[Congressional Record Volume 149, Number 174 (Tuesday, November 25, 2003)]
[Senate]
[Pages S16045-S16051]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                FEDERAL RAILROAD SAFETY IMPROVEMENT ACT

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

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

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

                                S. 1402

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

     SECTION 1. SHORT TITLE.

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

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

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

     SEC. 3. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations.

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

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

                  TITLE III--MISCELLANEOUS PROVISIONS

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

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

     SEC. 201. NATIONAL CROSSING INVENTORY.

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

     ``Sec. 20154. National crossing inventory

       ``(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

[[Page S16046]]

     crossing becomes operational, whichever occurs later, each 
     railroad carrier shall--
       ``(1) report to the Secretary of Transportation current 
     information, as specified by the Secretary, concerning each 
     previously unreported crossing through which it operates; or
       ``(2) ensure that the information has been reported to the 
     Secretary by another railroad carrier that operates through 
     the crossing.
       ``(b) Updating of Crossing Information.--(1) On a periodic 
     basis beginning not later than 18 months after the date of 
     enactment of the Federal Railroad Safety Improvement Act and 
     on or before September 30 of every third year thereafter, or 
     as otherwise specified by the Secretary, each railroad 
     carrier shall--
       ``(A) report to the Secretary current information, as 
     specified by the Secretary, concerning each crossing through 
     which it operates; or
       ``(B) ensure that the information has been reported to the 
     Secretary by another railroad carrier that operates through 
     the crossing.
       ``(2) A railroad carrier that sells a crossing on or after 
     the date of enactment of the Federal Railroad Safety 
     Improvement Act, shall, not later than the date that is 18 
     months after the date of enactment of the Act or 3 months 
     after the sale, whichever occurs later, or as otherwise 
     specified by the Secretary, report to the Secretary current 
     information, as specified by the Secretary, concerning the 
     change in ownership of the crossing.
       ``(c) Rulemaking Authority.--The Secretary shall prescribe 
     the regulations necessary to implement this section. The 
     Secretary may enforce each provision of the Federal Railroad 
     Administration's Highway-Rail Crossing Inventory Instructions 
     and Procedures Manual that is in effect on the date of 
     enactment of the Federal Railroad Safety Improvement Act, 
     until such provision is superseded by a regulation issued 
     under this section.
       ``(d) Definitions.--In this section:
       ``(1) Crossing.--The term `crossing' means a location 
     within a State, other than a location where one or more 
     railroad tracks cross one or more railroad tracks either at 
     grade or grade-separated, where--
       ``(A) a public highway, road, or street, or a private 
     roadway, including associated sidewalks and pathways, crosses 
     one or more railroad tracks either at grade or grade-
     separated; or
       ``(B) a dedicated pedestrian pathway that is not associated 
     with a public highway, road, or street, or a private roadway, 
     crosses one or more railroad tracks either at grade or grade- 
     separated.
       ``(2) State.--The term `State' means a State of the United 
     States, the District of Columbia, or Puerto Rico.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 is amended by inserting after the item relating to 
     section 20153 the following:

``20154. National crossing inventory.''.

