[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[Senate]
[Pages 17800-17809]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DeWINE (for himself, Mr. Levin, Mr. Voinovich, Ms. 
        Stabenow, Mr. Coleman, Mr. Durbin, Mrs. Clinton, and Mr. 
        Schumer):
  S. 1398. A bill to provide for the environmental restoration of the 
Great Lakes; to the Committee on Environment and Public Works.
  Mr. DeWINE. Mr. President, I am proud to join my fellow Great Lakes 
Task Force chair, Senator Carl Levin, in introducing today the Great 
Lakes Environmental Restoration Act. I would like to thank our Senate 
cosponsors--Senators Voinovich, Stabenow, Coleman, Durbin, Schumer, and 
Clinton--for supporting this legislative effort.
  The Great Lakes hold one-fifth of the world's surface freshwater, 
hold an estimated six quadrillion gallons of water, cover more than 
94,000 square miles, and drain more than twice as much land. The Great 
Lakes ecosystem includes such diverse elements as northern evergreen 
forests, deciduous forests, lake plain prairies, and coastal wetlands. 
Over thirty of the basin's biological communities--and over 100 
species--are globally rare or found only in the Great Lakes Basin. The 
637 State parks in the region accommodate more than 250 million 
visitors each year. And, the Great Lakes Basin is home to more than 33 
million people--that is one-tenth of our entire U.S. population.
  The eight Great Lakes States comprise more than one-third of the 
national manufacturing output, and the lakes represent a critical 
shipping land

[[Page 17801]]

for these States' manufactured goods and other natural resources. 
Ohio's nine ports on Lake Erie annually handle 70 million tons of 
cargo--that is almost seven tons of cargo for every Ohio resident, with 
a total value of over $1.5 billion.
  My colleagues in Congress and I understand the value of the Great 
Lakes as a natural resource to the region, and we have been making 
progress in improving the overall quality of the lakes. Over the last 
few years, I have worked to secure $34 million for Ohio and the Great 
Lakes States to expand public access to the lakes. And now, I am 
working to address invasive species through the National Invasive 
Species Council Act, which I introduced, and the National Aquatic 
Invasive Species Act, which I cosponsored. Senator Levin and I have 
worked together as cochairs of the Great Lakes Task Force since 2000.
  We have fought to secure needed Great Lakes funding for the NOAA 
water level gauges, the replacement ice-breaking vessel, the Mackinaw, 
and sea lamprey control money for the Great Lakes Fishery Commission. 
We both met with the U.S. Trade Representative in an effort to prevent 
water from the Great Lakes from being diverted abroad. And, we also 
worked together to authorize the Great Lakes Basin Soil Erosion and 
Sediment Control Program in the 2002 farm bill. Last fall, we passed 
the Great Lakes Legacy Act, which provides up to $50 million per year 
to the EPA to clean up contaminated sediments at Areas of Concern. The 
President provided $15 million in his fiscal year 2004 budget to get 
this program started.
  These steps, in conjunction with the efforts by our States, are 
positive, but unfortunately--based on the Federal Government's current 
level of funding--we are not able to keep pace with the problems facing 
the Great Lakes. An April 2003 GAO report found that the Federal 
Government has spent about $745 million over the last 10 years on Great 
Lakes restoration programs. Now, consider the fact that the GAO 
reported that the eight Great Lakes States spent $956 million during 
that same 10-year period. The Federal Government is simply not spending 
enough to protect and improve the Great Lakes--one-fifth of the world's 
freshwater.
  There is ample evidence to show that this current level of commitment 
is simply not enough. In 2001, there were nearly 600 beach closings as 
a result of E. coli bacteria, and State and local health authorities 
issued approximately 1,400 fish consumption advisories in the Great 
Lakes. In the years since the United States and Canada signed the Water 
Quality Agreement and agreed to give priority attention to the 43 
designated Areas of Concern, the United States has not been able to 
remove any of the U.S. sites from the list of Areas of Concern.
  For several years, I have been calling for a plan to restore the 
lakes and have been urging the Governors, mayors, the environmental 
community and other regional interests to agree on a vision for the 
future of the Great Lakes--not just the immediate future, but many 
years down the road. I have said that we must work together as partners 
to create and implement a long-term strategy on how we are going to 
restore and protect the lakes and that it is time for us to come 
together and develop a plan and put it in place.
  This bill would build upon the efforts by the Great Lakes States, 
which have convened a Working Group to establish their Great Lakes 
goals and priorities. Many of our regional interest groups and agencies 
have prepared strategic plans and priorities. And, we have brought in 
the President's Council on Environmental Quality so that the President 
will better understand the value of a long-term plan for the Great 
Lakes. I can't emphasize how important it is to have all of these 
interests working toward the same goal.
  A Great Lakes restoration program must be an equal partnership 
between the local, State, and Federal Governments and other interested 
citizens and organizations. I believe that this legislation would 
provide the tools needed for the long-term future of the Great Lakes. 
First, this legislation creates a $6 billion Great Lakes restoration 
grant program to augment existing Federal and State efforts to cleanup, 
protect, and restore the Great Lakes. In the April 2003 GAO report, the 
GAO reported that insufficient funding is often cited as a limitation 
to restoration efforts. Therefore, an additional $600 million in annual 
funding would be appropriated through the EPA's Great Lakes National 
Program Office, and the Program Office would provide grants to the 
Great Lakes States, Municipalities, and other applicants in 
coordination with the Great Lakes Environmental Restoration Advisory 
Board. This funding would provide the extra resources that existing 
programs do not have.
  While the Great lakes are a national and international resource, I 
believe that the region, not the bureaucrats in Washington, needs to be 
setting its priorities and guiding the future efforts on the lakes. 
This bill would require very close coordination between the EPA and the 
State and regional interests before grants are released. The Great 
Lakes Environmental Restoration Advisory Board, led by the Great Lakes 
Governors, would include mayors, Federal agencies, Native American 
tribes, environmentalists, industry representatives, and Canadian 
observers. This advisory board, which would include all of the 
interests in the Great Lakes, would provide priorities on restoration 
issues, such as invasive species control and prevention, wetlands 
restoration, contaminated sediments cleanup, and water quality 
improvements. Additionally, this advisory board would provide 
recommendations on which grant applications to fund. Ultimately, the 
input from the advisory board would mean that the region would be 
involved in determining the long-term future of the Great Lakes.
  As the April 2003 GAO study reported, environmental restoration 
activities in the Great Lakes are uncoordinated. So, the second goal of 
this legislation is the establishment of a Great Lakes Federal 
coordinating council to coordinate Federal activities in the Great 
Lakes. The EPA's Great Lakes National Program Office would serve as the 
council leader, and participants would include the key Federal agencies 
involved in Great Lakes work, such as NOAA, the Army Corps of 
Engineers, the Department of Agriculture, and the Department of 
Interior. The council would meet at least three times per year to 
ensure that the efforts of Federal agencies concerning environmental 
restoration and protection of the Great Lakes are coordinated, 
effective, complementary, and cost-efficient. The council also would 
provide a list of its funding priorities to the Office of Management 
and Budget.
  Finally, our bill would address the GAO's second recent finding that 
environmental indicators and a monitoring system for the Great Lakes 
need to be developed to measure progress on new and existing 
restoration programs.
  The Great Lakes are threatened by many problems, and I have worked 
with Senator Levin and my other colleagues from the Great Lakes states 
to try to address those problems on an issue-by-issue basis. These 
programs are working to correct problems. However, the rate of our 
progress has not been able to keep pace with the growing number of 
threats. For those of my colleagues who know the problems facing Great 
Lakes and even other large watersheds like the Chesapeake Bay, the gulf 
coast, or the Everglades, you will agree that we need to refocus and 
improve our efforts on the Great Lakes to help reverse the trend toward 
additional degradation.
  The Great Lakes are a unique natural resource for Ohio and the entire 
region, and they need to be protected for future generations. I ask my 
colleagues to join me in support of this bill and in our efforts to 
help preserve and protect the long-term viability of our Great Lakes.
  Mr. LEVIN. Mr. President, I am pleased to introduce the ``Great Lakes 
Environmental Restoration Act'' with Senator DeWine and our other bill 
sponsors. I also want to thank Representatives Emanuel and Reynolds and 
the rest of the House members who are introducing similar Great Lakes

