[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3903 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3903
To enhance safety requirements for trains transporting hazardous
materials, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 24, 2026
Mr. Husted (for himself, Ms. Cantwell, Mr. Marshall, Mr. Schmitt, Ms.
Baldwin, Ms. Klobuchar, Mr. Moreno, and Mr. Fetterman) 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 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RAIL SAFETY
Sec. 101. Definitions.
Sec. 102. Safety requirements for high-hazard trains.
Sec. 103. Ensuring the safety of long trains.
Sec. 104. Blocked highway-rail grade crossings.
Sec. 105. Inspections.
Sec. 106. Emergency brake signals.
Sec. 107. Defect detection systems.
Sec. 108. Safe Freight Act of 2026.
Sec. 109. Increased penalties for violations of rail safety
regulations.
Sec. 110. Safer tank cars.
Sec. 111. Rail safety infrastructure research and development grants.
Sec. 112. Authorization of appropriations for tank car research and
development.
Sec. 113. Federal Railroad Administration safety culture.
Sec. 114. GAO report on roadway worker protections.
Sec. 115. Federal Railroad Administration safety workforce management.
Sec. 116. Office of Personnel Management review of safety inspector and
specialist classifications.
Sec. 117. Alcohol and drug testing.
TITLE II--HAZARDOUS MATERIALS EMERGENCY RESPONSE AND PREPAREDNESS
Sec. 201. Hazardous materials registration fees.
Sec. 202. Virtual training options.
Sec. 203. Hazardous materials transportation emergency response and
preparedness grants.
Sec. 204. Emergency response assistance.
TITLE I--RAIL SAFETY
SEC. 101. DEFINITIONS.
In this title:
(1) In general.--Except as otherwise provided, terms used
in this title have the definitions given such terms in section
20155 of title 49, United States Code, as amended by section
102(a).
(2) Class i railroad.--The term ``Class I railroad'' has
the meaning given such term in section 20102(1) of title 49,
United States Code.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 102. SAFETY REQUIREMENTS FOR HIGH-HAZARD TRAINS.
(a) Tank Car Safety Requirements.--Section 20155 of title 49,
United States Code, is amended to read as follows:
``Sec. 20155. High-hazard trains
``(a) Definitions.--In this section:
``(1) Explosives.--The term `explosives' means Class 1
explosives categorized in Division 1.1, 1.2, or 1.3 in section
173.50(b) of title 49, Code of Federal Regulations.
``(2) Flammable gas.--The term `flammable gas' has the
meaning given such term in section 173.115(a) of title 49, Code
of Federal Regulations.
``(3) Flammable liquid.--The term `flammable liquid' has
the meaning given such term in section 173.120(a) of title 49,
Code of Federal Regulations.
``(4) Hazardous material.--The term `hazardous material'
means a substance or material designated by the Secretary of
Transportation as hazardous pursuant to section 5103(a) of this
title.
``(5) High-hazard train.--The term `high-hazard train'
means a single train transporting, throughout the train,
consisting of--
``(A) 20 or more tank cars loaded with a flammable
liquid;
``(B) 1 or more tank cars or intermodal portable
tanks loaded with a material toxic or poisonous by
inhalation;
``(C) 1 or more cars loaded with high-level
radioactive waste or spent nuclear fuel;
``(D) 10 or more cars loaded with explosives;
``(E) 5 or more tank cars loaded with a flammable
gas; or
``(F) 20 or more cars loaded with any combination
of flammable liquids, flammable gases, or explosives.
``(6) High-level radioactive waste; spent nuclear fuel.--
The terms `high-level radioactive waste' and `spent nuclear
fuel' have the meanings given to a `type B package' and a
`fissile material package', respectively, in section 173.403 of
title 49, Code of Federal Regulations.
``(7) Material toxic or poisonous by inhalation.--The term
`material toxic or poisonous by inhalation' has the meaning
given the term `Material poisonous by inhalation or Material
toxic by inhalation' in section 171.8 of title 49, Code of
Federal Regulations.
``(b) Rulemaking.--Not later than 1 year after the date of the
enactment of the Railway Safety Act of 2026, the Secretary, in
consultation with appropriate Federal agencies, shall issue regulations
that--
``(1) rescind the requirements set forth in paragraphs (4)
and (5) of section 174.310(a) of title 49, Code of Federal
Regulations, with respect to tank cars carrying hazardous
materials other than Class 3 flammable liquids;
``(2) revise the requirements set forth in section
174.310(a)(2) of title 49, Code of Federal Regulations--
``(A) to limit all trains to a maximum speed of 50
miles per hour; and
``(B) to limit high-hazard trains carrying 20 or
more cars loaded with flammable liquids to a maximum
speed of 40 miles per hour while that train travels
within the limits of high-threat urban areas (HTUAs)
(as defined in 1580.3 of title 49, Code of Federal
Regulations), unless all tank cars containing a Class 3
flammable liquid meet or exceed the DOT specification
117 standards, the DOT specification 117P performance
standards, or the DOT specification 117R retrofit
standards set forth in subpart D of part 179 of title
49, Code of Federal Regulations, including DOT-105A,
DOT-105H, DOT-105J, DOT-105S, DOT-112H, DOT-112J, DOT-
112S, and DOT-120S tank cars;
``(3) require rail carriers operating high-hazard trains to
comply with the requirements applicable to high-hazard
flammable trains under section 174.310 of title 49, Code of
Federal Regulations;
``(4) require any Class I railroad transporting hazardous
materials--
``(A) to generate accurate, real-time, and
electronic train consist information, including--
``(i) the identity, quantity, and location
of hazardous materials on a train;
``(ii) the point of origin and destination
of the train;
``(iii) any emergency response information
or resources required by the Secretary; and
``(iv) an emergency response point of
contact designated by the Class I railroad; and
``(B) to enter into a memorandum of understanding
with each applicable fusion center to provide the
fusion center with secure and confidential access to
the electronic train consist information described in
subparagraph (A) for each train transporting hazardous
materials in the jurisdiction of the fusion center;
``(5) require each Class I railroad to provide commodity
flow reports of the hazardous materials transported by a high-
hazard train to each State emergency response commission,
Tribal emergency response commission, or other responsible
State or Tribal agency, consistent with the notification
content requirements under section 174.312 of title 49, Code of
Federal Regulations (or a successor regulation), including--
``(A) a reasonable estimate of the number of high-
hazard trains that are expected to travel, per week,
through each county within the applicable jurisdiction;
``(B) updates to such estimate when making a change
in volume of 25 percent or more;
``(C) a description of the hazardous materials
being transported on such trains;
``(D) applicable emergency response information, as
required by regulation;
``(E) identification of the routes over which the
hazardous materials on such trains will be transported;
and
``(F) a point of contact at the Class I railroad
who--
``(i) has knowledge of the railroads'
transportation of hazardous materials; and
``(ii) is responsible for serving as the
point of contact for the State emergency
response commission, Tribal emergency response
commission, or other State or Tribal agency
responsible for receiving such information;
``(6) require each applicable State emergency response
commission to provide to a political subdivision of a State, or
the public agency responsible for emergency response or law
enforcement, upon request of the political subdivision or
public agency, the information the commission receives from a
Class I railroad pursuant to paragraph (5), including, for any
such political subdivision or public agency responsible for
emergency response or law enforcement that makes an initial
request for such information, any updates received by the State
emergency response commission;
``(7) prohibit any Class I railroad, employee, or agent
from withholding, or causing to be withheld, the train consist
information from first responders, emergency response
officials, Federal and State agencies, and law enforcement
personnel who are responding to an incident, accident, or
public health or safety emergency involving the rail
transportation of hazardous materials; and
``(8) establish security and confidentiality protections,
in coordination with the Secretary of Homeland Security,
including protections from the public release of proprietary
information or security sensitive information (as defined in
section 15.5 of title 49, Code of Federal Regulations), to
prevent the release to unauthorized persons any electronic
train consist information or advanced notification or
information provided by Class I railroads under this section.
``(c) Rule of Construction.--Nothing in this section may be
construed to prohibit a Class I railroad from voluntarily entering into
a memorandum of understanding with a State emergency response
commission or an entity representing or including first responders,
emergency response officials, and law enforcement personnel.