       (c) Reporting and Updating.--Section 130 of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(k) National Crossing Inventory.--
       ``(1) Initial reporting of crossing information.--Not later 
     than 6 months after the date of enactment of the Federal 
     Railroad Safety Improvement Act or within 6 months of a new 
     crossing becoming operational, whichever occurs later, each 
     State shall report to the Secretary of Transportation current 
     information, as specified by the Secretary, concerning each 
     previously unreported crossing located within its borders.
       ``(2) Periodic updating of crossing information.--On a 
     periodic basis beginning not later than 18 months after the 
     date of enactment of the Federal Railroad Safety Improvement 
     Act and on or before September 30 of every third year 
     thereafter, or as otherwise specified by the Secretary, each 
     State shall report to the Secretary current information, as 
     specified by the Secretary, concerning each crossing located 
     within its borders.
       ``(3) Rulemaking authority.--The Secretary shall prescribe 
     the regulations necessary to implement this section. The 
     Secretary may enforce each provision of the Federal Railroad 
     Administration's Highway-Rail Crossing Inventory Instructions 
     and Procedures Manual that is in effect on the date of 
     enactment of the Federal Railroad Safety Improvement Act, 
     until such provision is superseded by a regulation issued 
     under this subsection.
       ``(4) Definitions.--In this subsection, the terms 
     `crossing' and `State' have the meaning given those terms by 
     section 20154(d)(1) and (2), respectively, of title 49.''.
       (d) Civil Penalties.--
       (1) Section 21301(a)(1) is amended--
       (A) by inserting ``with section 20154 or '' after 
     ``comply'' in the first sentence; and
       (B) by inserting ``section 20154 of this title or'' after 
     ``violating'' in the second sentence.
       (2) Section 21301(a)(2) is amended by inserting ``The 
     Secretary shall impose a civil penalty for a violation of 
     section 20154 of this title.'' after the first sentence.

     SEC. 202. GRADE CROSSING ELIMINATION AND CONSOLIDATION.

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

     SEC. 203. MODEL LEGISLATION FOR DRIVER BEHAVIOR.

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

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

       (2) by striking ``safety,'' in subsection (a) and inserting 
     ``safety and violations of highway-rail grade crossing 
     signals,'';
       (3) by striking the second sentence of subsection (a) and 
     inserting ``The evaluation and review shall be completed not 
     later than 1 year after the date of enactment of the Federal 
     Railroad Safety Improvement Act.''; and
       (4) by striking ``Model Legislation.--Within 18 months 
     after November 2, 1994, the'' in subsection (c) and inserting 
     ``Legislation for Vandalism and Trespassing Penalties.--
     The''; and
       (5) by adding at the end the following:
       ``(d) Model Legislation for Grade-Crossing Violations.--
     Within 2 years after the date of the enactment of the Federal 
     Railroad Safety Improvement Act, the Secretary, after 
     consultation with State and local governments and railroad 
     carriers, shall develop and make available to State and local 
     governments model State legislation providing for civil or 
     criminal penalties, or both, for violations of highway-rail 
     grade crossing signals.
       ``(e) Violation Defined.--In this section, the term 
     `violation of highway-rail grade crossing signals' 
     includes any action by a motorist, unless directed by an 
     authorized safety officer--
       ``(1) to drive around or through a grade crossing gate in a 
     position intended to block passage over railroad tracks;
       ``(2) to drive through a flashing grade crossing signal;
       ``(3) to drive through a grade crossing with passive 
     warning signs without determining that the grade crossing 
     could be safely crossed before any train arrived; and
       ``(4) in the vicinity of a grade crossing, that creates a 
     hazard of an accident involving injury or property damage at 
     the grade crossing.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 is amended by striking the item relating to section 20151 
     and inserting the following:

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

     SEC. 204. OPERATION LIFESAVER.

       Section 20117(e) is amended to read as follows:
       ``(e) Operation Lifesaver.--In addition to amounts 
     otherwise authorized by law, from the amounts authorized to 
     be appropriated under subsection (a), there shall be 
     available

[[Page S16047]]

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

     SEC. 205. TRANSPORTATION SECURITY.

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

     SEC. 206. RAILROAD ACCIDENT AND INCIDENT REPORTING.

       Section 20901(a) is amended to read as follows:
       ``(a) General Requirements.--On a periodic basis specified 
     by the Secretary of Transportation but not less frequently 
     than quarterly, a railroad carrier shall file a report with 
     the Secretary on all accidents and incidents resulting in 
     injury or death to an individual or damage to equipment or a 
     roadbed arising from the carrier's operations during the 
     specified period. The report shall state the nature, cause, 
     and circumstances of each reported accident or incident. If a 
     railroad carrier assigns human error as a cause, the report 
     shall include, at the option of each employee whose error is 
     alleged, a statement by the employee explaining any factors 
     the employee alleges contributed to the accident or 
     incident.''.

     SEC. 207. RAILROAD RADIO MONITORING AUTHORITY.

       Section 20107 is amended by inserting at the end the 
     following:
       ``(c) Railroad Radio Communications.--
       ``(1) In general.--To carry out the Secretary's 
     responsibilities under this part and under chapter 51, the 
     Secretary may authorize officers, employees, or agents of the 
     Secretary to conduct the following activities at reasonable 
     times:
       ``(A) Intercepting a radio communication that is broadcast 
     or transmitted over a frequency authorized for the use of one 
     or more railroad carriers by the Federal Communications 
     Commission, with or without making their presence known to 
     the sender or other receivers of the communication and with 
     or without obtaining the consent of the sender or other 
     receivers of the communication.
       ``(B) Communicating the existence, contents, substance, 
     purport, effect, or meaning of the communication, subject to 
     the restrictions in paragraph (3).
       ``(C) Receiving or assisting in receiving the communication 
     (or any information therein contained).
       ``(D) Disclosing the contents, substance, purport, effect, 
     or meaning of the communication (or any part thereof of such 
     communication) or using the communication (or any information 
     contained therein), subject to the restrictions in paragraph 
     (3), after having received the communication or acquired 
     knowledge of the contents, substance, purport, effect, or 
     meaning of the communication (or any part thereof).
       ``(E) Recording the communication by any means, including 
     writing and tape recording.
       ``(2) Limitation.--The Secretary, and officers, employees, 
     and agents of the Department of Transportation authorized by 
     the Secretary may engage in the activities authorized by 
     paragraph (1) for the purpose of accident prevention, 
     including, but not limited to, accident investigation.
       ``(3) Use of information.--
       ``(A) Except as provided in subparagraph (F), information 
     obtained through activities authorized by paragraphs (1) and 
     (2) shall not be admitted into evidence in any administrative 
     or judicial proceeding except to impeach evidence offered by 
     a party other than the Federal Government regarding the 
     existence, electronic characteristics, content, substance, 
     purport, effect, meaning, or timing of, or identity of 
     parties to, a communication intercepted pursuant to 
     paragraphs (1) and (2) in proceedings pursuant to sections 
     5122, 20702(b), 20111, 20112, 20113, or 20114 of this title.
       ``(B) If information obtained through activities set forth 
     in paragraphs (1) and (2) is admitted into evidence for 
     impeachment purposes in accordance with subparagraph (A), the 
     court, administrative law judge, or other officer before 
     whom the proceeding is conducted may make such protective 
     orders regarding the confidentiality or use of the 
     information as may be appropriate in the circumstances to 
     protect privacy and administer justice.
       ``(C) Information obtained through activities set forth in 
     paragraphs (1) and (2) shall not be subject to publication or 
     disclosure, or search or review in connection therewith, 
     under section 552 of title 5.
       ``(D) No evidence shall be excluded in an administrative or 
     judicial proceeding solely because the government would not 
     have learned of the existence of or obtained such evidence 
     but for the interception of information that is not 
     admissible in such proceeding under subparagraph (A).
       ``(E) Nothing in this subsection shall be construed to 
     impair or otherwise affect the authority of the United States 
     to intercept a communication, and collect, retain, analyze, 
     use, and disseminate the information obtained thereby, under 
     a provision of law other than this subsection.
       ``(F) No information obtained by an activity authorized by 
     paragraph (1)(A) that was undertaken solely for the purpose 
     of accident investigation may be introduced into evidence in 
     any administrative or judicial proceeding in which civil or 
     criminal penalties may be imposed.
       ``(4) Application with other law.--Section 705 of the 
     Communications Act of 1934 (47 U.S.C. 605) and chapter 119 of 
     title 18 shall not apply to conduct authorized by and 
     pursuant to this subsection.
       ``(d) Reasonable Time Defined.--In this section, the term 
     `at reasonable times' means at any time that the railroad 
     carrier being inspected or investigated is performing its 
     rail transportation business.''.

