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 au-
thorize 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 trans-
portation in certain densely traveled corridors linking
major metropolitan areas in the United States;
(2) high-speed rail may have environmental ad-
vantages over certain other forms of intercity trans-
portation;
(3) Amtrak’s Metroliner service between Wash-
ington, District of Columbia, and New York, New
York, the United States premier high-speed rail serv-
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ice, 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 ex-
penses;
(5) State and local governments should take the
prime responsibility for the development and imple-
mentation of high-speed rail service;
(6) the private sector should participate in fund-
ing 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, in-
cluding reasonable estimates of the costs and benefits,
of high-speed rail systems;
(8) improvement of existing technologies can fa-
cilitate the development of high-speed rail systems in
the United States; and
(9) Federal assistance is required for the im-
provement, 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 encour-
age farsighted State, local, and private efforts in the analy-
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sis and planning for high-speed rail systems in appropriate
intercity corridors.
SEC. 103. NATIONAL HIGH-SPEED RAIL ASSISTANCE PRO-
GRAM.
(a) AMENDMENTS.—(1) Part D of subtitle V of title
49, United States Code, is redesignated as part E, chapter
261 of such title is redesignated as chapter 281, and sections
26101 and 26102 of such title are redesignated as sections
28101 and 28102.
(2) Subtitle V of title 49, United States Code, is
amended by inserting after part C the following new part:
‘‘PART D—HIGH-SPEED RAIL
‘‘CHAPTER 261—HIGH-SPEED RAIL
ASSISTANCE
‘‘Sec.
‘‘26101. Corridor planning.
‘‘26102. High-speed rail technology improvements.
‘‘26103. Safety regulations.
‘‘26104. Authorization of appropriations.
‘‘26105. Definitions.
‘‘§ 26101. Corridor planning
‘‘(a) CORRIDOR PLANNING ASSISTANCE.—(1) The Sec-
retary 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
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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 estab-
lish appropriate engineering, operational, financial, envi-
ronmental, or socioeconomic projections for the establish-
ment of high-speed rail service in the corridor and that it
leads toward development of a prudent financial and insti-
tutional plan for implementation of specific high-speed rail
improvements. Eligible corridor planning activities in-
clude—
‘‘(A) environmental assessments;
‘‘(B) feasibility studies emphasizing commercial
technology improvements or applications;
‘‘(C) economic analyses, including ridership, rev-
enue, 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;
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‘‘(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 rehabili-
tation 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 cap-
ital 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 ASSIST-
ANCE.—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 Sec-
retary’s national high-speed ground transportation
policy;
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‘‘(12) the extent to which the projected revenues
of the proposed high-speed rail service, along with
any financial commitments of State or local govern-
ments and the private sector, are expected to cover
capital costs and operating and maintenance ex-
penses;
‘‘(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.
‘‘§ 26102. High-speed rail technology improvements
‘‘(a) AUTHORITY.—The Secretary may undertake ac-
tivities 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 activi-
ties 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 Sec-
retary shall consult with such other governmental agencies
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as may be necessary concerning the availability of appro-
priate technologies for commercial application in high-
speed rail service in the United States.
‘‘§ 26103. Safety regulations
‘‘The Secretary shall promulgate such safety regula-
tions as may be necessary for high-speed rail services.
‘‘§ 26104. Authorization of appropriations
‘‘(a) FISCAL YEAR 1995.—There are authorized to be
appropriated to the Secretary $29,000,000 for fiscal year
1995, for carrying out sections 26101 and 26102 (including
payment of administrative expenses related thereto).
‘‘(b) FISCAL YEAR 1996.—(1) There are authorized to
be appropriated to the Secretary $40,000,000 for fiscal year
1996, for carrying out section 26101 (including payment
of administrative expenses related thereto).
‘‘(2) There are authorized to be appropriated to the
Secretary $30,000,000 for fiscal year 1996, for carrying out
section 26102 (including payment of administrative ex-
penses 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
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section 26102 (including payment of administrative ex-
penses related thereto).
