[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 576 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                 S. 576

   To enhance safety requirements for trains transporting hazardous 
                   materials, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2023

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

_______________________________________________________________________

                                 A BILL


 
   To enhance safety requirements for trains transporting 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Railway Safety Act 
of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Defined term.
Sec. 3. Safety requirements for trains transporting hazardous 
                            materials.
Sec. 4. Rail car inspections.
Sec. 5. Defect detectors.
Sec. 6. Safe Freight Act of 2023.
Sec. 7. Increasing maximum civil penalties for violations of rail 
                            safety regulations.
Sec. 8. Safer tank cars.
Sec. 9. Hazardous materials training for first responders.
Sec. 10. Rail safety infrastructure research and development grants.
Sec. 11. Appropriations for tank car research and development.

SEC. 2. DEFINED TERM.

    In this Act, the term ``Secretary'' means the Secretary of 
Transportation.

SEC. 3. SAFETY REQUIREMENTS FOR TRAINS TRANSPORTING HAZARDOUS 
              MATERIALS.

    (a) Rulemaking.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall issue regulations, or modify 
existing regulations, establishing safety requirements, in accordance 
with subsection (b), with which a shipper or rail carrier operating a 
train transporting hazardous materials that is not subject to the 
requirements for a high-hazard flammable train under section 174.310 of 
title 49, Code of Federal Regulations, shall comply with respect to the 
operation of each such train and the maintenance of specification tank 
cars.
    (b) Requirements.--The regulations issued pursuant to subsection 
(a) shall require shippers and rail carriers--
            (1) to provide advance notification and information 
        regarding the transportation of hazardous materials described 
        in subsection (a) to each State emergency response 
        commissioner, the tribal emergency response commission, or any 
        other State or tribal agency responsible for receiving the 
        information notification for emergency response planning 
        information;
            (2) to include, in the notification provided pursuant to 
        paragraph (1), a written gas discharge plan with respect to the 
        applicable hazardous materials being transported; and
            (3) to reduce or eliminate blocked crossings resulting from 
        delays in train movements.
    (c) Additional Requirements.--In developing the regulations 
required under subsection (a), the Secretary shall include requirements 
regarding--
            (1) train length and weight;
            (2) train consist;
            (3) route analysis and selection;
            (4) speed restrictions;
            (5) track standards;
            (6) track, bridge, and rail car maintenance;
            (7) signaling and train control;
            (8) response plans; and
            (9) any other requirements that the Secretary determines 
        are necessary.
    (d) High-Hazard Flammable Trains.--The Secretary may modify the 
safety requirements for trains subject to section 174.310 of title 49, 
Code of Federal Regulations, to satisfy, in whole or in part, the 
rulemaking required under subsection (a).

SEC. 4. RAIL CAR INSPECTIONS.

