In the House of Representatives, U. S.,

October 7 (legislative day, October 6), 1994.

Resolved, That the House agree to the amendments of

the Senate to the bill (H.R. 4867) entitled ‘‘An Act to authorize appropriations for high-speed rail transportation, and

for other purposes’’, with the following

AMENDMENT :

In lieu of the matter proposed to be inserted to the

text, insert:

1 TITLE I—HIGH-SPEED RAIL

2 SEC. 101. SHORT TITLE.

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

4 Act of 1994’’.

5 SEC. 102. FINDINGS; PURPOSE.

6 (a) FINDINGS.—The Congress finds that—

7 (1) high-speed rail offers safe and efficient trans8 portation in certain densely traveled corridors linking

9 major metropolitan areas in the United States;

10 (2) high-speed rail may have environmental ad11 vantages over certain other forms of intercity trans12 portation;

13 (3) Amtrak’s Metroliner service between Wash14 ington, District of Columbia, and New York, New

15 York, the United States premier high-speed rail serv-
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1 ice, has shown that Americans will use high-speed

2 rail when that transportation option is available;

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

4 Federal subsidies for operating and maintenance ex5 penses;

6 (5) State and local governments should take the

7 prime responsibility for the development and imple8 mentation of high-speed rail service;

9 (6) the private sector should participate in fund10 ing the development of high-speed rail systems;

11 (7) in some intercity corridors, Federal planning

12 assistance may be required to supplement the funding

13 commitments of State and local governments and the

14 private sector to ensure the adequate planning, in15 cluding reasonable estimates of the costs and benefits,

16 of high-speed rail systems;

17 (8) improvement of existing technologies can fa18 cilitate the development of high-speed rail systems in

19 the United States; and

20 (9) Federal assistance is required for the im21 provement, adaptation, and integration of proven

22 technologies for commercial application in high-speed

23 rail service in the United States.

24 (b) PURPOSE.—The purpose of this title is to encour25 age farsighted State, local, and private efforts in the analy-
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1 sis and planning for high-speed rail systems in appropriate

2 intercity corridors.

3 SEC. 103. NATIONAL HIGH-SPEED RAIL ASSISTANCE PRO4 GRAM.

5 (a) AMENDMENTS.—(1) Part D of subtitle V of title

6 49, United States Code, is redesignated as part E, chapter

7 261 of such title is redesignated as chapter 281, and sections

8 26101 and 26102 of such title are redesignated as sections

9 28101 and 28102.

10 (2) Subtitle V of title 49, United States Code, is

11 amended by inserting after part C the following new part:

12 ‘‘PART D—HIGH-SPEED RAIL

13 ‘‘CHAPTER 261—HIGH-SPEED RAIL

14 ASSISTANCE

‘‘Sec.

‘‘26101. Corridor planning.

‘‘26102. High-speed rail technology improvements.

‘‘26103. Safety regulations.

‘‘26104. Authorization of appropriations.

‘‘26105. Definitions.

15 ‘‘§ 26101. Corridor planning

16 ‘‘(a) CORRIDOR PLANNING ASSISTANCE.—(1) The Sec17 retary may provide under this section financial assistance

18 to a public agency or group of public agencies for corridor

19 planning for up to 50 percent of the publicly financed costs

20 associated with eligible activities.

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

22 costs associated with eligible activities shall come from
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1 State and local sources, which State and local sources may

2 not include funds from any Federal program.

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

4 activity is eligible for financial assistance under subsection

5 (a) if the Secretary determines that it is necessary to estab6 lish appropriate engineering, operational, financial, envi7 ronmental, or socioeconomic projections for the establish8 ment of high-speed rail service in the corridor and that it

9 leads toward development of a prudent financial and insti10 tutional plan for implementation of specific high-speed rail

11 improvements. Eligible corridor planning activities in12 clude—

13 ‘‘(A) environmental assessments;

14 ‘‘(B) feasibility studies emphasizing commercial

15 technology improvements or applications;

16 ‘‘(C) economic analyses, including ridership, rev17 enue, and operating expense forecasting;

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

19 developing high-speed rail corridors;

20 ‘‘(E) assessing community economic impacts;

21 ‘‘(F) coordination with State and metropolitan

22 area transportation planning and corridor planning

23 with other States;

24 ‘‘(G) operational planning;
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1 ‘‘(H) route selection analyses and purchase of

2 rights-of-way for proposed high-speed rail service;

