC. 214. REPORT REGARDING IMPACT ON PUBLIC 
        SAFETY OF TRAIN TRAVEL IN COMMUNITIES WITHOUT GRADE 
        SEPARATION.20    (a) Study.--The Secretary of Transportation 
        shall, in consultation with State and local government 
        officials, conduct a study of the impact of blocked highway-
        railroad grade crossings on the ability of emergency responders 
        to perform public safety and security duties.20    (b) Report 
        on the Impact of Blocked Highway-railroad Grade Crossings on 
        Emergency Responders.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit the results 
        of the study and recommendations for reducing the impact of 
        blocked crossings on emergency response to the Senate Committee 
        on Commerce, Science, and Transportation and the House of 
        Representatives Committee on Transportation and 
        Infrastructure.72SEC. 215. RUNAWAY TRAINS EMERGENCY RESPONSE.20  
          (a) Notification Procedures.--22    (1) Regulations.--The 
        Secretary of Transportation shall prescribe regulations setting 
        forth procedures for a railroad to immediately notify first 
        responders in communities that lie in the path of a runaway 
        train.22    (2) Time for issuance of regulations.--The 
        Secretary shall issue the final regulations under this section 
        not later than 120 days after the date of enactment of this 
        Act.22    (3) Definitions.--In this section, the term ``runaway 
        train'' means a locomotive, train, rail car, or other item of 
        railroad equipment that, at a particular moment in time, is 
        rolling on tracks outside the operations limits of a railroad 
        and is not under the control of the railroad.20    (b) Response 
        Procedures.--Not later than 60 days after the Secretary 
        prescribes the regulations under subsection (a), each railroad 
        shall submit to the Department of Transportation for the 
        Secretary's approval the procedures proposed by the railroad 
        for providing the notice described in such subsection.20    (c) 
        Reporting of Incidents Required.--The Secretary shall require 
        railroads to report to the Department of Transportation each 
        incident of a runaway train.78TITLE III--MISCELLANEOUS 
        PROVISIONS72SEC. 301. TECHNICAL AMENDMENTS REGARDING 
        ENFORCEMENT BY THE ATTORNEY GENERAL.20    Section 20112(a) is 
        amended--22    (1) by inserting ``this part, except for section 
        20109 of this title, or'' in paragraph (1) after 
        ``enforce,'';22    (2) by striking ``21301'' in paragraph (2) 
        and inserting ``21301, 21302, or 21303'';22    (3) by striking 
        ``subpena'' in paragraph (3) and inserting ``subpena, request 
        for production of documents or other tangible things, or 
        request for testimony by deposition''; and22    (4) by striking 
        ``chapter.'' in paragraph (3) and inserting ``part.''.72SEC. 
        302. TECHNICAL AMENDMENTS TO CIVIL PENALTY PROVISIONS.20    (a) 
        General Violations of Chapter 201.--Section 21301(a)(2) is 
        amended--22    (1) by striking ``$10,000.'' and inserting 
        ``$10,000 or the amount to which the stated maximum penalty is 
        adjusted if required by the Federal Civil Penalties Inflation 
        Adjustment Act of 1990 (28 U.S.C. 2461 note).''; and22    (2) 
        by striking ``$20,000.'' and inserting ``$20,000 or the amount 
        to which the stated maximum penalty is adjusted if required by 
        the Federal Civil Penalties Inflation Adjustment Act of 1990 
        (28 U.S.C. 2461 note).''.20    (b) Accident and Incident 
        Violations of Chapter 201; Violations of Chapters 203 Through 
        209.--22    (1) Section 21302(a)(2) is amended--24    (A) by 
        striking ``$10,000.'' and inserting ``$10,000 or the amount to 
        which the stated maximum penalty is adjusted if required by the 
        Federal Civil Penalties Inflation Adjustment Act of 1990 (28 
        U.S.C. 2461 note).''; and24    (B) by striking ``$20,000.'' and 
        inserting ``$20,000 or the amount to which the stated maximum 
        penalty is adjusted if required by the Federal Civil Penalties 
        Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note).''.22    
        (2) Section 21302 is amended by adding at the end the 
        following:20    ``(c) Setoff.--The Government may deduct the 
        amount of a civil penalty imposed or compromised under this 
        section from amounts it owes the person liable for the 
        penalty.20    ``(d) Deposit in Treasury.--A civil penalty 
        collected under this section shall be deposited in the Treasury 
        as miscellaneous receipts.''.20    (c) Violations of Chapter 
        211.--22    (1) Section 21303(a)(2) is amended--24    (A) by 
        striking ``$10,000.'' and inserting ``$10,000 or the amount to 
        which the stated maximum penalty is adjusted if required by the 
        Federal Civil Penalties Inflation Adjustment Act of 1990 (28 
        U.S.C. 2461 note).''; and24    (B) by striking ``$20,000.'' and 
        inserting ``$20,000 or the amount to which the stated maximum 
        penalty is adjusted if required by the Federal Civil Penalties 
        Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note).''.22    
        (2) Section 21303 is amended by adding at the end the 
        following:20    ``(d) Setoff.--The Government may deduct the 
        amount of a civil penalty imposed or compromised under this 
        section from amounts it owes the person liable for the 
        penalty.20    ``(e) Deposit in Treasury.--A civil penalty 
        collected under this section shall be deposited in the Treasury 
        as miscellaneous receipts.''.72SEC. 303. TECHNICAL AMENDMENTS 
        TO ELIMINATE UNNECESSARY PROVISIONS.20    (a) In General.--
        Chapter 201 is amended--22    (1) by striking the second 
        sentence of section 20103(f);22    (2) by striking section 
        20145; 22    (3) by striking section 20146; and 22    (4) by 
        striking section 20150.20    (b) Conforming Amendments.--The 
        chapter analysis for chapter 201 is amended by striking the 
        items relating to sections 20145, 20146, and 20150 and 
        inserting at the appropriate place in the analysis the 
        following:10621143``20145. [Repealed].

``20146. [Repealed].

``20150. [Repealed].''.

            Passed the Senate November 25, 2003.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.