Text: H.R.2607 — 102nd Congress (1991-1992)All Information (Except Text)

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--H.R.2607--
H.R.2607
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
To authorize activities under the Federal Railroad Safety Act of 1970
for fiscal
years 1992 through 1994, 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 `Rail Safety Enforcement and Review Act'.
SEC. 2. ISSUANCE OF REGULATIONS.
 Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431)
 is amended--
 (1) in subsection (i)(1), by striking `such rules, regulations, orders,
 and standards as may be necessary' and inserting in lieu thereof `rules,
 regulations, orders, and standards';
 (2) in subsection (n)--
 (A) by striking `such rules, regulations, orders, and standards as may
 be necessary' and inserting in lieu thereof `rules, regulations, orders,
 and standards';
 (B) by striking `, including' and inserting in lieu thereof `on railroad
 bridges. At a minimum, the Secretary shall provide';
 (C) by striking `such as' and inserting in lieu thereof `including'; and
 (D) by striking `relating to instances when boats shall be used' and
 inserting in lieu thereof `for the use of boats when work is performed on
 bridges located over bodies of water';
 (3) in subsection (o)(1), by striking `such rules, regulations, orders,
 and standards as may be necessary' and inserting in lieu thereof `rules,
 regulations, orders, and standards'; and
 (4) in subsection (q), by striking `such rules, regulations, orders,
 and standards as may be necessary' and inserting in lieu thereof `rules,
 regulations, orders, and standards'.
SEC. 3. REMEDIAL ACTIONS.
 (a) REGULATIONS- The Secretary of Transportation (hereafter in this
 Act referred to as the `Secretary') shall issue regulations to require
 that any railroad notified by the Secretary that assessment of a civil
 penalty will be recommended for a failure to comply with a provision of
 the Federal railroad safety laws, as such term is defined in section 212(e)
 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 441(e)), or any rule,
 regulation, order, or standard issued under such provision, shall report
 to the Secretary, within 30 days after the end of the month in which such
 notification is received, actions taken to remedy that failure.
 (b) EXPLANATION OF DELAY- Regulations issued under subsection (a) shall
 provide that, if appropriate remedial actions cannot be taken by a railroad
 within such 30-day period, such railroad shall submit to the Secretary an
 explanation of the reasons for any delay.
 (c) SCHEDULE FOR REGULATIONS- The Secretary shall--
 (1) within 9 months after the date of enactment of this Act, issue a notice
 of proposed rulemaking for regulations to implement this section; and
 (2) within 2 years after the date of enactment of this Act, issue final
 regulations to implement this section.
SEC. 4. ENFORCEMENT.
 (a) MINIMUM AND MAXIMUM PENALTIES- (1) Section 209(b) of the Federal Railroad
 Safety Act of 1970 (45 U.S.C. 438(b)), section 6 of the Act of March 2, 1893,
 and section 4 of the Act of April 14, 1910 (45 U.S.C. 6 and 13; commonly
 referred to as the `Safety Appliance Acts'), section 7 of the Act of May 6,
 1910 (45 U.S.C. 43; commonly referred to as the `Accident Reports Act'),
 section 25(h) of the Interstate Commerce Act (49 U.S.C. App. 26; commonly
 referred to as the `Signal Inspection Act'), and section 9 of the Act of
 February 17, 1911 (45 U.S.C. 34; commonly referred to as the `Locomotive
 Inspection Act') are each amended by striking `$250' and inserting in lieu
 thereof `$500'.
 (2) Section 5(a)(1) of the Act of March 4, 1907 (45 U.S.C. 64a(a)(1);
 commonly referred to as the `Hours of Service Act') is amended by striking
 `penalty of up to $1,000 per violation, as the Secretary of Transportation
 deems reasonable,' and inserting in lieu thereof `civil penalty, as the
 Secretary of Transportation deems reasonable, in an amount not less than
 $500 nor more than $10,000, except that where a grossly negligent violation
 or a pattern of repeated violations has created an imminent hazard of death
 or injury to persons, or has caused death or injury, a penalty of not to
 exceed $20,000 may be assessed, and'.
 (3) Section 2 of the Act of May 6, 1910 (45 U.S.C. 39; commonly referred to
 as the `Accident Reports Act') is amended by striking `one hundred dollars'
 and inserting in lieu thereof `$500'.
 (4) Section 3711(c)(2) of title 31, United States Code, is amended by striking
 `$250' and inserting in lieu thereof `$500'.