[[Page 17802]]

restoration legislation over in the House today.
  Many of my colleagues are aware of the importance of the Great Lakes 
to the eight States which border them. The lakes provide our drinking 
water, they provide our largest recreational resource, they are 
tremendously important to our economy, and they impact our quality of 
life. Over time, we have seen numerous changes in the lakes from water 
levels to fish populations to water quality. Some of these changes are 
part of a natural cycle, but many of these changes are the direct 
result of management policies. For example, the Great Lakes Fishery 
Commission and its partners have been able to reduce sea lamprey 
populations by 90 percent. The lake sturgeon appear to be improving as 
a result of the efforts by Federal and State managers, fishermen, and 
other water users. As of April 2002, approximately 84 percent of high-
level PCB wastes had been destroyed, up from approximately 40 percent 
in spring 1998. And the first U.S. Area of Concern--Presque Isle Bay, 
PA--has been upgraded to a ``recovery area.'' While the Great Lakes 
have made strides in recovering after the environmental protections 
were put in place in the early 70s, there has been very slow progress 
in the last 10-15 years because the Federal commitment has not kept up 
with the needs of the Great Lakes.
  This legislation that we are introducing today will provide the 
Federal commitment of funding and resources to keep pace with the 
restoration needs of the Great Lakes.
  The Great Lakes face problems like beach closings, contaminated 
sediments, and invasive species, and the Federal Government needs to 
``jump start'' our restoration efforts in the Great Lakes. I believe 
that with the help of the governors, the mayors, the wide array of 
nongovernmental organizations, and other interested parties, this 
legislation would provide some of the resources needed to keep pace 
with needs of the lakes.
  In April, the GAO completed its study on Great Lakes Restoration 
efforts, and they reported that while there were many on-going 
restoration efforts from dozens of Federal and State Great Lakes 
programs, there was no over-arching, coordinated plan for the Great 
Lakes. GAO also reported that an environmental indicators and 
monitoring system needed to be developed in order to measure overall 
restoration progress. The report emphasizes that limited Great Lakes 
funding has always been a problem.
  The legislation we are introducing today has three components to 
address the problems outlined by the April 2003 GAO report. First, the 
legislation authorizes $600 million in annual funding for the EPA's 
Great Lakes National Program Office to provide grants to the Great 
Lakes States, municipalities and other applicants based on the 
recommendations and priorities of a Great Lakes Environmental 
Restoration Advisory Board. These grants will require a 20 percent 
funding commitment from the region, and every State will receive at 
least 6 percent of the total amount of funding available for the year. 
The Great Lakes Environmental Restoration Advisory Board will be led by 
the Great Lakes governors, but it will include views of a whole range 
of people interested in the Great Lakes such as mayors, Federal 
agencies, Native American tribes, environmentalists, industry 
representatives, and Canadian observers. This Advisory Board will 
provide priorities on restoration issues such as invasive species 
control and prevention, wetlands restoration, contaminated sediments 
cleanup, and water quality improvements. By providing grant priorities, 
the region will shape the future of the Great Lakes.
  Second, this legislation establishes a Great Lakes Federal 
Coordinating Council in order to coordinate Federal activities in the 
Great Lakes. According to the GAO study, environmental restoration 
activities in the Great Lakes are uncoordinated. EPAs Great Lakes 
National Program Office is equipped to serve as the Council leader, and 
Federal participants include NOAA, the Army Corps of Engineers, the 
Department of State, the Department of Health and Human Services, the 
Department of Agriculture and the Department of Interior. The Council 
would meet at least three times per year to ensure that the efforts of 
Federal agencies concerning environmental restoration and protection of 
the Great Lakes are coordinated, effective, complementary, and cost-
efficient. The Council would also provide a list of its funding 
priorities to the Office of Management and Budget.
  Third, this bill gives the Great Lakes National Program Office the 
mandate to work with other Federal agencies and Canada to identify and 
measure water quality and other environmental factors on a regular 
basis. The initial set of data collected through this network will 
serve as a benchmark against which to measure future improvements. 
Those measurements will help us make decisions on how to steer future 
restoration efforts. With a clearer picture of how the Great Lakes are 
changing, we can change course when needed and spend public funds on 
the most pressing demands. This provision will address GAO's finding 
that there is no data collected regularly throughout the Great Lakes, 
and that the existing data are inadequate to determine whether water 
quality and other environmental conditions are improving.
  The Great Lakes are a unique and valuable resource, and we cannot 
afford to continuously underfund their protection. Congress must act to 
enhance their restoration and protection. As the current caretakers and 
beneficiaries, we owe nothing less to the region and the American 
people.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mr. Kerry, Mr. McCain, Mr. Hollings, 
        Mr. Inouye, and Mr. Breaux:)
  S. 1400. A bill to develop a system that provides for ocean and 
coastal observations, to implement a research and development program 
to enhance security at United States ports, to implement a data and 
information system required by all components of an integrated ocean 
observing system and related research, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise today to introduce the Ocean and 
Coastal Observation Systems Act of 2003. This bill would help develop 
and formalize an integrated network of ocean observing systems around 
our Nation's coastlines, thereby fulfilling a critical information need 
that is essential in marine science, resource management, and maritime 
transportation and safety.
  Like other coastal States, Maine has a strong and deep connection to 
our coastline and oceans. We are highly dependent on the fisheries 
resources and other essential services provided to us by the sea, and 
we understand that our lives and livelihoods are firmly rooted in how 
well we understand and adapt to ocean conditions. While we are able to 
predict tides and other cyclical changes with some accuracy, our best 
knowledge of the ocean has basically come through direct experience out 
on the water in often dangerous conditions--until recently.
  In 2001, a new era in ocean and coastal observing began when the Gulf 
of Maine Ocean Observing System, or GoMOOS, deployed ten observation 
buoys in the Gulf of Maine. This prototype system has transformed how 
we gather information about the ocean and track ocean conditions over 
time. On the surface, these buoys take measurements of wind speed, wave 
height, temperature, and--for the first time--fog. Under the water's 
surface, these buoys measure currents, temperature, salinity, 
turbidity, dissolved oxygen, and other key environmental variables. By 
modifying the instrumentation, other data can be gathered from these 
platforms.
  Scientists and seafarers have been gathering this kind of information 
for decades. What sets the GoMOOS observation buoy system apart from 
the traditional data gathering approach, however, is that it takes all 
these ocean and surface condition measurements on an hourly basis 
through a network of linked buoys, and these real-time measurements can 
be monitored and accessed by the general public through the internet. 
Not only do the Gulf of

[[Page 17803]]

