H.R.4867
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To authorize appropriations for high-speed rail transportation, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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, Dis-
trict 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 commer-
cial application in high-speed rail service in the United States.
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of advanced locomotives and rolling stock, ticketing, coordina-
tion 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.—Selec-
tion by the Secretary of recipients of financial assistance under
this section shall be based on such criteria as the Secretary consid-
ers 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 inter-
connection 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 acquisi-
tion 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.
‘‘§ 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
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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 commer-
cial application in high-speed rail service in the United States.
‘‘§ 26103. Safety regulations
‘‘The Secretary shall promulgate such safety regulations as
may be necessary for high-speed rail services.
‘‘§ 26104. Authorization of appropriations
‘‘(a) FISCAL YEAR 1995.—There are authorized to be appro-
priated 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 appro-
priated 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 appro-
priated to the Secretary $45,000,000 for fiscal year 1997, for carry-
ing 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.
‘‘§ 26105. Definitions
‘‘For purposes of this chapter—
‘‘(1) the term ‘financial assistance’ includes grants, con-
tracts, 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 govern-
ments;
‘‘(4) the term ‘Secretary’ means the Secretary of Transpor-
tation;
‘‘(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
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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 LIABIL-
ITIES.—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:
‘‘§ 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 alter-
natives to the strict application of the requirements of this chapter
H.R.4867—6
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 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 sub-
section (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 SERV-
ICE 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
H.R.4867—7
(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:
‘‘§ 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 signifi-
cant 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 Reauthoriza-
tion 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:
‘‘§ 20146. Institute for Railroad Safety
‘‘The Secretary of Transportation, in conjunction with a univer-
sity or college having expertise in transportation safety, shall estab-
lish, within one year after the date of enactment of the Federal
Railroad Safety Authorization Act of 1994, an Institute for Railroad
H.R.4867—8
Safety. The Institute shall research, develop, fund, and test meas-
ures 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:
‘‘§ 20147. Warning of civil liability
‘‘The Secretary of Transportation shall encourage railroad car-
riers 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:
‘‘§ 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 initi-
ate a rulemaking proceeding to prescribe regulations requiring
enhanced visibility standards for newly manufactured and remanu-
factured railroad cars. In such proceeding the Secretary shall con-
sider, 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 require-
H.R.4867—9
ment 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:
‘‘§ 20149. Coordination with the Department of Labor
‘‘The Secretary of Transportation shall consult with the Sec-
retary 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:
‘‘§ 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:
‘‘§ 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
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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 sub-
section (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 posi-
tions 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 pas-
senger service, other railroad carriers transporting passengers,
organizations of passengers, and organizations of employees. A con-
sultation 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.’’.
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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:
‘‘§ 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 govern-
mental 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 commu-
nications 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 prop-
erty, and strengthening relevant enforcement strategies. This pro-
gram shall be designed to increase public and police awareness
of the illegality of, dangers inherent in, and the extent of, trespass-
ing 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.’’.
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(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 PROB-
LEMS.
(a) AMENDMENT.—Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 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 aware-
ness 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 effective-
ness 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:
‘‘§ 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;
H.R.4867—13
‘‘(2) the term ‘‘locomotive horn’’ refers to a train-borne
audible warning device meeting standards specified by the Sec-
retary 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 move-
ment around crossing gates extending over the full width of
the lanes in the particular direction of travel), and that con-
forms to standards prescribed by the Secretary under this sub-
section, 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 arrange-
ments 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 pre-
scribe 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 signifi-
cant 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, supple-
mentary 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 dis-
tance along the railroad in order to be excepted from the require-
ment of this section.
‘‘(d) APPLICATION FOR WAIVER OR EXEMPTION.—Notwithstand-
ing 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,
H.R.4867—14
order railroad carriers operating over one or more crossings to
cease temporarily the sounding of locomotive horns at such cross-
ings. 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 supple-
mentary 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 cross-
ings 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.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.