 (b) REGIONAL ENFORCEMENT PILOT PROJECT- (1) The Secretary shall establish a
 pilot project in more than one region of the Federal Railroad Administration
 to demonstrate the benefits that may accrue to the Federal railroad safety
 program from assigning an attorney, who is a Federal employee within the
 Department of Transportation, to regional offices of the Federal Railroad
 Administration to perform initial case review, assess penalties, settle
 cases, and provide legal advice to Federal Railroad Administration regional
 personnel on enforcement and other issues, as compared to performing such
 functions at the headquarters level.
 (2) The pilot program shall be completed within 18 months after the date
 of enactment of this Act.
 (3) Within 2 years after the date of enactment of this Act, the Secretary
 shall submit a report to the Congress describing the results of the pilot
 program. Factors to be considered in the report shall include--
 (A) the speed, volume, and effectiveness of civil penalty actions;
 (B) the efficiency of the delivery of legal advice on safety issues;
 (C) the financial and other costs of assigning attorneys in each region;
 (D) the effects on uniformity of enforcement resulting from performing in
 the regions of the Federal Railroad Administration the functions described
 in paragraph (1); and
 (E) the advisability of assigning attorneys to some or all of the regions
 of the Federal Railroad Administration.
 (c) CONSIDERATIONS FOR COMPROMISE OF CIVIL PENALTIES- (1) Section 209(c)
 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 438(c)) is amended
 by inserting `In compromising a civil penalty assessed under this section,
 the Secretary shall take into account the nature, circumstances, extent,
 and gravity of the violation committed, and, with respect to the person found
 to have committed such violation, the degree of culpability, any history of
 prior or subsequent offenses, ability to pay, effect on ability to continue
 to do business, and such other matters as justice may require.' after
 `referral to the Attorney General.'.
 (2) Section 5(a)(1) of the Act of March 4, 1907 (45 U.S.C. 64a(a)(1); commonly
 referred to as the `Hours of Service Act') is amended by adding at the end
 the following sentence: `In compromising a civil penalty assessed under this
 section, the Secretary shall take into account the nature, circumstances,
 extent, and gravity of the violation committed, and, with respect to the
 person found to have committed such violation, the degree of culpability,
 any history of prior or subsequent offenses, ability to pay, effect on ability
 to continue to do business, and such other matters as justice may require.'.
 (3) Section 6 of the Act of March 2, 1893 (45 U.S.C. 6; commonly referred
 to as the `Safety Appliance Acts') is amended by adding at the end the
 following sentence: `In compromising a civil penalty assessed under this
 section, the Secretary shall take into account the nature, circumstances,
 extent, and gravity of the violation committed, and, with respect to the
 person found to have committed such violation, the degree of culpability,
 any history of prior or subsequent offenses, ability to pay, effect on ability
 to continue to do business, and such other matters as justice may require.'.
 (4) Section 4 of the Act of April 14, 1910 (45 U.S.C. 13; commonly referred
 to as the `Safety Appliance Acts') is amended by adding at the end the
 following sentence: `In compromising a civil penalty assessed under this
 section, the Secretary shall take into account the nature, circumstances,
 extent, and gravity of the violation committed, and, with respect to the
 person found to have committed such violation, the degree of culpability,
 any history of prior or subsequent offenses, ability to pay, effect on ability
 to continue to do business, and such other matters as justice may require.'.
 (5) Section 7 of the Act of May 6, 1910 (45 U.S.C. 43; commonly referred to
 as the `Accident Reports Act') is amended by adding at the end the following
 sentence: `In compromising a civil penalty assessed under this section,
 the Secretary shall take into account the nature, circumstances, extent,
 and gravity of the violation committed, and, with respect to the person
 found to have committed such violation, the degree of culpability, any
 history of prior or subsequent offenses, ability to pay, effect on ability
 to continue to do business, and such other matters as justice may require.'.
 (6) Section 25(h) of the Interstate Commerce Act (49 U.S.C. App. 26; commonly
 referred to as the `Signal Inspection Act') is amended by adding at the end
 the following sentence: `In compromising a civil penalty assessed under this
 section, the Secretary shall take into account the nature, circumstances,
 extent, and gravity of the violation committed, and, with respect to the
 person found to have committed such violation, the degree of culpability,
 any history of prior or subsequent offenses, ability to pay, effect on ability
 to continue to do business, and such other matters as justice may require.'.
