[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4954 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4954

   To require the Secretary of Transportation to issue a final rule 
  setting minimum structural standards for railroad bridges, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2024

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

_______________________________________________________________________

                                 A BILL


 
   To require the Secretary of Transportation to issue a final rule 
  setting minimum structural standards for railroad bridges, 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 Bridge Safety and Transparency 
Act''.

SEC. 2. RAILROAD BRIDGE SAFETY.

    (a) In General.--Section 20145 of title 49, United States Code is 
amended to read as follows:
``Sec. 20145. Railroad bridge safety
    ``(a) Definitions.--In this section:
            ``(1) Class i railroad; class ii railroad; class iii 
        railroad; railroad; railroad carrier.--The terms `Class I 
        railroad', `Class II railroad', `Class III railroad', 
        `railroad', and `railroad carrier'--
                    ``(A) except as provided in subparagraph (B), have 
                the meanings given such terms in section 20102; and
                    ``(B) do not include--
                            ``(i) the National Railroad Passenger 
                        Corporation (commonly referred to as `Amtrak'); 
                        or
                            ``(ii) rail carriers that have the 
                        principal purpose of providing commuter rail 
                        passenger transportation (as defined in section 
                        24102).
            ``(2) Component part.--The term `component part', with 
        respect to a railroad bridge, includes the substructure, 
        superstructure, deck, bearings, railings, joints, and the rails 
        on the track of such bridge.
            ``(3) Department.--The term `Department' means the 
        Department of Transportation.
            ``(4) Eligible requesting party.--The term `eligible 
        requesting party' means a party authorized to request a bridge 
        inspection report in accordance with section 417(d)(2)(A) of 
        the Rail Safety Improvement Act of 2008 (49 U.S.C. 20103 note).
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
    ``(b) Strengthening Standards for Railroad Bridges.--
            ``(1) Rulemaking.--Not later than 2 years after the date of 
        the enactment of the Rail Bridge Safety and Transparency Act, 
        the Secretary, using other standards within the Department as 
        models, shall issue a final rule establishing minimum 
        structural and safety standards for railroad bridges and their 
        component parts, including--
                    ``(A) minimum requirements for a railroad bridge 
                and its component parts to be classified in poor, fair, 
                or good condition; and
                    ``(B) the amount of corrosion, cracking, spalling, 
                and rusting permissible for each such condition.
            ``(2) Bridge inspection reports.--
                    ``(A) Inclusion of certain information.--Not later 
                than 2 years after the initial publication of the 
                standards described in paragraph (1), all railroads 
                carriers shall--
                            ``(i) include information in their bridge 
                        inspection reports indicating whether each 
                        bridge for which such railroad carrier is 
                        responsible--
                                    ``(I) meets minimum structural and 
                                safety standards;
                                    ``(II) is in poor, fair, or good 
                                condition; and
                                    ``(III) has component parts in 
                                poor, fair, or good condition; and
                            ``(ii) for each bridge in poor condition, 
                        include--
                                    ``(I) an estimate of how long the 
                                bridge can remain in service;
                                    ``(II) a timeline for planned 
                                repairs, rehabilitation, or replacement 
                                of the bridge; and
                                    ``(III) an estimate of the cost to 
                                perform such actions.
                    ``(B) Bridge inspection report database.--
                            ``(i) In general.--Not later than 5 years 
                        after the date of the enactment of the Rail 
                        Bridge Safety and Transparency Act, the 
                        Secretary shall develop, populate, and manage a 
                        database of all bridge inspection reports 
                        received from railroad carriers, which shall be 
                        continuously updated with the most recent 
                        bridge conditions as indicated in bridge 
                        inspection reports provided to the Department.
                            ``(ii) Public availability.--The Secretary 
                        shall make available to the public a version of 
                        the database described in clause (i) that 
                        includes for each bridge inspection report only 
                        the following information:
                                    ``(I) The date of last inspection 
                                of the bridge.
                                    ``(II) The location of the bridge.
                                    ``(III) The owner of the bridge.
                                    ``(IV) A determination of whether 
                                the bridge is in poor, fair, or good 
                                condition.
                                    ``(V) Any other comments on the 
                                condition of the bridge disclosed by 
                                the owner, as indicated in the bridge 
                                inspection report.
                    ``(C) Submission deadlines.--
                            ``(i) Initial reports.--During the period 
                        beginning on the date of the enactment of the 
                        Rail Bridge Safety and Transparency Act and 
                        ending on the date on which the database 
                        required under subparagraph (B) is first 
                        established--
                                    ``(I) not later than 30 days after 
                                the receipt of a bridge inspection 
                                report request from an eligible 
                                requesting party, the Secretary shall 
                                request a bridge inspection report from 
                                the railroad carrier concerned, and--
                                            ``(aa) if the request is 
                                        for 5 or fewer railroad 
                                        bridges, the railroad carrier 
                                        concerned shall, not later than 
                                        30 days after the receipt of 
                                        such request from the 
                                        Secretary, submit the bridge 
                                        inspection report to the 
                                        Department; or
                                            ``(bb) if the request is 
                                        between 6 and 50 railroad 
                                        bridges, the railroad carrier 
                                        concerned shall, not later than 
                                        90 days after the receipt of 
                                        such request from the 
                                        Secretary, submit the bridge 
                                        inspection report to the 
                                        Department; and
                                    ``(II) not later than 14 days after 
                                the receipt of a bridge inspection 
                                report submitted in accordance with 
                                item (aa) or (bb) of subclause (I), the 
                                Secretary shall submit such bridge 
                                inspection report to the eligible 
                                requesting party.
                            ``(ii) Future reports.--After the date on 
                        which the database required under subparagraph 
                        (B) is first established, the Secretary shall--
                                    ``(I) not later than 30 days after 
                                the receipt of a bridge inspection 
                                report request from an eligible 
                                requesting party--
                                            ``(aa) if the requested 
                                        bridge inspection report is 
                                        available in the database, 
                                        submit such report to the 
                                        eligible requesting party; and
                                            ``(bb) if the requested 
                                        information is not available in 
                                        the database, request a bridge 
                                        inspection report from the 
                                        railroad carrier concerned, 
                                        and--