    (a) Rulemaking.--
            (1) Inspection requirements.--Not later than 1 year after 
        date of the enactment of this Act, the Secretary shall review 
        and update, as necessary, applicable regulations under chapters 
        I and II of subtitle B of title 49, Code of Federal 
        Regulations--
                    (A) to create minimum time requirements that a 
                qualified mechanical inspector must spend when 
                inspecting a rail car or locomotive; and
                    (B) to ensure that all rail cars and locomotives in 
                train consists that carry hazardous materials are 
                inspected by a qualified mechanical inspector at 
                intervals determined by the Secretary.
            (2) Abbreviated pre-departure inspection.--The Secretary 
        shall immediately amend section 215.13(c) of title 49, Code of 
        Federal Regulations (permitting an abbreviated pre-departure 
        inspection procedure) with respect to rail cars in train 
        consists carrying hazardous materials.
    (b) Audits.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary shall initiate audits 
        of Federal rail car inspection programs, subject to the 
        requirements under part 215 of title 49, Code of Federal 
        Regulations, which--
                    (A) consider whether such programs are in 
                compliance with such part 215;
                    (B) assess the type and content of training and 
                performance metrics that such programs provide rail car 
                inspectors;
                    (C) determine whether such programs provide 
                inspectors with adequate time to inspect rail cars;
                    (D) determine whether such programs reflect the 
                current operating practices of the railroad carrier; 
                and
                    (E) ensure that inspection programs are not overly 
                reliant on train crews.
            (2) Audit scheduling.--The Secretary shall--
                    (A) schedule the audits required under paragraph 
                (1) to ensure that--
                            (i) each Class I railroad is audited not 
                        less frequently than once every 5 years; and
                            (ii) a select number, as determined by the 
                        Secretary, of Class II and Class III railroads 
                        are audited annually; and
                    (B) conduct the audits described in subparagraph 
                (A)(ii) in accordance with--
                            (i) the Small Business Regulatory 
                        Enforcement Fairness Act of 1996 (5 U.S.C. 601 
                        note); and
                            (ii) appendix C of part 209 of title 49, 
                        Code of Federal Regulations.
            (3) Updates to inspection program.--If, during an audit 
        required under this subsection, the auditor identifies a 
        deficiency in a railroad's inspection program, the railroad 
        shall update the program to eliminate such deficiency.
            (4) Consultation and cooperation.--
                    (A) Consultation.--In conducting any audit required 
                under this subsection, the Secretary shall consult with 
                the railroad being audited and its employees, including 
                any nonprofit employee labor organization representing 
                the mechanical employees of the railroad.
                    (B) Cooperation.--The railroad being audited and 
                its employees, including any nonprofit employee labor 
                organization representing mechanical employees, shall 
                fully cooperate with any audit conducted pursuant to 
                this subsection--
                            (i) by providing any relevant documents 
                        requested; and
                            (ii) by making available any employees for 
                        interview without undue delay or obstruction.
                    (C) Failure to cooperate.--If the Secretary 
                determines that a railroad or any of its employees, 
                including any nonprofit employee labor organization 
                representing mechanical employees of the railroad is 
                not fully cooperating with an audit conducted pursuant 
                to this subsection, the Secretary shall electronically 
                notify the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives of such noncooperation.
    (c) Review of Regulations.--The Secretary shall triennially 
determine whether any update to part 215 of title 49, Code of Federal 
Regulations, is necessary to ensure the safety of rail cars transported 
by rail carriers.
    (d) Annual Report.--The Secretary shall publish an annual report on 
the public website of the Federal Railroad Administration that--
            (1) summarizes the findings of the prior year's audits;
            (2) summarizes any updates made pursuant to this section; 
        and
            (3) excludes any confidential business information or 
        sensitive security information.
    (e) Rule of Construction.--Nothing in this section may be 
construed--
            (1) to limit the deployment of pilot programs for the 
        installation, test, verification, and review of automated rail 
        and train inspection technologies; or
            (2) to direct the Secretary to waive any existing 
        inspection requirements under chapter I or II of subtitle B of 
        title 49, Code of Federal Regulations, as part of pilot 
        programs.

SEC. 5. DEFECT DETECTORS.

    (a) Rulemaking.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall issue regulations 
establishing requirements for the installation, repair, testing, 
maintenance, and operation of wayside defect detectors for each rail 
carrier operating a train consist carrying hazardous materials.
    (b) Requirements.--The regulations issued pursuant to subsection 
(a) shall include requirements regarding--
            (1) the frequency of the placement of wayside defect 
        detectors, including a requirement that all Class I railroads 
        install a hotbox detector along every 10-mile segment of rail 
        track over which trains carrying hazardous materials operate;
            (2) performance standards for such detectors;
            (3) the maintenance and repair requirements for such 
        detectors;
            (4) reporting data and maintenance records of such 
        detectors;
            (5) appropriate steps the rail carrier must take when 
        receiving an alert of a defect or failure from or regarding a 
        wayside defect detector; and
            (6) the use of hotbox detectors to prevent derailments from 
        wheel bearing failures, including--
                    (A) the temperatures, to be specified by the 
                Secretary, at which an alert from a hotbox detector is 
                triggered to warn of a potential wheel bearing failure; 
                and
                    (B) any actions that shall be taken by a rail 
                carrier upon receiving an alert from a hotbox detector 
                of a potential wheel bearing failure.
    (c) Defect and Failure Identification.--The Secretary shall specify 
the categories of defects and failures that wayside defect detectors 
covered by regulations issued pursuant to subsection (a) shall address, 
including--
            (1) axles;
            (2) wheel bearings;
            (3) brakes;
            (4) signals;
            (5) wheel impacts; and
            (6) other defects or failures specified by the Secretary.

