Rail Safety Enforcement and Review Act
PL 102-365 (H.R.2607), enacted 09/03/1992

106 STAT. 972 
PUBLIC LAW 102-365—SEPT. 3, 1992 
Public Law 102-365 
102d Congress 
An Act 
Sept. 3, 1992 
To authorize activities under the Federal Railroad Safety Act of 1970 for fiscal 
[H.R. 2607] 
years 1992 through 1994, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
Rail Safety 
tfie United States of 
America in Congress assembled. 
Enforcement 
and Review Act. 
SECTION 1. SHORT TITLE. 
45 use 421 note. 
^his Act may be cited as the "Rail Safety Enforcement and 
Review Act". 
SEC. 2. ISSUANCE OF REGULATIONS. 
Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
431) is amended— 
(1) in subsection (iXD, by striking "such rules, regulations, 
orders, and standards as may be necessary and inserting in 
lieu thereof "rules, regulations, orders, and standards"; 
(2) in subsection (n)— 
(A) by striking "such rules, regulations, orders, and 
standards as may be necessary" and inserting in lieu 
thereof "rules, regulations, orders, and standards"; 
(B) by strildng ", including" and inserting in lieu thereof 
"on railroad bridges. At a minimum, the Secretary shall 
provide"; 
(C) by striking "such as" and inserting in lieu thereof 
"including"; and 
(D) by striking "relating to instances when boats shall 
be used" and inserting in lieu thereof "for the use of boats 
when work is performed on bridges located over bodies 
of water"; 
(3) in subsection (oXD, by striking "such rules, regulations, 
orders, and standards as may be necessary" and inserting in 
lieu thereof "rules, regulations, orders, and standards"; and 
(4) in subsection (q), by striking "such rules, regulations, 
orders, and standards as may be necessaiy" and inserting in 
lieu thereof "rules, regulations, orders, and standards". 
45 u s e 437 note. 
SEC. 3. REMEDIAL ACTIONS. 
(a) REGULATIONS.—^The Secretary of Transportation (hereafter 
in this Act referred to as the "Secretary") shall issue regulations 
to require that any railroad notified by the Secretary that assess-
ment of a civil penalty will be recommended for a failure to comply 
with a provision of the Federal railroad safety laws, as such term 
is defined in section 212(e) of the Federal Railroad Safety Act 
of 1970 (45 U.S.C. 441(e)), or any rule, regulation, order, or standard 
issued under such provision, shall report to the Secretary, within 
30 days after the end of the month in which such notification 
is received, actions taken to remedy that failure. 
(b) EXPLANATION OF DELAY.—^Regulations issued under subsection 
(a) shall provide that, if appropriate remedial actions cannot be 
taken by a railroad within such 30-day period, such railroad shall 
PUBLIC LAW 102-365—SEPT. 3, 1992 
106 STAT. 973 
submit to the Secretary an explanation of the reasons for any 
delay, 
(c) SCHEDULE FOR REGULATIONS.—^The Secretary shall— 
(1) within 9 months after the date of enactment of this 
Act, issue a notice of proposed rulemaking for regulations to 
implement this section; and 
(2) within 2 years after the date of enactment of this Act, 
issue final regulations to implement this section. 
SEC. 4. ENFORCEMENT. 
(a) MINIMUM AND MAXIMUM PENALTIES.—(1) Section 209(b) of 
the Federal Railroad Safety Act of 1970 (45 U.S.C. 438(b)), section 
6 of the Act of March 2, 1893, and section 4 of the Act of April 
14, 1910 (45 U.S.C. 6 and 13; commonly referred to as the "Safety 
AppUance Acts"), section 7 of the Act of May 6, 1910 (45 U.S.C. 
43; commonly referred to as the "Accident Reports Act"), section 
25(h) of the Interstate Commerce Act (49 U.S.C. App. 26; commonly 
referred to as the "Signal Inspection Act"), and section 9 of the 
Act of February 17, 1911 (45 U.S.C. 34; commonly referred to 
as the "Locomotive Inspection Act") are each amended by striking 
"$250" and inserting in lieu thereof "$500". 
(2) Section 5(aXl) of the Act of March 4,1907 (45 U.S.C. 64a(aXl); 
commonly referred to as the "Hours of Service Act") is amended 
by striking "penalty of up to $1,000 per violation, as the Secretary 
of Transportation deems reasonable," and inserting in Ueu thereof 
"civil penalty, as the Secretary of Transportation deems reasonable, 
in an amount not less than $500 nor more than $10,000, except 
that where a grossly negligent violation or a pattern of repeated 
violations has created an imminent hazard of death or injury to 
persons, or has caused death or injury, a penedty of not to exceed 
$20,000 may be assessed, and". 
(3) Section 2 of the Act of May 6, 1910 (45 U.S.C. 39; commonly 
referred to as the "Accident Reports Act") is amended by striking 
"one hundred dollars" and inserting in lieu thereof "$500". 
