[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1438 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1438

                      To improve railroad safety.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2007

  Mr. Schumer introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
                      To improve railroad safety.

    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 ``Railroad Crossing 
and Hazardous Materials Transport Safety Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                     TITLE I--RAIL CROSSING SAFETY

Sec. 101. Review of safety of highway-rail grade crossings.
Sec. 102. Study on alternative safety enforcement methods.
Sec. 103. Highway-rail grade crossing safety.
Sec. 104. Special Advisor for Highway-Rail Grade Crossing Safety.
Sec. 105. Employment of safety investigation personnel.
Sec. 106. Increased civil penalties for violations of requirements 
                            related to highway-rail grade crossing 
                            safety.
Sec. 107. Definition of highway-rail grade crossing.
Sec. 108. Safety enforcement grants.
Sec. 109. Infrastructure safety improvement grants.
Sec. 110. Rail station platform gap improvement and compliance grants.
Sec. 111. Authorization of appropriations.
            TITLE II--SAFE TRANSPORT OF HAZARDOUS MATERIALS

Sec. 201. Increased civil penalties for violations of rules regarding 
                            transportation of hazardous materials.
Sec. 202. Revocation of compliance orders.
Sec. 203. Safety inspections of railroad cars carrying hazardous 
                            materials.
Sec. 204. Requirement for railroad carriers to provide hazardous 
                            materials lists.
Sec. 205. Miscellaneous amendments to chapter 51 of title 49.
Sec. 206. Employment of hazardous materials inspectors.
Sec. 207. Authorization of appropriations.

                     TITLE I--RAIL CROSSING SAFETY

SEC. 101. REVIEW OF SAFETY OF HIGHWAY-RAIL GRADE CROSSINGS.

    (a) Review.--The Secretary of Transportation shall conduct a 
comprehensive review of the safety of all highway-rail grade crossings 
in the United States. The matters reviewed shall include security 
measures, safety conditions, past accidents, and possible safety 
improvements. In the conduct of the review, the Secretary shall 
determine whether it is advisable to close any of the highway-rail 
grade crossings.
    (b) Priority List.--Based on the information collected pursuant to 
subsection (a), the Secretary shall compile, maintain, and submit to 
Congress a list of the 5,000 highway-rail grade crossings that have the 
greatest need for safety improvements. The information considered shall 
include the population density near the highway-rail grade crossings 
and the number of accidents and incidents at crossings that are 
reported to the Federal Railway Administration.
    (c) Inclusion in Highway-Rail Grade Crossing Database.--The 
Secretary shall include the information collected under subsection (a) 
and the priority list submitted under subsection (b) in the national 
database on the safety of highway-rail grade crossings required under 
section 20154(a) of title 49, United States Code, as added by section 
103.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $100,000 to carry out this section.

SEC. 102. STUDY ON ALTERNATIVE SAFETY ENFORCEMENT METHODS.

    (a) Study.--The Secretary of Transportation shall conduct a study 
to determine the best methods for enforcing and encouraging compliance 
with laws related to highway-rail grade safety for railroads, motor 
vehicles, and pedestrians.
    (b) Report.--The Secretary shall submit a report to Congress that 
contains the results of the study conducted under subsection (a).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $100,000 to carry out this section.

SEC. 103. HIGHWAY-RAIL GRADE CROSSING SAFETY.

