```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2399 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2399

      To promote railroad safety and enhance interstate commerce.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

              August 16 (legislative day, August 11), 1994

   Mr. Exon introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
      To promote railroad safety and enhance interstate commerce.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Grade Crossing Safety and 
Research Act of 1994''.

SEC. 2. INSTITUTE FOR RAILROAD AND GRADE CROSSING SAFETY.

    The Secretary of Transportation (hereinafter Secretary), in 
conjunction with a university or college having expertise in highway 
driver and railroad safety, shall establish within one year of 
enactment of this Act, an Institute for Railroad and Grade Crossing 
Safety (hereinafter Institute). The Institute shall research, develop, 
fund, or test measures for reducing the number of fatalities and 
injuries in rail operations. The Institute shall focus on improvements 
in railroad grade crossing safety, railroad trespass prevention, 
prevention of railroad vandalism and the improved enforcement of laws 
in such areas. There is hereby authorized to be appropriated an 
additional $1,000,000 for each of the fiscal years 1996 through 2000 
for the Institute, which will make periodic reports to the Secretary of 
Transportation and the Congress.

SEC. 3. RAILROAD GRADE CROSSING, TRESPASSING AND VANDALISM PREVENTION 
              STRATEGY.

    (a) Not later than one year after the date of enactment of this 
Act, and in consultation with affected parties, the Secretary shall 
evaluate and review current local, State and Federal codes regarding 
trespass on railroad property and vandalism affecting railroad safety 
and develop model prevention and enforcement codes and enforcement 
strategies for the consideration of State and local legislatures and 
governmental entities.
    (b) Within one year of enactment of this Act, the Secretary shall 
develop and maintain a comprehensive outreach program to improve 
communications among Federal railroad safety inspectors, Federal Rail 
Administration-certified State inspectors, railroad police, and State 
and local law enforcement, for the purpose of addressing trespass and 
vandalism dangers on railroad property, and strengthening relevant law 
enforcement strategies. This program shall increase public and police 
awareness of the legality of, dangers inherent in, and the extent of, 
trespassing on railroad rights-of-way, to develop strategies to improve 
the prevention of trespass and vandalism, and to improve the 
enforcement of laws relating to railroad trespass, vandalism and grade 
crossing safety.
    (c) For purposes of this Act, a trespasser is defined as a person 
who is on that part of railroad property used in railroad operations 
and whose presence is prohibited, forbidden or unlawful.

SEC. 4. CIVIL PENALTY FOR VANDALISM.

    Not later than six months after the date of enactment of this Act, 
the Secretary shall amend the Secretary's regulations under section 202 
of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431) to make 
subject to a civil penalty of up to $5,000.00 under such Act any person 
who defaces, disables, damages, vandalizes or commits any act that 
adversely affects the function of any railroad grade crossing related 
signal system, sign, gate, device, sensor, or equipment.

SEC. 5. CIVIL PENALTY FOR TRESPASS ON RAILROAD PROPERTY.

    Not later than six months after the date of enactment of this Act, 
the Secretary of Transportation shall amend the Secretary's regulations 
under section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
431) to make subject to a civil penalty of up to $2,500.00 under such 
an Act any person who trespasses on a railroad owned or railroad leased 
right-of-way, road or bridge.

SEC. 6. WARNING OF CIVIL LIABILITY.

    The Secretary shall permit and encourage railroads to warn the 
public about potential Federal civil liability for violations of 
Federal regulations related to vandalism of railroad crossing related 
devices, signs and equipment and trespass on railroad property.

SEC. 7. WHISTLE BAN PROHIBITION.

    Upon the date of enactment, no state or political subdivision 
thereof shall impose a whistle ban with respect to any railroad grade 
crossing or series of railroad grade crossings unless one of the 
following actions has been taken:
            (1) The affected crossing is closed during the pendency of 
        the ban.
            (2) Crossing gates and median barriers have been installed 
        and are operational at the affected crossing.
            (3) Four quadrant gates have been installed and are in 
        operation at the affected crossing.
            (4) An automated horn system crossing device has been 
        installed.
            (5) The Federal rail administrator has granted specific, 
        time-limited permission for such ban.

SEC. 8. RAIL CAR VISIBILITY.

    (a) The Secretary shall conduct a review of the Department of 
Transportation's rules with respect to rail car visibility. As part of 
this review, the Secretary shall collect relevant data from operational 
experience of railroads having enhanced visibility measures in service.
    (b) Not later than June 30, 1996, the Secretary shall initiate a 
rulemaking proceeding to issue regulations requiring substantially 
enhanced visibility standards for newly manufactured and remanufactured 
rail cars. In such rulemaking proceedings the Secretary shall consider 
at a minimum--
            (1) visibility from the perspective of automobile drivers;
            (2) whether certain rail car paint colors should be 
        prohibited or required;
            (3) the use of reflective materials;
            (4) the visibility of lettering on rail cars;
            (5) the effect of any enhanced visibility measures on the 
        health and safety of train crew members; and
            (6) the ratio of cost to benefit of any new regulations.
    (c) In issuing regulations under paragraph (b), the Secretary may 
exclude from any specific visibility requirement any category of trains 
or rail operations if the Secretary determines that such an exclusion 
is in the public interest and is consistent with rail safety including 
railroad grade crossing safety.
    (d) As used in this subsection, the term ``railcar visibility'' 
means the enhancement of driver, pedestrian and railroad worker ability 
to observe trains consistent with public safety with particular 
consideration of enhancing safety at railroad grade crossings.

SEC. 9. STATEWIDE RAILROAD GRADE CROSSING FREEZE.

    Not later than two years after the date of enactment of this Act, 
the Secretary shall initiate a rulemaking proceeding to issue 
regulations which--
            (1) impose a freeze on the total number of railroad grade 
        crossings in each State of the United States of America;
            (2) after the effective date of the regulation require any 
        new railroad grade crossing opening to receive the specific 
        approval of the Federal Rail Administrator;
            (3) require that unless otherwise in the public interest, 
        or necessary to facilitate interstate commerce, three existing 
        railroad grade crossings be closed in the requesting State for 
        each new railroad grade crossing opened after the effective 
        date of this regulation; and
            (4) permit the Federal Rail Administrator to waive the 
        application of this regulation once a State has achieved 
        significant and sufficient reductions in the total number 
        railroad grade crossings or has an optimal number of railroad 
        grade crossings for the entire State.

SEC. 10. RESEARCH PRIORITIES.

    The Secretary of Transportation shall incorporate the enhancement 
of railroad grade crossing safety, the prevention of trespassing on 
railroad property and the prevention of vandalism to railroad grade 
crossing safety devices, signs and equipment into the research, 
technology development and testing priorities of the Department of 
Transportation. In carrying out activities authorized by this Act, the 
Secretary shall consult with such other governmental agencies 
concerning the availability and affordability of appropriate 
technologies, especially defense related technologies for application 
to railroad crossing safety, trespass and vandalism prevention and 
other rail safety initiatives.

SEC. 11. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS.

    Toll Free Telephone Number.--The Secretary of Transportation shall 
designate not later than one year after the date of enactment of this 
Act, and thereafter maintain an emergency notification system utilizing 
a toll free ``800'' telephone number that can be used by the public to 
convey to railroads, either directly or through public safety 
personnel, information about malfunctions or other safety problems at 
railroad-highway grade crossings.
                                 <all>
```