(4) Section 3711(cX2) of title 31, United States Code, is amended 
by striking "$250" and inserting in Heu thereof "$500". 
(b) REGIONAL ENFORCEMENT PILOT PROJECT.—(1) The Secretary 45 use 437 note. 
shall estabUsh a pilot project in more than one region of the Feder^ 
Railroad Administration to demonstrate the benefits that may 
accrue to the Federal railroad safety program from assigning an 
attorney, who is a Federal employee within the Department of 
Transportation, to regional offices of the Federal Railroad Adminis-
tration to perform initial case review, assess penalties, settle cases, 
and provide legal advice to Federal Railroad Administration 
regional personnel on enforcement and other issues, as compared 
to performing such functions at the headquarters level. 
(2) The pilot program shall be completed within 18 months after 
the date of enactment of this Act. 
(3) Within 2 years after the date of enactment of this Act, the Reports. 
Secretary shall submit a report to the Congress describing the 
results of the pilot program. Factors to be considered in the report 
shall include— 
(A) the speed, volume, and effectiveness of civil penalty 
actions; 
(B) the efficiency of the delivery of legal advice on safety 
issues; 
106 STAT. 974 
PUBLIC LAW 102-365—SEPT. 3, 1992 
(C) the finsincial and other costs of assigning attorneys in 
each region; 
(D) the effects on uniformity of enforcement resulting from 
performing in the regions of the Federal Railroad Administra-
tion the functions described in paragraph (1); and 
(E) the advisability of assigning attorneys to some or all 
of the regions of the Federal Railroad Administration. 
(c) CONSIDERATIONS FOR COMPROMISE OF CIVIL PENALTIES.—(1) 
Section 209(c) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
438(c)) is amended by inserting "In compromising a civil penalty 
assessed under this section, the Secretary shall take into account 
the nature, circumstances, extent, and gravity of the violation 
committed, and, with respect to the person found to have committed 
such violation, the degree of culpability, any history of prior or 
subsequent offenses, ability to pay, effect on ability to continue 
to do business, and such other matters as justice may require." 
after "referral to the Attorney General.". 
(2) Section 5(a)(1) of the Act of March 4, 1907 (45 U.S.C. 64a(a)(l); 
commonly referred to as the "Hours of Service Act") is amended 
by adding at the end the following sentence: "In compromising 
a civil penalty assessed under this section, the Secretary shall 
take into account the nature, circumstances, extent, and gravity 
of the violation committed, and, with respect to the person found 
to have committed such violation, the degree of culpability, any 
history of prior or subsequent offenses, ability to pay, effect on 
ability to continue to do business, and such other matters as justice 
may require.". 
(3) Section 6 of the Act of March 2, 1893 (45 U.S.C. 6; commonly 
referred to as the "Safety Appliance Acts") is amended by adding 
at the end the following sentence: "In compromising a civil penalty 
assessed under this section, the Secretary shall teke into account 
the nature, circumstances, extent, and gravity of the violation 
committed, and, with respect to the person found to have committed 
such violation, the degree of culpability, any history of prior or 
subsequent offenses, ability to pay, effect on ability to continue 
to do business, and such other matters as justice may require.". 
(4) Section 4 of the Act of April 14, 1910 (45 U.S.C. 13; commonly 
referred to as the "Safety Applismce Acts") is amended by adding 
at the end the following sentence: "In compromising a civil penalty 
assessed under this section, the Secretary shall t£uce into account 
the nature, circumstances, extent, and gravity of the violation 
committed, and, with respect to the person found to have committed 
such violation, the degree of culpability, any history of prior or 
subsequent offenses, ability to pay, effect on ability to continue 
to do business, and such other matters as justice may require.". 
(5) Section 7 of the Act of May 6, 1910 (45 U.S.C. 43; commonly 
referred to as the "Accident Reports Act") is amended by adding 
at the end the following sentence: "In compromising a civil penalty 
assessed under this section, the Secretary shall take into account 
the nature, circumstances, extent, and gravity of the violation 
committed, £uid, with respect to the person found to have committed 
such violation, the degree of culpability, any history of prior or 
subsequent offenses, ability to pay, effect on ability to continue 
to do business, and such other matters as justice may require.". 
(6) Section 25(h) of the Interstote Commerce Act (49 U.S.C. 
App. 26; commonly referred to as the "Signal Inspection Act") is 
amended by adding at the end the following sentence: "In com-
PUBLIC LAW 102-365—SEPT. 3, 1992 
106 STAT. 975 
promising a civil penalty assessed under this section, the Secretary 
shall take into account the nature, circumstances, extent, and grav-
ity of the violation conmiitted, and, with respect to the person 
found to have committed such violation, the degree of culpability, 
any history of prior or subsequent offenses, ability to pay, effect 
on ability to continue to do business, and such other matters as 
justice may require.". 
