**Brief Summary of Rail Safety Reauthorization Bill S. 1402**

**Passed by the Senate on Nov. 25, 2003**

**Reauthorization of Federal rail safety program for five years (FY
2004-2008)** (\' 101)

**Highway-rail crossing safety provisions**

\* mandate that the States and railroads file initial reports and
periodic updates to the U.S. Department of Transportation=s National
Crossing Inventory; require the Secretary of Transportation (Secretary)
to submit to Congress a plan on elimination and consolidation of grade
crossings; double the Section 130 incentive payments for closure of a
crossing; require the Secretary to develop model State legislation on
motorist behavior at grade crossings; reauthorize Operation Lifesaver,
Inc.; and require the Secretary to report to Congress on the effect of
blocked crossings on emergency response (\'\' 201-204, 214)

**Miscellaneous provisions**

\* clarify that the Secretary=s authority to issue regulations Afor
every area of railroad safety@ includes the authority to issue
regulations addressing threats to railroad security; and require that
the Secretaries of Transportation and Homeland Security sign a
memorandum of agreement governing the roles and responsibilities of
their respective departments in addressing transportation security,
including processes to promote communication, efficiency, nonduplication
(\' 205)

\* repeal requirement that railroads= accident reports to the Secretary
be made under oath; give the Secretary discretion to set the reporting
interval, but not less frequently than quarterly (\' 206)

\* permit the Secretary to authorize Federal railroad safety inspectors,
for the purpose of accident prevention, both to listen to railroads=
radio communications outside the presence of railroad employees and to
use the information obtained with certain exceptions (e.g., not as
direct evidence of violations) (\' 207)

\* require the Federal Railroad Administration=s (FRA) Railroad Safety
Advisory Committee to develop, and report to Congress, consensus
recommendations on changes needed to address fatigue management for
covered service employees; if no consensus, require the Secretary to
formulate and submit his or her own recommendations (\' 208)

\*set a six-month deadline for the Secretary to issue a final rule on
standards for positive train control (PTC) and authorize \$94 million in
matching grants for PTC demonstration projects (\'\' 209-210)

\* require the Secretary to survey railroad bridges and report to
Congress whether regulations are needed (\' 211)

\* expand the authority of railroad police under 49 U.S.C. 28101 to
enforce the laws of any State in which any railroad carrier operates or
has property (\' 212)

\* authorize a demonstration program to provide centralized training for
FRA employees; require report to Congress on results and recommendations
(\' 213)

\* mandate the issuance of regulations requiring that railroads (1)
immediately notify first responders in areas in the path of a runaway
train and (2) report to the Secretary each incident of a runaway train
(\' 215)

\* clarify U.S. district courts= jurisdiction over certain civil
enforcement actions (e.g., suits for injunctions against violations of
rail safety statutes); cross-reference the existing statutory
requirement to adjust civil penalties for inflation; extend existing
authority for offset collection of penalties and settlements to the
hours of service laws and other pre-1970 safety statutes; and eliminate
obsolete provisions (e.g., those already executed) (\'\' 301-303)