[Congressional Record Volume 140, Number 63 (Thursday, May 19, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                         ADDITIONAL STATEMENTS

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                   RAILROAD GRADE CROSSING SAFETY ACT

 Mr. DANFORTH. Mr. President, I ask that S. 2127, the Railroad 
Grade Crossing Safety Act of 1994, which I introduced on May 18, be 
printed in the Congressional Record.
  The bill follows:

                                S. 2127

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Railroad Grade Crossing 
     Safety Act of 1994''.

     SEC. 2. GRADE CROSSING SIGNAL DEVICES.

       Section 202 of the Federal Railroad Safety Act of 1970 (45 
     U.S.C. 431) is amended--
       (1) by redesignating the subsections after the first 
     subsection (r) as subsections (s), (t), (u), and (v), 
     respectively; and
       (2) by adding at the end the following new subsection:
       ``(w) Grade Crossing Signal Devices.--The Secretary shall, 
     within 1 year after the date of enactment of this subsection, 
     establish nationally uniform standards regarding the 
     allocation of responsibility for selection and installation 
     of signal devices at public railroad-highway grade 
     crossings.''.

     SEC. 3. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.

       (a) Amendment of Regulations.--The Secretary of 
     Transportation shall conduct a rulemaking proceeding to amend 
     the Secretary's regulations under section 500.407 of title 
     23, Code of Federal Regulations, to require that each highway 
     safety management system developed, established, and 
     implemented by a State shall, among countermeasures and 
     priorities established under subsection (b)(2) of that 
     section, include--
       (1) public railroad-highway grade crossing closure plans 
     that are aimed at eliminating high-risk or redundant 
     crossings (as defined by the Secretary); and
       (2) railroad-highway grade crossing policies that limit the 
     creation of new at-grade crossings for vehicle or pedestrian 
     traffic, recreational use, or any other purpose.
       (b) Deadline.--The Secretary of Transportation shall 
     complete the rulemaking proceeding described in subsection 
     (a) and promulgate the required amended regulations, not 
     later than 1 year after the date of enactment of this Act.

     SEC. 4. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS.

       (a) Toll Free Telephone Number.--The Secretary of 
     Transportation shall establish, not later than 1 year after 
     the date of enactment of this Act, and thereafter maintain an 
     emergency notification system utilizing a toll free ``800'' 
     telephone number that the public can use to convey to 
     railroads, either directly or through public safety 
     personnel, information about malfunctions or other safety 
     problems at railroad-highway grade crossings. In establishing 
     such emergency notification system, the Secretary may 
     coordinate with, or incorporate components of, existing 
     notification systems.
       (b) Notice to Public.--Not later than 90 days after the 
     establishment of the emergency notification system described 
     in subsection (a), the Secretary of Transportation shall 
     promulgate regulations requiring railroads with railroad-
     highway grade crossings to display publicly at each such 
     crossing, in a manner prescribed by the Secretary, 
     information
       (1) describing the emergency notification system;
       (2) instructing the public how to use the system;
       (3) stating the toll free telephone number that is 
     available for such use; and
       (4) specifying the unique number (as assigned by the 
     Secretary) identifying such grade crossing.
       (c) Treatment in Judicial Proceedings.--A court shall not 
     hold the Secretary of Transportation or any other Federal 
     official or agency, any State or agency or political 
     subdivision of a State, or any railroad liable for damages 
     caused by an action taken under this section or by failure to 
     perform a duty imposed by this section. No evidence may be 
     introduced in a trial or other judicial proceeding that the 
     emergency notification system required by this section exists 
     or is relied upon by any governmental official or entity or 
     any railroad.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     purpose of carrying out this section $1,000,000 for fiscal 
     year 1995, $500,000 for fiscal year 1996, and $500,000 for 
     fiscal year 1997.
       (e) Cost Sharing.--At least 30 percent of the cost of 
     establishing and maintaining the emergency notification 
     system required by this section shall be provided from non-
     Federal sources.

     SEC. 5. OPERATION LIFESAVER.

       (a) Authorization of Appropriations.--Of amounts 
     appropriated to the Secretary of Transportation for railroad 
     research and development, there are authorized to be 
     appropriated to the Secretary $300,000 for fiscal year 1995, 
     $500,000 for fiscal year 1996, and $750,000 for fiscal year 
     1977, to support Operation Lifesaver, Inc.
       (b) Program Requirements.--The Secretary of Transportation 
     shall not provide financial assistance to Operation 
     Lifesaver, Inc., in excess of $150,000 for any fiscal year 
     unless--
       (1) such excess funding is for the development and 
     implementation of a national, multiyear, multimedia public 
     information and law enforcement program for the reduction of 
     fatalities and serious injuries involving railroad-highway 
     grade crossings and trespassing on railroad rights-of-way and 
     property; and
       (2) at least 30 percent of the costs of developing and 
     implementing such program is provided from non-Federal 
     sources, including States and railroads.

