H.R.4867

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To authorize appropriations for high-speed rail transportation, and for other

purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—HIGH-SPEED RAIL

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Swift Rail Development Act

of 1994’’.

SEC. 102. FINDINGS; PURPOSE.

(a) FINDINGS.—The Congress finds that—

(1) high-speed rail offers safe and efficient transportation

in certain densely traveled corridors linking major metropolitan

areas in the United States;

(2) high-speed rail may have environmental advantages

over certain other forms of intercity transportation;

(3) Amtrak’s Metroliner service between Washington, District of Columbia, and New York, New York, the United States

premier high-speed rail service, has shown that Americans

will use high-speed rail when that transportation option is

available;

(4) new high-speed rail service should not receive Federal

subsidies for operating and maintenance expenses;

(5) State and local governments should take the prime

responsibility for the development and implementation of highspeed rail service;

(6) the private sector should participate in funding the

development of high-speed rail systems;

(7) in some intercity corridors, Federal planning assistance

may be required to supplement the funding commitments of

State and local governments and the private sector to ensure

the adequate planning, including reasonable estimates of the

costs and benefits, of high-speed rail systems;

(8) improvement of existing technologies can facilitate the

development of high-speed rail systems in the United States;

and

(9) Federal assistance is required for the improvement,

adaptation, and integration of proven technologies for commercial application in high-speed rail service in the United States.
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(b) PURPOSE.—The purpose of this title is to encourage farsighted State, local, and private efforts in the analysis and planning

for high-speed rail systems in appropriate intercity corridors.

SEC. 103. NATIONAL HIGH-SPEED RAIL ASSISTANCE PROGRAM.

(a) AMENDMENTS.—(1) Part D of subtitle V of title 49, United

States Code, is redesignated as part E, chapter 261 of such title

is redesignated as chapter 281, and sections 26101 and 26102

of such title are redesignated as sections 28101 and 28102. (2) Subtitle V of title 49, United States Code, is amended

by inserting after part C the following new part:

‘‘PART D—HIGH-SPEED RAIL

‘‘CHAPTER 261—HIGH-SPEED RAIL ASSISTANCE

‘‘Sec.

‘‘26101. Corridor planning.

‘‘26102. High-speed rail technology improvements.

‘‘26103. Safety regulations.

‘‘26104. Authorization of appropriations.

‘‘26105. Definitions.

‘‘§ 26101. Corridor planning

‘‘(a) CORRIDOR PLANNING ASSISTANCE.—(1) The Secretary may

provide under this section financial assistance to a public agency

or group of public agencies for corridor planning for up to 50

percent of the publicly financed costs associated with eligible activities.

‘‘(2) No less than 20 percent of the publicly financed costs

associated with eligible activities shall come from State and local

sources, which State and local sources may not include funds from

any Federal program.

‘‘(b) ELIGIBLE ACTIVITIES.—(1) A corridor planning activity is

eligible for financial assistance under subsection (a) if the Secretary

determines that it is necessary to establish appropriate engineering,

operational, financial, environmental, or socioeconomic projections

for the establishment of high-speed rail service in the corridor

and that it leads toward development of a prudent financial and

institutional plan for implementation of specific high-speed rail

improvements. Eligible corridor planning activities include—

‘‘(A) environmental assessments;

‘‘(B) feasibility studies emphasizing commercial technology

improvements or applications;

‘‘(C) economic analyses, including ridership, revenue, and

operating expense forecasting;

‘‘(D) assessing the impact on rail employment of developing

high-speed rail corridors;

‘‘(E) assessing community economic impacts;

‘‘(F) coordination with State and metropolitan area

transportation planning and corridor planning with other

States;

‘‘(G) operational planning;

‘‘(H) route selection analyses and purchase of rights-ofway for proposed high-speed rail service; ‘‘(I) preliminary engineering and design;

‘‘(J) identification of specific improvements to a corridor,

including electrification, line straightening and other right-ofway improvements, bridge rehabilitation and replacement, use
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of advanced locomotives and rolling stock, ticketing, coordination with other modes of transportation, parking and other

means of passenger access, track, signal, station, and other

capital work, and use of intermodal terminals;

‘‘(K) preparation of financing plans and prospectuses; and

‘‘(L) creation of public/private partnerships.

