[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1114 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1114

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2015

 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 Act of 2015'' or the ``TRACK Act''.

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 for the 
        Development of 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--
            (1) 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;
            (2) timely inform individuals exposed to the hazardous 
        material of any health information, including information 
        regarding long-lasting or irreversible health consequences, 
        included in such reports; and
            (3) 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)(3), 
or a regulation prescribed pursuant to subsection (b)(3), shall be 
liable to the Federal Government for a civil penalty for each violation 
or for each day the violation continues, as follows:
            (1) 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, shall be 
        liable for a civil penalty of not less than $100,000 and not 
        more than $1,000,000.
            (2) 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, shall be 
        liable for a civil penalty of not less than $25,000 and not 
        more than $250,000.
            (3) 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, shall be 
        liable for a civil penalty of not less than $10,000 and not 
        more than $100,000.

SEC. 3. COMMODITY FLOW TRANSPARENCY.

    (a) Rulemaking.--Not later than 2 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--
            (1) 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
            (2) to assist with the 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.
    (b) Considerations.--In prescribing regulations under subsection 
(a), 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 such as--
            (1) the volume of the hazardous material transported; and
            (2) 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 an active program to 
        train and qualify its employees 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.--A railroad carrier described 
        in paragraph (1) shall ensure that only an individual qualified 
        under the railroad carrier's training program is given 
        responsibility for determining whether a train can safely 
        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 pursuant to 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) 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, shall be 
        liable for a civil penalty of not less than $100,000 and not 
        more than $1,000,000.
            (2) 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, shall be 
        liable for a civil penalty of not less than $25,000 and not 
        more than $250,000.
            (3) 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, shall be 
        liable for a civil penalty of 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 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 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'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(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 5 years.

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

    (a) Real-Time Emergency Response Notification.--Not later than 1 
year after the date of the enactment of this Act, the Secretary of 
Transportation shall prescribe regulations that--
            (1) require a railroad carrier transporting a hazardous 
        material--
                    (A) 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; and
                    (B) 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 such entities 
                to protect public health and community safety; and
            (2) prohibit 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)(2) 
or a regulation prescribed pursuant to subsection (a)(2) shall be 
liable to the Federal Government for a civil penalty for each violation 
or each day the violation continues, as follows:
            (1) 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, shall be 
        liable for a civil penalty of not less than $100,000 and not 
        more than $1,000,000.
            (2) 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, shall be 
        liable for a civil penalty of not less than $25,000 and not 
        more than $250,000.
            (3) 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, shall be 
        liable for a civil penalty of not less than $10,000 and not 
        more than $100,000.

SEC. 8. PUBLIC EDUCATION.

    Not later than 1 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, which may 
include--
            (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; and
            (5) a 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.
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