In the Senate of the United States,
October 6 (legislative day, September 12), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 4545) entitled ‘‘An Act to amend the rail safety
provisions of title 49, United States Code, and for other pur-
poses’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION. 1. SHORT TITLES.
(a) TITLE I.—Title I of this Act may be cited as the
‘‘Federal Railroad Safety Authorization Act of 1994’’.
(b) TITLE II.—Title II of this Act may be cited as
the ‘‘High Risk Drivers Act of 1994’’.
TITLE I—FEDERAL RAILROAD
SAFETY
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 20117(a)(1) of title 49, United States Code,
is amended by inserting after subparagraph (B) the follow-
ing:
‘‘(C) $68,289,000 for the fiscal year ending
September 30, 1995.
‘‘(D) $75,112,000 for the fiscal year ending
September 30, 1996.
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‘‘(E) $82,563,000 for the fiscal year ending
September 30, 1997.
‘‘(F) $90,739,000 for the fiscal year ending
September 30, 1998.’’.
SEC. 102. HOURS OF SERVICE PILOT PROJECT.
(a) IN GENERAL.—Chapter 211 of title 49, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 12108. Hours of service pilot project
‘‘(a) PILOT PROJECTS AUTHORIZED.—A railroad or
railroads, and all labor organizations representing any di-
rectly affected covered service employees of the railroad or
railroads, may jointly petition the Secretary of Transpor-
tation for approval of one or more pilot projects to dem-
onstrate the possible benefits and costs of implementing al-
ternatives to the requirements of this Act, including, but
not limited to, those concerning maximum on-duty and
minimum off-duty periods. Based on such a joint petition,
the Secretary, after notice and opportunity for comment,
may waive, in whole or in part, compliance with this Act
for a period of no more than 2 years, if the Secretary deter-
mines that such waiver of compliance is in the public inter-
est and is consistent with railroad safety. Any such waiver
may, based on a new petition, be extended for additional
periods of up to 2 years, after notice and opportunity for
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comment. An explanation of any waiver granted under this
section shall be published in the Federal Register.
‘‘(b) REPORT.—The Secretary shall submit to Congress
no later than June 1, 1996, an interim report that discusses
the status of the pilot project program and a final report
by January 1, 1998, that explains and analyzes the impact
on safety, railroad operating conditions, railroad oper-
ations, and potential benefits of any pilot projects approved
under this section.’’.
(b) CIVIL PENALTY.—The first sentence of section
21303(a) of title 49, United States Code, is amended by
inserting a comma and ‘‘or a provision of a waiver granted
under section 12108 of this title,’’ after ‘‘of this title’’ the
second place it appears.
(c) CLERICAL AMENDMENT.—The table of sections for
chapter 211 of title 49, United States Code, is amended by
adding at the end thereof the following:
‘‘12108. Hours of service pilot project.’’.
SEC. 103. TECHNICAL AMENDMENT TO FEDERAL RAILROAD
SAFETY ACT OF 1970.
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), or (6)(A) of section 6 of
the Department of Transportation Act, as such Act is in
effect on June 1, 1994, or’’ after ‘‘individual’s violation of’’.
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SEC. 104. BIENNIAL REPORTING ON IMPLEMENTATION OF
FEDERAL RAILROAD SAFETY ACT OF 1970.
(a) IN GENERAL.—Section 20116 of title 49, United
States Code, is amended by striking ‘‘not later than July
1 of each year a report on carrying out this chapter for
the prior calendar year’’ in the first sentence and inserting
‘‘every 2 years, on or before July 1, a report on carrying
out this chapter for the preceding 2 calendar years’’.
(b) CONFORMING AMENDMENT.—The section heading
for that section is amended by striking ‘‘Annual report’’
and inserting in lieu thereof ‘‘Biennial report’’.
SEC. 105. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.
(a) AMENDMENT OF REGULATIONS.—The Secretary of
Transportation shall conduct a rulemaking proceeding to
amend the regulations under section 500.407 of title 23,
Code of Federal Regulations, to require that each highway
safety management system developed, established, and im-
plemented by a State shall, among countermeasures and
priorities established under subsection (b)(2) of that sec-
tion—
(1) include public railroad-highway grade-cross-
ing closure plans that are aimed at eliminating high-
risk or redundant crossings (as defined by the Sec-
retary);
(2) include railroad-highway grade-crossing poli-
cies that limit the creation of new at-grade crossings
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for vehicle or pedestrian traffic, recreational use, or
any other purpose; and
(3) include plans for State policies, programs,
and resources to further reduce death and injury at
high-risk railroad-highway grade crossings.
