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plaint or report relates to a reported accident or in-
cident.’’ after ‘‘contributed to the accident or inci-
dent.’’.
SEC. 109. ACCIDENT AND INJURY REPORTING.
(a) DISCHARGE
AND
DISCRIMINATION
PROTEC-
TION.—Section 20109 of title 49, United States Code, is
amended—
(1) by redesignating subsections (c), (d), and
(e) as subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c) ACCIDENT AND INJURY INFORMATION.—A rail-
road carrier engaged in interstate or foreign commerce,
and an employee of such a railroad carrier, shall not—
‘‘(1) by threat, intimidation, or otherwise at-
tempt to prevent an employee from furnishing infor-
mation; or
‘‘(2) discharge, discipline, or discriminate
against an employee because the employee has fur-
nished information,
to any party as to the facts relating to any accident or
incident resulting in injury or death to an individual or
damage to property occurring in connection with railroad
transportation.’’.
(b) PENALTIES.—
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(1) CIVIL PENALTIES.—Section 21302(a)(1) of
title 49, United States Code, is amended by striking
‘‘a regulation prescribed or order issued under chap-
ter 201 of this title’’ and inserting in lieu thereof
‘‘chapter 201 of this title or a regulation prescribed
or order issued under chapter 201’’.
(2) CRIMINAL
PENALTIES.—Section 21311(a)
of title 49, United States Code, is amended—
(A) by striking ‘‘or’’ at the end of para-
graph (4);
(B) by striking the period at the end of
paragraph (5) and inserting in lieu thereof ‘‘;
or’’; and
(C) by adding at the end the following new
paragraph:
‘‘(6) violates section 20109(c).’’.
(c) AUDITS.—Section 20901 of title 49, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(c) AUDITS.—A railroad carrier shall at least annu-
ally have an audit conducted of the process by which it
reports accidents and incidents pursuant to subsection (a).
The audit shall determine whether the reporting process
is substantially accurate as to the numbers and severity
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of accidents and incidents. The audit shall be conducted
by an independent auditor approved by the Secretary.’’.
TITLE II—GRADE CROSSING
SAFETY
SEC. 201. TOLL-FREE NUMBER TO REPORT GRADE CROSS-
ING PROBLEMS.
Section 20152 of title 49, United States Code, is
amended to read as follows:
‘‘§ 20152. Emergency notification of grade crossing
problems
‘‘By January 1, 1998, each railroad carrier shall—
‘‘(1) establish and maintain a toll-free telephone
service, for rights-of-way over which it dispatches
trains, to directly receive calls reporting—
‘‘(A) malfunctions of signals, crossing
gates, and other devices to promote safety at
the grade crossing of railroad tracks on those
rights-of-way and public or private roads; and
‘‘(B) disabled vehicles blocking railroad
tracks at such grade crossings;
‘‘(2) upon receiving a report of a malfunction or
disabled vehicle pursuant to paragraph (1), imme-
diately contact trains operating near the grade
crossing to warn them of the malfunction or disabled
vehicle;
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‘‘(3) upon receiving a report of a malfunction or
disabled vehicle pursuant to paragraph (1), and
after contacting trains pursuant to paragraph (2),
contact appropriate public safety officials having ju-
risdiction over the grade crossing to provide them
with the information necessary for them to direct
traffic, assist in the removal of the disabled vehicle,
or carry out other activities appropriate to respond-
ing to the hazardous circumstance; and
‘‘(4) ensure the placement at each grade cross-
ing on rights-of-way that it owns of appropriately lo-
cated signs, on which shall appear—
‘‘(A) a toll-free telephone number to be
used for placing calls described in paragraph
(1) to the railroad carrier dispatching trains on
that right-of-way;
‘‘(B) an explanation of the purpose of that
toll-free number as described in paragraph (1);
‘‘(C) the grade crossing number assigned
for that crossing by the National Highway-Rail
Crossing Inventory established by the Depart-
ment of Transportation and the Association of
American Railroads; and
‘‘(D) a statement that reporting a disabled
vehicle blocking the railroad tracks should be
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done immediately, before any attempt is made
to remove the vehicle from the tracks.
The Secretary of Transportation shall implement this sec-
tion through appropriate regulations.’’.
SEC. 202. GRADE CROSSING SIGNAL VIOLATIONS.
(a) AMENDMENTS.—Section 20151 of title 49, Unit-
ed States Code, is amended—
(1) by amending the section heading to read as
follows:
‘‘§ 20151. Railroad trespassing, vandalism, and signal
violation prevention strategy’’;
(2) in subsection (a)—
(A) by striking ‘‘and vandalism affecting
railroad safety’’ and inserting in lieu thereof ‘‘,
vandalism affecting railroad safety, and viola-
tions of grade crossing signals’’;
(B) by inserting ‘‘, concerning trespassing
and vandalism,’’ after ‘‘such evaluation and re-
view’’; and
(C) by inserting ‘‘The second such evalua-
tion and review, concerning violations of grade
crossing signals, shall be completed within 3
years after the date of the enactment of the
Federal Railroad Safety Authorization Act of
1994.’’ after ‘‘Act of 1994.’’;
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(3) in the subsection heading of subsection (b),
by inserting ‘‘FOR TRESPASSING AND VANDALISM
PREVENTION’’ after ‘‘OUTREACH PROGRAM’’;
(4) in subsection (c)—
(A) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively;
(B) by inserting ‘‘(1)’’ after ‘‘MODEL LEG-
ISLATION.—’’; and
(C) by adding at the end the following new
paragraph:
‘‘(2) Within 18 months after the date of the enact-
ment of the Railroad Safety Reform Act of 1996 the Sec-
retary, after consultation with State and local govern-
ments and railroad carriers, shall develop and make avail-
able to State and local governments model State legisla-
tion providing for civil or criminal penalties, or both, for
violations of grade crossing signals.’’; and
(5) by adding at the end the following new sub-
section:
‘‘(d) DEFINITION.—For purposes of this section, the
term ‘violation of grade crossing signals’ includes any ac-
tion by a motorist, unless directed by an authorized safety
officer—