```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1496 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1496

  To authorize activities under the Federal railroad safety laws for 
        fiscal years 2000 through 2003, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 4, 1999

Mr. Hollings (by request) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
  To authorize activities under the Federal railroad safety laws for 
        fiscal years 2000 through 2003, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Railroad Safety Enhancement 
Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds and declares the following:
            (1) Consistent with the purposes of the Government 
        Performance and Results Act of 1993, the Federal Railroad 
        Administration has reshaped the regulatory and compliance 
        components of the Federal railroad safety program to ensure 
        that the entire program is squarely focused on achieving 
        demonstrable results, i.e., reducing the number of deaths and 
        injuries associated with railroading in the United States. The 
        foundation of the program is its emphasis on inclusion of all 
        interested parties--railroad employees and labor unions, 
        railroad management, manufacturers, State government groups, 
        and public associations--in identifying safety problems and 
        implementing solutions. This emphasis on safety partnership has 
        helped begin a transformation of key aspects of the corporate 
        culture of the Nation's railroads, a transformation that is 
        producing safety and business benefits.
            (2) The Safety Assurance and Compliance Program is an 
        approach to safety that emphasizes the active partnership of 
        the Federal Railroad Administration, rail labor 
        representatives, and railroad management in identifying current 
        safety problems and jointly developing effective solutions to 
        those problems. One fundamental principle of this approach is 
        tracing a safety problem to its root cause and attacking that 
        cause rather than only its symptoms. Where a problem is 
        determined to be system-wide, this approach calls for a system-
        wide solution. Under this approach, the Federal Railroad 
        Administration seeks to focus its inspection and enforcement 
        resources on the most serious safety problems. This approach 
        has demonstrated significant capacity for identifying and 
        eliminating the root cause of system-wide safety problems by 
        enlisting those most directly-affected by such problems--
        railroad employees and managers--in a partnership effort. Used 
        together with the Federal Railroad Administration's regular 
        inspections and enforcement tools, this approach provides a 
        firm basis for addressing the safety challenges facing the 
        changing railroad industry and advancing toward the safety 
        program's ultimate goal of zero tolerance for any safety hazard 
        in the railroad industry.
            (3) The Railroad Safety Advisory Committee, which was 
        established by the Federal Railroad Administration under the 
        Federal Advisory Committee Act (5 U.S.C. App. 2), is proving to 
        be an effective means of involving interested members of the 
        railroad community, including the staff of the National 
        Transportation Safety Board, in the development of railroad 
        safety rules issued by the Federal Railroad Administration. The 
        Congress strongly encourages the continued use of this 
        collaborative method of developing safety regulations, which is 
        more likely to produce rules that are based on an industry 
        consensus and, accordingly, more readily understood and more 
        consistently complied with, than rules produced under more 
        traditional methods.
            (4) A critical element for the sustained success of any 
        company's safety program is the establishment and growth of a 
        clearly defined, positive safety culture. The safety culture of 
        a company encompasses the beliefs, values, attitudes, and 
        practices shared by employees and company officials and 
        includes such matters as how decisions are made, who makes 
        them, how rewards and discipline are distributed, who is 
        promoted, and how people are treated. Many of today's most 
        successful organizations recognize that people are their most 
        important assets; they have come to realize that it is 
        important for managers and employees to share a common vision 
        and work in concert to pursue common goals. By exploring 
        innovative concepts involving employee empowerment, coaching, 
        counseling, and enhanced training often through joint 
        partnerships involving rail labor, railroad management, and the 
        Federal Railroad Administration--some railroads are seeking new 
        and better methods to promote compliance with company and 
        Federal safety rules and to promote the free flow of safety-
        related information to better identify safety hazards and 
        prevent injuries and accidents. The improvements in the 
        industry's safety culture that have resulted from these 
        initiatives hold the promise of increasing railroad safety to 
        historic levels and moving toward the ultimate goal of zero 
        tolerance for safety hazards. The Congress strongly endorses 
        efforts by the Federal Railroad Administration, rail labor, and 
        individual railroads to build meaningful safety partnerships 
        that foster positive safety cultures on the Nation's railroads. 
        The Federal Railroad Administration has committed to report 
        regularly to the Congress on the continuing evolution of the 
        railroad industry's safety culture.
            (5) Although advances have been made in the industry's 
        safety culture and rail safety trends are generally favorable, 
        in terms of total fatalities, employee and other injuries, and 
        grade crossing incidents, nevertheless, too many of these 
        accidents and incidents still occur, as illustrated by recent 
        fatalities related to railroading. In 1998, eight railroad 
        employees were killed in switching-related incidents, and one 
        was killed in a train collision. In the same year, hundreds of 
motorists, their passengers, and others lost their lives in grade 
crossing accidents and incidents, the vast majority of which are 
attributable to human factors involving the motorists. More recently, 
in March 1999, 11 Amtrak passengers died in a truck-train grade 
crossing collision at Bourbonnais, Illinois. Furthermore, each year 
approximately a third of all train accidents are caused by human 
factors. Clearly, there is a need for changes in the law to prevent 
deaths and accidents such as these by finding remedies to the kinds of 
conditions and behaviors that permitted these tragedies to occur; 
therefore, we enact the following statute, which deals with the 
critical human factor issues of fatigue and safety culture in the 
railroad industry, with grade crossing safety, and with other important 
rail safety issues.

SEC. 3. AMENDMENT OF TITLE 49, UNITED STATES CODE.

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

SEC. 4. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Amendment of title 49, United States Code.
Sec. 4. Table of contents.
                       TITLE I--HOURS OF SERVICE

Sec. 101. Definitions.
Sec. 102. Limitations on duty hours of train employees.
Sec. 103. Limitations on duty hours of signal employees.
Sec. 104. Limitations on duty hours of dispatching service employees.
Sec. 105. Conforming amendments regarding hours of service violations.
Sec. 106. Fatigue management plans.
Sec. 107. Joint submission of waiver petitions.
Sec. 108. Employee sleeping quarters.
         TITLE II--MONITORING OF RAILROAD RADIO COMMUNICATIONS

Sec. 201. Enhanced inspection and investigation authority under the 
                            Federal railroad safety laws.
Sec. 202. Exception to chapter 119, title 18, United States Code.
                    TITLE III--RULEMAKING AUTHORITY

Sec. 301. Railroad accident and incident reporting.
Sec. 302. High-speed rail noise regulation.
                   TITLE IV--WHISTLEBLOWER PROTECTION

Sec. 401. Expansion of employee protections.
