[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1575 Introduced in Senate (IS)]

  2d Session
                                S. 1575

     To improve rail transportation safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 27 (legislative day, February 23), 1996

Mr. Lautenberg introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To improve rail transportation safety, 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 ``Rail Safety Act of 1996''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Railroad Administration.
            (2) Passenger cab car.--The term ``passenger cab car'' 
        means the leading cab car on a passenger train that does not 
        have a locomotive or safety locomotive at the front of the 
        train.
            (3) Safety locomotive.--The term ``safety locomotive'' 
        means a cab-car locomotive (whether operational or not) that is 
        used at the front of a rail passenger train to promote 
        passenger safety.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (5) Train employee.--The term ``train employee'' has the 
        same meaning as in section 21101(5) of title 49, United States 
        Code.

SEC. 3. HOURS OF SERVICE.

    (a) In General.--
            (1) Regulations.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Administrator, shall promulgate regulations concerning 
        limitations on duty hours of train employees that contain--
                    (A) requirements concerning hours of work for train 
                employees and interim periods available for rest that 
                are no less stringent than the applicable requirements 
                under section 21103 of title 49, United States Code, as 
                in effect on the day before the effective date of 
                subsection (b); and
                    (B) any other related requirements that the 
                Secretary determines to be necessary to protect public 
                safety.
            (2) Negotiated rulemaking.--
                    (A) In general.--In promulgating regulations under 
                this subsection, the Secretary shall use negotiated 
                rulemaking, unless the Secretary determines that the 
                use of that process is not appropriate.
                    (B) Procedures for negotiated rulemaking.--If the 
                Secretary determines under subparagraph (A) that 
                negotiated rulemaking is appropriate, the Secretary, in 
                consultation with the Administrator, shall carry out 
                the negotiated rulemaking in accordance with the 
                procedures under subchapter III of chapter 5 of title 
                5, United States Code.
    (b) Repeal.--
            (1) In general.--Section 21103 of title 49, United States 
        Code, is repealed.
            (2) Effective date.--This subsection shall take effect on 
        the date on which the Secretary promulgates final regulations 
        under subsection (a).

SEC. 4. SATELLITE-BASED TRAIN CONTROL SYSTEMS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, acting through the Administrator, shall 
conduct a study to determine the feasibility of requiring satellite-
based train control systems to provide positive train control for 
railroad systems in the United States by January 1, 2001.
    (b) Time Frame for Operation; Automated Train Control Systems.--
            (1) Regulations to cover impracticability of satellite-
        based train control systems.--Subject to paragraph (3), if, 
        upon completion of the study conducted under subsection (a), 
        the Secretary, acting through the Administrator, determines 
        that the installation of an effective satellite-based train 
        control system referred to in subsection (a) could not be 
        accomplished practicably by January 1, 2001, the Secretary 
        shall promulgate regulations to require, as soon as practicable 
        after the date of promulgation of the regulations, the use of 
        automated train control technology that is available on that 
        date.
            (2) Regulations to cover practicability of satellite-based 
        train control systems.--
                    (A) In general.--Subject to paragraph (3), if upon 
                completion of the study conducted under subsection (a), 
                the Secretary, acting through the Administrator, 
                determines that the installation of an effective 
                satellite-based train control system referred to in 
                subsection (a) could be accomplished practicably by 
                January 1, 2001, the Secretary, in consultation with 
                the Administrator, shall promulgate regulations to 
                require, as soon as practicable after the date of 
                promulgation of the regulations, the use of automated 
                train control technology that is available on that 
                date.
                    (B) Waivers.--If the appropriate official of a 
                railroad system establishes, to the satisfaction of the 
                Secretary, and in a manner specified by the Secretary, 
                that the railroad system will have in operation a 
                satellite-based train control system by January 1, 
                2001, the Secretary shall issue a waiver for that 
                railroad system to waive the application of the 
                regulations promulgated under subparagraph (A) for that 
                railroad system, subject to terms and conditions 
                established by the Secretary.
            (3) Conditions.--In promulgating regulations under this 
        subsection, the Secretary, in consultation with the 
        Administrator, shall provide for any exceptions or conditions 
        that the Secretary, in consultation with the Administrator, 
        determines to be necessary.
            (4) Monitoring.--
                    (A) In general.--If the Secretary issues a waiver 
                for a railroad system under paragraph (2)(B), the 
                railroad system shall, during the period that the 
                waiver is in effect, provide such information to the 
                Secretary as the Secretary, acting through the 
                Administrator, determines to be necessary to monitor 
                the compliance of the railroad system with the 
                conditions of the waiver, including information 
                concerning the progress of the railroad system in 
                achieving an operational satellite-based train control 
                system.
                    (B) Revocation of waivers.--If, at any time during 
                the period that a waiver issued under paragraph (2)(B) 
                is in effect, the Secretary determines that the 
                railroad system issued the waiver is not meeting the 
                terms or conditions of the waiver, or is not likely to 
                have in operation a satellite-based train control 
                system by January 1, 2001, the Secretary shall revoke 
                the waiver.