SEC. 6. SAFE FREIGHT ACT OF 2023.

    (a) Short Title.--This section may be cited as the ``Safe Freight 
Act of 2023''.
    (b) Freight Train Crew Size.--Subchapter II of chapter 201 of title 
49, United States Code, is amended by inserting after section 20153 the 
following:
``Sec. 20154. Freight train crew size safety standards
    ``(a) Minimum Crew Size.--No freight train may be operated without 
a 2-person crew consisting of at least 1 appropriately qualified and 
certified conductor and 1 appropriately qualified and certified 
locomotive engineer.
    ``(b) Exceptions.--Except as provided in subsection (c), the 
requirement under subsection (a) shall not apply with respect to--
            ``(1) train operations on track that is not a main line 
        track;
            ``(2) a freight train operated--
                    ``(A) by a railroad carrier that has fewer than 
                400,000 total employee work hours annually and less 
                than $40,000,000 annual revenue (adjusted for 
                inflation, as calculated by the Surface Transportation 
                Board Railroad Inflation- Adjusted Index and Deflator 
                Factor Table);
                    ``(B) at a speed of not more than 25 miles per 
                hour; and
                    ``(C) on a track with an average track grade of 
                less than 2 percent for any segment of track that is at 
                least 2 continuous miles;
            ``(3) locomotives performing assistance to a train that has 
        incurred mechanical failure or lacks the power to traverse 
        difficult terrain, including traveling to or from the location 
        where assistance is provided;
            ``(4) locomotives that--
                    ``(A) are not attached to any equipment or are 
                attached only to a caboose; and
                    ``(B) do not travel further than 30 miles from the 
                point of origin of such locomotive; and
            ``(5) train operations staffed with fewer than a 2-person 
        crew at least 1 year before the date of enactment of this 
        section, if the Secretary determines that such operations 
        achieve an equivalent level of safety as would result from 
        compliance with the requirement under subsection (a).
    ``(c) Trains Ineligible for Exception.--The exceptions under 
subsection (b) may not be applied to--
            ``(1) a train transporting 1 or more loaded cars carrying 
        material toxic by inhalation (as defined in section 171.8 of 
        title 49, Code of Federal Regulations);
            ``(2) a train transporting--
                    ``(A) 20 or more loaded tank cars of a Class 2 
                material or a Class 3 flammable liquid in a continuous 
                block; or
                    ``(B) 35 or more loaded tank cars of a Class 2 
                material or a Class 3 flammable liquid throughout the 
                train consist; or
            ``(3) a train with a total length of at least 7,500 feet.
    ``(d) Waiver.--A railroad carrier may seek a waiver of the 
requirements under this section in accordance with section 20103(d).''.
    (c) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is amended by inserting after the 
item relating to section 20153 the following:

``20154. Freight train crew size.''.

SEC. 7. INCREASING MAXIMUM CIVIL PENALTIES FOR VIOLATIONS OF RAIL 
              SAFETY REGULATIONS.

    (a) Civil Penalties Related to Transporting Hazardous Materials.--
Section 5123(a) of title 49, United States Code, is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``$75,000'' and inserting ``the greater of 0.5 
        percent of the person's annual income or annual operating 
        income or $750,000''; and
            (2) in paragraph (2), by striking ``$175,000'' and 
        inserting ``the greater of 1 percent of the person's annual 
        income or annual operating income or $1,750,000''.
    (b) General Violations of Chapter 201.--Section 21301(a)(2) of 
title 49, United States Code, is amended--
            (1) by striking ``$25,000.'' and inserting ``the greater of 
        0.5 percent of the person's annual income or annual operating 
        income or $250,000''; and
            (2) by striking ``$100,000.'' and inserting ``the greater 
        of 1 percent of the person's annual income or annual operating 
        income or $1,000,000''.
    (c) Accident and Incident Violations of Chapter 201; Violations of 
Chapters 203 Through 209.--Section 21302(a) is amended--
            (1) in paragraph (1), by striking ``203-209'' each place it 
        appears and inserting ``203 through 209''; and
            (2) in paragraph (2)--
                    (A) by striking ``$25,000'' and inserting ``the 
                greater of 0.5 percent of the person's annual income or 
                annual operating income or $250,000''; and
                    (B) by striking ``$100,000'' and inserting ``the 
                greater of 1 percent of the person's annual income or 
                annual operating income or $1,000,000''.
    (d) Violations of Chapter 211.--Section 21303(a)(2) is amended--
            (1) by striking ``$25,000.'' and inserting ``the greater of 
        0.5 percent of the person's annual income or annual operating 
        income or $250,000''; and
            (2) by striking ``$100,000.'' and inserting ``the greater 
        of 1 percent of the person's annual income or annual operating 
        income or $1,000,000''.