(7) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34; 
commonly referred to as the "Locomotive Inspection Act") is 
amended by adding at the end the foUoAving sentence: "In com-
promising a civil penalty assessed under this section, the Secretary 
shall take into account the nature, circumstances, extent, and grav-
ity of the violation committed, and, with respect to the person 
found to have committed such violation, the degree of culpability, 
any history of prior or subsequent offenses, ability to pay, effect 
on abiUly to continue to do business, and such other matters as 
justice may require.". 
SEC. 5. REVIEW OF AGENCY ACTION. 
(a) IN GENERAL.—(1) Section 202(0 of the Federal Railroad Safety 
Act of 1970 (45 U.S.C. 431(f)) is amended to read as follows: 
"(f) Any final agency action taken by the Secretary under this 
title or under any of the other Federal railroad safety laws, as 
defined in section 212(e) of this title, is subject to judicial review 
as provided in chapter 7 of title 5, United States Code. Except 
as provided in section 203(e) of this title, any proceeding to review 
such final agency action shall be brought in the appropriate court 
of appeals as provided by and in the manner prescribed in chapter 
158 of title 28, United States Code.". 
(2) The amendment made by subsection (a) shall apply to final 45 use 431 note. 
agency actions of the Secretary whenever taken, except that the 
amendment shall not apply in a case where a civil action has 
been brought before the date of enactment of this Act. 
(b) FEDERAL RAILROAD SAFETY LAWS.—Section 212(e) of the Fed-
eral Railroad Safety Act of 1970 (45 U.S.C. 441(e)) is amended 
by inserting "the Sanitary Food Transportation Act of 1990 (49 
U.S.C. App. 2801 note)," before "and those laws transferred". 
(c) TECHNICAL AMENDMENTS.—(1) Section 2341(3XB) of title 28, 
United States Code, is amended by inserting "or the Secretary 
of Transportation" after "Secretary of Agriculture". 
(2) Section 2342 of title 28, United States Code, is amended— 
(A) by striking "and" at the end of paragraph (5); 
(B) by striking the period at the end of paragraph (6) and 
inserting in lieu thereof"; and"; and 
(C) by adding at the end the following new paragraph: 
"(7) all final agency actions described in section 202(f) of 
the Federal Raihroad Safety Act of 1970.". 
SEC. 6. PROTECTION OF RAILROAD SAFETY ENFORCEMENT PERSON-
NEL. 
Section 1114 of title 18, United States Code, is amended by 
inserting "any officer or employee of the Federal Railroad Adminis-
tration assigned to perform investigative, inspection, or law enforce-
ment functions," after "any employee of the Coast Guard assigned 
to perform investigative, inspection or law enforcement functions,". 
106 STAT. 976 
PUBLIC LAW 102-365—SEPT. 3, 1992 
SEC. 7. POWER BRAKE SAFETY. 
Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
431) is amended by adding at the end the following new subsection: 
"(r) POWER BRAKE SAFETY.—<1) The Secretary shall conduct a 
review of the Department of Transportation's rules with respect 
to railroad power brakes, and, not later than December 31, 1993, 
shall revise such rules based on such safety data as may be pre-
sented during that review. 
"(2) In carrying out paragraph (1), the Secretary shall, where 
applicable, 
prescribe 
standards 
regarding 
djniamic 
braking 
equipment. 
"(3)(A) The Secretary shall require 2-way end of train devices 
(or devices able to perform the same function) on road trains other 
than locals, road switchers, or work trains to enable the initiation 
of emergency braking from the rear of a train. The Secretary 
shall promulgate rules as soon as possible, but not later than 
December 31, 1993, requiring such 2-way end of train devices. 
Such rules shall, at a minimum— 
"(i) set standards for such devices based on performance; 
"(ii) prohibit any railroad, on or after the date that is one 
year after promulgation of such rules, from acquiring any end 
of train device for use on trains which is not a 2-way device 
meeting the standards set under clause (i); 
"(iii) require that such trains be equipped with 2-way end 
of train devices meeting such standards not later than 4 years 
after promulgation of such rules; and 
"(iv) provide that any 2-way end of train device acquired 
for use on trains before such promulgation shall be deemed 
to meet such standards. 
"(B) The Secretary may consider petitions to amend the rules 
promulgated under subparagraph (A) to allow the use of alternative 
technologies which meet the same basic performance requirements 
established by such rules. 
"(C) In developing the rules required by subparagraph (A), the 
Secretary shall consider data presented under paragraph (1). 
"(4) The Secretary may exclude from the rules required by para-
graphs (1), (2), and (3) any category of trains or r£dl operations 
if the Secretary determines that such £in exclusion is in the pubUc 
Public 
interest and is consistent with railroad safety. The Secretary shall 
information. 
make public the reasons for granting any such exclusion. The Sec-
retary shall at a minimum exclude from the requirements of para-
graph (3)— 
"(A) trains that have manned cabooses; 
"(B) passenger trains with emergency brakes; 
"(C) trains that operate exclusively on track that is not part 
of the general railroad system; 
"(D) trains that do not exceed 30 miles per hour and do 
not operate on heavy grades, except for any categories of such 
trains specifically designated by the Secretary; and 
"(E) trains that operate in a push mode.". 