‘‘(2) No financial assistance shall be provided under this section

for corridor planning with respect to the main line of the Northeast

Corridor, between Washington, District of Columbia, and Boston,

Massachusetts.

‘‘(c) CRITERIA FOR DETERMINING FINANCIAL ASSISTANCE.—Selection by the Secretary of recipients of financial assistance under

this section shall be based on such criteria as the Secretary considers appropriate, including—

‘‘(1) the relationship of the corridor to the Secretary’s

national high-speed ground transportation policy;

‘‘(2) the extent to which the proposed planning focuses

on systems which will achieve sustained speeds of 125 mph

or greater;

‘‘(3) the integration of the corridor into metropolitan area

and statewide transportation planning;

‘‘(4) the potential interconnection of the corridor with other

parts of the Nation’s transportation system, including the interconnection with other countries;

‘‘(5) the anticipated effect of the corridor on the congestion

of other modes of transportation;

‘‘(6) whether the work to be funded will aid the efforts

of State and local governments to comply with the Clean Air

Act (42 U.S.C. 7401 et seq.);

‘‘(7) the past and proposed financial commitments and other

support of State and local governments and the private sector

to the proposed high-speed rail program, including the acquisition of rolling stock; ‘‘(8) the estimated level of ridership;

‘‘(9) the estimated capital cost of corridor improvements,

including the cost of closing, improving, or separating highwayrail grade crossings; ‘‘(10) rail transportation employment impacts;

‘‘(11) community economic impacts;

‘‘(12) the extent to which the projected revenues of the

proposed high-speed rail service, along with any financial

commitments of State or local governments and the private

sector, are expected to cover capital costs and operating and

maintenance expenses;

‘‘(13) whether a specific route has been selected, specific

improvements identified, and capacity studies completed; and

‘‘(14) whether the corridor has been designated as a highspeed rail corridor by the Secretary.

‘‘§ 26102. High-speed rail technology improvements

‘‘(a) AUTHORITY.—The Secretary may undertake activities for

the improvement, adaptation, and integration of proven technologies

for commercial application in high-speed rail service in the United

States.

‘‘(b) ELIGIBLE RECIPIENTS.—In carrying out activities authorized

by subsection (a), the Secretary may provide financial assistance

to any United States private business, educational institution
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located in the United States, State or local government or public

authority, or agency of the Federal Government.

‘‘(c) CONSULTATION WITH OTHER AGENCIES.—In carrying out

activities authorized by subsection (a), the Secretary shall consult

with such other governmental agencies as may be necessary

concerning the availability of appropriate technologies for commercial application in high-speed rail service in the United States.

‘‘§ 26103. Safety regulations

‘‘The Secretary shall promulgate such safety regulations as

may be necessary for high-speed rail services.

‘‘§ 26104. Authorization of appropriations

‘‘(a) FISCAL YEAR 1995.—There are authorized to be appropriated to the Secretary $29,000,000 for fiscal year 1995, for

carrying out sections 26101 and 26102 (including payment of

administrative expenses related thereto).

‘‘(b) FISCAL YEAR 1996.—(1) There are authorized to be appropriated to the Secretary $40,000,000 for fiscal year 1996, for

carrying out section 26101 (including payment of administrative

expenses related thereto).

‘‘(2) There are authorized to be appropriated to the Secretary

$30,000,000 for fiscal year 1996, for carrying out section 26102

(including payment of administrative expenses related thereto). ‘‘(c) FISCAL YEAR 1997.—(1) There are authorized to be appropriated to the Secretary $45,000,000 for fiscal year 1997, for carrying out section 26101 (including payment of administrative expenses

related thereto).

‘‘(2) There are authorized to be appropriated to the Secretary

$40,000,000 for fiscal year 1997, for carrying out section 26102

(including payment of administrative expenses related thereto).

‘‘(d) FUNDS TO REMAIN AVAILABLE.—Funds made available

under this section shall remain available until expended.