``(d) Safety Improvements.--Not later than 1 year after the date of
the enactment of the Railway Safety Act of 2026, the Secretary shall
evaluate and update, to the extent necessary for safety and in
compliance with Executive Order 12866 (5 U.S.C. 601 note; relating to
regulatory planning and review), the operational requirements for high-
hazard trains to ensure the safe transportation of hazardous materials
by rail, including--
``(1) preventing the placement of blocks of empty railcars
in locations within the consist of the train that increase the
chance or severity of a derailment; and
``(2) requirements for an adequate number of buffer cars
between a locomotive or railcar and tank cars transporting
hazardous materials.
``(e) Hazardous Materials Emergency Response Plans.--
``(1) Plan contents.--The Secretary shall promulgate
regulations, in compliance with Executive Order 12866,
requiring all Class I railroads that operate high-hazard trains
to submit to the Secretary hazardous materials emergency
response plans that are consistent with the format of the
National Response Team `One Plan'. Such plans shall include--
``(A) consideration of potential hazardous
materials release for material toxic or poisonous by
inhalation that the railroad is transporting;
``(B) identification of the railroad's hazardous
materials response teams that can quickly respond to a
release or potential release within a reasonable amount
of time;
``(C) identification of the equipment and resources
available to the hazardous materials response teams;
``(D) organizational charts for the hazardous
materials response teams; and
``(E) plans to facilitate hazardous materials
release liability claims.
``(2) Coordination.--Railroads shall coordinate with
relevant States and Tribes when creating the plans required
under paragraph (1).
``(3) Triennial review.--Not later than 1 year after a
Class I railroad submits a hazardous materials emergency
response plan pursuant to paragraph (1), and on a triennial
basis thereafter, the Secretary shall review such plan. If the
Secretary identifies deficiencies during such review, the
Secretary shall describe the nature of any deficiencies and
allow for correction.
``(4) Verification.--The Secretary shall periodically audit
a railroad's hazardous materials emergency response plan.''.
(b) Clerical Amendment.--The analysis in chapter 201 of title 49,
United States Code, is amended by striking the item relating to section
20155 and inserting the following:
``20155. High-hazard trains.''.
SEC. 103. ENSURING THE SAFETY OF LONG TRAINS.
(a) Reviewing and Updating Safety Regulations.--Not later than one
year after the date of the enactment of this Act, the Secretary shall--
(1) evaluate any safety concerns identified in the
Comptroller General's report titled ``Freight Trains Are
Getting Longer, and Additional Information Is Needed to Assess
Their Impact'' (GAO-19-443) and in the report required under
section 22422(d) of the Passenger Rail Expansion and Rail
Safety Act of 2021 (title II of division B of Public Law 117-
58); and
(2) if the Secretary considers it necessary for safety and
compliance with Executive Order 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review), address such
concerns by updating existing safety regulations to ensure the
safe transportation of goods and passengers by rail, taking
into account the impact that train length and weight have on
the safe transportation of high-hazard trains.
(b) Report.--Not later than 3 years after the date of the enactment
of this Act, if the Secretary has not updated any regulation under
subsection (a), the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a
report that justifies such inaction.
(c) Reporting Requirement.--
(1) In general.--The Secretary shall revise the existing
railroad accident or incident reporting forms to require
railroads to report the weight trailing tonnages of any train
involved in a reportable accident or incident.
(2) Publication.--The Administrator of the Federal Railroad
Administration shall publish on its Rail Safety Data website a
summary of all reportable incidents and accidents, categorized
by train length and weight.
SEC. 104. BLOCKED HIGHWAY-RAIL GRADE CROSSINGS.
(a) Study.--The Secretary shall seek to enter into an agreement
with the President of the National Academy of Sciences under which the
President of the National Academy shall--
(1) conduct a study of 20 most frequently blocked highway-
rail grade crossings in not fewer than 10 different States, as
determined by the Secretary based on--
(A) Federal Railroad Administration data;
(B) the work experience of the Office of Railroad
Safety's Grade Crossing and Trespasser Outreach
Division;
(C) data from the blocked highway-rail grade
crossing portal; and
(D) geographic diversity; and
(2) provide recommendations to the Secretary for solutions
in preventing or reducing occurrences or repeated occurrences
where highway-rail grade crossings are blocked for extended
periods.
(b) Members.--In establishing the membership to conduct the study
described in subsection (a)(1), the President of the National Academy
of Sciences shall appoint not fewer than 3 members of the National
Academy who--
(1) are engineering or rail experts;
(2) are not railroad carriers, or entities funded by
railroad carriers;
(3) have relevant experience in railroad safety technology
or railroad operating experience; and
(4) have no financial ties to the rail industry.
(c) Elements.--The study conducted pursuant to subsection (a)(1)
shall--
(1) examine any potential impacts to railroad and community
safety due to blocked highway-rail grade crossings;
(2) identify potential financial impacts incurred by the
railroad or its customers due to blocked crossings;
(3) identify potential freight network efficiency impacts
due to solutions that will reduce or eliminate the impacts of
blocked crossings;
(4) examine community impacts that result from blocked
crossings;
(5) examine causes for blocked crossings; and
(6) identify practical solutions to prevent blocked
crossings.
(d) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that contains the results of the study conducted by the National
Academy of Sciences pursuant to this section.
(e) Funding.--From the amounts appropriated for fiscal year 2024 to
carry out section 20108 of title 49, United States Code, that remain
unobligated, the Secretary shall expend such sums as may be necessary,
but not more than $2,000,000, to carry out the study required under
this section.
(f) Railroad Crossing Elimination Program.--Section 22909 of title
49, United States Code, is amended--
(1) in subsection (f)(2)(C)--
(A) in clause (i), by striking ``; or'' and
inserting a semicolon;
(B) in clause (ii), by striking the semicolon and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) a bus route to a school or within 1
mile of a school;''; and
(2) in subsection (g)--
(A) by striking ``Except'' and inserting the
following:
``(1) In general.--Except''; and
(B) by adding at the end the following:
``(2) Certain bus routes.--The Federal share of the cost of
a project given additional consideration under subsection
(f)(2)(C)(iii) may not exceed 85 percent.''.
(g) Railroad Point of Contact for Blocked Crossings.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, each railroad carrier shall
establish and maintain a toll-free telephone service for
rights-of-way over which the railroad carrier dispatches trains
to directly receive calls reporting blocked highway-rail grade
crossings.
(2) Use of existing number.--A railroad carrier may comply
with the requirement under subsection (a) by using the
telephone number that is being used to comply with section
20152(a)(1) of title 49, United States Code.
(3) Publicly available.--Each railroad carrier subject to
this subsection shall notify the Secretary of the telephone
number referred to in paragraph (1) or (2), who shall post such
number on a publicly available website of the Department of
Transportation.
(4) Waiver.--The Secretary may waive the requirement that
the telephone service be toll-free for Class II and Class III
rail carriers if the Secretary determines that toll-free
service would be cost prohibitive or unnecessary.
SEC. 105. INSPECTIONS.
(a) Time Available for Inspection.--
(1) In general.--Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 20172. Time available for inspection
``(a) In General.--No railroad may limit the time required for an
employee to complete a railcar, locomotive, or brake inspection to
ensure that each railcar, locomotive, and brake system complies with
safety laws and regulations.
``(b) Requirement.--Employees shall perform their inspection duties
promptly and shall not delay other than for reasons related to
safety.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 201 of title 49, United States Code, is amended by
adding at the end the following:
``20172. Time available for inspection.''.
(b) Pre-Departure Railcar Inspections.--Not later than 120 days
after the date of the enactment of this Act, the Secretary shall amend
the pre-departure inspection requirements for Class I railroads under
part 215 of title 49, Code of Federal Regulations (as written on such
date of enactment)--
(1) to ensure that after initial consultation with the
Federal Railroad Administration, and after each subsequent
annual consultation, each railroad identifies inspection
locations and, at such locations, has inspectors designated
under section 215.11 available for the purpose of inspecting
freight cars;
(2) to ensure that all freight cars are inspected by an
inspector designated under section 215.11 at a designated
inspection location in the direction of travel as soon as
practicable; and
(3) to require each railroad that operates railroad freight
cars to which such part 215 applies to designate persons
qualified to inspect railroad freight railcars, subject to any
existing collective bargaining agreement, for compliance and
determinations required under such part.
(c) Periodic Railcar Inspections.--
(1) Freight car periodic inspections.--Not later than 1
year after the date of the enactment of this Act, the Secretary
shall issue regulations amending part 215 of title 49, Code of
Federal Regulations to create minimum requirements for the
periodic inspection of freight cars.
