Home > 106th Congressional Bills > S. 1403 (is) To amend chapter 3 of title 28, United States Code, to modify en banc procedures for the Ninth Circuit Court of Appeals, and for other purposes. [Introduced in Senate] ...

S. 1403 (is) To amend chapter 3 of title 28, United States Code, to modify en banc procedures for the Ninth Circuit Court of Appeals, and for other purposes. [Introduced in Senate] ...


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

        <greek-th> x <greek-th><greek-e>``20151. Strategy to prevent 
                            railroad trespassing and vandalism and 
                            violation of grade crossing 
                            signals.''.<greek-th><greek-e><greek-th> x 

SEC. 204. OPERATION LIFESAVER.<greek-th> x 

    Section 20117(e) is amended to read as follows:<greek-th> x 
    ``(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.''.<greek-th> x 

SEC. 205. TRANSPORTATION SECURITY.<greek-th> x 

    (a) Memorandum of Agreement.--Within 60 days after the date of 
enactment of this Act, the Secretary of Transportation and the 
Secretary of Homeland Security shall execute a memorandum of agreement 
governing the roles and responsibilities of the Department of 
Transportation and the Department of Homeland Security, respectively, 
in addressing railroad transportation security matters, including the 
processes the departments will follow to promote communications, 
efficiency, and nonduplication of effort.<greek-th> x 
    (b) Rail Safety Regulations.--Section 20103(a) is amended to read 
as follows:<greek-th> x 
    ``(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.''.<greek-th> x 

SEC. 206. RAILROAD ACCIDENT AND INCIDENT REPORTING.<greek-th> x 

    Section 20901(a) is amended to read as follows:<greek-th> x 
    ``(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.''.<greek-th> x 

SEC. 207. RAILROAD RADIO MONITORING AUTHORITY.<greek-th> x 

    Section 20107 is amended by inserting at the end the 
following:<greek-th> x 
    ``(c) Railroad Radio Communications.--<greek-th> x 
            ``(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:<greek-th> x 
                    ``(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. <greek-th> x 
                    ``(B) Communicating the existence, contents, 
                substance, purport, effect, or meaning of the 
                communication, subject to the restrictions in paragraph 
                (3). <greek-th> x 
                    ``(C) Receiving or assisting in receiving the 
                communication (or any information therein 
                contained).<greek-th> x 
                    ``(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).<greek-th> x 
                    ``(E) Recording the communication by any means, 
                including writing and tape recording.<greek-th> x 
            ``(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.<greek-th> x 
            ``(3) Use of information.--<greek-th> x 
                    ``(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.<greek-th> x 
                    ``(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.<greek-th> x 
                    ``(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.<greek-th> x 
                    ``(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).<greek-th> x 
                    ``(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.<greek-th> x 
                    ``(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.<greek-th> x 
            ``(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.<greek-th> x 
    ``(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.''. <greek-th> x 

SEC. 208. RECOMMENDATIONS ON FATIGUE MANAGEMENT.<greek-th> x 

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

SEC. 209. POSITIVE TRAIN CONTROL.<greek-th> x 

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

SEC. 210. POSITIVE TRAIN CONTROL IMPLEMENTATION.<greek-th> x 

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

SEC. 211. SURVEY OF RAIL BRIDGE STRUCTURES.<greek-th> x 

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

SEC. 212. RAILROAD POLICE.<greek-th> x 

    Section 28101 is amended by striking ``the rail carrier'' each 
place it appears and inserting ``any rail carrier''.<greek-th> x 

SEC. 213. FEDERAL RAILROAD ADMINISTRATION EMPLOYEE 
              TRAINING.<greek-th> x 

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

SEC. 214. REPORT REGARDING IMPACT ON PUBLIC SAFETY OF TRAIN TRAVEL IN 
              COMMUNITIES WITHOUT GRADE SEPARATION.<greek-th> x 

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

SEC. 215. RUNAWAY TRAINS EMERGENCY RESPONSE.<greek-th> x 

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

            TITLE III--MISCELLANEOUS PROVISIONS<greek-th> x 

SEC. 301. TECHNICAL AMENDMENTS REGARDING ENFORCEMENT BY THE ATTORNEY 
              GENERAL.<greek-th> x 

    Section 20112(a) is amended--<greek-th> x 
            (1) by inserting ``this part, except for section 20109 of 
        this title, or'' in paragraph (1) after 
        ``enforce,'';<greek-th> x 

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