Maine buoys gather more data on more variables, but the unprecedented 
geographical distribution and greater frequency of these measurements 
has increased the range and timeliness of our ocean knowledge. By 
linking this comprehensive information with other data gathering 
systems and making it accessible via the internet, GoMOOS provides a 
tremendous public service and fills a critical information need in 
coastal regions.
  The need for this type of access to ocean information is not limited 
to the Gulf of Maine. The U.S. coastline spans 95,000 miles, and all 
States that border our oceans and Great Lakes can and will benefit from 
this type of service. Ocean and coastal observing systems have been 
planned or developed for other coastal regions, many in conjunction 
with the National Oceanic and Atmospheric Administration, state coastal 
management agencies, universities, and other regional partners. As 
these systems evolve, they develop different approaches for collecting, 
managing, processing, and communicating data through their network. As 
is often the case, however, data from these regional systems are 
incompatible with data from other regions. When this occurs, we lose a 
valuable opportunity to link these systems and develop a comprehensive 
picture of coastal and ocean conditions around the Nation.
  The Ocean and Coastal Observation Systems Act seeks to solve this 
problem by coordinating and institutionalizing ocean and coastal 
observation efforts with the support of the Federal Government. This 
Act would promote the ongoing development of these regional systems, 
link them through a network of compatible data systems, and provide a 
system which anyone could access to better understand and track 
regional and national ocean and coastal conditions. It would call on 
the National Ocean Research Leadership Council to design, operate, and 
improve a nation-wide ocean and coastal observation system, and to 
coordinate and administer an ocean data research and development 
program. This Council would plan these activities through a 
collaborative interagency planning office and carry them out through a 
joint operations center, led by the National Oceanic and Atmospheric 
Administration.
  The American public--over half of which lives along our coastlines--
will be very well served through the many uses and applications of this 
system. Fisheries scientists and managers can use this information to 
predict ocean conditions related to productivity and incorporate this 
information into their management system. Fishermen, sailors, Coast 
Guard search-and-rescue units, the military, and others who venture out 
on the ocean can better predict sea conditions to know when and where 
to go out safely, and shippers can transport goods more efficiently. 
Ocean scientists and regulators can better understand, predict, and 
rapidly respond to the distribution and impacts of marine pollution. 
Educators and students can learn more about how and why oceans function 
as they do. Clearly, anyone who uses and depends upon the ocean stands 
to benefit from this integrated system.
  As a coastal State Senator, I am very proud to introduce this bill. I 
would like to thank my co-sponsors, Senators Kerry, McCain, Hollings, 
Inouye and Breaux, for contributing to this legislation and supporting 
this national initiative. I must also thank all the dedicated 
professionals in the ocean and coastal science, management, and 
research communities that have been instrumental in developing both the 
grassroots regional observation systems as well as this legislation. 
Their ongoing commitment gives me confidence that this bill, once 
enacted, will serve the public well by facilitating better 
understanding of our nation's oceans and coasts.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1400

       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 ``Ocean Observation and 
     Coastal Systems Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) The 95,000-mile coastline of the United States is vital 
     to the Nation's homeland security, transportation, trade, 
     environmental and human health, recreation and tourism, food 
     production, scientific research and education, historical and 
     cultural heritage, and energy production.
       (2) More than half the Nation's population lives and works 
     in coastal communities that together make up 11 percent of 
     its land and its most ecologically and economically important 
     regions, supporting approximately 190 sea ports, containing 
     most of our largest cities, and providing access to coastal 
     waters rich in natural resources.
       (3) More than 95 percent of the Nation's trade moves by sea 
     and nearly half of all goods, including energy products, 
     carried in maritime commerce are hazardous materials.
       (4) The rich biodiversity of marine organisms provides 
     society with essential food resources, a promising source of 
     marine products with commercial and medical potential, and an 
     important contribution to the national economy.
       (5) The oceans drive climate and weather factors causing 
     severe weather events and threatening the health of coastal 
     ecosystems and communities by creating or affecting both 
     natural and man-made coastal hazards such as hurricanes, 
     tsunamis, erosion, oil spills, harmful algal blooms, and 
     pollution, which can pose threats to human health.
       (6) Each year, the United States Coast Guard relies on 
     ocean information to save 4,380 people, conducts over 65,000 
     rescue missions, and carries out more than 11,680 
     environmental cleanups and responses to pollution.
       (7) Safeguarding homeland security requires improved 
     monitoring of the Nation's ports and coastline, including the 
     ability to track vessels and to provide rapid response teams 
     with real-time environmental conditions necessary for their 
     work.
       (8) Advances in ocean technologies and scientific 
     understanding have made possible long-term and continuous 
     observation from space and in situ of ocean characteristics 
     and conditions.
       (9) Many elements of an ocean and coastal observing system 
     are in place, though in a patchwork manner that is 
     fragmented, intermittent, incomplete, and not integrated.
       (10) Important coastal uses, such as tourism, recreation, 
     and fishing, require assurance of healthy coastal waters, and 
     while the interagency National Coast Condition Report 
     provides an annual assessment of the status and quality of 
     coastal waters, substantial data gaps exist that could be 
     reduced through measurement of coastal quality through a 
     coordinated observing system that incorporates Federal, 
     State, and local monitoring programs.
       (11) National investment in a sustained and integrated 
     ocean and coastal observing system and in coordinated 
     programs of research would assist this Nation and the world 
     in understanding the oceans and the global climate system, 
     strengthen homeland security, improve weather and climate 
     forecasts, strengthen management of marine resources, improve 
     the safety and efficiency of maritime operations, and 
     mitigate coastal hazards.
       (b) Purposes.--The purposes of this Act are to provide 
     for--
       (1) development and maintenance of an integrated system 
     that provides for sustained ocean and coastal observations 
     from in situ, remote, and vessel platforms, and that promotes 
     the national goals of assuring national security, advancing 
     economic development, conserving living marine resources, 
     protecting quality of life and the marine environment, and 
     strengthening science education and communication through 
     improved knowledge of the ocean;
       (2) implementation of a research and development program to 
     enhance security at United States ports and minimize security 
     risks; and
       (3) implementation of a data and information system 
     required by all components of an integrated ocean and coastal 
     observing system and related research.

     SEC. 3. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.