(2) Requirements.--The regulations issued pursuant to
paragraph (1) shall--
(A) consider the periodic inspection requirements
applicable to locomotives under part 229 of title 49,
Code of Federal Regulations, and to passenger cars
under part 238 of such title;
(B) establish inspection intervals and criteria,
taking into account differences in the utilization and
service to which freight cars are put and other factors
as appropriate, including ownership of the cars,
provided that--
(i) initial inspections shall be performed
within a reasonable period, as determined by
the Secretary, which period shall not be
shorter than 6 years after the issuance of
regulations pursuant to paragraph (1);
(ii) after the initial inspections required
under clause (i), periodic inspections shall be
required not more frequently than once every 5
years; and
(iii) if a freight car is not at a suitable
location for safely performing a periodic
inspection on the date such inspection is
required under this subsection, or if the
freight car is not on a Class I railroad, the
freight car may be moved to the next forward
location suitable for safely performing the
inspection on a Class I railroad;
(C) provide that periodic inspections may be
performed in conjunction with any other inspections or
tests required under chapter I or II of subtitle B of
title 49, Code of Federal Regulations;
(D) ensure that periodic inspections are performed
only where adequate facilities are available for safely
inspecting all components of freight cars; and
(E) require that Class I railroads use inspectors
designated under section 215 of title 49, Code of
Federal Regulations, to perform periodic inspections
pursuant to this subsection and that their primary
responsibility is the inspection, testing, maintenance,
or repair of freight cars or their components.
(d) Qualified Locomotive Inspections.--Not later than 1 year after
the date of the enactment of this Act, the Secretary shall review and
amend, as necessary, regulations under chapters 229 and 243 of title
49, Code of Federal Regulations--
(1) to ensure appropriate training qualifications and
proficiency of employees, including qualified mechanical
inspectors, performing locomotive inspections; and
(2) for locomotives in service on a Class I railroad, to
require an additional daily inspection to be performed by a
qualified mechanical inspector between the current intervals
under section 229.23(b)(2) of title 49, Code of Federal
Regulations.
(e) 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 railcar, locomotive, and train brake system
inspection compliance with chapter II of subtitle B of title
49, Code of Federal Regulations, which--
(A) consider whether the railroad has in place
procedures necessary for railcar, locomotive, and train
brake system inspection compliance under such chapter;
(B) assess the type, content, and adequacy of
training and performance metrics the railroad provides
employees who perform railcar, locomotive, and train
brake system inspections, including the qualifications
specified for such employees;
(C) determine whether the railroad has practices
that would interfere with an employee's responsibility
to perform an inspection safely;
(D) determine whether railcars, locomotives, and
train brake systems are inspected on the railroad's
network in accordance with such chapter;
(E) involve proper communication of identified
defects to railroad personnel and make appropriate use
of remedial action reports to verify that repairs are
made;
(F) determine whether managers coerce employees to
sign off on any documents verifying an inspection or
repair of a railcar, locomotive, or train brake system;
(G) determine whether the railroad's inspection
procedures reflect the current operating practices of
the railroad carrier; and
(H) ensure that railroad inspection procedures only
provide for the use of persons permitted to perform
each relevant inspection under such chapter.
(2) Audit scheduling.--The Secretary may--
(A) schedule the audits required under paragraph
(1) to ensure that--
(i) every Class I railroad is audited not
less frequently than once every 5 years; and
(ii) a limited number, as determined by the
Secretary, of Class II and Class III railroads
are audited annually, provided that--
(I) no audit of a tourist, scenic,
historic, or excursion operation may be
required under this subsection; and
(II) no other Class II or III
railroad may be audited more frequently
than once every 5 years; 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 and procedures.--If,
during an audit required under this subsection, the auditor
identifies a deficiency in a railroad's procedures or practices
necessary to ensure compliance with chapter II of subtitle B of
title 49, Code of Federal Regulations, the railroad shall
eliminate such deficiency, after first being provided the
opportunity to address whether such a deficiency exists.
(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 employees of the railroad that conduct railcar,
locomotive, or train brake system inspections.
(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.
(f) Review of Regulations.--Not later than 5 years after the date
of the enactment of this Act, and periodically thereafter, the
Secretary shall determine whether any update to chapters I and II of
subtitle B of title 49, Code of Federal Regulations, is necessary to
ensure the adequacy of railcar, locomotive, and train brake system
inspections.
(g) 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 audits conducted
pursuant to subsection (e) during the most recently concluded
fiscal year;
(2) summarizes any updates made to chapter I or II of
subtitle B of title 49, Code of Federal Regulations, pursuant
to this section; and
(3) excludes any confidential business information or
sensitive security information.
(h) Rule of Construction.--Nothing in this section may be
construed--
(1) to provide the Secretary with any authority to
interpret, revise, alter, or apply a collectively bargained
agreement, nor any authority over collective bargaining,
collectively bargained agreements, or any aspect of the Railway
Labor Act (45 U.S.C. 151 et seq.);
(2) to alter the terms or interpretations of existing
collective bargaining agreements; or
(3) to abridge any procedural rights or remedies provided
under a collectively bargained agreement.
SEC. 106. EMERGENCY BRAKE SIGNALS.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Administrator of the Federal Railroad
Administration shall convene a meeting of the Railroad Safety Advisory
Committee for the purpose of considering a regulatory safety task on
the functioning of emergency brake signals.
(b) Purpose.--The Railroad Safety Advisory Committee shall
consider--
(1) the sufficiency of the regulations under part 232 of
title 49, Code of Federal Regulations, with regard to end-of-
train and head-of-train device communications;
(2) whether National Transportation Safety Board Safety
Recommendations R-20-028 and R-20-029 have been adequately
addressed;
(3) whether more frequent communication checks between a
head-of-train device and an end-of-train device would improve
rail safety; and
(4) whether repetition of the emergency brake signal
transmission until it is received by the end-of-train device
would improve rail safety.
(c) Recommendations and Work Plan.--Not later than 90 days after
the meeting is convened pursuant to subsection (a), a working group of
the Railroad Safety Advisory Committee should--
(1) develop initial recommendations with respect to the
matters considered under subsection (b); and
(2) complete a work plan for implementing such
recommendations.
SEC. 107. DEFECT DETECTION SYSTEMS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, as amended by section 105(a)(1), is further amended by
adding at the end the following:
``Sec. 20173. Defect detection systems
``(a) Definitions.--In this section:
``(1) Defect detection system.--The term `defect detection
system' means the use of defect detectors, the analysis of the
data defect detectors produce, and any other aspects a system
that help railroads identify and understand the severity of
known safety conditions.
``(2) Defect detector.--The term `defect detector' means
any device or equipment situated within the rail system that
can detect and communicate a potential or known safety
condition.
``(3) High-hazard train.--The term `high-hazard train' has
the meaning given such term in section 20155(a)(5).
``(4) Main line.--The term `main line' means--
``(A) a segment or route of railroad tracks--
``(i) over which 5,000,000 or more gross
tons of railroad traffic is transported
annually; and
``(ii) that has a maximum authorized speed
for freight trains in excess of 25 miles per
hour; and
``(B) intercity rail passenger transportation or
commuter rail passenger transportation routes or
segments over which high-hazard trains operate.
``(5) Physical characteristics.--The term `physical
characteristics' means the physical terrain and operating
considerations related to the physical terrain for the relevant
main line.
``(b) Defect Detector Analysis Program.--The Secretary shall
develop a program for the research, development, testing, and
evaluation of defect detector systems to inform and support the
rulemaking required under subsection (d) and the evaluation of plans
under subsection (c), which shall include--
``(1) an evaluation of existing manufacturer recommended
practices, industry-developed voluntary consensus technical
standards, and railroad safety data to inform appropriate
standards for commercially available defect detector systems
and ensure the integrity and reliability of their use on the
general railroad system, including standards relating to--
``(A) maintenance;
``(B) testing;
``(C) inspection; and
``(D) installation;
``(2) an assessment of existing alert thresholds and
trending algorithms to determine appropriate metrics and levels
to ensure that defect detector systems identify unsafe
equipment or operations in time to take appropriate safety
actions;
``(3) an evaluation of existing processes and procedures
for decision-making and communication of appropriate safety
actions necessary to address unsafe equipment or operations,
including--
``(A) stoppage of rail equipment;
``(B) setting out rail equipment;
``(C) train speed reduction;
``(D) diverting a train; and
``(E) inspection requirements;
``(4) research to understand the capabilities and
limitations of existing technologies in use or developed to
better assess the plans required under the final rule issued
pursuant to subsection (c); and
``(5) research to understand new or developing
technologies.
``(c) Plan Elements.--
``(1) Risk-based.--Each defect detection system plan
required under the final rule issued pursuant to subsection (d)
shall be risk-based.
