II
103D CONGRESS
2D SESSION
H. R. 4545
IN THE SENATE OF THE UNITED STATES
AUGUST 9 (legislative day, AUGUST 8), 1994
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
OCTOBER 6 (legislative day, SEPTEMBER 12), 1994
Committee discharged
AN ACT
To amend the rail safety provisions of title 49, United States
Code, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Railroad Safe-
ty Authorization Act of 1994’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 20117(a)(1) of title 49, United States Code,
is amended by adding after subparagraph (B) the follow-
ing 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. 3. HOURS OF SERVICE PILOT PROJECTS.
(a) AMENDMENT.—Chapter 211 of title 49, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘SEC. 21108. PILOT PROJECTS.
‘‘(a) WAIVER.—A railroad or railroads and all labor
organizations representing any class or craft of directly
affected covered service employees of the railroad or rail-
roads, may jointly petition the Secretary of Transpor-
tation 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 applica-
tion 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 expla-
nation 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. 4. 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. 5. 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 Trans-
portation 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. 6. 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 administration of this chapter for the preceding
two calendar years. The report shall include the fol-
lowing information about such calendar years’’; and
(3) in paragraph (1), by inserting ‘‘, by cal-
endar 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. 7. REPORT ON BRIDGE DISPLACEMENT DETECTION
SYSTEMS.
Not later than 18 months after the date of enactment
of this Act, the Secretary 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.
SEC. 8. 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 ‘‘, 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
DE-
FECTS.—In carrying out subsections (a) and (b), the Sec-
retary shall consider whether or not to prescribe regula-
tions 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. 9. 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.
Passed the House of Representatives August 8,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.