                                                    ``(AA) if the 
                                                request is for 5 or 
                                                fewer railroad bridges, 
                                                the railroad carrier 
                                                concerned shall, not 
                                                later than 30 days 
                                                after the receipt of 
                                                such request from the 
                                                Secretary, submit the 
                                                bridge inspection 
                                                report to the 
                                                Department; or

                                                    ``(BB) if the 
                                                request is between 6 
                                                and 50 railroad 
                                                bridges, the railroad 
                                                carrier concerned 
                                                shall, not later than 
                                                90 days after the 
                                                receipt of such request 
                                                from the Secretary, 
                                                submit the bridge 
                                                inspection report to 
                                                the Department; and

                                    ``(II) not later than 14 days after 
                                the receipt of a bridge inspection 
                                report submitted by a railroad carrier 
                                in accordance with subitem (AA) or (BB) 
                                of item (bb), submit such bridge 
                                inspection report to the eligible 
                                requesting party.
    ``(c) Coordination of Oversight of Coastal Railroad Bridges.--The 
Secretary, in coordination with the Commandant of the Coast Guard, 
shall issue a final rule establishing minimum structural and safety 
standards for movable railroad bridges and railroad drawbridges 
spanning the navigable waters of the United States, including--
            ``(1) the minimum structural and safety requirements for 
        each such bridge and its component parts, including movable 
        parts;
            ``(2) the requirements that each such bridge and its 
        component parts shall meet in order to be considered to be in 
        poor, fair, or good condition;
            ``(3) the requirement that each such bridge be inspected at 
        the same frequency as railroad bridges that are not located 
        above navigable waters; and
            ``(4) requirements for safety inspections that are required 
        if a railroad carrier shifts from in-person to remote operation 
        of such a bridge.
    ``(d) Flagging Ownership of Railroad Bridges.--Not later than 1 
year after the date of the enactment of the Rail Bridge Safety and 
Transparency Act, each railroad carrier that owns 1 or more railroad 
bridges shall post a placard or sign in area that is visible to 
oncoming traffic on (or adjacent to) both ends of each such bridge that 
identifies--
            ``(1) the railroad carrier that owns the bridge; and
            ``(2) a phone number through which a member of the public 
        can report visible hazards or concerns with respect to such 
        bridge.
    ``(e) Rail Bridge Safety Concern Reporting System.--
            ``(1) Establishment.--Not later than 2 years after the date 
        of the enactment of the Rail Bridge Safety and Transparency 
        Act, the Secretary shall establish a system, to be known as the 
        Rail Bridge Safety Concern Reporting System (referred to in 
        this subsection as the `System'), to report safety concerns 
        regarding the condition of railroad bridges.
            ``(2) Development.--In developing the System, the Secretary 
        shall--
                    ``(A) streamline and simplify the data management 
                process within the Department; and
                    ``(B) reduce duplicative efforts and maximize 
                available resources, including by integrating the 
                Alleged Violation Reporting Form of the Federal 
                Railroad Administration into the System.
            ``(3) System functions.--
                    ``(A) Reporting safety concerns.--The Secretary 
                shall use the System to permit any State, political 
                subdivision of a State, or Tribe to report to the 
                Secretary safety concerns regarding the condition of a 
                railroad bridge based on certain factors, including--
                            ``(i) physical appearance;
                            ``(ii) extreme shaking or excess movement 
                        during the passage of a train or an extreme 
                        weather event;
                            ``(iii) components of the railroad bridge 
                        falling onto surrounding areas; and
                            ``(iv) any other concern that the Secretary 
                        determines to be significant to the structural 
                        or operational safety of the bridge.
                    ``(B) Investigations.--If the Secretary determines 
                a report submitted pursuant to subparagraph (A) 
                includes a reasonable safety concern regarding the 
                structural or operational safety of a bridge, the 
                Secretary shall investigate such safety concern to 
                determine the risk posed by the railroad bridge to--
                            ``(i) the operation of the railroad 
                        concerned;
                            ``(ii) the safety of railroad workers;
                            ``(iii) the safety the general public; and
                            ``(iv) the safety of individuals who 
                        traverse on, under, or near the railroad 
                        bridge, including pedestrians, cyclists, and 
                        individuals traveling by motor vehicle or boat.
                    ``(C) Repair or suspension of use.--If the 
                Secretary determines that a safety concern investigated 
                pursuant to subparagraph (B) poses a significant threat 
                to the structural or operational safety of the bridge 
                or the safety of any of the parties described in 
                clauses (i) through (iv) of subparagraph (B), the 
                Secretary shall direct the Administrator of the Federal 
                Railroad Administration to coordinate with the railroad 
                concerned to establish a plan that addresses the safety 
                concern, which may include--
                            ``(i) requiring the immediate repair of the 
                        railroad bridge;
                            ``(ii) imposing weight or speed 
                        restrictions on the bridge; and
                            ``(iii) any action required by the 
                        Secretary pursuant to section 20104(a) if the 
                        Secretary determines that such safety concern--
                                    ``(I) involves an unsafe condition 
                                or practice or a combination of unsafe 
                                conditions and practices; or
                                    ``(II) causes an emergency 
                                situation involving an imminent hazard 
                                of death, personal injury, or 
                                significant harm to the environment.
                    ``(D) Civil penalties.--
                            ``(i) Failure to finalize plan.--If a plan 
                        required under subparagraph (C) is not 
                        finalized within 90 days after a determination 
                        by the Secretary pursuant to such subparagraph 
                        and the relevant railroad bridge remains in 
                        operation, the Secretary shall impose a civil 
                        penalty to the railroad concerned in an amount 
                        equal to $1,000 per week until such plan is 
                        finalized.
