[Senate Report 108-182]
[From the U.S. Government Publishing Office]
108th Congress Report
SENATE
1st Session 108-182
_______________________________________________________________________
Calendar No. 358
FEDERAL RAILROAD SAFETY IMPROVEMENT ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1402
DATE deg.October 30, 2003.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
Gregg Elias, Democratic General Counsel
Calendar No. 358
108th Congress Report
SENATE
1st Session 108-182
======================================================================
FEDERAL RAILROAD SAFETY IMPROVEMENT ACT
_______
October 30, 2003.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1402]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1402) TITLE deg. to
authorize appropriations for activities under the Federal
railroad safety laws for fiscal years 2004 through 2008, and
for other purposes, having considered the same, reports
favorably thereon with amendments and recommends that the bill
(as amended) do pass.
Purpose of the Bill
The primary purposes of S. 1402 are to authorize
appropriations for the federal rail safety program for fiscal
years (FYs) 2004 through 2008 and to improve railroad safety
through several new safety initiatives.
Background and Needs
Railroad safety regulation dates from the late 19th century,
when legislation was enacted to address high employee and
passenger casualties. In 1905, 3,588 employees (in a work force
of 1.4 million) and 369 passengers were killed in train-related
accidents. Another 51,170 employees and 10,514 passengers were
injured. Among the earliest railroad safety laws was the
Accident Reports Act, passed in 1900, to require railroads to
report accident data on injuries and fatalities and document
accident causes. A modified version of this system is still
used today. In 1907, Congress approved the Hours of Service
Act, establishing the maximum number of hours certain classes
of railroad employees may work. An amended version of the Hours
of Service Act continues in effect.
Today, railroad safety laws and regulations are aimed at
preventing injuries and loss of life to freight railroad
employees, Amtrak and commuter rail employees and passengers,
and the general public. Areas of concern include: train
derailments and collisions with other trains; the safety of
hazardous materials transportation and the threat to the
general public of a release in the event of an accident or
incident; grade crossing accidents; injuries and fatalities to
trespassers on railroad property; and accidents involving
railroad employees.
Jurisdiction over Federal rail safety regulation resides
predominantly with the Federal Railroad Administration (FRA).
The agency is charged with ensuring the safety of the nation's
railroad industry which consists of nearly 600 railroads, more
than 230,000 workers, over 170,000 route-miles of railroad
track, 1.4 million freight cars, 20,000 locomotives, and more
than 250,000 grade crossings.
CHART 1.--RAILROADS SUBJECT TO FRA SAFETY REGULATIONS
----------------------------------------------------------------------------------------------------------------
Miles Revenue ($
Railroad Number operated Employees billions)
----------------------------------------------------------------------------------------------------------------
Class 1 RRs \1\.......................................... \2\ 8 \3\ 97,631 162,160 $33.53
Regional RRs \1\......................................... 34 17,439 10,300 1.58
Local RRs \1\............................................ 529 27,563 12,000 1.47
Commuter RRs............................................. 20 6,685 23,207 \4\ 1.3
Intercity \5\............................................ 2 1,341 25,548 2.217
------------------------------------------------------
Total.............................................. 592 171,929 233,215 40.10
----------------------------------------------------------------------------------------------------------------
\1\ Class 1 railroads in 2001 are those railroads that met the threshold operating revenue of $266.7 million, as
established by the Surface Transportation Board for that year. Regional railroads are defined by AAR as line-
haul railroads operating at least 350 miles of road and/or earning revenue between $40 million and the Class I
revenue threshold. Local railroads are defined by AAR as line-haul railroads below the regional railroad
criteria, plus switching and terminal railroads.
\2\ Includes the Soo Line, now a part of the Canadian Pacific Railroad.
\3\ Miles operated excludes doublecounting for trackage rights.
\4\ Based on fare revenues.
\5\ Consists of Amtrak and the Alaska Railroad. Miles operated reflects only owned track. Amtrak owns
approximately 885 miles of track but operates over 21,000 miles of railroad lines owned by the freight
railroads.
Sources: Association of American Railroads, Railroad Facts, 2002 Edition; American Public Transportation
Association; Amtrak; and the Alaska Railroad.
Employee fatalities in the railroad industry have declined
dramatically since the original safety laws were adopted, to a
total of twenty fatalities in 2002. Passenger fatalities have
similarly declined, to a total of seven fatalities in 2002.
Most railroad-related fatalities today relate to grade crossing
accidents and trespassing on railroad property. In 2002, 355
people were killed in highway-railroad grade crossing
accidents, and there were 543 trespasser fatalities.
Safety improvements have been especially notable since the
Staggers Rail Act (P.L. 96-448) partially deregulated the rail
industry in 1980. According to FRA statistics, the rail
industry reduced its overall train accident rate 68 percent
from 1980 through 2002, and 22 percent from 1990 through 2002.
The rate of employee casualties (injuries and fatalities per
200,000 hours worked) fell 74 percent from 1980 through 2002
and 62 percent from 1990 through 2002. Last year, the rate of
employee injuries and fatalities was the lowest on record.
Technology improvements such as automated switches, improved
communication and signaling devices; the elimination of
cabooses; and the reduction in size of train crews have also
contributed to safety improvements in the industry.
Grade crossing accidents and fatalities also have fallen
significantly. Between 1980 and the end of 2002, the number of
grade crossing collisions fell 72 percent, injuries declined by
74 percent, and fatalities were down 57 percent, despite an
increase in exposure due to increased highway and rail traffic.
The decrease in grade crossing fatalities can be attributed in
part to improvements made at such crossings through the Section
130 program (23 U.S.C. 130) which has provided $3.8 billion to
improve grade crossing safety or eliminate grade crossings
since 1974. In addition, public education efforts through
organizations such as Operation Lifesaver have been credited
with increasing awareness of the dangers of highway-rail grade
crossings through driver education programs, public service
announcements, and safety programs for law enforcement
officials and emergency responders.
In recent years, trespasser deaths have eclipsed grade
crossing fatalities and the number of trespasser deaths is
growing. Trespasser fatalities in 2002 were 6 percent higher
than the previous year.
FRA has broad jurisdiction to issue regulations to protect
railroad safety. Among the issues FRA has addressed through
regulation since its inception in 1967 are track safety
standards, signal inspection, freight car safety, passenger car
safety, locomotive safety, power brakes, alcohol and drug
testing, operating rules and practices, accident reporting,
hours of service record keeping, railroad communications,
roadway worker and bridge worker protection, engineer
qualifications, grade crossing signal maintenance, and
passenger train emergency preparedness. The FRA is currently
developing standards for processor-based signal and train
control systems and the use of train horns at crossings. FRA
also assists the Research and Special Programs Administration
(RSPA) in developing safety standards for packaging and
transportation of hazardous materials via rail.
FRA employs more than 415 Federal safety inspectors
specializing in the areas of track, signal and train control,
motive power and equipment, operating practices, and hazardous
materials. The FRA also trains and certifies state safety
inspectors to assist in enforcing Federal safety regulations.
Currently, the State Rail Safety Participation Program consists
of 30 States employing approximately 160 safety inspectors.
Inspectors conduct on-site safety inspections of railroads and
monitor their compliance with Federally-mandated safety
standards. FRA investigates railroad accidents and incidents,
including every accident involving an employee fatality and
every grade crossing collision involving three or more
fatalities. \1\
---------------------------------------------------------------------------
\1\ The National Transportation Safety Board (NTSB) is responsible
for investigating railroad accidents. NTSB investigates rail-related
accidents in which there is a fatality, substantial property damage, or
which involve a passenger train.