                     TITLE V--GRADE CROSSING SAFETY

Sec. 501. Emergency notification of grade crossing problems.
Sec. 502. Grade crossing signal violations.
Sec. 503. National highway-rail crossing inventory.
                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Technical amendments regarding adjustment of civil penalties 
                            for inflation.
Sec. 602. Revision of special preemption provision.
Sec. 603. Railroad safety inspection user fees.
Sec. 604. Authorization of appropriations.

                       TITLE I--HOURS OF SERVICE

SEC. 101. DEFINITIONS.

    Section 21101 is amended--
            (1) by striking ``employed by a railroad carrier'' in 
        paragraph (4); and
            (2) by adding at the end the following:
            ``(6) `dually-employed' means being at the same time in the 
        employ of 2 or more railroad carriers, of 2 or more railroad 
        contractors, or of both 1 or more railroad carriers and 1 or 
        more railroad contractors.
            ``(7) `railroad contractor' or, in context, `contractor' 
        means an independent contractor to a railroad carrier or a 
        subcontractor to an independent contractor to a railroad 
        carrier.''.

SEC. 102. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOYEES.

    (a) Section 21103(a) is amended by--
            (1) striking ``officers'' and inserting ``managers, 
        supervisors, officers,'';
            (2) inserting ``(1)'' before ``Except'';
            (3) redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively; and
            (4) adding at the end the following:
            ``(2) Except as provided in subsection (c) of this section, 
        a railroad carrier and its managers, supervisors, officers, and 
        agents and a railroad contractor and the contractor's managers, 
        supervisors, officers, and agents may not, if the railroad 
        carrier or railroad contractor has actual knowledge that a 
        train employee is dually-employed and actual knowledge of the 
        individual's schedule for the time period in question, require 
        or allow the dually-employed train employee to remain or go on 
        duty, nor may a dually-employed train employee remain or go on 
        duty--
                    ``(A) unless that employee has had at least 8 
                consecutive hours off duty during the prior 24 hours; 
                or
                    ``(B) after that employee has been on duty for 12 
                consecutive hours, until that employee has had at least 
                10 consecutive hours off duty.''.
    (b) Section 21103 is amended by adding at the end the following:
    ``(d) Notice About Dual Employment and Schedule.--
            ``(1) Notification duties of railroad carriers and railroad 
        contractors.--Not later than January 31st each year, a railroad 
        carrier and a railroad contractor shall inform each of its 
        train employees in writing--
                    ``(A) that all time spent performing aggregate duty 
                on 1 or more railroad carriers or 1 or more railroad 
                contractors or a combination thereof counts towards the 
                limitations on duty hours of this section;
                    ``(B) about the employee's responsibilities under 
                paragraph (2) of this subsection; and
                    ``(C) about the penalties under section 21303 of 
                this title applicable to a failure to comply with 
                paragraph (2) of this subsection.
            ``(2) Duties of employees.--A dually-employed train 
        employee--
                    ``(A) shall inform each of his or her railroad 
                carrier employers and railroad contractor employers in 
                writing within 5 days of establishing an employee-
                employer relationship that results in the employee's 
                becoming dually-employed; and
                    ``(B) shall ensure that each of his or her railroad 
                carrier employers and railroad contractor employers is 
                kept informed about the employee's current work 
                schedule with each of his or her other employing 
                railroad carriers and railroad contractors and which 
                portions of that service are likely to be in covered 
                service.
            ``(3) Record retention duties of railroad carriers and 
        railroad contractors.--Upon receiving written notification of 
        dual employment, a railroad carrier or railroad contractor 
        shall--
                    ``(A) retain at the carrier's system and division 
                headquarters, or at the contractor's headquarters, 
                respectively, a copy of the notification for a period 
of 2 years after termination of such dual employment status; and
                    ``(B) make the record available to representatives 
                of the Secretary for inspection and copying during 
                normal business hours.''.

SEC. 103. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOYEES.

    (a) Section 21104(a)(2) is amended by--
            (1) striking ``officers'' and inserting ``managers, 
        supervisors, officers,''; and
            (2) adding at the end the following:
            ``(3) Except as provided in subsection (c) of this section, 
        a railroad carrier and its managers, supervisors, officers, and 
        agents and a railroad contractor and the contractor's managers, 
        supervisors, officers, and agents may not, if the railroad 
        carrier or railroad contractor has actual knowledge that a 
        signal employee is dually-employed and actual knowledge of the 
        individual's schedule for the time period in question, require 
        or allow the dually-employed signal employee to remain or go on 
        duty, nor may a dually-employed signal employee remain or go on 
        duty--
                    ``(A) unless that employee has had at least 8 
                consecutive hours off duty during the prior 24 hours;
                    ``(B) after that employee has been on duty for 12 
                consecutive hours, until that employee has had at least 
                10 consecutive hours off duty; or
                    ``(C) after that employee has been on duty a total 
                of 12 hours during a 24-hour period, or after the end 
                of that 24-hour period, whichever occurs first, until 
                that employee has had at least 8 consecutive hours off 
                duty.''.
    (b) Section 21104(b)(3) is amended by striking ``duty, except that 
up to 1 hour of that time spent returning from the final trouble call 
of a period of continuous or broken service is time off duty'' and 
inserting ``duty.''.
    (c) Section 21104 is amended by adding the following at the end:
    ``(d) Notice About Dual Employment and Schedule.--
            ``(1) Notification duties of railroad carriers and railroad 
        contractors.--Not later than January 31st of each year, a 
        railroad carrier or a railroad contractor shall inform each of 
        its signal employees in writing--
                    ``(A) that all time spent performing aggregate duty 
                on 1 or more railroad carriers or 1 or more railroad 
                contractors or a combination thereof counts towards the 
                limitations on duty hours of this section;
                    ``(B) about the employee's responsibilities under 
                paragraph (2) of this subsection; and
                    ``(C) about the penalties under section 21303 of 
                this title applicable to a failure to comply with 
                paragraph (2) of this subsection.
            ``(2) Duties of employees.--A dually-employed signal 
        employee--
                    ``(A) shall inform each of his or her railroad 
                carrier employers and railroad contractor employers in 
                writing within 5 days of establishing an employee-
                employer relationship that results in the employee's 
                becoming dually-employed; and
                    ``(B) shall ensure that each of his or her railroad 
                carrier employers and railroad contractor employers is 
                kept informed about the employee's current work 
                schedule with each of the other employing railroad 
                carriers and railroad contractors and which portions of 
                that service are likely to be in covered service.