SEC. 8. TRACK SAFETY. 
Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
431), as amended by this Act, is further amended by adding at 
the end the following new subsection: 
"(s) TRACK SAFETY.—(1) The Secretary shall, within 6 months 
after the date of enactment of this subsection, initiate a review 
PUBLIC LAW 102-365—SEPT. 3, 1992 
106 STAT. 977 
of the Department of Transportation's standards relating to track 
safety. Within 2 years after the date of enactment of this subsection, Regulations. 
the Secretary shall issue rules, regulations, orders, or standards 
to revise such track safety standardfs, considering such safety data 
as may be presented during that review and the General Accounting 
Office report submitted under paragraph (3). 
"(2) The review required under paragraph (1) shall, at a mini-
mum, include— 
"(A) an evaluation of procedures associated with maintaining 
and installing continuous welded rail and its attendant struc-
ture; 
"(B) an evaluation of the need for revisions to rules with 
respect to track subject to exception from track SEifety stand-
ards; and 
"(C) an evaluation of employee safety. 
"(3) The General Accounting Office shall conduct a study of the 
effectiveness of the Secretary's enforcement of track safety stand-
ards, with particular attention to recent relevant railroad accident Reports, 
experience £ind data. Within one year after the date of enactment 
of this subsection, the General Accounting Office shall submit to 
the Secretary and Congress a report on the results of such study, 
together witn recommendations for improving such enforcement.". 
SEC. 9. APPUCABILITY OF RULES, REGULATIONS, ORDERS, AND 
STANDARDS. 
(a) AMENDMENT.—(1) Section 209(a) of the Federal Railroad 
Safety Act of 1970 (45 U.S.C. 438(a)) is amended by striking the 
parenthetical clause and inserting in lieu thereof the following: 
"(including but not limited to a railroad; any manager, supervisor, 
official, or other employee or agent of a railroad; £iny owner, manu-
facturer, lessor, or lessee of railroad equipment, track, or facilities; 
any independent contractor providing goods or services to a railroad; 
and any employee of such owner, manufacturer, lessor, lessee, or 
independent contractor)". 
(2) Section 5(a)(1) of the Act of March 4, 1907 (45 U.S.C. 64a(a)(l); 
commonly referred to as the "Hours of Service Act") is amended 
by striking the parenthetical clause and inserting in lieu thereof 
the following: "(including but not limited to a railroad; any m£inager, 
supervisor, official, or other employee or agent of a railroad; any 
owner, manufacturer, lessor, or lessee of railroad equipment, track, 
or facilities; any independent contractor providing goods or services 
to a railroad; and any employee of such owner, manufacturer, 
lessor, lessee, or independent contractor)". 
(3) Section 6 of the Act of March 2, 1893 (45 U.S.C. 6; commonly 
referred to as the "Safety Appliance Acts") is amended by striking 
the first parenthetical clause and inserting in lieu thereof the 
following: "(including but not limited to a railroad; any manager, 
supervisor, official, or other employee or agent of a railroad; any 
owner, manufacturer, lessor, or lessee of railroad equipment, track, 
or facilities; any independent contractor providing goods or services 
to a railroad; and any employee of such owner, manufacturer, 
lessor, lessee, or independent contractor)". 
(4) Section 3 of the Act of March 2, 1903 (45 U.S.C. 10; commonly 
referred to as the "Safety Appliance Acts") is amended by striking 
the parenthetical clause and inserting in lieu thereof the following: 
"(including but not limited to a railroad; any manager, supervisor, 
official, or other employee or agent of a railroad; any owner, manu-
59-194 O—93 
4 : QL 3 (Pt. 2) 
106 STAT. 978 
PUBLIC LAW 102-365—SEPT. 3, 1992 
facturer, lessor, or lessee of railroad equipment, track, or facilities; 
any independent contractor providing goods or services to a railroad; 
and any employee of such owner, manufacturer, lessor, lessee, or 
independent contractor)". 
(5) Section 4 of the Act of April 14, 1910 (45 U.S.C. 13; commonly 
referred to as the "Safety Appliance Acts") is amended by striking 
the first parenthetical clause and inserting in lieu thereof the 
following: "(including but not limited to a railroad; any meuiager, 
supervisor, official, or other employee or agent of a railroad; any 
owner, manufacturer, lessor, or lessee of r£iiIroad equipment, track, 
or facilities; any independent contractor providing goods or services 
to a railroad; and any employee of such owner, manufacturer, 
lessor, lessee, or independent contractor)". 
(6) Section 7 of the Act of May 6, 1910 (45 U.S.C. 43; commonly 
referred to as the "Accident Reports Act") is amended by striking 
the first parenthetical clause and inserting in lieu thereof the 
following: "(including but not limited to a railroad; any manager, 
supervisor, official, or other employee or agent of a railroad; any 
owner, manufacturer, lessor, or lessee of railroad equipment, track, 
or facilities; any independent contractor providing goods or services 
to a rsdlroad; and any employee of such owner, manufacturer, 
lessor, lessee, or independent contractor)". 
