IB
Union Calendar No. 355
103D CONGRESS
2D SESSION
H. R. 4545
[Report No. 103–655]
To amend the Federal Railroad Safety Act of 1970, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 8, 1994
Mr. SWIFT (by request) introduced the following bill; which was referred to
the Committee on Energy and Commerce
AUGUST 3, 1994
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 8, 1994]
A BILL
To amend the Federal Railroad Safety Act of 1970, 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 Safety
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 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. 3. 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:
‘‘SEC. 21108. PILOT PROJECTS.
‘‘(a) WAIVER.—A railroad or railroads and all labor
organizations representing any class or craft of directly af-
fected covered service employees of the railroad or railroads,
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 imple-
menting alternatives to the strict application of the require-
ments 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 com-
ment, waive in whole or in part compliance with this chap-
ter 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 addi-
tional periods of up to two years, after notice and oppor-
tunity 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);
‘‘(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. 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 Transpor-
tation 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 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 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.’’.
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’’;