    (a) Highway-Rail Grade Crossing Safety.--Subchapter II of chapter 
201 of title 49, United States Code, is amended by adding at the end 
the following:
``Sec. 20154. Highway-rail grade crossing safety
    ``(a) Database of Highway-Rail Grade Crossing Safety Information.--
            ``(1) Requirement for database.--The Secretary of 
        Transportation shall maintain a national database of 
        information on the safety of highway-rail grade crossings in 
        the United States.
            ``(2) Accident and incident reports to be included.--The 
        Secretary shall include in the database under paragraph (1), 
        with other information on the safety of highway-rail grade 
        crossings, information from incident reports filed with the 
        Federal Railroad Administration regarding accidents and other 
        safety-related incidents that have occurred at highway-rail 
        grade crossings, including reports submitted under paragraph 
        (1) of subsection (c) and the results of investigations under 
        paragraph (2) of such subsection.
    ``(b) Investigations of Fatal Accidents.--The Secretary of 
Transportation shall conduct an investigation regarding the cause of 
each fatal accident that occurs at a highway-rail grade crossing.
    ``(c) Accident Reports.--The Secretary of Transportation shall 
prescribe regulations--
            ``(1) requiring that, not later than 7 days after being 
        involved in an accident at a highway-rail grade crossing, a 
        railroad carrier submit to the Administrator an accident report 
        on that accident as prescribed by the Federal Railroad 
        Administration Guide for Preparing Accident/Incident Reports; 
        and
            ``(2) subjecting the railroad carrier to a civil penalty of 
        $10,000 for each day that the railroad carrier fails to submit 
        such report after the due date.
    ``(d) Crossing Malfunction Reports.--The Secretary of 
Transportation shall prescribe regulations--
            ``(1) requiring that a railroad carrier submit to the 
        Administrator a Highway Rail-Grade Crossing Warning System 
        Report regarding an activation failure of a highway-rail grade 
        crossing warning system not later than 5 days after the 
        railroad carrier is on notice of such failure; and
            ``(2) subjecting the railroad carrier to a civil penalty of 
        $5,000 for each day that the railroad carrier fails to submit 
        such report after the due date.
    ``(e) Safety Improvements.--The Secretary of Transportation shall 
prescribe regulations for improving the safety, maintenance, and 
surveillance of highway-rail grade crossings, including regulations 
providing for--
            ``(1) the installation of surveillance cameras at crossings 
        at which 1 or more fatal accidents have occurred; and
            ``(2) a system of annual inspection of every crossing by a 
        State or Federal inspector to ensure that automated safety 
        systems are in working order, that there is no vegetation or 
        other obstruction blocking the view of crossing warning signs 
        at critical locations in approaches to crossings, and that 
        appropriate crossing warning signs and other safety measures 
        are in place.
    ``(f) Cooperation With Federal Railroad Administration.--
            ``(1) Identification of obstructive entities.--The 
        Secretary of Transportation shall--
                    ``(A) identify any public or private entity that 
                prevents the Administrator from making necessary safety 
                improvements at a highway-rail grade crossing included 
                on the priority list of dangerous crossings submitted 
                to Congress by the Secretary of Transportation under 
                section 101(b) of the Railroad Crossing and Hazardous 
                Materials Transport Safety Act of 2007;
                    ``(B) submit to the Secretary of Transportation--
                            ``(i) a list of the public and private 
                        entities identified pursuant to subparagraph 
                        (A); and
                            ``(ii) recommendations for withholding from 
                        such public entities funds in the amounts 
                        specified under paragraph (3) that are 
                        otherwise to be disbursed from the Highway 
                        Trust Fund during the fiscal year in which such 
                        determination is made; and
                            ``(iii) submit to the committees of 
                        Congress named in paragraph (2)--
                                    ``(I) a list of the public and 
                                private entities identified pursuant to 
                                subparagraph (A); and
                                    ``(II) a report on the 
                                recommendations made pursuant to 
                                subparagraph (B)(ii).
            ``(2) Congressional committees.--The committees of Congress 
        referred to in paragraph (1)(B) are--
                    ``(A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    ``(B) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                    ``(C) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    ``(D) the Committee on Financial Services of the 
                House of Representatives; and
                    ``(E) the Committee on Environment and Public Works 
                of the Senate.
            ``(3) Amounts to be withheld.--The amounts referred to in 
        paragraph (1)(B)(ii) are the percentages of the funds 
        apportioned to the State of the relevant public entity for 
        fiscal year 2006 under paragraphs (1), (3), and (4) of section 
        104(b) of title 23, United States Code, as follows:
                    ``(A) For fiscal year 2007, 2 percent.
                    ``(B) For fiscal year 2008, 4 percent.
                    ``(C) For fiscal year 2009, 6 percent.
                    ``(D) For fiscal year 2010, and each fiscal year 
                thereafter, 8 percent.
    ``(g) Defined Term.--In this section, the term `accident' means an 
impact between on-track railroad equipment and an automobile, bus, 
truck, motorcycle, bicycle, farm vehicle, or pedestrian.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 201 of title 49, United States Code, is amended by adding at 
the end the following:

``20154. Highway-rail grade crossing safety.''.