                            ``(ii) Completion of repairs.--If a safety 
                        concern determined by the Secretary pursuant to 
                        subparagraph (C)(iii)(II) to pose an imminent 
                        hazard of death, personal injury, or 
                        significant harm to the environment is not 
                        repaired within 1 year after such determination 
                        and the relevant railroad bridge remains in 
                        operation, the Secretary shall impose a civil 
                        penalty to the railroad concerned in an amount 
                        equal to $20,000 per week until such bridge is 
                        repaired.
            ``(4) Disclosure of reported safety concerns.--The 
        Secretary shall publish, on a publicly available website of the 
        Department of Transportation, a notice of each safety concern 
        involving a railroad bridge that the Secretary determines, 
        pursuant to paragraph (3)(C)(iii)(II) to pose an imminent 
        hazard of death, personal injury, or significant harm to the 
        environment, which shall include--
                    ``(A) the location of the bridge;
                    ``(B) the owner of the bridge;
                    ``(C) whether the bridge is in active use; and
                    ``(D) whether the railroad that owns the bridge has 
                submitted a plan to address such safety concern.
            ``(5) Funds for bridge safety personnel.--
                    ``(A) Authorization of appropriations.--In addition 
                to the amounts referred to in subparagraph (B), there 
                are authorized to be appropriated to the Department 
                such additional sums as may be necessary to hire 
                additional bridge safety personnel to carry out this 
                subsection.
                    ``(B) Use of civil penalties.--All amounts 
                collected from the civil penalties imposed pursuant to 
                paragraph (3)(D) and section 1327(c) shall be reserved 
                for hiring additional bridge safety personnel to carry 
                out this section.
    ``(f) Randomized Observation of Railroad Bridges.--
            ``(1) In general.--
                    ``(A) Number of annual observations.--The Secretary 
                shall annually conduct at least 1 randomized bridge 
                observation for every 500 railroad bridges owned by a 
                railroad carrier.
                    ``(B) Application of standards.--For each 
                observation conducted pursuant to this subsection, the 
                Secretary shall inspect the condition of each bridge 
                and its component parts in accordance with the 
                standards established pursuant to subsection (c)(1).
                    ``(C) Small railroad observation pool.--If a 
                railroad carrier owns fewer than 500 railroad bridges, 
                such railroad carrier shall be included in a pool of 
                railroad carriers. Not fewer than 5 railroad carriers 
                in such pool shall be selected annually for a 
                randomized observation of at least 1 railroad bridge 
                owned by each selected railroad carrier.
                    ``(D) Advance notice.--In carrying out randomized 
                bridge observations under this section, the Secretary 
                shall not give a railroad carrier more than 3 days of 
                advance notice of the timing of an observation.
            ``(2) Review.--
                    ``(A) In general.--The Secretary shall compare the 
                result of each bridge observation to the reported 
                conditions of the applicable bridge in the bridge 
                inspection report provided by the railroad carrier.
                    ``(B) Discrepancies.--In the event of a discrepancy 
                between the result of a bridge observation and the 
                conditions of such railroad bridge documented in the 
                most recent bridge inspection report, the Secretary 
                shall work with the railroad carrier concerned to 
                address deficiencies in the inspection system of such 
                railroad carrier, including by--
                            ``(i) improving the training of inspectors;
                            ``(ii) increasing the frequency of 
                        inspections;
                            ``(iii) addressing inspector staffing 
                        shortages; and
                            ``(iv) revising inspection criteria.
                    ``(C) Additional inspections.--For railroad 
                carriers that the Secretary has found to have a pattern 
                of discrepancies under subparagraph (D), the Secretary 
                shall--
                            ``(i) increase the number of randomized 
                        observations from the baseline set in paragraph 
                        (1);
                            ``(ii) establish a priority list of 
                        railroad bridges to be subject to additional 
                        observations, based on factors such as the 
                        condition of the bridge, the bridge length, the 
                        location of the bridge, the safety risk to the 
                        community should the bridge fail, the type of 
                        freight carried over the bridge, and the 
                        frequency of service over the bridge;
                            ``(iii) carry out such additional 
                        observations with not more than 3 days of 
                        advance notice provided to the railroad 
                        carrier; and
                            ``(iv) ensure that such additional 
                        observations examine the condition of the 
                        bridge and are additive to, not a replacement 
                        of, the normal track inspections, including 
                        visual track inspections, required by the 
                        Department.
                    ``(D) Pattern of discrepancies.--
                            ``(i) Defined term.--In this subparagraph, 
                        the term `pattern of discrepancies', with 
                        respect to a railroad carrier--
                                    ``(I) means the Secretary has 
                                identified 5 or more instances in which 
                                conditions reported on the bridge 
                                inspection report of such railroad 
                                carrier differed from the results of an 
                                observation conducted by the Secretary 
                                pursuant to this subsection; and
                                    ``(II) does not include sudden 
                                changes in the condition of a railroad 
                                bridge due to a significant event, such 
                                as an earthquake or other natural 
                                disaster.
                            ``(ii) Effect.--If the Secretary 
                        identifies, through randomized observations of 
                        railroad bridges of a railroad carrier, a 
                        pattern of discrepancies between the railroad 
                        carrier's bridge inspection report and multiple 
                        observations--
                                    ``(I) such railroad carrier--
                                            ``(aa) shall be considered 
                                        to be in violation of this 
                                        chapter; and
                                            ``(bb) shall be subject to 
                                        the civil penalties set forth 
                                        in section 21301; and
                                    ``(II) not later than 90 days after 
                                such identification, the Secretary 
                                shall submit a written report to 
                                Congress that describes such 
                                discrepancies.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 201 of 
title 49, United States Code, is amended by striking the item relating 
to section 20145 and inserting the following:

``20145. Railroad bridge safety.''.

SEC. 3. CONFORMING AMENDMENTS TO THE RAIL SAFETY IMPROVEMENT ACT OF 
              2008.

    Section 417(d)(2) of the Rail Safety Improvement Act of 2008 (49 
U.S.C. 20103 note) is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) In general.--
                            ``(i) Jurisdictional requests.--A Member of 
                        Congress, a State, or political subdivision of 
                        a State may file a request with the Secretary 
                        for a public version of the bridge inspection 
                        report or reports generated under subsection 
                        (b)(5) for bridges located in the congressional 
                        district or State of such Member of Congress or 
                        in the jurisdiction of such State or political 
                        subdivision.
                            ``(ii) Requests from committees.--The Chair 
                        or Ranking Member of the Committee on 
                        Transportation and Infrastructure of the House 
                        of Representatives or the Chair or Ranking 
                        Member of Committee on Commerce, Science, and 
                        Transportation of the Senate may file a request 
                        with the Secretary for a public version of the 
                        bridge inspection report or reports generated 
                        under subsection (b)(5) for any bridge in the 
                        United States;''.
            (2) by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (C), (D), and (E), respectively;
            (3) by inserting after subparagraph (A) the following:
                    ``(B) Limitation.--A State or political subdivision 
                of a State may request not more than 50 bridge 
                inspection reports under subparagraph (A)(i) during any 
                6-month period.''; and
            (4) in subparagraph (C), as redesignated, by striking ``If 
        the Secretary determines that the request is reasonable, the 
        Secretary'' and inserting ``The Secretary''.
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