[Congressional Record Volume 140, Number 144 (Thursday, October 6, 1994)]
[House]
[Page H]
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]

 
                HIGH-SPEED RAIL DEVELOPMENT ACT OF 1994

  Mr. SWIFT. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 4867) to authorize appropriations for 
high-speed rail transportation, and for other purposes, with a Senate 
amendment thereto, and concur in the Senate amendment with an 
amendment.
  The Clerk read the title of the bill.
  The Clerk read the House amendment to the Senate amendment, as 
follows:
       House Amendment to Senate Amendment: In lieu of the matter 
     proposed to be inserted by the Senate amendment to the text, 
     insert the following:
                        TITLE I--HIGH-SPEED RAIL

     SEC. 101. SHORT TITLE.

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

     SEC. 102. FINDINGS; PURPOSE.

       (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.

     SEC. 103. NATIONAL HIGH-SPEED RAIL ASSISTANCE PROGRAM.

       (a) Amendments.--(1) Part D of subtitle V of title 49, 
     United States Code, is redesignated as part E, chapter 261 of 
     such title is redesignated as chapter 281, and sections 26101 
     and 26102 of such title are redesignated as sections 28101 
     and 28102.
       (2) Subtitle V of title 49, United States Code, is amended 
     by inserting after part C the following new part:

                       ``PART D--HIGH-SPEED RAIL

               ``CHAPTER 261--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, for 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, for carrying out section 26101 (including payment of 
     administrative expenses related thereto).
       ``(2) There are authorized to be appropriated to the 
     Secretary $30,000,000 for fiscal year 1996, for carrying out 
     section 26102 (including payment of administrative expenses 
     related thereto).
       ``(c) Fiscal Year 1997.--(1) There are authorized to be 
     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''.

     SEC. 104. COLUMBUS AND GREENVILLE RAILWAY.

       (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.).
                         TITLE II--RAIL SAFETY

     SEC. 201. SHORT TITLE.

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

     SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

       Section 20117(a)(1) of title 49, United States Code, is 
     amended by adding after subparagraph (B) the following new 
     subparagraphs:
       ``(C) $68,289,000 for fiscal year 1995.
       ``(D) $75,112,000 for fiscal year 1996.
       ``(E) $82,563,000 for fiscal year 1997.
       ``(F) $90,739,000 for fiscal year 1998.''.

     SEC. 203. HOURS OF SERVICE PILOT PROJECTS.

       (a) Amendment.--Chapter 211 of title 49, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``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.''.

     SEC. 204. CONFORMING AMENDMENT REGARDING HOURS OF SERVICE 
                   VIOLATIONS.

       Section 21303(a)(1) of title 49, United States Code, is 
     amended by inserting ``or violating any provision of a waiver 
     applicable to that person that has been granted under section 
     21108 of this title,'' after ``chapter 211 of this title''.

     SEC. 205. TECHNICAL AMENDMENT REGARDING FEDERAL RAILROAD 
                   SAFETY.

       Section 20111(c) of title 49, United States Code, is 
     amended by inserting ``this chapter or any of the laws 
     transferred to the jurisdiction of the Secretary of 
     Transportation by subsection (e) (1), (2), and (6)(A) of 
     section 6 of the Department of Transportation Act, as in 
     effect on June 1, 1994, or'' after ``individual's violation 
     of''.

     SEC. 206. BIENNIAL FEDERAL RAILROAD SAFETY REPORTING.

       (a) Section 20116 of title 49, United States Code, is 
     amended--
       (1) by striking in its heading ``Annual'' and inserting in 
     lieu thereof ``Biennial'';
       (2) by striking ``not later than July 1 of each year a 
     report on carrying out this chapter for the prior calendar 
     year. The report shall include the following information 
     about the prior year'' and inserting in lieu thereof ``every 
     two years, on or before July 1 of the year due, a 
     comprehensive report on the administration of this chapter 
     for the preceding two calendar years. The report shall 
     include the following information about such calendar 
     years''; and
       (3) in paragraph (1), by inserting ``, by calendar year'' 
     after ``casualties by cause''.
       (b) The item relating to section 20116 in the table of 
     sections for chapter 201 of title 49, United States Code, is 
     amended to read as follows:
``20116. Biennial report.''.