---------------------------------------------------------------------------
Current Safety Issues
Positive Train Control. Both FRA and the National
Transportation Safety Board (NTSB) believe that train
collisions could be avoided through the installation of
Positive Train Control (PTC) technology. PTC refers to
technology that can automatically control train movements to
prevent train collisions (positive train separation), enforce
speed restrictions, and provide protection for maintenance of
way workers and their equipment. A train equipped with PTC
would automatically slow or stop if the engineer failed to obey
a signal. More advanced versions of PTC also may be able to
warn of damaged track or bridges, track obstructions, and other
on-track equipment. Further, PTC may be able to increase
effective track capacity through the use of flexible blocks
that reflect the current position and speed of the train rather
than the pre-established segmenting of the line between fixed
signals.
While new technology for PTC is evolving, less sophisticated
train control systems have existed since the 1920s and PTC has
been maintained on the Northeast Corridor between New York and
Washington, D.C., since the 1930s. The system is capable of
slowing trains to a speed of 15 miles per hour, but cannot
bring a train to a complete stop. Some form of train control is
required on all passenger trains operating at speeds above 79
miles per hour.
Installation of PTC has been on the NTSB's ``most wanted''
list of safety improvements since 1990. While the NTSB supports
the installation of PTC on all main line tracks, its highest
priority ishigh-risk corridors such as those where commuter and
intercity passenger railroads operate. This emphasis is based on the
probable number of fatalities that occur when passenger trains are
involved in collision accidents. The NTSB has investigated 16 major
accidents and issued 38 safety recommendations that deal with PTC
systems. In addition to these investigated major accidents, the NTSB
also has documented since 1999 some 30 collision accidents involving
trains without PTC systems.
FRA and the rail industry have worked cooperatively on the
development and testing of PTC systems for more than a decade.
FRA has issued several reports on the issue, including reports
in 1991 and 1994 that concluded that the high cost of PTC makes
its installation on all rail lines unrealistic. In 1999, a PTC
working group established as part of the Railroad Safety
Advisory Committee (RSAC) concluded that PTC cannot be
justified on a large scale based on safety benefits alone. The
study estimated the total cost industry-wide to install a
``Level 1'' system that would provide positive train separation
and enforce speed restrictions would cost approximately $1.2
billion. A system with additional features for safety
monitoring and enhanced traffic management was estimated to
cost $7.8 billion. Even for the limited system, the RSAC study
concluded that costs would be more than twice the expected
benefits. However, as global communications systems, in
general, become cheaper and more widespread, the cost of
installing PTC systems on railroads could also decline. In
addition, PTC could improve safety on the more than 80,000 (of
the existing 167,511) track miles of unsignalized or ``dark''
territory.
In August 2001, the FRA initiated a rulemaking proceeding to
facilitate development and implementation of the National
Differential Global Positioning System (GPS) Network. PTC
testing has proven that a properly augmented GPS can provide a
viable, low-cost train-borne location determination system for
PTC. GPS is currently operational with single-station coverage
on about 85 percent of the land area of the United States, and
could be fully operational with dual-redundant coverage by
2005. Again, these improvements to the national GPS network for
defense, aviation, and other public needs, would further reduce
the cost of PTC systems as essential infrastructure and
satellite communications are established and made available to
other users at an incremental cost.
Further, the freight railroads and Amtrak have spent more
than $225 million to date to develop and test PTC technology,
including $26 million in government/industry joint
demonstration projects. The industry's key objectives are to
develop standards for the system, create a system that is
interoperable among railroads, and ensure that the system is
cost-effective. In addition, the States of Illinois and
Michigan have contributed $25.7 million and technology
contractors have contributed a total of $20 million to projects
in those States. To date, FRA has spent $63.2 million to
develop and test PTC. Several different PTC technologies are
currently being tested under five separate pilot projects
involving Amtrak and several freight railroads, including:
The North American Joint PTC Project in
Illinois, in which FRA, the AAR, and the State of
Illinois are partnering to develop a high-speed PTC
technology on the St. Louis-Chicago corridor. This
project is the venue for the industry's development of
standards for PTC interoperability;
The Incremental Train Control System (ITCS)
Project in Michigan, a joint project by FRA, Amtrak and
the State of Michigan to install ITCS on high-speed
operations that include highway-rail grade crossing
signals;
The Dark Territory PTC Demonstration Project
in Wisconsin;
The Burlington Northern Santa Fe (BNSF)
Signal Comparator/Compliance System Project; and
The establishment of a test ground for
wireless communication at the Transportation Technology
Center in Pueblo, Colorado.
Other PTC development projects include:
The development of a universal networking
and computer platform to facilitate interoperability
among PTC systems;
The development of a portable roadway worker
communication system; and
The development of on-board locomotive PTC.
By way of example, BNSF and CSX are conducting train control
pilot programs. The BNSF is demonstrating the Electronic Train
Management System (ETMS) on 50 locomotives operating on a 300-
mile corridor between St. Louis, Missouri and Beardstown,
Illinois. The CSX project is demonstrating a Communications-
Based Train Management (CBTM) system in revenue service over a
150-mile corridor between Athens, Georgia and Spartanburg,
South Carolina. Both the ETMS and CBTM supply movement-related
information, such as authority limits, speed limits, and work
zones, to a computer screen inside the locomotive cab. Using a
global positioning system, the onboard computer warns, then
automatically initiates braking, if the engineer fails to
respond appropriately to movement and speed limit information.
The two-year-old CSX pilot has confirmed CBTM's ability to
positively impact railroad safety, productivity and costs.
Employee Fatigue. Worker fatigue is suspected to have played
a role in a number of recent train accidents and incidents.
Fatigue is primarily an issue for railroad employees who do not
have regular duty schedules. For example, although train crews
operate over a defined territory for which they have qualified,
train schedules may vary daily.
Under current law, a train employee must have at least eight
consecutive hours off duty during the prior 24 hours before the
employee may remain or go on duty. In addition, an employee who
has been on duty for more than 12 consecutive hours may not
return for duty until that employee has had at least 10
consecutive hours off duty. It is common practice in the rail
industry to transport road crews by cab from a train or
terminal to a motel. If the crew is at a remote location, it
may take an hour or more for the crew to reach its rest
location. Because crews are called at least two hours before
they are to report for duty, a crew member may actually have
only five hours or less of uninterrupted rest.
Similar hours of service restrictions apply to signal
employees with the additional proviso that after an employee
has been on duty a total of 12 hours during a 24-hour period,
or after the end of that 24-hour period, the employee must be
given eight consecutive hours off duty. In addition, signal
employees may remain on duty for not more than four additional
hours in any 24-hour period when an emergency exists and the
work of that employee is related to the emergency. Hours of
service limitations for dispatching service employees provide
that an employee may not be allowed to remain or go on duty for
more than a total of nine hours during a 24-hour period where
at least two shifts are employed, or a total of 12 hours during
a 24-hour period where only one shift is employed.
Neither the rail carriers nor the unions have an incentive to
reduce the number of hours that employees may work. Limiting
hours of service would force the railroads to hire additional
workers, and employees would suffer a reduction in earning
power. The railroads and rail labor have worked cooperatively
on several initiatives to address fatigue, but a consensus has
not been reached on an overall approach.
The FRA is planning a study in which respondents will
complete a background survey and daily log to convey specific
information about the work schedule-related fatigue issues for
signal workers. Also in FY 2002, the FRA awarded a contract to
the University of Denver to work with rail and management
representatives from BNSF and CSX to develop, implement, and
validate actigraph measures designed to change the culture and
perception of railroad employees regarding fatigue and its
effect on safety.