‘‘§ 26105. Definitions

‘‘For purposes of this chapter—

‘‘(1) the term ‘financial assistance’ includes grants, contracts, and cooperative agreements;

‘‘(2) the term ‘high-speed rail’ has the meaning given such

term under section 511(n) of the Railroad Revitalization and

Regulatory Reform Act of 1976;

‘‘(3) the term ‘publicly financed costs’ means the costs

funded after April 29, 1993, by Federal, State, and local governments;

‘‘(4) the term ‘Secretary’ means the Secretary of Transportation;

‘‘(5) the term ‘State’ means any of the several States, the

District of Columbia, Puerto Rico, the Northern Mariana

Islands, the Virgin Islands, Guam, American Samoa, and any

other territory or possession of the United States; and

‘‘(6) the term ‘United States private business’ means a

business entity organized under the laws of the United States,

or of a State, and conducting substantial business operations

in the United States.’’.

(b) CONFORMING AMENDMENTS.—(1) The table of chapters of

subtitle V of title 49, United States Code, is amended by striking
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the items relating to part D and inserting in lieu thereof the

following:

‘‘PART D—HIGH-SPEED RAIL

‘‘261. HIGH-SPEED RAIL ASSISTANCE ............................................................ 26101

‘‘PART E—MISCELLANEOUS

‘‘281. LAW ENFORCEMENT ................................................................................28101’’.

(2) The table of sections of chapter 281 of title 49, United States Code, as such chapter is redesignated by subsection (a)(1)

of this section, is amended—

(A) by striking ‘‘26101’’ and inserting in lieu thereof ‘‘28101’’; and

(B) by striking ‘‘26102’’ and inserting in lieu thereof

‘‘28102’’.

SEC. 104. COLUMBUS AND GREENVILLE RAILWAY.

(a) REDEMPTION OF OUTSTANDING OBLIGATIONS AND LIABIL- ITIES.—Notwithstanding any other provision of law, the Secretary of Transportation, or the Secretary of the Treasury, if a holder

of any of the obligations, shall allow the Delta Transportation

Company, doing business as the Columbus and Greenville Railway,

to redeem the obligations and liabilities of such company which

remain outstanding under sections 505 and 511 of the Railroad

Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825

and 831, respectively).

(b) VALUE.—For purposes of subsection (a), the value of each

of the obligations and liabilities shall be an amount equal to the

value established under the Federal Credit Reform Act of 1990

(2 U.S.C. 661 et seq.).

TITLE II—RAIL SAFETY

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Federal Railroad Safety

Authorization Act of 1994’’.

SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

Section 20117(a)(1) of title 49, United States Code, is amended

by adding after subparagraph (B) the following new subparagraphs:

‘‘(C) $68,289,000 for fiscal year 1995.

‘‘(D) $75,112,000 for fiscal year 1996.

‘‘(E) $82,563,000 for fiscal year 1997.

‘‘(F) $90,739,000 for fiscal year 1998.’’.

SEC. 203. HOURS OF SERVICE PILOT PROJECTS.

(a) AMENDMENT.—Chapter 211 of title 49, United States Code,

is amended by adding at the end the following new section:

‘‘§ 21108. Pilot projects

‘‘(a) WAIVER.—A railroad carrier or railroad carriers and all

labor organizations representing any class or craft of directly

affected covered service employees of the railroad carrier or railroad

carriers, may jointly petition the Secretary of Transportation for

approval of a waiver, in whole or in part, of compliance with

this chapter, to enable the establishment of one or more pilot

projects to demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this chapter
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to such class or craft of employees, including requirements concerning maximum on-duty and minimum off-duty periods. Based on

such a joint petition, the Secretary may, after notice and opportunity

for comment, waive in whole or in part compliance with this chapter

for a period of no more than two years, if the Secretary determines

that such waiver of compliance is in the public interest and is

consistent with railroad safety. Any such waiver may, based on

a new petition, be extended for additional periods of up to two

years, after notice and opportunity for comment. An explanation

of any waiver granted under this section shall be published in

the Federal Register.

‘‘(b) REPORT.—The Secretary of Transportation shall submit

to Congress, no later than January 1, 1997, a report that—

‘‘(1) explains and analyzes the effectiveness of all pilot

projects established pursuant to a waiver granted under subsection (a);

‘‘(2) describes the status of all other waivers granted under

subsection (a) and their related pilot projects, if any; and

‘‘(3) recommends appropriate legislative changes to this

chapter.

‘‘(c) DEFINITION.—For purposes of this section, the term ‘directly

affected covered service employees’ means covered service employees

to whose hours of service the terms of the waiver petitioned for

specifically apply.’’.