 (7) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34; commonly referred
 to as the `Locomotive Inspection Act') is amended by adding at the end the
 following sentence: `In compromising a civil penalty assessed under this
 section, the Secretary shall take into account the nature, circumstances,
 extent, and gravity of the violation committed, and, with respect to the
 person found to have committed such violation, the degree of culpability,
 any history of prior or subsequent offenses, ability to pay, effect on ability
 to continue to do business, and such other matters as justice may require.'.
SEC. 5. REVIEW OF AGENCY ACTION.
 (a) IN GENERAL- (1) Section 202(f) of the Federal Railroad Safety Act of 1970
 (45 U.S.C. 431(f)) is amended to read as follows:
 `(f) Any final agency action taken by the Secretary under this title or
 under any of the other Federal railroad safety laws, as defined in section
 212(e) of this title, is subject to judicial review as provided in chapter
 7 of title 5, United States Code. Except as provided in section 203(e)
 of this title, any proceeding to review such final agency action shall
 be brought in the appropriate court of appeals as provided by and in the
 manner prescribed in chapter 158 of title 28, United States Code.'.
 (2) The amendment made by subsection (a) shall apply to final agency actions
 of the Secretary whenever taken, except that the amendment shall not apply
 in a case where a civil action has been brought before the date of enactment
 of this Act.
 (b) FEDERAL RAILROAD SAFETY LAWS- Section 212(e) of the Federal Railroad
 Safety Act of 1970 (45 U.S.C. 441(e)) is amended by inserting `the Sanitary
 Food Transportation Act of 1990 (49 U.S.C. App. 2801 note),' before `and
 those laws transferred'.
 (c) TECHNICAL AMENDMENTS- (1) Section 2341(3)(B) of title 28, United States
 Code, is amended by inserting `or the Secretary of Transportation' after
 `Secretary of Agriculture'.
 (2) Section 2342 of title 28, United States Code, is amended--
 (A) by striking `and' at the end of paragraph (5);
 (B) by striking the period at the end of paragraph (6) and inserting in
 lieu thereof `; and'; and
 (C) by adding at the end the following new paragraph:
 `(7) all final agency actions described in section 202(f) of the Federal
 Railroad Safety Act of 1970.'.
SEC. 6. PROTECTION OF RAILROAD SAFETY ENFORCEMENT PERSONNEL.
 Section 1114 of title 18, United States Code, is amended by inserting
 `any officer or employee of the Federal Railroad Administration assigned
 to perform investigative, inspection, or law enforcement functions,'
 after `any employee of the Coast Guard assigned to perform investigative,
 inspection or law enforcement functions,'.
SEC. 7. POWER BRAKE SAFETY.
 Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431)
 is amended by adding at the end the following new subsection:
 `(r) POWER BRAKE SAFETY- (1) The Secretary shall conduct a review of the
 Department of Transportation's rules with respect to railroad power brakes,
 and, not later than December 31, 1993, shall revise such rules based on
 such safety data as may be presented during that review.
 `(2) In carrying out paragraph (1), the Secretary shall, where applicable,
 prescribe standards regarding dynamic braking equipment.
 `(3)(A) The Secretary shall require 2-way end of train devices (or devices
 able to perform the same function) on road trains other than locals, road
 switchers, or work trains to enable the initiation of emergency braking
 from the rear of a train. The Secretary shall promulgate rules as soon as
 possible, but not later than December 31, 1993, requiring such 2-way end
 of train devices. Such rules shall, at a minimum--
 `(i) set standards for such devices based on performance;
 `(ii) prohibit any railroad, on or after the date that is one year after
 promulgation of such rules, from acquiring any end of train device for use on
 trains which is not a 2-way device meeting the standards set under clause (i);
 `(iii) require that such trains be equipped with 2-way end of train devices
 meeting such standards not later than 4 years after promulgation of such
 rules; and
 `(iv) provide that any 2-way end of train device acquired for use on trains
 before such promulgation shall be deemed to meet such standards.
 `(B) The Secretary may consider petitions to amend the rules promulgated
 under subparagraph (A) to allow the use of alternative technologies which
 meet the same basic performance requirements established by such rules.
 `(C) In developing the rules required by subparagraph (A), the Secretary
 shall consider data presented under paragraph (1).
 `(4) The Secretary may exclude from the rules required by paragraphs (1),
 (2), and (3) any category of trains or rail operations if the Secretary
 determines that such an exclusion is in the public interest and is consistent
 with railroad safety. The Secretary shall make public the reasons for
 granting any such exclusion. The Secretary shall at a minimum exclude from
 the requirements of paragraph (3)--
 `(A) trains that have manned cabooses;
 `(B) passenger trains with emergency brakes;
 `(C) trains that operate exclusively on track that is not part of the
 general railroad system;
 `(D) trains that do not exceed 30 miles per hour and do not operate on heavy
 grades, except for any categories of such trains specifically designated
 by the Secretary; and
 `(E) trains that operate in a push mode.'.
