Passenger Train Safety Act
This bill addresses passenger safety issues aboard trains.
Specifically, the bill
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6066 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6066
To require the Federal Railroad Administration and Amtrak to implement
and carry out certain National Transportation Safety Board
recommendations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2020
Mr. Heck (for himself, Mr. Kilmer, Mr. Larsen of Washington, and Mr.
Amodei) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To require the Federal Railroad Administration and Amtrak to implement
and carry out certain National Transportation Safety Board
recommendations, 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 ``Passenger Train Safety Act''.
SEC. 2. SAFETY IMPLEMENTATION REQUIREMENTS.
(a) Federal Railroad Administration Requirements.--Not later than
18 months after the date of enactment of this Act, the Administrator of
the Federal Railroad Administration shall carry out the following:
(1) Complete a study on how signage can be used to improve
safety in the rail industry that includes--
(A) a review of how signs used for other modes of
transportation may be effectively used in the rail
industry;
(B) a review of how signs used in the railroad
industry differ; and
(C) an analysis of whether a uniform system for
speed signs across the entire railroad industry would
benefit the railroad industry and improve safety.
(2) Reevaluate existing seat securement mechanisms and
their susceptibility to inadvertent rotation, to identify a
means to prevent the failure of these devices to maintain seat
securement.
(3) Conduct research to evaluate the causes of passenger
injuries in passenger railcar derailments and evaluate
potential methods for mitigating such injuries.
(4) For research specified by the National Transportation
Safety Board in safety recommendation R-16-35 that identifies
safety improvements, use the findings to develop occupant
protection standards for passenger railcars that will mitigate
passenger injuries likely to occur during derailments and
overturns.
(b) Requirements for Amtrak.--Not later than 18 months after the
date of enactment of this Act, Amtrak shall--
(1) ensure operating crewmembers demonstrate proficiency on
the physical characteristics of a territory by using all
resources available to them, including--
(A) in-cab instruments, signage, signals, and
landmarks;
(B) under daylight and nighttime conditions; and
(C) using observation rides, throttle time, and
written examinations;
(2) revise classroom and road training programs to ensure
that operating crews fully understand all locomotive operating
characteristics, alarms, and the appropriate response to
abnormal conditions;
(3) require that all engineers undergo simulator training
before operating new or unfamiliar equipment (at a minimum,
experience and respond properly to all alarms), and when
possible, undergo simulator training before operating in
revenue service in a new territory and experience normal and
abnormal conditions on that territory;
(4) implement a formal, systematic approach to developing
training and qualification programs to identify the most
effective strategies for preparing crewmembers to safely
operate new equipment on new territories;
(5) complete a comprehensive assessment of the territories
to ensure that necessary wayside signs and plaques are
identified, highly noticeable, and strategically located to
provide operating crews the information needed to safely
operate their trains;
(6) conduct training that specifies and reinforces how each
crewmember, including those who have not received their
certifications or qualifications, may be used as a resource to
assist in establishing and maintaining safe train operations;
(7) update the safety review process to ensure that all
operating documents are up to date and accurate before
initiating new or revised revenue operations;
(8) incorporate all prerevenue service planning,
construction, and route verification work into the scope of
your corporate-wide system safety plan, including your rules
and policies, risk assessment analyses, safety assurances, and
safety promotions;
(9) conduct risk assessments on all new or upgraded
services that occur on Amtrak-owned territory, host railroads,
or in States that own infrastructure over which you operate;
and
(10) develop policies for the safe use of child safety
seats to prevent uncontrolled or unexpected movements in
passenger trains and provide customers with guidance for
securing these child safety seats.
SEC. 3. INWARD- AND OUTWARD-FACING RECORDERS.