            ``(3) Record retention duties of railroad carriers and 
        railroad contractors.--Upon receiving written notification of 
        dual employment, a railroad carrier or railroad contractor 
        shall--
                    ``(A) retain at the carrier's system and division 
                headquarters, or at the contractor's headquarters, 
                respectively a copy of the notification for a period of 
                2 years after termination of such dual employment 
                status; and
                    ``(B) make the record available to representatives 
                of the Secretary for inspection and copying during 
                normal business hours.''.

SEC. 104. LIMITATIONS ON DUTY HOURS OF DISPATCHING SERVICE EMPLOYEES.

    (a) Section 21105(b) is amended by--
            (1) striking ``or allowed'' and inserting ``or allowed by a 
        railroad carrier or its managers, supervisors, officers, and 
        agents'';
            (2) inserting ``(1)'' before ``Except'';
            (3) redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively; and
            (4) adding at the end the following:
            ``(2) Except as provided in subsection (d) of this section, 
        a railroad carrier and its managers, supervisors, officers, and 
        agents and a railroad contractor and the contractor's managers, 
        supervisors, officers, and agents may not, if the railroad 
        carrier or railroad contractor has actual knowledge that a 
        dispatching service employee is dually-employed and actual 
        knowledge of the individual's schedule for the time period in 
        question, require or allow the dually-employed dispatching 
        service employee to remain or go on duty, nor may a dually-
        employed dispatching service employee remain or go on duty, for 
        more than--
                    ``(A) a total of 9 hours during a 24-hour period in 
                a tower, office, station, or place at which at least 2 
                shifts are employed; or
                    ``(B) a total of 12 hours during a 24-hour period 
                in a tower, office, station, or place at which only 1 
                shift is employed.''.
    (b) Section 21105(c) is amended to read as follows:
    ``(c) Determining Time on Duty.--In determining under subsection 
(b) of this section the time a dispatching service employee is on or 
off duty, the following rules apply:
            ``(1) Time spent performing any other service for 1 or more 
        railroad carriers or 1 or more railroad contractors or a 
        combination thereof during a 24-hour period in which the 
        employee is on duty in a tower, office, station, or other place 
        is time on duty in that tower, office, station, or place, and 
        counts toward the employee's aggregate time on duty.
            ``(2) If during a 24-hour period an employee performs the 
        duties of a dispatching service employee for more than 1 
        railroad carrier or railroad contractor or for a railroad 
        carrier and a railroad contractor, and at least 1 of those 
        tours of duty is in a tower, office, station, or other place at 
        which at least 2 shifts are employed, then the duty limits of 
        subsection (b)(1) of this section apply.
            ``(3) All time on duty by the employee for any railroad 
        carrier or railroad contractor shall be included.''.
    (c) Section 21105 is amended by adding at the end the following:
    ``(e) Notice About Dual Employment and Schedule.--
            ``(1) Notification duties of railroad carriers and railroad 
        contractors.--Not later than January 31st each year, a railroad 
        carrier and a railroad contractor shall inform each of its 
        dispatching service employees in writing--
                    ``(A) that all time spent performing aggregate duty 
                on 1 or more railroad carriers or railroad contractors 
                or a combination thereof counts towards the limitations 
                on duty hours of this section;
                    ``(B) about the employee's responsibilities under 
                paragraph (2) of this subsection;
                    ``(C) about the penalties under section 21303 of 
                this title applicable to a failure to comply with 
                paragraph (2) of this subsection.
            ``(2) Duties of employees.--A dually-employed dispatching 
        service employee--
                    ``(A) shall inform each of his or her railroad 
                carrier employers and railroad contractor employers in 
                writing within 5 days of establishing an employee-
                employer relationship that results in the employee's 
                becoming dually-employed; and
                    ``(B) shall ensure that each of his or her railroad 
                carrier employers and railroad contractor employers is 
                kept informed about the employee's current work 
                schedule with each of his or her other employing 
                railroad carriers and railroad contractors and which 
                portions of that service are likely to be in covered 
                service.
            ``(3) Record retention duties of railroad carriers and 
        railroad contractors.--Upon receiving written notification of 
        dual employment, a railroad carrier or a railroad contractor 
        shall--
                    ``(A) retain at the carrier's system and division 
                headquarters, or at the railroad contractor's 
                headquarters, a copy of the notification for a period 
                of 2 years after termination of such dual employment 
                status; and
                    ``(B) make the record available to representatives 
                of the Secretary for inspection and copying during 
                normal business hours.''.

SEC. 105. CONFORMING AMENDMENTS REGARDING HOURS OF SERVICE VIOLATIONS.

    (a) Section 21106 is amended by striking ``officers'' and inserting 
``managers, supervisors, officers,''.
    (b) Section 21303(c) is amended by striking ``officers'' and 
inserting ``managers, supervisors, officers,''.

SEC. 106. FATIGUE MANAGEMENT PLANS.

    (a) In General.--Chapter 211 is amended by adding at the end the 
following:
``Sec.  21109. Fatigue management plans
    ``(a) Submission of Plans and Amendments.--
            ``(1) Each Class I and Class II railroad carrier, each 
        railroad carrier providing intercity railroad passenger 
        service, and each railroad carrier providing commuter or other 
        short-haul railroad passenger service in a metropolitan or 
        suburban area, shall submit to the Secretary of Transportation 
        a fatigue management plan that is designed to reduce the 
        fatigue experienced by railroad employees (as defined by 
        section 21101 of this chapter) covered by the hours of service 
        laws and railroad employees who construct or maintain track, 
        and to reduce the likelihood of accidents and injuries caused 
        by fatigue. The plan shall discuss each of the elements set 
        forth in subsection (b) of this section and shall be submitted 
        not more than 1 year after enactment of this section, or not 
        less than 45 days prior to commencing railroad operations, 
        whichever is later. However, with respect to any group of 
        directly-affected employees, a carrier may submit its plan 
        within 2 years of enactment if, within 1 year of enactment, it 
        submits to the Secretary a letter signed by the labor 
        organization representing those employees stating that the 
        carrier is actively involved in negotiating a fatigue 
        management plan with that organization. A carrier shall file 
        any amendment to its plan with the Secretary.
