,,ii #aadth ,,congress #ast ,session ,s4 #ajjf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #af1 #bjae ,mrs4 ,feinstein 7for herself1 ,mrs4 ,boxer1 ,mr4 ,blumenthal1 ,mr4 ,schumer1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to incentivize early adoption of positive train control1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,positive ,train ,control ,safety ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,implementation deadline4 ,sec4 #c4 ,transparency4 ,sec4 #d4 ,positive train control on high-hazard flammable trains4 ,sec4 #e4 ,coordination of spectrum4 ,sec4 #f4 ,confidential close call reporting systems4 ,sec4 #g4 ,commuter rail track inspections4 ,sec4 #h4 ,positive train control at grade crossings effectiveness study4 ,sec4 #i4 ,redundant signal protection4 #b4 ,implementation deadline ,section #bjaeg of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7h7 and 7i7 as subsections 7i7 and 7j71 respectively2 and 7#b7 by inserting after subsection 7g7 the following3 7h7 ,extension 7#a7 ,in general ,after transmitting the report under subsection 7d71 the ,secretary may extend the implementation deadline1 in #a-year increments1 upon application1 if the ,secretary-- 7,a7 determines that-- 7i7 full implementation will likely be infeasible due to circumstances beyond the control of the applicant1 including funding availability1 spectrum acquisition1 resource and technology availability1 and interoperability standards2 7ii7 the applicant has demonstrated good faith in its positive train control implementation2 and 7iii7 the applicant has presented a revised positive train control implementation plan indicating how it will fully implement positive train control as soon as feasible1 and not later than ,december #ca1 #bjah2 and 7,b7 has taken into consideration-- 7i7 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 #bcf4ajaa7;a77#d7 of title #di1 ,code of ,federal ,regulations2 and 7ii7 the risk of operational failure to the affected service areas and the applicant4 7#b7 ,application review ,not later than #abj days after the ,secretary receives an application under paragraph 7#a71 the ,secretary review and approve or disapprove the application4 7#c7 ,maximum extension ,the ,secretary may extend the implementation deadline for an applicant whose application is under review1 but may not extend the implementation deadline beyond ,june #cj1 #bjaf4 4 #c4 ,transparency ,section #bjaeg7;a7 of title #di1 ,united ,states ,code1 as amended by section #b1 is further amended by adding at the end the following3 7#c7 ,progress reports 7,a7 ,in general ,beginning #f months after the date of the enactment of the ,positive ,train ,control ,safety ,act1 and annually thereafter until its positive train control system is certified by the ,secretary under subsection 7h71 each ,class ,i railroad carrier1 and each entity providing regularly scheduled intercity or commuter rail passenger transportation1 required to submit a plan under paragraph 7#a7 shall submit a progress report to the ,secretary on the status of the plan4 7,b7 ,contents ,each progress report submitted under subparagraph 7,a7 shall include-- 7i7 a section describing-- 7,i7 the total number of positive train control components required2 7,,ii7 the number of such components that have been installed1 equipped1 or deployed2 7,,iii7 the number of components that remain to be installed1 equipped1 or deployed2 and 7,,iv7 an estimated completion date for full positive train control system completion2 7ii7 a section summarizing-- 7,i7 the number of employees requiring training under section #bcf4ajda of title #di1 ,code of ,federal ,regulations2 and 7,,ii7 the status of such training activities2 and 7iii7 a section summarizing the remaining challenges to full positive train control system implementation1 including-- 7,i7 testing issues2 7,,ii7 interoperability challenges2 and 7,,iii7 certification challenges4 7,c7 ,defined term ,in this paragraph1 the term component means a locomotive apparatus1 a wayside interface unit1 switches in non-signal positive train control territory1 a base station radio1 a wayside radio1 or a locomotive radio4 7,d7 ,public availability ,not later than #cj days after receiving a progress report under this paragraph1 the ,secretary shall make the report available on the website of the ,federal ,railroad ,administration4 4 #d4 ,positive train control on high-hazard flammable trains ,section #bjaeg7;a77#a7 of title #di1 ,united ,states ,code1 as amended by this ,act1 is further amended-- 7#a7 by striking ,not later than #ah months after the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh1 each and inserting ,each2 7#b7 in subparagraph 7,b7-- 7,a7 by striking parts and inserting sections2 and 7,b7 by striking transported2 and and inserting transported on or after ,december #ca1 #bjae22 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#d7 by inserting after subparagraph 7,b71 the following3 7,c7 its main line over which #bj or more tank cars loaded with petroleum crude oil1 ethanol1 or other ,class #c material 7as described in section #agb4aja of title #di1 ,code of ,federal ,regulations7 are transported2 and 4 #e4 ,coordination of spectrum 7a7 ,coordination of spectrum ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjafh4 ,electromagnetic spectrum ,not later than #abj days after the date of the enactment of the ,positive ,train ,control ,safety ,act1 the ,secretary of ,transportation1 in coordination with the ,chairman of the ,federal ,communications ,commission1 shall assess spectrum needs and availability for implementing positive train control systems 7as defined in section #bjaeg7;j774 ,in carrying out this section1 the ,secretary and the ,chairman may consult with external stakeholders4 4 7b7 ,clerical amendment ,the table of sections for chapter #bja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #bjafg the following3 #bjafh4 ,electromagnetic spectrum4 4 #f4 ,confidential close call reporting systems 7a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by section #f7;a71 is further amended by adding at the end the following3 #bjafi4 ,confidential close call reporting systems 7a7 ,rulemaking ,not later than #a year after the date of the enactment of the ,positive ,train ,control ,safety ,act1 the ,secretary shall promulgate regulations setting forth the requirements that an applicable railroad carrier shall follow in establishing a confidential close call reporting system program4 ,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 subsection1 including continuing the use of third parties for the