     SEC. 208. RECOMMENDATIONS ON FATIGUE MANAGEMENT.

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

     SEC. 209. POSITIVE TRAIN CONTROL.

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

     SEC. 210. POSITIVE TRAIN CONTROL IMPLEMENTATION.

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

     SEC. 211. SURVEY OF RAIL BRIDGE STRUCTURES.

       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

[[Page S16048]]

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

     SEC. 212. RAILROAD POLICE.

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

     SEC. 213. FEDERAL RAILROAD ADMINISTRATION EMPLOYEE TRAINING.

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

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

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

     SEC. 215. RUNAWAY TRAINS EMERGENCY RESPONSE.

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

                  TITLE III--MISCELLANEOUS PROVISIONS

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

       Section 20112(a) is amended--
       (1) by inserting ``this part, except for section 20109 of 
     this title, or'' in paragraph (1) after ``enforce,'';
       (2) by striking ``21301'' in paragraph (2) and inserting 
     ``21301, 21302, or 21303'';
       (3) by striking ``subpena'' in paragraph (3) and inserting 
     ``subpena, request for production of documents or other 
     tangible things, or request for testimony by deposition''; 
     and
       (4) by striking ``chapter.'' in paragraph (3) and inserting 
     ``part.''.

     SEC. 302. TECHNICAL AMENDMENTS TO CIVIL PENALTY PROVISIONS.

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

     SEC. 303. TECHNICAL AMENDMENTS TO ELIMINATE UNNECESSARY 
                   PROVISIONS.

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

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

                                S. 1402

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

     SECTION 1. SHORT TITLE.

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

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

       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;

[[Page S16049]]

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

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

     SEC. 201. NATIONAL CROSSING INVENTORY.

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

     ``Sec. 20154. National crossing inventory

       ``(a) Initial Reporting of Information About Previously 
     Unreported Crossings.--Not later than 6 months after the date 
     of enactment of the Federal Railroad Safety Improvement Act 
     or 6 months after a new crossing becomes operational, 
     whichever occurs later, each railroad carrier shall--
       ``(1) report to the Secretary of Transportation current 
     information, as specified by the Secretary, concerning each 
     previously unreported crossing through which it operates; or
       ``(2) ensure that the information has been reported to the 
     Secretary by another railroad carrier that operates through 
     the crossing.
       ``(b) Updating of Crossing Information.--(1) On a periodic 
     basis beginning not later than 18 months after the date of 
     enactment of the Federal Railroad Safety Improvement Act and 
     on or before September 30 of every third year thereafter, or 
     as otherwise specified by the Secretary, each railroad 
     carrier shall--
       ``(A) report to the Secretary current information, as 
     specified by the Secretary, concerning each crossing through 
     which it operates; or
       ``(B) ensure that the information has been reported to the 
     Secretary by another railroad carrier that operates through 
     the crossing.
       ``(2) A railroad carrier that sells a crossing on or after 
     the date of enactment of the Federal Railroad Safety 
     Improvement Act, shall, not later than the date that is 18 
     months after the date of enactment of the Act or 3 months 
     after the sale, whichever occurs later, or as otherwise 
     specified by the Secretary, report to the Secretary current 
     information, as specified by the Secretary, concerning the 
     change in ownership of the crossing.
       ``(c) Rulemaking Authority.--The Secretary shall prescribe 
     the regulations necessary to implement this section. The 
     Secretary may enforce each provision of the Federal Railroad 
     Administration's Highway-Rail Crossing Inventory Instructions 
     and Procedures Manual that is in effect on the date of 
     enactment of the Federal Railroad Safety Improvement Act, 
     until such provision is superseded by a regulation issued 
     under this section.
       ``(d) Definitions.--In this section:
       ``(1) Crossing.--The term `crossing' means a location 
     within a State, other than a location where one or more 
     railroad tracks cross one or more railroad tracks either at 
     grade or grade-separated, where--
       ``(A) a public highway, road, or street, or a private 
     roadway, including associated sidewalks and pathways, crosses 
     one or more railroad tracks either at grade or grade-
     separated; or
       ``(B) a dedicated pedestrian pathway that is not associated 
     with a public highway, road, or street, or a private roadway, 
     crosses one or more railroad tracks either at grade or grade-
     separated.
       ``(2) State.--The term `State' means a State of the United 
     States, the District of Columbia, or Puerto Rico.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 is amended by inserting after the item relating to 
     section 20153 the following:

``20154. National crossing inventory.''.
       (c) Reporting and Updating.--Section 130 of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(k) National Crossing Inventory.--
       ``(1) Initial reporting of crossing information.--Not later 
     than 6 months after the date of enactment of the Federal 
     Railroad Safety Improvement Act or within 6 months of a new 
     crossing becoming operational, whichever occurs later, each 
     State shall report to the Secretary of Transportation current 
     information, as specified by the Secretary, concerning each 
     previously unreported crossing located within its borders.
       ``(2) Periodic updating of crossing information.--On a 
     periodic basis beginning not later than 18 months after the 
     date of enactment of the Federal Railroad Safety Improvement 
     Act and on or before September 30 of every third year 
     thereafter, or as otherwise specified by the Secretary, each 
     State shall report to the Secretary current information, as 
     specified by the Secretary, concerning each crossing located 
     within its borders.
       ``(3) Rulemaking authority.--The Secretary shall prescribe 
     the regulations necessary to implement this section. The 
     Secretary may enforce each provision of the Federal Railroad 
     Administration's Highway-Rail Crossing Inventory Instructions 
     and Procedures Manual that is in effect on the date of 
     enactment of the Federal Railroad Safety Improvement Act, 
     until such provision is superseded by a regulation issued 
     under this subsection.
       ``(4) Definitions.--In this subsection, the terms 
     `crossing' and `State' have the meaning given those terms by 
     section 20154(d)(1) and (2), respectively, of title 49.''.
       (d) Civil Penalties.--
       (1) Section 21301(a)(1) is amended--
       (A) by inserting ``with section 20154 or '' after 
     ``comply'' in the first sentence; and
       (B) by inserting ``section 20154 of this title or'' after 
     ``violating'' in the second sentence.
       (2) Section 21301(a)(2) is amended by inserting ``The 
     Secretary shall impose a civil penalty for a violation of 
     section 20154 of this title.'' after the first sentence.

     SEC. 202. GRADE CROSSING ELIMINATION AND CONSOLIDATION.

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

     SEC. 203. MODEL LEGISLATION FOR DRIVER BEHAVIOR.

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

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

       (2) by striking ``safety,'' in subsection (a) and inserting 
     ``safety and violations of highway-rail grade crossing 
     signals,'';
       (3) by striking the second sentence of subsection (a) and 
     inserting ``The evaluation and review shall be completed not 
     later than 1 year after the date of enactment of the Federal 
     Railroad Safety Improvement Act.''; and
       (4) by striking ``Model Legislation.--Within 18 months 
     after November 2, 1994, the'' in subsection (c) and inserting 
     ``Legislation for Vandalism and Trespassing Penalties.--
     The''; and
       (5) by adding at the end the following:
       ``(d) Model Legislation for Grade-Crossing Violations.--
     Within 2 years after the date of the enactment of the Federal 
     Railroad Safety Improvement Act, the Secretary, after 
     consultation with State and local governments and railroad 
     carriers, shall develop and make available to State and local 
     governments model State legislation providing for civil or 
     criminal penalties, or both, for violations of highway-rail 
     grade crossing signals.
       ``(e) Violation Defined.--In this section, the term 
     `violation of highway-rail grade crossing signals' includes 
     any action by a motorist, unless directed by an authorized 
     safety officer--
       ``(1) to drive around or through a grade crossing gate in a 
     position intended to block passage over railroad tracks;
       ``(2) to drive through a flashing grade crossing signal;
       ``(3) to drive through a grade crossing with passive 
     warning signs without determining that the grade crossing 
     could be safely crossed before any train arrived; and