Section 20168 of title 49, United States Code, is amended--
(1) in subsection (c) by inserting ``or an inward- or
outward-facing audio recording device for compliance with the
requirements of subsection (l)'' before the period;
(2) by striking subsection (e) and inserting the following:
``(e) Audio Recorders.--Not later than 1 year after the date of the
Passenger Train Safety Act, the Secretary shall by regulation require
each railroad carrier that provides regularly scheduled intercity rail
passenger or commuter rail passenger transportation to the public to
install inward- and outward-facing audio recording devices in or on all
controlling locomotive cabs and cab car operating compartments on such
passenger trains.''; and
(3) in subsection (f)--
(A) by striking ``subsection (a)'' and inserting
``this section''; and
(B) by striking ``image'' and inserting ``image or
audio'';
(4) in subsection (g) by striking ``subsection (a)'' and
inserting ``this section'';
(5) in subsection (h)--
(A) by striking ``audio or'';
(B) by striking ``or transcript of oral
communications''; and
(C) by striking the second sentence;
(6) in subsection (j) by striking ``image'' and inserting
``image or audio'' each place it appears; and
(7) by adding at the end the following:
``(k) Limitation on Use of Recorded Information.-- The Secretary
may not use any information collected pursuant to this section in a
civil penalty or certificate action.
``(l) Audio Recording Requirements.--An audio recording device
required under this section shall--
``(1) operate continuously any time the controlling
locomotive cabs and cab car operating compartments is in
motion;
``(2) have crash and fire protections for any audio
recordings that are stored only within a controlling locomotive
cab or cab car operating compartment; and
``(3) encrypt all audio recorded by such device.
``(m) Review of Audio Recordings.--
``(1) Preservation of certain recordings.--For any audio
recorded pursuant to this section of an accident or incident
that is required to be reported to the National Transportation
Safety Board, the rail carrier holding such recording shall
preserve such recording according to the requirements of
subsection (g).
``(2) Exclusive review.--The National Transportation Safety
Board shall have the exclusive authority to--
``(A) decrypt, or provide a decryption key for, an
audio recording described in this section; and
``(B) except as provided for in subsection (n),
review an audio recording described in this section
prior to a public disclosure of such recording.
``(3) Public disclosure of audio.--Prior to any public
disclosure of an audio recorded under this section (as
otherwise provided for in law), the National Transportation
Safety Board shall--
``(A) remove all personally identifiable
information in such recording; and
``(B) ensure that the audio recording does not
contain any audio recorded earlier than 15 minutes
before the accident or incident required to be reported
to the Board.
``(n) Limited Use of Audio Recordings by Rail Carriers.--
``(1) In general.--Upon request of a rail carrier, the
National Transportation Safety Board may provide a decryption
key to such carrier for any audio recording recorded by such
carrier under this section, or provide a decrypted version of a
recording submitted to the Board under subsection (m), if the
Secretary certifies that the rail carrier and all collective
bargaining units representing employees of the carrier enter
into an agreement that contains the limitations specified in
paragraph (2).
``(2) Eligible use.--An agreement under paragraph (1) shall
require that--
``(A) the recording transmitted is used for
training purposes only; and
``(B) the recording is not used for employee
discipline or the enforcement of operating rules.''.
SEC. 4. PROHIBITION ON PROVISION OF CERTAIN NEW ROUTES.
Section 20157 of title 49, United States Code, is amended by adding
at the end the following:
``(m) Prohibition on Provision of Certain New Routes.--An entity
providing regularly scheduled intercity or commuter rail passenger
transportation may not begin service on any new route that is subject
to the requirements of this section unless a positive train control
system is fully implemented and operational on such route.''.
SEC. 5. SPEED LIMIT ACTION PLANS.
(a) Section 11406 of the FAST Act (Public Law 114-94) is amended--
(1) in subsection (a) by striking ``survey its entire
system'' and inserting ``survey its entire system and any other
infrastructure over which such railroad carrier operates'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following:
``(d) Periodic Reviews and Updates.--Each railroad carrier
described under subsection (a) shall--
``(1) annually review the speed limit action plans to
ensure the effectiveness of actions taken to enable warning and
enforcement of the maximum authorized speed for passenger
trains at each location identified under subsection (b)(1); and
``(2) not later than 90 days prior to implementing any
operational or territorial operating changes, such as
initiating new service or routes, submit to the Secretary a
revised action plan that addresses such operational or
territorial operating changes.''; and
(4) in subsection (c) by inserting ``or subsection (d)(2)''
after ``subsection (b)''.
SEC. 6. REPORT.
Not later than 18 months after the date of enactment of this Act,
the Federal Railroad Administration and Amtrak shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the progress of the
implementation of the safety recommendations described in section 3,
including a description of all completed elements of the
implementation.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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