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections

for chapter 211 of title 49, United States Code, is amended by

adding at the end the following new item:

‘‘21108. Pilot projects.’’.

SEC. 204. CONFORMING AMENDMENT REGARDING HOURS OF SERVICE VIOLATIONS.

Section 21303(a)(1) of title 49, United States Code, is amended

by inserting ‘‘or violating any provision of a waiver applicable

to that person that has been granted under section 21108 of this

title,’’ after ‘‘chapter 211 of this title’’.

SEC. 205. TECHNICAL AMENDMENT REGARDING FEDERAL RAILROAD

SAFETY.

Section 20111(c) of title 49, United States Code, is amended

by inserting ‘‘this chapter or any of the laws transferred to the

jurisdiction of the Secretary of Transportation by subsection (e)

(1), (2), and (6)(A) of section 6 of the Department of Transportation

Act, as in effect on June 1, 1994, or’’ after ‘‘individual’s violation

of’’.

SEC. 206. BIENNIAL FEDERAL RAILROAD SAFETY REPORTING.

(a) Section 20116 of title 49, United States Code, is amended—

(1) by striking in its heading ‘‘Annual’’ and inserting in

lieu thereof ‘‘Biennial’’;

(2) by striking ‘‘not later than July 1 of each year a report

on carrying out this chapter for the prior calendar year. The

report shall include the following information about the prior

year’’ and inserting in lieu thereof ‘‘every two years, on or

before July 1 of the year due, a comprehensive report on the

administration of this chapter for the preceding two calendar

years. The report shall include the following information about

such calendar years’’; and
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(3) in paragraph (1), by inserting ‘‘, by calendar year’’

after ‘‘casualties by cause’’.

(b) The item relating to section 20116 in the table of sections

for chapter 201 of title 49, United States Code, is amended to

read as follows:

‘‘20116. Biennial report.’’.

SEC. 207. REPORT ON BRIDGE DISPLACEMENT DETECTION SYSTEMS.

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49,

United States Code, is amended by adding at the end the following

new section:

‘‘§ 20145. Report on bridge displacement detection systems

‘‘Not later than 18 months after the date of enactment of

the Federal Railroad Safety Authorization Act of 1994, the Secretary

of Transportation shall transmit to the Committee on Commerce,

Science, and Transportation of the Senate and the Committee on

Energy and Commerce of the House of Representatives a report

concerning any action that has been taken by the Secretary on

railroad bridge displacement detection systems.’’. (b) TABLE OF SECTIONS AMENDMENT.—The table of sections

for subchapter II of chapter 201 of title 49, United States Code,

is amended by adding at the end the following new item:

‘‘20145. Report on bridge displacement detection systems.’’.

SEC. 208. TRACK SAFETY.

Section 20142 of title 49, United States Code, is amended—

(1) in subsection (b), by striking ‘‘September 3, 1994’’ and

inserting in lieu thereof ‘‘September 1, 1995’’;

(2) in subsection (a)(1), by inserting ‘‘, including cold

weather installation procedures’’ after ‘‘attendant structure’’;

and

(3) by adding at the end the following new subsection:

‘‘(d) IDENTIFICATION OF INTERNAL RAIL DEFECTS.—In carrying

out subsections (a) and (b), the Secretary shall consider whether

or not to prescribe regulations and issue orders concerning—

‘‘(1) inspection procedures to identify internal rail defects,

before they reach imminent failure size, in rail that has significant shelling; and

‘‘(2) any specific actions that should be taken when a rail

surface condition, such as shelling, prevents the identification

of internal defects.’’.

SEC. 209. RESIDENCE OF EMPLOYEES.

The amendments made by section 7 of the Amtrak Reauthorization and Improvement Act of 1990 shall apply to all periods before

and after the date of their enactment.

SEC. 210. INSTITUTE FOR RAILROAD SAFETY.

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49,

United States Code, is amended by adding at the end the following

new section:

‘‘§ 20146. Institute for Railroad Safety

‘‘The Secretary of Transportation, in conjunction with a university or college having expertise in transportation safety, shall establish, within one year after the date of enactment of the Federal

Railroad Safety Authorization Act of 1994, an Institute for Railroad
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Safety. The Institute shall research, develop, fund, and test measures for reducing the number of fatalities and injuries relevant

to railroad operations. There are authorized to be appropriated

to the Secretary $1,000,000 for each of the fiscal years 1996 through

2000 to fund activities carried out under this section by the

Institute, which shall report at least once each year on its use

of such funds in carrying out such activities and the results thereof

to the Secretary of Transportation and the Congress.’’.