     SEC. 207. REPORT ON BRIDGE DISPLACEMENT DETECTION SYSTEMS.

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

     ``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.''.

     SEC. 208. TRACK SAFETY.

       Section 20142 of title 49, United States Code, is amended--
       (1) in subsection (b), by striking ``September 3, 1994'' 
     and inserting in lieu thereof ``September 1, 1995'';
       (2) in subsection (a)(1), by inserting ``, including cold 
     weather installation procedures'' after ``attendant 
     structure''; and
       (3) by adding at the end the following new subsection:
       ``(d) Identification of Internal Rail Defects.--In carrying 
     out subsections (a) and (b), the Secretary shall consider 
     whether or not to prescribe regulations and issue orders 
     concerning--
       ``(1) inspection procedures to identify internal rail 
     defects, before they reach imminent failure size, in rail 
     that has 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.''.

     SEC. 209. RESIDENCE OF EMPLOYEES.

       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.

     SEC. 210. INSTITUTE FOR RAILROAD SAFETY.

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

     ``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.''.

     SEC. 211. WARNING OF CIVIL LIABILITY.

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

     ``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.''.

     SEC. 212. RAILROAD CAR VISIBILITY.

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

     ``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.''.

     SEC. 213. COORDINATION WITH THE DEPARTMENT OF LABOR.

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

     ``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.''.

     SEC. 214. POSITIVE TRAIN CONTROL SYSTEM PROGRESS REPORT.

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

     ``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.''.

     SEC. 215. PASSENGER CAR SAFETY STANDARDS.

       (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.''.

     SEC. 216. CONTRACT AND GRANT AUTHORITY.

       Section 103 of title 49, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(e) Subject to the provisions of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), 
     the Secretary of Transportation may make, enter into, and 
     perform such contracts, grants, leases, cooperative 
     agreements, and other similar transactions with Federal or 
     other public agencies (including State and local governments) 
     and private organizations and persons, and make such 
     payments, by way of advance or reimbursement, as the 
     Secretary may determine to be necessary or appropriate to 
     carry out functions of the Federal Railroad Administration. 
     The authority of the Secretary granted by this subsection 
     shall be carried out by the Administrator. Notwithstanding 
     any other provision of this chapter, no authority to enter 
     into contracts or to make payments under this subsection 
     shall be effective, except as provided for in appropriations 
     Acts.''.

     SEC. 217. TOURIST RAILROAD CARRIERS.

       Section 20103 of title 49, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(f) Tourist Railroad Carriers.--In prescribing 
     regulations that pertain to railroad safety that affect 
     tourist, historic, scenic, or excursion railroad carriers, 
     the Secretary of Transportation shall take into consideration 
     any financial, operational, or other factors 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.''.

     SEC. 218. OPERATION LIFESAVER.

       Section 20117 of title 49, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(e) Operation Lifesaver.--In addition to amounts 
     otherwise authorized by law, there are authorized to be 
     appropriated for railroad research and development $300,000 
     for fiscal year 1995, $500,000 for fiscal year 1996, and 
     $750,000 for fiscal year 1997, to support Operation 
     Lifesaver, Inc.''.

     SEC. 219. RAILROAD TRESPASSING AND VANDALISM PREVENTION 
                   STRATEGY.

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

     ``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.''.
                    TITLE III--GRADE CROSSING SAFETY

     SEC. 301. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS.

       (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.''.

     SEC. 302. AUDIBLE WARNINGS AT HIGHWAY-RAIL GRADE CROSSINGS.