3 ‘‘(I) preliminary engineering and design;

4 ‘‘(J) identification of specific improvements to a

5 corridor, including electrification, line straightening

6 and other right-of-way improvements, bridge rehabili7 tation and replacement, use of advanced locomotives

8 and rolling stock, ticketing, coordination with other

9 modes of transportation, parking and other means of

10 passenger access, track, signal, station, and other cap11 ital work, and use of intermodal terminals;

12 ‘‘(K) preparation of financing plans and

13 prospectuses; and

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

15 ‘‘(2) No financial assistance shall be provided under

16 this section for corridor planning with respect to the main

17 line of the Northeast Corridor, between Washington, District

18 of Columbia, and Boston, Massachusetts.

19 ‘‘(c) CRITERIA FOR DETERMINING FINANCIAL ASSIST20 ANCE.—Selection by the Secretary of recipients of financial

21 assistance under this section shall be based on such criteria

22 as the Secretary considers appropriate, including—

23 ‘‘(1) the relationship of the corridor to the Sec24 retary’s national high-speed ground transportation

25 policy;
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1 ‘‘(2) the extent to which the proposed planning

2 focuses on systems which will achieve sustained speeds

3 of 125 mph or greater;

4 ‘‘(3) the integration of the corridor into metro5 politan area and statewide transportation planning;

6 ‘‘(4) the potential interconnection of the corridor

7 with other parts of the Nation’s transportation sys8 tem, including the interconnection with other coun9 tries;

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

11 congestion of other modes of transportation;

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

13 efforts of State and local governments to comply with

14 the Clean Air Act (42 U.S.C. 7401 et seq.);

15 ‘‘(7) the past and proposed financial commit16 ments and other support of State and local govern17 ments and the private sector to the proposed high18 speed rail program, including the acquisition of roll19 ing stock;

20 ‘‘(8) the estimated level of ridership;

21 ‘‘(9) the estimated capital cost of corridor im22 provements, including the cost of closing, improving,

23 or separating highway-rail grade crossings;

24 ‘‘(10) rail transportation employment impacts;

25 ‘‘(11) community economic impacts;
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1 ‘‘(12) the extent to which the projected revenues

2 of the proposed high-speed rail service, along with

3 any financial commitments of State or local govern4 ments and the private sector, are expected to cover

5 capital costs and operating and maintenance ex6 penses;

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

8 specific improvements identified, and capacity studies

9 completed; and

10 ‘‘(14) whether the corridor has been designated

11 as a high-speed rail corridor by the Secretary.

12 ‘‘§ 26102. High-speed rail technology improvements

13 ‘‘(a) AUTHORITY.—The Secretary may undertake ac14 tivities for the improvement, adaptation, and integration

15 of proven technologies for commercial application in high16 speed rail service in the United States.

17 ‘‘(b) ELIGIBLE RECIPIENTS.—In carrying out activi18 ties authorized by subsection (a), the Secretary may provide

19 financial assistance to any United States private business,

20 educational institution located in the United States, State

21 or local government or public authority, or agency of the

22 Federal Government.

23 ‘‘(c) CONSULTATION WITH OTHER AGENCIES.—In

24 carrying out activities authorized by subsection (a), the Sec25 retary shall consult with such other governmental agencies
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1 as may be necessary concerning the availability of appro2 priate technologies for commercial application in high3 speed rail service in the United States.

4 ‘‘§ 26103. Safety regulations

5 ‘‘The Secretary shall promulgate such safety regula6 tions as may be necessary for high-speed rail services.

7 ‘‘§ 26104. Authorization of appropriations

8 ‘‘(a) FISCAL YEAR 1995.—There are authorized to be

9 appropriated to the Secretary $29,000,000 for fiscal year

10 1995, for carrying out sections 26101 and 26102 (including

11 payment of administrative expenses related thereto).

12 ‘‘(b) FISCAL YEAR 1996.—(1) There are authorized to

13 be appropriated to the Secretary $40,000,000 for fiscal year

14 1996, for carrying out section 26101 (including payment

15 of administrative expenses related thereto).

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

17 Secretary $30,000,000 for fiscal year 1996, for carrying out

18 section 26102 (including payment of administrative ex19 penses related thereto).

20 ‘‘(c) FISCAL YEAR 1997.—(1) There are authorized to

21 be appropriated to the Secretary $45,000,000 for fiscal year

22 1997, for carrying out section 26101 (including payment

23 of administrative expenses related thereto).