     SEC. 6. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

       (a) In General.--In implementing the Intelligent Vehicle 
     Highway Systems Act of 1991 (23 U.S.C. 307 note), the 
     Secretary of Transportation shall ensure that the National 
     Intelligent Vehicle-Highway Systems Program addresses, in a 
     comprehensive and coordinated manner, the use of intelligent 
     vehicle-highway system technologies to promote safety at 
     railroad-highway grade crossings. The Secretary of 
     Transportation shall ensure that two or more operational 
     tests funded under such act shall promote highway traffic 
     safety and railroad safety.

     SEC. 7. PENALTIES FOR CERTAIN GRADE CROSSING VIOLATIONS.

       (a) Motor Vehicle Violations.--The Secretary of 
     Transportation shall, within 6 months after the date of 
     enactment of this Act, amend regulations--
       (1) under the Hazardous Materials Transportation Act (43 
     App. U.S.C. 1801 et seq.) to prohibit the drive of a motor 
     vehicle transporting hazardous materials in commerce, and
       (2) under the Motor Carrier Safety Act of 1984 (49 App. 
     U.S.C. 2501 et seq.) to prohibit the driver of any commercial 
     motor vehicle.

     from driving the motor vehicle onto a railroad-highway grade 
     crossing without having sufficient space to drive completely 
     through the crossing without stopping.
       (b) Vandalism; Trespassing.--Not later than 6 months after 
     the date of enactment of this Act, the Secretary of 
     Transportation shall amend the Secretary's regulations under 
     section 202 of the Federal Railroad Safety Act of 1970 (45 
     U.S.C. 431) to make subject to a civil penalty under such Act 
     any person who--
       (1) defaces or disables, or commits any other act that 
     adversely affects the function of, any signal system, sign, 
     or device at a grade crossing; or
       (2) trespasses on a railroad-owned or railroad-leased 
     right-of-way, roadbed, or bridge.

     SEC. 8. VIOLATION OF GRADE CROSSING LAWS AND REGULATIONS.

       (a) Federal Regulations.--The Commercial Motor Vehicle 
     Safety Act of 1986 (49 App. U.S.C. 2701 et seq.), as amended 
     by subsection (b) of this section, is further amended by 
     adding at the end the following new section:

     ``SEC. 12022. VIOLATION OF GRADE CROSSING LAWS AND 
                   REGULATIONS.

       ``(a) Regulations.--The Secretary shall issue regulations 
     establishing sanctions and penalties relating to violations, 
     by persons operating commercial motor vehicles, of laws and 
     regulations pertaining to railroad-highway grade crossings.
       ``(b) Minimum Requirements.--Regulations issued under 
     subsection (a) shall, at a minimum, require that--
       ``(1) any operator of a commercial motor vehicle who is 
     found to have committed a first violation of a law or 
     regulation pertaining to railroad-highway grade crossings 
     shall be disqualified from operating such a vehicle for a 
     period of not less than 90 days and shall be subject to a 
     civil penalty of not less than $1,000;
       ``(2) any operator of a commercial motor vehicle who is 
     found to have committed a second violation of such a law or 
     regulation shall be disqualified from operating such a 
     vehicle for a period of not less than 1 year and not more 
     than 5 years and shall be subject to a civil penalty of not 
     less than $1,000; and
       ``(3) any employer that knowingly allows, permits, 
     authorizes, or requires an employee to operate a commercial 
     motor vehicle in violation of such a law or regulation shall 
     be subject to a civil penalty of not more than $10,000.
       ``(c) Deadline.--The regulations required under subsection 
     (a) shall be issued not later than 5 years after the date of 
     enactment of this section.''.
       (b) State Regulations.--Section 12009(a) of the Commercial 
     Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2708(a)) is 
     amended--
       (1) in paragraph (21), by striking ``12020(a)'' and 
     inserting in lieu thereof ``12021(a)''; and
       (2) by adding at the end the following new paragraph:
       ``(22) Grade crossing regulations.--The State shall adopt 
     and enforce any regulations issued by the Secretary under 
     section 12022.''.
       (c) Technical Amendment.--The Commercial Motor Vehicle 
     Safety Act of 1986 (49 App. U.S.C. 2701 et seq.) is amended 
     by redesignating the second section 12020 (as added by 
     section 4009(a) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2156)) 
     as section 12021.

     SEC. 9. SAFETY ENFORCEMENT.

       The National Highway Traffic Safety Administration, and the 
     Office of Motor Carrier Safety within the Federal Highway 
     Administration, shall on a continuing basis cooperate with 
     the National Association of Governors' Highway Safety 
     Representatives, the Commercial Vehicle Safety Alliance, and 
     Operation Lifesaver, Inc., to improve compliance with and 
     enforcement of laws and regulations pertaining to railroad-
     highway grade crossings.

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