‘‘(d) FUNDS TO REMAIN AVAILABLE.—Funds made
available under this section shall remain available until ex-
pended.
‘‘§ 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 posses-
sion of the United States; and
‘‘(6) the term ‘United States private business’
means a business entity organized under the laws of
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the United States, or of a State, and conducting sub-
stantial 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 in-
serting 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 sub-
section (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 obliga-
tions and liabilities of such company which remain out-
standing under sections 505 and 511 of the Railroad Revi-
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talization 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 Re-
form Act of 1990 (2 U.S.C. 661 et seq.).
TITLE II—RAIL SAFETY
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Federal Railroad Safety
Authorization Act of 1994’’.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
Section 20117(a)(1) of title 49, United States Code,
is amended by adding after subparagraph (B) the following
new subparagraphs:
‘‘(C) $68,289,000 for fiscal year 1995.
‘‘(D) $75,112,000 for fiscal year 1996.
‘‘(E) $82,563,000 for fiscal year 1997.
‘‘(F) $90,739,000 for fiscal year 1998.’’.
SEC. 203. HOURS OF SERVICE PILOT PROJECTS.
(a) AMENDMENT.—Chapter 211 of title 49, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 21108. Pilot projects
‘‘(a) WAIVER.—A railroad carrier or railroad carriers
and all labor organizations representing any class or craft
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of directly affected covered service employees of the railroad
carrier or railroad carriers, may jointly petition the Sec-
retary 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 concern-
ing 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 peti-
tion, 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 grant-
ed under subsection (a);
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‘‘(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 cov-
ered 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 Transpor-
tation by subsection (e) (1), (2), and (6)(A) of section 6
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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 REPORT-
ING.
(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 fol-
lowing information about the prior year’’ and insert-
ing in lieu thereof ‘‘every two years, on or before July
1 of the year due, a comprehensive report on the ad-
ministration of this chapter for the preceding two cal-
endar years. The report shall include the following in-
formation 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.’’.
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SEC. 207. REPORT ON BRIDGE DISPLACEMENT DETECTION
SYSTEMS.
(a) AMENDMENT.—Subchapter II of chapter 201 of
title 49, United States Code, is amended by adding at the
end the following new section:
‘‘§ 20145. Report on bridge displacement detection sys-
tems
‘‘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 Com-
mittee 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 dis-
placement 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’’;
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(2) in subsection (a)(1), by inserting ‘‘, includ-
ing cold weather installation procedures’’ after ‘‘at-
tendant structure’’; and
(3) by adding at the end the following new sub-
section:
‘‘(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, pre-
vents the identification of internal defects.’’.
SEC. 209. RESIDENCE OF EMPLOYEES.
The amendments made by section 7 of the Amtrak Re-
authorization 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:
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‘‘§ 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 en-
actment 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 sec-
tion 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:
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‘‘§ 20147. Warning of civil liability
‘‘The Secretary of Transportation shall encourage rail-
road 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 rail-
road property.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of
sections for subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following
new item:
‘‘20147. Warning of civil liability.’’.
SEC. 212. RAILROAD CAR VISIBILITY.
(a) AMENDMENT.—Subchapter II of chapter 201 of
title 49, United States Code, is amended by adding at the
end the following new section:
‘‘§ 20148. Railroad car visibility
‘‘(a) REVIEW OF RULES.—The Secretary of Transpor-
tation shall conduct a review of the Department of Trans-
portation’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 visi-
bility would likely improve safety in a cost-effective man-
ner, the Secretary shall initiate a rulemaking proceeding
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to prescribe regulations requiring enhanced visibility stand-
ards for newly manufactured and remanufactured railroad
cars. In such proceeding the Secretary shall consider, at a
minimum—
‘‘(1) visibility of railroad cars from the perspec-
tive 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 meas-
ures 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 op-
erations if the Secretary determines that such an exclusion
is in the public interest and is consistent with railroad safe-
ty.’’.