(b) DEADLINE.—The Secretary of Transportation shall
complete the rulemaking proceeding described in subsection
(a) and prescribe the required amended regulations, not
later than one year after the date of enactment of this Act.
SEC. 106. EMERGENCY NOTIFICATION OF GRADE-CROSSING
PROBLEMS.
Section 20134 of title 49, United States Code, is
amended by adding at the end thereof the following new
subsection:
‘‘(d) PILOT PROGRAMS.—
‘‘(1) The Secretary of Transportation shall con-
duct a pilot program to demonstrate an emergency
notification system utilizing a toll free telephone
number that the public can use to convey to railroads,
either directly or through public safety personnel, in-
formation about malfunctions or other safety prob-
lems at railroad-highway grade crossings. The pilot
program, at a minimum—
‘‘(A) shall include railroad-highway grade
crossings in at least 2 States,
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‘‘(B) shall include provisions for public edu-
cation and awareness of the program, and
‘‘(C) shall require information to be posted
at the railroad-highway grade crossing describ-
ing the emergency notification system and in-
structions 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.
‘‘(2) The Secretary shall complete the pilot pro-
gram not later than 24 months after the date of en-
actment of the Federal Railroad Safety Authorization
Act of 1994, 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 ef-
fectiveness 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 effec-
tiveness, and the burdens on participants, including
the railroads and law enforcement personnel.
‘‘(3) Unless the Secretary determines that—
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‘‘(A) the national notification system would
not be a cost-effective means of providing timely
and accurate notification of railroad-highway
grade crossing safety emergencies; or
‘‘(B) State-level notification systems evalu-
ated by the Secretary offer a clearly superior
means of providing such notification, and the
Secretary includes in the report to the Congress
under paragraph (2) a strategy and schedule for
extending such systems to other States;
then the Secretary shall establish, and shall issue im-
plementing regulations for, a national notification
system, within 24 months after the date on which the
report is issued. The regulations shall include provi-
sions requiring railroads to erect and maintain ap-
propriate signs and to provide necessary railroad-
highway grade crossing information to the United
States DOT/AAR Rail-Highway Grade Crossing In-
ventory.
‘‘(4) In addition to sums authorized under sec-
tion 20117(a)(1) of this title, there are authorized to
be appropriated to carry out this section not to exceed
$700,000 for fiscal year 1995, $250,000 for fiscal year
1996, $800,000 for fiscal year 1997, and $400,000 for
fiscal year 1998.’’.
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SEC. 107. OPERATION LIFESAVER.
(a) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts otherwise authorized by law, there are au-
thorized to be appropriated for railroad research and devel-
opment $300,000 for fiscal year 1995, $500,000 for fiscal
year 1996, and $750,000 for fiscal year 1997, to support
Operation Lifesaver, Inc.
(b) PROGRAM
REQUIREMENTS.—The Secretary of
Transportation shall not provide financial assistance from
any amount appropriated for railroad research and devel-
opment to Operation Lifesaver, Inc., in excess of $150,000
for any fiscal year unless—
(1) such excess funding is for the development
and implementation of a national, multi-year, multi-
media public information and law enforcement pro-
gram for the reduction of fatalities and serious inju-
ries involving railroad-highway grade crossings and
trespassing on railroad rights-of-way and property;
and
(2) at least 30 percent of the costs of developing
and implementing such program is provided from
non-Federal sources, including States and railroads.
(c) SECRETARY OR DELEGATES TO SERVE EX OFFICIO
ON BOARDS OF RECIPIENT ORGANIZATIONS.—In order to
ensure maximum coordination and effectiveness in carrying
out the Operation Lifesaver program, the Secretary of
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Transportation or, by delegation, the Administrator of the
Federal Railroad Administration and the Administrator of
the Federal Highway Administration, is authorized to
serve, ex officio, as a member of the board of directors (or
similar governing body) of any organization receiving
funds made available by the Secretary for carrying out a
program of public information and education to reduce or
prevent motor vehicle accidents, injuries, and fatalities, or
to improve driver performance, at railroad-highway grade
crossings, and to prevent trespassing on railroad rights-of-
way and resulting injuries and fatalities.
SEC. 108. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.
(a) IN GENERAL.—In implementing the Intelligent Ve-
hicle-Highway Systems Act of 1991 (23 U.S.C. 307 note),
the Secretary of Transportation shall ensure that the Na-
tional Intelligent Vehicle-Highway Systems Program ad-
dresses, in a comprehensive and coordinated manner, the
use of intelligent vehicle-highway technologies to promote
safety at railroad-highway grade crossings. The Secretary
of Transportation shall ensure that two or more operational
tests funded under such Act shall promote highway traffic
safety and railroad safety.
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SEC. 109. VIOLATION OF GRADE-CROSSING LAWS AND REG-
ULATIONS.
(a) FEDERAL REGULATIONS.—Section 31311 of title
49, United States Code, is amended by adding at the end
the following new subsection:
‘‘(h) GRADE-CROSSING VIOLATIONS.—
‘‘(1) SANCTIONS.—The Secretary shall issue reg-
ulations establishing sanctions and penalties relating
to violations, by persons operating commercial motor
vehicles, of laws and regulations pertaining to rail-
road-highway grade crossings.
‘‘(2) MINIMUM REQUIREMENTS.—Regulations is-
sued under paragraph (1) shall, at a minimum, re-
quire that—
‘‘(A) the penalty for a single violation shall
not be less than a 60-day disqualification of the
driver’s commercial driver’s license; and
‘‘(B) any employer that knowingly allows,
permits, authorizes, or requires an employee to
operate a commercial motor vehicle in violation
of such a law or regulation shall be subject to a
civil penalty of not more than $10,000.’’.
(b) DEADLINE.—The initial regulations required
under section 31310(h) of title 49, United States Code, shall
be issued not later than one year after the date of enactment
of this Act.
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(c) STATE REGULATIONS.—Section 31311(a) of title
49, United States Code, is amended by adding at the end
the following new paragraph:
‘‘(18) 
GRADE-CROSSING
REGULATIONS.—The
State shall adopt and enforce regulations prescribed
by the Secretary under section 31310(h) of this title.’’.
SEC. 110. SAFETY ENFORCEMENT.
(a) COOPERATION BETWEEN FEDERAL AND STATE
AGENCIES.—The National Highway Traffic Safety Admin-
istration, and the Office of Motor Carriers within the Fed-
eral Highway Administration, shall on a continuing basis
cooperate and work with the National Association of Gov-
ernors’ Highway Safety Representatives, the Commercial
Vehicle Safety Alliance, and Operation Lifesaver, Inc., to
improve compliance with and enforcement of laws and reg-
ulations pertaining to railroad-highway grade crossings.
(b) REPORT.—The Secretary of Transportation shall
submit a report to Congress by January 1, 1996, indicating
(1) how the Department worked with the above mentioned
entities to improve the awareness of the highway and com-
mercial vehicle safety and law enforcement communities of
regulations and safety challenges at railroad-highway grade
crossings, and (2) how resources are being allocated to better
address these challenges and enforce such regulations.
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SEC. 111. INSTITUTE FOR RAILROAD AND GRADE-CROSSING
SAFETY.
The Secretary of Transportation, in conjunction with
a university or college having expertise in highway, traffic,
and railroad safety, shall establish, within one year of en-
actment of this Act, an Institute for Railroad and Grade-
Crossing Safety. The Institute shall research, develop, fund,
or test measures for reducing the number of fatalities and
injuries in railroad operations, focusing on improvements
in railroad-highway grade-crossing safety, railroad tres-
passing, prevention, and enforcement. There is hereby au-
thorized to be appropriated to the Secretary $1,000,000 for
each of the fiscal years 1996 through 2000 to fund activities
under the preceding sentence carried out 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.
SEC. 112. RAILROAD GRADE-CROSSING 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 consider-
ation of State and local legislatures and governmental enti-
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ties. The first such evaluation and review shall be completed
within 1 year after the date of enactment of this Act. The
Secretary shall revise such model prevention strategies and
enforcement 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 the railroads and 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 van-
dalism, and to improve the enforcement of laws relating to
railroad trespass, vandalism, and grade crossings safety.
(c) MODEL LEGISLATION.—Within 18 months after the
date of enactment of this Act, the Secretary, after consulta-
tion with State and local governments, shall develop and
make available to State and local governments model State
legislation providing for—
(1) civil or criminal penalties, or both, for van-
dalism of railroad equipment or property which could
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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.
SEC. 113. WARNING OF CIVIL LIABILITY.
The Secretary of Transportation shall encourage rail-
roads to warn the public about potential liability for viola-
tion of regulations related to vandalism of railroad-high-
way grade crossing signs, devices, and equipment and to
trespass on railroad property.
SEC. 114. LOCOMOTIVE WHISTLE BAN PROHIBITION.
(a) PROHIBITION.—No State or political subdivision
thereof shall enact or enforce a locomotive whistle ban with
respect to any railroad-highway grade crossing or series of
railroad-highway grade crossings after December 31, 1995,
unless, consistent with regulations issued under subsection
(c), one of the following actions has been taken with respect
to a crossing or series of crossings (as determined by the
Secretary)—
(1) the affected crossing is closed during the
hours covered by the ban;
(2) crossing gates and median barriers have been
installed and are operational;
(3) 4-quadrant gates have been installed and are
operating; or
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(4) other effective safety measures, described in
regulations issued by the Secretary (including regula-
tions involving the demonstration and evaluation of
new safety measures), are in place at an affected
crossing or series of crossings.
(b) TESTING.—The Secretary of Transportation is au-
thorized to approve the testing of railroad-highway grade
crossing safety measures, including demonstration and
evaluation of such measures at railroad-highway grade
crossings.
(c) REGULATIONS.—By January 1, 1996, the Sec-
retary of Transportation shall issue regulations implement-
ing this section. These regulations shall include—
(1) standards for safety measures identified in
paragraphs (1), (2), and (3) of subsection (a);
(2) identification of any additional safety meas-
ures that provide an equivalent level of safety to that
provided by the safety measures identified in para-
graphs (2) and (3) of subsection (a); and
(3) procedures for securing approval to dem-
onstrate new railroad-highway grade crossing safety
measures at railroad-highway grade crossings.
SEC. 115. RAILROAD CAR VISIBILITY.
(a) REVIEW OF RULES.—The Secretary of Transpor-
tation shall conduct a review of the Department of Trans-
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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. The Secretary shall also con-
duct such research as may be required to establish whether
enhanced visibility of railroad cars would improve driver
behavior and thereby reduce railroad-highway grade cross-
ing accidents.
(b) REGULATIONS.—If the review and research con-
ducted under subsection (a) establishes that enhanced rail-
road car visibility would likely enhance safety in a cost-
effective manner, the Secretary shall initiate a rulemaking
proceeding to issue regulations requiring substantially en-
hanced visibility standards for newly manufactured and re-
manufactured railroad cars. In such proceeding the Sec-
retary shall consider, at a minimum—
(1) visibility from the perspective of an auto-
mobile driver;
(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.
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(c) EXCLUSIONS.—In issuing regulations under sub-
section (b), the Secretary may exclude from any specific vis-
ibility requirement any category of trains or railroad oper-
ations if the Secretary determines that such an exclusion
is in the public interest and is consistent with railroad safe-
ty including railroad-highway crossing safety.
SEC. 116. CROSSING ELIMINATION; STATEWIDE CROSSING
FREEZE.
(a) STATEMENT OF POLICY.—
(1) Railroad-highway grade crossings present in-
herent hazards to the safety of railroad operations
and to the safety of persons using those crossings. It
is in the public interest—
(A) to eliminate redundant and high risk
railroad-highway grade crossings; and
(B) to limit the creation of new crossings to
the minimum necessary to provide for the rea-
sonable mobility of the American people and
their property, including emergency access.
(2) Elimination of redundant and high-risk rail-
road-highway grade crossings is necessary to permit
optimum use of available funds to improve the safety
of remaining crossings, including funds provided
under Federal law.
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(3) Effective programs to reduce the number of
unneeded railroad-highway grade crossings, and to
close those crossings that cannot be made reasonably
safe (due to reasons of topography, angles of intersec-
tion, etc.), require the partnership of Federal, State,
and local officials and agencies, and affected rail-
roads.
(4) Promotion of a balanced national transpor-
tation system requires that highway planning specifi-
cally take into consideration the interface between
highways and the national railroad system.
(b) PARTNERSHIP AND OVERSIGHT.—The Secretary
shall foster a partnership among Federal, State, and local
transportation officials and agencies to reduce the number
of railroad-highway grade crossings and to improve safety
at remaining crossings. The Secretary shall make provision
for periodic review to ensure that each State (including
State subdivisions and local governments) is making sub-
stantial, continued progress toward achievement of the pur-
poses of this section.