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

     ``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.''.
  Mr. SWIFT (during the reading). Mr. Speaker, I ask unanimous consent 
that the House amendment to the Senate amendment be considered as read 
and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  Mr. MOORHEAD. Mr. Speaker, reserving the right to object, I will not 
object, but I take this reservation for the purpose of asking the 
gentleman from Washington [Mr. Swift] to explain what is in the 
legislation.
  Mr. SWIFT. Mr. Speaker, the House amendment contains three titles.
  Title I represents a compromise on high-speed rail that has been 
worked out with the other body.
  It is the same bill that the House passed by a wide margin with only 
technical adjustments.
  Title II provides a 4-year authorization for the rail safety 
activities of the Federal Railroad Administration. Title II includes 
the entire text of the rail safety bill which passed the House by a 
vote of 395 to 0 in August.
  Included in title II are provisions which will strengthen the track 
safety regulations that FRA is currently working on as well as require 
that FRA set standards for passenger car safety and railroad car 
visibility.
  Title III contains important provisions related to grade crossing 
safety--which is where the greatest number of fatalities occur.
  Mr. MOORHEAD. Mr. Speaker, further reserving the right to object, I 
rise to support approval of this legislation to advance the development 
of high-speed rail passenger services in the United States. This bill 
is a modest first step in a long-term process: It is aimed at assisting 
State and local governments with the costs of preconstruction 
activities such as planning, environmental assessments, and refinement 
of developed technologies for use in high-speed rail corridors.
  Although I had hoped for broader legislation in this area, H.R. 4867 
will help lay the foundation for actual construction of the various 
infrastructure improvements needed for future high-speed rail passenger 
service.
  I want to commend Chairman Dingell, subcommittee Chairman Swift, and 
the subcommittee's ranking member, Mike Oxley, for their work on this 
legislation.
  We in California are particularly conscious of the benefits of high-
speed rail as part of our overall transportation strategy. It is energy 
efficient, environmentally benign, and it helps alleviate traffic 
congestion and meet our Clean Air Act air quality standards.
  We know that the Nation's freight railroads will be key players in 
the ultimate operation of high-speed rail passenger service, because 
they own most of the rights-of-way which will have to be used for high-
speed corridors. In California, we have so far been successful in 
obtaining the cooperation of the freight carriers in making rights-of-
way available for our conventional passenger and commuter service. As 
we move on to high-speed rail, it is quite clear that suitable 
liability arrangements will have to be made to assure access to needed 
facilities. I believe that this is an area where the Department of 
Transportation can perform a vital service in its planning processes--
both under current law and under this legislation. DOT can help to 
suggest approaches to addressing the liability problem as part of the 
planning and other preconstruction preparations provided for in this 
bill.
  I also want to highlight the importance of the rail safety provisions 
in this amended version of the bill, corresponding to H.R. 4545, the 
rail safety reauthorization approved by the House in August. The 
amendment is in effect a common-denominator of House and Senate 
provisions to reauthorize and improve the rail safety programs of the 
Federal Railroad Administration. As with the high-speed rail 
legislation, the rail safety provisions have been crafted on a 
bipartisan basis with outstanding cooperation among the members of the 
Energy and Commerce Committee. I also want to commend the leadership of 
the Public Works Committee on both sides of the aisle for their 
assistance and cooperation with respect to the safety provisions in 
title III that involve the jurisdiction of that committee.
  Mr. Speaker, I want to congratulate the gentleman from Washington 
[Mr. Swift] for his work on this bill and for his number of years of 
service to the House. This is one of his last bills, and he has really 
contributed a lot to each of us.
  (Mr. MOORHEAD asked and was given permission to revise and extend his 
remarks.)
  Mr. OXLEY. Mr. Speaker, I rise in strong support of H.R. 4867, a bill 
to move forward the process of selecting and planning high-speed rail 
corridors around the United States. This legislation is structured to 
assist State and local governments in planning and other 
preconstruction activities aimed at eventual construction of high-speed 
rail rights-of-way. It provides for a matching program under which the 
Federal Government will assist the State and local governments in 
funding planning, feasibility studies, and the refinement-ready 
developed technologies for use in high-speed rail passenger service.
  One of these developed technologies that may well prove crucial to 
high-speed rail in corridors of lower population density is high-speed 
nonelectric locomotives, such as those powered by turbine. Amtrak has 
utilized first-generation locomotives of this type on certain routes 
outside the Northeast Corridor, and improved versions hold the promise 
of allowing true high-speed operation on other routes where 
construction of a complete overhead electrical catenary system is not 
cost-effective. Under H.R. 4867, DOT is authorized to assist in the 
funding of improvement and adaptation of developed technologies for 
high-speed rail use, and turbine-powered high-speed locomotives should 
clearly be considered as one of these key technologies.
  I want to commend Chairman Dingell, subcommittee Chairman Swift, and 
our committee's ranking member, Mr. Moorhead, for their diligent work 
in moving this legislation forward. The bill is only a first step 
toward future rail service, but it is at least a beginning. We know 
that high-speed rail service must be part of any balanced national 
transportation policy.
  I also strongly support the amended rail safety authorization that is 
part of this legislation, corresponding to H.R. 4545, approved by the 
House in August. The amended text reflects a common-denominator of 
House and Senate rail safety provisions which will reauthorize and 
improve the various rail safety programs administered by the Federal 
Railroad Administration. This includes important new initiatives in 
human-factors safety research, improved grade-crossing safety measures, 
and safety standards for passenger cars. It is important the Congress 
give FRA a current operating charter to keep the railroad industry 
operating safely, and this legislation does that in a responsible and 
carefully targeted manner. I strongly support its approval by the 
House.
  Mr. DINGELL. Mr. Speaker, I commend the chairman of the subcommittee 
on Transportation and Hazardous Materials, Mr. Swift, for his 
leadership and skill in crafting this legislation. It has been an honor 
and a privilege serving with Al. I also want to thank the ranking 
Republican member of the committee, Mr. Moorhead, and the ranking 
member of the subcommittee, Mr. Oxley, for their help on this important 
legislation. I want to offer special thanks to Ms. Schenk and to Mr. 
Upton. I commend Members of the other body, for their hard work and 
spirit of cooperation on this matter. Finally, I want to thank the 
distinguished chairman of the Public Works and Transportation 
Committee, Mr. Mineta, and the ranking Republican member of the 
committee, Mr. Shuster, for their help.
  I urge your support of H.R. 4867, which is a result of fruitful 
negotiations between our committee, the Public Works Committee, and our 
sister committee in the other body. I believe H.R. 4867 is a good 
compromise incorporating important rail legislation.
  Title I of H.R. 4867 authorizes appropriations for high-speed rail 
transportation. Due to budget constraints, this is a scaled back high-
speed rail package. It authorizes activities to assist in the 
implementation of steel-wheel high-speed rail transportation. It 
focuses on practical and efficient use of limited resources.
  H.R. 4867 allows the Secretary of Transportation to provide financial 
assistance to States or public agencies for eligible high-speed rail 
corridor planning activities. It also allows the Secretary to provide 
financial assistance for developed technology improvements to assist in 
the implementation of high-speed rail service in the United States. 
This modest legislation is the best we can do at this time. I hope we 
can build and improve upon this framework in the future.
  High-speed rail transportation offers many public benefits. It is 
recognized increasingly as an economically viable and socially 
acceptable solution to problems facing many intercity corridors. 
Changes need to be made in our transportation priorities by encouraging 
interested State and local governments to facilitate the development of 
needed high-speed rail corridors. This legislation is an important step 
in that direction.
  Title II of H.R. 4867 authorizes railroad safety activities of the 
Federal Railroad Administration [FRA] for a period of 4 years ending 
September 30, 1998. FRA is responsible for oversight of the safety of 
the Nation's railroads. The Committee on Energy and Commerce passed 
comprehensive railroad safety legislation in 1988 and 1992. These bills 
mandated significant rulemaking and reporting actions by FRA as part of 
its safety and enforcement responsibilities. This legislation builds 
upon these legislative accomplishments.
  Title II includes an important provision regarding bridge detection 
systems. It requires the Secretary of Transportation to issue a report 
concerning any action that the Department of Transportation has 
taken with regard to railroad bridge displacement detection systems. 
FRA is currently studying this matter as a result of the tragic train 
accident that occurred in Saraland, AL, on September 22, 1993. Another 
important provision requires FRA to address cold weather installation 
of continuous welded rail in issuing track safety regulations and to 
consider whether or not to issue regulations that address the problem 
of track shelling in the detection of internal rail defects. Finally, 
this title includes a provision on passenger car safety standards, 
requiring the Secretary of Transportation to prescribe regulations 
establishing minimum standards for the safety of cars used by railroad 
carriers to transport passengers.

  Title III falls under the joint jurisdiction of the Committee on 
Energy and Commerce and the Committee on Public Works and 
Transportation. One important provision of this title directs the 
Secretary of Transportation to prescribe regulations requiring the use 
of locomotive horns for safety at highway-rail grade crossings. Over 
600 persons die at highway-rail crossings each year, despite the 
expenditure of Federal and State funds to improve warning systems. 
Locomotive horns have been proven effective as an element of a warning 
system. This provision allows for exemptions from horn use where it is 
not needed. Title III also directs the Secretary of Transportation to 
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 information about safety problems at 
railroad-highway grade crossings. The following is an exchange of 
correspondence between myself and Mr. Mineta, the distinguished 
chairman of the Committee on Public Works and Transportation, 
clarifying the jurisdiction of our two committees regarding title III. 
I include correspondence to be included for the Record.
  I want to conclude by thanking Secretary Pena and Administrator 
Molitoris for their efforts on this legislation.
  I urge my colleagues to support H.R. 4867.

                                         House of Representatives,


                                 Committee on Public Works and

                                               Transportation,

                                  Washington, DC, October 6, 1994.
     Hon. John D. Dingell,
     Chairman, Committee on Energy and Commerce,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: I understand that the Committee on 
     Energy and Commerce is prepared to take up H.R. 4867, the 
     ``High Speed Rail Act of 1994'', as amended by the Senate.
       It is also my understanding that your Committee would like 
     the Committee on Public Works and Transportation to waive any 
     referral to it because of provisions in Title III of the bill 
     which fall under the jurisdiction of the Committee on Public 
     Works and Transportation, in order to permit final 
     consideration of H.R. 4867 by the Congress before it 
     adjourns.
       After review of the bill, the Committee has no objection to 
     its proceeding forward and, thus, will not seek to exercise 
     our jurisdictional authority with respect to Title III.
       While we are waving our right to any referral of this bill, 
     we want to state this should in no context be construed that 
     our Committee is relinquishing its jurisdiction over the 
     matter addressed in H.R. 4867. We can certainly foresee 
     circumstances in the future when we would exercise our 
     jurisdictional rights on this matter. However, we are 
     proceeding this way in order that the legislation be brought 
     to the Floor expeditiously. We do reserve our right to have 
     Members of our Committee named as conferees should there be a 
     conference on this legislation.
       Lastly, I would appreciate your including our exchange of 
     correspondence in the Record during consideration of the 
     bill. Thank you for your cooperation in this matter.
           Sincerly,
                                                 Norman Y. Mineta,
                                                         Chairman.
                                  ____

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                  Washington, DC, October 6, 1994.
     Hon. Norman Y. Mineta,
     Chairman, Committee on Public Works and Transportation,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: I am in receipt of your letter today 
     regarding H.R. 4867, the High-Speed Rail Development Act of 
     1994, as amended.
       The Committee on Energy and Commerce acknowledges that the 
     Committee on Public Works and Transportation shares 
     jurisdiction with our Committee regarding provisions of the 
     legislation contained in Title III of H.R. 4867, as amended. 
     We appreciate your willingness to waive your Committee's 
     right to referral of these provisions and to agree to proceed 
     to consideration of this measure by the House.
       I will be please to include this exchange of correspondence 
     in the record, along with statements to accompany the passage 
     of H.R. 4867, as amended, and wish to convey our appreciation 
     to you and Mr. Shuster for your cooperation and assistance in 
     these matters.
           Sincerely,
                                                  John D. Dingell,
                                                         Chariman.

  Mr. MOORHEAD. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from Washington?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________