(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.’’.
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demonstration of positive train control systems by Decem-
ber 31, 1995.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of
sections for subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following
new item:
‘‘20150. Positive train control system progress report.’’.
SEC. 215. PASSENGER CAR SAFETY STANDARDS.
(a) AMENDMENT.—Section 20133 of title 49, United
States Code, is amended to read as follows:
‘‘§ 20133. Passenger cars
‘‘(a) MINIMUM STANDARDS.—The Secretary of Trans-
portation 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 re-
straints, seat belts, and exposed surfaces) that may af-
fect passenger safety;
‘‘(3) maintenance and inspection of the cars;
‘‘(4) emergency response procedures and equip-
ment; and
‘‘(5) any operating rules and conditions that di-
rectly affect safety not otherwise governed by regula-
tions.
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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 doc-
ument the basis for making such standards applicable to
existing cars.
‘‘(b) INITIAL AND FINAL REGULATIONS.—(1) The Sec-
retary 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 reg-
ulations may exempt equipment used by tourist, historic,
scenic, and excursion railroad carriers to transport pas-
sengers.
‘‘(2) The Secretary shall prescribe final regulations
under subsection (a) within 5 years after such date of enact-
ment.
‘‘(c) PERSONNEL.—The Secretary may establish with-
in the Department of Transportation 2 additional full time
equivalent positions beyond the number permitted under ex-
isting law to assist with the drafting, prescribing, and im-
plementation of regulations under this section.
‘‘(d) CONSULTATION.—In prescribing regulations, is-
suing orders, and making amendments under this section,
the Secretary may consult with Amtrak, public authorities
operating railroad passenger service, other railroad carriers
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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 re-
lating 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 govern-
ments) 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 Administra-
tion. The authority of the Secretary granted by this sub-
section shall be carried out by the Administrator. Notwith-
standing any other provision of this chapter, no authority
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to enter into contracts or to make payments under this sub-
section shall be effective, except as provided for in appro-
priations 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 tour-
ist, historic, scenic, or excursion railroad carriers, the Sec-
retary 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 re-
port to Congress not later than September 30, 1995, on ac-
tions 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 ap-
propriated 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 Life-
saver, Inc.’’.
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SEC. 219. RAILROAD TRESPASSING AND VANDALISM PRE-
VENTION STRATEGY.
(a) AMENDMENT.—Subchapter II of chapter 201 of
title 49, United States Code, is amended by adding at the
end the following new section:
‘‘§ 20151. Railroad trespassing and vandalism preven-
tion strategy
‘‘(a) EVALUATION OF EXISTING LAWS.—In consulta-
tion with affected parties, the Secretary of Transportation
shall evaluate and review current local, State, and Federal
laws regarding trespassing on railroad property and van-
dalism affecting railroad safety, and develop model preven-
tion strategies and enforcement laws to be used for the con-
sideration of State and local legislatures and governmental
entities. The first such evaluation and review shall be com-
pleted within 1 year after the date of enactment of the Fed-
eral Railroad Safety Authorization Act of 1994. The Sec-
retary shall revise such model prevention strategies and en-
forcement codes periodically.
‘‘(b) OUTREACH PROGRAM.—The Secretary shall de-
velop and maintain a comprehensive outreach program to
improve communications among Federal railroad safety in-
spectors, State inspectors certified by the Federal Railroad
Administration, railroad police, and State and local law
enforcement officers, for the purpose of addressing trespass-
ing and vandalism problems on railroad property, and
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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 Au-
thorization Act of 1994, the Secretary, after consultation
with State and local governments and railroad carriers,
shall develop and make available to State and local govern-
ments model State legislation providing for—
‘‘(1) civil or criminal penalties, or both, for van-
dalism 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 tres-
passing 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.’’.