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections

for subchapter II of chapter 201 of title 49, United States Code,

is amended by adding at the end the following new item:

‘‘20146. Institute for Railroad Safety.’’.

SEC. 211. WARNING OF CIVIL LIABILITY.

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49,

United States Code, is amended by adding at the end the following

new section:

‘‘§ 20147. Warning of civil liability

‘‘The Secretary of Transportation shall encourage railroad carriers to warn the public about potential liability for violation of

regulations related to vandalism of railroad signs, devices, and

equipment and to trespassing on railroad property.’’.

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections

for subchapter II of chapter 201 of title 49, United States Code,

is amended by adding at the end the following new item:

‘‘20147. Warning of civil liability.’’.

SEC. 212. RAILROAD CAR VISIBILITY.

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49,

United States Code, is amended by adding at the end the following

new section:

‘‘§ 20148. Railroad car visibility

‘‘(a) REVIEW OF RULES.—The Secretary of Transportation shall

conduct a review of the Department of Transportation’s rules with

respect to railroad car visibility. As part of this review, the Secretary

shall collect relevant data from operational experience by railroads

having enhanced visibility measures in service. ‘‘(b) REGULATIONS.—If the review conducted under subsection

(a) establishes that enhanced railroad car visibility would likely

improve safety in a cost-effective manner, the Secretary shall initiate a rulemaking proceeding to prescribe regulations requiring

enhanced visibility standards for newly manufactured and remanufactured railroad cars. In such proceeding the Secretary shall consider, at a minimum—

‘‘(1) visibility of railroad cars from the perspective of

nonrailroad traffic;

‘‘(2) whether certain railroad car paint colors should be

prohibited or required;

‘‘(3) the use of reflective materials;

‘‘(4) the visibility of lettering on railroad cars;

‘‘(5) the effect of any enhanced visibility measures on the

health and safety of train crew members; and

‘‘(6) the cost/benefit ratio of any new regulations.

‘‘(c) EXCLUSIONS.—In prescribing regulations under subsection

(b), the Secretary may exclude from any specific visibility require-
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ment any category of trains or railroad operations if the Secretary

determines that such an exclusion is in the public interest and

is consistent with railroad safety.’’.

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections

for subchapter II of chapter 201 of title 49, United States Code,

is amended by adding at the end the following new item:

‘‘20148. Railroad car visibility.’’.

SEC. 213. COORDINATION WITH THE DEPARTMENT OF LABOR.

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49,

United States Code, is amended by adding at the end the following

new section:

‘‘§ 20149. Coordination with the Department of Labor

‘‘The Secretary of Transportation shall consult with the Secretary of Labor on a regular basis to ensure that all applicable

laws affecting safe working conditions for railroad employees are

appropriately enforced to ensure a safe and productive working

environment for the railroad industry.’’.

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections

for subchapter II of chapter 201 of title 49, United States Code,

is amended by adding at the end the following new item:

‘‘20149. Coordination with the Department of Labor.’’.

SEC. 214. POSITIVE TRAIN CONTROL SYSTEM PROGRESS REPORT.

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49,

United States Code, is amended by adding at the end the following

new section:

‘‘§ 20150. Positive train control system progress report

‘‘The Secretary of Transportation shall submit a report to the

Congress on the development, deployment, and demonstration of

positive train control systems by December 31, 1995.’’. (b) TABLE OF SECTIONS AMENDMENT.—The table of sections

for subchapter II of chapter 201 of title 49, United States Code,

is amended by adding at the end the following new item:

‘‘20150. Positive train control system progress report.’’.

SEC. 215. PASSENGER CAR SAFETY STANDARDS.

(a) AMENDMENT.—Section 20133 of title 49, United States Code,

is amended to read as follows:

‘‘§ 20133. Passenger cars

‘‘(a) MINIMUM STANDARDS.—The Secretary of Transportation

shall prescribe regulations establishing minimum standards for the

safety of cars used by railroad carriers to transport passengers.