(7) Section 25(h) of the Interstate Commerce Act (49 U.S.C. 
App. 26; commonly referred to as the "Signal Inspection Act") is 
amended by striking the first parenthetical clause and inserting 
in lieu thereof the following: "(including but not limited to a railroad; 
any manager, supervisor, official, or other employee or agent of 
a railroad; any owner, msmufacturer, lessor, or lessee of railroad 
equipment, track, or facilities; any independent contractor providing 
goods or services to a railroad; £ind any employee of such owner, 
manufacturer, lessor, lessee, or independent contractor)". 
(8) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34; 
commonly referred to as the "Locomotive Inspection Act") is 
amended by striking the first parenthetical clause and inserting 
in lieu thereof the following: "(including but not limited to a railroad; 
any manager, supervisor, official, or other employee or agent of 
a railroad; any owner, manufacturer, lessor, or lessee of railroad 
equipment, track, or facilities; euiy independent contractor providing 
goods or services to a railroad; and any employee of such owner, 
manufacturer, lessor, lessee, or independent contractor)". 
45 use 6 note. 
(b) EFFECT ON OTHER LAW.—Nothing in the amendment made 
by subsection (a) shall affect the authority or responsibilities of 
the Secretary of Labor under the Occupational Safety and Health 
Act of 1970. 
SEC. 10. LOCOMOTIVE CRASHWORTHINESS AND WORKING CONDI-
TIONS. 
Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 
431), as amended by this Act, is further amended by adding at 
the end the following new subsection: 
"(t) LOCOMOTIVE CRASHWORTHINESS AND WORKING CONDITIONS.— 
(1) The Secretary shall, within 30 months after the date of enact-
ment of this subsection, complete a rulemaking proceeding to con-
sider prescribing regulations to improve the saSety and working 
conditions of locomotive cabs. Such proceeding shall assess— 
"(A) the adequacy of Locomotive Crashworthiness Require-
ments Standard S-580, or any successor standard thereto. 
PUBLIC LAW 102-365—SEPT. 3, 1992 
106 STAT. 979 
adopted by the Association of American Railroads in 1989, 
in improving the safety of locomotive cabs; and 
"(B) the extent to which environmental, sanitary, and other 
working conditions in locomotive cabs affect 
productivity, 
health, and the safe operation of locomotives. 
"(2) In support of the proceeding required under paragraph (1), 
the Secretary shall conduct research and analysis, including com-
puter modeling and full-scale crash testing, as appropriate, to 
consider— 
"(A) the costs and benefits associated with equipping loco-
motives with— 
"(i) braced collision posts; 
"(ii) rollover protection devices; 
"(iii) deflection plates; 
"(iv) shatterproof windows; 
"(v) readily accessible crash refuges; 
"(vi) uniform sill heights; 
"(vii) anticlimbers, or other equipment designed to pre-
vent overrides resulting from head-on locomotive collisions; 
"(viii) equipment to deter post-collision entry of flam-
mable liquids into locomotive cabs; 
"(ix) any other devices intended to provide crash protec-
tion for occup£ints of locomotive cabs; £ind 
"(x) functioning and regularly maintained sanitary facili-
ties; and 
"(B) the effects on train crews of the presence of asbestos 
in locomotive components. 
"(3) If on the basis of the proceeding required under paragraph 
(1) the Secretary determines not to prescribe regulations, the Sec-
retary shall report to Congress on the reasons for that determina-
tion.". 
SEC. 11. RAILROAD RADIO COMMUNICATIONS. 
45 USC 431 note. 
(a) SAFETY INQUIRY.—The Secretary shall, within 18 months after 
the date of enactment of this Act and in consultation with the 
National Railroad Passenger Corporation, freight and commuter 
railroads, rsdl equipment manufacturers, and railroad employees, 
conduct a safety inquiry regarding the Department of Transpor-
tation's railroad radio standards and procedures. At a minimum, 
such inquiry shall include assessment of— 
(1) the advantages and disadvantages of requiring that every 
locomotive (and every caboose, where applicable) be equipped 
with a railroad voice communications system capable of permit-
ting a person in the locomotive (or caboose) to engage in clear 
two-way communications with persons on following and leading 
trains and with train dispatchers located at railroad stations; 
(2) a requirement that replacement radios be made available 
at intermediate terminals; 
(3) the effectiveness of radios in ensuring timely emergency 
response; 
(4) the effect of interference and other disruptions of radio 
communications on safe railroad operation; 
(5) how advanced communications technologies such as digital 
radio can be implemented to best enhance the safety of railroad 
operations; 
106 STAT. 980 
PUBLIC LAW 102-365—SEPT. 3, 1992 
(6) the status of advanced train control systems that are 
being developed, and the implications of such systems for effec-
tive railroad communications; and 
(7) the need for minimum Federal standards to ensure that 
such systems provide for positive tr£dn separation and are 
compatible nationwide. 