Worker fatigue with respect to all transportation workers has
been on NTSB's ``most wanted'' list of recommended safety
improvements since 1990. In 1999, NTSB recommended that FRA
establish, within two years, scientifically-based hours of
service regulations that set limits on hours of service,
provide predictable work and rest schedules, and consider
circadian rhythms and human sleep and rest requirements. FRA,
however, has proposed no statutory changes to the existing
hours of service requirements.
Grade crossing and trespasser accidents. The success in
reducing grade crossing accidents and fatalities is
attributable to a combination of the installation of protective
devices (gates and lights) at crossings and Operation
Lifesaver, a program long supported by the railroads and the
Federal government to educate the public about both crossing
safety and railroad safety generally. The Federal Highway
Administration (FHWA) estimates that through the Section 130
program, 30,000 active warning devices have been installed that
have helped prevent more than 10,000 deaths and over 50,000
injuries.
FRA and the railroads have cooperated to close crossings and
prevent the establishment of new crossings, both public and
private. However, the authority to establish or close crossings
rests with State and local governments, who are often hostile
to reducing access in their communities.
Summary of Major Provisions
The Federal Railroad Safety Improvement Act renews the
Committee's commitment to a strong rail safety program. The
legislation would authorize $166 million for rail safety in FY
2004, the amount requested by the Administration, rising to
$200 million by FY 2008. Included in these authorizations would
be additional funds to continue initiatives to test and install
PTC systems onpassenger and freight railroad rights-of-way.
Funds would be made available through grants, with a 50 percent match
requirement. Authorizations for PTC grants would total $16 million for
FY 2004, $18 million for FY 2005, and $20 million for FY 2006, FY 2007,
and FY 2008.
The legislation also would make several improvements to grade
crossing safety. First, the bill would formally establish a
national crossing inventory. Such information has been
maintained in a national database called the ``United States
Department of Transportation (DOT) National Crossing Inventory
File'' (Inventory) since 1975. However, the information has
been supplied voluntarily, and thus, some crossing information
has not been reported at all or not adequately updated by the
states and the railroads.
The Inventory serves as a uniform computerized database on
crossings throughout the country that can be merged with other
data, including FRA's accident/incident database, and used to
promote crossing safety. States, railroads, and other entities
analyze information in the Inventory for planning and
implementation of crossing improvement programs such as the
Section 130 program, which provides Federal funds to the States
to install or improve warning devices at crossings or to
eliminate crossings altogether. The Inventory also is used by
law enforcement personnel to identify especially hazardous
crossings on which to focus inspection and enforcement efforts.
Additionally, the Inventory is used extensively for crossing
safety studies.
The bill would direct DOT 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. While closure of any crossing improves safety, the
bill would specifically direct the Secretary to consider (1)
crossings that have been identified as high-risk, (2) crossings
that are located on railroad lines used for intercity or
commuter passenger service, and (3) the existing level of
protection at a given crossing in prioritizing crossings for
closure. The bill includes provisions for the plan to take into
account local concerns about the loss of access and the impact
of closure on emergency responders.
The legislation would require the DOT to develop model State
legislation providing penalties for motorists who violate
crossing signs, signals, and gates. A uniform approach to
penalties for driving around gates and ignoring crossing
signals and signs can be more effective in achieving
compliance.
The bill would reauthorize Operation Lifesaver at $1.25
million in FY 2004, rising to $1.46 million by FY 2008.
Operation Lifesaver, Inc. is a nationwide, nonprofit public
education and awareness program dedicated to ending collisions,
fatalities, and injuries at highway-rail grade crossings and on
railroad property. The organization is active in all 50 States,
delivering 40,000 safety presentations to 2.5 million Americans
each year. DOT credits the organization with helping to reduce
grade crossing deaths by 11,000 and injuries by 54,000.
The legislation also would address long-standing concerns
about employee fatigue in the rail industry by requiring that a
working group be convened within FRA's RSAC to consider what
legislative or other changes may be appropriate to address
fatigue management and to report back to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
within 24 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 DOT would be required to submit its own
recommendations within 36 months following enactment.
The bill would require that the Secretaries of Transportation
and Homeland Security execute a memorandum of agreement (MOA)
regarding railroad transportation security matters within 60
days of enactment. It was anticipated that following the
establishment of the Department of Homeland Security (DHS) and
the transfer to DHS of the Transportation Security
Administration (TSA) and the Coast Guard, DOT and DHS would
enter into an MOA to clarify their respective roles and
responsibilities. To date, however, MOA's have only been
executed between DOT and DHS with respect to the Coast Guard
and the Federal Aviation Administration. A report issued in
June 2003, by the General Accounting Office (GAO) recommends
that the roles of DOT and the TSA with respect to rail and
other modes of transportation be clarified through MOA's.
Many security issues have a safety component. Actions by TSA
to improve railroad security affect safety matters regulated by
FRA. For example, TSA proposed that placards be removed from
railroad tank cars so that placard information about the type
of hazardous material in the cars could not be used to
perpetrate a terrorist act. FRA contended that placards should
remain on tank cars for safety reasons. In the event of a train
accident or incident, placards are often the first source of
information used in evaluating the danger of an unidentified
shipment of hazardous materials. After further analysis, the
agencies agreed placards should remain on tank cars for the
foreseeable future.
The bill also would permit DOT to monitor and record railroad
radio communications and to use those communications and the
information they contain for the purpose of accident
prevention, including accident investigations. FRA access to
railroads' radio communications would likewise help ascertain
that federal railroad safety rules are being followed.
Railroads use their dedicated radio frequencies to control
and promote the safety of various types of operations. While
the railroads are authorized to monitor the communications of
its employees to determine whether safety rules and operations
are being followed, current law arguably precludes FRA
inspectors from unilaterally monitoring these communications.
FRA inspectors may monitor radio communications in the presence
of an authorized railroad employee. However, when an FRA
inspector arrives on railroad property, railroad users of radio
often are informed by their coworkers to be guarded in their
radio transmissions. Thus, it is difficult for safety
inspectors to determine if behavior is changed simply because
FRA is present. Access to candid communications from off-site
would yield a truer picture of compliance levels.
Radio monitoring would not apply to railroads' communications
by cellular or cordless telephones. It would also require that
the monitoring of railroad radio communications be conducted
``at reasonable times'', defined as whenever the railroad being
inspected or investigated is performing its rail transportation
business. Information obtained through radio monitoring would
be admissible into evidence in any administrative or judicial
proceeding only as it pertains to rail operations, and only to
impeach evidence offered by a party other than the Federal
government and then only if the monitoring was not done solely
for the purpose of accident investigation.
Legislative History
S. 1402 was introduced by Senators McCain and Hollings on
July 14, 2003 and was referred to the Committee on Commerce,
Science, and Transportation.
On July 17, 2003, the Committee ordered S. 1402 to be
favorably reported to the Senate with two amendments.
By voice vote, the Committee adopted an amendment offered by
Senator Boxer to require the Secretary of Transportation to
conduct a study of the impact of blocked railroad crossings on
emergency response efforts and to submit a report with
recommendations for addressing identified impacts within one
year following enactment.
Also by voice vote, the Committee adopted a second amendment
offered by Senator Boxer to require the Secretary of
Transportation, within 120 days following enactment, to issue
procedures for railroads to use to notify affected communities
in the event of a runaway train. The amendment also would
require that the railroads report any incidence of a runaway
train to DOT.
In addition, Senator Lautenberg offered an amendment to
address the authority of railroad police with respect to
enforcing corporate policies or collective bargaining
agreements. Senator McCain offered to work with Senator
Lautenberg on language to address this matter prior to floor
consideration of the bill and the amendment was withdrawn by
the sponsor.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 22, 2003.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1402, the Federal
Railroad Safety Improvement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Rachel
Milbert (for federal costs), Gregory Waring (for the state and
local impact), and Jean Talarico (for the private-sector
impact).
