108 STAT. 4622 PUBLIC LAW 103-440—NOV. 2, 1994 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: " § 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: "§ 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 require-
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