[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 4867 Enrolled Bill (ENR)]
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,

f57ba1c179d6dc6bf485ca1a3bf5787c6cd7b31b0b79947ec8f522b5a06c1b05

This title may be cited as the ``Swift Rail Development Act of
1994''.

ce65fb226dadde6d75f9fae7283cccfa71b797f1c33d85a49e4034e4d8e7fa8e

TITLE I

-HIGH-SPEED RAIL

(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, District 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 commercial
application in high-speed rail service in the United States.
(b) Purpose.--The purpose of this title is to encourage farsighted
State, local, and private efforts in the analysis and planning for
high-speed rail systems in appropriate intercity corridors.

3d11e29708291bfb810941a9d3bf2be3eedfa0fe66ceae0b5a8325ed5d8b4703

(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--HIGH-SPEED RAIL ASSISTANCE
``Sec.
``26101. Corridor planning.
``26102. High-speed rail technology improvements.
``26103. Safety regulations.
``26104. Authorization of appropriations.
``26105. Definitions.
``Sec. 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 activities.
``(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 of
advanced locomotives and rolling stock, ticketing, coordination
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.--Selection by
the Secretary of recipients of financial assistance under this section
shall be based on such criteria as the Secretary considers 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
interconnection 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 acquisition 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.
``Sec. 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 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 commercial application in
high-speed rail service in the United States.
``Sec. 26103. Safety regulations
``The Secretary shall promulgate such safety regulations as may be
necessary for high-speed rail services.
``Sec. 26104. Authorization of appropriations
``(a) Fiscal Year 1995.--There are authorized to be appropriated to
the Secretary $29,000,000 for fiscal year 1995, forP
carrying out sections 26101 and 26102 (including payment of
administrative expenses related thereto).
``(b) Fiscal Year 1996.--(1) There are authorized to be
appropriated to the Secretary $40,000,000 for fiscal year 1996, forP
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
appropriated to the Secretary $45,000,000 for fiscal year 1997, for
carrying 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.
``Sec. 26105. Definitions
``For purposes of this chapter--
``(1) the term `financial assistance' includes grants,
contracts, 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 governments;
``(4) the term `Secretary' means the Secretary of
Transportation;
``(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 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''.

ed15bfe32a4cd3d658c1ef10e378f6dacb06f98de9bb282b74bf5a8ed5d03d05

(a) Redemption of Outstanding Obligations and Liabilities.--
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.).

142ed3975947951f2217088b40b9746b4938c66c1c722df0d2e4e27838f84ac4

This title may be cited as the ``Federal Railroad Safety
Authorization Act of 1994''.

012f0bed854d439d11f65564585998176c17a13e4fc47070a4a1cabe8a96e994

TITLE II

-RAIL SAFETY

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.''.

e69d0c02b0dd2567e2f09968259b4b897c77b2330092dd7b526d9c830736792d

(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 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 alternatives to the
strict application of the requirements 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 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 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 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.''.

5de3d961e204289ff0781a5227189faf5dec2a23cbb2bd650f48ecaf6f441d36

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''.

b5f98e99607a12306560bcf304c27f3157d5de227e04dbbbad194d1bfe122f87

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''.

aef3e0a1143f88321135cecd84ee0436644437416eb83298e17a99c7b870b6ba

(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
(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.''.

86f8084bbff316a94ed07922e6eba575fc48ccc392504335518fe5d6daba0edd

(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 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.''.

d3795e032c4f16d5fd9434238905911eaf8c072bd6dda06b57c474a31a7c7416

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
significant shelling; and
``(2) any specific actions that should be taken when a rail
surface condition, such as shelling, prevents the identification of
internal defects.''.

bcd501190a9688b0e5d7c110c6d9da481515542186f4326aa4741c60b3885708

The amendments made by section 7 of the Amtrak Reauthorization and
Improvement Act of 1990 shall apply to all periods before and after the
date of their enactment.

031fe1ae90ede459b4bb9645b1849664761ccabccc59c57bd49c766ca3df74de

(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 20146. Institute for Railroad Safety
``The Secretary of Transportation, in conjunction with a university
or college having expertise in transportation safety, shall establish,
within one year after the date of enactment of the Federal Railroad
Safety Authorization Act of 1994, an Institute for Railroad Safety. The
Institute shall research, develop, fund, and test measures 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.''.

74400fe2a6ad33ad236212848706139ec53068ceb068a7c0a10fe1fd3a8eb3e5

(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 20147. Warning of civil liability
``The Secretary of Transportation shall encourage railroad carriers
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.''.

e793af91a8260296541f4559f13daf8a91ce5b290554f1deaeb1fc51e8687f21

(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 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 initiate a
rulemaking proceeding to prescribe regulations requiring enhanced
visibility standards for newly manufactured and remanufactured railroad
cars. In such proceeding the Secretary shall consider, 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 requirement 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.''.

9be4158befd3bba0b1bab457a56aa9a325eb6cc20767b023a48a810211478e02

(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 20149. Coordination with the Department of Labor
``The Secretary of Transportation shall consult with the Secretary
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.''.

0759ff2a2bb2457dd732275f2edb2755ee92a2284bfd88daabaf35ae5cfb6776

(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 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.''.

f073fac2cb84c0172156231aae8bd0e122b48c30a143b488e71457b93b35019f

(a) Amendment.--Section 20133 of title 49, United States Code, is
amended to read as follows:
``Sec. 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
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
subsection (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 positions 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 passenger service,
other railroad carriers transporting passengers, organizations of
passengers, and organizations of employees. A consultation 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.''.

61b8b6a582b87cf5945971853c3a3946eead28e6c80694508ef349b34ceaa17e

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.''.

f8fd2ccd8ca644cbc1621f87776076aa4aea9d895cb456b51444ed989f8611ea

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.''.

1069f2524800a1ac4094ac444f05c27c7e94f5bc85df4a8afb3d99f2383c13a0

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.''.

a4d72fa0fe3d59af3def172252dad65b8acef4e9a7db60c682501d92f228cde1

(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 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 governmental
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 communications 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 property, and strengthening relevant
enforcement strategies. This program shall be designed to increase
public and police awareness of the illegality of, dangers inherent in,
and the extent of, trespassing on railroad rights-of-way, to develop
strategies to improve the prevention of trespassing and 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.''.
(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.''.

4d34491ccd5045af803198a18b24078f15e9de76b697ac98119dd6b6dc3d88cb

(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 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
awareness 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 effectiveness of the
pilot program with other emergency notification systems in effect
within other States. Such evaluation shall include analyses of the
safety benefits derived from the programs, cost 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.''.

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TITLE III

-GRADE CROSSING 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:
``Sec. 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;
``(2) the term ``locomotive horn'' refers to a train-borne
audible warning device meeting standards specified by the Secretary
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 movement around
crossing gates extending over the full width of the lanes in the
particular direction of travel), and that conforms to standards
prescribed by the Secretary under this subsection, 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 arrangements 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 prescribe
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
significant 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,
supplementary 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 distance along the
railroad in order to be excepted from the requirement of this section.
``(d) Application for Waiver or Exemption.--Notwithstanding 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, order railroad carriers
operating over one or more crossings to cease temporarily the sounding
of locomotive horns at such crossings. 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 supplementary 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 crossings
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.

744a64cab1a81201f508bb7abc210fa06a0b28506d4fc7ae1f6fe0d29c8bba6b

High-Speed Rail Development Act of 1994 — HR. 4867

Other Sections

TITLE I

TITLE II

TITLE III

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