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 1402--Federal Railroad Safety Improvement Act
Summary: S. 1402 would authorize the appropriation of $919
million over the 2004-2008 period for the Federal Railroad
Administration's (FRA's) safety and research programs. The bill
also would require FRA to recommend ways to lessen railroad
workers' fatigue, survey the condition of railroad bridges,
study the impact that blocked highway-railroad crossings have
on the ability of emergency responders to perform their duties,
and develop regulations to require railroads to immediately
notify emergency medical, fire, and law enforcement personnel
that their communities lie in the path of a runaway train.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing the bill would cost $865 million
over the 2004-2008 period. Enacting S. 1402 would have no
effect on direct spending or revenues.
S. 1402 would impose both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA). CBO estimates that the direct costs of those mandates
would not exceed the annual threshold established in UMRA for
intergovernmental or private-sector mandates ($59 million and
$117 million in 2003, respectively, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetry impact of S. 1402 is shown in the following table. The
costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
FRA Safety and Research Spending Under Current Law:
Budget Authority \1\........................................ 145 0 0 0 0 0
Estimated Outlays........................................... 149 36 5 3 0 0
Proposed Changes:
Estimated Authorization Level............................... 0 168 176 185 192 200
Estimated Outlays........................................... 0 131 167 179 190 198
FRA Safety and Research Spending Under S. 1402:
Estimated Authorization Level \1\........................... 145 168 176 185 192 200
Estimated Outlays........................................... 149 167 172 182 190 198
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year for FRA safety and research activities.
Basis of estimate: For this estimate, CBO assumes that S.
1402 will be enacted near the end of fiscal year 2003 and the
authorized amounts will be appropriated each year. Estimates of
outlays are based on information from FRA and historical
spending patterns of similar programs.
Based on information from FRA, CBO estimates that preparing
the reports and regulations required by the bill would cost
about $2 million. For this estimate, CBO assumes that such
funds would be appropriated in 2004. Those costs are in
addition to the $919 million that the bill would authorize for
the agency's safety and research programs over the next five
years.
Intergovernmental and private-sector impact: S. 1402 would
impose both intergovernmental and private-sector mandates as
defined in UMRA. CBO estimates that the direct costs of those
mandates would not exceed the annual threshold established in
UMRA for intergovernmental or private-sector mandates ($59
million and $117 million in 2003, respectively, adjusted
annually for inflation).
Joint mandate
The Department of Transportation (DOT) maintains
information collected from states and railroad carriers on the
location, physical characteristics, and other features of
highway-railroad crossings in the National Crossing Inventory.
Currently, state governments and railroad carriers provide this
information voluntarily. Section 201 would make such reporting
mandatory. State governments and railroad carriers would be
required to submit initial reports to the Inventory about new
and previously unreported crossings and provide periodic
updates and change-of-ownership reports, if applicable, for all
crossings. Based on information from government and industry
sources, CBO estimates that the incremental costs to submit the
information required under the bill would be small.
States would benefit from other provisions of the bill,
including an increase in the federal aid states can distribute
to local governments for the highway-rail safety program.
Additional private-sector mandate
The bill would impose an additional mandate on the private
sector. Section 305 would require railroad carriers to
immediately notify first responders (including fire, emergency
medical service, and law enforcement personnel) that their
communities lie in the path of a runaway train. Railroad
carriers also would be required to report each incident of a
runaway train to DOT. In addition the bill would require
railroad carriers to submit to DOT for approval their plans for
providing the required notices of an occurrence of a runaway
train.
According to industry sources, most railroad carriers
currently have procedures in place to notify first responders
and provide such notices as soon as possible. Further, few
trains are involved in runaway incidents annually. Thus, CBO
estimates that the cost to comply with this mandate would be
small.
Estimate prepared by: Federal Costs: Rachel Milberg; Impact
on State, Local, and Tribal Governments: Gregory Waring; and
Impact on the Private Sector: Jean Talarico.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
Because the legislation reauthorizes existing programs
without expanding the scope of persons subject to railroad
safety regulation, the number of persons covered should be
consistent with current levels.
ECONOMIC IMPACT
S. 1402 authorizes appropriations of $166 million for FY
2004, rising to $200 million in FY 2008. These funding levels
are not expected to have an inflationary impact on the nation's
economy.
PRIVACY
Section 207 of the bill would impact the privacy of railroad
employees who communicate by radio. The section would give DOT
the authority to monitor and record railroad radio
communications, without being in the presence of authorized
railroad employees, and to use information from such activities
to prevent and investigate accidents.
PAPERWORK
Section 210 of the legislation would create a grant program
for Positive Train Control technology which may lead to
additional paperwork for applicants and for DOT in
administering the program.
Section-by-Section Analysis
Sec. 1. Short Title
The section would provide that the title of the Act is the
``Federal Railroad Safety Improvement Act''.
Sec. 2. Amendments to title 49
The section would clarify that unless otherwise indicated,
the legislation amends title 49, United States Code.
Sec. 3. Table of Contents
The section would contain the table of contents for the
legislation.
Sec. 101. Authorization of Appropriations
This section would authorize the following appropriations for
the FRA: $166 million in FY 2004; $176 million in FY 2005; $185
million in FY 2006; $192 million in FY 2007; and $200 million
in FY 2008.
Sec. 201. National Crossing Inventory
Section 201 would require railroads and states to supply
information necessary for risk analysis of the country's more
than 250,000 highway-rail crossings and pedestrian crossings.
The section would require railroads to submit with three kinds
of reports on railroad grade crossings:
Initial reports on previously unreported
crossings, including new crossings. The reports would
be due within six months after enactment of this bill
or within six months of a new crossing becoming
operational, whichever occurs later;
Updates to the Inventory on a periodic basis
beginning no later than 18 months after enactment, and
continuing on a schedule no less often than by
September 30 of every third year thereafter, or as
otherwise specified by the Secretary; and
For crossings that are transferred to other
ownership, notice to the Secretary from the seller
within three months of the sale or within 18 months
after enactment, whichever occurs later, or as
otherwise specified by the Secretary.
Further, each State would be required to provide information
on crossings within its borders, with initial reports to the
Inventory and periodic updates on the same schedule as the
railroads. The Secretary would be authorized to determine which
crossing data would be supplied by the railroad and which would
be supplied by the State.
Sec. 202. Grade Crossing Elimination and Consolidation
This section would require the Secretary, within two years
after enactment, to submit a plan to Congress for a joint
initiative with States and municipalities to systematically
reduce the number of public and private grade crossings by 1
percent per year in each of the succeeding 10 years. The plan
would have to prioritize crossings for elimination or
consolidation based on considerations such as whether the
crossing has been identified by FRA as a high-risk crossing,
whether the crossing is on a designated high-speed rail
corridor, and the existing level of protective equipment at the
crossing. Further, the plan would suggest guidelines for the
establishment of new crossings, with the goal of avoiding
unnecessary new crossings through careful traffic, zoning, and
land use planning. The plan also would provide an estimate of
the costs to implement the plan.
In developing the plan, the Secretary would be directed to
consult with state and local authorities, who have jurisdiction
over the establishment and closure or consolidation of
crossings. The Secretary and state officials would be directed
to consider the feasibility of closing and improving a group of
crossings in a single community; the impact of closure on
access by emergency vehicles, traffic delays, and public
inconvenience; and the willingness of a municipality to
participate in the elimination or consolidation of crossings.
As a practical matter, crossings cannot be closed without the
support or at least acquiescence of the affected municipality,
so community support will be essential to the success of this
effort.
