Purpose
Notes
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Historical and Revision Notes |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
20101 | 45:421. | Oct. 16, 1970, Pub. L. 91–458, § 101, 84 Stat. 971. |
Short Title of 2015 Amendment
Short Title of 2008 Amendment
Short Title of 1997 Amendment
Short Title of 1994 Amendment
Shared-Use Study
In General.—
Not later than 3 years after the date of enactment of this Act [
the shared use of right-of-way by passenger and freight rail systems; and
the operational, institutional, and legal structures that would best support improvements to the systems referred to in paragraph (1).
Areas of Study.—
In conducting the study under subsection (a), the Secretary shall evaluate—
the access and use of railroad right-of-way by a rail carrier that does not own the right-of-way, such as passenger rail services that operate over privately-owned right-of-way, including an analysis of—
access agreements;
costs of access; and
the resolution of disputes relating to such access or costs;
the effectiveness of existing contractual, statutory, and regulatory mechanisms for establishing, measuring, and enforcing train performance standards, including—
the manner in which passenger train delays are recorded;
the assignment of responsibility for such delays; and
the use of incentives and penalties for performance;
the strengths and weaknesses of the existing mechanisms described in paragraph (2) and possible approaches to address the weaknesses;
mechanisms for measuring and maintaining public benefits resulting from publicly funded freight or passenger rail improvements, including improvements directed towards shared-use right-of-way by passenger and freight rail;
approaches to operations, capacity, and cost estimation modeling that—
allow for transparent decisionmaking; and
protect the proprietary interests of all parties;
liability requirements and arrangements, including—
whether to expand statutory liability limits to additional parties;
whether to revise the current statutory liability limits;
whether current insurance levels of passenger rail operators are adequate and whether to establish minimum insurance requirements for such passenger rail operators; and
whether to establish alternative insurance models, including other models administered by the Federal Government;
the effect on rail passenger services, operations, liability limits, and insurance levels of the assertion of sovereign immunity by a State; and
other issues identified by the Secretary.
Report.—
Not later than 60 days after the study under subsection (a) is complete, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
the results of the study; and
any recommendations for further action, including any legislative proposals consistent with such recommendations.
Implementation.—
The Secretary shall integrate, as appropriate, the recommendations submitted under subsection (c) into the financial assistance programs under subtitle V of title 49, United States Code, and section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822).”
Railroad Safety Strategy
Safety Goals.—
In conjunction with existing federally-required and voluntary strategic planning efforts ongoing at the Department and the Federal Railroad Administration as of the date of enactment of this Act [
Reducing the number and rates of accidents, incidents, injuries, and fatalities involving railroads including train collisions, derailments, and human factors.
Improving the consistency and effectiveness of enforcement and compliance programs.
Improving the identification of high-risk highway-rail grade crossings and strengthening enforcement and other methods to increase grade crossing safety.
Improving research efforts to enhance and promote railroad safety and performance.
Preventing railroad trespasser accidents, incidents, injuries, and fatalities.
Improving the safety of railroad bridges, tunnels, and related infrastructure to prevent accidents, incidents, injuries, and fatalities caused by catastrophic and other failures of such infrastructure.
Resource Needs.—
The strategy and annual plan shall include estimates of the funds and staff resources needed to accomplish the goals established by subsection (a). Such estimates shall also include the staff skills and training required for timely and effective accomplishment of each such goal.
Submission With the President’s Budget.—
The Secretary shall submit the strategy and annual plan to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure at the same time as the President’s budget submission.
Achievement of Goals.—
Progress assessment.—
No less frequently than annually, the Secretary shall assess the progress of the Department toward achieving the strategic goals described in subsection (a). The Secretary shall identify any deficiencies in achieving the goals within the strategy and develop and institute measures to remediate such deficiencies. The Secretary and the Administrator shall convey their assessment to the employees of the Federal Railroad Administration and shall identify any deficiencies that should be remediated before the next progress assessment.
Report to congress.—
Beginning in 2009, not later than November 1 of each year, the Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the performance of the Federal Railroad Administration containing the progress assessment required by paragraph (1) toward achieving the goals of the railroad safety strategy and annual plans under subsection (a).”