SEC. 104. SPECIAL ADVISOR FOR HIGHWAY-RAIL GRADE CROSSING SAFETY.

    Section 102 of title 49, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Special Advisor for Highway-Rail Grade Crossing Safety.--
            ``(1) Establishment.--There is a Special Advisor for 
        Highway-Rail Grade Crossing Safety in the office of the Under 
        Secretary of Transportation for Policy (referred to in this 
        subsection as the `Special Advisor'), who shall be appointed by 
        the Secretary of Transportation.
            ``(2) Duties.--The Special Advisor shall--
                    ``(A) develop and evaluate policies related to 
                improving nationally the safety of highway-rail grade 
                crossings;
                    ``(B) advise the Secretary of Transportation, the 
                Administrator of the Federal Highway Administration, 
                and Congress regarding the status of--
                            ``(i) efforts to improve the safety of 
                        highway-rail grade crossings;
                            ``(ii) pending investigations of accidents 
                        and other safety-related incidents that have 
                        occurred at highway-rail grade crossings; and
                            ``(iii) pending civil and criminal actions 
                        related to highway-rail grade crossing safety;
                    ``(C) evaluate the efforts of railroad carriers to 
                improve safety measures related to highway-rail grade 
                crossings;
                    ``(D) monitor actions taken by railroad carriers in 
                response to failures of highway-rail grade crossing 
                warning systems;
                    ``(E) monitor the progress of, and ensure the 
                expeditious completion of, Federal Railroad 
                Administration investigations of accidents and other 
                safety-related incidents that have occurred at highway-
                rail grade crossings;
                    ``(F) ensure that fair and adequate penalties are 
                imposed for safety violations related to highway-rail 
                grade crossings by--
                            ``(i) advising the Chief Counsel of the 
                        Federal Railroad Administration regarding 
                        penalty decisions;
                            ``(ii) submitting an annual report to 
                        Congress on penalties assessed for such 
                        violations, including information on the 
                        minimum and maximum possible fines, the initial 
                        fine recommendations, and the fines actually 
                        imposed; and
                            ``(iii) consulting with the Secretary of 
                        Transportation and the Attorney General to 
                        ensure that railroad carriers responsible for 
                        such violations are consistently fined fairly 
                        and in accordance with the law; and
                    ``(G) establish priorities and prescribe 
                regulations related to improving highway-rail grade 
                crossing safety.''.

SEC. 105. EMPLOYMENT OF SAFETY INVESTIGATION PERSONNEL.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Transportation shall employ 50 
grade crossing inspectors to conduct annual safety reviews, including 
reviews in connection with the comprehensive review required under 
section 101.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 106. INCREASED CIVIL PENALTIES FOR VIOLATIONS OF REQUIREMENTS 
              RELATED TO HIGHWAY-RAIL GRADE CROSSING SAFETY.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by section 103(a), is further amended by adding 
at the end the following:
``Sec. 20155. Civil penalties for violations of requirements related to 
              highway-rail grade crossing safety
    ``The Secretary of Transportation shall prescribe regulations that 
subject a railroad carrier that knowingly violates, or knowingly causes 
a violation of, a requirement related to highway-rail grade crossing 
safety that is applicable to such carrier under this subchapter--
            ``(1) to a civil penalty of not less than $1,000,000 and 
        not more than $20,000,000 if the violation involves gross 
        negligence and results in a fatal accident;
            ``(2) to a civil penalty of not less than $25,000 and not 
        more than $10,000,000 if the violation involves gross 
        negligence and does not result in a fatal accident; or
            ``(3) to a civil penalty of not less than $10,000 and not 
        more than $1,000,000 if the violation does not involve gross 
        negligence.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 201 of title 49, United States Code, as amended by section 
103(b), is further amended by adding at the end the following:

``20155. Civil penalties for violations of requirements related to 
                            highway-rail grade crossing safety.''.

SEC. 107. DEFINITION OF HIGHWAY-RAIL GRADE CROSSING.

    (a) In General.--In this Act, the term ``highway-rail grade 
crossing'' means any street or highway crossing over a line of railroad 
at grade.
    (b) Definition for Chapter 201 of Title 49.--Section 20102 of title 
49, United States Code, is amended--
            (1) in paragraph (1), by striking the period at the end and 
        inserting a semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) `highway-rail grade crossing' means any street or 
        highway crossing over a line of railroad at grade.''.
    (c) Repeal of Superseded Provision.--Section 20153(a) of such title 
is amended--
            (1) by striking paragraph (1); and
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (1) and (2), respectively.