The section also would require that FRA update and reissue
the publication ``A Guide to Crossing Consolidation and
Closure'' within one year after enactment and increase the
incentive payment that can be made to a community to close a
crossing (subject to an equal match by the freight railroad(s)
involved) from $7,500 to $15,000 per crossing. The incentive is
paid from Section 130 crossing funds.
The section would specify that $500,000 of the sums
authorized by section 101 of the legislation for FY 2004 be
used to complete the plan.
Sec. 203. Model Legislation on Driver Behavior
This section would require DOT, within one year after the
date of enactment, to assess local, State, and Federal laws
with respect to trespassing and vandalism on railroad property
and update model prevention strategies and enforcement laws for
the consideration of State and local governments. The sections
also would require DOT to develop, within two years after the
date of enactment, model State legislation providing for civil
or criminal penalties, or both, for violations of grade
crossing signals.
Sec. 204. Operation Lifesaver
From the sums authorized by section 101, section 204 would
authorize funding of $1.25 million for FY 2004, $1.3 million
for FY 2005, $1.35 million for FY 2006, $1.4 million for FY
2007, and $1.46 million for FY 2008 for Operation Lifesaver.
Sec. 205. Transportation Security
The section would require that the Secretaries of
Transportation and Homeland Security execute an MOA regarding
railroad transportation security matters within 60 days of
enactment. The section also would provide that DOT's authority
to issue regulations and orders governing ``every area of
railroad safety'' includes ``security''. Clarification of FRA's
jurisdiction is necessary to ensure that any regulations and
orders which may have some carryover into the security arena
will withstand legal challenge and protracted litigation by
outside parties. The Homeland Security Act of 2002 supports the
conclusion that ``safety'' includes ``security'', by defining
``safety'' for purposes of the Railroad Safety State
Participation Program as including security.
Sec. 206. Railroad Accident and Incident Reporting
Section 206 would eliminate the statutory requirement that
railroad accidents and incidents reports to FRA be made under
oath and notarized. The oath and notarization requirement
causes unnecessary expense and delay, and is an obstacle to
filing reports electronically.
The section also would give DOT more flexibility to determine
the frequency with which accident and incident reports must be
filed. Currently, reports must be submitted monthly. The
legislation would require that reports be submitted no less
frequently than quarterly.
Sec. 207. Railroad Radio Monitoring Authority
The section would permit DOT to monitor and record railroad
radio communications and to use those communications and the
information they contain for the purpose of accident
prevention, including accident investigations. In connection
with road train and switching operations, radio communications
are used in at least six major ways: 1) to transmit movement
authorities from the dispatcher directly to locomotive crew; 2)
to communicate intra-crew directives; 3) to relay information
from one crew to another crew; 4) to transmit wayside detector
information; 5) to transmit information from wayside employees
to crews or dispatchers regarding defects on passing trains;
and 6) to provide a way for trains in distress to summon help.
Information obtained through monitoring and recording of
radio communications would be admissible into evidence in any
administrative or judicial proceeding only for the six types of
railroad safety proceedings listed above, and only to impeach
evidence offered by a party other than the Federal government,
and then only in the governments monitoring was not done solely
for the purpose of accident investigation. If the monitoring
was done solely for accident investigation, then the
information would not be admissible for any purpose in an
Administrative or judicial proceeding in which commercial or
civil penalties might be imposed. In situations in which the
information intercepted would not itself be admissible into
evidence in a proceeding, it would constitute background
material, which might suggest further investigation and
ultimately lead to the discovery of admissible evidence. Other
information that results from the intercepted information would
be admissible (if otherwise admissible under applicable
procedural rules). Such admissible evidence might include a
tape recording or transcript of the communication made by the
railroad or the testimony of a participant in the
communication.
Further, the proposal would provide a mechanism for ensuring
confidentiality, when appropriate, of intercepted
communications introduced in rail safety proceedings as
impeachment evidence. It also would take the intercepted
communications outside the scope of the Freedom of Information
Act, thereby effectuating the agency's intent to assure that it
does not release the communications to railroad carriers.
Finally, the proposed legislation would preserve unaffected
other statutory authorities for interception of communications.
Sec. 208. Recommendations On Hours Of Service Changes
Section 208 would require that a working group be convened
within FRA's RSAC to consider what legislative or other changes
may be appropriate to address fatigue management and report
back to Congress within 24 months. 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, FRA would be required to submit its own
recommendations to the Senate Commerce Committee and the House
Transportation and Infrastructure Committee within 36 months
following enactment.
Sec. 209. Positive Train Control
In 2001, FRA initiated a rulemaking proceeding to facilitate
the introduction of PTC technology by establishing performance-
based standards for new signal and train control systems. The
rulemaking was the result of several years' work within FRA's
RSAC. This section would require that a final rule in the
proceeding be issued within 6 months following enactment.
Sec. 210. Positive Train Control Implementation
Section 210 would require DOT to submit a progress report on
ongoing and completed PTC projects to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
within three months after completion of the project to install
PTC between Chicago, Illinois, and St. Louis, Missouri. The
section also would provide that of the sums authorized by
section 101, the following sums are available for grants for
PTC testing and installation: $16 million in FY 2004; $18
million in FY 2005; $20 million in FY 2006, $20 million in FY
2007, and $20 million in FY 2008. Grants would be subject to a
50 percent matching requirement.
Sec. 211. Survey Of Rail Bridge Structures
Many railroad bridges in the United States were constructed
early in the last century. Although the bridges were engineered
to withstand the weight of heavy steam locomotives, today's
freight cars are significantly heavier as is total train
weight. FRA last conducted a survey of railroad bridges in 1992
and found railroad bridges to be generally sound. This section
would require DOT to conduct a new survey to obtain a more up-
to-date assessment of the general condition of railroad bridges
and the need, if any, for further action.
Sec. 212. Railroad Police
Under current law, railroad police officers may enforce the
law only on the property of the railroad by whom they are
employed. This amendment would allow railroad police officers
to exercise jurisdiction on the property of any railroad,
enabling officers in pursuit near an interchange point to
continue the pursuit on another railroad.
Sec. 213. Federal Railroad Administration Employee Training
From sums authorized under section 101 for FY 2004, $300,000
would be authorized for use by FRA to conduct a demonstration
project utilizing centralized training for its employees.
Section 214. Study on the Impact of Blocked Highway-Railroad Grade
Crossings on Emergency Responders
The section would require the Secretary of Transportation, in
consultation with state and local officials, to conduct a study
of the impact of blocked highway-railroad grade crossings on
the ability of emergency responders to perform their safety and
security duties. A report and recommendations would be due to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure within one year following enactment.
Sec. 215. Runaway Trains Emergency Response
The section would require the Secretary of Transportation to
issue regulations within 120 days following enactment to
establish procedures for railroads to follow in notifying first
responders in communities in the path of a runaway train.
Within 60 days after the issuance of the regulations, each
railroad would be required to submit, for the Secretary's
approval, procedures the railroad will use to comply with the
regulations. Finally, the section would require the railroads
to report any instance of a runaway train to DOT.
Sec. 301. Technical Amendments Regarding Enforcement by the Attorney
General
The section would clarify that the Federal district courts
have jurisdiction to entertain three types of civil actions
brought by the Attorney General at the request of the Secretary
of Transportation:
Injunctions against a violation of a rail
safety statute. The Attorney General is already
authorized to sue in Federal district court to enjoin a
violation of rail safety regulations, but not rail
safety statutes. The new section would permit suits for
these injunctions except for those dealing with
employee protections against discrimination for
whistleblower activities or for reasonably refusing to
work in the face of an imminent danger of death or
serious injury, rights that would continue to be
enforced under the Railway Labor Act.
Enforcement of requests for production of
documents or other tangible things and requests for
testimony by deposition under the rail safety laws. The
existing rail safety laws lack an explicit provision
for enforcement of these discovery devices.