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

25 Secretary $40,000,000 for fiscal year 1997, for carrying out
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1 section 26102 (including payment of administrative ex2 penses related thereto).

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

4 available under this section shall remain available until ex5 pended.

6 ‘‘§ 26105. Definitions

7 ‘‘For purposes of this chapter—

8 ‘‘(1) the term ‘financial assistance’ includes

9 grants, contracts, and cooperative agreements;

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

11 given such term under section 511(n) of the Railroad

12 Revitalization and Regulatory Reform Act of 1976;

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

14 costs funded after April 29, 1993, by Federal, State,

15 and local governments;

16 ‘‘(4) the term ‘Secretary’ means the Secretary of

17 Transportation;

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

19 States, the District of Columbia, Puerto Rico, the

20 Northern Mariana Islands, the Virgin Islands, Guam,

21 American Samoa, and any other territory or posses22 sion of the United States; and

23 ‘‘(6) the term ‘United States private business’

24 means a business entity organized under the laws of
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1 the United States, or of a State, and conducting sub2 stantial business operations in the United States.’’.

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

4 chapters of subtitle V of title 49, United States Code, is

5 amended by striking the items relating to part D and in6 serting in lieu thereof the following:

‘‘PART D—HIGH-SPEED RAIL

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

‘‘PART E—MISCELLANEOUS

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

7 (2) The table of sections of chapter 281 of title 49,

8 United States Code, as such chapter is redesignated by sub9 section (a)(1) of this section, is amended—

10 (A) by striking ‘‘26101’’ and inserting in lieu

11 thereof ‘‘28101’’; and

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

13 thereof ‘‘28102’’.

14 SEC. 104. COLUMBUS AND GREENVILLE RAILWAY.

15 (a) REDEMPTION OF OUTSTANDING OBLIGATIONS AND

16 LIABILITIES.—Notwithstanding any other provision of law,

17 the Secretary of Transportation, or the Secretary of the

18 Treasury, if a holder of any of the obligations, shall allow

19 the Delta Transportation Company, doing business as the

20 Columbus and Greenville Railway, to redeem the obliga21 tions and liabilities of such company which remain out22 standing under sections 505 and 511 of the Railroad Revi-
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1 talization and Regulatory Reform Act of 1976 (45 U.S.C.

2 825 and 831, respectively).

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

4 of each of the obligations and liabilities shall be an amount

5 equal to the value established under the Federal Credit Re6 form Act of 1990 (2 U.S.C. 661 et seq.).

7 TITLE II—RAIL SAFETY

8 SEC. 201. SHORT TITLE.

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

10 Authorization Act of 1994’’.

11 SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

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

13 is amended by adding after subparagraph (B) the following

14 new subparagraphs:

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

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

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

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

19 SEC. 203. HOURS OF SERVICE PILOT PROJECTS.

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

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

22 new section:

23 ‘‘§ 21108. Pilot projects

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

25 and all labor organizations representing any class or craft
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1 of directly affected covered service employees of the railroad

2 carrier or railroad carriers, may jointly petition the Sec3 retary of Transportation for approval of a waiver, in whole

4 or in part, of compliance with this chapter, to enable the

5 establishment of one or more pilot projects to demonstrate

6 the possible benefits of implementing alternatives to the

7 strict application of the requirements of this chapter to such

8 class or craft of employees, including requirements concern9 ing maximum on-duty and minimum off-duty periods.

10 Based on such a joint petition, the Secretary may, after

11 notice and opportunity for comment, waive in whole or in

12 part compliance with this chapter for a period of no more

13 than two years, if the Secretary determines that such waiver

14 of compliance is in the public interest and is consistent with

15 railroad safety. Any such waiver may, based on a new peti16 tion, be extended for additional periods of up to two years,

17 after notice and opportunity for comment. An explanation

18 of any waiver granted under this section shall be published

19 in the Federal Register.

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

21 submit to Congress, no later than January 1, 1997, a report

22 that—

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

24 pilot projects established pursuant to a waiver grant25 ed under subsection (a);
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1 ‘‘(2) describes the status of all other waivers

2 granted under subsection (a) and their related pilot

3 projects, if any; and

4 ‘‘(3) recommends appropriate legislative changes

5 to this chapter.

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

7 term ‘directly affected covered service employees’ means cov8 ered service employees to whose hours of service the terms

9 of the waiver petitioned for specifically apply.’’.

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

11 sections for chapter 211 of title 49, United States Code, is

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

‘‘21108. Pilot projects.’’.