            ``(2) Each Class III railroad carrier that operates on the 
        track of a carrier subject to paragraph (1) of this subsection 
        (or otherwise engages in joint operations with a carrier 
        subject to paragraph (1) of this subsection), except as 
        necessary for purposes of interchange, shall submit to the 
        Secretary a fatigue management plan that is designed to reduce 
        the fatigue experienced by train employees (as defined by 
        section 21101 of this chapter) covered by the hours of service 
        laws and to reduce the likelihood of accidents and injuries 
        caused by fatigue. However, the plan submitted by each affected 
        Class III railroad carrier need not discuss employees who are 
        not engaged in or connected with the movement of a train over 
        the track of a carrier subject to paragraph (1) of this 
        subsection (or otherwise engage in joint operations with a 
        carrier subject to paragraph (1) of this subsection) except as 
        necessary for the purpose of interchange. The plan shall 
        discuss the elements set forth in subsection (b) of this 
        section and shall be submitted not more than three years after 
        enactment of this section, or not less than 60 days prior to 
        commencing railroad operations, whichever is later.
            ``(3) Each railroad carrier subject to paragraph (1) or (2) 
        of this subsection shall implement its plan and any amendment 
        to that plan no later than 90 days after the date of its 
        submission to the Secretary. If the plan fails to contain a 
        discussion of any required element, the Secretary shall notify 
        the carrier as to the specific element or elements that were 
        omitted. The carrier shall then submit an amended plan within 
        90 days of such notification.
            ``(4)(A) Each railroad carrier subject to paragraph (1) or 
        (2) of this subsection shall employ good faith and use its best 
        efforts to reach agreement by consensus with all of its 
        directly-affected employee groups (including each labor 
        organization representing a class or craft of directly-affected 
        employees of the railroad carrier (as applicable)) on the 
        contents of the fatigue management plan and amendments to the 
        plan, and, wherever possible, the carrier and those employee 
        groups shall jointly submit the plan and each amendment to the 
        Secretary.
            ``(B) If the carrier and its employees cannot reach 
        consensus on the contents of the plan or an amendment to the 
        plan, then--
                    ``(i) the carrier shall file the plan or amendment 
                with the Secretary as required by subsection (a) of 
                this section; and
                    ``(ii) each directly-affected employee group (as 
                applicable), may include in the plan or an amendment to 
                a plan a statement explaining its views on the plan or 
                amendment on which consensus was not reached.
    ``(b) Elements of the Fatigue Management Plan.--
            ``(1) General factors.--The fatigue management plan and 
        each amendment shall--
                    ``(A) be based upon scientific knowledge and 
                literature relating to fatigue;
                    ``(B) describe the methods and measures the carrier 
                will utilize to determine the effectiveness of each 
                fatigue countermeasure;
                    ``(C) take into account the varying circumstances 
                of operations by the railroad carrier on different 
                parts of its system, and what variations in fatigue 
                countermeasures are appropriate to address those 
                varying circumstances; and
                    ``(D) to the extent that implementation of the plan 
                is connected in any way to a waiver request submitted 
                under section 21108 of this chapter, discuss that 
                connection.
            ``(2) Subjects that concern all directly-affected 
        employees.--With respect to directly-affected employees, 
        whether working in scheduled or nonscheduled service, the plan 
        shall discuss the following subjects:
                    ``(A) Education and training on the physiological 
                and other human factors that affect fatigue, as well as 
                strategies to counter fatigue.
                    ``(B) Joint labor-management initiatives concerning 
                the identification, diagnosis, and treatment of sleep 
                disorders that could contribute to fatigue.
                    ``(C) Methods of avoiding increased fatigue due to 
                the need to respond to emergency situations, such as 
                derailments and natural disasters.
                    ``(D) Scheduling practices that improve work/rest 
                cycles and minimize cumulative sleep loss and fatigue.
                    ``(E) Methods used to determine that current and 
                future staffing levels are adequate to ensure that 
                current and anticipated workloads can be handled 
                without exacerbating fatigue on the part of affected 
                employees.
                    ``(F) Alertness strategies to address acute 
                sleepiness and fatigue while an employee is on duty.
                    ``(G) Opportunities to obtain restful sleep at 
                lodging facilities.
                    ``(H) How to minimize disturbances of the 
                employee's rest within the carrier's control during 
                rest periods.
            ``(3) Subjects that concern directly-affected employees in 
        nonscheduled service.--With respect to directly-affected 
        employees working in nonscheduled service, the plan shall also 
        discuss the following subjects:
                    ``(A) Methods of affording greater scheduling 
                predictability to allow an employee to better plan 
                personal activities, sleep, and preparation for work 
                during the off-duty period.
                    ``(B) How to provide employees with opportunities 
                to take days off from work on a scheduled basis.
                    ``(C) How to avoid abrupt changes in rest cycles 
                for employees returning to duty after an extended 
                absence due to circumstances including illness, injury, 
                or vacation.
                    ``(D) Ways to minimize the amount of time that 
                employees spend awaiting the arrival of deadhead 
                transportation to their points of final release, and to 
                mitigate the fatigue consequences of excessive waiting 
                time.
                    ``(E) How to maximize the amount of rest time given 
                at the employee's home terminal.
    ``(c) Reports to the Secretary on Effectiveness of 
Countermeasures.--
            ``(1) Each railroad carrier required by subsection (a)(1) 
        to submit a fatigue management plan shall also submit to the 
        Secretary by June 30 of the years 2000 through 2003, an annual 
        report on the effectiveness of each fatigue countermeasure that 
        it has employed, including a description of the methods and 
        measures employed by the carrier to determine the effectiveness 
        of these countermeasures and any problems encountered in 
        implementing them. In preparing each report, a carrier shall 
        consult with the labor organizations that represent the classes 
        or crafts of directly-affected employees of the railroad 
        carrier; each report shall include any comments these 
        organizations have on the report.
            ``(2) Each railroad carrier required by subsection (a)(2) 
        to submit a fatigue management plan for its affected train 
        employees shall also submit to the Secretary by June 30, 2003, 
        a report on the effectiveness of each fatigue countermeasure 
        that it has employed, including a description of the methods 
        and measures employed by the carrier to determine the 
        effectiveness of these countermeasures and any problems 
        encountered in implementing them. In preparing the report, a 
        carrier shall consult with the labor organizations that 
        represent the affected train employees of the carrier. The 
        report shall include any comments these organizations have made 
        on the report.
