[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2858 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2858

To enhance rail safety and provide for the safe transport of hazardous 
                   materials, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2014

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

_______________________________________________________________________

                                 A BILL


 
To enhance rail safety and provide for the safe transport of hazardous 
                   materials, 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 ``Toxics by Rail Accountability and 
Community Knowledge (TRACK) Act of 2014''.

SEC. 2. CHEMICAL EXPOSURE RIGHT-TO-KNOW.

    (a) Definitions.--In this section:
            (1) Long-lasting or irreversible health consequences.--The 
        term ``long-lasting or irreversible health consequences'' means 
        those health consequences occurring at the exposure threshold 
        defined in the Acute Exposure Guideline Level AEGL-2 or AEGL-3, 
        as established by the National Advisory Committee on Acute 
        Exposure Guideline Levels for Hazardous Substances.
            (2) Post-accident public health assessment.--The term 
        ``post-accident public health assessment'' means a scientific 
        assessment of the impacts of a hazardous material release on 
        public health made by a qualified entity.
            (3) Qualified entity.--The term ``qualified entity'' means 
        a Federal, State, or other governmental entity responsible for 
        emergency response, public health, chemical safety or 
        transportation, or environmental protection.
    (b) Right-To-Know Protections.--Beginning 180 days after the date 
of the enactment of this Act, railroad carriers that are found to be at 
fault by an administrative, judicial, or investigatory process for an 
accident or incident during calendar year 2010 or later that led to an 
unintended release of hazardous materials shall periodically review any 
post-accident public health assessments regarding the extent to which 
individuals exposed to the hazardous material that was released could 
experience long-lasting or irreversible health consequences, and--
            (1) inform in a timely manner individuals exposed to the 
        hazardous material of any health information, including 
        information regarding long-lasting or irreversible health 
        consequences, included in such reports; and
            (2) offer to renegotiate any legal settlements made to 
        individuals impacted by a hazardous material release for which 
        additional information about the potential for long-lasting or 
        irreversible health consequences has been later disclosed in a 
        post-accident public health assessment.
    (c) Enforcement.--Any railroad carrier violating subsection (b)(2) 
or a regulation prescribed pursuant to such subsection shall be liable 
to the Federal Government for a civil penalty for each violation or for 
each day the violation continues, as follows:
            (1) For a railroad carrier that has annual carrier 
        operating revenues that meet the threshold amount for Class I 
        carriers as determined by the Surface Transportation Board 
        under section 1201.1-1 of title 49, Code of Federal 
        Regulations, the penalty shall be not less than $100,000 and 
        not more than $1,000,000.
            (2) For a railroad carrier that has annual carrier 
        operating revenues that meet the threshold amount for Class II 
        carriers as determined by the Surface Transportation Board 
        under section 1201.1-1 of title 49, Code of Federal 
        Regulations, the penalty shall be not less than $25,000 and not 
        more than $250,000.
            (3) For a railroad carrier that has annual carrier 
        operating revenues that meet the threshold amount for Class III 
        carriers as determined by the Surface Transportation Board 
        under section 1201.1-1 of title 49, Code of Federal 
        Regulations, the penalty shall be not less than $10,000 and not 
        more than $100,000.

SEC. 3. COMMODITY FLOW TRANSPARENCY.

    Not later than two years after the date of the enactment of this 
Act, the Secretary of Transportation shall prescribe regulations 
requiring a railroad carrier transporting a hazardous material to 
provide first responders, emergency response officials, and law 
enforcement personnel in the communities through which the hazardous 
material is transported with accurate and current commodity flow data 
and assist with development of emergency operations and response plans 
designed to protect public health and community safety in the event of 
a railroad accident or incident involving the hazardous material. In 
prescribing these regulations, the Secretary may consider which 
hazardous materials or classes of hazardous materials are most relevant 
to be included within commodity flow information based on factors 
including the volume of the hazardous material transported and the 
threat to public health and community safety posed by each hazardous 
material.