       (a) Establishment.--The President, through the National 
     Ocean Research Leadership Council, established by section 
     7902(a) of title 10, United States Code, (hereinafter 
     referred to as the ``Council''), shall establish and maintain 
     an integrated system of marine monitoring, data communication 
     and management, data analysis, and research designed to 
     provide data and information for the rapid and timely 
     detection and prediction of changes occurring in the marine 
     environment that impact the Nation's social, economic, and 
     ecological systems. Such an integrated ocean and coastal 
     observing system shall provide for long-term and continuous 
     observations of the oceans and coasts for the following 
     purposes:
       (1) Strengthening homeland security.
       (2) Improving weather forecasts and public warnings of 
     natural disasters and coastal

[[Page 17804]]

     hazards and mitigating such disasters and hazards.
       (3) Understanding, assessing, and responding to human-
     induced and natural processes of global change.
       (4) Enhancing the safety and efficiency of marine 
     operations.
       (5) Supporting efforts to protect, maintain, and restore 
     the health of and manage coastal and marine ecosystems and 
     living resources.
       (6) Enhancing public health.
       (7) Monitoring and evaluating the effectiveness of ocean 
     and coastal environmental policies.
       (8) Conducting focused research to enhance the national 
     understanding of coastal and global ocean systems.
       (9) Providing information that contributes to public 
     awareness of the condition and importance of the oceans.
       (b) Council Functions.--In carrying out responsibilities 
     under this section, the Council shall--
       (1) serve as the lead entity providing oversight of Federal 
     ocean and coastal observing requirements and activities;
       (2) adopt and maintain plans for the design, operation, and 
     improvement of such system;
       (3) establish an interagency planning office to carry out 
     the duties described in subsection (c);
       (4) coordinate and administer a program of research and 
     development under the National Oceanographic Partnership 
     Program (10 U.S.C. 7901) to support the operation of an 
     integrated ocean and coastal observing system and advance the 
     understanding of the oceans;
       (5) establish a joint operations center to be maintained by 
     the Administrator of the National Oceanic and Atmospheric 
     Administration, in consultation with other Federal agencies; 
     and
       (6) provide, as appropriate, support for and representation 
     on United States delegations to international meetings on 
     ocean and coastal observing programs and in consultation with 
     the Secretary of State to coordinate relevant Federal 
     activities with those of other nations.
       (c) Interagency Program Office.--There is established under 
     the Council an interagency planning office. It shall--
       (1) promote collaboration among agencies;
       (2) promote collaboration among regional coastal observing 
     systems established pursuant to subsection (f);
       (3) prepare annual and long-term plans for consideration by 
     the Council for the design and implementation of an 
     integrated ocean and coastal observing system, including the 
     regional coastal observing systems and taking into account 
     the science and technology advances considered ready for 
     operational status;
       (4) provide information for the development of agency 
     budgets;
       (5) identify requirements for a common set of measurements 
     to be collected and distributed;
       (6) establish standards and protocols for quality control 
     and data management and communications, in consultation with 
     the Joint Operations Center established pursuant to 
     subsection (d);
       (7) work with regional coastal observing entities, the 
     National Sea Grant College Program, and other bodies as 
     needed to assess user needs, develop data products, make 
     effective use of existing capabilities, and incorporate new 
     technologies, as appropriate; and
       (8) coordinate program planning and implementation.
       (d) Joint Operations Center.--The Administrator of the 
     National Oceanic and Atmospheric Administration, in 
     consultation with the Oceanographer of the Navy, the 
     Administrator of the National Aeronautics and Space 
     Administration, the Director of the National Science 
     Foundation, the Commandant of the Coast Guard, the Under 
     Secretary for Science and Technology of the Department of 
     Homeland Security, and any other member of the National Ocean 
     Research Leadership Council as the Council may, by memorandum 
     of agreement, select--
       (1) shall report to the National Ocean Research Leadership 
     Council;
       (2) shall maintain a joint operations center that reports 
     to the Council; and
       (3) is authorized, without limitation--
       (A) to acquire, integrate, and deploy required technologies 
     and provide support for an ocean and coastal observing system 
     based on annual long-term plans developed by the interagency 
     planning office;
       (B) to implement standards and protocols developed in 
     consultation with the interagency planning office for--
       (i) network operations and data access;
       (ii) quality control and assessment of data and design;
       (iii) data access and management, including data transfer 
     protocols and archiving;
       (iv) testing and employment of forecast models for ocean 
     conditions; and
       (v) system products;
