[Congressional Record Volume 140, Number 144 (Thursday, October 6, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 6, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
         THE FEDERAL RAILROAD SAFETY AUTHORIZATION ACT OF 1994

  Mr. FORD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar 669, S. 2132, the 
Federal Railroad Safety Authorization Act of 1994.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 2132) to authorize appropriations to carry out 
     the Federal Railroad Safety Act of 1970, and for other 
     purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 2633

   (Purpose: To restructure the high risk drivers program incentives 
                   contained in title II of the bill)


                           Amendment No. 2634

      (Purpose: To authorize appropriations for an Amtrak project)

  Mr. FORD. Mr. President, I ask unanimous consent it be in order to 
send to the desk en bloc amendments on behalf of Senators Exon and 
Moynihan; the Senate proceed to their consideration en bloc; that the 
amendments be agreed to, and the motions to reconsider be laid upon the 
table en bloc; that the bill, as amended, be read three times.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the amendment (No. 2633) was agreed to.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted'')
  The amendment (No. 2634) was agreed to, as follows:

     SEC.   . AUTHORIZATION.

       There are authorized to be appropriated to the Secretary of 
     Transportation for the benefit of Amtrak $40,000,000 for 
     fiscal year 1995 and $50,000,000 for fiscal year 1996 to be 
     used for engineering, design, and construction activities to 
     enable the James A. Farley Post Office in New York, New York, 
     to be used as a train station and commercial center and for 
     necessary improvements and redevelopment of the existing 
     Pennsylvania Station and associated service bundling in New 
     York, New York.