(b) REPORT TO CONGRESS.—The Secretary shall submit to Con-
gress within 4 months after the completion of such inquiry a report 
on the results of the inquiry along with an identification of appro-
priate regulatory action and specific pleuis for taking such action. 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
Section 214(a) of the Federal Railroad Safety Act of 1970 (45 
U.S.C. 444(a)) is amended to read as follows: 
"(a) There are authorized to be appropriated to carry out this 
Act not to exceed $54,352,000 for fiscal year 1992, $68,283,000 
for fiscal year 1993, and $71,690,000 for fiscal year 1994. The 
Secretary is authorized to request, receive, and use payments from 
non-Federal sources for expenses incurred in training safety employ-
ees of private industry. State and local authorities, or other public 
authorities, other than State rail safety inspectors participating 
in training pursuant to section 206 of this title. . 
45 use 437 note. SEC. 13. TOTAL QUALITY MANAGEMENT IN SAFETY ASSESSMENTS. 
In all comprehensive, multidiscipline safety assessments of rail-
roads, the conduct of which is initiated by the Secretary between 
the date of enactment of this Act and the end of fiscal year 1993, 
the Secretary shall eveduate the use and effectiveness of total qual-
ity management techniques, if any, on the safety practices of the 
railroad being assessed. The Secretary shall include findings and 
conclusions based on such evaluation in each such safety assessment 
report. 
SEC. 14. LOCAL RAIL FREIGHT ASSISTANCE PROGRAM. 
Section 5(q) of the Department of Transportation Act (49 U.S.C. 
App. 1654(q)) is amended— 
Appropriation 
(1) by inserting "There are authorized to be appropriated 
authorization. 
^ ^j^g Secretary for the purposes of this section not to exceed 
$16,000,000 for fiscal year 1992, $25,000,000 for fiscal year 
1993, and $30,000,000 for fiscal year 1994." after "fiscal year 
, 
1991."; and 
(2) by striking "any period after September 30, 1991" and 
inserting in lieu thereof "any period after September 30, 1994". 
45 use 38 note. 
SEC. 15. PROCEDURE FOR DETERMINING ACCIDENT REPORTING 
THRESHOLD. 
(a) GENERAL RULE.—In establishing or modifying a monetary 
damage threshold for the reporting of railroad accidents, the Sec-
retary shall base damage cost calculations only on publicly available 
data— 
(1) obtained from the Bureau of Labor Statistics; or 
(2) otherwise obtained from an agency of the Federal Grovem-
ment which has been collected through objective, statistically 
sound survey methods or which has been previously subject 
to a public notice and comment process in a Federal agency 
proceeding. 
(b) EXCEPTION.—If any data necessary for establishing or modify-
ing a threshold described in subsection (a) is not available as 
PUBLIC LAW 102-365—SEPT. 3, 1992 
106 STAT. 981 
provided in subsection (a) (1) or (2), the Secretary may use anv 
other source to obtain such data, but the use of such data shall 
be subject to pubHc notice and the opportunity for written comment, 
(c) EFFECTIVE DATE.—^This section shall apply only to the 
estabUshment or modification of a monetary damage threshold 
occurring after the date of enactment of this Act. 
SEC. 16. REPORT ON THE SAFETY OF HAZARDOUS MATERIALS 49 USC app. 
TRANSPORTATION BY RAIL. 
1804 note. 
Within one year after the date of enactment of this Act, the 
Secretary shall report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives regarding issues 
presented by the transportation by rail of hazardous materials. 
The report shall include the following information: 
(1) For the years 1989, 1990, 1991, and, to the extent avail-
able, 1992, relevant data concerning each unintentional release 
of hazardous materials resulting from rail transportation 
accidents, including the location of each such release, the prob-
able cause or causes of each such release, and the enects 
(2) For the years 1989, 1990, 1991, and, to the extent avail-
able, 1992, a summary of relevant data concerning uninten-
tional releases of hazardous materials resulting from rail 
transportation incidents. 
(3) A description of current regulations governing hazardous 
materials rail car placement (including buffer cars), and an 
evaluation of their adequacy in light of experience and emerging 
traffic and commodity patterns, 
(4) An assessment of regulations, rules, orders, or standards 
that address rail operations or procedures associated with carry-
ing hazardous materials on rights-of-way having significant 
grades or high degrees of curvature. 
(5) An assessment of the efTectiveness and associated costs 
of requiring deployment of wayside bearing failure detectors 
for trains carrying hazardous materials. 
(6) An assessment of rail tank car rules, regulations, orders, 
or standards affecting hazardous materials transportation. 
(7) The status of all planned or pending regulatory activities 
of the Secretary (including the status of all regulations required 
by statute) that seek to address the safe transportation of 
hazardous materials by reiil, and the status of rail hazardous 
materials enforcement activities. 