SEC. 5. AUTOMATIC TRAIN ESCAPE DEVICE STUDY.

    (a) Study.--Not later than 1 year after the date of enactment of 
this Act, the Secretary, acting through the Administrator, shall 
conduct a study of the technical, structural, and economic feasibility 
of automatic train escape devices.
    (b) Report.--Upon completion of the study conducted under this 
section, the Secretary, acting through the Administrator, shall--
            (1) prepare a report that contains the findings of the 
        study; and
            (2) submit a copy of the report to the appropriate 
        committees of the Congress.
    (c) Regulations.--If, by the date specified in subsection (a), the 
Secretary makes a determination (on the basis of the findings of the 
study) that automatic train escape devices should be required on rail 
passenger trains, the Secretary, in consultation with the 
Administrator, shall, not later than 180 days after such date, 
promulgate regulations to require automatic train escape devices on 
rail passenger trains as soon as practicable after the date of 
promulgation of the regulations.

SEC. 6. LOCOMOTIVE FUEL TANKS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, in consultation with the 
Administrator, shall establish, by regulation, minimum safety standards 
for fuel tanks of locomotives of rail passenger trains that take into 
consideration environmental protection and public safety.
    (b) Applicability.--The Secretary, in consultation with the 
Administrator, may limit the applicability of the regulations 
promulgated under subsection (a) to new locomotives (as defined by the 
Secretary, in consultation with the Administrator) if the Secretary 
determines that the limitation is appropriate.

SEC. 7. PASSENGER CAR CRASH-WORTHINESS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Administrator, 
shall determine whether to promulgate regulations, for the purpose of 
protecting public safety, to--
            (1) require crash posts at the corners of rail passenger 
        cars;
            (2) require safety locomotives on rail passenger trains;
            (3) establish minimum crash-worthiness standards for 
        passenger cab cars; or
            (4) carry out any combination of paragraphs (1) through 
        (3).
    (b) Regulations.--If, the Secretary, acting through the 
Administrator, determines that promulgating any of the regulations 
referred to in subsection (a) are necessary to protect public safety, 
the Secretary, in consultation with the Administrator, shall, not later 
than 180 days after such date, promulgate such regulations in final 
form, to take effect as soon as practicable after the date of 
promulgation of the regulations.
    (c) Report.--If the Secretary determines under subsection (a) that 
taking any action referred to in paragraphs (1) through (3) of such 
subsection is not necessary to protect public safety, not later than 
the date of the determination, the Secretary shall submit a report to 
the appropriate committees of the Congress that provides the reasons 
for the determination.

SEC. 8. SIGNAL PLACEMENT.

    (a) Study.--Not later than 1 year after the date of enactment of 
this Act, the Secretary, acting through the Administrator, shall 
conduct a study of the placement of rail signals along railways. In 
conducting the study, the Secretary, acting through the Administrator, 
shall determine whether regulations should be promulgated to require--
            (1) that a signal be placed along a railway at each exit of 
        a rail station; and
            (2) if practicable, that a signal be placed so that it is 
        visible only to the train employee of a train that the signal 
        is designed to influence.
    (b) Regulations.--If, upon completion of the study conducted under 
subsection (a), the Secretary determines that the regulations referred 
to in that subsection are necessary for the protection of public 
safety, the Secretary shall, not later than 180 days after the 
completion of the study, promulgate those regulations.
    (c) Report.--If, upon completion of the study conducted under 
subsection (a), the Secretary determines that promulgating any of the 
regulations referred to in subsection (a) is not necessary for the 
protection of public safety, not later than the date of completion of 
the study, the Secretary shall submit a report to the appropriate 
committees of the Congress that provides the reasons for that 
determination.
                                 <all>