  Mr. FORD. Mr. President, I ask unanimous consent that the Commerce 
Committee be discharged from further consideration of H.R. 4545, the 
House companion; that the Senate then proceed to its immediate 
consideration; that all after the enacting clause be stricken, and the 
text of S. 2132, as amended, be inserted in lieu thereof; that the bill 
be advanced to third reading, passed, and the motion to reconsider be 
laid upon the table; that any statements be placed in the Record at the 
appropriate place as if read, and that S. 2132 then be indefinitely 
postponed.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HOLLINGS. Mr. President, today the Senate considers S. 2132, the 
Federal Railroad Safety Authorization Act of 1994.
  Title I of this bill would improve railroad safety by enabling the 
Nation to begin to reduce the number of deaths at railroad crossings. 
Over the last several years, approximately 600 people have died and 
thousands have been injured each year in collisions with trains at 
railroad grade crossings. This bill establishes sanctions and penalties 
for violations of laws and regulations pertaining to railroad grade 
crossings. The bill also requires the appropriate Federal agencies, 
State organizations, and private organizations to work together to 
improve compliance with and enforcement of laws and regulations 
pertaining to railroad grade crossings. In addition, this legislation 
establishes, in conjunction with a college or university, an Institute 
for Railroad and Grade Crossing Safety. This institute will research 
and test measures for reducing the number of fatalities and injuries in 
railroad operations.
  The bill also fosters a partnership among all levels of government to 
evaluate laws regarding trespassing on railroad property and to develop 
model prevention strategies and enforcement laws for the consideration 
of the States and local governments. Another 600 people are killed each 
year when they trespass on railroad property. The partnership in this 
bill can go a long way to stopping this carnage.
  Finally, this bill requires the Secretary of Transportation to 
research, review, and recommend rules on railroad car visibility and to 
establish minimum standards for passenger car safety. Standards for 
passenger car safety are critically important. The tragic accident of 
Lugoff, SC, in 1991 resulted in the deaths and injuries of several 
people who were crushed by cars in which they were riding. This bill 
requires the Secretary to address crashworthiness of the cars, interior 
features that may affect passenger safety, and emergency response 
procedures and equipment. Again, at the Lugoff derailment, there was 
some criticism about the length of time that it took for emergency 
service personnel to be dispatched to the crash scene. With this 
legislation such time lapses could be reduced or eliminated outright.
  Title II of this bill, the High Risk Drivers Act of 1994, establishes 
a grant program to foster the development of policies and programs to 
improve the driving performance of younger and older drivers. It also 
establishes programs to inhibit alcohol impaired drivers. This measure 
is virtually identical to a measure that passed the Senate last year on 
a voice vote.
  For these reasons, Mr. President, I urge my colleagues to support 
this measure and to pass it as quickly as possible.
  Mr. DANFORTH. Mr. President, during this Congress, public attention 
was drawn to railroad safety by a series of highly publicized railroad 
wrecks involving Amtrak. Contrary to recent public perception, railroad 
safety has improved steadily in recent years. Accidents involving 
railroads fell, from a high of 11,300 in 1978 to 2,300 in 1993.
  During this same period, the number of collisions involving trains 
and motor vehicles also dropped dramatically, from 13,400 to 4,800. 
There were 83 fewer collisions in 1993 than in 1992, despite record 
levels of freight traffic. The number of people injured in grade 
crossing accidents reached an all time low last year dropping 9 
percent, from 1,969 in 1992 to 1,792 in 1993.
  Grade crossing safety has been the unfortunate exception to the 
positive rail safety trend. Between 1992 and 1993, grade crossing 
fatalities increased from 579 to 614, a jump of 6 percent. Nine of the 
Amtrak accidents noted in the previous paragraph were the result of 
Amtrak trains striking trucks at rail-highway grade crossings.
  In testimony during the Commerce Committee's June 14 hearing, FRA 
Administrator Molitoris noted that 49 percent of all railroad 
fatalities now occur at grade crossings. Trespassing incidents account 
for another 41 percent of all railroad fatalities. In total, grade 
crossing and trespassing incidents result in 90 percent of all railroad 
fatalities.
  A vehicle and train collide every 90 minutes in the United States, at 
an average annual cost as high as $1.8 billion in terms of medical 
costs, insurance payments, legal fees, and damages to railroad 
property. The driver of the car or truck that collides with a train is 
30 times more likely to be killed than in a crash involving 2 motor 
vehicles. The main cause of these deaths is not inadequate signage. 
Over 50 percent of collisions between trains and motor vehicles occur 
at crossing with active warning gates, lights, and bells. Most of the 
time, motorists simply fail to recognize that to race a train is to 
race death.
  Earlier this year, in response to the grade crossing fatality trend, 
the Association of American Railroads [AAR] created a special task 
force, which developed and submitted to the FRA and the relevant House 
and Senate committees, 12 recommendations for improving grade crossing 
safety. On May 18, I introduced S. 2127, the Railroad Grade Crossing 
Safety Act of 1994, which addresses 10 of the 12 points raised by AAR's 
task force. S. 2127, which is limited to issues within the jurisdiction 
of the Commerce Committee, was discussed at the committee's June 14 
hearing on rail safety reauthorization.
  I am pleased that the provisions of S. 2127 were incorporated into S. 
2132, as reported during the committee's September 23 executive 
session. Specifically, the version of S. 2132 that we are considering 
today includes the following provisions from S. 2127, modified as 
described below. These provisions would:
  First, reduce public risk by including plans to close dangerous and 
redundant grade crossings and policies to limit the creation of new 
crossings in highway safety management systems that States are required 
to develop by October 1, 1996;
  Second, explore ways to ensure that existing signs and warning 
devices are in working order by directing the Department of 
Transportation [DOT] Secretary to conduct a pilot program, involving at 
least two States, to demonstrate the potential effectiveness of 
establishing a national emergency notification system, which would use 
a toll-free telephone number for the public to use to report problems 
and malfunctions at grade crossings;
  Third, improve awareness of grade crossing dangers by boosting FRA 
funding of Operation Lifesaver, a nonprofit organization created 22 
years ago to reduce crashes, fatalities, and injuries at grade 
crossings;
  Fourth, promote advanced technology development by directing the DOT 
to include at least two operational tests on grade crossing safety 
technologies in conducting intelligent vehicle highway system research;
  Fifth, encourage public safety by establishing sanctions against 
repeat offenders of grade crossing laws; and
  Sixth, improve compliance and enforcement by directing the DOT to 
encourage better cooperation between the National Highway Traffic 
Safety Administration [NHTSA], the Office of Motor Carriers in the 
Federal Highway Administration, the National Association of Governor's 
Highway Safety Representatives, the Commercial Vehicle Safety Alliance, 
and Operation Lifesaver.
  These provisions have the endorsement of the railroads, railroad 
labor, and the administration. These initiatives will save lives.
  Mr. President, this legislation also includes the provisions of S. 
738, the High Risk Drivers Act. Four weeks ago we witnessed a terrible 
highway crash in which there was a deadly mix of alcohol and a teenage 
driver. The driver of the car was a 16 year old who had received her 
drivers license 3 weeks prior to the crash. According to a post crash 
autopsy, the driver's blood alcohol content [BAC] was .17 percent. The 
crash involved a high speed impact with a tree. The driver and a 16 
year old classmate from Walt Whitman High in Bethesda were killed. Two 
other classmates aged 16 and 15 remain hospitalized. The High Risk 
Drivers Act would encourage all States to adopt tough measures against 
teenage drinking and driving. These include a .02 BAC maximum for 
drivers under age 21 and a minimum fine of $500 for selling alcohol to 
a minor.
  In conclusion, I urge my colleagues to vote for S. 2132, including 
the provisions of the Railroad Grand Crossing Safety Act of 1994 and 
the High Risk Drivers Act.
  Mr. EXON. Mr. President, today, the U.S. Senate has an opportunity to 
save lives. I urge my colleagues to pass S. 2132 the Rail Safety Act of 
1994.
  This legislation includes authorization for appropriations, hours of 
service pilot project, technical amendments sought by the 
administration, and a reduction in the number of reports the Federal 
Rail Administration makes to the Congress, from annual to biannual. 
These provisions were from the Rail Safety bill as introduced and 
requested by the administration.
  In addition to these important provisions, the Senate Commerce 
Committee added the first comprehensive grade crossing initiative to be 
considered by the Congress in recent memory. The grade crossing safety 
provisions of this bill combine initiatives taken from S. 2127, 
originally introduced by Senator Danforth, the Department of 
Transportation Grade Crossing Action plan and S. 2399, which I 
introduced earlier this year. This legislation builds on several years 
of work and investigation by the Senate Surface Transportation 
Subcommittee into the ways of improving grade crossing safety.
  This landmark legislation includes provisions:
  First, requiring the inclusion of grade crossing closure plans in the 
annual highway management system plans filed by states with DOT;
  Second, establishing a pilot program to test the use of a toll free 
800 number to report grade crossing malfunctions;
  Third, to increase authorization for Operation Lifesaver and add the 
Secretary of Transportation to the Board of Directors;
  Fourth, to require that at least IVHS projects address grade crossing 
safety;
  Fifth, to increase penalties against truckers who violate grade 
crossing laws;
  Sixth, to increase safety enforcement cooperation between federal and 
state law enforcement agencies;
  Seventh, to create an Institute for Grade Crossing Safety;
  Eighth, to create a trespassing, & vandalism prevention strategy and 
to design model state legislation;
  Ninth, encouraging railroads to post warnings of liability for 
trespassing and vandalism;
  Tenth, to ban local whistle bans unless certain protections are 
taken;
  Eleventh, to require a rule making on rail car visibility;
  Twelfth, which give the Secretary the power to impose a grade 
crossing freeze and specific numeric targets for reduction for any 
state which has failed to make substantial, continued progress toward 
crossing reductions; and
  Thirteenth, to require a research and technology strategy towards 
improving safety and reducing trespass and vandalism.
  In addition to the comprehensive grade crossing safety initiative the 
Rail Safety Act also includes provisions to:
  First, require the Secretary of Transportation to coordinate with the 
Secretary of Labor on rail worker safety;
  Second, require the Secretary of Transportation to update the 
Congress on developments in positive train control technology and 
demonstration;
  Third, require the Federal Rail Administration to issue safety 
standards for passenger rail cars; and
  Fourth, give the Federal Rail Administration grant authority.
  This bipartisan package of safety measures puts politics aside. Our 
goal is to reduce death and injury. I ask my colleagues to join the 
Senate Commerce Committee and swiftly approve this important 
legislation.
  So the bill (H.R. 4545), as amended, was passed.
  The title was amended so as to read:

       To authorize appropriations to carry out certain Federal 
     railroad safety laws, and for other purposes.

  (The text of the bill will be printed in a future edition of the 
Record.)

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