13 SEC. 204. CONFORMING AMENDMENT REGARDING HOURS

14 OF SERVICE VIOLATIONS.

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

16 is amended by inserting ‘‘or violating any provision of a

17 waiver applicable to that person that has been granted

18 under section 21108 of this title,’’ after ‘‘chapter 211 of this

19 title’’.

20 SEC. 205. TECHNICAL AMENDMENT REGARDING FEDERAL

21 RAILROAD SAFETY.

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

23 amended by inserting ‘‘this chapter or any of the laws

24 transferred to the jurisdiction of the Secretary of Transpor25 tation by subsection (e) (1), (2), and (6)(A) of section 6
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1 of the Department of Transportation Act, as in effect on

2 June 1, 1994, or’’ after ‘‘individual’s violation of’’.

3 SEC. 206. BIENNIAL FEDERAL RAILROAD SAFETY REPORT4 ING.

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

6 amended—

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

8 inserting in lieu thereof ‘‘Biennial’’;

9 (2) by striking ‘‘not later than July 1 of each

10 year a report on carrying out this chapter for the

11 prior calendar year. The report shall include the fol12 lowing information about the prior year’’ and insert13 ing in lieu thereof ‘‘every two years, on or before July

14 1 of the year due, a comprehensive report on the ad15 ministration of this chapter for the preceding two cal16 endar years. The report shall include the following in17 formation about such calendar years’’; and

18 (3) in paragraph (1), by inserting ‘‘, by calendar

19 year’’ after ‘‘casualties by cause’’.

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

21 sections for chapter 201 of title 49, United States Code, is

22 amended to read as follows:

‘‘20116. Biennial report.’’.
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1 SEC. 207. REPORT ON BRIDGE DISPLACEMENT DETECTION

2 SYSTEMS.

3 (a) AMENDMENT.—Subchapter II of chapter 201 of

4 title 49, United States Code, is amended by adding at the

5 end the following new section:

6 ‘‘§ 20145. Report on bridge displacement detection sys7 tems

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

9 of the Federal Railroad Safety Authorization Act of 1994,

10 the Secretary of Transportation shall transmit to the Com11 mittee on Commerce, Science, and Transportation of the

12 Senate and the Committee on Energy and Commerce of the

13 House of Representatives a report concerning any action

14 that has been taken by the Secretary on railroad bridge dis15 placement detection systems.’’.

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

17 sections for subchapter II of chapter 201 of title 49, United

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

19 new item:

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

20 SEC. 208. TRACK SAFETY.

21 Section 20142 of title 49, United States Code, is

22 amended—

23 (1) in subsection (b), by striking ‘‘September 3,

24 1994’’ and inserting in lieu thereof ‘‘September 1,

25 1995’’;
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1 (2) in subsection (a)(1), by inserting ‘‘, includ2 ing cold weather installation procedures’’ after ‘‘at3 tendant structure’’; and

4 (3) by adding at the end the following new sub5 section:

6 ‘‘(d) IDENTIFICATION OF INTERNAL RAIL DEFECTS.—

7 In carrying out subsections (a) and (b), the Secretary shall

8 consider whether or not to prescribe regulations and issue

9 orders concerning—

10 ‘‘(1) inspection procedures to identify internal

11 rail defects, before they reach imminent failure size,

12 in rail that has significant shelling; and

13 ‘‘(2) any specific actions that should be taken

14 when a rail surface condition, such as shelling, pre15 vents the identification of internal defects.’’.

16 SEC. 209. RESIDENCE OF EMPLOYEES.

17 The amendments made by section 7 of the Amtrak Re18 authorization and Improvement Act of 1990 shall apply to

19 all periods before and after the date of their enactment.

20 SEC. 210. INSTITUTE FOR RAILROAD SAFETY.

21 (a) AMENDMENT.—Subchapter II of chapter 201 of

22 title 49, United States Code, is amended by adding at the

23 end the following new section:
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1 ‘‘§ 20146. Institute for Railroad Safety

2 ‘‘The Secretary of Transportation, in conjunction with

3 a university or college having expertise in transportation

4 safety, shall establish, within one year after the date of en5 actment of the Federal Railroad Safety Authorization Act

6 of 1994, an Institute for Railroad Safety. The Institute

7 shall research, develop, fund, and test measures for reducing

8 the number of fatalities and injuries relevant to railroad

9 operations. There are authorized to be appropriated to the

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

11 through 2000 to fund activities carried out under this sec12 tion by the Institute, which shall report at least once each

13 year on its use of such funds in carrying out such activities

14 and the results thereof to the Secretary of Transportation

15 and the Congress.’’.