Before prescribing such regulations, the Secretary shall consider—

‘‘(1) the crashworthiness of the cars;

‘‘(2) interior features (including luggage restraints, seat

belts, and exposed surfaces) that may affect passenger safety;

‘‘(3) maintenance and inspection of the cars;

‘‘(4) emergency response procedures and equipment; and

‘‘(5) any operating rules and conditions that directly affect

safety not otherwise governed by regulations.

The Secretary may make applicable some or all of the standards

established under this subsection to cars existing at the time the

regulations are prescribed, as well as to new cars, and the Secretary
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shall explain in the rulemaking document the basis for making

such standards applicable to existing cars.

‘‘(b) INITIAL AND FINAL REGULATIONS.—(1) The Secretary shall

prescribe initial regulations under subsection (a) within 3 years

after the date of enactment of the Federal Railroad Safety

Authorization Act of 1994. The initial regulations may exempt

equipment used by tourist, historic, scenic, and excursion railroad

carriers to transport passengers.

‘‘(2) The Secretary shall prescribe final regulations under subsection (a) within 5 years after such date of enactment.

‘‘(c) PERSONNEL.—The Secretary may establish within the

Department of Transportation 2 additional full-time equivalent positions beyond the number permitted under existing law to assist

with the drafting, prescribing, and implementation of regulations

under this section.

‘‘(d) CONSULTATION.—In prescribing regulations, issuing orders,

and making amendments under this section, the Secretary may

consult with Amtrak, public authorities operating railroad passenger service, other railroad carriers transporting passengers,

organizations of passengers, and organizations of employees. A consultation is not subject to the Federal Advisory Committee Act

(5 U.S.C. App.), but minutes of the consultation shall be placed

in the public docket of the regulatory proceeding.’’.

(b) TABLE OF SECTIONS AMENDMENT.—The item relating to

section 20133 in the table of sections for chapter 201 of title 49,

United States Code, is amended to read as follows:

‘‘20133. Passenger cars.’’.

SEC. 216. CONTRACT AND GRANT AUTHORITY.

Section 103 of title 49, United States Code, is amended by

adding at the end the following new subsection:

‘‘(e) Subject to the provisions of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), the

Secretary of Transportation may make, enter into, and perform

such contracts, grants, leases, cooperative agreements, and other

similar transactions with Federal or other public agencies (including

State and local governments) and private organizations and persons,

and make such payments, by way of advance or reimbursement,

as the Secretary may determine to be necessary or appropriate

to carry out functions of the Federal Railroad Administration. The

authority of the Secretary granted by this subsection shall be carried

out by the Administrator. Notwithstanding any other provision

of this chapter, no authority to enter into contracts or to make

payments under this subsection shall be effective, except as provided

for in appropriations Acts.’’.

SEC. 217. TOURIST RAILROAD CARRIERS.

Section 20103 of title 49, United States Code, is amended

by adding at the end the following new subsection: ‘‘(f) TOURIST RAILROAD CARRIERS.—In prescribing regulations

that pertain to railroad safety that affect tourist, historic, scenic,

or excursion railroad carriers, the Secretary of Transportation shall

take into consideration any financial, operational, or other factors

that may be unique to such railroad carriers. The Secretary shall

submit a report to Congress not later than September 30, 1995,

on actions taken under this subsection.’’.
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SEC. 218. OPERATION LIFESAVER.

Section 20117 of title 49, United States Code, is amended

by adding at the end the following new subsection:

‘‘(e) OPERATION LIFESAVER.—In addition to amounts otherwise

authorized by law, there are authorized to be appropriated for

railroad research and development $300,000 for fiscal year 1995,

$500,000 for fiscal year 1996, and $750,000 for fiscal year 1997,

to support Operation Lifesaver, Inc.’’.

SEC. 219. RAILROAD TRESPASSING AND VANDALISM PREVENTION

STRATEGY.