(c) CROSSING FREEZE.—If, upon review, and after op-
portunity for a hearing, the Secretary determines that a
State or political subdivision thereof has failed to make sub-
stantial, continued progress toward achievement of the pur-
poses of this section, then the Secretary shall impose a limit
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on the maximum number of public railroad-highway grade
crossings in that State. The limitation imposed by the Sec-
retary under this subsection shall remain in effect until the
State demonstrates compliance with the requirements of this
section. In addition, the Secretary may, for a period of not
more than 3 years after such a determination, require com-
pliance with specific numeric targets for net reductions in
the number of railroad-highway grade crossings (including
specification of hazard categories with which such crossings
are associated).
(d) REGULATIONS.—The Secretary shall issue such
regulations as may be necessary to carry out this section.
SEC. 117. RESEARCH PRIORITIES.
(a) 5-YEAR PLAN.—
(1) The Secretary of Transportation shall submit
to Congress a 5-year strategic plan that will dem-
onstrate improved programs to enhance railroad safe-
ty (including human factors and railroad-highway
grade-crossing safety), the prevention of trespassing
on railroad property, and the prevention of vandal-
ism to railroad-highway grade crossing safety devices
and signs. With respect to human factors, the strate-
gic plan shall establish a comprehensive program to
investigate workload, stress, and fatigue, operator
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training, ergonomics, operating rules, and other areas
judged appropriate by the Secretary.
(2) The plan shall be incorporated into the re-
search, technology development, and testing priorities
of the Federal Railroad Administration.
(3) The plan shall be submitted to Congress no
later than January 1, 1996.
(4) There are authorized to be appropriated for
conducting such programs $3,500,000 for each of the
fiscal years 1996 through 1999.
(b) PARTICIPATION OF OTHER AGENCIES.—In carry-
ing out the activities authorized by this Act, the Secretary
shall cooperate with other Federal agencies and seek to
maximize the use of Federal monies to apply defense-related
technologies to railroad-highway grade crossing safety, tres-
passing prevention, and other railroad-safety initiatives.
SEC. 118. COORDINATION WITH THE DEPARTMENT OF
LABOR.
The Secretary of Transportation shall consult with the
Secretary of Labor on a regular basis to assure that all
applicable laws affecting safe working conditions for rail-
road employees are appropriately enforced to assure a safe
and productive working environment for the railroad in-
dustry.
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SEC. 119. POSITIVE TRAIN CONTROL SYSTEM PROGRESS
REPORT.
The Secretary of Transportation shall make annual
progress reports to the Committees of the Senate and of the
House of Representatives with jurisdiction over railroads
on the development, deployment, and demonstration of
Positive Train Control Systems.
SEC. 120. PASSENGER CAR SAFETY STANDARDS.
Section 20133 of title 49, United States Code, is
amended by adding at the end the following new subsection:
‘‘(d) MINIMUM STANDARDS.—
‘‘(1) The Secretary shall issue regulations estab-
lishing minimum standards for the safety of cars used
by railroads to transport passengers. The regulations
shall address, at a minimum, crashworthiness of the
cars, interior features (including luggage restraints,
seat belts, and exposed surfaces) that may affect pas-
senger safety; maintenance and inspection of the cars;
emergency response procedures and equipment; and
any operating rules and conditions that directly af-
fect safety not otherwise governed by regulations or
orders. The Secretary may make applicable some or
all of these standards to cars existing at the time of
the issuance of the regulations as well as to new cars,
and the Secretary shall explain in the rulemaking
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document the basis for making such standards appli-
cable to existing cars.
‘‘(2) The Secretary shall issue initial standards
for railroad passenger safety, including standards ad-
dressing core safety concerns for which research has
been completed, within 3 years after the date of enact-
ment of the Federal Railroad Safety Authorization
Act of 1994. The initial standards may except equip-
ment used by historical, scenic, and excursion rail-
roads to transport passengers. The Secretary shall
complete the issuance of passenger safety standards
required by this section within 5 years after such
date.
‘‘(3) The Secretary is authorized to establish
within the Department of Transportation 2 addi-
tional full time equivalent positions beyond the num-
ber currently authorized by existing law to assist with
the drafting, issuance, and implementation of the reg-
ulations described in paragraph (1).’’.
SEC. 121. GRANT AUTHORITY.
Section 103 of title 49, United States Code, is amended
by redesignating subsection (d) as (e), and by inserting
after subsection (c) the following new subsection:
‘‘(d) Subject to the provisions of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 471
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et seq.), the Secretary 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 pri-
vate organizations and persons, and to make such pay-
ments, by way of advance or reimbursement, as the Sec-
retary 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 appropriation
Acts.’’.
