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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4867 Engrossed Amendment House (EAH)]

                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:

                        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 high-
        speed 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.
    (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.
``Sec. 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-of-
        way 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-of-way improvements, bridge rehabilitation and 
        replacement, use 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 
        highway-rail 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 high-
        speed rail corridor by the Secretary.
``Sec. 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 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.
``Sec. 26103. Safety regulations
    ``The Secretary shall promulgate such safety regulations as may be 
necessary for high-speed rail services.
``Sec. 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.
``Sec. 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 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 Liabilities.--
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:
``Sec. 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 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
            (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:
``Sec. 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:
``Sec. 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 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:
``Sec. 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:
``Sec. 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 requirement 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:
``Sec. 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:
``Sec. 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:
``Sec. 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 
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.''.

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:
``Sec. 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.''.
    (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:
``Sec. 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 
        railroad-highway 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:
``Sec. 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;
            ``(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, 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.''.
            Attest:

                                                                 Clerk.
103d CONGRESS

  2d Session

                               H. R. 4867

_______________________________________________________________________

                               AMENDMENT

                                   TO

                           SENATE AMENDMENTS
```