(8) Such other information as the Secretary determines rel-
ev£uit to the safe transportation of hazardous materials by 
rail. 
SEC. 17. REPORT ON TRAIN DISPATCHING OFFICES. 
45 USC 431 note. 
Not later than 18 months after the date of enactment of this 
Act, the Secretary shall transmit to the Committee on Commerce, 
Science, and Treuisportation of the Senate £uid the Committee on 
Energy and Commerce of the House of Representatives a report 
concerning £uiy action that has been taken by the Secretary and 
the railroad industry to rectify any continuing problems associated 
with unsatisfactory workplace environments in certain train 
dispatching offices identified in the National Train Dispatcher 
Safety Assessment for 1987-1988, published by the Federal Rail-
road Administration in July 1990. The report shall include rec-
106 STAT. 982 
PUBLIC LAW 102-365—SEPT. 3, 1992 
ommendations for legislative or regulatory action to ameliorate 
any such problems that affect safety in train operations. 
SEC. 18. NORTHEAST CORRIDOR SAFETY COMMITTEE. 
(a) MEETINGS.—Section 11(c) of the Rail Safety Improvement 
Act of 1988 (45 U.S.C. 431 note) is amended to read as follows: 
"(c) The Northeast Corridor Safety Committee shall meet at least 
once every 2 years to consider matters involving safety on the 
mean line of the Northeast Corridor.". 
(b) REPORT.—Section 11(d) of the Rail Safety Improvement Act 
of 1988 (45 U.S.C. 431 note) is amended— 
(1) by striking "Within one year after the date of enactment 
of this Act" and inserting in lieu thereof "At the beginning 
of the first session of the 103rd Congress, and biennially there-
after,"; and 
(2) by adding at the end the following new sentence: 'The 
report shall contain the safety recommendations of the North-
east Corridor Safety Committee and the comments of the 
Secretary on those recommendations.". 
(c) TERMINATION DATE.—Section 11 of the Rail Safety Improve-
ment Act of 1988 (45 U.S.C. 431 note) is amended by adding 
at the end the following new subsection: 
"(e) The Northeast Corridor Safety Committee shall cease to 
exist on January 1, 1999, or on such date as the Secretary^ deter-
mines to be appropriate. The Secretary shall notify the (Jongress 
in writing of any such determination.". 
SEC. 19. AIRPORT LEASES. 
11 use 365 note. 
(a) FINDINGS.—Congress finds that— 
(1) there are major airports served by an air carrier that 
has leased a substantial majority of the airport's gates; 
(2) the commerce in the region served by such a major airport 
can be disrupted if the air carrier that leases most of its 
gates enters bankruptcy and either discontinues or materially 
reduces service; and 
(3) it is important that such sdrports be empowered to con-
tinue service in the event of such a disruption. 
(b) BANKRUPTCY RULES REGARDING UNEXPIRED LEASES.—Section 
365(d) of title 11, United States Code, is amended by adding at 
the end the following new paragraphs: 
"(5) Notwithstanding paragraphs (1) and (4) of this sub-
section, in a case under any chapter of this title, if the trustee 
does not assume or reject an unexpired lease of nonresidenti£d 
real property under which the debtor is an affected air carrier 
that is the lessee of an aircraft terminal or aircraft gate before 
the occurrence of a termination event, then (unless the court 
orders the trustee to assume such unexpired leases within 
5 days after the termination event), at the option of the airport 
operator, such lease is deemed rejected 5 days after the occur-
rence of a termination event and the trustee shall immediately 
surrender possession of the premises to the airport operator; 
except that the lease shall not be deemed to be rejected unless 
the airport operator first waives the right to damages related 
to the rejection. In the event that the lease is deemed to 
be rejected under this paragraph, the airport operator shall 
provide the affected air carrier adequate opportunity after the 
surrender of the premises to remove the fixtures and equipment 
installed by the sdfected air carrier. 
PUBLIC LAW 102-365—SEPT. 3, 1992 
106 STAT. 983 
"(6) For the purpose of paragraph (5) of this subsection and 
paragraph (fXD of this section, the occurrence of a termination 
event means, with respect to a debtor which is an affected 
air carrier that is the lessee of an aircraft terminal or aircraft 
gate— 
"(A) the entry under section 301 or 302 of this title 
of an order for relief under chapter 7 of this title; 
"(B) the conversion of a case under £uiy chapter of this 
title to a case under chapter 7 of this title; or 
"(C) the granting of relief from the stay provided under 
section 362(a) of this title with respect to edrcraft, aircraft 
engines, propellers, appliances, or spare parts, as defined 
in section 101 of the Federal Aviation Act of 1958 (49 
App. U.S.C. 1301), except for property of the debtor found 
by the court not to be necessary to an effective reorgginiza-
tion. 