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49,

United States Code, is amended by adding at the end the following

new section:

‘‘§ 20151. Railroad trespassing and vandalism prevention

strategy

‘‘(a) EVALUATION OF EXISTING LAWS.—In consultation with

affected parties, the Secretary of Transportation shall evaluate and

review current local, State, and Federal laws regarding trespassing

on railroad property and vandalism affecting railroad safety, and

develop model prevention strategies and enforcement laws to be

used for the consideration of State and local legislatures and governmental entities. The first such evaluation and review shall be

completed within 1 year after the date of enactment of the Federal

Railroad Safety Authorization Act of 1994. The Secretary shall

revise such model prevention strategies and enforcement codes

periodically.

‘‘(b) OUTREACH PROGRAM.—The Secretary shall develop and

maintain a comprehensive outreach program to improve communications among Federal railroad safety inspectors, State inspectors

certified by the Federal Railroad Administration, railroad police,

and State and local law enforcement officers, for the purpose of

addressing trespassing and vandalism problems on railroad property, and strengthening relevant enforcement strategies. This program shall be designed to increase public and police awareness

of the illegality of, dangers inherent in, and the extent of, trespassing on railroad rights-of-way, to develop strategies to improve the

prevention of trespassing and vandalism, and to improve the

enforcement of laws relating to railroad trespass, vandalism, and

safety.

‘‘(c) MODEL LEGISLATION.—Within 18 months after the date

of enactment of the Federal Railroad Safety Authorization Act

of 1994, 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—

‘‘(1) civil or criminal penalties, or both, for vandalism of

railroad equipment or property which could affect the safety

of the public or of railroad employees; and

‘‘(2) civil or criminal penalties, or both, for trespassing

on a railroad owned or leased right-of-way.’’.
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(b) TABLE OF SECTIONS AMENDMENT.—The table of sections

for subchapter II of chapter 201 of title 49, United States Code,

is amended by adding at the end the following new item:

‘‘20151. Railroad trespassing and vandalism prevention strategy.’’.

TITLE III—GRADE CROSSING SAFETY

SEC. 301. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS.

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49,

United States Code, is amended by adding at the end the following

new section:

‘‘§ 20152. Emergency notification of grade crossing problems

‘‘(a) PILOT PROGRAMS.—The Secretary of Transportation shall

conduct a pilot program to demonstrate an emergency notification

system utilizing a toll free telephone number that the public can

use to convey to railroad carriers, either directly or through public

safety personnel, information about malfunctions or other safety

problems at railroad-highway grade crossings. The pilot program,

at a minimum—

‘‘(1) shall include railroad-highway grade crossings in at

least 2 States;

‘‘(2) shall include provisions for public education and awareness of the program; and ‘‘(3) shall require information to be posted at the railroadhighway grade crossing describing the emergency notification

system and instructions on how to use the system.

The Secretary may, by grant, provide funding for the expense

of information signs and public awareness campaigns necessary

to demonstrate the notification system. ‘‘(b) REPORT.—The Secretary shall complete the pilot program

not later than 24 months after the date of enactment of this section,

and shall submit to the Congress not later than 30 months after

that date an evaluation of the pilot program, together with findings

as to the effectiveness of such emergency notification systems. The

report shall compare and contrast the structure, cost, and effectiveness of the pilot program with other emergency notification systems

in effect within other States. Such evaluation shall include analyses

of the safety benefits derived from the programs, cost effectiveness,

and the burdens on participants, including railroad carriers and

law enforcement personnel.’’.

(b) TABLE OF SECTIONS AMENDMENT.—The table of sections

for subchapter II of chapter 201 of title 49, United States Code,

is amended by adding at the end the following new item:

‘‘20152. Emergency notification of grade crossing problems.’’.

SEC. 302. AUDIBLE WARNINGS AT HIGHWAY-RAIL GRADE CROSSINGS.

(a) AMENDMENT.—Subchapter II of chapter 201 of title 49,

United States Code, is amended by adding at the end the following

new section:

‘‘§ 20153. Audible warnings at highway-rail grade crossings

‘‘(a) DEFINITIONS.—As used in this section—

‘‘(1) the term ‘‘highway-rail grade crossing’’ includes any

street or highway crossing over a line of railroad at grade;
H.R.4867—13

‘‘(2) the term ‘‘locomotive horn’’ refers to a train-borne

audible warning device meeting standards specified by the Secretary of Transportation; and

