[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3987 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3987
To amend title 49 to include certain requirements regarding visual
track inspections, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 2026
Ms. Baldwin (for herself and Mr. Hawley) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 49 to include certain requirements regarding visual
track inspections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Tracks Act''.
SEC. 2. TRACK INSPECTIONS.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following:
``SEC. 20172. PROTECTING VISUAL TRACK INSPECTIONS AND INCORPORATING
AUTOMATED TRACK INSPECTIONS.
``(a) Definitions.--In this section:
``(1) Class 1 track; class 2 track; class 3 track; class 4
track; class 5 track.--The terms `Class 1 track', `Class 2
track', `Class 3 track', `Class 4 track', and `Class 5 track'
have the meanings given such terms in section 213.9(a) of title
49, Code of Federal Regulations (as in effect on January 1,
2026).
``(2) Main line.--The term `Main line' has the meaning
given such term in section 236.1003 of title 49, Code of
Federal Regulations (as in effect on January 1, 2026).
``(3) Qualified inspector.--The term `qualified inspector'
means a person designated as a qualified person to inspect
track for defects under section 213.7(b) of title 49, Code of
Federal Regulations (as in effect on January 1, 2026).
``(4) Track geometry measurement system.--The term `Track
Geometry Measurement System' has the meaning given such term in
section 213.333 of title 49, Code of Federal Regulations (as in
effect on January 1, 2026).
``(b) Minimum Frequency for Visual Track Inspections.--All main
line track designated for operation at Class 3 speeds or higher under
section 213.9 of title 49, Code of Federal Regulations, shall be
subject to visual inspection not less frequently than twice each week,
with at least 1 calendar day interval between each inspections by a
qualified inspector.
``(c) Immediate Remediation of Safety Defects.--Any defect or
unsafe condition identified by any inspection, detection, or monitoring
method shall be corrected, protected, or removed from service
immediately upon detection, consistent with the requirements of part
213 of title 49, Code of Federal Regulations.
``(d) Remediation by Qualified Person.--If a qualified inspector
making track inspections finds a deviation from the requirements of
part 213 of title 49, Code of Federal Regulations, the qualified
inspector shall--
``(1) immediately initiate remedial action; and
``(2) have the sole authority to authorize any subsequent
movements to facilitate repairs on track that is out of
service.
``(e) Prohibition on Granting Waivers That Reduce Safety
Coverage.--Notwithstanding any other provision of law, including
section 20103 of this title, the Secretary of Transportation may not
grant a waiver, exemption, or modification of any safety regulation
issued under chapter II of subtitle B of title 49, Code of Federal
Regulations, if the proposed alternative inspection, detection, or
monitoring method fails to identify or detect all defect conditions
defined or recognized as unsafe under applicable Federal Railroad
Administration regulations.
``(f) Automated Track Inspection Requirements.--Not later than 1
year after the date of the enactment of this section, the Secretary
shall update subparts F and G of part 213 of title 49, Code of Federal
Regulations, to require that a qualifying Track Geometry Measurement
System (in this section referred to as `TGMS') operate over the
following track classifications at the following frequencies:
``(1) For operations at a qualified cant deficiency
(E<INF>u</INF>) of more than 5 inches on Classes 1 through 5
track, TGMS shall operate at least 4 times per calendar year
and at least 43 days shall elapse between TGMS inspections.
``(2) For Class 1 track, operating more than 15,000,000
gross tons annually, TGMS shall operate at least once per
calendar year and at least 170 days shall elapse between TGMS
inspections.
``(3) For Class 2 track--
``(A) operating less than 15,000,000 gross tons
annually, TGMS shall operate at least once per calendar
year and at least 170 days shall elapse between TGMS
inspections; and
``(B) operating more than 15,000,000 gross tons
annually, TGMS shall operate at least twice per
calendar year and at least 120 days shall elapse
between TGMS inspections.
``(4) For Class 3 track--
``(A) operating fewer than 15,000,000 gross tons
annually, TGMS shall operate at least twice per
calendar year and at least 120 days shall elapse
between TGMS inspections; and
``(B) operating more than 15,000,000 gross tons
annually, TGMS shall operate at least 3 times per
calendar year and at least 90 days shall elapse between
TGMS inspections.
``(5) For Class 4 track--
``(A) operating fewer than 15,000,000 gross tons
annually, TGMS shall operate at least 3 times per
calendar year and at least 90 days shall elapse between
TGMS inspections; and
``(B) operating more than 15,000,000 gross tons
annually, TGMS shall operate at least 4 times per
calendar year and at least 43 days shall elapse between
TGMS inspections.
``(6) For Class 5 track, TGMS shall operate at least 4
times per calendar year and at least 43 days shall elapse
between TGMS inspections.
``(7) For Class 6 and Class 7 track, TGMS shall operate at
least twice within any 120-day period and at least 25 days
shall elapse between TGMS inspections.
``(8) For Class 8 track, TGMS shall operate at least twice
within any 60-day period and at least 12 days shall elapse
between TGMS inspections.
``(9) For Class 9 track, TGMS shall operate at least twice
within any 30-day period and at least 6 days shall elapse
between TGMS inspections.
``(10) For crossovers where the track speed is more than 30
miles per hour, TGMS shall operate at least twice per calendar
year and at least 120 days shall elapse between TGMS
inspections.
``(g) Fixing Deviation Requirements.--Not later than 1 year after
the date of the enactment of this section, the Secretary shall update
part 213 of title 49, Code of Federal Regulations, to require that when
any inspection, whether done by a qualified inspector or by a machine
(including a TGMS machine), finds a deviation from the requirements of
this part, the qualified inspector or other authorized personnel shall
immediately remediate the deviation in accordance with part 213 of
title 49, Code of Federal Regulations.
``(h) Applicable Requirements.--The Secretary shall ensure that any
requirements under subparts F and G of part 213 of title 49, Code of
Federal Regulations, including section 213.333, generated by an update
to the regulations made pursuant to subsection (f) or subsection (g)
are applied to the applicable track Class.''.
(b) Clerical Amendment.--The analysis for chapter 201 of title 49,
United States Code, is amended by adding at the end the following:
``20172. Protecting visual track inspections and incorporating
automated track inspection.''.
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