[[Page S16050]]

       ``(4) in the vicinity of a grade crossing, that creates a 
     hazard of an accident involving injury or property damage at 
     the grade crossing.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 is amended by striking the item relating to section 20151 
     and inserting the following:

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

     SEC. 204. OPERATION LIFESAVER.

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

     SEC. 205. TRANSPORTATION SECURITY.

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

     SEC. 206. RAILROAD ACCIDENT AND INCIDENT REPORTING.

       Section 20901(a) is amended to read as follows:
       ``(a) General Requirements.--On a periodic basis specified 
     by the Secretary of Transportation but not less frequently 
     than quarterly, a railroad carrier shall file a report with 
     the Secretary on all accidents and incidents resulting in 
     injury or death to an individual or damage to equipment or a 
     roadbed arising from the carrier's operations during the 
     specified period. The report shall state the nature, cause, 
     and circumstances of each reported accident or incident. If a 
     railroad carrier assigns human error as a cause, the report 
     shall include, at the option of each employee whose error is 
     alleged, a statement by the employee explaining any factors 
     the employee alleges contributed to the accident or 
     incident.''.

     SEC. 207. RAILROAD RADIO MONITORING AUTHORITY.

       Section 20107 is amended by inserting at the end the 
     following:
       ``(c) Railroad Radio Communications.--
       ``(1) In general.--To carry out the Secretary's 
     responsibilities under this part and under chapter 51, the 
     Secretary may authorize officers, employees, or agents of the 
     Secretary to conduct the following activities at reasonable 
     times:
       ``(A) Intercepting a radio communication that is broadcast 
     or transmitted over a frequency authorized for the use of one 
     or more railroad carriers by the Federal Communications 
     Commission, with or without making their presence known to 
     the sender or other receivers of the communication and with 
     or without obtaining the consent of the sender or other 
     receivers of the communication.
       ``(B) Communicating the existence, contents, substance, 
     purport, effect, or meaning of the communication, subject to 
     the restrictions in paragraph (3).
       ``(C) Receiving or assisting in receiving the communication 
     (or any information therein contained).
       ``(D) Disclosing the contents, substance, purport, effect, 
     or meaning of the communication (or any part thereof of such 
     communication) or using the communication (or any information 
     contained therein), subject to the restrictions in paragraph 
     (3), after having received the communication or acquired 
     knowledge of the contents, substance, purport, effect, or 
     meaning of the communication (or any part thereof).
       ``(E) Recording the communication by any means, including 
     writing and tape recording.
       ``(2) Limitation.--The Secretary, and officers, employees, 
     and agents of the Department of Transportation authorized by 
     the Secretary may engage in the activities authorized by 
     paragraph (1) for the purpose of accident prevention, 
     including, but not limited to, accident investigation.
       ``(3) Use of information.--
       ``(A) Except as provided in subparagraph (F), information 
     obtained through activities authorized by paragraphs (1) and 
     (2) shall not be admitted into evidence in any administrative 
     or judicial proceeding except to impeach evidence offered by 
     a party other than the Federal Government regarding the 
     existence, electronic characteristics, content, substance, 
     purport, effect, meaning, or timing of, or identity of 
     parties to, a communication intercepted pursuant to 
     paragraphs (1) and (2) in proceedings pursuant to sections 
     5122, 20702(b), 20111, 20112, 20113, or 20114 of this title.
       ``(B) If information obtained through activities set forth 
     in paragraphs (1) and (2) is admitted into evidence for 
     impeachment purposes in accordance with subparagraph (A), the 
     court, administrative law judge, or other officer before whom 
     the proceeding is conducted may make such protective orders 
     regarding the confidentiality or use of the information as 
     may be appropriate in the circumstances to protect privacy 
     and administer justice.
       ``(C) Information obtained through activities set forth in 
     paragraphs (1) and (2) shall not be subject to publication or 
     disclosure, or search or review in connection therewith, 
     under section 552 of title 5.
       ``(D) No evidence shall be excluded in an administrative or 
     judicial proceeding solely because the government would not 
     have learned of the existence of or obtained such evidence 
     but for the interception of information that is not 
     admissible in such proceeding under subparagraph (A).
       ``(E) Nothing in this subsection shall be construed to 
     impair or otherwise affect the authority of the United States 
     to intercept a communication, and collect, retain, analyze, 
     use, and disseminate the information obtained thereby, under 
     a provision of law other than this subsection.
       ``(F) No information obtained by an activity authorized by 
     paragraph (1)(A) that was undertaken solely for the purpose 
     of accident investigation may be introduced into evidence in 
     any administrative or judicial proceeding in which civil or 
     criminal penalties may be imposed.
       ``(4) Application with other law.--Section 705 of the 
     Communications Act of 1934 (47 U.S.C. 605) and chapter 119 of 
     title 18 shall not apply to conduct authorized by and 
     pursuant to this subsection.
       ``(d) Reasonable Time Defined.--In this section, the term 
     `at reasonable times' means at any time that the railroad 
     carrier being inspected or investigated is performing its 
     rail transportation business.''.