‘‘(3) the term ‘‘supplementary safety measure’’ refers to

a safety system or procedure, provided by the appropriate traffic

control authority or law enforcement authority responsible for

safety at the highway-rail grade crossing, that is determined

by the Secretary to be an effective substitute for the locomotive

horn in the prevention of highway-rail casualties. A traffic

control arrangement that prevents careless movement over the

crossing (e.g., as where adequate median barriers prevent movement around crossing gates extending over the full width of

the lanes in the particular direction of travel), and that conforms to standards prescribed by the Secretary under this subsection, shall be deemed to constitute a supplementary safety

measure. The following do not, individually or in combination,

constitute supplementary safety measures within the meaning

of this subsection: standard traffic control devices or arrangements such as reflectorized crossbucks, stop signs, flashing

lights, flashing lights with gates that do not completely block

travel over the line of railroad, or traffic signals.

‘‘(b) REQUIREMENT.—The Secretary of Transportation shall prescribe regulations requiring that a locomotive horn shall be sounded

while each train is approaching and entering upon each public

highway-rail grade crossing.

‘‘(c) EXCEPTION.—(1) In issuing such regulations, the Secretary

may except from the requirement to sound the locomotive horn

any categories of rail operations or categories of highway-rail grade

crossings (by train speed or other factors specified by regulation)— ‘‘(A) that the Secretary determines not to present a significant risk with respect to loss of life or serious personal injury; ‘‘(B) for which use of the locomotive horn as a warning

measure is impractical; or

‘‘(C) for which, in the judgment of the Secretary, supplementary safety measures fully compensate for the absence of

the warning provided by the locomotive horn.

‘‘(2) In order to provide for safety and the quiet of communities

affected by train operations, the Secretary may specify in such

regulations that any supplementary safety measures must be

applied to all highway-rail grade crossings within a specified distance along the railroad in order to be excepted from the requirement of this section.

‘‘(d) APPLICATION FOR WAIVER OR EXEMPTION.—Notwithstanding any other provision of this subchapter, the Secretary may not

entertain an application for waiver or exemption of the regulations

issued under this section unless such application shall have been

submitted jointly by the railroad carrier owning, or controlling

operations over, the crossing and by the appropriate traffic control

authority or law enforcement authority. The Secretary shall not

grant any such application unless, in the judgment of the Secretary,

the application demonstrates that the safety of highway users will

not be diminished.

‘‘(e) DEVELOPMENT OF SUPPLEMENTARY SAFETY MEASURES.—

(1) In order to promote the quiet of communities affected by rail

operations and the development of innovative safety measures at

highway-rail grade crossings, the Secretary may, in connection with

demonstration of proposed new supplementary safety measures,
H.R.4867—14

order railroad carriers operating over one or more crossings to

cease temporarily the sounding of locomotive horns at such crossings. Any such measures shall have been subject to testing and

evaluation and deemed necessary by the Secretary prior to actual

use in lieu of the locomotive horn.

‘‘(2) The Secretary may include in regulations issued under

this subsection special procedures for approval of new supplementary safety measures meeting the requirements of subsection

(c)(1) of this section following successful demonstration of those

measures.

‘‘(f) SPECIFIC RULES.—The Secretary may, by regulation, provide

that the following crossings over railroad lines shall be subject,

in whole or in part, to the regulations required under this section:

‘‘(1) Private highway-rail grade crossings.

‘‘(2) Pedestrian crossings.

‘‘(3) Crossings utilized primarily by nonmotorized vehicles

and other special vehicles.

Regulations issued under this subsection shall not apply to any

location where persons are not authorized to cross the railroad.

‘‘(g) ISSUANCE.—The Secretary shall issue regulations required

by this section pertaining to categories of highway-rail grade crossings that in the judgment of the Secretary pose the greatest safety

hazard to rail and highway users not later than 24 months following

the date of enactment of this section. The Secretary shall issue

regulations pertaining to any other categories of crossings not later

than 48 months following the date of enactment of this section.

‘‘(h) IMPACT OF REGULATIONS.—The Secretary shall include in

regulations prescribed under this section a concise statement of

the impact of such regulations with respect to the operation of

section 20106 of this title (national uniformity of regulation).’’. (b) TABLE OF SECTIONS AMENDMENT.—The table of sections

for subchapter II of chapter 201 of title 49, United States Code,

is amended by adding at the end the following new item:

‘‘20153. Audible warnings at highway-rail grade crossings.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.