    ``(d) Secretary's Assessment of Fatigue Countermeasures.--The 
Secretary shall, at least once every fiscal year for the fiscal years 
2000 through 2003, provide to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a current assessment 
(which may be in letter form) of fatigue mitigation efforts by railroad 
carriers and their directly-affected employees, a summary of any 
regulatory or other action the Secretary intends to take regarding 
fatigue mitigation, and any recommendations for legislative 
action concerning fatigue. In making such recommendations, the 
Secretary shall consider whether, in the interest of railroad safety, 
additional categories or classes of railroad carriers should be 
required to submit fatigue management plans, including whether 
additional categories or classes of carrier employees should be 
covered.
    ``(e) Enforcement.--
            ``(1) It is a violation of this section for a railroad 
        carrier subject to this section to--
                    ``(A) fail to submit to the Secretary a fatigue 
                management plan or, if any, an amendment to a fatigue 
                management plan, by the required date;
                    ``(B) submit a fatigue management plan that fails 
                to contain a discussion of the elements required to be 
                included under subsection (b) of this section, unless 
                the carrier submits a properly amended plan within the 
                time provided under subsection (a)(3) of this section;
                    ``(C) fail to implement substantially its fatigue 
                management plan by the required date;
                    ``(D) fail to submit to the Secretary a report 
                under subsection (c) of this section by the required 
                date; or
                    ``(E) submit a report under subsection (c) of this 
                section that does not contain a discussion of the 
                elements required to be included.
            ``(2) Every day that a violation continues constitutes a 
        separate violation.
            ``(3) In addition to other enforcement actions available 
        with regard to violations of this section, the Secretary may, 
        with regard to violations described in paragraph (1) (A) or (C) 
        of this subsection, issue an order under section 20111 of this 
        part, directing the carrier to implement whatever fatigue 
        mitigation measures the Secretary finds to be appropriate to 
        deal with the lack of a plan or lack of substantial 
        implementation of 1 or more elements of a plan, which may 
        include restrictions on maximum on-duty hours or minimum off-
        duty periods, or both, that are more stringent than the 
        restrictions of this chapter, such as minimum periods of 
        advance notice of reporting times, minimum periods of 
        undisturbed rest, a specified number of days off in a week or 
        month, longer periods off duty, and shorter periods on duty.
    ``(f) Definitions.--In this section:
            ``(1) Directly-affected employee.--The term `directly-
        affected employee' means--
                    ``(A) with respect to a Class I or II railroad 
                carrier or a railroad carrier providing intercity 
                railroad passenger service or commuter or other short-
                haul railroad passenger service in a metropolitan or 
                suburban area, an employee of that carrier covered by 
                the hours of service laws and an employee of that 
                carrier who constructs or maintains track and is 
                therefore covered by the terms of the plan; and
                    ``(B) with respect to a Class III railroad carrier, 
                a train employee (as defined by section 21101 of this 
                chapter) covered by the hours of service laws who is 
                engaged in or connected with the movement of a train 
                over the track of a carrier subject to subsection 
                (a)(1) of this section (or otherwise engaged in joint 
                operations with a carrier subject to subsection (a)(1) 
                of this section) except as necessary for purposes of 
                interchange.
            ``(2) Employee in nonscheduled service.--The term `employee 
        in nonscheduled service' means a directly-affected employee who 
        is assigned to work a tour of duty without regular and 
        predictable starting and stopping times.
    ``(g) Consultation with Knowledgeable Groups.--In carrying out 
duties under this section, the Secretary may consult with and receive 
advice and recommendations from any group comprised of labor and 
management representatives with relevant expertise, including the North 
American Rail Alertness Partnership, or technical experts. Such 
consultation is not subject to the Federal Advisory Committee Act (5 
U.S.C. App.).''.
    (b) Conforming Amendment.--The chapter analysis for chapter 211 is 
amended by adding at the end the following new item:

``21109. Fatigue management plans.''.

SEC. 107. JOINT SUBMISSION OF WAIVER PETITIONS.

    (a) Amendment.--Section 21108 is amended to read as follows:
``Sec.  21108. Joint submission of waiver petitions
    ``(a) Waiver.--
            ``(1) Petition.--A railroad carrier (including a Class III 
        railroad carrier) and all labor organizations representing any 
        class or craft of directly-affected employees of the railroad 
        carrier may jointly petition the Secretary of Transportation 
        for approval of a waiver, in whole or in part, of compliance 
        with this chapter, in order to implement alternatives to the 
        strict application of the requirements of this chapter to such 
        class or crafts of employees, including requirements concerning 
        maximum on-duty and minimum off-duty periods. If the petition 
        has any connection to a fatigue management plan that has been 
        or will be submitted under section 21109 of this chapter, the 
        petition shall explain the relationship between the waiver 
        being sought and any specific provisions of that plan.
            ``(2) Authority to waive.--Based on such a joint petition 
        under paragraph (1) or paragraph (3) of this subsection, the 
        Secretary may, after notice and opportunity for comment, waive 
        in whole or in part compliance with this chapter for any 
        specified time period, if the Secretary determines that such a 
        waiver of compliance is in the public interest and consistent 
        with railroad safety. A waiver is consistent with railroad 
        safety if it is demonstrated that the employees involved will 
        perform their job functions at a level of safety at least 
        functionally equivalent to that afforded by the provision or 
        provisions of this chapter sought to be waived. A notice of any 
        petition under this section and an explanation of any waiver 
        granted under this section shall be published in the Federal 
        Register.
            ``(3) When employees are not represented by labor 
        organizations.--If labor organizations do not represent classes 
        or crafts of directly-affected employees of a railroad carrier, 
        the carrier may, after consulting with all of its directly-
        affected employee groups in drafting the waiver request, 
        request the waiver of any provisions of this chapter, subject 
        to the same conditions and procedures as a request made under 
        paragraph (1) of this subsection.
    ``(b) Definition.--In this section, `directly-affected employee' 
means an employee covered by the hours of service laws to whose hours 
of service the terms of the waiver petitioned for specifically 
apply.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 211 is 
amended by striking the item relating to section 21108 and inserting 
the following:

``21108. Joint submission of waiver petitions.''.

SEC. 108. EMPLOYEE SLEEPING QUARTERS.

    Section 21106 is amended--
            (1) by inserting ``(a) Sleeping Quarters.--'' before ``A 
        railroad carrier and its'';
            (2) by striking ``and'' at the end of paragraph (1);
            (3) by striking ``performed.'' in paragraph (2) and 
        inserting ``performed; and'';
            (4) by adding at the end the following:
            ``(3) may not, after January 1, 2002, provide sleeping 
        quarters (including crew quarters, camp or bunk cars, and 
        trailers) for employees, and any individuals employed to 
        maintain the right of way of a railroad carrier in an area or 
        in the immediate vicinity of an area in which railroad 
        switching or humping operations are performed.
