Page:United States Statutes at Large Volume 106 Part 2.djvu/97

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PUBLIC LAW 102-365—SEPT. 3, 1992 106 STAT. 977 of the Department of Transportation's standards relating to track safety. Within 2 years after the date of enactment of this subsection, Regulations. the Secretary shall issue rules, regulations, orders, or standards to revise such track safety standardfs, considering such safety data as may be presented during that review and the General Accounting Office report submitted under paragraph (3). "(2) The review required under paragraph (1) shall, at a minimum, include— "(A) an evaluation of procedures associated with maintaining and installing continuous welded rail and its attendant structure; "(B) an evaluation of the need for revisions to rules with respect to track subject to exception from track SEifety standards; and "(C) an evaluation of employee safety. "(3) The General Accounting Office shall conduct a study of the effectiveness of the Secretary's enforcement of track safety standards, with particular attention to recent relevant railroad accident Reports, experience and data. Within one year after the date of enactment of this subsection, the General Accounting Office shall submit to the Secretary and Congress a report on the results of such study, together with recommendations for improving such enforcement.". SEC. 9. APPLICABILITY OF RULES, REGULATIONS, ORDERS, AND STANDARDS. (a) AMENDMENT.— (1) Section 209(a) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 438(a)) is amended by striking the parenthetical clause and inserting in lieu thereof the following: "(including but not limited to a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor)". (2) Section 5(a)(1) of the Act of March 4, 1907 (45 U.S.C. 64a(a)(l); commonly referred to as the "Hours of Service Act") is amended by striking the parenthetical clause and inserting in lieu thereof the following: "(including but not limited to a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor)". (3) Section 6 of the Act of March 2, 1893 (45 U.S.C. 6; commonly referred to as the "Safety Appliance Acts") is amended by striking the first parenthetical clause and inserting in lieu thereof the following: "(including but not limited to a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor)". (4) Section 3 of the Act of March 2, 1903 (45 U.S.C. 10; commonly referred to as the "Safety Appliance Acts") is amended by striking the parenthetical clause and inserting in lieu thereof the following: "(including but not limited to a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manu- 59-194 O—93 4:QL3(Pt.2)