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

17 sections for subchapter II of chapter 201 of title 49, United

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

19 new item:

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

20 SEC. 211. WARNING OF CIVIL LIABILITY.

21 (a) AMENDMENT.—Subchapter II of chapter 201 of

22 title 49, United States Code, is amended by adding at the

23 end the following new section:
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1 ‘‘§ 20147. Warning of civil liability

2 ‘‘The Secretary of Transportation shall encourage rail3 road carriers to warn the public about potential liability

4 for violation of regulations related to vandalism of railroad

5 signs, devices, and equipment and to trespassing on rail6 road property.’’.

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

8 sections for subchapter II of chapter 201 of title 49, United

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

10 new item:

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

11 SEC. 212. RAILROAD CAR VISIBILITY.

12 (a) AMENDMENT.—Subchapter II of chapter 201 of

13 title 49, United States Code, is amended by adding at the

14 end the following new section:

15 ‘‘§ 20148. Railroad car visibility

16 ‘‘(a) REVIEW OF RULES.—The Secretary of Transpor17 tation shall conduct a review of the Department of Trans18 portation’s rules with respect to railroad car visibility. As

19 part of this review, the Secretary shall collect relevant data

20 from operational experience by railroads having enhanced

21 visibility measures in service.

22 ‘‘(b) REGULATIONS.—If the review conducted under

23 subsection (a) establishes that enhanced railroad car visi24 bility would likely improve safety in a cost-effective man25 ner, the Secretary shall initiate a rulemaking proceeding
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1 to prescribe regulations requiring enhanced visibility stand2 ards for newly manufactured and remanufactured railroad

3 cars. In such proceeding the Secretary shall consider, at a

4 minimum—

5 ‘‘(1) visibility of railroad cars from the perspec6 tive of nonrailroad traffic;

7 ‘‘(2) whether certain railroad car paint colors

8 should be prohibited or required;

9 ‘‘(3) the use of reflective materials;

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

11 ‘‘(5) the effect of any enhanced visibility meas12 ures on the health and safety of train crew members;

13 and

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

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

16 subsection (b), the Secretary may exclude from any specific

17 visibility requirement any category of trains or railroad op18 erations if the Secretary determines that such an exclusion

19 is in the public interest and is consistent with railroad safe20 ty.’’.

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

22 sections for subchapter II of chapter 201 of title 49, United

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

24 new item:

‘‘20148. Railroad car visibility.’’.
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1 SEC. 213. COORDINATION WITH THE DEPARTMENT OF

2 LABOR.

3 (a) AMENDMENT.—Subchapter II of chapter 201 of

4 title 49, United States Code, is amended by adding at the

5 end the following new section:

6 ‘‘§ 20149. Coordination with the Department of Labor

7 ‘‘The Secretary of Transportation shall consult with

8 the Secretary of Labor on a regular basis to ensure that

9 all applicable laws affecting safe working conditions for

10 railroad employees are appropriately enforced to ensure a

11 safe and productive working environment for the railroad

12 industry.’’.

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

14 sections for subchapter II of chapter 201 of title 49, United

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

16 new item:

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

17 SEC. 214. POSITIVE TRAIN CONTROL SYSTEM PROGRESS

18 REPORT.

19 (a) AMENDMENT.—Subchapter II of chapter 201 of

20 title 49, United States Code, is amended by adding at the

21 end the following new section:

22 ‘‘§ 20150. Positive train control system progress report

23 ‘‘The Secretary of Transportation shall submit a re24 port to the Congress on the development, deployment, and
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1 demonstration of positive train control systems by Decem2 ber 31, 1995.’’.

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

4 sections for subchapter II of chapter 201 of title 49, United

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

6 new item:

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

7 SEC. 215. PASSENGER CAR SAFETY STANDARDS.

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

9 States Code, is amended to read as follows:

10 ‘‘§ 20133. Passenger cars

11 ‘‘(a) MINIMUM STANDARDS.—The Secretary of Trans12 portation shall prescribe regulations establishing minimum

13 standards for the safety of cars used by railroad carriers

14 to transport passengers. Before prescribing such regulations,

15 the Secretary shall consider—

16 ‘‘(1) the crashworthiness of the cars;

17 ‘‘(2) interior features (including luggage re18 straints, seat belts, and exposed surfaces) that may af19 fect passenger safety;

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

21 ‘‘(4) emergency response procedures and equip22 ment; and

23 ‘‘(5) any operating rules and conditions that di24 rectly affect safety not otherwise governed by regula25 tions.
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1 The Secretary may make applicable some or all of the

2 standards established under this subsection to cars existing

3 at the time the regulations are prescribed, as well as to new

4 cars, and the Secretary shall explain in the rulemaking doc5 ument the basis for making such standards applicable to

6 existing cars.