``(2) Contents.--Each plan referred to in paragraph (1)
shall include--
``(A) a summary of the railroad's proposed defect
detector network, including--
``(i) how the network will reduce the risk
of incidents near population centers and on
high-hazard train routes; and
``(ii) a description of how the network
will be implemented by the deadline set forth
in subsection (d)(1)(B); and
``(B) a description of how the railroad's defect
detection system meets or exceeds the defect detection
performance standards established pursuant to
subsection (d)(1)(D);
``(C) except as provided in paragraph (3), a risk-
based approach for identifying overheated wheel
bearings that require the placement of the types and
spacing of defect detectors--
``(i) for main lines traveling within an
urbanized area with a population of at least
75,000, at a distance that provides for any
train operating along the railroad's route to
undergo detection not less than 10 miles before
entering such an area;
``(ii) for main lines not equipped with
acoustic bearing detectors or other similar
technology, at a distance averaging 15 route
miles to the extent possible based on the
physical characteristics of the route; and
``(iii) for main lines equipped with
acoustic bearing detectors or other similar
technology, at a distance averaging 20 route
miles to the extent possible based on the
physical characteristics of the route along
which such detectors are being installed;
``(D) the types and spacing of other wayside defect
detectors required to be placed, to the extent such
detectors are utilized;
``(E) the manufacturer's expected performance for
each type of defect detector and how the carrier will
assess compliance with such performance;
``(F) procedures for promptly providing pertinent
safety alerts to train employees, including locomotive
engineers and conductors, train dispatchers, and
relevant maintenance employees;
``(G) the ability to share relevant safety data
from the defect detector network with other railroad
carriers and with railcar owners;
``(H) policies and procedures for training
employees regarding relevant elements of the defect
detector system, including--
``(i) persons whose duties include
installing, maintaining, repairing, modifying,
inspecting, reviewing data, and testing safety-
critical elements of the railroad's defect
detector, including central office, wayside, or
onboard subsystems;
``(ii) persons who receive and review
defect detector alerts; and
``(iii) persons who operate trains or serve
as a train or engine crew member;
``(I) policies for maintaining records regarding
the required elements of the rail defect detector
network for not less than 5 years, which shall not
include data on individual alerts; and
``(J) designs for the collection and analysis of
applicable alerts, thresholds, and corresponding safety
actions.
``(3) Alternative hot bearing detection plan.--
``(A) Submission.--A rail carrier may comply with
an alternative hot bearing detection plan instead of
the requirements described in paragraph (2)(C) if--
``(i) the rail carrier submits such plan to
the Secretary and the Secretary approves the
plan; and
``(ii) the plan provides an equivalent or
higher level of safety as the requirements
described in paragraph (2)(C).
``(B) Triennial reviews.--Not less frequently than
triennially, the Secretary shall review each
alternative plan approved pursuant to subparagraph (A)
to determine its continuing effectiveness at detecting
bearing-related defects.
``(d) Rulemaking.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the Railway Safety Act of 2026, the Secretary
shall initiate a rulemaking, and not later than 2 years after
such date of enactment, the Secretary shall issue a final rule,
in compliance with Executive Order 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review), that--
``(A) requires Class I railroads to submit, not
later than 1 year after the issuance of such final
rule, defect detector network plans that include the
elements described in subsection (c)(2);
``(B) requires the Class I railroads to implement
the plan required under subparagraph (A) not later than
3 years after the issuance of such final rule;
``(C) creates procedures to review, approve, and
monitor compliance of such plans;
``(D) establishes performance standards measured by
the ability of a defect detection system to identify
defects before a condition that is likely to result in
an accident or incident, including how such ability
will be measured and reported for data related to
requirements;
``(E) requires the reporting of data regarding the
defect defector network effectiveness, including defect
detector failures;
``(F) creates requirements for Class I railroads to
test, inspect, and maintain any defect detector based
on the evaluation completed pursuant to subsection
(b)(1); and
``(G) establish appropriate thresholds for alerts
and corresponding safety actions, to the extent
necessary.
``(2) Updated standards.--The performance standards
established pursuant to paragraph (1)(D) shall be updated not
less frequently than once every 5 years.
``(e) Updates and Approvals.--
``(1) Updates.--Each entity subject to the mandate in
subsection (a) shall update the plans required under subsection
(d)(1)(A)--
``(A) to reflect material changes to its railcar
defect detector network; or
``(B) to address changes made to the performance
standards pursuant to subsection (d)(2).
``(2) Approvals.--To ensure safety, the Secretary shall
promptly review each plan submitted pursuant to subsection
(d)(1)(A), against the performance standards established
pursuant to subsection (d)(1)(D), and approve or reject each
such plan.
``(3) Reviews for compliance.--Not less frequently than
biannually, the Secretary shall conduct reviews to ensure that
Class I railroads are complying with the plans required under
paragraph (1).
``(4) Public availability.--Not later than 60 days after
receipt, the Secretary shall make available to the public on
the website of the Department of Transportation any plan or
update submitted pursuant to this section, but the Secretary
shall redact--
``(A) proprietary information, as verified by the
Secretary; and
``(B) security-sensitive information, including
information described in section 1520.5(a) of title 49,
Code of Federal Regulations (or successor regulation),
as verified by the Secretary.
``(f) Enforcement.--The Secretary may assess a civil penalty under
chapter 213 of this title for a violation of a rule promulgated
pursuant to subsection (d) for--
``(1) each accident or incident on a route where the
railroad is noncompliant with the plan approved under
subsection (e)(2); and
``(2) failing to take any corresponding safety action to an
alert as set forth in the approved plan pursuant to subsection
(c)(2)(J).
``(g) Preservation of Authority.--Nothing in this section may be
construed to restrict the authority of the Secretary.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, as amended by section 105(a)(2),
is further amended by adding at the end the following:
``20173. Defect detection systems.''.
(c) Temporary Defect Detection Assistance.--
(1) Formula grant program.--The Administrator of the
Federal Railroad Administration shall establish a formula grant
program to assist commuter railroads with installing defect
detection technology.
(2) Eligible entities.--A commuter railroad that has a
contract with a Class I railroad, as of May 1, 2026, that
requires the commuter railroad to install defect detection
technology that complies with the approved plan submitted
pursuant to section 20173 of title 49, United States Code, as
added by subsection (a), is eligible to receive a grant under
this subsection.
(3) Formula.--Grant funding under this subsection shall be
allocated based on the number of defect detectors required to
be installed to comply with section 20173 of title 49, United
States Code.
(4) Requirements.--Any eligible entity that receives grant
funding under this subsection shall comply with the grant
conditions set forth in section 22909(j) of title 49, United
States Code.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Federal Railroad Administration such
amounts as may be necessary to carry out the formula grant
program under this subsection.
SEC. 108. SAFE FREIGHT ACT OF 2026.
(a) Short Title.--This section may be cited as the ``Safe Freight
Act of 2026''.
(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.--Except as provided in subsections (b) and
(c), a freight train operated by a Class I railroad may not 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.--
``(1) In general.--Except as provided in paragraph (2), the
requirement under subsection (a) shall not apply with respect
to--
``(A) train operations on track that is not a main
line (as defined in section 20173(a)(2));
``(B) 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;
``(C) locomotives that--
``(i) are not attached to any equipment or
are attached only to a caboose; and
``(ii) do not travel farther than 50 miles
from the point of origin of such locomotive;
and
``(D) train operations staffed with fewer than a 2-
person crew at least 1 year before the date of the
enactment of the Safe Freight Act of 2026, unless the
Secretary determines that such operations do not
achieve an equivalent level of safety as would result
from compliance with the requirement under subsection
(a).
``(2) Trains ineligible for exception.--The exceptions
under paragraph (2) may not be applied to--
``(A) a high-hazard train (as defined in section
20155(a)); or
``(B) a train consist with a total length of not
less than 7,500 feet.
``(c) Waiver.--A railroad carrier may seek a waiver of the
requirements under subsection (a) in accordance with section 20103(d).
``(d) Preservation of Authority.--Nothing in this section may be
construed to restrict the authority of the Secretary.''.
(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 safety standards.''.
SEC. 109. INCREASED PENALTIES FOR VIOLATIONS OF RAIL SAFETY
REGULATIONS.