       (C) to migrate science and technology advancements from 
     research and development to operational deployment based on 
     the annual and long-term plans of the interagency program 
     office;
       (D) to integrate and extend existing programs into an 
     operating coastal and ocean and coastal observing system 
     based on the annual and long-term plans of the interagency 
     program office;
       (E) to coordinate the data communication and management 
     system;
       (F) to provide products and services as specified by 
     national, regional, and international users;
       (G) to certify that regional coastal observing systems meet 
     the standards established in subsection (f) and to ensure a 
     periodic process for review and recertification of the 
     regional coastal observing systems; and
       (H) to implement standards to ensure compatibility and 
     interoperability among existing and planned system 
     components.
       (e) System Elements.--
       (1) In general.--The integrated ocean and coastal observing 
     system shall consist of the following closely linked 
     components:
       (A) A global ocean system to make observations in all 
     oceans (including chemical, physical, and biological 
     observations) for the purpose of documenting, at a minimum, 
     long-term trends in sea level change, ocean carbon sources 
     and sinks, and heat uptake and release by the ocean; and to 
     monitor ocean locations for signs of abrupt or long-term 
     changes in ocean circulation leading to changes in climate.
       (B) The national network of observations and data 
     management that establishes reference and sentinel stations, 
     links the global ocean system to local and regional 
     observations, and provides data and information required by 
     multiple regions.
       (C) Regional coastal observing systems that provide 
     information through the national network and detect and 
     predict conditions and events on a regional scale through the 
     measurement and dissemination of a common set of ocean and 
     coastal observations and related products in a uniform manner 
     and according to sound scientific practice using national 
     standards and protocols.
       (2) Subsystem linkage.--The integrated ocean and coastal 
     observing system shall link 3 subsystems for rapid access to 
     data and information:
       (A) An observing subsystem to measure, manage, and serve a 
     common set of chemical, physical, geological, and biological 
     variables required to achieve the purpose of this Act on time 
     scales required by users of the system.
       (B) An ocean data management and assimilation subsystem 
     that provides for organization, cataloging, and dissemination 
     of data and information to ensure full use and long term 
     archival.
       (C) A data analysis and applications subsystem to translate 
     data into products and services in response to user needs and 
     requirements.
       (3) Research and development.--A research and development 
     program for the integrated ocean and coastal observing system 
     shall be conducted under the National Oceanographic 
     Partnership Program and shall consist of the following 
     elements:
       (A) Coastal, relocatable, and cabled sea floor 
     observatories.
       (B) Focused research projects to improve understanding of 
     the relationship between the oceans and human activities.
       (C) Applied research to develop new observing technologies 
     and techniques, including data management and dissemination.
       (D) Large scale computing resources and research to improve 
     ocean processes modeling.
       (E) Programs to improve public education and awareness of 
     the marine environment and its goods and services.
       (f) Regional Coastal Observing Systems.--The Administrator 
     of the National Oceanic and Atmospheric Administration, 
     through the Joint Operations Center, shall work with 
     representatives of entities in each region that provide ocean 
     data and information to users to form regional associations. 
     The regional associations shall be responsible for the 
     development and operation of observing systems in the coastal 
     regions extending to the seaward boundary of the United 
     States Exclusive Economic Zone, including the Great Lakes. 
     Participation in a regional association may consist of legal 
     entities including, research institutions, institutions of 
     higher learning, for-profit corporations, non-profit 
     corporations, State, local, and regional agencies, and 
     consortia of 2 or more such institutions or organizations 
     that--
       (1) have demonstrated an organizational structure capable 
     of supporting and integrating all aspects of a coastal ocean 
     observing system within a region or subregion;
       (2) have prepared an acceptable business plan including 
     research components and gained documented acceptance of its 
     intended regional or sub-regional jurisdiction by users and 
     other parties of interest within the region or sub-region to 
     with the objectives of--
       (A) delivering an integrated and sustained system that 
     meets national goals;
       (B) incorporating into the system existing and appropriate 
     regional observations collected by Federal, State, regional, 
     or local agencies;
       (C) responding to the needs of the users, including the 
     public, within the region;
       (D) maintaining sustained, 24-hour-a-day operations and 
     disseminating observations in a manner that is routine, 
     predictable and, if necessary, in real-time or near real-
     time;