    ``(b) Immediate Vicinity Defined.--In subsection (a)(3), the term 
`immediate vicinity' means the area within one-half mile of switching 
or humping operations as measured from the nearest rail of the nearest 
trackage where switching or humping operations are performed to the 
exterior wall of the structure housing the sleeping quarters that is 
closest to such operations.''.

         TITLE II--MONITORING OF RAILROAD RADIO COMMUNICATIONS

SEC. 201. ENHANCED INSPECTION AND INVESTIGATION AUTHORITY UNDER THE 
              FEDERAL RAILROAD SAFETY LAWS.

    Section 20107 is amended by adding at the end thereof following:
    ``(c) Railroad Radio Communications.--
            ``(1) To carry out the Secretary's responsibilities under 
        this part, officers, employees, or agents of the Secretary are 
        authorized to conduct the following kinds of inspection and 
        investigative activities at reasonable times:
                    ``(A) To listen to a radio communication that is 
                broadcast or transmitted over a frequency authorized by 
                the Federal Communications Commission to a railroad 
                carrier, 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) To communicate the existence, contents, 
                substance, purport, effect, or meaning of the 
                communication, subject to the restrictions in paragraph 
                (3) of this subsection.
                    ``(C) To receive or assist in receiving the 
                communication (or any information therein contained).
                    ``(D) Having received the communication or having 
                become acquainted with the contents, substance, 
                purport, effect, or meaning of the communication (or 
                any part thereof), to disclose the contents, substance, 
                purport, effect, or meaning of the communication (or 
                any part thereof of such communication) or use the 
                communication (or any information contained therein), 
                subject to the restrictions in paragraph (3) of this 
                subsection.
                    ``(E) To record the communication by any means, 
                including writing and tape recording.
            ``(2) The purposes for which officers, employees, or agents 
        of the Secretary are permitted to engage in the activities set 
        forth in paragraph (1) of this subsection include rulemaking, 
        accident investigating, and acquiring general information as to 
        railroad operations.
            ``(3) Information obtained in compliance with paragraphs 
        (1) and (2) of this subsection may not be used as evidence for 
        the assessment or collection of civil penalties or for the 
        implementation of other enforcement mechanisms provided in 
        sections 20702(b), 20111, 20112, 20113, or 20114 of this title 
        and may not be conveyed to a railroad carrier, but may be used 
        as background for further investigation which might lead to the 
        discovery of other useful evidence.
            ``(4) The authority granted by this subsection shall be an 
        exception to the general prohibitions of section 705 of the 
        Communications Act of 1934 (47 U.S.C. 605), and chapter 119 of 
        title 18, United States Code.
    ``(d) At Reasonable Times 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. 202. EXCEPTION TO CHAPTER 119, TITLE 18, UNITED STATES CODE.

    Section 2511(2) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(i) Notwithstanding any other provision of this chapter 
        or section 705 of the Communications Act of 1934 (47 U.S.C. 
        605), officers, employees, or agents of the Secretary of 
        Transportation in the normal course of employment and in 
        furtherance of the Federal railroad safety laws under subtitle 
        V of part A of title 49, United States Code, may intercept 
        radio communications broadcast or transmitted over a frequency 
        authorized by the Federal Communications Commission to a 
        railroad carrier and may disclose or use the information 
        thereby obtained, for the purposes and to the extent permitted 
        by section 20107(c) of title 49.''.

                    TITLE III--RULEMAKING AUTHORITY

SEC. 301. RAILROAD ACCIDENT AND INCIDENT REPORTING.

    Section 20901(a) is amended to read as follows:
    ``(a) General Requirements.--On a periodic basis not less often 
than monthly or, if no qualifying accident or incident occurs, on a 
periodic basis not less often than quarterly, as specified by the 
Secretary of Transportation, 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 that month or other applicable 
period. The report shall state the nature, cause, and circumstances of 
each reported accident or incident. If a railroad carrier assigns human 
error as a cause, the report shall include, at the option of each 
employee whose error is alleged, a statement by the employee explaining 
any factors the employee alleges contributed to the accident or 
incident.''.

SEC. 302. HIGH-SPEED RAIL NOISE REGULATION.

    (a) Amendment.--Chapter 201 is amended by adding at the end the 
following:
``Sec.  20154. High-speed rail noise regulation
    ``The Secretary of Transportation, with the concurrence of the 
Administrator of the Environmental Protection Agency, shall prescribe 
regulations governing noise emissions from high-speed rail systems, 
including magnetic levitation systems, when operating at speeds greater 
than 150 miles per hour. Railroad-related noise regulations issued 
pursuant to the Noise Control Act of 1972 (42 U.S.C. 4916(a)) shall 
govern noise emissions from locomotives, cars, and consists of 
locomotives and cars, when operating at speeds equal to or less than 
150 miles per hour.''.
    (b) Conforming Amendment.--The chapter analysis of chapter 201 is 
amended by inserting after the item relating to section 20153 the 
following:

``20154. High-speed rail noise regulation.''.

                   TITLE IV--WHISTLEBLOWER PROTECTION

SEC. 401. EXPANSION OF EMPLOYEE PROTECTIONS.

    (a) Section 20109(a) is amended--
            (1) by striking ``Complaints and Testifying'' in the 
        subsection heading and inserting ``Complaints, Testifying, 
        Reporting Injuries and Illnesses, and Cooperating with Safety 
        Investigations'';
            (2) by striking ``or'' following the semicolon in paragraph 
        (1); and
            (3) by striking ``proceeding.'' in paragraph (2) and 
        inserting ``proceeding;''; and
            (4) by adding at the end the following:
            ``(3) notified, or attempted to notify, the railroad 
        carrier of a work-related personal injury or work-related 
        illness of an employee; or
            ``(4) cooperated with a safety investigation by the 
        Secretary of Transportation or the National Transportation 
        Safety Board.''.
    (b) Section 20109(b) is amended--
            (1) by striking the subsection heading and inserting 
        ``Hazardous Conditions.--'';
            (2) by inserting ``or against an employee responsible for 
        the inspection or repair of safety-related equipment, track, or 
        structures for refusing to authorize the use of such equipment, 
        track, or structures when the employee believes that the 
        equipment, track, or structures are in a hazardous condition 
        and that the use of the equipment, track, or structures would 
        endanger human life,'' in paragraph (1) after ``performance of 
        the employee's duties,''; and
            (3) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) the employee, where possible, has notified 
                the carrier of the existence of the hazardous condition 
                and the intention not to perform further work or not to 
                authorize the use of the hazardous equipment, track, or 
                structures, unless the condition is corrected 
                immediately or the equipment, track, or structures are 
                repaired properly or replaced.''.