(a) Railroad Safety Violations.--Section 21301(a) of title 49,
United States Code, is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) A person may not fail to comply with a requirement of, a
regulation prescribed under, or an order issued by the Secretary under
chapters 201 through 211. Subject to section 21304, a person violating
a requirement of, a regulation prescribed under, or an order issued by
the Secretary under chapters 201 through 211 is liable to the United
States Government for a civil penalty. An act by an individual that
causes a railroad carrier to be in violation constitutes a violation of
this paragraph. A separate violation occurs for each day such violation
continues.
``(2) The Secretary shall include in, or make applicable to, each
requirement of, regulation prescribed under, and order issued under
chapters 201 through 211 a civil penalty for a violation of such
requirement, regulation, or order in an amount equal to--
``(A) not less than $5,000 and not more than $1,000,000; or
``(B) if the person committing such violation is a small
business concern (as such term is used in part 121 of title 13,
Code of Federal Regulations (or a successor regulation)),
including a Class III railroad, not less than $1,000 and not
more than $200,000.'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively;
(3) by inserting after paragraph (2) the following:
``(3) If a violation described in paragraph (1) results in death,
serious illness, or severe injury to any person, causes an imminent
hazard of death or injury, or results in the substantial destruction of
property, the Secretary may increase the civil penalty required under
paragraph (2) to--
``(A) a maximum of $5,000,000; or
``(B) if the person committing such violation is a small
business concern (as such term is used in part 121 of title 13,
Code of Federal Regulations (or a successor regulation)), a
maximum of $500,000.
``(4) The Secretary may double the civil penalty otherwise required
under paragraph (2) or (3) if the violation follows a pattern of
repeated violations or otherwise reflects a deliberate indifference or
conscious disregard to the consequences of the conduct.''; and
(4) in paragraph (6), as redesignted by paragraph (2), by
adding at the end ``Such civil action may be brought in the
judicial district in which the violation occurred or in which
the defendant has its principal executive office. If the civil
action is against an individual, the action may also be brought
in the judicial district in which such individual resides.''.
(b) Hours of Service Violations.--Section 21301 of title 49, United
States Code, is amended by adding at the end the following:
``(d) Additional Provisions Related to Violations of Chapter 211.--
(1) In any proceeding involving a violation of chapter 211, or a
violation of a regulation or order issued pursuant to such chapter, a
railroad carrier is deemed to have knowledge of the acts of its
officers and agents.
``(2) A civil action involving a violation of chapter 211, or a
violation of a regulation or order issued pursuant to such chapter,
shall be brought in an appropriate district court of the United States
not later than--
``(A) 2 years after the date of such violation; or
``(B) if the person committing the violation received
notice under section 3711 of title 31 prior to the date
described in subparagraph (A), the last day of the 5-year
period specified in section 2462 of title 28.
``(3) A separate violation of section 21106 occurs for each day
employee sleeping quarters are not in compliance with the requirements
under such section.
``(4) Notwithstanding any other provision of law, including the
Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C.
2461 note), the inflation adjustment--
``(A) for minimum penalty amounts amended by this section, and any
discretionary inflation adjustment of guideline penalty amounts by the
Secretary, shall be rounded to the nearest multiple of $100; and
``(B) for maximum penalty amounts amended by this section, shall be
rounded to the nearest multiple of $1,000.''.
(c) Repeal.--
(1) In general.--Chapter 213 of title 49, United States
Code, is amended by striking sections 21302 and 21303.
(2) Clerical amendment.--The analysis for chapter 213 of
title 49, United States Code, is amended by striking the items
relating to sections 21302 and 21303.
SEC. 110. SAFER TANK CARS.
(a) Class 3 Flammable Liquids Phase-Out Schedule.--Beginning on
December 31, 2027, no railroad tank car, regardless of its construction
date, may be used to transport Class 3 flammable liquids in packing
groups II and III (other than Class 3 flammable liquids listed in
paragraphs (1) and (2) of section 7304(b) of the Hazardous Materials
Transportation Safety Improvement Act of 2015 (49 U.S.C. 20155 note)),
regardless of the composition of the train consist, unless such tank
car meets or exceeds the DOT-117, DOT-117P, or DOT-117R specifications
(as in effect on the date of the enactment of this Act), including DOT-
105A, DOT-105H, DOT-105J, DOT-105S, DOT-112H, DOT-112S, DOT-112J, DOT-
120J, and DOT-120S tank cars.
(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 deadline or
requirement that is 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.
(c) Amending the Phase-Out Date.--If the Secretary, based on the
data contained in the report issued pursuant to subsection (d),
determines that the phase-out date under subsection (a) cannot be met
due to insufficient manufacturing capacity or would otherwise result in
significant impacts to interstate commerce, the Secretary shall delay
the phase-out scheduled under subsection (a) to December 31, 2028.
(d) GAO Review.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall issue a report to the Secretary, the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
that--
(1) identifies the manufacturing capacity of tank car
manufacturers in North America, that manufacture tank cars to
meet DOT-117 and DOT-117P specification requirements;
(2) identifies the retrofit capacity of tank car
manufacturers and other entities in North America that can
retrofit DOT-111 tank cars to meet DOT-117R specification
requirements;
(3) estimates the schedule of replacing tank cars currently
in service that are reaching the end of their life cycle;
(4) identifies the number of tank cars that need to be
phased out or retrofitted under subsection (a) and the number
that could be retrofitted; and
(5) estimates the demand for new tank cars.
SEC. 111. RAIL SAFETY INFRASTRUCTURE RESEARCH AND DEVELOPMENT GRANTS.
(a) Research Requirement.--The Administrator of the Federal
Railroad Administration shall award grants to eligible recipients
described in section 22907(b) of title 49, United States, in accordance
with the restrictions and limitation on eligibility described in such
section, for research and development of defect detectors and the
prevention of derailments of trains transporting hazardous materials.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Federal Railroad Administration $25,000,000, which
shall be used for the grants authorized under subsection (a) and shall
remain available until expended.
SEC. 112. AUTHORIZATION OF APPROPRIATIONS FOR TANK CAR RESEARCH AND
DEVELOPMENT.
There is authorized to be appropriated to the Administrator of the
Pipeline and Hazardous Materials Safety Administration, $5,000,000,
which shall be used for expenses relating to the development of--
(1) stronger, safer tank cars and valves for tank cars; and
(2) other tank car safety features.
SEC. 113. FEDERAL RAILROAD ADMINISTRATION SAFETY CULTURE.
(a) Review.--Not later than 1 year after the date of the enactment
of this Act, the Inspector General of the Department of Transportation
shall--
(1) conduct a review of the Federal Railroad
Administration's safety culture using the framework developed
by the Nuclear Energy Agency of the Organisation for Economic
Co-operation and Development; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that includes recommendations for improving the
Federal Railroad Administration's safety culture.
(b) Considerations.--As a part of the review conducted pursuant to
subsection (a)(1), the Inspector General shall consider the impacts of
the Federal Railroad Administration's--
(1) reorganization of its safety offices and management
structure;
(2) reorganization of its policy and research offices; and
(3) telework policies, including any change in policies
since the beginning of the COVID-19 pandemic.
(c) Action Plan.--Not later than 1 year after the submission of the
report required under subsection (a)(2), the Secretary shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives and post on a public-facing website an action plan that
addresses the recommendations and findings made by the Inspector
General in such report.
SEC. 114. GAO REPORT ON ROADWAY WORKER PROTECTIONS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall--
(1) conduct a review of currently available technologies
for roadway workers (as defined in section 214.7 of title 49,
Code of Federal Regulations) with protection from the hazards
of being struck by a train or other on-track equipment in the
United States; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that summarizes the results of the
review conducted under subparagraph (a), including
recommendations, as the Comptroller General considers
appropriate.
(b) Contents.--The report submitted under subsection (a)(2) shall--
(1) describe the frequency, type, and causes of incidences
within the rail right-of-way associated with roadway workers
being struck by a train or other on-track equipment, based on
available data, including whether individuals were acting in
compliance with the applicable rules, policies, procedures, and
practices;
(2) describe the types of technologies referenced in
subsection (a)(1) that are designed to reduce risk of injury
and death when deployed as a secondary warning system to the
standard operating procedures of a rail carrier, including for
each technology--
(A) the primary function and features;
(B) the maturity, implementation readiness, and
user experience;
(C) the frequency of implementation;
(D) any costs, including up front and ongoing
maintenance costs, of the technology and other costs
associated with the technology;
(E) safety benefits associated with the technology
relative to current rules, policies, procedures, and
practices; and
(F) ability to enhance protections for roadway
workers without negatively impacting operational or
network efficiencies;
(3) discuss the potential for such technologies to reduce
or eliminate roadway worker accidents occurring within the rail
right-of-way;
(4) describe any challenges or barriers to adoption of such
safety technologies, including operational, technical, and
network efficiency challenges or barriers; and
(5) assess the cost-beneficial nature of utilizing such
technology as a secondary warning system.