[[Page 17805]]

       (E) providing services that include the collection and 
     dissemination of data and data management for timely access 
     to data and information;
       (F) creating appropriate products that are delivered in a 
     timely fashion to the public and others who use, or are 
     affected by, the oceans;
       (G) providing free and open access to the data collected 
     with financial assistance under this Act; and
       (H) adhering to national standards and protocols to ensure 
     that data and related products can be fully exchanged among 
     all of the regional coastal systems and will be accessible to 
     any user in any part of the nation.
       (3) For purposes of determining the civil liability under 
     section 2671 of title 28, United States Code, any regional 
     observing system and any employee thereof that is designated 
     part of a regional association under this subsection shall be 
     deemed to be an instrumentality of the United States with 
     respect to any act or omission committed by any such system 
     or any employee thereof in fulfilling the purposes of this 
     Act.
       (g) Pilot Projects.--
       (1) In general.--The Administrator, in consultation with 
     the interagency planning office, shall initiate pilot 
     projects through the National Oceanographic Partnership 
     Program. A pilot project is an organized, planned set of 
     activities designed to provide an evaluation of technology, 
     methods, or concepts within a defined schedule and having the 
     goal of advancing the development of the sustained, 
     integrated ocean observing system. The pilot projects will--
       (A) develop protocols for coordinated implementation of the 
     full system;
       (B) design and implement regional coastal ocean observing 
     systems;
       (C) establish mechanisms for the exchange of data between 
     and among regions and Federal agencies;
       (D) specify products and services and related requirements 
     for observations, data management, and analysis in 
     collaboration with user groups; and
       (E) develop and test new technologies and techniques to 
     improve all three subsystems to more effectively meet the 
     needs of users of the system.
       (2) Infrastructure capital projects.--The pilot projects 
     shall include one or more projects to capitalize the 
     infrastructure for the collection, management, analysis, and 
     distribution of data and one or more projects where the basic 
     infrastructure and institutional mechanisms already exist for 
     ongoing coastal observations, to fund the operations 
     necessary for the collection of the common set of 
     observations approved by the interagency planning office.

     SEC. 4. INTERAGENCY FINANCING.

