[Congressional Record Volume 155, Number 112 (Thursday, July 23, 2009)]
[Senate]
[Pages S8041-S8042]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for Ms. Mikulski (for herself, Mr. Cardin, and Mrs. 
        Murray)):
  S. 1506. A bill to authorize the Secretary of Transportation to 
establish national safety standards for transit agencies operating 
heavy rail on fixed guideway; to the Committee on Commerce, Science, 
and Transportation.
  Ms. MIKULSKI. Mr. President, today I introduce common sense 
legislation requiring the Secretary of the U.S. Department of 
Transportation to implement and enforce national safety standards for 
metro systems. Commuter rail systems like Maryland's MARC and the 
Virginia Railroad Express have Federal safety standards. Our metro 
systems must have them too. It is time for Congress to give the U.S. 
Department of Transportation this authority to keep commuters and train 
operators safe.
  Last month the nation's hearts and prayers went out to the families 
of the nine passengers killed including one Marylander and 52 injured 
in the tragic

[[Page S8042]]

crash involving two Washington Metropolitan Area Transit Authority, 
WMATA, Metrorail trains. Shortly after this horrible accident, the 
Members of the Maryland and Virginia Congressional delegations and 
Congresswoman Eleanor Holmes Norton met with the National 
Transportation Safety Board, NTSB, to be briefed on their ongoing 
investigation into this crash. This is when I learned the NTSB had 
recommended that the Federal Transit Administration, FTA, establish 
Federal standards for metro systems but the FTA had not taken action. 
Apparently, the FTA doesn't think it has this authority. Well, my bill 
fixes that. It gives the FTA the green light to move forward with 
Federal safety standards.
  My bill directs the Secretary of Transportation to work with the NTSB 
to establish these new Federal standards. The bill also requires the 
Secretary to implement the NTSB's prior recommendations. These include 
safety standards relating to crashworthiness, emergency evacuation and 
event recorders of rail transit cars and hours of service for transit 
operators.
  The NTSB is still investigating the cause of last month's crash here 
in our nation's capital. It will take about one year to complete. 
Existing evidence points to malfunctions with WMATA's train control 
system. Federal safety standards may not have prevented these 
malfunctions, but they may have been able to save lives had FTA 
implemented and enforced crashworthiness and emergency evacuation 
standards for transit rail cars. We also would know a lot more about 
the cause of the crash had FTA required event recorders on transit rail 
cars, as required on airplanes. These are all recommendations the NTSB 
has made that have not been addressed by the FTA.
  More than 7 million people board rail transit cars every weekday in 
the U.S. Our metro systems must be safe. It is a no brainer that 
Congress provide the U.S. Department of Transportation with this 
authority.
  I am pleased to introduce this bill with Senators Cardin and Murray. 
I hope we can address this important safety issue quickly.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1506

       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 ``National Metro Safety Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Every weekday more than 7,000,000 people board rail 
     transit vehicles in the United States.
       (2) Despite the National Transportation Safety Board's 
     recommendations to the Federal Transit Administration to 
     establish and enforce Federal safety standards for transit 
     agencies operating heavy rail on fixed guideway, the Federal 
     Transit Administration has not taken action because of a 
     perceived absence of authority to establish such standards.
       (3) The Federal Transit Administration has not established 
     minimum Federal standards that govern the structural 
     crashworthiness of heavy rail passenger cars on fixed 
     guideway.
       (4) The National Transportation Safety Board concluded that 
     the failure to have minimum crashworthiness standards places 
     an unnecessary risk on passengers and crew.
       (5) The Federal Transit Administration does not have any 
     requirements that rail transit cars be equipped with means 
     for safe and rapid emergency responder entry and passenger 
     evacuation.
       (6) Although the installation of data recorders on rail 
     transit cars would help investigators determine the factors 
     contributing to crashes, the Federal Transit Administration 
     does not require such installation.
       (7) Although the National Transit Safety Board has 
     expressed concern that the hours of service practices of 
     transit agencies do not provide transit vehicle operators 
     with the opportunity to obtain adequate sleep to be fully 
     alert and to operate safely, the Federal Transit 
     Administration does not have hours of service regulations to 
     govern the practices of transit agencies.

     SEC. 3. NATIONAL RAIL TRANSIT SAFETY STANDARDS.

       (a) Establishment.--Notwithstanding section 5334(b)(1) of 
     title 49, United States Code, the Secretary of 
     Transportation, in consultation with the National 
     Transportation Safety Board shall, by regulation, develop, 
     implement, and enforce national safety standards for transit 
     agencies operating heavy rail on fixed guideway.
       (b) Inclusion of NTSB Recommendations.--The standards 
     established under subsection (a) shall include the standards 
     recommended to the Federal Transit Administration by the 
     National Transportation Safety Board related to 
     crashworthiness, emergency access and egress, event 
     recorders, and hours of service.
       (c) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary of Transportation shall 
     submit a report to Congress that describes the progress made 
     in establishing the standards described in subsection (a).
                                 ______