SEC. 115. FEDERAL RAILROAD ADMINISTRATION SAFETY WORKFORCE MANAGEMENT.
Not later than 1 year after the date of the enactment of this Act,
the Inspector General of the Department of Transportation shall submit
a report to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives that contains the results of a review of
the Federal Railroad Administration Office of Railroad Safety inspector
and specialist staff resource management, including--
(1) an assessment of the changes in the number of Federal
Railroad Administration safety inspectors and specialists,
including--
(A) the number of safety inspector and specialist
vacancies at the time of the review;
(B) the number of such positions requested in each
of the budget requests for the last 10 fiscal years;
and
(C) the actual workforce levels during each of such
fiscal years;
(2) an assessment of geographic allocation plans, potential
hiring and time-to-hire challenges, expected retirement rates,
and recruitment and retention strategies;
(3) a description of any internal Federal Railroad
Administration goals for compliance inspection rates across the
network of regulated activities, and whether requested and
actual safety inspector and specialist workforce levels align
with such goals;
(4) whether the system used for the notification,
processing, or storing of civil penalty enforcement cases and
other compliance actions recommended by safety inspectors and
specialists against railroads, shippers of hazardous materials,
and other respondents effectively supports the Federal Railroad
Administration's compliance inspection and enforcement program;
(5) whether any macroeconomic or other conditions exist or
have existed under which it has been difficult for the Federal
Railroad Administration to fill safety inspector and specialist
vacancies, and the degree to which special rates of pay or
other recruitment and retention practices could ameliorate or
could have ameliorated such difficulty; and
(6) recommendations for any reforms that could--
(A) improve the recruitment, hiring, and retention
of Federal Railroad Administration safety inspectors
and specialists, including potential quality of life
and workplace improvements;
(B) improve Federal Railroad Administration
workforce management processes; or
(C) increase the capacity for inspection
activities, if such capacity is identified as
deficient, at the Federal Railroad Administration,
including activities relating to the transportation of
hazardous materials.
SEC. 116. OFFICE OF PERSONNEL MANAGEMENT REVIEW OF SAFETY INSPECTOR AND
SPECIALIST CLASSIFICATIONS.
(a) Revising Railroad Safety Series.--Not later than 270 days after
the date of the enactment of this Act, the Director of the Office of
Personnel Management shall--
(1) complete a review of the Railroad Safety Series, GS-
2121, TS-37; and
(2) subject to subsection (b), revise the series referred
to in paragraph (1), as appropriate, to reflect factors
impacting the Federal Railroad Administration's oversight of
the railroad industry, including--
(A) current critical Federal Railroad
Administration disciplines; and
(B) technological advancements and operational
conditions within the railroad industry.
(b) Report.--Not later than 30 days after completing the review
required under subsection (a), if the Director determines that a
revision of the Railroad Safety Series is not appropriate, the Director
shall submit a report to theCommittee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives
that--
(1) explains the findings of the review required under
subsection (a); and
(2) justifies the determination not to make revisions to
the Railroad Safety Series.
SEC. 117. ALCOHOL AND DRUG TESTING.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Transportation shall amend part 219 of title 49, Code
of Federal Regulations, to require any employee who, on behalf of a
railroad, inspects locomotives, passenger cars, railcars, or other on-
track equipment, to be subject to the breath or body fluid testing
required under subparts C, D, and E of such part.
TITLE II--HAZARDOUS MATERIALS EMERGENCY RESPONSE AND PREPAREDNESS
SEC. 201. HAZARDOUS MATERIALS REGISTRATION FEES.
Section 5108(g) of title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``(1) The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(2) by striking paragraph (2) and inserting the following:
``(2)(A) In addition to a fee established under paragraph
(1), the Secretary shall establish and impose by regulation and
collect an annual fee.
``(B) Subject to subparagraph (C), the fee established under
subparagraph (A) shall be--
``(i) not less than $250 but not more than $500 from each person
that--
``(I) is required to file a registration statement under
this section; and
``(II) is identified as a small business (within the
meaning of part 121 of title 13, Code of Federal Regulations
(or successor regulations)); and
``(ii) not less than $500 but not more than $5,000 from each person
that--
``(I) is required to file a registration statement under
this section; and
``(II) is not identified as a small business (within the
meaning of part 121 of title 13, Code of Federal Regulations
(or successor regulations)).
``(C) The Secretary shall adjust the amount being collected under
this paragraph to reflect any unexpended balance in the account
established under section 5116(h) of this title. However, the Secretary
is not required to refund any fee collected under this paragraph.
``(D) The Secretary shall transfer to the Secretary of the Treasury
amounts the Secretary of Transportation collects under this paragraph
for deposit in the Hazardous Materials Emergency Preparedness Fund
established under section 5116(h) of this title.''.
SEC. 202. VIRTUAL TRAINING OPTIONS.
Section 5115(b)(1) of title 49, United States Code, is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon at the end; and
(2) by adding at the end the following:
``(D) recommendations for the development of
courses described in subparagraph (B) that have been
adapted for virtual learning and any courses for which
the Secretary has recommended adaptation to provide
virtual options, subject to the condition that the
Secretary ensures that the virtual options recommended
will provide an equivalent level of training as in-
person courses; and''.
SEC. 203. HAZARDOUS MATERIALS TRANSPORTATION EMERGENCY RESPONSE AND
PREPAREDNESS GRANTS.
(a) In General.--Section 5116 of title 49, United States Code, is
amended--
(1) by striking the section designation and heading and
inserting the following:
``Sec. 5116. Hazardous materials transportation emergency response and
preparedness'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (C)--
(I) by striking ``public sector
employees'' and inserting ``emergency
response personnel''; and
(II) by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(D) until September 31, 2031, to purchase personal
protective equipment, as determined by the Secretary, needed to
respond to a hazardous materials emergency response incident,
consistent with paragraph (7) and subject to the condition that
not more than 50 percent of the funds made available under this
subsection may be used for that purpose;
``(E) to conduct and organize simulated and field exercises
relating to hazardous materials transportation incidents; and
``(F) to develop a hazardous materials transportation
emergency response preparedness gap analysis in accordance with
paragraph (9).'';
(B) in paragraph (5)(A)--
(i) in clause (i), by striking ``public
sector employees being trained'' and inserting
``emergency response personnel being trained
virtually or in person'';
(ii) in clause (ii), by striking
``employees'' and inserting ``personnel'';
(iii) in clause (iii)--
(I) by striking ``employees'' and
inserting ``personnel''; and
(II) by striking ``; and'' and
inserting a semicolon; and
(iv) by adding at the end the following:
``(v) the costs of personnel needed to replace any
personnel being trained; and
``(vi) lost wages for any volunteer being trained,
up to a reasonable amount determined by the
Secretary;'';
(C) in paragraph (6)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) whether grant funds will be used to support the
ability of the United States Government to respond to hazardous
materials incidents near infrastructure commonly used to
transport hazardous materials;''; and
(ii) in subparagraph (B), by striking
``amounts'' and inserting ``number of
shipments'';
(D) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (8), respectively;
(E) by inserting after paragraph (4) the following:
``(5)(A) Subject to subparagraph (C), any State receiving a grant
under this subsection shall, not later than 180 days after receiving
the grant funds, make available to eligible local entities--
``(i) not less than 70 percent of the grant funds; or
``(ii) eligible services or activities described in
paragraph (1) having a value of not less than 70 percent of the
amount of the grant.
``(B) A State shall certify to the Secretary that the State has
made the distribution to eligible local entities required under
paragraph (1) by providing such information as the Secretary shall
require.
``(C)(i) The Governor of a State may request in writing that the
Secretary extend the period under subparagraph (A) for an additional
period of time.
``(ii) The Secretary may approve a request under clause (i) if the
Secretary determines that the delay in providing grant funding to
eligible local entities pursuant to the extension is necessary to
promote effective investments to prepare for or respond to hazardous
materials transportation incidents.
``(D) Subparagraph (A) shall not apply to Tribes, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, or the Virgin
Islands.
``(E) An eligible local entity may petition the Secretary to
request that grant funds be provided by the Secretary directly to the
eligible local entity if a State fails to apply for a grant under this
subsection.
``(F) In making grant funds available to eligible local entities
under subparagraph (A), States shall consider whether the eligible
local entity has a high proportion of volunteer emergency responders.