SEC. 8. TRACK SAFETY.
 Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431), as
 amended by this Act, is further amended by adding at the end the following
 new subsection:
 `(s) TRACK SAFETY- (1) The Secretary shall, within 6 months after the date
 of enactment of this subsection, initiate a review of the Department of
 Transportation's standards relating to track safety. Within 2 years after
 the date of enactment of this subsection, the Secretary shall issue rules,
 regulations, orders, or standards to revise such track safety standards,
 considering such safety data as may be presented during that review and
 the General Accounting Office report submitted under paragraph (3).
 `(2) The review required under paragraph (1) shall, at a minimum, include--
 `(A) an evaluation of procedures associated with maintaining and installing
 continuous welded rail and its attendant structure;
 `(B) an evaluation of the need for revisions to rules with respect to track
 subject to exception from track safety standards; and
 `(C) an evaluation of employee safety.
 `(3) The General Accounting Office shall conduct a study of the effectiveness
 of the Secretary's enforcement of track safety standards, with particular
 attention to recent relevant railroad accident experience and data. Within one
 year after the date of enactment of this subsection, the General Accounting
 Office shall submit to the Secretary and Congress a report on the results
 of such study, together with recommendations for improving such enforcement.'.
SEC. 9. APPLICABILITY OF RULES, REGULATIONS, ORDERS, AND STANDARDS.
 (a) AMENDMENT- (1) Section 209(a) of the Federal Railroad Safety Act of
 1970 (45 U.S.C. 438(a)) is amended by striking the parenthetical clause and
 inserting in lieu thereof the following: `(including but not limited to a
 railroad; any manager, supervisor, official, or other employee or agent of a
 railroad; any owner, manufacturer, lessor, or lessee of railroad equipment,
 track, or facilities; any independent contractor providing goods or services
 to a railroad; and any employee of such owner, manufacturer, lessor, lessee,
 or independent contractor)'.
 (2) Section 5(a)(1) of the Act of March 4, 1907 (45 U.S.C. 64a(a)(1);
 commonly referred to as the `Hours of Service Act') is amended by striking
 the parenthetical clause and inserting in lieu thereof the following:
 `(including but not limited to a railroad; any manager, supervisor, official,
 or other employee or agent of a railroad; any owner, manufacturer, lessor,
 or lessee of railroad equipment, track, or facilities; any independent
 contractor providing goods or services to a railroad; and any employee of
 such owner, manufacturer, lessor, lessee, or independent contractor)'.
 (3) Section 6 of the Act of March 2, 1893 (45 U.S.C. 6; commonly
 referred to as the `Safety Appliance Acts') is amended by striking the
 first parenthetical clause and inserting in lieu thereof the following:
 `(including but not limited to a railroad; any manager, supervisor, official,
 or other employee or agent of a railroad; any owner, manufacturer, lessor,
 or lessee of railroad equipment, track, or facilities; any independent
 contractor providing goods or services to a railroad; and any employee of
 such owner, manufacturer, lessor, lessee, or independent contractor)'.
 (4) Section 3 of the Act of March 2, 1903 (45 U.S.C. 10; commonly referred
 to as the `Safety Appliance Acts') is amended by striking the parenthetical
 clause and inserting in lieu thereof the following: `(including but not
 limited to a railroad; any manager, supervisor, official, or other employee or
 agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad
 equipment, track, or facilities; any independent contractor providing goods
 or services to a railroad; and any employee of such owner, manufacturer,
 lessor, lessee, or independent contractor)'.
 (5) Section 4 of the Act of April 14, 1910 (45 U.S.C. 13; commonly
 referred to as the `Safety Appliance Acts') is amended by striking the
 first parenthetical clause and inserting in lieu thereof the following:
 `(including but not limited to a railroad; any manager, supervisor, official,
 or other employee or agent of a railroad; any owner, manufacturer, lessor,
 or lessee of railroad equipment, track, or facilities; any independent
 contractor providing goods or services to a railroad; and any employee of
 such owner, manufacturer, lessor, lessee, or independent contractor)'.
