An Act to authorize appropriations for high-speed ground transportation, and for other purposes.
PL 103-440 (H.R.4867), enacted 11/02/1994

PUBLIC LAW 103-440—NOV. 2, 1994 
108 STAT. 4615 
Public Law 103-440 
103d Congress 
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, 
Nov. 2, 1994 
[H.R. 4867] 
TITLE I—HIGH-SPEED RAIL 
SEC. 101. SHORT TITLE. 
This title may be cited as the 
of 1994". 
'Swift Rail Development Act 
SEC. 102. FINDINGS; PURPOSE. 
(a) FINDINGS.—The Congress finds that— 
(1) high-speed rail offers SEife 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. 
Swift Rail 
Development 
Act of 1994. 
49 use 20101 
note. 
49 use 26101 
note. 
108 STAT. 4616 
PUBLIC LAW 103-440—NOV. 2, 1994 
(b) PURPOSE.—^The purpose of this title is to encourage far-
sighted State, local, and private efforts in the analysis and planning 
for high-speed rail systems in appropriate intercity corridors. 
SEC. 103. NATIONAL HIGH-SPEED RAIL ASSISTANCE PROGRAM. 
(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—fflGH-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 Secretary 
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 acti-
vities. 
"(2) No less than 20 percent of the publicly financed costs 
associated with eligible activities shall come from 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 establish appropriate engineering, 
operational, financial, environmental, or socioeconomic projections 
for the establishment of high-speed rail service in the corridor 
and that it leads toward development of a prudent financial and 
institutional plan for implementation of specific high-speed rail 
improvements. Eligible corridor planning activities include— 
"(A) environmental assessments; 
"(B) feasibility studies emphasizing commercial technology 
improvements or applications; 
"(C) economic analyses, including ridership, revenue, 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; 
"(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 rehabilitation and replacement, use 
PUBLIC LAW 103-440—NOV. 2, 1994 
108 STAT. 4617 
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 
108 STAT. 4618 
PUBLIC LAW 103-440—NOV. 2, 1994 
located in the United States, State or local government or public 
authority, or agency of the Federal Grovernment. 
"(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. DeHnitions 
"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 
PUBLIC LAW 103-440—NOV. 2, 1994 
108 STAT. 4619 
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. L
A
W ENFORCEMENT 
58101". 
(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 
as the "Federal Railroad Safety 
SEC. 201. SHORT TITLE. 
This title may be cited 
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 
£iffected 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 
45 use 838 
note. 
Federal 
Railroad 
Safety 
Authorization 
Act of 1994. 
49 use 20101 
note. 
108 STAT. 4620 
PUBLIC LAW 103-440—NOV. 2, 1994 
Federal 
Register, 
publication. 
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 AVIENDMENT.—^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 
PUBLIC LAW 103-440—NOV. 2, 1994 
108 STAT. 4621 
(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. 
49 USC^ 11504 
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 Sgifety Authorization Act of 1994, an Institute for Railroad 
108 STAT. 4622 
PUBLIC LAW 103-440—NOV. 2, 1994 
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-
PUBLIC LAW 103-440—NOV. 2, 1994 
108 STAT. 4623 
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 suibchapter 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 
Regulations, 
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 adSect 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 
108 STAT. 4624 
PUBLIC LAW 103-440—NOV. 2, 1994 
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 dr£ifting, 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. 
2
1
6
. 
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 
pa5rments 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 
Reports. 
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.". 
PUBLIC LAW 103-440—NOV. 2, 1994 
108 STAT. 4625 
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.". 
108 STAT. 4626 
PUBLIC LAW 103-440—NOV. 2,1994 
(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 notincation 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 IHGHWAY-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; 
PUBLIC LAW 103-440—NOV. 2, 1994 
108 STAT. 4627 
"(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- Regulations, 
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. 
108 STAT. 4628 
PUBLIC LAW 103-440—NOV. 2,1994 
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. 
Regulations. 
"(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.". 
Approved November 2, 1994. 
LEGISLATIVE HISTORY—H.R. 4867 (S. 839): 
HOUSE REPORTS: No. 103-692 (Coram, on Energy and Commerce). 
SENATE REPORTS: No. 103-208 accompanying S. 839 (Coram, on Coramerce, Science, 
and Transportation). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Aug. 16, considered and passed House. 
Aug. 18, considered and passed Senate, amended, in lieu of S. 839. 
Oct. 6, House concurred in Senate araendment with em araendment. 
Oct. 8, Senate concurred in House amendment.