Collection of civil penalty settlements and
the enforcement of administrative subpoenas.
Sec. 302. Technical Amendments to Civil Penalty Provisions
The section has a dual purpose. Pursuant to the Federal Civil
Penalties Inflation Adjustment Act of 1990, maximum civil
penalties are required to be adjusted for inflation. That
statute did not directly amend the civil penalty provisions of
the substantive laws affected, but rather required the Federal
agencies charged with enforcing those laws to issue regulations
revising the penalty amounts. This new proposal would cross-
reference the appropriate provisions of that Act. Although
inflation adjustments have been and will continue to be made by
regulation, this provision in the railroad statutes would
provide further notice to the regulated public of this
requirement and prevent having to search through related
statutes to determine a respondent's maximum liability.
Second, the section would revise the civil penalty provisions
to make them more uniform. Under the 1970 rail statute, the
government may deduct the amount of any unpaid penalty or
settlement owed by a respondent from any funds (such as tax
refunds) owed by the government to the respondent. These
technical amendments would put enforcement of the pre-1970
safety statutes on an equal footing with enforcement of the
1970 statute.
Sec. 303. Technical Amendments to Eliminate Unnecessary Provisions
The section would eliminate several provisions of the rail
safety laws that are unnecessary because they have been
executed or become obsolete. First, the proposal would strike
as executed the following three provisions that require the
Secretary to submit reports to Congress: the second sentence of
section 20103(f) (report on tourist railroads); section 20145
(report on detection of bridge displacement); and section 20150
(report on PTC). Second, the proposal would repeal section
20146, a provision to establish and authorize appropriations to
fund an Institute for Railroad Safety at $1 million per year
for fiscal years 1996-2000. Congress did not appropriate funds
for the institute, and the authorization of appropriations for
fiscal years 1996-2000 has expired.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 23, UNITED STATES CODE, HIGHWAYS
CHAPTER 1. FEDERAL-AID HIGHWAYS
SUBCHAPTER I. GENERAL PROVISIONS
Sec. 130. Railway-highway crossings
(a) Subject to section 120 and subsection (b) of this
section, the entire cost of construction of projects for the
elimination of hazards of railway-highway crossings, including
the separation or protection of grades at crossings, the
reconstruction of existing railroad grade crossing structures,
and the relocation of highways to eliminate grade crossings,
may be paid from sums apportioned in accordance with section
104 of this title. In any case when the elimination of the
hazards of a railway-highway crossing can be effected by the
relocation of a portion of a railway at a cost estimated by the
Secretary to be less than the cost of such elimination by one
of the methods mentioned in the first sentence of this section,
then the entire cost of such relocation project, subject to
section 120 and subsection (b) of this section, may be paid
from sums apportioned in accordance with section 104 of this
title.
(b) The Secretary may classify the various types of projects
involved in the elimination of hazards of railway-highway
crossings, and may set for each such classification a
percentage of the costs of construction which shall be deemed
to represent the net benefit to the railroad or railroads for
the purpose of determining the railroad's share of the cost of
construction. The percentage so determined shall in no case
exceed 10 per centum. The Secretary shall determine the
appropriate classification of each project.
(c) Any railroad involved in a project for the elimination of
hazards of railway-highway crossings paid for in whole or in
part from sums made available for expenditure under this title,
or prior Acts, shall be liable to the United States for the net
benefit to the railroad determined under the classification of
such project made pursuant to subsection (b) of this section.
Such liability to the United States may be discharged by direct
payment to the State transportation department of the State in
which the project is located, in which case such payment shall
be credited to the cost of the project. Such payment may
consist in whole or in part of materials and labor furnished by
the railroad in connection with the construction of such
project. If any such railroad fails to discharge such liability
within a six-month period after completion of the project, it
shall be liable to the United States for its share of the cost,
and the Secretary shall request the Attorney General to
institute proceedings against such railroad for the recovery of
the amount for which it is liable under this subsection. The
Attorney General is authorized to bring such proceedings on
behalf of the United States, in the appropriate district court
of the United States, and the United States shall be entitled
in such proceedings to recover such sums as it is considered
and adjudged by the court that such railroad is liable for in
the premises. Any amounts recovered by the United States under
this subsection shall be credited to miscellaneous receipts.
(d) Survey and Schedule of Projects.--Each State shall
conduct and systematically maintain a survey of all highways to
identify those railroad crossings which may require separation,
relocation, or protective devices, and establish and implement
a schedule of projects for this purpose. At a minimum, such a
schedule shall provide signs for all railway-highway crossings.
(e) Funds for Protective Devices.--At least \1/2\ of the
funds authorized for and expended under this section shall be
available for the installation of protective devices at
railway-highway crossings. Sums authorized to be appropriated
to carry out this section shall be available for obligation in
the same manner as funds apportioned under section 104(b)(1) of
this title.
(f) Apportionment.--Twenty-five percent of the funds
authorized to be appropriated to carry out this section shall
be apportioned to the States in the same manner as sums are
apportioned under section 104(b)(2) of this title, 25 percent
of such funds shall be apportioned to the States in the same
manner as sums are apportioned under section 104(b)(6) of this
title, and 50 percent of such funds shall be apportioned to the
States in the ratio that total railway-highway crossings in
each State bears to the total of such crossings in all States.
The Federal share payable on account of any project financed
with funds authorized to be appropriated to carry out this
section shall be 90 percent of the cost thereof.
(g) Annual Report.--Each State shall report to the Secretary
not later than December 30 of each year on the progress being
made to implement the railway-highway crossings program
authorized by this section and the effectiveness of such
improvements. Each State report shall contain an assessment of
the costs of the various treatments employed and subsequent
accident experience at improved locations. The Secretary shall
submit a report to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives not later than
April 1 of each year, on the progress being made by the State
in implementing projects to improve railway-highway crossings.
The report shall include, but not be limited to, the number of
projects undertaken, their distribution by cost range, road
system, nature of treatment, and subsequent accident experience
at improved locations. In addition, the Secretary's report
shall analyze and evaluate each State program, identify any
State found not to be in compliance with the schedule of
improvements required by subsection (d) and include
recommendations for future implementation of the railroad
highway crossings program.
(h) Use of Funds for Matching.--Funds authorized to be
appropriated to carry out this section may be used to provide a
local government with funds to be used on a matching basis when
State funds are available which may only be spent when the
local government produces matching funds for the improvement of
railway-highway crossings.
(i) Incentive Payments for At-Grade Crossing Closures.--
(1) In general.--Notwithstanding any other provision
of this section and subject to paragraphs (2) and (3),
a State may, from sums available to the State under
this section, make incentive payments to local
governments in the State upon the permanent closure by
such governments of public at-grade railway-highway
crossings under the jurisdiction of such governments.
(2) Incentive payments by railroads.--A State may not
make an incentive payment under paragraph (1) to a
local government with respect to the closure of a
crossing unless the railroad owning the tracks on which
the crossing is located makes an incentive payment to
the government with respect to the closure.
(3) Amount of state payment.--The amount of the
incentive payment payable to a local government by a
State under paragraph (1) with respect to a crossing
may not exceed the lesser of--
(A) the amount of the incentive payment paid
to the government with respect to the crossing
by the railroad concerned under paragraph (2);
or
(B) [$7,500.] $15,000.
(4) Use of state payments.--A local government
receiving an incentive payment from a State under
paragraph (1) shall use the amount of the incentive
payment for transportation safety improvements.
(j) Bicycle Safety.--In carrying out projects under this
section, a State shall take into account bicycle safety.
(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.