 (6) Section 7 of the Act of May 6, 1910 (45 U.S.C. 43; commonly referred to as
 the `Accident Reports Act') is amended by striking the first parenthetical
 clause and inserting in lieu thereof the following: `(including but not
 limited to a railroad; any manager, supervisor, official, or other employee or
 agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad
 equipment, track, or facilities; any independent contractor providing goods
 or services to a railroad; and any employee of such owner, manufacturer,
 lessor, lessee, or independent contractor)'.
 (7) Section 25(h) of the Interstate Commerce Act (49 U.S.C. App. 26;
 commonly referred to as the `Signal Inspection Act') is amended by striking
 the first parenthetical clause and inserting in lieu thereof the following:
 `(including but not limited to a railroad; any manager, supervisor, official,
 or other employee or agent of a railroad; any owner, manufacturer, lessor,
 or lessee of railroad equipment, track, or facilities; any independent
 contractor providing goods or services to a railroad; and any employee of
 such owner, manufacturer, lessor, lessee, or independent contractor)'.
 (8) Section 9 of the Act of February 17, 1911 (45 U.S.C. 34; commonly
 referred to as the `Locomotive Inspection Act') is amended by striking
 the first parenthetical clause and inserting in lieu thereof the following:
 `(including but not limited to a railroad; any manager, supervisor, official,
 or other employee or agent of a railroad; any owner, manufacturer, lessor,
 or lessee of railroad equipment, track, or facilities; any independent
 contractor providing goods or services to a railroad; and any employee of
 such owner, manufacturer, lessor, lessee, or independent contractor)'.
 (b) EFFECT ON OTHER LAW- Nothing in the amendment made by subsection (a)
 shall affect the authority or responsibilities of the Secretary of Labor
 under the Occupational Safety and Health Act of 1970.
SEC. 10. LOCOMOTIVE CRASHWORTHINESS AND WORKING CONDITIONS.
 Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431), as
 amended by this Act, is further amended by adding at the end the following
 new subsection:
 `(t) LOCOMOTIVE CRASHWORTHINESS AND WORKING CONDITIONS- (1) The Secretary
 shall, within 30 months after the date of enactment of this subsection,
 complete a rulemaking proceeding to consider prescribing regulations to
 improve the safety and working conditions of locomotive cabs. Such proceeding
 shall assess--
 `(A) the adequacy of Locomotive Crashworthiness Requirements Standard S-580,
 or any successor standard thereto, adopted by the Association of American
 Railroads in 1989, in improving the safety of locomotive cabs; and
 `(B) the extent to which environmental, sanitary, and other working
 conditions in locomotive cabs affect productivity, health, and the safe
 operation of locomotives.
 `(2) In support of the proceeding required under paragraph (1), the
 Secretary shall conduct research and analysis, including computer modeling
 and full-scale crash testing, as appropriate, to consider--
 `(A) the costs and benefits associated with equipping locomotives with--
 `(i) braced collision posts;
 `(ii) rollover protection devices;
 `(iii) deflection plates;
 `(iv) shatterproof windows;
 `(v) readily accessible crash refuges;
 `(vi) uniform sill heights;
 `(vii) anticlimbers, or other equipment designed to prevent overrides
 resulting from head-on locomotive collisions;
 `(viii) equipment to deter post-collision entry of flammable liquids into
 locomotive cabs;
 `(ix) any other devices intended to provide crash protection for occupants
 of locomotive cabs; and
 `(x) functioning and regularly maintained sanitary facilities; and
 `(B) the effects on train crews of the presence of asbestos in locomotive
 components.
 `(3) If on the basis of the proceeding required under paragraph (1) the
 Secretary determines not to prescribe regulations, the Secretary shall
 report to Congress on the reasons for that determination.'.
SEC. 11. RAILROAD RADIO COMMUNICATIONS.
 (a) SAFETY INQUIRY- The Secretary shall, within 18 months after the date of
 enactment of this Act and in consultation with the National Railroad Passenger
 Corporation, freight and commuter railroads, rail equipment manufacturers,
 and railroad employees, conduct a safety inquiry regarding the Department
 of Transportation's railroad radio standards and procedures. At a minimum,
 such inquiry shall include assessment of--
 (1) the advantages and disadvantages of requiring that every locomotive
 (and every caboose, where applicable) be equipped with a railroad voice
 communications system capable of permitting a person in the locomotive (or
 caboose) to engage in clear two-way communications with persons on following
 and leading trains and with train dispatchers located at railroad stations;
 (2) a requirement that replacement radios be made available at intermediate
 terminals;
 (3) the effectiveness of radios in ensuring timely emergency response;
 (4) the effect of interference and other disruptions of radio communications
 on safe railroad operation;
 (5) how advanced communications technologies such as digital radio can be
 implemented to best enhance the safety of railroad operations;
 (6) the status of advanced train control systems that are being developed, and
 the implications of such systems for effective railroad communications; and
 (7) the need for minimum Federal standards to ensure that such systems
 provide for positive train separation and are compatible nationwide.