"(7) Any order entered by the court pursuant to paragraph 
(4) extending the period within which the trustee of an affected 
£dr carrier must assume or reject an unexpired lease of 
nonresidential real property shall be without prejudice to— 
"(A) the right of the trustee to seek further extensions 
within such additional time period greinted by the court 
pursuant to paragraph (4); and 
"(B) the right of any lessor or any other party in interest 
to request, at £uiy time, a shortening or termination of 
the period within which the trustee must assume or reject 
an unexpired lease of nonresidential real property. 
"(8) The burden of proof for establishing cause for an exten-
sion by £in affected air carrier under paragraph (4) or the 
maintenance of a previously granted extension under paragraph 
(7) (A) and (B) shall at all times remain with the trustee. 
"(9) For purposes of determining cause under paragraph (7) 
with respect to an unexpired lease of nonresidential real prop-
erty between the debtor that is an affected air carrier and 
an airport operator under which such debtor is the lessee 
of an airport terminal or an airport gate, the court shall con-
sider, among other relevant factors, whether substantial harm 
will result to the airport operator or airline passengers as 
a result of the extension or the maintenance of a previously 
granted extension. In making the determination of substantial 
harm, the court shall consider, among other relevant factors, 
the level of actual use of the terminals or gates which are 
the subject of the lease, the public interest in actual use of 
such terminals or gates, the existence of competing demands 
for the use of such terminals or gates, the effect of the court's 
extension or termination of the period of time to assume or 
reject the lease on such debtor's ability to successfully reorga-
nize under chapter 11 of this title, and whether the trustee 
of the affected air carrier is capable of continuing to comply 
with its obUgations under section 365(dX3) of this title.", 
(c) PARTIAL AssioNMEhrrs OR ASSUMPTIONS OF LEASES.—Section 
365(c) of title 11, United States Code, is amended— 
(1) by striking "or" at the end of paragraph (2); 
(2) by striking the period at the end of paragraph (3) and 
inserting in lieu thereof"; or"; and 
(3) by adding at the end the following new paragraph: 
106 STAT. 984 
PUBLIC LAW 102-365—SEPT. 3, 1992 
"(4) such lease is of nonresidential real property under which 
the debtor is the lessee of an aircraft terminal or aircraft 
gate at an airport at which the debtor is the lessee under 
one or more additional nonresidential leases of an aircraft 
terminal or aircraft gate and the trustee, in connection with 
such assumption or assignment, does not assume all such leases 
or does not assume and assign all of such leases to the same 
person, except that the trustee may assume or assign less 
than all of such leases with the airport operator's written 
consent.". 
(d) PROHIBITION OF LEASE ASSIGNMENTS AFTER TERMINATION 
EVENT.—Section 365(fKl) of title 11, United States Code, is 
amended by striking the period at the end and inserting in lieu 
thereof the following: "; except that the trustee may not assign 
an unexpired lease of nonresidential real property under which 
the debtor is an Eiffected air carrier that is the lessee of an aircraft 
terminal or aircraft gate if there has occurred a termination event.". 
(e) AFFECTED AIR CARRIER DEFINED.—Section 365 of title 11, 
United States Code, is amended by adding at the end the following 
new subsection: 
"(p) In this section, 'affected air carrier* means an air carrier, 
as defined in section 101(3) of the Federal Aviation Act of 1958, 
that holds 65 percent or more in number of the aircraft gates 
at £in airport— 
"(1) which is a Large Air Traffic Hub as defined by the 
Federal Aviation Administration in Report FAA-AP 92-1, Feb-
ruary 1992; and 
"(2) all of whose remaining aircraft gates are leased or under 
contract on the date of enactment of this subsection.". 
Effective date. 
(f) APPLICABILITY.—The amendments made by this section shall 
11 use 365 note. ^yQ in effect for the 12-month period that begins on the date of 
enactment of this Act and shall apply in all proceedings involving 
an affected air carrier (as defined in section 365(p) of title 11, 
United States Code, as amended by this section) that are pending 
during such 12-month period. Not later than 9 months after the 
date of enactment, the Administrator of the Federal Aviation 
Administration shall report to the Committee on Commerce, 
PUBLIC LAW 102-365—SEPT. 3, 1992 
106 STAT. 985 
Science, and Transportation and Committee on the Judiciary of 
the Senate and the Committee on the Judiciary and Committee 
on Pubhc Works and Transportation of the House of Representatives 
on whether this section shall apply to proceedings that are com-
menced after such 12-month period. 
Approved September 3, 1992. 
LEGISLATIVE HISTORY—H.R. 2607 (S. 1571): 
HOUSE REPORTS: No. 102-205 (Ck)mm. on Energy and Commerce). 
SENATE REPORTS: No. 102-219 accompanying S. 1571 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Sept. 23, considered and passed House. 
Vol. 138 (1992): Mar. 18, considered and passed Senate, amended, in lieu of 
S. 1571. 
July 21, House concurred in Senate amendment with 
amendments. 
Aug. 12, Senate concurred in House amendments with an 
amendment. House concurred in Senate amendment.