TITLE 49, UNITED STATES CODE, TRANSPORTATION
SUBTITLE V. RAIL PROGRAMS
PART A. SAFETY
CHAPTER 201. GENERAL
SUBCHAPTER I. GENERAL
Sec. 20103. General authority
[(a) Regulations and Orders.--The Secretary of
Transportation, as necessary, shall prescribe regulations and
issue orders for every area of railroad safety 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.]
(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.
(b) Regulations of Practice for Proceedings.--The Secretary
shall prescribe regulations of practice applicable to each
proceeding under this chapter. The regulations shall reflect
the varying nature of the proceedings and include time limits
for disposition of the proceedings. The time limit for
disposition of a proceeding may not be more than 12 months
after the date it begins.
(c) Consideration of Information and Standards.--In
prescribing regulations and issuing orders under this section,
the Secretary shall consider existing relevant safety
information and standards.
(d) Waivers.--The Secretary may waive compliance with any
part of a regulation prescribed or order issued under this
chapter if the waiver is in the public interest and consistent
with railroad safety. The Secretary shall make public the
reasons for granting the waiver.
(e) Hearings.--The Secretary shall conduct a hearing as
provided by section 553 of title 5 when prescribing a
regulation or issuing an order under this chapter, including a
regulation or order establishing, amending, or waiving
compliance with a railroad safety regulation prescribed or
order issued under this chapter. An opportunity for an oral
presentation shall be provided.
(f) Tourist Railroad Carriers.--In prescribing regulations
that pertain to railroad safety that affect tourist, historic,
scenic, or excursion railroad carriers, the Secretary of
Transportation shall take into consideration any financial,
operational, or other factors that may be unique to such
railroad carriers. [The Secretary shall submit a report to
Congress not later than September 30, 1995, on actions taken
under this subsection.]
* * * * * * *
Sec. 20107. Inspection and investigation
(a) General.--To carry out this part, the Secretary of
Transportation may take actions the Secretary considers
necessary, including--
(1) conduct investigations, make reports, issue
subpenas, require the production of documents, take
depositions, and prescribe recordkeeping and reporting
requirements; and
(2) delegate to a public entity or qualified person
the inspection, examination, and testing of railroad
equipment, facilities, rolling stock, operations, and
persons.
(b) Entry and Inspection.--In carrying out this part, an
officer, employee, or agent of the Secretary, at reasonable
times and in a reasonable way, may enter and inspect railroad
equipment, facilities, rolling stock, operations, and relevant
records. When requested, the officer, employee, or agent shall
display proper credentials. During an inspection, the officer,
employee, or agent is an employee of the United States
Government under chapter 171 of title 28.
(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. 20112. Enforcement by the Attorney General
(a) Civil Actions.--At the request of the Secretary of
Transportation, the Attorney General may bring a civil action
in a district court of the United States--
(1) to enjoin a violation of, or to enforce, this
part, except for section 20109 of this title, or a
railroad safety regulation prescribed or order issued
by the Secretary;
(2) to collect a civil penalty imposed or an amount
agreed on in compromise under section [21301] 21301,
21302, or 21303 of this title; or
(3) to enforce a [subpena] subpena, request for
production of documents or other tangible things, or
request for testimony by deposition issued by the
Secretary under this [chapter.] part.
(b) Venue.--
(1) Except as provided in paragraph (2) of this
subsection, a civil action under this section may be
brought in the judicial district in which the violation
occurred or the defendant has its principal executive
office. If an action to collect a penalty is against an
individual, the action also may be brought in the
judicial district in which the individual resides.
(2) A civil action to enforce a subpena issued by the
Secretary or a compliance order issued under section
20111(b) of this title may be brought in the judicial
district in which the defendant resides, does business,
or is found.
* * * * * * *
Sec. 20117. Authorization of appropriations
[(a) General.--
[(1) Not more than the following amounts may be
appropriated to the Secretary of Transportation to
carry out this chapter:
[(A) $68,283,000 for the fiscal year ending
September 30, 1993.
[(B) $71,690,000 for the fiscal year ending
September 30, 1994.
[(C) $68,289,000 for fiscal year 1995.
[(D) $75,112,000 for fiscal year 1996.
[(E) $82,563,000 for fiscal year 1997.
[(F) $90,739,000 for fiscal year 1998.
[(2) Not more than $5,000,000 may be appropriated to
the Secretary for the fiscal year ending September 30,
1993, to carry out section 20105 of this title.]
(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.
(b) Grade Crossing Safety.--Not more than $1,000,000 may be
appropriated to the Secretary for improvements in grade
crossing safety, except demonstration projects under section
20134(c) of this title. Amounts appropriated under this
subsection remain available until expended.
(c) Research and Development, Automated Track Inspection, and
State Participation Grants.--Amounts appropriated under this
section for research and development, automated track
inspection, and grants under section 20105(e) of this title
remain available until expended.
(d) Minimum Available for Certain Purposes.--At least 50
percent of the amounts appropriated to the Secretary for a
fiscal year to carry out railroad research and development
programs under this chapter or another law shall be available
for safety research, improved track inspection and information
acquisition technology, improved railroad freight
transportation, and improved railroad passenger systems.
[(e) Operation Lifesaver.--In addition to amounts otherwise
authorized by law, there are authorized to be appropriated for
railroad research and development $300,000 for fiscal year
1995, $500,000 for fiscal year 1996, and $750,000 for fiscal
year 1997, to support Operation Lifesaver, Inc.]
(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.
* * * * * * *
SUBCHAPTER II. PARTICULAR ASPECTS OF SAFETY
[Sec. 20145. Report on bridge displacement detection systems
[Not later than 18 months after November 2, 1994, the
Secretary of Transportation shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report concerning any action that has been
taken by the Secretary on railroad bridge displacement
detection systems.]
[Sec. 20146. Institute for Railroad Safety
[The Secretary of Transportation, in conjunction with a
university or college having expertise in transportation
safety, shall establish, within one year after November 2,
1994, an Institute for Railroad Safety. The Institute shall
research, develop, fund, and test measures for reducing the
number of fatalities and injuries relevant to railroad
operations. There are authorized to be appropriated to the
Secretary $1,000,000 for each of the fiscal years 1996 through
2000 to fund activities carried out under this section by the
Institute, which shall report at least once each year on its
use of such funds in carrying out such activities and the
results thereof to the Secretary of Transportation and the
Congress.]
* * * * * * *
[Sec. 20150. Positive train control system progress report
[The Secretary of Transportation shall submit a report to the
Congress on the development, deployment, and demonstration of
positive train control systems by December 31, 1995.]
[Sec. 20151. Railroad trespassing and vandalism prevention strategy]
Sec. 20151. Strategy to prevent railroad trespassing and vandalism and
violation of grade crossing signals
(a) Evaluation of Existing Laws.--In consultation with
affected parties, the Secretary of Transportation shall
evaluate and review current local, State, and Federal laws
regarding trespassing on railroad property and vandalism
affecting railroad [safety,] safety and violations of highway-
rail grade crossing signals, and develop model prevention
strategies and enforcement laws to be used for the
consideration of State and local legislatures and governmental
entities. [The first such evaluation and review shall be
completed within 1 year after November 2, 1994.] The evaluation
and review shall be completed not later than 1 year after the
date of enactment of the Federal Railroad Safety Improvement
Act. The Secretary shall revise such model prevention
strategies and enforcement codes periodically.
(b) Outreach Program.--The Secretary shall develop and
maintain a comprehensive outreach program to improve
communications among Federal railroad safety inspectors, State
inspectors certified by the Federal Railroad Administration,
railroad police, and State and local law enforcement officers,
for the purpose of addressing trespassing and vandalism
problems on railroad property, and strengthening relevant
enforcement strategies. This program shall be designed to
increase public and police awareness of the illegality of,
dangers inherent in, and the extent of, trespassing on railroad
rights-of-way, to develop strategies to improve the prevention
of trespassing and vandalism, and to improve the enforcement of
laws relating to railroad trespass, vandalism, and safety.