       The departments and agencies represented on the Council are 
     authorized to participate in interagency financing and share, 
     transfer, receive and spend funds appropriated to any member 
     of the Council for the purposes of carrying out any 
     administrative or programmatic project or activity under this 
     Act or under the National Oceanographic Partnership Program 
     (10 U.S.C. 7901), including support for a common 
     infrastructure and system integration for an ocean and 
     coastal observing system. Funds may be transferred among such 
     departments and agencies through an appropriate instrument 
     that specifies the goods, services, or space being acquired 
     from another Council member and the costs of the same.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) Observing System Authorization.--For development and 
     implementation of an integrated ocean and coastal observing 
     system under section 3, including financial assistance to 
     regional coastal ocean observing systems and in addition to 
     any amounts previously authorized, there are authorized to be 
     appropriated to--
       (1) the National Oceanic and Atmospheric Administration, 
     $83,000,000 in fiscal year 2004, $87,250,000 in fiscal year 
     2005, $91,500,000 in fiscal year 2006, $96,000,000 in fiscal 
     year 2007, and $100,000,000 in fiscal year 2008;
       (2) the National Science Foundation, $25,000,000 in fiscal 
     year 2004, $26,250,000 in fiscal year 2005, $27,500,000 in 
     fiscal year 2006, $29,000,000 in fiscal year 2007, and 
     $30,500,000 in fiscal year 2008;
       (3) the National Aeronautics and Space Administration, 
     $30,000,000 in fiscal year 2004, $31,500,000 in fiscal year 
     2005, $33,000,000 in fiscal year 2006, and $34,750,000 in 
     each of fiscal years 2007 and 2008;
       (4) the United States Coast Guard, $8,000,000 in fiscal 
     year 2004, $8,400,000 in fiscal year 2005, $9,700,000 in 
     fiscal year 2006, $9,500,000 in fiscal year 2007, and 
     $9,750,000 in fiscal year 2008;
       (5) the Office of Naval Research, $25,000,000 in fiscal 
     year 2004, $26,250,000 in fiscal year 2005, $27,500,000 in 
     fiscal year 2006, $29,000,000 in fiscal year 2007, and 
     $30,500,000 in fiscal year 2008;
       (6) the Office of the Oceanographer of the Navy, 
     $30,000,000 in fiscal year 2004, $31,500,000 in fiscal year 
     2005, $33,000,000 in fiscal year 2006, $34,750,000 in fiscal 
     year 2007, and $36,500,000 in fiscal year 2008; and
       (7) other Federal agencies with operational coastal or 
     ocean monitoring systems or which provide funds to States for 
     such systems, $15,000,000 in each of fiscal years 2004 
     through 2008.
       (b) Regional Coastal Observing Systems.--The Administrator 
     of the National Oceanic and Atmospheric Administration shall 
     make at least 51 percent of the funds appropriated pursuant 
     to subsection (a)(1) available as grants for the development 
     and implementation of the regional coastal observing systems 
     based on the plans adopted by the Council and may be used to 
     leverage non-Federal funds.
       (c) Availability.--Sums authorized to be appropriated by 
     this section shall remain available until expended.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Hollings):
  S. 1402. A bill to authorize appropriations for activities under the 
Federal railroad safety laws for fiscal year 2004 through 2008, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. McCAIN. Today, I am joined by Senator Hollings in introducing the 
Federal Railroad Safety Improvement Act. This legislation would 
reauthorize the Federal rail safety program, which expired at the end 
of fiscal year 1998.
  The rail safety program, which is administered by the Federal 
Railroad Administration, FRA, encompasses a range of inspection, 
research, education, and oversight initiatives aimed at protecting the 
safety of railroad employees; ensuring track and equipment are properly 
maintained; enhancing grade crossing safety; safeguarding the 
transportation of hazardous materials by rail; and overseeing the 
industry's safety practices and procedures. FRA also monitors Amtrak 
and, in the past two years, has assumed a more active role in 
protecting the investment of the taxpayers in that troubled enterprise.
  There have been remarkable improvements in rail safety over the past 
20 years, attributable to both the safety program and the Staggers Act, 
the landmark legislation enacted in 1980 to partially deregulate the 
freight railroads. According to FRA statistics, the rail industry's 
train accident rate has declined 68 percent since the Staggers Act was 
passed and the rate of employee injuries and fatalities has fallen 74 
percent. The number of grade crossing collisions declined 72 percent 
from 1980 through 2002, while fatalities declined 57 percent.
  The Federal Railroad Safety Improvement Act would renew our 
commitment to a strong rail safety program. The legislation would 
authorize $166 million for rail safety in fiscal year 2004, the amount 
requested by the Administration, rising to $200 million in fiscal year 
2008. Included in these authorizations would be additional funds to 
continue initiatives to test and install positive train control, PTC, 
systems on passenger and freight railroad rights-of-way. Some federal 
support of PTC technology is warranted; PTC has been on the National 
Transportation Safety Board's ``most wanted'' list since 1990, but is 
cost-prohibitive for the railroads to install on a widespread basis.
  Our proposed legislation also would make improvements to grade 
crossing safety by formally establishing a national crossing inventory, 
reauthorizing Operation Lifesaver, and requiring the development of 
model state legislation with penalties for drivers who violate crossing 
signs, signals, and gates. The legislation also would direct FRA to 
develop a plan for a joint initiative with states and municipalities to 
close 1 percent of all public and private grade crossings each year for 
a 10-year period. This is an ambitious goal but one that would clearly 
save lives.
  The legislation we propose today also would address long-standing 
concerns about employee fatigue in the rail industry. The bill would 
require that a working group be convened within FRA's Railroad Safety 
Advisory Committee to consider what legislative or other changes may be 
appropriate to address fatigue management and report back to the Senate 
Commerce Committee and the House Committee on Transportation and 
Infrastructure within 18 months following enactment. While the 
railroads and rail labor organizations have initiated a number of 
discrete pilot projects to address fatigue, it is unclear whether real 
progress is being made. If a consensus cannot be reached by the working 
group, the Department of Transportation would be required to submit its

[[Page 17806]]

own recommendations within 2 years following enactment.
  I look forward to working with my colleagues in moving this bill 
through the legislative process in the weeks ahead. I ask unanimous 
consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, 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. A

       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.