SEC. 122. TOURIST RAILROADS.
Section 20103 of title 49, United States Code, is
amended by adding at the end thereof the following new
subsection:
‘‘(f) In prescribing regulations that pertain to safety
that affect tourist, historic, or excursion railroad carriers,
the Secretary 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 efforts made
to revise and update regulations that pertain to safety that
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affect tourist, historical, or excursion railroad carriers. The
report shall address the financial, operational, and other
factors that may be unique to these railroads.’’.
SEC. 123. AUTHORIZATION.
There are authorized to be appropriated to the Sec-
retary of Transportation for the benefit of Amtrak
$40,000,000 for fiscal year 1995 and $50,000,000 for fiscal
year 1996 to be used for engineering, design, and construc-
tion activities to enable the James A. Farley Post Office
in New York, New York, to be used as a train station and
commercial center and for necessary improvements and re-
development of the existing Pennsylvania Station and asso-
ciated service bundling in New York, New York.
TITLE II—HIGH RISK DRIVERS
PROGRAM
SUBTITLE A—HIGH-RISK AND ALCOHOL-
IMPAIRED DRIVERS
SEC. 211. FINDINGS.
The Congress makes the following findings:
(1) The Nation’s traffic fatality rate has declined
from 5.5 deaths per 100 million vehicle miles traveled
in 1966 to an historic low of an estimated 1.8 deaths
per 100 million vehicle miles traveled during 1992. In
order to further this desired trend, the safety pro-
grams and policies implemented by the Department of
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Transportation must be continued, and at the same
time, the focus of these efforts as they pertain to high
risk drivers of all ages must be strengthened.
(2) Motor vehicle crashes are the leading cause of
death among teenagers, and teenage drivers tend to be
at fault for their fatal crashes more often than older
drivers. Drivers who are 16 to 20 years old comprised
7.4 percent of the United States population in 1991
but were involved in 15.4 percent of fatal motor vehi-
cle crashes. Also, on the basis of crashes per 100,000
licensed drivers, young drivers are the highest risk
group of drivers.
(3) During 1991, 6,630 teenagers from age 15
through 20 died in motor vehicle crashes. This tragic
loss demands that the Federal Government intensify
its efforts to promote highway safety among members
of this high risk group.
(4) The consumption of alcohol, speeding over al-
lowable limits or too fast for road conditions, inad-
equate use of occupant restraints, and other high risk
behaviors are several of the key causes for this tragic
loss of young drivers and passengers. The Department
of Transportation, working cooperatively with the
States, student groups, and other organizations, must
reinvigorate its current programs and policies to ad-
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dress more effectively these pressing problems of teen-
age drivers.
(5) In 1991 individuals aged 70 years and older,
who are particularly susceptible to injury, were in-
volved in 12 percent of all motor vehicle traffic crash
fatalities. These deaths accounted for 4,828 fatalities
out of 41,462 total traffic fatalities.
(6) The number of older Americans who drive is
expected to increase dramatically during the next 30
years. Unfortunately, during the last 15 years, the
Department of Transportation has supported an ex-
tremely limited program concerning older drivers. Re-
search on older driver behavior and licensing has suf-
fered from intermittent funding at amounts that were
insufficient to address the scope and nature of the
challenges ahead.
(7) A major objective of United States transpor-
tation policy must be to promote the mobility of older
Americans while at the same time ensuring public
safety on our Nation’s highways. In order to accom-
plish these two objectives simultaneously, the Depart-
ment of Transportation must support a vigorous and
sustained program of research, technical assistance,
evaluation, and other appropriate activities that are
HR 4545 EAS
‘‘(A) A State receiving a grant under this
section shall establish and maintain a graduated
licensing program consisting of the following li-
censing stages for any driver under 18 years of
age:
‘‘(i) An instructional license, valid for
a minimum period determined by the Sec-
retary, under which the licensee shall not
operate a motor vehicle unless accompanied
in the front passenger seat by the holder of
a full driver’s license.
‘‘(ii) A provisional driver’s license
which shall not be issued unless the driver
has passed a written examination on traffic
safety and has passed a roadtest adminis-
tered by the driver licensing agency of the
State.
‘‘(iii) A full driver’s license which shall
not be issued until the driver has held a
provisional license for at least 1 year with
a clean driving record.
‘‘(B) For purposes of subparagraph (A)(iii),
subsection (f)(1), and subsection (f)(6)(B), a pro-
visional licensee has a clean driving record if the
licensee—