 (b) REPORT TO CONGRESS- The Secretary shall submit to Congress within 4
 months after the completion of such inquiry a report on the results of the
 inquiry along with an identification of appropriate regulatory action and
 specific plans for taking such action.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
 Section 214(a) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 444(a))
 is amended to read as follows:
 `(a) There are authorized to be appropriated to carry out this Act not to
 exceed $54,352,000 for fiscal year 1992, $68,283,000 for fiscal year 1993,
 and $71,690,000 for fiscal year 1994. The Secretary is authorized to request,
 receive, and use payments from non-Federal sources for expenses incurred in
 training safety employees of private industry, State and local authorities,
 or other public authorities, other than State rail safety inspectors
 participating in training pursuant to section 206 of this title.'.
SEC. 13. TOTAL QUALITY MANAGEMENT IN SAFETY ASSESSMENTS.
 In all comprehensive, multidiscipline safety assessments of railroads, the
 conduct of which is initiated by the Secretary between the date of enactment
 of this Act and the end of fiscal year 1993, the Secretary shall evaluate
 the use and effectiveness of total quality management techniques, if any,
 on the safety practices of the railroad being assessed. The Secretary
 shall include findings and conclusions based on such evaluation in each
 such safety assessment report.
SEC. 14. LOCAL RAIL FREIGHT ASSISTANCE PROGRAM.
 Section 5(q) of the Department of Transportation Act (49 U.S.C. App. 1654(q))
 is amended--
 (1) by inserting `There are authorized to be appropriated to the Secretary
 for the purposes of this section not to exceed $16,000,000 for fiscal year
 1992, $25,000,000 for fiscal year 1993, and $30,000,000 for fiscal year
 1994.' after `fiscal year 1991.'; and
 (2) by striking `any period after September 30, 1991' and inserting in lieu
 thereof `any period after September 30, 1994'.
SEC. 15. PROCEDURE FOR DETERMINING ACCIDENT REPORTING THRESHOLD.
 (a) GENERAL RULE- In establishing or modifying a monetary damage threshold
 for the reporting of railroad accidents, the Secretary shall base damage
 cost calculations only on publicly available data--
 (1) obtained from the Bureau of Labor Statistics; or
 (2) otherwise obtained from an agency of the Federal Government which has
 been collected through objective, statistically sound survey methods or
 which has been previously subject to a public notice and comment process
 in a Federal agency proceeding.
 (b) EXCEPTION- If any data necessary for establishing or modifying a threshold
 described in subsection (a) is not available as provided in subsection (a)
 (1) or (2), the Secretary may use any other source to obtain such data, but
 the use of such data shall be subject to public notice and the opportunity
 for written comment.
 (c) EFFECTIVE DATE- This section shall apply only to the establishment or
 modification of a monetary damage threshold occurring after the date of
 enactment of this Act.
SEC. 16. REPORT ON THE SAFETY OF HAZARDOUS MATERIALS TRANSPORTATION BY RAIL.
 Within one year after the date of enactment of this Act, the Secretary
 shall report to the Committee on Commerce, Science, and Transportation
 of the Senate and the Committee on Energy and Commerce of the House of
 Representatives regarding issues presented by the transportation by rail
 of hazardous materials. The report shall include the following information:
 (1) For the years 1989, 1990, 1991, and, to the extent available, 1992,
 relevant data concerning each unintentional release of hazardous materials
 resulting from rail transportation accidents, including the location of
 each such release, the probable cause or causes of each such release,
 and the effects of each such release.
 (2) For the years 1989, 1990, 1991, and, to the extent available, 1992,
 a summary of relevant data concerning unintentional releases of hazardous
 materials resulting from rail transportation incidents.
 (3) A description of current regulations governing hazardous materials rail
 car placement (including buffer cars), and an evaluation of their adequacy
 in light of experience and emerging traffic and commodity patterns.
 (4) An assessment of regulations, rules, orders, or standards that address
 rail operations or procedures associated with carrying hazardous materials
 on rights-of-way having significant grades or high degrees of curvature.
