[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4545 Referred in Senate (RFS)]
103d CONGRESS
2d Session
H. R. 4545
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 9 (legislative day, August 8), 1994
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To amend the rail safety provisions of title 49, United States Code,
and for other purposes.
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 ``Federal Railroad Safety
Authorization Act of 1994''.
SEC. 2. 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. 3. 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 or railroads and all labor organizations
representing any class or craft of directly affected covered service
employees of the railroad or railroads, 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. 4. 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. 5. 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. 6. 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. 7. REPORT ON BRIDGE DISPLACEMENT DETECTION SYSTEMS.
Not later than 18 months after the date of enactment of this Act,
the Secretary 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.
SEC. 8. 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. 9. 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.
Passed the House of Representatives August 8, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.