[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1006 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1006

To incentivize early adoption of positive train control, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 2015

 Mrs. Feinstein (for herself, Mrs. Boxer, Mr. Blumenthal, Mr. Schumer, 
  and Mrs. Gillibrand) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
To incentivize early adoption of positive train control, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Positive Train 
Control Safety Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Implementation deadline.
Sec. 3. Transparency.
Sec. 4. Positive train control on high-hazard flammable trains.
Sec. 5. Coordination of spectrum.
Sec. 6. Confidential close call reporting systems.
Sec. 7. Commuter rail track inspections.
Sec. 8. Positive train control at grade crossings effectiveness study.
Sec. 9. Redundant signal protection.

SEC. 2. IMPLEMENTATION DEADLINE.

    Section 20157 of title 49, United States Code, is amended--
            (1) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
            (2) by inserting after subsection (g) the following:
    ``(h) Extension.--
            ``(1) In general.--After transmitting the report under 
        subsection (d), the Secretary may extend the implementation 
        deadline, in 1-year increments, upon application, if the 
        Secretary--
                    ``(A) determines that--
                            ``(i) full implementation will likely be 
                        infeasible due to circumstances beyond the 
                        control of the applicant, including funding 
                        availability, spectrum acquisition, resource 
                        and technology availability, and 
                        interoperability standards;
                            ``(ii) the applicant has demonstrated good 
                        faith in its positive train control 
                        implementation; and
                            ``(iii) the applicant has presented a 
                        revised positive train control implementation 
                        plan indicating how it will fully implement 
                        positive train control as soon as feasible, and 
                        not later than December 31, 2018; and
                    ``(B) has taken into consideration--
                            ``(i) whether the affected areas of track 
                        have been identified as areas of greater risk 
                        to the public and railroad employees in the 
                        applicant's positive train control 
                        implementation plan under section 
                        236.1011(a)(4) of title 49, Code of Federal 
                        Regulations; and
                            ``(ii) the risk of operational failure to 
                        the affected service areas and the applicant.
            ``(2) Application review.--Not later than 120 days after 
        the Secretary receives an application under paragraph (1), the 
        Secretary review and approve or disapprove the application.
            ``(3) Maximum extension.--The Secretary may extend the 
        implementation deadline for an applicant whose application is 
        under review, but may not extend the implementation deadline 
        beyond June 30, 2016.''.

SEC. 3. TRANSPARENCY.

    Section 20157(a) of title 49, United States Code, as amended by 
section 2, is further amended by adding at the end the following:
            ``(3) Progress reports.--
                    ``(A) In general.--Beginning 6 months after the 
                date of the enactment of the Positive Train Control 
                Safety Act, and annually thereafter until its positive 
                train control system is certified by the Secretary 
                under subsection (h), each Class I railroad carrier, 
                and each entity providing regularly scheduled intercity 
                or commuter rail passenger transportation, required to 
                submit a plan under paragraph (1) shall submit a 
                progress report to the Secretary on the status of the 
                plan.
                    ``(B) Contents.--Each progress report submitted 
                under subparagraph (A) shall include--
                            ``(i) a section describing--
                                    ``(I) the total number of positive 
                                train control components required;
                                    ``(II) the number of such 
                                components that have been installed, 
                                equipped, or deployed;
                                    ``(III) the number of components 
                                that remain to be installed, equipped, 
                                or deployed; and
                                    ``(IV) an estimated completion date 
                                for full positive train control system 
                                completion;
                            ``(ii) a section summarizing--
                                    ``(I) the number of employees 
                                requiring training under section 
                                236.1041 of title 49, Code of Federal 
                                Regulations; and
                                    ``(II) the status of such training 
                                activities; and
                            ``(iii) a section summarizing the remaining 
                        challenges to full positive train control 
                        system implementation, including--
                                    ``(I) testing issues;
                                    ``(II) interoperability challenges; 
                                and
                                    ``(III) certification challenges.
                    ``(C) Defined term.--In this paragraph, the term 
                `component' means a locomotive apparatus, a wayside 
                interface unit, switches in non-signal positive train 
                control territory, a base station radio, a wayside 
                radio, or a locomotive radio.
                    ``(D) Public availability.--Not later than 30 days 
                after receiving a progress report under this paragraph, 
                the Secretary shall make the report available on the 
                website of the Federal Railroad Administration.''.

SEC. 4. POSITIVE TRAIN CONTROL ON HIGH-HAZARD FLAMMABLE TRAINS.

    Section 20157(a)(1) of title 49, United States Code, as amended by 
this Act, is further amended--
            (1) by striking ``Not later than 18 months after the date 
        of enactment of the Rail Safety Improvement Act of 2008, each'' 
        and inserting ``Each'';
            (2) in subparagraph (B)--
                    (A) by striking ``parts'' and inserting 
                ``sections''; and
                    (B) by striking ``transported; and'' and inserting 
                ``transported on or after December 31, 2015;'';
            (3) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (4) by inserting after subparagraph (B), the following:
                    ``(C) its main line over which 20 or more tank cars 
                loaded with petroleum crude oil, ethanol, or other 
                Class 3 material (as described in section 172.101 of 
                title 49, Code of Federal Regulations) are transported; 
                and''.

SEC. 5. COORDINATION OF SPECTRUM.

    (a) Coordination of Spectrum.--Subchapter II of chapter 201 of 
title 49, United States Code, is amended by adding at the end the 
following:
``Sec. 20168. Electromagnetic spectrum
    ``Not later than 120 days after the date of the enactment of the 
Positive Train Control Safety Act, the Secretary of Transportation, in 
coordination with the Chairman of the Federal Communications 
Commission, shall assess spectrum needs and availability for 
implementing positive train control systems (as defined in section 
20157(j)). In carrying out this section, the Secretary and the Chairman 
may consult with external stakeholders.''.
    (b) Clerical Amendment.--The table of sections for chapter 201 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 20167 the following:

``20168. Electromagnetic spectrum.''.

SEC. 6. CONFIDENTIAL CLOSE CALL REPORTING SYSTEMS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by section 6(a), is further amended by adding 
at the end the following:
``Sec. 20169. Confidential close call reporting systems
    ``(a) Rulemaking.--Not later than 1 year after the date of the 
enactment of the Positive Train Control Safety Act, the Secretary shall 
promulgate regulations setting forth the requirements that an 
applicable railroad carrier shall follow in establishing a confidential 
close call reporting system program. The Secretary may use any 
information and experience gathered through research and pilot programs 
on confidential close call reporting systems in developing regulations 
under this subsection, including continuing the use of third parties 
for the collection of close call reports and distribution of close call 
data. The Secretary shall ensure that an applicable railroad carrier's 
employees receive protection under its program from any related Federal 
Railroad Administration enforcement actions.
    ``(b) Program Development and Oversight.--
            ``(1) In general.--Not later than 180 days after the date 
        on which final regulations are promulgated under subsection 
        (a), an applicable railroad carrier shall develop and submit a 
        proposed confidential close call reporting system program to 
        the Secretary for review and approval.
            ``(2) Contents.--The proposal submitted by a railroad 
        carrier under paragraph (1) shall--
                    ``(A) a describe the core principles and values of 
                its proposed program;
                    ``(B) explain the rights, roles, and 
                responsibilities of program stakeholders;
                    ``(C) identify concerns and interests; and
                    ``(D) describe how the program will operate.
            ``(3) Review.--
                    ``(A) In general.--The Secretary shall review and 
                approve or disapprove each proposed program within a 
                reasonable amount of time. If a proposed program is not 
                approved, the Secretary shall notify the applicable 
                railroad carrier in writing of the specific areas in 
                which the proposed program is deficient. The applicable 
                railroad carrier shall correct all deficiencies within 
                a reasonable period of time following receipt of 
                written notice from the Secretary.
                    ``(B) Updates.--An applicable railroad carrier 
                shall update its program as needed and obtain the 
                Secretary's approval prior to making any major changes 
                to its program.
                    ``(C) Annual reviews.--The Secretary shall conduct 
                an annual review to ensure that each applicable 
                railroad carrier is in compliance with its approved 
                program.
    ``(c) In General.--Not later than 2 years after the date of the 
enactment of the Positive Train Control Safety Act, each applicable 
railroad carrier shall establish a confidential close call reporting 
system.
    ``(d) Program Elements.--Each applicable railroad carrier shall--
            ``(1) provide a safe environment for its employees to 
        report unsafe events and conditions;
            ``(2) for unsafe events and conditions reported within the 
        scope of a confidential close call reporting system, ensure 
        that its employees are protected from railroad carrier 
        discipline;
            ``(3) use information collected through the confidential 
        close call reporting system to develop and implement targeted 
        corrective actions, as appropriate; and
            ``(4) use information collected by the system to supplement 
        inspection data in identifying safety issues and emerging risks 
        before they develop into accidents.
    ``(e) Consensus.--
            ``(1) In general.--Each applicable railroad carrier shall 
        consult with, employ good faith with, and use its best efforts 
        to reach agreement with all of its directly affected employees, 
        including any nonprofit employee labor organization 
        representing a class or craft of directly affected employees of 
        the applicable railroad carrier, on the development and 
        implementation of the proposed program.
            ``(2) Statements.--If an applicable railroad carrier and 
        its directly affected employees, including any nonprofit 
        employee labor organization representing a class or craft of 
        directly affected employees of the applicable railroad carrier, 
        cannot reach consensus on the development and implementation of 
        the proposed program, then directly affected employees and such 
        organization may file a statement with the Secretary explaining 
        their views on the proposed program on which consensus was not 
        reached. The Secretary shall consider such views during review 
        of the proposed program under subsection (b)(3)(A).
    ``(f) Voluntary Program Establishment.--Any railroad carrier that 
is not an applicable railroad carrier may voluntarily establish a 
program under this section. This section, and any regulations 
promulgated under this section, shall apply to a program that is 
voluntarily established.
    ``(g) Use of Data.--The Secretary may use the confidential close 
call reporting data when--
            ``(1) implementing or updating the Federal Railroad 
        Administration's National Inspection Plan;
            ``(2) performing focused inspections; or
            ``(3) developing agency rulemakings and guidance, as 
        appropriate.
    ``(h) Defined Term.--In this section, the term `applicable railroad 
carrier' means a railroad carrier that--
            ``(1) is a Class I railroad;
            ``(2) has inadequate safety performance, as determined by 
        the Secretary; or
            ``(3) provides intercity rail passenger or commuter rail 
        passenger transportation.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary--
            ``(1) to implement this section; and
            ``(2) to support the nationwide implementation of 
        confidential close call reporting system programs, as the 
        Secretary determines appropriate.''.
    (b) Clerical Amendment.--The table of sections for chapter 201 of 
title 49, United States Code, as amended by section 7(b), is further 
amended by adding at the end the following:

``20169. Confidential close call reporting systems.''.

SEC. 7. COMMUTER RAIL TRACK INSPECTIONS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by sections 6 and 7, is further amended by 
adding at the end the following:
``Sec. 20170. Commuter rail track inspections
    ``(a) In General.--When performing a required inspection under 
subpart F of part 213 of title 49, Code of Federal Regulations, a 
railroad carrier providing commuter rail passenger transportation on 
high density commuter railroad lines (as described in section 
213.233(b)(3) of title 49, Code of Federal Regulations) shall--
            ``(1) at least once each 2 weeks--
                    ``(A) traverse each main line by vehicle; or
                    ``(B) inspect each main line on foot; and
            ``(2) at least once each month, traverse and inspect each 
        siding by vehicle or by foot.
    ``(b) Construction.--Nothing in this section may be construed to 
limit the authority of the Secretary to promulgate regulations or issue 
orders under any other law.''.
    (b) Clerical Amendment.--The table of sections for chapter 201 of 
title 49, United States Code, as amended by sections 6 and 7, is 
further amended by adding at the end the following:

``20170. Commuter rail track inspections.''.

SEC. 8. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS EFFECTIVENESS STUDY.

    (a) In General.--The Secretary of Transportation, in consultation 
with the Administrator of the Federal Railroad Administration, shall 
conduct a study of the effectiveness of positive train control and 
related technologies on reducing collisions at highway-rail grade 
crossings.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to conduct the study 
described in subsection (a).

SEC. 9. REDUNDANT SIGNAL PROTECTION.

    Not later than 1 year after the date of the enactment of the 
Positive Train Control Safety Act, the Secretary of Transportation 
shall promulgate such regulations as the Secretary considers necessary 
to require that on-track safety programs, as described in subpart C of 
part 214 of title 49, Code of Federal Regulations, whenever practicable 
and consistent with other safety requirements and operational 
considerations, include requiring implementation of redundant signal 
protection, such as shunting, for maintenance-of-way work crews who 
depend on a train dispatcher to provide signal protection.
                                 <all>