 (5) An assessment of the effectiveness and associated costs of requiring
 deployment of wayside bearing failure detectors for trains carrying hazardous
 materials.
 (6) An assessment of rail tank car rules, regulations, orders, or standards
 affecting hazardous materials transportation.
 (7) The status of all planned or pending regulatory activities of the
 Secretary (including the status of all regulations required by statute)
 that seek to address the safe transportation of hazardous materials by rail,
 and the status of rail hazardous materials enforcement activities.
 (8) Such other information as the Secretary determines relevant to the safe
 transportation of hazardous materials by rail.
SEC. 17. REPORT ON TRAIN DISPATCHING OFFICES.
 Not later than 18 months after the date of enactment of this Act, the
 Secretary shall transmit to the Committee on Commerce, Science, and
 Transportation of the Senate and the Committee on Energy and Commerce of
 the House of Representatives a report concerning any action that has been
 taken by the Secretary and the railroad industry to rectify any continuing
 problems associated with unsatisfactory workplace environments in certain
 train dispatching offices identified in the National Train Dispatcher Safety
 Assessment for 1987-1988, published by the Federal Railroad Administration
 in July 1990. The report shall include recommendations for legislative or
 regulatory action to ameliorate any such problems that affect safety in
 train operations.
SEC. 18. NORTHEAST CORRIDOR SAFETY COMMITTEE.
 (a) MEETINGS- Section 11(c) of the Rail Safety Improvement Act of 1988
 (45 U.S.C. 431 note) is amended to read as follows:
 `(c) The Northeast Corridor Safety Committee shall meet at least once
 every 2 years to consider matters involving safety on the main line of the
 Northeast Corridor.'.
 (b) REPORT- Section 11(d) of the Rail Safety Improvement Act of 1988 (45
 U.S.C. 431 note) is amended--
 (1) by striking `Within one year after the date of enactment of this Act'
 and inserting in lieu thereof `At the beginning of the first session of
 the 103rd Congress, and biennially thereafter,'; and
 (2) by adding at the end the following new sentence: `The report shall contain
 the safety recommendations of the Northeast Corridor Safety Committee and
 the comments of the Secretary on those recommendations.'.
 (c) TERMINATION DATE- Section 11 of the Rail Safety Improvement Act of
 1988 (45 U.S.C. 431 note) is amended by adding at the end the following
 new subsection:
 `(e) The Northeast Corridor Safety Committee shall cease to exist on January
 1, 1999, or on such date as the Secretary determines to be appropriate. The
 Secretary shall notify the Congress in writing of any such determination.'.
SEC. 19. AIRPORT LEASES.
 (a) FINDINGS- Congress finds that--
 (1) there are major airports served by an air carrier that has leased a
 substantial majority of the airport's gates;
 (2) the commerce in the region served by such a major airport can be
 disrupted if the air carrier that leases most of its gates enters bankruptcy
 and either discontinues or materially reduces service; and
 (3) it is important that such airports be empowered to continue service in
 the event of such a disruption.
 (b) BANKRUPTCY RULES REGARDING UNEXPIRED LEASES- Section 365(d) of title
 11, United States Code, is amended by adding at the end the following
 new paragraphs:
 `(5) Notwithstanding paragraphs (1) and (4) of this subsection, in a case
 under any chapter of this title, if the trustee does not assume or reject
 an unexpired lease of nonresidential real property under which the debtor
 is an affected air carrier that is the lessee of an aircraft terminal or
 aircraft gate before the occurrence of a termination event, then (unless the
 court orders the trustee to assume such unexpired leases within 5 days after
 the termination event), at the option of the airport operator, such lease
 is deemed rejected 5 days after the occurrence of a termination event and
 the trustee shall immediately surrender possession of the premises to the
 airport operator; except that the lease shall not be deemed to be rejected
 unless the airport operator first waives the right to damages related to
 the rejection. In the event that the lease is deemed to be rejected under
 this paragraph, the airport operator shall provide the affected air carrier
 adequate opportunity after the surrender of the premises to remove the
 fixtures and equipment installed by the affected air carrier.
 `(6) For the purpose of paragraph (5) of this subsection and paragraph
 (f)(1) of this section, the occurrence of a termination event means, with
 respect to a debtor which is an affected air carrier that is the lessee of
 an aircraft terminal or aircraft gate--
 `(A) the entry under section 301 or 302 of this title of an order for relief
 under chapter 7 of this title;
 `(B) the conversion of a case under any chapter of this title to a case
 under chapter 7 of this title; or
 `(C) the granting of relief from the stay provided under section 362(a) of
 this title with respect to aircraft, aircraft engines, propellers, appliances,
 or spare parts, as defined in section 101 of the Federal Aviation Act of
 1958 (49 App. U.S.C. 1301), except for property of the debtor found by the
 court not to be necessary to an effective reorganization.
