[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6973 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6973

To require rail carriers to develop positive rail control system plans 
 for improving railroad safety and to increase the civil penalties for 
                      railroad safety violations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2008

 Mr. Schiff (for himself, Mr. Waxman, Mr. Gallegly, Mr. Sherman, Mrs. 
Napolitano, Mrs. Capps, and Mr. Berman) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
To require rail carriers to develop positive rail control system plans 
 for improving railroad safety and to increase the civil penalties for 
                      railroad safety violations.

    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 Collision Prevention Act''.

SEC. 2. POSITIVE TRAIN CONTROL SYSTEMS.

    (a) Submission of Plan.--
            (1) In general.--Not later than 12 months after the date of 
        the enactment of this Act, each rail carrier that is a Class I 
        railroad, a rail carrier that has inadequate safety performance 
        (as determined by the Secretary), or a rail carrier that 
        provides intercity passenger or commuter rail passenger 
        transportation shall develop and submit to the Secretary a plan 
        for implementing a positive train control system by December 
        31, 2014.
            (2) Technical assistance.--The Secretary may provide 
        technical assistance and guidance to railroad carriers in 
        developing the plans required under this subsection.
    (b) Definitions.--In this section:
            (1) Positive train control system.--The term ``positive 
        train control system'' means a system designed to prevent 
        train-to-train collisions, overspeed derailments, incursions 
        into roadway worker work limits, and movement of a train 
        through a switch left in the wrong position.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (c) Contents of Plan.--The plans submitted under paragraph (1) 
shall include--
            (1) measurable goals, including a strategy and time line 
        for implementation of such systems;
            (2) a prioritization of how the systems will be 
        implemented, with particular emphasis on high-risk corridors 
        such as those that have significant movements of hazardous 
        materials or where commuter and intercity passenger railroads 
        operate;
            (3) identification of detailed steps the carriers will take 
        to implement the systems; and
            (4) any other element the Secretary considers appropriate.
    (d) Review and Approval.--
            (1) In general.--Not later than 90 days after the Secretary 
        receives a plan from a rail carrier under this section, the 
        Secretary shall--
                    (A) review the plan;
                    (B) notify the rail carrier that the plan has been 
                approved; or
                    (C) notify the affected railroad carrier of the 
                specific points in which the proposed plan is 
                deficient.
            (2) Correction of deficiencies.--A railroad carrier shall 
        correct all deficiencies of a plan submitted under this section 
        not later than 30 days after receiving written notice from the 
        Secretary of such deficiencies.
            (3) Compliance with plan.--Upon receiving notification from 
        the Secretary that a plan submitted under this section has been 
        approved, the rail carrier that submitted such plan shall 
        comply with goals, strategy, and time line contained in such 
        plan.
            (4) Annual review.--The Secretary shall conduct an annual 
        review to ensure that each rail carrier is complying with the 
        plan submitted by such rail carrier under this section.
    (e) Report.--Not later than December 31, 2011, the Secretary shall 
submit a report that describes the progress made by rail carriers in 
implementing positive train control systems to--
            (1) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (2) the Committee on Transportation and Infrastructure of 
        the House of Representatives.
    (f) Positive train control systems shall be implemented no later 
than December 31, 2012 in those areas determined by the Secretary of 
Transportation to have the highest safety risk due to shared track 
between commuter and freight rail.
    (g) Enforcement.--The Secretary is authorized to assess civil 
penalties pursuant to chapter 213 of title 49, United States Code, for 
a violation of this section, including the failure to submit, certify, 
or comply with a plan for implementing a positive train control system.

SEC. 3. CIVIL PENALTY INCREASES.

    (a) General Violations of Chapter 201.--Section 21301(a)(2) of 
title 49, United States Code, is amended--
            (1) by striking ``$10,000'' and inserting ``$25,000''; and
            (2) by striking ``$20,000'' and inserting ``$100,000''.
    (b) Accident and Incident Violations of Chapter 201; Violations of 
Chapters 203 Through 209.--Section 21302(a)(2) of such title is 
amended--
            (1) by striking ``$10,000'' and inserting ``$25,000''; and
            (2) by striking ``$20,000'' and inserting ``$100,000''.
    (c) Violations of Chapter 211.--Section 21303(a)(2) of such title 
is amended--
            (1) by striking ``$10,000'' and inserting ``$25,000''; and
            (2) by striking ``$20,000'' and inserting ``$100,000''.
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