     SEC. 208. RECOMMENDATIONS ON FATIGUE MANAGEMENT.

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

     SEC. 209. POSITIVE TRAIN CONTROL.

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

     SEC. 210. POSITIVE TRAIN CONTROL IMPLEMENTATION.

       (a) Report on Pilot Projects.--Within 3 months after 
     completion of the North American Joint Positive Train Control 
     Project, the Secretary of Transportation shall submit a 
     report on the progress of on-going and completed projects to 
     implement positive train control technology or other safety 
     technologies that provide similar safety benefits to the 
     Senate Committee on Commerce, Science, and Transportation and 
     to the House Committee on Transportation and Infrastructure. 
     The report shall include recommendations for future projects 
     and any legislative or other changes the Secretary deems 
     necessary.
       (b) Authorization of Appropriations.--The Secretary shall 
     establish a grant program with a 50 percent match requirement

[[Page S16051]]

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

     SEC. 211. SURVEY OF RAIL BRIDGE STRUCTURES.

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

     SEC. 212. RAILROAD POLICE.

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

     SEC. 213. FEDERAL RAILROAD ADMINISTRATION EMPLOYEE TRAINING.

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

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

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

     SEC. 215. RUNAWAY TRAINS EMERGENCY RESPONSE.

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

                  TITLE III--MISCELLANEOUS PROVISIONS

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

       Section 20112(a) is amended--
       (1) by inserting ``this part, except for section 20109 of 
     this title, or'' in paragraph (1) after ``enforce,'';
       (2) by striking ``21301'' in paragraph (2) and inserting 
     ``21301, 21302, or 21303'';
       (3) by striking ``subpena'' in paragraph (3) and inserting 
     ``subpena, request for production of documents or other 
     tangible things, or request for testimony by deposition''; 
     and
       (4) by striking ``chapter.'' in paragraph (3) and inserting 
     ``part.''.

     SEC. 302. TECHNICAL AMENDMENTS TO CIVIL PENALTY PROVISIONS.

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

     SEC. 303. TECHNICAL AMENDMENTS TO ELIMINATE UNNECESSARY 
                   PROVISIONS.

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

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

                          ____________________