SEC. 8. SAFER TANK CARS.

    (a) Phase-Out Schedule.--Beginning on May 1, 2025, a rail carrier 
may not use DOT-111 specification railroad tank cars that do not comply 
with DOT-117, DOT-117P, or DOT-117R specification requirements, as in 
effect on the date of enactment of this Act, to transport Class 3 
flammable liquids regardless of the composition of the train consist.
    (b) Conforming Regulatory Amendments.--
            (1) In general.--The Secretary--
                    (A) shall immediately remove or revise the date-
                specific deadlines in any applicable regulations or 
                orders to the extent necessary to conform with the 
                requirement under subsection (a); and
                    (B) may not enforce any date-specific deadlines or 
                requirements that are inconsistent with the requirement 
                under subsection (a).
            (2) Rule of construction.--Except as required under 
        paragraph (1), nothing in this section may be construed to 
        require the Secretary to issue regulations to implement this 
        section.

SEC. 9. HAZARDOUS MATERIALS TRAINING FOR FIRST RESPONDERS.

    (a) Annual Registration Fee.--Section 5108(g) of title 49, United 
States Code, is amended by adding at the end the following:
            ``(4) Additional fee for class i rail carriers.--In 
        addition to the fees collected pursuant to paragraphs (1) and 
        (2), the Secretary shall establish and annually impose and 
        collect from each Class I rail carrier a fee in an amount equal 
        to $1,000,000.''.
    (b) Assistance for Local Emergency Response Training.--Section 
5116(j)(1)(A) of title 49, United States Code, is amended--
            (1) by striking ``liquids'' and inserting ``materials''; 
        and
            (2) in paragraph (3), by amending subparagraph (A) to read 
        as follows:
                    ``(A) In general.--To carry out the grant program 
                established pursuant to paragraph (1),the Secretary may 
                expend, during each fiscal year--
                            ``(i) the amounts collected pursuant to 
                        section 5108(g)(4); and
                            ``(ii) any amounts recovered during such 
                        fiscal year from grants awarded under this 
                        section during a prior fiscal year.''.
    (c) Supplemental Training Grants.--Section 5128(b)(4) of title 49, 
United States Code is amended by striking ``$2,000,000'' and inserting 
``$4,000,000''.

SEC. 10. RAIL SAFETY INFRASTRUCTURE RESEARCH AND DEVELOPMENT GRANTS.

    (a) Research Requirement.--The Administrator of the Federal 
Railroad Administration shall award grants, in accordance with section 
22907 of title 49, United States Code, and the restrictions and 
limitations on eligibility for Class I railroads under such section, 
for research and development of wayside defect detectors to better 
prevent the derailment of trains transporting hazardous materials.
    (b) Funding.--
            (1) Appropriation.--There is appropriated to the Federal 
        Railroad Administration, out of any funds in the Treasury not 
        otherwise appropriated, $22,000,000, which shall be used for 
        the grants authorized under subsection (a) for the improvement 
        and research of wayside defect defectors and the prevention of 
        derailments of trains containing hazardous materials.
            (2) Availability of funding.--Amounts appropriated under 
        this subsection shall remain available until expended

SEC. 11. APPROPRIATIONS FOR TANK CAR RESEARCH AND DEVELOPMENT.

    There is appropriated to the Pipeline and Hazardous Materials 
Safety Administration, out of any funds in the Treasury not otherwise 
appropriated, $5,000,000, which shall be used for expenses related to 
the development of--
            (1) stronger, safer tank cars and valves for tank cars; and
            (2) other tank car safety features.
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