                  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 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;

[[Page 17807]]

       (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 ``Legislation.--Within 18 months after 
     November 2, 1994, the'' in subsection (c) and inserting 
     ``Legislation for Vandalim 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 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).

[[Page 17808]]

       ``(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 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.

                  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) 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.''.

     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]''.
                                 ______
                                 
      By Mr. DOMENICI (for himself, Mr. Bingaman, Mr. Craig, and Mr. 
        Akaka) (by request):
  S.J. Res. 16. A joint resolution to approve the ``Compact of Free 
Association, as amended between the Government of the United States of 
America and the Government of the Federated States of Micronesia'', and 
the ``Compact of Free Association, as amended

[[Page 17809]]

between the Government of the United States of America and the 
Government of the Republic of the Marshall Islands'', and otherwise to 
amend Public Law 99-239, and to appropriate for the purposes of amended 
Public Law 99-239 for fiscal years ending on or before September 30, 
2023, and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. DOMENICI. Mr. President, on behalf of myself and Senators 
Bingaman, Craig and Akaka--colleagues from the Committee on Energy and 
Natural Resources--I am pleased to introduce legislation recently 
transmitted by the Administration that would strengthen our Nation's 
relationship with two Pacific Island nations with which we have a 
special bond--the Federated States of Micronesia, FSM, and the Republic 
of the Marshall Islands, RMI.
  The United States has a long history of involvement in the islands of 
Micronesia in the Western Pacific--from 19th century voyages of 
Nantucket whaling ships, that inspired the literature of Herman 
Melville, to the development of nuclear weapons and missile defense 
systems that are cornerstones of our Nation's military strength. In 
1947, following the bloody battles of World War II on the beaches of 
Kwajalein and Saipan, our nation's role changed fundamentally when the 
United States became Administrator of the region under the United 
Nation's Trusteeship system. As Administrator of the U.N. Trust 
Territory of the Pacific Islands, the United States governed the 
islands for over forty years; not as an occupation force or as 
sovereign, but with the obligation to promote the political, economic, 
and social development of the inhabitants.
  In 1986, the United States fulfilled its obligation to the U.N. with 
respect to the islands of Micronesia and the Marshall Islands following 
implementation of the Compact of Free Association. The Compact formally 
ended U.S. Administration and allowed these countries to achieve self-
government and recognition as full members of the community of nations. 
However, and most significantly, the Compact also allowed the United 
States and these new nations to maintain the special relationship 
forged during the Trusteeship. For seventeen years now, the Compact has 
continued to provide for mutual defense as well as political and 
economic stability in a region of vital interest to the United States.
  The legislation being introduced today is necessary to update and 
extend various provisions of the Compact, particularly the economic 
assistance provisions that are due to expire on September 30 of this 
year. Representatives of Micronesia, the Marshall Islands and the 
United States have invested tremendous effort over the past four years 
in negotiating these amendments. We commend Al Short, Peter Christian, 
and Gerald Zackios, the U.S., FSM, and RMI negotiators, respectively, 
for their years of work to strengthen the Compact and the special 
relationship between our nations.
  The agreements reached by the negotiators, as reflected by this 
legislation, would provide the resources needed to assure continued 
economic development and mutual security in the islands. Pursuant to 
those agreements, trust funds will be established to provide a 
mechanism for the eventual phase-out of annual financial assistance 
from the United States. The parties have also agreed to changes that 
will assure greater accountability and effectiveness in the use of U.S. 
financial and program assistance. Continued access to the vitally 
important Ronald Reagan Missile Test Site at Kwajalein Atoll is 
provided. The Compact's immigration provisions have been updated to 
reduce threats to our country's homeland security and to reduce the 
impact of migration on the neighboring islands of Hawaii, Guam, and the 
Northern Mariana Islands. These changes are made while continuing to 
allow citizens of the FSM and RMI the opportunity to migrate to the 
United States as non-immigrants for education, employment, and 
residence.
  Congressional consideration of this legislation comes at a time when 
the issue of nation-building is receiving increased attention. Our 60 
years of experience of nation-building in Micronesia and the Marshall 
Islands underscores the importance of partnership, planning, adequate 
resources, and sustained commitment. The task in the former Trust 
Territory has turned out to be neither easy nor quick. However, 
virtually all who have examined the Compact agree that it has 
successfully met its objectives of promoting self-government, mutual 
defense and economic stability. There is also agreement that there is 
much more to be done. The FSM and RMI still have tremendous challenges 
in improving health and education and in further developing their 
economies so that they can provide health and education and in further 
developing their economies so that they can provide more resources to 
meet the basic needs of the people. This is a particularly daunting 
task given that each nation is dispersed over a vast area of the remote 
western Pacific Ocean.
  We too face a considerable challenge given how little time we have to 
consider this package. The assistance provisions of the current Compact 
expire in just 11 weeks. While the negotiators have done an excellent 
job, it is our understanding that they, and the General Accounting 
Office, will present several issues to Congress for further 
consideration and we expect that there will be a need for fine-tuning 
the package.
  We look forward to working with our colleagues in the Senate, House, 
and the Administration in trying to meet the demanding deadline, to 
consider these remaining issues, and to assure the continued success of 
the special relationship between the United States, Micronesia and the 
Marshall Islands.

                          ____________________