    (c) Section 20109(c) is amended to read as follows:
    ``(c) Dispute Resolution.--
            ``(1) In general.--A dispute, grievance, or claim arising 
        under this section is subject to resolution--
                    ``(A) under section 3 of the Railway Labor Act (45 
                U.S.C. 553); or
                    ``(B) through a tort action brought by the employee 
                in a district court of the United States.
            ``(2) Expedited resolution under railway labor act.--In a 
        proceeding by the National Railroad Adjustment Board, a 
        division of delegate of the Board, or another board of 
        adjustment established under section 3 (45 U.S.C. 553) to 
        resolve the dispute, grievance, or claim, the proceeding shall 
        be expedited and the dispute, grievance, or claim shall be 
        resolved not later than 180 days after it is filed.
            ``(3) Venue.--A tort action under paragraph (1)(B) of this 
        subsection may be brought in the judicial district in which the 
        dispute, grievance, or claim arose or the defendant has its 
        principal executive office.
            ``(4) Relief.--If the employee has been found by the Board, 
        division, delegate, or other board of adjustment or by the 
        court, as applicable, to have been discharged, suspended, or 
        otherwise discriminated against in violation of subsection (a) 
        or (b) of this section, the Board division, delegate, or other 
        board of adjustment or the court, as applicable--
                    ``(A) may award reasonable damages, including 
                punitive damages sufficient to deter the railroad 
                carrier from such conduct in the future up to $100,000; 
                and
                    ``(B) shall make the employee whole, including 
                reinstatement, with an award of back pay, and with all 
                benefits and accumulated seniority.''.

                     TITLE V--GRADE CROSSING SAFETY

SEC. 501. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS.

    Section 20152 is amended to read as follows:
``Sec.  20152. Emergency notification of grade crossing problems
    ``(a) Program.--
            ``(1) The Secretary of Transportation shall promote the 
        establishment of emergency notification systems utilizing toll-
        free telephone numbers that the public can use to convey to 
        railroad carriers, either directly or through public safety 
        personnel, information about malfunctions of automated warning 
        devices or other safety problems at highway-rail grade 
        crossings.
            ``(2) To assist in encouraging widespread use of such 
        systems, the Secretary may provide technical assistance and 
        enter into cooperative agreements. Such assistance shall 
        include appropriate emphasis on the public safety needs 
        associated with operation of small railroads.
    ``(b) Report.--Not later than 24 months following enactment of the 
Federal Railroad Safety Enhancement Act of 1999, the Secretary shall 
report to Congress the status of such emergency notification systems, 
together with any recommendations for further legislation that the 
Secretary considers appropriate.
    ``(c) Clarification of Term.--In this section, the use of the term 
`emergency' does not alter the circumstances under which a signal 
employee subject to the hours of service law limitations in chapter 211 
of this title may be permitted to work up to 4 additional hours in a 
24-hour period when an actual emergency under section 21104(c) of this 
title exists and the work of that employee is related to the 
emergency.''.

SEC. 502. VIOLATION OF GRADE CROSSING SIGNALS.

    (a) In General.--Section 20151 is amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec.  20151. Strategy to prevent railroad trespassing and vandalism 
              and violation of grade crossing signals'';
            (2) by striking ``and vandalism affecting railroad safety'' 
        in subsection (a) and inserting ``, vandalism affecting 
        railroad safety, and violations of highway-rail grade crossing 
        signals'';
            (3) by inserting ``, concerning trespassing and 
        vandalism,'' in subsection (a) after ``such evaluation and 
        review''; and
            (4) by inserting ``The second such evaluation and review, 
        concerning violations of highway-rail grade crossing signals, 
        shall be completed not later than 1 year after the date of 
        enactment of the Federal Railroad Safety Enhancement Act of 
        1999'' in subsection (a) after ``1994.'';
            (5) by inserting ``for Trespassing and Vandalism 
        Prevention'' in the subsection heading of subsection (b) after 
        ``Outreach Program'';
            (6) by inserting ``(1)'' in subsection (c) before 
        ``Within'';
            (7) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (8) by adding at the end of subsection (c) the following:
            ``(2) Not later than 2 years after the date of the 
        enactment of the Federal Railroad Safety Enhancement Act of 
        1999, 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.''; and
            (9) by adding at the end the following:
    ``(d) Violation of Highway-Rail Grade Crossing Signals 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; or
            ``(4) in the vicinity of a grade crossing, that creates a 
        hazard of an accident involving injury or property damage at 
        the grade crossing.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 is 
amended by striking the item relating to section 20151 and inserting 
the following:

``20151. Strategy to prevent railroad trespassing and vandalism and 
                            violation of grade crossing signals.''.

SEC. 503. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY.

    (a) Amendment.--Subchapter II of chapter 201, as amended by this 
Act, is further amended by adding at the end the following new section:
``Sec.  20155. National highway-rail crossing inventory
    ``(a) Mandatory Initial Reporting of Crossing Information.--No 
later than September 30, 2001, each railroad carrier shall--
            ``(1) report to the Secretary of Transportation certain 
        information, as specified by the Secretary by rule or order 
        issued after notice and opportunity for public comment or by 
        guidelines, concerning each highway-rail crossing through which 
        the carrier operates; or
            ``(2) otherwise ensure that the information has been 
        reported to the Secretary by that date.
    ``(b) Mandatory Periodic Updating of Crossing Information.--On a 
periodic basis beginning no later than September 30, 2003, and not less 
often than September 30 of every third year thereafter, or as otherwise 
specified by the Secretary of Transportation by rule or order issued 
after notice and opportunity for public comment or by guidelines, each 
railroad carrier shall--
            ``(1) report to the Secretary certain current information, 
        as specified by the Secretary by rule or order issued after 
        notice and opportunity for public comment or by guidelines, 
        concerning each highway-rail grade crossing through which it 
        operates; or
            ``(2) otherwise ensure that the information has been 
        reported to the Secretary by that date.
    ``(c) Definitions.--In this section:
            ``(1) Highway-rail crossing.--The term `highway-rail 
        crossing' means a location within a State where a public 
        highway, road, street, or private roadway, including associated 
        sidewalks and pathways, crosses 1 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, Puerto Rico, the Northern 
        Mariana Islands, Guam, American Samoa, and the Virgin 
        Islands.''.