SEC. 4. MOVEABLE BRIDGE INSPECTION BEFORE TRAIN MOVEMENT.

    (a) Procedure Required.--Not later than 18 months after the date of 
the enactment of this Act, the Secretary of Transportation shall 
prescribe regulations establishing a procedure for a railroad carrier 
to permit a train to pass a red signal aspect protecting a moveable 
bridge.
    (b) Training and Qualifications.--
            (1) Training program.--The procedure established pursuant 
        to subsection (a) shall require a railroad carrier that 
        operates across a moveable bridge to have in place a program to 
        train and qualify employees of the carrier to determine whether 
        a train can safely travel across a moveable bridge when a 
        signal protecting the bridge is displaying a red signal aspect.
            (2) Required qualifications.--The railroad carrier shall 
        ensure that only an individual qualified under the railroad 
        carrier's training program is responsible for making a 
        determination regarding whether it is safe for a train to 
        travel across a moveable bridge when a signal protecting the 
        bridge is displaying a red signal aspect.
    (c) Enforcement.--Any railroad carrier violating this section or a 
regulation prescribed in this section shall be liable to the Federal 
Government for a civil penalty for each violation or for each day the 
violation continues, as follows:
            (1) For a railroad carrier that has annual carrier 
        operating revenues that meet the threshold amount for Class I 
        carriers as determined by the Surface Transportation Board 
        under section 1201.1-1 of title 49, Code of Federal 
        Regulations, the penalty shall be not less than $100,000 and 
        not more than $1,000,000.
            (2) For a railroad carrier that has annual carrier 
        operating revenues that meet the threshold amount for Class II 
        carriers as determined by the Surface Transportation Board 
        under section 1201.1-1 of title 49, Code of Federal 
        Regulations, the penalty shall be not less than $25,000 and not 
        more than $250,000.
            (3) For a railroad carrier that has annual carrier 
        operating revenues that meet the threshold amount for Class III 
        carriers as determined by the Surface Transportation Board 
        under section 1201.1-1 of title 49, Code of Federal 
        Regulations, the penalty shall be not less than $10,000 and not 
        more than $100,000.

SEC. 5. ROUTE RISK ASSESSMENT.

    (a) Route Risk Assessment Tools.--The Secretary of Transportation, 
in collaboration with the Secretary of Homeland Security and the 
American Short Line and Regional Railroad Association, shall develop a 
route risk assessment tool for the use of short line and regional 
railroad carriers that--
            (1) addresses any known limitations of the Rail Corridor 
        Risk Management Safety software tool for short line and 
        regional railroad carriers; and
            (2) allows for safety and security risk assessments to be 
        performed by short line and regional railroad carriers in 
        instances when alternative routes are not available.
    (b) Route Risk Assessment Audits.--The Secretary of Transportation, 
in collaboration with the Secretary of Homeland Security and the 
American Short Line and Regional Railroad Association, shall implement 
a program to conduct audits of short line and regional railroads to 
ensure that proper route risk assessments that identify safety and 
security vulnerabilities are being performed and are incorporated into 
a safety management system program.

SEC. 6. RAILROAD SAFETY RISK REDUCTION PROGRAM AMENDMENTS.

    (a) Safety Management Systems.--Section 20156(d)(1) of title 49, 
United States Code, is amended--
            (1) in subparagraph (A), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) the use of safety management systems and 
                their associated key principles, including top-down 
                ownership and policies, analysis of operational 
                incidents and accidents, and continuous evaluation and 
                improvement programs.''.
    (b) Sense of Congress.--It is the sense of Congress that, under the 
Railroad Safety Risk Reduction Program under section 20156 of title 49, 
United States Code, the Secretary of Transportation should include 
within the definition of ``a railroad carrier that has an inadequate 
safety performance'' any railroad carrier that is at fault for an 
incident, accident, or emergency involving hazardous materials that has 
led to a fatality or personal injury, an evacuation, or environmental 
damage within the last five years.

SEC. 7. FIRST RESPONDER RIGHT-TO-KNOW.

    (a) Real-Time Emergency Response Notification.--Not later than one 
year after the date of the enactment of this Act, the Secretary of 
Transportation shall prescribe regulations--
            (1) requiring a railroad carrier transporting a hazardous 
        material to have the capability to generate, maintain, 
        retrieve, and promptly deliver accurate and real-time consists 
        that include the identity and location of the hazardous 
        material on the train;
            (2) requiring a railroad carrier transporting a hazardous 
        material to provide such information promptly to first 
        responders, emergency response officials, and law enforcement 
        personnel in the event of an incident, accident, or emergency, 
        or as required by these entities to protect public health and 
        community safety; and
            (3) prohibiting a railroad carrier, employee, or agent from 
        withholding, or a railroad carrier from instructing its 
        employees or agents to withhold, a train consist or a real-time 
        train consist from first responders, emergency response 
        officials, and law enforcement personnel in the event of an 
        incident, accident, or emergency involving the transportation 
        of hazardous materials by railroad that threatens public health 
        or safety.
    (b) Emergency Response Standardization.--The Secretary of 
Transportation, in consultation with railroad carriers, shall ensure 
that emergency response information carried by train crews transporting 
hazardous materials is consistent with and is at least as protective as 
the emergency response guidance provided in the Emergency Response 
Guidebook issued by the Department of Transportation.
    (c) Enforcement.--Any railroad carrier violating subsection (a)(3) 
or a regulation prescribed under subsection (a)(3) shall be liable to 
the Federal Government for a civil penalty for each violation or each 
day the violation continues, as follows:
            (1) For a railroad carrier that has annual carrier 
        operating revenues that meet the threshold amount for Class I 
        carriers as determined by the Surface Transportation Board 
        under section 1201.1-1 of title 49, Code of Federal 
        Regulations, the penalty shall be not less than $100,000 and 
        not more than $1,000,000.
            (2) For a railroad carrier that has annual carrier 
        operating revenues that meet the threshold amount for Class II 
        carriers as determined by the Surface Transportation Board 
        under section 1201.1-1 of title 49, Code of Federal 
        Regulations, the penalty shall be not less than $25,000 and not 
        more than $250,000.
            (3) For a railroad carrier that has annual carrier 
        operating revenues that meet the threshold amount for Class III 
        carriers as determined by the Surface Transportation Board 
        under section 1201.1-1 of title 49, Code of Federal 
        Regulations, the penalty shall be not less than $10,000 and not 
        more than $100,000.

SEC. 8. PUBLIC EDUCATION.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Transportation shall prescribe regulations 
requiring railroad carriers transporting hazardous materials to 
develop, implement, and periodically evaluate a public education 
program for the communities along railroad hazardous materials routes. 
The public education program may include the following elements:
            (1) Procedures for reporting the release of a hazardous 
        material.
            (2) Physical indications of a release of a hazardous 
        material, including a focus on hazardous materials that are 
        most commonly transported in or near a given community.
            (3) Methods of communication that will be used to alert the 
        community in the event of a railroad incident, accident, or 
        emergency involving a hazardous material.
            (4) Steps that should be taken by community residents to 
        ensure public health and safety in the event of a hazardous 
        material release.
            (5) Discussion of possible public health and safety 
        concerns associated with an unintended release of a hazardous 
        material, including a focus on hazardous materials that are 
        most commonly transported in or near a given community.

SEC. 9. INFLATION ADJUSTMENTS.

    The Secretary of Transportation shall issue a statement of agency 
policy adjusting the penalty schedules for violations outlined in this 
Act as necessary to account for inflation, each time the Secretary is 
required by law to review the minimum and maximum civil monetary 
penalty for inflation under the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (Public Law 101-410; 28 U.S.C. 2461 note). The 
Secretary may subject the statement of agency policy to notice and 
comment, as the Secretary considers appropriate.
                                 <all>