 `(7) Any order entered by the court pursuant to paragraph (4) extending the
 period within which the trustee of an affected air carrier must assume or
 reject an unexpired lease of nonresidential real property shall be without
 prejudice to--
 `(A) the right of the trustee to seek further extensions within such
 additional time period granted by the court pursuant to paragraph (4); and
 `(B) the right of any lessor or any other party in interest to request, at
 any time, a shortening or termination of the period within which the trustee
 must assume or reject an unexpired lease of nonresidential real property.
 `(8) The burden of proof for establishing cause for an extension by an
 affected air carrier under paragraph (4) or the maintenance of a previously
 granted extension under paragraph (7) (A) and (B) shall at all times remain
 with the trustee.
 `(9) For purposes of determining cause under paragraph (7) with respect to an
 unexpired lease of nonresidential real property between the debtor that is an
 affected air carrier and an airport operator under which such debtor is the
 lessee of an airport terminal or an airport gate, the court shall consider,
 among other relevant factors, whether substantial harm will result to the
 airport operator or airline passengers as a result of the extension or the
 maintenance of a previously granted extension. In making the determination
 of substantial harm, the court shall consider, among other relevant factors,
 the level of actual use of the terminals or gates which are the subject of
 the lease, the public interest in actual use of such terminals or gates,
 the existence of competing demands for the use of such terminals or gates,
 the effect of the court's extension or termination of the period of time
 to assume or reject the lease on such debtor's ability to successfully
 reorganize under chapter 11 of this title, and whether the trustee of the
 affected air carrier is capable of continuing to comply with its obligations
 under section 365(d)(3) of this title.'.
 (c) PARTIAL ASSIGNMENTS OR ASSUMPTIONS OF LEASES- Section 365(c) of title
 11, United States Code, is amended--
 (1) by striking `or' at the end of paragraph (2);
 (2) by striking the period at the end of paragraph (3) and inserting in
 lieu thereof `; or'; and
 (3) by adding at the end the following new paragraph:
 `(4) such lease is of nonresidential real property under which the debtor is
 the lessee of an aircraft terminal or aircraft gate at an airport at which
 the debtor is the lessee under one or more additional nonresidential leases
 of an aircraft terminal or aircraft gate and the trustee, in connection with
 such assumption or assignment, does not assume all such leases or does not
 assume and assign all of such leases to the same person, except that the
 trustee may assume or assign less than all of such leases with the airport
 operator's written consent.'.
 (d) PROHIBITION OF LEASE ASSIGNMENTS AFTER TERMINATION EVENT- Section
 365(f)(1) of title 11, United States Code, is amended by striking the
 period at the end and inserting in lieu thereof the following: `; except
 that the trustee may not assign an unexpired lease of nonresidential real
 property under which the debtor is an affected air carrier that is the
 lessee of an aircraft terminal or aircraft gate if there has occurred a
 termination event.'.
 (e) AFFECTED AIR CARRIER DEFINED- Section 365 of title 11, United States
 Code, is amended by adding at the end the following new subsection:
 `(p) In this section, `affected air carrier' means an air carrier, as
 defined in section 101(3) of the Federal Aviation Act of 1958, that holds
 65 percent or more in number of the aircraft gates at an airport--
 `(1) which is a Large Air Traffic Hub as defined by the Federal Aviation
 Administration in Report FAA-AP 92-1, February 1992; and
 `(2) all of whose remaining aircraft gates are leased or under contract on
 the date of enactment of this subsection.'.
 (f) APPLICABILITY- The amendments made by this section shall be in effect
 for the 12-month period that begins on the date of enactment of this
 Act and shall apply in all proceedings involving an affected air carrier
 (as defined in section 365(p) of title 11, United States Code, as amended
 by this section) that are pending during such 12-month period. Not later
 than 9 months after the date of enactment, the Administrator of the Federal
 Aviation Administration shall report to the Committee on Commerce, Science,
 and Transportation and Committee on the Judiciary of the Senate and the
 Committee on the Judiciary and Committee on Public Works and Transportation
 of the House of Representatives on whether this section shall apply to
 proceedings that are commenced after such 12-month period.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.