    (b) Conforming Amendment.--The table of sections for chapter 201 is 
amended by adding after new item 20155 the following new item:

``20155. National highway-rail crossing inventory.''.
    (c) Amendment.--Section 130 of title 23, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec.  130. Highway-rail crossings'';
            (2) by adding at the end the following:
    ``(k) National Highway-Rail Crossing Inventory.--
            ``(1) Mandatory initial reporting of crossing 
        information.--No later than September 30, 2001, each State 
        shall--
                    ``(A) report to the Secretary of Transportation 
                certain information, as specified by the Secretary by 
                rule or order issued after notice and opportunity for 
                public comment or by guidelines, concerning each 
                highway-rail crossing located within its borders; or
                    ``(B) otherwise ensure that the information has 
                been reported to the Secretary by that date.
            ``(2) Mandatory periodic updating of crossing 
        information.--On a periodic basis beginning no later than 
        September 30, 2003, and not less often than September 30 of 
        every third year thereafter, or as otherwise specified by the 
        Secretary of Transportation by rule or order issued after 
        notice and opportunity for public comment or by guidelines, 
        each State shall--
                    ``(A) report to the Secretary certain current 
                information, as determined by the Secretary by rule or 
                order issued after notice and opportunity for public 
                comment or by guidelines, concerning each highway-rail 
                crossing located within its borders; or
                    ``(B) otherwise ensure that the information has 
                been reported to the Secretary by that date.
            ``(3) Definitions.--In this subsection--
                    ``(A) Highway-rail crossing.--The term `highway-
                rail crossing' means a location where a public highway, 
                road, street, or private roadway, including associated 
                sidewalks and pathways, crosses 1 or more railroad 
                tracks either at grade or grade separated.
                    ``(B) State.--The term `State' means a State of the 
                United States, the District of Columbia, Puerto Rico, 
                the Northern Mariana Islands, Guam, American Samoa, and 
                the Virgin Islands.''.
    (d) Conforming Amendment.--The chapter analysis for chapter 1 of 
title 23, United States Code, is amended by striking the item relating 
to section 130 and inserting the following:

``130. Highway-rail crossings.''.
    (e) Civil Penalties.--
            (1) Section 21301(a)(1) is amended--
                    (A) by striking ``title.'' and inserting ``title or 
                with section 20155.''; and
                    (B) by inserting ``or violating section 20155'' 
                after ``chapter 201'' in the second sentence.
            (2) Section 21301(a)(2) is amended by inserting after the 
        first sentence the following: ``The Secretary shall impose a 
        civil penalty for a violation of section 20155 of this title''.

                   TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. TECHNICAL AMENDMENTS REGARDING ADJUSTMENT OF CIVIL PENALTIES 
              FOR INFLATION.

    (a) Chapter 201 General Violations.--Section 21301(a)(2) is amended 
by--
            (1) striking ``$10,000.'' and inserting ``$10,000 or such 
        other amount to which the stated maximum penalty is adjusted if 
        required by the Federal Civil Penalties Inflation Adjustment 
        Act of 1990 (28 U.S.C. 2461 note).''; and
            (2) striking ``$20,000.'' and inserting ``$20,000 or such 
        other amount to which the stated maximum penalty is adjusted if 
        required by the Federal Civil Penalties Inflation Adjustment 
        Act of 1990 (28 U.S.C. 2461 note).''.
    (b) Chapter 201 Accident and Incident Violations and Chapter 203-
209 Violations.--Section 21302(a)(2) is amended by
            (1) striking ``$10,000.'' and inserting ``$10,000 or such 
        other amount to which the stated maximum penalty is adjusted if 
        required by the Federal Civil Penalties Inflation Adjustment 
        Act of 1990 (28 U.S.C. 2461 note).''; and
            (2) striking ``$20,000.'' and inserting ``$20,000 or such 
        other 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).''.
    (c) Chapter 211 Violations.--Section 21303(a)(2) is amended by--
            (1) striking ``$10,000.'' and inserting ``$10,000 or such 
        other amount to which the stated maximum penalty is adjusted if 
        required by the Federal Civil Penalties Inflation Adjustment 
        Act of 1990 (28 U.S.C. 2461 note).''; and
            (2) striking ``$20,000.'' and inserting ``$20,000 or such 
        other 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).''.

SEC. 602. REVISION OF SPECIAL PREEMPTION PROVISION.

    Section 711 of the Regional Rail Reorganization Act of 1973 (45 
U.S.C. 797j), is amended to read as follows:
    ``Sec. 711. No State may continue in force any law, rule, 
regulation, order, or standard adopted before the date of enactment of 
the Federal Railroad Safety Enhancement Act of 1999 requiring any 
railroad in the Region to employ any specified number of persons to 
perform any particular task, function, or operation, or requiring the 
railroad to pay protective benefits to employees.''.

SEC. 603. RAILROAD SAFETY INSPECTION USER FEES.

    Section 20115 is amended--
            (1) striking ``chapter.'' in subsection (a) and inserting 
        ``part.''; and
            (2) striking subsection (a)(1) and inserting the following:
            ``(1) shall cover the costs incurred by the Federal 
        Railroad Administration in carrying out this part and chapter 
        51 of this title;'';
            (3) by striking subsection (c) and inserting the following:
    ``(c) Collection, Deposit, and Use.--
            ``(1) The Secretary is authorized to impose and collect 
        fees under this section for each fiscal year (beginning with 
        fiscal year 2000) before the end of the fiscal year to cover 
        the costs of carrying out this part and Federal Railroad 
        Administration activities in connection with chapter 51 of this 
        title.
            ``(2) Fees authorized under this section shall be collected 
        and available for obligation only to the extent and in the 
        amount provided in advance in appropriations acts. Such fees 
        are authorized to be appropriated to remain available until 
        expended.''; and
            (4) by striking subsections (d) and (e).

SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

    Section 20117(a) is amended to read as follows:
    ``(a) In General.--There are authorized to be appropriated to the 
Secretary of Transportation to carry out this part and to carry out 
chapter 51 of this title with respect to the railroad mode of 
transportation--
            ``(1) for the fiscal year ending September 30, 2000, not 
        more than $117,262,000; and
            ``(2) for fiscal years 2001 through 2003, such sums as may 
        be necessary.''.
                                 <all>
```