SEC. 108. SAFETY ENFORCEMENT GRANTS.

    (a) Grants Authorized.--
            (1) In general.--The Secretary of Transportation may award 
        grants to State and local law enforcement agencies to support 
        the enforcement of traffic safety laws at highway-rail grade 
        crossings.
            (2) Maximum amount.--The Administrator may not award a 
        grant under this section in an amount in excess of $250,000.
    (b) Application.--
            (1) In general.--Each law enforcement agency desiring a 
        grant under this section shall submit an application to the 
        Administrator at such time, in such manner, and containing such 
        information as the Administrator may reasonably require.
            (2) Selection criteria.--In selecting grant recipients 
        under this section, the Administrator shall give priority to 
        law enforcement agencies within jurisdictions in which 
        accidents have occurred at highway-rail grade crossings.

SEC. 109. INFRASTRUCTURE SAFETY IMPROVEMENT GRANTS.

    (a) Grants Authorized.--
            (1) In general.--The Secretary of Transportation may award 
        grants to States and local governments for safety improvements 
        to rail infrastructure.
            (2) Maximum amount.--The Administrator may not award a 
        grant under this section in an amount in excess of $250,000.
    (b) Application.--
            (1) In general.--Each State or local government desiring a 
        grant under this section shall submit an application to the 
        Administrator at such time, in such manner, and containing such 
        information as the Administrator may reasonably require.
            (2) Selection criteria.--In selecting grant recipients 
        under this section, the Administrator shall give priority to 
        States and local governments within jurisdictions in which the 
        age and poor condition of the rail infrastructure causes 
        hazardous conditions.

SEC. 110. RAIL STATION PLATFORM GAP IMPROVEMENT AND COMPLIANCE GRANTS.

    (a) Grants Authorized.--The Secretary of Transportation is 
authorized to award grants to States and local transportation 
authorities to assist in complying with the requirements under the 
American with Disabilities Act (42 U.S.C. 12101 et seq.), including 
regulations issued pursuant to section 504 of such Act (42 U.S.C. 
12204).
    (b) Maximum Amount.--The Secretary may not award a grant under this 
section in an amount in excess of $5,000,000 per year.
    (c) Selection Criteria.--Grants under this section may be awarded 
to any public transportation authority whose rail selection platforms 
are not in compliance with the requirements under the American with 
Disabilities Act (42 U.S.C. 12101 et seq.).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 for each of the fiscal years 2008 through 2012 
for grants under this section.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    (a) Safety Improvements.--
            (1) In general.--There are authorized to be appropriated 
        $400,000,000 for each of the fiscal years 2007 through 2012, 
        for safety improvements, including the purchasing, 
        installation, and maintenance by the Secretary of 
        Transportation of safety equipment and devices, at highway-rail 
        grade crossings.
            (2) Priority list.--Not less than $100,000,000 of the 
        amount appropriate pursuant to paragraph (1) shall be made 
        available for such safety improvements at highway-rail grade 
        crossings that are included on the priority list of dangerous 
        crossings submitted to Congress under section 101(b).
    (b) Safety Enforcement Grants.--There are authorized to be 
appropriated $50,000,000 in each of the fiscal years 2007 through 2012 
to carry out section 108.
    (c) Infrastructure Safety Improvement Grants.--There are authorized 
to be appropriated $50,000,000 in each of the fiscal years 2007 through 
2012 to carry out section 109.

            TITLE II--SAFE TRANSPORT OF HAZARDOUS MATERIALS

SEC. 201. INCREASED CIVIL PENALTIES FOR VIOLATIONS OF RULES REGARDING 
              TRANSPORTATION OF HAZARDOUS MATERIALS.