7 ‘‘(b) INITIAL AND FINAL REGULATIONS.—(1) The Sec8 retary shall prescribe initial regulations under subsection

9 (a) within 3 years after the date of enactment of the Federal

10 Railroad Safety Authorization Act of 1994. The initial reg11 ulations may exempt equipment used by tourist, historic,

12 scenic, and excursion railroad carriers to transport pas13 sengers.

14 ‘‘(2) The Secretary shall prescribe final regulations

15 under subsection (a) within 5 years after such date of enact16 ment.

17 ‘‘(c) PERSONNEL.—The Secretary may establish with18 in the Department of Transportation 2 additional full time

19 equivalent positions beyond the number permitted under ex20 isting law to assist with the drafting, prescribing, and im21 plementation of regulations under this section.

22 ‘‘(d) CONSULTATION.—In prescribing regulations, is23 suing orders, and making amendments under this section,

24 the Secretary may consult with Amtrak, public authorities

25 operating railroad passenger service, other railroad carriers
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1 transporting passengers, organizations of passengers, and

2 organizations of employees. A consultation is not subject to

3 the Federal Advisory Committee Act (5 U.S.C. App.), but

4 minutes of the consultation shall be placed in the public

5 docket of the regulatory proceeding.’’.

6 (b) TABLE OF SECTIONS AMENDMENT.—The item re7 lating to section 20133 in the table of sections for chapter

8 201 of title 49, United States Code, is amended to read as

9 follows:

‘‘20133. Passenger cars.’’.

10 SEC. 216. CONTRACT AND GRANT AUTHORITY.

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

12 by adding at the end the following new subsection:

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

14 and Administrative Services Act of 1949 (40 U.S.C. 471

15 et seq.), the Secretary of Transportation may make, enter

16 into, and perform such contracts, grants, leases, cooperative

17 agreements, and other similar transactions with Federal or

18 other public agencies (including State and local govern19 ments) and private organizations and persons, and make

20 such payments, by way of advance or reimbursement, as

21 the Secretary may determine to be necessary or appropriate

22 to carry out functions of the Federal Railroad Administra23 tion. The authority of the Secretary granted by this sub24 section shall be carried out by the Administrator. Notwith25 standing any other provision of this chapter, no authority
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1 to enter into contracts or to make payments under this sub2 section shall be effective, except as provided for in appro3 priations Acts.’’.

4 SEC. 217. TOURIST RAILROAD CARRIERS.

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

6 amended by adding at the end the following new subsection:

7 ‘‘(f) TOURIST RAILROAD CARRIERS.—In prescribing

8 regulations that pertain to railroad safety that affect tour9 ist, historic, scenic, or excursion railroad carriers, the Sec10 retary of Transportation shall take into consideration any

11 financial, operational, or other factors that may be unique

12 to such railroad carriers. The Secretary shall submit a re13 port to Congress not later than September 30, 1995, on ac14 tions taken under this subsection.’’.

15 SEC. 218. OPERATION LIFESAVER.

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

17 amended by adding at the end the following new subsection:

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

19 otherwise authorized by law, there are authorized to be ap20 propriated for railroad research and development $300,000

21 for fiscal year 1995, $500,000 for fiscal year 1996, and

22 $750,000 for fiscal year 1997, to support Operation Life23 saver, Inc.’’.
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1 SEC. 219. RAILROAD TRESPASSING AND VANDALISM PRE2 VENTION STRATEGY.

3 (a) AMENDMENT.—Subchapter II of chapter 201 of

4 title 49, United States Code, is amended by adding at the

5 end the following new section:

6 ‘‘§ 20151. Railroad trespassing and vandalism preven7 tion strategy

8 ‘‘(a) EVALUATION OF EXISTING LAWS.—In consulta9 tion with affected parties, the Secretary of Transportation

10 shall evaluate and review current local, State, and Federal

11 laws regarding trespassing on railroad property and van12 dalism affecting railroad safety, and develop model preven13 tion strategies and enforcement laws to be used for the con14 sideration of State and local legislatures and governmental

15 entities. The first such evaluation and review shall be com16 pleted within 1 year after the date of enactment of the Fed17 eral Railroad Safety Authorization Act of 1994. The Sec18 retary shall revise such model prevention strategies and en19 forcement codes periodically.

