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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108th CONGRESS<greek-th> x 
  1st Session<greek-th> x 
                          S. 1402<greek-th> x 


<greek-th> x __________________________________________________________


              IN THE HOUSE OF REPRESENTATIVES<greek-th> x 

                     December 8, 2003<greek-th> x 

            Referred to the Committee on Transportation and 
                      Infrastructure<greek-th> x 

<greek-th> x __________________________________________________________

                          AN ACT<greek-th> x 


 
 To authorize appropriations for activities under the Federal railroad 
     safety laws for fiscal years 2004 through 2008, and for other 
     purposes.<greek-th> x <greek-th> x <greek-th> x <greek-th> x 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,<greek-th> x 

SECTION 1. SHORT TITLE.<greek-th> x 

    This Act may be cited as the ``Federal Railroad Safety Improvement 
Act''.<greek-th> x <greek-th> x 

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.<greek-th> x 

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

SEC. 3. TABLE OF CONTENTS. <greek-th> x 

    The table of contents for this Act is as follows:<greek-th> x 

<greek-th> x <greek-th><greek-e>Sec. 1. Short title.<greek-th><greek-e>
Sec. 2. Amendment of title 49, United States Code.<greek-th><greek-e>
Sec. 3. Table of contents. <greek-th><greek-e>
      TITLE I--AUTHORIZATION OF APPROPRIATIONS<greek-th><greek-e>

Sec. 101. Authorization of appropriations.<greek-th><greek-e>
      TITLE II--RULEMAKING, INSPECTION, ENFORCEMENT, AND PLANNING 
                      AUTHORITY<greek-th><greek-e>

Sec. 201. National crossing inventory.<greek-th><greek-e>
Sec. 202. Grade crossing elimination and 
                            consolidation.<greek-th><greek-e>
Sec. 203. Model legislation for driver behavior.<greek-th><greek-e>
Sec. 204. Operation Lifesaver.<greek-th><greek-e>
Sec. 205. Transportation security.<greek-th><greek-e>
Sec. 206. Railroad accident and incident reporting.<greek-th><greek-e>
Sec. 207. Railroad radio monitoring authority.<greek-th><greek-e>
Sec. 208. Recommendations on fatigue management.<greek-th><greek-e>
Sec. 209. Positive train control.<greek-th><greek-e>
Sec. 210. Positive train control implementation.<greek-th><greek-e>
Sec. 211. Survey of rail bridge structures.<greek-th><greek-e>
Sec. 212. Railroad police.<greek-th><greek-e>
Sec. 213. Federal Railroad Administration employee 
                            training.<greek-th><greek-e><greek-th><greek-e>

Sec. 214.  Report regarding impact on public safety of train travel in 
                            communities without grade 
                            separation.<greek-th><greek-e>
Sec. 215. Runaway trains emergency response.<greek-th><greek-e>
         TITLE III--MISCELLANEOUS PROVISIONS<greek-th><greek-e>

Sec. 301. Technical amendments regarding enforcement by the Attorney 
                            General.<greek-th><greek-e>
Sec. 302. Technical amendments to civil penalty 
                            provisions.<greek-th><greek-e>
Sec. 303. Technical amendments to eliminate unnecessary 
                            provisions.<greek-th><greek-e><greek-th> x 

         TITLE I--AUTHORIZATION OF APPROPRIATIONS<greek-th> x 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.<greek-th> x 

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

      TITLE II--RULEMAKING, INSPECTION, ENFORCEMENT, AND PLANNING 
                         AUTHORITY<greek-th> x 

SEC. 201. NATIONAL CROSSING INVENTORY.<greek-th> x 

    (a) In General.--Chapter 201 is amended by adding at the end the 
following:<greek-th> x 
``Sec. 1A20154. National crossing inventory<greek-th> x 
    ``(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--<greek-th> x 
            ``(1) report to the Secretary of Transportation current 
        information, as specified by the Secretary, concerning each 
        previously unreported crossing through which it operates; 
        or<greek-th> x 
            ``(2) ensure that the information has been reported to the 
        Secretary by another railroad carrier that operates through the 
        crossing.<greek-th> x 
    ``(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--<greek-th> x 
            ``(A) report to the Secretary current information, as 
        specified by the Secretary, concerning each crossing through 
        which it operates; or<greek-th> x 
            ``(B) ensure that the information has been reported to the 
        Secretary by another railroad carrier that operates through the 
        crossing.<greek-th> x 
    ``(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.<greek-th> x 
    ``(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.<greek-th> x 
    ``(d) Definitions.--In this section:<greek-th> x 
            ``(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-- <greek-th> x 
                    ``(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<greek-th> x 
                    ``(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.<greek-th> x 
            ``(2) State.--The term `State' means a State of the United 
        States, the District of Columbia, or Puerto 
        Rico.''.<greek-th> x 
    (b) Conforming Amendment.--The chapter analysis for chapter 201 is 
amended by inserting after the item relating to section 20153 the 
following: <greek-th> x 

        <greek-th> x <greek-th><greek-e>``20154. National crossing 
                            inventory.''.<greek-th><greek-e><greek-th> x 

    (c) Reporting and Updating.--Section 130 of title 23, United States 
Code, is amended by adding at the end the following:<greek-th> x 
    ``(k) National Crossing Inventory.--<greek-th> x 
            ``(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.<greek-th> x 
            ``(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.<greek-th> x 
            ``(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.<greek-th> x 
            ``(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.''.<greek-th> x 
    (d) Civil Penalties.--<greek-th> x 
            (1) Section 21301(a)(1) is amended--<greek-th> x 
                    (A) by inserting ``with section 20154 or '' after 
                ``comply'' in the first sentence; and<greek-th> x 
                    (B) by inserting ``section 20154 of this title or'' 
                after ``violating'' in the second 
                sentence.<greek-th> x 
            (2) Section 21301(a)(2) is amended by inserting ``The 
        Secretary shall impose a civil penalty for a violation of 
        section 20154 of this title.'' after the first 
        sentence.<greek-th> x 

SEC. 202. GRADE CROSSING ELIMINATION AND CONSOLIDATION.<greek-th> x 

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

SEC. 203. MODEL LEGISLATION FOR DRIVER BEHAVIOR.<greek-th> x 

    (a) In General.--Section 20151 is amended--<greek-th> x 
            (1) by striking the section caption and inserting the 
        following:<greek-th> x 
``Sec. 1A20151. Strategy to prevent railroad trespassing and vandalism 
              and violation of grade crossing signals'';<greek-th> x 
            (2) by striking ``safety,'' in subsection (a) and inserting 
        ``safety and violations of highway-rail grade crossing 
        signals,'';<greek-th> x 
            (3) by striking the second sentence of subsection (a) and 
        inserting ``The evaluation and review shall be completed not 
        later than 1 year after the date of enactment of the Federal 
        Railroad Safety Improvement Act.''; and<greek-th> x 
            (4) by striking ``Model Legislation.--Within 18 months 
        after November 2, 1994, the'' in subsection (c) and inserting 
        ``Legislation for Vandalism and Trespassing Penalties.--The''; 
        and<greek-th> x 
            (5) by adding at the end the following:<greek-th> x 
    ``(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. <greek-th> x 
    ``(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--<greek-th> x 
            ``(1) to drive around or through a grade crossing gate in a 
        position intended to block passage over railroad 
        tracks;<greek-th> x 
            ``(2) to drive through a flashing grade crossing 
        signal;<greek-th> x 

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