(c) [Model Legislation.--Within 18 months after November 2,
1994, the] Legislation for Vandalism and Trespassing
Penalties._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--
(1) civil or criminal penalties, or both, for
vandalism of railroad equipment or property which could
affect the safety of the public or of railroad
employees; and
(2) civil or criminal penalties, or both, for
trespassing on a railroad owned or leased right-of-way.
(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.
* * * * * * *
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.
CHAPTER 209. ACCIDENTS AND INCIDENTS
Sec. 20901. Reports
[(a) General Requirements.--Not later than 30 days after the
end of each month, a railroad carrier shall file a report with
the Secretary of Transportation 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 month. The report shall be under oath and 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.]
(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.
(b) Monetary Threshold for Reporting.--
(1) In establishing or changing a monetary threshold
for the reporting of a railroad accident or incident,
the Secretary shall base damage cost calculations only
on publicly available information obtained from--
(A) the Bureau of Labor Statistics; or
(B) another department, agency, or
instrumentality of the United States Government
if the information has been collected through
objective, statistically sound survey methods
or has been previously subject to a public
notice and comment process in a proceeding of a
Government department, agency, or
instrumentality.
(2) If information is not available as provided in
paragraph (1)(A) or (B) of this subsection, the
Secretary may use any other source to obtain the
information. However, use of the information shall be
subject to public notice and an opportunity for written
comment.
CHAPTER 213. PENALTIES
SUBCHAPTER I. CIVIL PENALTIES
Sec. 21301. Chapter 201 general violations
(a) Penalty.--
(1) A person may not fail to comply with section
20154 or with a regulation prescribed or order issued
by the Secretary of Transportation under chapter 201 of
this title. Subject to section 21304 of this title, a
person violating section 20154 of this title or a
regulation prescribed or order issued by the Secretary
under chapter 201 is liable to the United States
Government for a civil penalty. The Secretary shall
impose the penalty applicable under paragraph (2) of
this subsection. A separate violation occurs for each
day the violation continues.
(2) The Secretary shall include in, or make
applicable to, each regulation prescribed and order
issued under chapter 201 of this title a civil penalty
for a violation. The Secretary shall impose a civil
penalty for a violation of section 20154 of this title.
The amount of the penalty shall be at least $500 but
not more than [$10,000.] $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). However, when a grossly
negligent violation or a pattern of repeated violations
has caused an imminent hazard of death or injury to
individuals, or has caused death or injury, the amount
may be not more than [$20,000.] $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).
(3) The Secretary may compromise the amount of a
civil penalty imposed under this subsection to not less
than $500 before referring the matter to the Attorney
General for collection. In determining the amount of a
compromise, the Secretary shall consider--
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, the degree
of culpability, any history of violations, the
ability to pay, and any effect on the ability
to continue to do business; and
(C) other matters that justice requires.
(b) 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.
(c) Deposit in Treasury.--A civil penalty collected under
this section or section 20113(b) of this title shall be
deposited in the Treasury as miscellaneous receipts.
Sec. 21302. Chapter 201 accident and incident violations and chapter
203-209 violations
(a) Penalty.--
(1) Subject to section 21304 of this title, a person
violating a regulation prescribed or order issued under
chapter 201 of this title related to accident and
incident reporting or investigation, or violating
chapters 203-209 of this title or a regulation or
requirement prescribed or order issued under chapters
203-209, is liable to the United States Government for
a civil penalty. An act by an individual that causes a
railroad carrier to be in violation is a violation. A
separate violation occurs for each day the violation
continues.
(2) The Secretary of Transportation imposes a civil
penalty under this subsection. The amount of the
penalty shall be at least $500 but not more than
[$10,000.] $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). However, when a grossly negligent
violation or a pattern of repeated violations has
caused an imminent hazard of death or injury to
individuals, or has caused death or injury, the amount
may be not more than [$20,000.] $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).
(3) The Secretary may compromise the amount of the
civil penalty under section 3711 of title 31. In
determining the amount of a compromise, the Secretary
shall consider--
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, the degree
of culpability, any history of violations, the
ability to pay, and any effect on the ability
to continue to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount
of the civil penalty, the Secretary shall refer the
matter to the Attorney General for collection.
(b) Civil Actions To Collect.--The Attorney General shall
bring a civil action in a district court of the United States
to collect a civil penalty that is referred to the Attorney
General for collection under subsection (a) of this section.
The action may be brought in the judicial district in which the
violation occurred or the defendant has its principal executive
office. If the action is against an individual, the action also
may be brought in the judicial district in which the individual
resides.
(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. 21303. Chapter 211 violations
(a) Penalty.--
(1) Subject to section 21304 of this title, a person
violating chapter 211 of this title, or violating any
provision of a waiver applicable to that person that
has been granted under section 21108 of this title, is
liable to the United States Government for a civil
penalty. An act by an individual that causes a railroad
carrier to be in violation is a violation. For a
violation of section 21106 of this title, a separate
violation occurs for each day a facility is not in
compliance.
(2) The Secretary of Transportation imposes a civil
penalty under this subsection. The amount of the
penalty shall be at least $500 but not more than
[$10,000.] $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). However, when a grossly negligent
violation or a pattern of repeated violations has
caused an imminent hazard of death or injury to
individuals, or has caused death or injury, the amount
may be not more than [$20,000.] $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).
(3) The Secretary may compromise the amount of the
civil penalty under section 3711 of title 31. In
determining the amount of a compromise, the Secretary
shall consider--
(A) the nature, circumstances, extent, and
gravity of the violation;
(B) with respect to the violator, the degree
of culpability, any history of violations, the
ability to pay, and any effect on the ability
to continue to do business; and
(C) other matters that justice requires.
(4) If the Secretary does not compromise the amount
of the civil penalty, the Secretary shall refer the
matter to the Attorney General for collection.
(b) Civil Actions To Collect.--
(1) The Attorney General shall bring a civil action
in a district court of the United States to collect a
civil penalty that is referred to the Attorney General
for collection under subsection (a) of this section
after satisfactory information is presented to the
Attorney General. The action may be brought in the
judicial district in which the violation occurred or
the defendant has its principal executive office. If
the action is against an individual, the action also
may be brought in the judicial district in which the
individual resides.
(2) A civil action under this subsection must be
brought not later than 2 years after the date of the
violation unless administrative notification under
section 3711 of title 31 is given within that 2-year
period to the person committing the violation. However,
even if notification is given, the action must be
brought within the period specified in section 2462 of
title 28.
(c) Imputation of Knowledge.--In any proceeding under this
section, a railroad carrier is deemed to know the acts of its
officers and agents.
(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.
PART E. MISCELLANEOUS
CHAPTER 281. LAW ENFORCEMENT
Sec. 28101. Rail police officers
Under regulations prescribed by the Secretary of
Transportation, a rail police officer who is employed by a rail
carrier and certified or commissioned as a police officer under
the laws of a State may enforce the laws of any jurisdiction in
which [the rail carrier] any rail carrier owns property, to the
extent of the authority of a police officer certified or
commissioned under the laws of that jurisdiction, to protect--
(1) employees, passengers, or patrons of [the rail
carrier] any rail carrier;
(2) property, equipment, and facilities owned,
leased, operated, or maintained by [the rail carrier]
any rail carrier;
(3) property moving in interstate or foreign commerce
in the possession of [the rail carrier] any rail
carrier; and
(4) personnel, equipment, and material moving by rail
that are vital to the national defense.