``(G) For purposes of this paragraph, the term `eligible local
entity' means any of the following:
``(i) A political subdivision of a State.
``(ii) A public emergency response organization.'';
(F) by inserting after paragraph (6) (as so
redesignated) the following:
``(7) A recipient of funds provided under this subsection may use
the funds to purchase personal protective equipment only if the
recipient agrees to properly maintain and store that personal
protective equipment.''; and
(G) by inserting after paragraph (8) (as so
redesignated) the following:
``(9)(A) Each hazardous materials transportation emergency response
preparedness gap analysis developed pursuant to paragraph (1)(F) shall
include--
``(i) an identification of gaps and limitations of the
hazard response program of the applicable jurisdiction,
including--
``(I) knowledge and personal protective equipment
gaps; and
``(II) gaps in training, including Incident Command
Management training and ASTM Standard E3241 training;
and
``(ii) a strategic plan to address the gaps and limitations
identified under clause (i).
``(B) In developing a hazardous materials transportation emergency
response preparedness gap analysis pursuant to paragraph (1)(F), the
entity preparing the analysis shall--
``(i) coordinate with Regional Response Teams (as described in
section 300.115 of title 40, Code of Federal Regulations (or a
successor regulation));
``(ii) include States, Tribes, hazardous materials emergency
response programs, local governments, and emergency response personnel
(including fire service organizations) in that development, as
appropriate; and
``(iii) provide an opportunity for States, Tribes, hazardous
materials emergency response programs, local governments, and emergency
response personnel (including fire service organizations) to review and
comment on the analysis before the analysis is published.'';
(3) in subsection (d)--
(A) in the second sentence, by striking ``Amounts''
and inserting the following:
``(2) Certain amounts.--Amounts'';
(B) in the first sentence, by striking ``A grant
under this section is for 80 percent of the cost the
State or Indian tribe incurs'' and inserting the
following:
``(1) In general.--A grant under this section is for 90
percent of the costs incurred by a State, or 100 percent of the
costs incurred by a Tribe,''; and
(C) by adding at the end the following:
``(3) In-kind contributions.--For purposes of this
subsection, the contributions of a State or Tribe toward the
costs of an activity funded by a grant under this section may
be in the form of in-kind contributions.'';
(4) by amending subsection (h) to read as follows:
``(h) Annual Registration Fee Account and Its Uses.--
``(1) In general.--The Secretary of the Treasury shall
establish an account in the Treasury (to be known as the
`Hazardous Materials Emergency Preparedness Fund') into which
the Secretary of the Treasury shall deposit amounts the
Secretary of Transportation transfers to the Secretary of the
Treasury under section 5108(g)(2)(D).
``(2) Uses.--Without further appropriation, amounts in the
account are available--
``(A) to make grants under this section and section
5107(e);
``(B) to monitor and provide technical assistance
under subsection (e);
``(C) to publish and distribute an emergency
response guide; and
``(D) to pay administrative costs of carrying out
this section and sections 5107(e) and 5108(g)(2),
except that not more than 4 percent of the amounts made
available from the account in a fiscal year may be used
to pay those costs.
``(3) Set aside.--
``(A) In general.--The amounts collected under
section 5123 shall be--
``(i) set aside for the purpose of carrying
out subsection (k); and
``(ii) available, without further
appropriation, for that purpose.
``(B) Application.--The set-aside described in
subparagraph (A)--
``(i) shall apply until the earliest date
on which the total amount set aside and
available for expenditure under that
subparagraph equals or exceeds $50,000,000; and
``(ii) after that date, shall apply to each
subsequent period--
``(I) beginning on a date on which
the total amount set aside and
available for expenditure under that
subparagraph is less than $20,000,000;
and
``(II) ending on the earliest
subsequent date on which the total
amount set aside and available for
expenditure under that subparagraph
equals or exceeds $50,000,000.'';
(5) by striking subsection (k) and inserting the following:
``(k) Reports.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
and make available to the public an annual report that--
``(1) includes information on the allocation and uses of
the grants made available under--
``(A) this section; and
``(B) subsections (e) and (i) of section 5107;
``(2) identifies the ultimate recipients of those grants;
``(3) identifies the amount of funding available for each
grant;
``(4) describes any unobligated balances, total annual
drawdown by each grantee, and recovered balances;
``(5) includes the amount of funding rescinded, by grant
recipient, for each grant; and
``(6) includes--
``(A) a detailed accounting and description of each
grant expenditure by each grant recipient, including
the amount of, and purpose for, each expenditure;
``(B) the number of persons trained under the grant
program, by training level;
``(C) a description of any personal protective
equipment purchased using grant funds;
``(D) an evaluation of the efficacy of each grant
program; and
``(E) any recommendations the Secretary may have
for improving such grant programs.''; and
(6) by striking ``tribes'' each place it appears and
inserting ``Tribes''.
(b) Assistance for Local Emergency Response Training.--Section
5116(j)(1)(A) of title 49, United States Code, is amended by striking
``liquids'' and inserting ``materials''.
(c) Authorization of Appropriations.--Section 5128(b) of title 49,
United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``Hazardous Materials Preparedness Fund'' and inserting
``Hazardous Materials Emergency Preparedness Fund'';
(2) in paragraph (3), by striking ``section 5116(h)(3);
and'' and inserting ``section 5116(h)(2)(C);''; and
(3) by striking paragraph (4) and inserting the following:
``(4) $4,000,000 to carry out section 5116(i); and
``(5) $1,000,000 to carry out section 5116(j).''.
(d) Clerical Amendment.--The analysis for chapter 51 of title 49,
United States Code, is amended by striking the item relating to section
5116 and inserting the following:
``5116. Hazardous materials transportation emergency response and
preparedness.''.
(e) Conforming Amendments.--
(1) Section 5102 of title 49, United States Code, is
amended by striking paragraph (6) and inserting the following:
``(6) `Indian tribe', `Indian Tribe', and `Tribe' have the
meaning given the term `Indian Tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).''.
(2) Section 5116(j)(3)(B) of title 49, United States Code,
is amended--
(A) in clause (iii), by striking ``subsection
(h)(3)'' and inserting ``subsection (h)(2)(C)''; and
(B) in clause (iv), by striking ``subsection
(h)(4)'' and inserting ``subsection (h)(2)(D)''.
(3) Section 5123 of title 49, United States Code, is
amended by striking subsection (g) and inserting the following:
``(g) Transfer of Amounts Collected.--Amounts collected under this
section shall be transferred to the Hazardous Materials Emergency
Preparedness Fund established under section 5116(h).''.
SEC. 204. EMERGENCY RESPONSE ASSISTANCE.
Section 5116 of title 49, United States Code, is amended--
(1) by redesignating subsection (k), as amended in section
203, as subsection (l);
(2) by inserting after subsection (j) the following:
``(k) Emergency Response Assistance.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means a--
``(i) State, territory, or Tribe;
``(ii) political subdivision of a State or
territory; or
``(iii) public emergency response
organizations.
``(B) Significant hazardous materials
transportation incident.--The term `significant
hazardous materials transportation incident' means an
incident that--
``(i) involves hazardous materials being
moved by a motor carrier or rail carrier;
``(ii) requires a response by not fewer
than 1 eligible entity for which the Secretary
estimates the costs to the eligible entity to
be not less than $15,000; and
``(iii) results in a serious injury,
fatality, or substantial property damage.
``(C) Substantial property damage.--The term
`substantial property damage' means damage to public or
private property or the environment (including clean up
costs) the Secretary reasonably estimates to be more
than $45,000.
``(2) Establishment of program.--Not later than 1 year
after the date of enactment of the Railway Safety Act of 2026,
the Secretary, in consultation with the Administrator of the
Federal Emergency Management Agency and the Administrator of
the Environmental Protection Agency, after providing an
opportunity for notice and comment, shall establish an
emergency response assistance program to provide immediate
financial assistance to communities responding to a significant
hazardous materials transportation incident.
``(3) Significant hazardous materials transportation
incident.--
``(A) In general.--The Secretary shall have the
authority to declare a significant hazardous materials
transportation incident.
``(B) Guidelines.--The Secretary shall establish
and publish guidelines to determine whether a
significant hazardous materials transportation incident
has occurred.