collection of close call reports and distribution of close call data4 ,the ,secretary shall ensure that an applicable railroad carrier's employees receive protection under its program from any related ,federal ,railroad ,administration enforcement actions4 7b7 ,program development and oversight 7#a7 ,in general ,not later than #ahj days after the date on which final regulations are promulgated under subsection 7a71 an applicable railroad carrier shall develop and submit a proposed confidential close call reporting system program to the ,secretary for review and approval4 7#b7 ,contents ,the proposal submitted by a railroad carrier under paragraph 7#a7 shall-- 7,a7 a describe the core principles and values of its proposed program2 7,b7 explain the rights1 roles1 and responsibilities of program stakeholders2 7,c7 identify concerns and interests2 and 7,d7 describe how the program will operate4 7#c7 ,review 7,a7 ,in general ,the ,secretary shall review and approve or disapprove each proposed program within a reasonable amount of time4 ,if a proposed program is not approved1 the ,secretary shall notify the applicable railroad carrier in writing of the specific areas in which the proposed program is deficient4 ,the applicable railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice from the ,secretary4 7,b7 ,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 program4 7,c7 ,annual reviews ,the ,secretary shall conduct an annual review to ensure that each applicable railroad carrier is in compliance with its approved program4 7c7 ,in general ,not later than #b years after the date of the enactment of the ,positive ,train ,control ,safety ,act1 each applicable railroad carrier shall establish a confidential close call reporting system4 7d7 ,program elements ,each applicable railroad carrier shall-- 7#a7 provide a safe environment for its employees to report unsafe events and conditions2 7#b7 for unsafe events and conditions reported within the scope of a confidential close call reporting system1 ensure that its employees are protected from railroad carrier discipline2 7#c7 use information collected through the confidential close call reporting system to develop and implement targeted corrective actions1 as appropriate2 and 7#d7 use information collected by the system to supplement inspection data in identifying safety issues and emerging risks before they develop into accidents4 7e7 ,consensus 7#a7 ,in general ,each applicable railroad carrier shall consult with1 employ good faith with1 and use its best efforts to reach agreement with all of its directly affected employees1 including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier1 on the development and implementation of the proposed program4 7#b7 ,statements ,if an applicable railroad carrier and its directly affected employees1 including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier1 cannot reach consensus on the development and implementation of the proposed program1 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 reached4 ,the ,secretary shall consider such views during review of the proposed program under subsection 7b77#c77;,a74 7f7 ,voluntary program establishment ,any railroad carrier that is not an applicable railroad carrier may voluntarily establish a program under this section4 ,this section1 and any regulations promulgated under this section1 shall apply to a program that is voluntarily established4 7g7 ,use of data ,the ,secretary may use the confidential close call reporting data when-- 7#a7 implementing or updating the ,federal ,railroad ,administration's ,national ,inspection ,plan2 7#b7 performing focused inspections2 or 7#c7 developing agency rulemakings and guidance1 as appropriate4 7h7 ,defined term ,in this section1 the term applicable railroad carrier means a railroad carrier that-- 7#a7 is a ,class ,i railroad2 7#b7 has inadequate safety performance1 as determined by the ,secretary2 or 7#c7 provides intercity rail passenger or commuter rail passenger transportation4 7i7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary-- 7#a7 to implement this section2 and 7#b7 to support the nationwide implementation of confidential close call reporting system programs1 as the ,secretary determines appropriate4 4 7b7 ,clerical amendment ,the table of sections for chapter #bja of title #di1 ,united ,states ,code1 as amended by section #g7;b71 is further amended by adding at the end the following3 #bjafi4 ,confidential close call reporting systems4 4 #g4 ,commuter rail track inspections 7a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by sections #f and #g1 is further amended by adding at the end the following3 #bjagj4 ,commuter rail track inspections 7a7 ,in general ,when performing a required inspection under subpart ,f of part #bac of title #di1 ,code of ,federal ,regulations1 a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines 7as described in section #bac4bcc7;b77#c7 of title #di1 ,code of ,federal ,regulations7 shall-- 7#a7 at least once each #b weeks-- 7,a7 traverse each main line by vehicle2 or 7,b7 inspect each main line on foot2 and 7#b7 at least once each month1 traverse and inspect each siding by vehicle or by foot4 7b7 ,construction ,nothing in this section may be construed to limit the authority of the ,secretary to promulgate regulations or issue orders under any other law4 4 7b7 ,clerical amendment ,the table of sections for chapter #bja of title #di1 ,united ,states ,code1 as amended by sections #f and #g1 is further amended by adding at the end the following3 #bjagj4 ,commuter rail track inspections4 4 #h4 ,positive train control at grade crossings effectiveness study 7a7 ,in general ,the ,secretary of ,transportation1 in consultation with the ,administrator of the ,federal ,railroad ,administration1 shall conduct a study of the effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings4 7b7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to conduct the study described in subsection 7a74 #i4 ,redundant signal protection ,not later than #a year after the date of the enactment of the ,positive ,train ,control ,safety ,act1 the ,secretary of ,transportation shall promulgate such regulations as the ,secretary considers necessary to require that on-track safety programs1 as described in subpart ,c of part #bad of title #di1 ,code of ,federal ,regulations1 whenever practicable and consistent with other safety requirements and operational considerations1 include requiring implementation of redundant signal protection1 such as shunting1 for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection4