[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1044 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1044

        To improve rail safety practices and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2023

Mr. Schumer (for Mr. Fetterman (for himself, Mr. Brown, and Mr. Casey)) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
        To improve rail safety practices 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 ``Railway Accountability Act''.

SEC. 2. BROKEN RIM DERAILMENTS.

    (a) Study.--The Administrator of the Federal Railroad 
Administration shall conduct a study of--
            (1) broken rim derailments, particularly vertical split rim 
        failures, including--
                    (A) the causes of such derailments and failures;
                    (B) the effectiveness of current mitigation 
                strategies; and
                    (C) potential new mitigation strategies;
            (2) wheel impact load thresholds, including--
                    (A) safe kip thresholds; and
                    (B) potential remedial actions that address the 
                mechanical condition of tank cars used in high-hazard 
                flammable trains;
            (3) the deployment of ultrasonic wheel crack detection 
        systems; and
            (4) potential regulations that, if promulgated, would--
                    (A) result in fewer broken rim derailments; and
                    (B) improve avoidance or identification of 
                mechanical defects.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall submit a report to Committee on 
Commerce, Science, and Transportation of the Senate and Committee on 
Transportation and Infrastructure of the House of Representatives 
containing the results of the study conducted pursuant to subsection 
(a), including any proposed regulations to reduce the frequency of 
broken rim derailments.

SEC. 3. TRAIN CONSIST.

    (a) Rulemaking.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Transportation shall conduct a 
review of existing regulations relating to the practices regarding the 
establishment of a train consist.
    (b) Written Switchyard Safety Protocol Plan.--The Administrator of 
the Federal Railroad Administration shall issue a regulation requiring 
each railroad to prepare and submit to the Administrator, not later 
than 1 year after the date of the enactment of this Act, an updated 
Risk Reduction Program Plan that--
            (1) documents the railroad's standards for train consist 
        and safety protocol while trains are in the switchyard; and
            (2) strives to balance derailment risk and rail yard 
        employee safety.

SEC. 4. BRAKE INSPECTIONS.

    After completing the review required under section 3(a)(1), the 
Secretary of Transportation shall issue regulations that--
            (1) prohibit any train from being moved out of the 
        switchyard before all required brake inspections of such train 
        have been completed;
            (2) prohibit conducting brake inspections of a train while 
        such train is in motion; and
            (3) allow only the qualified mechanical inspector (as 
        defined in section 232.5 of title 49, Code of Federal 
        Regulations) assigned to inspect a locomotive or rail car to 
        sign off on--
                    (A) the Form FRA F6180-49A (commonly known as the 
                ``blue card'') relating to locomotive inspections; and
                    (B) the satisfactory Class I brake inspection of 
                end-of-train device form relating to rail car 
                inspections.

SEC. 5. SAFETY WAIVERS.

    (a) In General.--The Administrator of the Federal Railroad 
Administration shall post, on a publicly accessible website, a list of 
all active safety waivers granted by the Federal Railroad 
Administration to Class I railroads pursuant to its authority under 
section 20103(d) of title 49, United States Code, relating to brake 
procedures, unequipped locomotives, brake inspection requirements, and 
safety training for rail labor employees.
    (b) Contents.--The Administrator shall include, on the posting 
required under subsection (a), a summary of the waivers described in 
subsection (a), including--
            (1) the number of active waivers;
            (2) the number of such waivers that have been extended 
        beyond their original termination date;
            (3) the average duration of each such waiver; and
            (4) a summary of the regulations that were so waived.

SEC. 6. PROPER FUNCTIONING OF EMERGENCY BRAKE SIGNALS.

    The Administrator of the Federal Railroad Administration shall 
amend part 232 of title 49, Code of Federal Regulations, to require--
            (1) more frequent communication checks between a head-of-
        train device and an end-of-train device; and
            (2) repetition of the emergency brake signal transmission 
        until it is received by the end-of-train device.

SEC. 7. CONFIDENTIAL CLOSE CALL REPORTING SYSTEM.

    Not later than 6 months after the date of the enactment of this 
Act, any Class I railroad that was ordered to pay the maximum civil 
penalty for any violation of a rail safety regulation set forth in 
section 5123(a) of title 49, United States Code, or in chapter 201, 
203, 204, 205, 206, 207, 208, 209, or 211 during the 15-year period 
immediately preceding such date of enactment shall join and actively 
participate in the Confidential Close Call Reporting System (commonly 
known as ``C\3\RS'').

SEC. 8. REQUIRED WARNING EQUIPMENT AND LOOKOUTS.

    All railroads shall provide warning equipment to railroad watchmen 
and lookouts for roadway workers, which--
            (1) may include whistles, air horns, white disks, red 
        flags, lanterns, and fuses; and
            (2) may not include the use of verbal warnings.
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