    Section 5123(a) of title 49, United States Code, is amended--
            (1) in paragraph (1), by redesignating subparagraphs (A) 
        and (B) as clauses (i) and (ii), respectively;
            (2) by striking ``(1) A person'' and inserting ``(1)(A) 
        Except as provided in paragraph (2), a person'';
            (3) by redesignating paragraph (2) as subparagraph (B); and
            (4) by inserting after subparagraph (B), as redesignated by 
        paragraph (3), the following:
    ``(2) A railroad carrier that knowingly violates a regulation 
prescribed or order issued under this chapter shall be subject to a 
civil penalty--
            ``(A) of not less than $50,000 and not more than 
        $10,000,000 if the violation involved gross negligence and 
        resulted in a fatal accident;
            ``(B) of not less than $5,000 and not more than $2,500,000 
        if the violation involved gross negligence and did not result 
        in a fatal accident; or
            ``(C) of not less than $5,000 and not more than $50,000 if 
        the violation did not involve gross negligence.''.

SEC. 202. REVOCATION OF COMPLIANCE ORDERS.

    Chapter 51 of title 49, United States Code is amended by adding at 
the end the following:
``Sec. 5128. Revocation of compliance orders for certain railroad 
              carriers
    ``The Secretary of Transportation shall revoke any compliance order 
issued under this chapter if a railroad carrier commits a gross 
violation of such order that results in a derailment or other accident 
involving railroad cars transporting hazardous materials.''.

SEC. 203. SAFETY INSPECTIONS OF RAILROAD CARS CARRYING HAZARDOUS 
              MATERIALS.

    Chapter 51 of title 49, United States Code, as amended by section 
202, is further amended by adding at the end the following:
``Sec. 5129. Age limits for tank cars carrying hazardous materials
    ``(a) Newer Tank Cars.--A railroad car manufactured after the date 
of the enactment of this section may not be used to carry hazardous 
materials unless such car has passed a Federal safety inspection during 
the preceding 15 years.
    ``(b) Older Tank Cars.--A railroad car manufactured before the date 
of the enactment of this section may not be used to carry hazardous 
materials unless such car--
            ``(1) passes a Federal safety inspection not later than 1 
        year after such date; and
            ``(2) has passed a Federal safety inspection during the 
        preceding 15 years.
    ``(c) Date of Manufacture.--For purposes of this section, the date 
of manufacture of a railroad car is the date on which such car is first 
placed into service.''.

SEC. 204. REQUIREMENT FOR RAILROAD CARRIERS TO PROVIDE HAZARDOUS 
              MATERIALS LISTS.

    Chapter 51 of title 49, United States Code, as amended by sections 
202 and 203, is further amended by adding at the end the following:
``Sec. 5130. Requirement for railroad carriers to provide hazardous 
              materials lists
    ``(a) Authority To Request List.--A State homeland security 
coordinator may submit up to 12 requests per year to any rail carrier 
for a comprehensive list of all hazardous materials scheduled to be 
transported through such State by such rail carrier during any 6-month 
period.
    ``(b) Requirement To Provide List.--Not later than 30 days after 
receiving a request from a State homeland security coordinator under 
subsection (a), a railroad carrier shall submit the requested list to 
such coordinator.
    ``(c) Scope of Information.--A railroad carrier submitting a list 
under this section shall not be required to include on such list 
information relating to the specific times, locations, or amounts of 
shipments of hazardous materials.''.

SEC. 205. MISCELLANEOUS AMENDMENTS TO CHAPTER 51 OF TITLE 49.

    (a) Definition of Railroad Carrier.--Section 5102 of title 49, 
United States Code, is amended--
            (1) by redesignating paragraphs (11), (12), and (13), as 
        paragraphs (12), (13), and (14), respectively; and
            (2) by inserting after paragraph (10) the following:
            ``(11) `railroad carrier' has the meaning given that term 
        in section 20102 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 49 is amended by striking the item relating to 
section 5128 and inserting the following:

``5128. Revocation of compliance orders for certain railroad carriers.
``5129. Age limits for railroad cars carrying hazardous materials.
``5130. Requirement for railroad carriers to provide hazardous 
                            materials lists.
``5131. Authorization of appropriations.''.

SEC. 206. EMPLOYMENT OF HAZARDOUS MATERIALS INSPECTORS.

    Not later than 5 years after the date of the enactment of this Act, 
the Secretary of Transportation shall increase the number of hazardous 
materials inspectors employed by the Federal Railroad Administration by 
100 percent compared to the number of such inspectors employed on the 
date of the enactment of this Act.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.
                                 <all>