20 ‘‘(b) OUTREACH PROGRAM.—The Secretary shall de21 velop and maintain a comprehensive outreach program to

22 improve communications among Federal railroad safety in23 spectors, State inspectors certified by the Federal Railroad

24 Administration, railroad police, and State and local law

25 enforcement officers, for the purpose of addressing trespass26 ing and vandalism problems on railroad property, and
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1 strengthening relevant enforcement strategies. This program

2 shall be designed to increase public and police awareness

3 of the illegality of, dangers inherent in, and the extent of,

4 trespassing on railroad rights-of-way, to develop strategies

5 to improve the prevention of trespassing and vandalism,

6 and to improve the enforcement of laws relating to railroad

7 trespass, vandalism, and safety.

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

9 the date of enactment of the Federal Railroad Safety Au10 thorization Act of 1994, the Secretary, after consultation

11 with State and local governments and railroad carriers,

12 shall develop and make available to State and local govern13 ments model State legislation providing for—

14 ‘‘(1) civil or criminal penalties, or both, for van15 dalism of railroad equipment or property which could

16 affect the safety of the public or of railroad employees;

17 and

18 ‘‘(2) civil or criminal penalties, or both, for tres19 passing on a railroad owned or leased right-of-way.’’.

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

21 sections for subchapter II of chapter 201 of title 49, United

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

23 new item:

‘‘20151. Railroad trespassing and vandalism prevention strategy.’’.
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1 TITLE III—GRADE CROSSING

2 SAFETY

3 SEC. 301. EMERGENCY NOTIFICATION OF GRADE CROSSING

4 PROBLEMS.

5 (a) AMENDMENT.—Subchapter II of chapter 201 of

6 title 49, United States Code, is amended by adding at the

7 end the following new section:

8 ‘‘§ 20152. Emergency notification of grade crossing

9 problems

10 ‘‘(a) PILOT PROGRAMS.—The Secretary of Transpor11 tation shall conduct a pilot program to demonstrate an

12 emergency notification system utilizing a toll free telephone

13 number that the public can use to convey to railroad car14 riers, either directly or through public safety personnel, in15 formation about malfunctions or other safety problems at

16 railroad-highway grade crossings. The pilot program, at a

17 minimum—

18 ‘‘(1) shall include railroad-highway grade cross19 ings in at least 2 States;

20 ‘‘(2) shall include provisions for public education

21 and awareness of the program; and

22 ‘‘(3) shall require information to be posted at the

23 railroad-highway grade crossing describing the emer24 gency notification system and instructions on how to

25 use the system.
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1 The Secretary may, by grant, provide funding for the ex2 pense of information signs and public awareness campaigns

3 necessary to demonstrate the notification system.

4 ‘‘(b) REPORT.—The Secretary shall complete the pilot

5 program not later than 24 months after the date of enact6 ment of this section, and shall submit to the Congress not

7 later than 30 months after that date an evaluation of the

8 pilot program, together with findings as to the effectiveness

9 of such emergency notification systems. The report shall

10 compare and contrast the structure, cost, and effectiveness

11 of the pilot program with other emergency notification sys12 tems in effect within other States. Such evaluation shall in13 clude analyses of the safety benefits derived from the pro14 grams, cost effectiveness, and the burdens on participants,

15 including railroad carriers and law enforcement person16 nel.’’.

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

18 sections for subchapter II of chapter 201 of title 49, United

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

20 new item:

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

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

22 CROSSINGS.

23 (a) AMENDMENT.—Subchapter II of chapter 201 of

24 title 49, United States Code, is amended by adding at the

25 end the following new section:
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1 ‘‘§ 20153. Audible warnings at highway-rail grade

2 crossings

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

4 ‘‘(1) the term ‘‘highway-rail grade crossing’’ in5 cludes any street or highway crossing over a line of

6 railroad at grade;

7 ‘‘(2) the term ‘‘locomotive horn’’ refers to a

8 train-borne audible warning device meeting standards

9 specified by the Secretary of Transportation; and

10 ‘‘(3) the term ‘‘supplementary safety measure’’

11 refers to a safety system or procedure, provided by the

12 appropriate traffic control authority or law enforce13 ment authority responsible for safety at the highway14 rail grade crossing, that is determined by the Sec15 retary to be an effective substitute for the locomotive

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

17 traffic control arrangement that prevents careless

18 movement over the crossing (e.g., as where adequate

19 median barriers prevent movement around crossing

20 gates extending over the full width of the lanes in the

21 particular direction of travel), and that conforms to

22 standards prescribed by the Secretary under this sub23 section, shall be deemed to constitute a supplementary

24 safety measure. The following do not, individually or

25 in combination, constitute supplementary safety

26 measures within the meaning of this subsection:
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1 standard traffic control devices or arrangements such

2 as reflectorized crossbucks, stop signs, flashing lights,

3 flashing lights with gates that do not completely block

4 travel over the line of railroad, or traffic signals.

5 ‘‘(b) REQUIREMENT.—The Secretary of Transpor6 tation shall prescribe regulations requiring that a loco7 motive horn shall be sounded while each train is approach8 ing and entering upon each public highway-rail grade

9 crossing.

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

11 Secretary may except from the requirement to sound the

12 locomotive horn any categories of rail operations or cat13 egories of highway-rail grade crossings (by train speed or

14 other factors specified by regulation)—

15 ‘‘(A) that the Secretary determines not to present

16 a significant risk with respect to loss of life or serious

17 personal injury;

18 ‘‘(B) for which use of the locomotive horn as a

19 warning measure is impractical; or

20 ‘‘(C) for which, in the judgment of the Secretary,

21 supplementary safety measures fully compensate for

22 the absence of the warning provided by the locomotive

23 horn.

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

25 communities affected by train operations, the Secretary
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1 may specify in such regulations that any supplementary

2 safety measures must be applied to all highway-rail grade

3 crossings within a specified distance along the railroad in

4 order to be excepted from the requirement of this section.

5 ‘‘(d) APPLICATION FOR WAIVER OR EXEMPTION.—Not6 withstanding any other provision of this subchapter, the

7 Secretary may not entertain an application for waiver or

8 exemption of the regulations issued under this section unless

9 such application shall have been submitted jointly by the

10 railroad carrier owning, or controlling operations over, the

11 crossing and by the appropriate traffic control authority

12 or law enforcement authority. The Secretary shall not grant

13 any such application unless, in the judgment of the Sec14 retary, the application demonstrates that the safety of high15 way users will not be diminished.

16 ‘‘(e) DEVELOPMENT OF SUPPLEMENTARY SAFETY

17 MEASURES.—(1) In order to promote the quiet of commu18 nities affected by rail operations and the development of

19 innovative safety measures at highway-rail grade crossings,

20 the Secretary may, in connection with demonstration of

21 proposed new supplementary safety measures, order rail22 road carriers operating over one or more crossings to cease

23 temporarily the sounding of locomotive horns at such cross24 ings. Any such measures shall have been subject to testing
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1 and evaluation and deemed necessary by the Secretary

2 prior to actual use in lieu of the locomotive horn.

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

4 under this subsection special procedures for approval of new

5 supplementary safety measures meeting the requirements of

6 subsection (c)(1) of this section following successful dem7 onstration of those measures.

8 ‘‘(f) SPECIFIC RULES.—The Secretary may, by regula9 tion, provide that the following crossings over railroad lines

10 shall be subject, in whole or in part, to the regulations re11 quired under this section:

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

13 ‘‘(2) Pedestrian crossings.

14 ‘‘(3) Crossings utilized primarily by non15 motorized vehicles and other special vehicles.

16 Regulations issued under this subsection shall not apply to

17 any location where persons are not authorized to cross the

18 railroad.

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

20 required by this section pertaining to categories of highway21 rail grade crossings that in the judgment of the Secretary

22 pose the greatest safety hazard to rail and highway users

23 not later than 24 months following the date of enactment

24 of this section. The Secretary shall issue regulations per-
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1 taining to any other categories of crossings not later than

2 48 months following the date of enactment of this section.

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

4 include in regulations prescribed under this section a con5 cise statement of the impact of such regulations with respect

6 to the operation of section 20106 of this title (national uni7 formity of regulation).’’.

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

9 sections for subchapter II of chapter 201 of title 49, United

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

11 new item:

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

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 4867

AMENDMENT

TO

SENATE AMENDMENTS