``(4) Release of funds.--
``(A) In general.--The Secretary shall immediately
make available from the amount set aside under
subsection (h)(3) in the Hazardous Materials Emergency
Preparedness Fund established under subsection (h)(1)
(referred to in this subsection as the `Fund') up to
$10,000,000 to quickly reimburse eligible entities that
responded to a significant hazardous materials
transportation incident if--
``(i) the Secretary declares the incident a
significant hazardous materials transportation
incident; and
``(ii) at least 14 days but not later than
21 days after the declaration of a significant
hazardous materials transportation incident,
the Secretary determines, in accordance with
paragraph (7), that the responsible party does
not have an acceptable reimbursement plan.
``(B) Additional funds.--In addition to any amounts
made available under subparagraph (A), the Secretary
shall make additional funding available from the amount
set aside under subsection (h)(3) in the Fund if the
Secretary determines that the additional funding is
necessary.
``(C) Authority.--The Secretary may make funds
available under this subsection if the Secretary
determines the responsible party is not complying with
its acceptable plan under paragraph (7).
``(5) Administration of funds.--The Secretary may provide
funds from the amount set aside under subsection (h)(3) in the
Fund to a State in which a hazardous materials transportation
incident occurred for the State to use and administer
reimbursements in accordance with this subsection, including by
providing funds to eligible entities.
``(6) Use of funds.--
``(A) In general.--Funds made available under
paragraph (4) or (5) may be used only--
``(i) for the cost of replacing personal
protective equipment that is damaged,
contaminated, or otherwise rendered unusable as
a result of the response of the eligible entity
to a significant hazardous materials
transportation incident;
``(ii) for overtime pay of employees of
eligible entities that responded to the scene
of a significant hazardous materials
transportation incident;
``(iii) for operational costs exceeding
standard operating expenses that are directly
related to the cost of responding to the
significant hazardous materials transportation
incident, such as the costs of running a
supplementary emergency response center;
``(iv) for the cost of providing baseline
health care assessments to emergency response
personnel who responded to the significant
hazardous materials transportation incident,
but not more than $1,000 per person, which
shall be adjusted annually for inflation; and
``(v) to reimburse an eligible entity for
an eligible cost described in any of clauses
(i) through (iv) that is incurred within 30
days of the date of a significant hazardous
materials transportation incident.
``(B) Documentation of costs.--Not later than 1
year after the date on which the Secretary declares a
significant hazardous materials transportation incident
for which an eligible entity receives assistance under
this subsection, the eligible entity shall submit to
the Secretary documentation for each item for which
that assistance was used pursuant to the eligible uses
of funds described in subparagraph (A).
``(C) Misuse of funds.--If the Secretary determines
that an eligible entity has used assistance received
under this subsection in a manner that violates
subparagraph (A) or any other provision of this
subsection, the eligible entity shall reimburse the
Fund (if the assistance was provided from the Fund) or
the responsible party (if the assistance was provided
by the responsible party), for the amount of that
assistance.
``(7) Acceptable plan.--
``(A) In general.--For purposes of paragraph
(4)(A)(ii), the Secretary shall consider a
reimbursement plan of a responsible party to be
acceptable if the plan seeks to review and process
claims made by eligible entities for the costs
described in paragraph (6) not later than 90 days after
the date of the significant hazardous materials
transportation incident.
``(B) Advance submission; certain plans.--
``(i) Advance submission.--A plan to
provide reimbursement to eligible entities in
accordance with subparagraph (A) may be
submitted to the Secretary for approval in
advance of any significant hazardous materials
transportation incident to which the plan might
apply.
``(ii) Certain plan.--A hazardous materials
emergency response plan approved by the
Secretary in accordance with section 20155(e)
shall be considered an acceptable plan for
purposes of this subsection.
``(8) Reimbursement by responsible party.--
``(A) In general.--Subject to subparagraph (F), the
party responsible for a significant hazardous materials
transportation incident shall be liable to the
Secretary for reimbursement of all amounts disbursed
from the Fund under this subsection for that
significant hazardous materials transportation
incident.
``(B) Requirement.--Any funding recovered by the
Secretary under this subsection shall be deposited back
into the Fund.
``(C) Notice.--After the Secretary has received the
documented costs under paragraph (6)(B), the Secretary
shall provide notice to the responsible party regarding
the total amount owed.
``(D) Final agency action.--Not later than 30 days
after the Secretary makes a determination of the amount
for which the responsible party is liable under
subparagraph (A), the responsible party may challenge
that determination as a final agency action.
``(E) Civil action.--
``(i) In general.--The Attorney General may
bring a civil action in an appropriate district
court of the United States to collect unpaid
amounts under this paragraph and any accrued
interest on those amounts.
``(ii) Limitation on judicial review.--In a
civil action under clause (i), the amount for
which a responsible party is liable, as
determined by the Secretary, unless challenged
under subparagraph (D), shall not be subject to
judicial review.
``(F) Discretion.--If the responsible party is a
small business concern (within the meaning of part 121
of title 13, Code of Federal Regulations (or successor
regulations)) that is unable to fully reimburse the
Secretary, the Secretary shall have discretion with
respect to the amount of funds the Secretary requests
from the responsible party under this paragraph.
``(9) Streamlined application process.--The Secretary shall
streamline the application process for the receipt of funds
under this subsection, including by--
``(A) providing technical assistance to eligible
entities; and
``(B) creating a template that eligible entities
can use to apply for funding.
``(10) Savings provisions.--
``(A) Liability.--Nothing in this subsection
limits, or may be construed to limit, the liability of
a responsible party.
``(B) Reimbursement.--
``(i) In general.--A responsible party may,
in accordance with any other applicable law--
``(I) seek to establish that
another party was responsible, in whole
or in part (as such other law allows),
for the applicable significant
hazardous materials transportation
incident; and
``(II) seek reimbursement (to the
extent such other law allows) from that
other party.
``(ii) Effect of subsection.--Nothing in
this subsection limits, or may be construed to
limit, the ability of a responsible party to
seek reimbursement from any other party found
to be responsible in any civil action arising
from the applicable significant hazardous
materials transportation incident.
``(iii) Effect of determination.--A
determination by the Secretary that a party is
a responsible party for purposes of this
subsection shall not be considered or otherwise
have any effect with respect to the
determination of liability in any civil action
described in clause (ii).
``(iv) Effect of reimbursements and other
activities.--No activity taken under this
subsection to reimburse an eligible entity,
reimburse the Secretary, prepare or carry out a
reimbursement plan, or otherwise comply with or
make a payment under this subsection shall be
considered or otherwise have any effect with
respect to the determination of liability in
any civil action described in clause (ii).
``(11) Comptroller general report.--
``(A) In general.--Not later than September 30,
2027, the Comptroller General of the United States
shall submit to Congress a report on the effectiveness
this subsection.
``(B) Contents.--The report submitted under
subparagraph (A) shall include, at a minimum,
information on--
``(i) the number of significant hazardous
materials transportation incidents that
received funding under this subsection;
``(ii) the amount of financial assistance
the Secretary provided to eligible entities;
``(iii) the amount of financial assistance
responsible parties submitted to the Secretary
under paragraph (8);
``(iv) the amount of reimbursement the
Secretary received from eligible entities as
required under paragraph (6)(C);
``(v) whether the amounts provided by the
Secretary under this subsection adequately
reflect the amounts actually spent by the
eligible entities;
``(vi) whether the Secretary was able to
provide the financial assistance quickly enough
to the eligible entities so that the assistance
effectively supported the preparedness of the
eligible entities to respond to potential
future incidents; and
``(vii) any other factors the Comptroller
General of the United States considers to be
appropriate to review the effectiveness of this
subsection.''; and
(3) by adding at the end the following:
``(m) Definitions.--In this section:
``(1) Emergency response personnel.--The term `emergency
response personnel' means--
``(A) an employee of a State, territory, Tribe, or
political subdivision of a State; and
``(B) a person belonging to a public emergency
response organization.
``(2) Public emergency response organization.--
``(A) In general.--The term `public emergency
response organization' means--
``(i) a fire department that has an all-
paid force of firefighting personnel other than
paid-on-call firefighters;
``(ii) a fire department that has--
``(I) paid firefighting personnel;
and
``(II) volunteer firefighting
personnel;
``(iii) a nonaffiliated EMS organization;
and
``(iv) a fire department that has an all-
volunteer force of firefighting personnel.
``(B) Associated definition.--For purposes of
subparagraph (A)(iii), the term `nonaffiliated EMS
organization' means a public or private nonprofit
emergency medical services organization that--
``(i) is not affiliated with a hospital;
and
``(ii) does not serve a geographic area for
which the Secretary or a State finds that
emergency medical services are adequately
provided by a fire department.''.
<all>