S 576 — Railway Safety Act of 2023

(5) track standards;

(6) track, bridge, and rail car maintenance;

(7) signaling and train control;

(8) response plans;

and (9) any other requirements that the Secretary determines are necessary.

(d) High-Hazard Flammable Trains.--The Secretary may modify the safety requirements for trains subject to section 174.310 of title 49, Code of Federal Regulations, to satisfy, in whole or in part, the rulemaking required under subsection (a).

SEC.

RAIL CAR INSPECTIONS.INSPECTIONS.</DELETED> <DELETED> (a) Rulemaking.--</DELETED> <DELETED> (1) Inspection requirements.--Not later than 1 year after date of the enactment of this Act, the Secretary shall review and update, as necessary, applicable regulations under chapters I and II of subtitle B of title 49, Code of Federal Regulations--</DELETED> <DELETED> (A) to create minimum time requirements that a qualified mechanical inspector must spend when inspecting a rail car or locomotive;

(a)and</DELETED> Rulemaking.--<DELETED> (B) to ensure that all rail cars and locomotives in train consists that carry hazardous materials are inspected by a qualified mechanical inspector at intervals determined by the Secretary.</DELETED> <DELETED> (2) Abbreviated pre-departure inspection.--The Secretary shall immediately amend section 215.13(c) of title 49, Code of Federal Regulations (permitting an abbreviated pre- departure inspection procedure) with respect to rail cars in train consists carrying hazardous materials.</DELETED> <DELETED> (b) Audits.--</DELETED> <DELETED> (1) InspectionIn requirements.--Notgeneral.--Not later than 160 yeardays after the date of the enactment of this Act, the Secretary shall reviewinitiate andaudits update,of asFederal necessary,rail applicablecar regulationsinspection underprograms, chapterssubject Ito andthe IIrequirements ofunder subtitlepart B215 of title 49, Code of Federal Regulations--Regulations, which--</DELETED> <DELETED> (A) toconsider createwhether minimumsuch timeprograms requirementsare thatin acompliance qualifiedwith mechanicalsuch inspectorpart must215;</DELETED> spend<DELETED> when(B) inspectingassess athe type and content of training and performance metrics that such programs provide rail car orinspectors;</DELETED> locomotive;<DELETED> (C) determine whether such programs provide inspectors with adequate time to inspect rail cars;</DELETED> <DELETED> (D) determine whether such programs reflect the current operating practices of the railroad carrier;

andand</DELETED> (B)<DELETED> to(E) ensure that allinspection railprograms carsare andnot locomotivesoverly inreliant on train consistscrews.</DELETED> that<DELETED> carry(2) hazardousAudit materialsscheduling.--The areSecretary inspectedshall-- by</DELETED> a<DELETED> qualified(A) mechanicalschedule inspectorthe ataudits intervalsrequired determinedunder byparagraph the(1) Secretary.to ensure that--</DELETED> <DELETED> (i) each Class I railroad is audited not less frequently than once every 5 years;

(2)and</DELETED> Abbreviated<DELETED> pre-departure(ii) inspection.--Thea Secretaryselect shallnumber, immediatelyas amenddetermined sectionby 215.13(c)the ofSecretary, title 49, Code of FederalClass RegulationsII (permittingand anClass abbreviatedIII pre-departurerailroads inspectionare procedure)audited withannually; respect to rail cars in train consists carrying hazardous materials.

(b)and</DELETED> Audits.--<DELETED> (1)(B) Inconduct general.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall initiate audits ofdescribed Federalin railsubparagraph car(A)(ii) inspectionin programs,accordance subjectwith--</DELETED> to<DELETED> (i) the requirementsSmall underBusiness partRegulatory 215Enforcement ofFairness titleAct 49, Code of Federal1996 Regulations,(5 which--U.S.C. (A) consider whether such programs are in compliance with such part 215;

(B)601 assessnote); the type and content of training and performance metrics that such programs provide rail car inspectors;

(C)and</DELETED> determine<DELETED> whether(ii) appendix C of part 209 of title 49, Code of Federal Regulations.</DELETED> <DELETED> (3) Updates to inspection program.--If, during an audit required under this subsection, the auditor identifies a deficiency in a railroad's inspection program, the railroad shall update the program to eliminate such programsdeficiency.</DELETED> provide<DELETED> inspectors(4) Consultation and cooperation.--</DELETED> <DELETED> (A) Consultation.--In conducting any audit required under this subsection, the Secretary shall consult with adequatethe timerailroad being audited and its employees, including any nonprofit employee labor organization representing the mechanical employees of the railroad.</DELETED> <DELETED> (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 inspectthis railsubsection--</DELETED> cars;<DELETED> (i) by providing any relevant documents requested;

(D)and</DELETED> <DELETED> (ii) by making available any employees for interview without undue delay or obstruction.</DELETED> <DELETED> (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.</DELETED> <DELETED> (c) Review of Regulations.--The Secretary shall triennially determine whether suchany programsupdate reflectto part 215 of title 49, Code of Federal Regulations, is necessary to ensure the currentsafety operatingof practicesrail cars transported by rail carriers.</DELETED> <DELETED> (d) Annual Report.--The Secretary shall publish an annual report on the public website of the railroadFederal carrier;Railroad Administration that--</DELETED> <DELETED> (1) summarizes the findings of the prior year's audits;</DELETED> <DELETED> (2) summarizes any updates made pursuant to this section;

andand</DELETED> (E)<DELETED> ensure(3) thatexcludes inspectionany confidential business information or sensitive security information.</DELETED> <DELETED> (e) Rule of Construction.--Nothing in this section may be construed--</DELETED> <DELETED> (1) to limit the deployment of pilot programs arefor notthe overlyinstallation, relianttest, onverification, and review of automated rail and train crews.inspection technologies;

or</DELETED> <DELETED> (2) Auditto scheduling.--Thedirect the Secretary shall--to (A)waive scheduleany theexisting auditsinspection requiredrequirements under paragraphchapter (1)I toor ensureII that--of (i)subtitle eachB Classof Ititle railroad49, isCode auditedof notFederal lessRegulations, frequentlyas thanpart onceof everypilot 5programs.</DELETED> years;<DELETED>SEC.

and5. (ii) a select number, as determined by the Secretary, of Class II and Class III railroads are audited annually;

DEFECT DETECTORS.</DELETED> <DELETED> (a) Rulemaking.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train consist carrying hazardous materials.</DELETED> <DELETED> (b) Requirements.--The regulations issued pursuant to subsection (a) shall include requirements regarding--</DELETED> <DELETED> (1) the frequency of the placement of wayside defect detectors, including a requirement that all Class I railroads install a hotbox detector along every 10-mile segment of rail track over which trains carrying hazardous materials operate;</DELETED> <DELETED> (2) performance standards for such detectors;</DELETED> <DELETED> (3) the maintenance and repair requirements for such detectors;</DELETED> <DELETED> (4) reporting data and maintenance records of such detectors;</DELETED> <DELETED> (5) appropriate steps the rail carrier must take when receiving an alert of a defect or failure from or regarding a wayside defect detector;

and</DELETED> <DELETED> (6) the use of hotbox detectors to prevent derailments from wheel bearing failures, including--</DELETED> <DELETED> (A) the temperatures, to be specified by the Secretary, at which an alert from a hotbox detector is triggered to warn of a potential wheel bearing failure;

and</DELETED> <DELETED> (B) any actions that shall be taken by a rail carrier upon receiving an alert from a hotbox detector of a potential wheel bearing failure.</DELETED> <DELETED> (c) Defect and Failure Identification.--The Secretary shall specify the categories of defects and failures that wayside defect detectors covered by regulations issued pursuant to subsection (a) shall address, including--</DELETED> <DELETED> (1) axles;</DELETED> <DELETED> (2) wheel bearings;</DELETED> <DELETED> (3) brakes;</DELETED> <DELETED> (4) signals;</DELETED> <DELETED> (5) wheel impacts;

and</DELETED> <DELETED> (6) other defects or failures specified by the Secretary.</DELETED> <DELETED>SEC.

6.

SAFE FREIGHT ACT OF 2023.</DELETED> <DELETED> (a) Short Title.--This section may be cited as the ``Safe Freight Act of 2023''.</DELETED> <DELETED> (b) Freight Train Crew Size.--Subchapter II of chapter 201 of title 49, United States Code, is amended by inserting after section the following:</DELETED> <DELETED>``Sec.

20154.

Freight train crew size safety standards</DELETED> <DELETED> ``(a) Minimum Crew Size.--No freight train may be operated without a 2-person crew consisting of at least 1 appropriately qualified and certified conductor and 1 appropriately qualified and certified locomotive engineer.</DELETED> <DELETED> ``(b) Exceptions.--Except as provided in subsection (c), the requirement under subsection (a) shall not apply with respect to-- </DELETED> <DELETED> ``(1) train operations on track that is not a main line track;</DELETED> <DELETED> ``(2) a freight train operated--</DELETED> <DELETED> ``(A) by a railroad carrier that has fewer than 400,000 total employee work hours annually and less than $40,000,000 annual revenue (adjusted for inflation, as calculated by the Surface Transportation Board Railroad Inflation- Adjusted Index and Deflator Factor Table);</DELETED> <DELETED> ``(B) at a speed of not more than 25 miles per hour;

and</DELETED> <DELETED> ``(C) on a track with an average track grade of less than 2 percent for any segment of track that is at least 2 continuous miles;</DELETED> <DELETED> ``(3) locomotives performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain, including traveling to or from the location where assistance is provided;</DELETED> <DELETED> ``(4) locomotives that--</DELETED> <DELETED> ``(A) are not attached to any equipment or are attached only to a caboose;

and</DELETED> <DELETED> ``(B) do not travel further than 30 miles from the point of origin of such locomotive;

and</DELETED> <DELETED> ``(5) train operations staffed with fewer than a 2-person crew at least 1 year before the date of enactment of this section, if the Secretary determines that such operations achieve an equivalent level of safety as would result from compliance with the requirement under subsection (a).</DELETED> <DELETED> ``(c) Trains Ineligible for Exception.--The exceptions under subsection (b) may not be applied to--</DELETED> <DELETED> ``(1) a train transporting 1 or more loaded cars carrying material toxic by inhalation (as defined in section 171.8 of title 49, Code of Federal Regulations);</DELETED> <DELETED> ``(2) a train transporting--</DELETED> <DELETED> ``(A) 20 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid in a continuous block;

or</DELETED> <DELETED> ``(B) 35 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid throughout the train consist;

or</DELETED> <DELETED> ``(3) a train with a total length of at least 7,500 feet.</DELETED> <DELETED> ``(d) Waiver.--A railroad carrier may seek a waiver of the requirements under this section in accordance with section 20103(d).''.</DELETED> <DELETED> (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:</DELETED> <DELETED>``20154.

Freight train crew size.''.

<DELETED>SEC.

7.

INCREASING MAXIMUM CIVIL PENALTIES FOR VIOLATIONS OF RAIL SAFETY REGULATIONS.</DELETED> <DELETED> (a) Civil Penalties Related to Transporting Hazardous Materials.--Section 5123(a) of title 49, United States Code, is amended--</DELETED> <DELETED> (1) in paragraph (1), in the matter preceding subparagraph (A), by striking ``$75,000'' and inserting ``the greater of 0.5 percent of the person's annual income or annual operating income or $750,000'';

and</DELETED> <DELETED> (2) in paragraph (2), by striking ``$175,000'' and inserting ``the greater of 1 percent of the person's annual income or annual operating income or $1,750,000''.</DELETED> <DELETED> (b) General Violations of Chapter 201.--Section 21301(a)(2) of title 49, United States Code, is amended--</DELETED> <DELETED> (1) by striking ``$25,000.'' and inserting ``the greater of 0.5 percent of the person's annual income or annual operating income or $250,000'';

and</DELETED> <DELETED> (2) by striking ``$100,000.'' and inserting ``the greater of 1 percent of the person's annual income or annual operating income or $1,000,000''.</DELETED> <DELETED> (c) Accident and Incident Violations of Chapter 201;

Violations of Chapters 203 Through 209.--Section 21302(a) is amended-- </DELETED> <DELETED> (1) in paragraph (1), by striking ``203-209'' each place it appears and inserting ``203 through 209'';

and</DELETED> <DELETED> (2) in paragraph (2)--</DELETED> <DELETED> (A) by striking ``$25,000'' and inserting ``the greater of 0.5 percent of the person's annual income or annual operating income or $250,000'';

and</DELETED> <DELETED> (B) by striking ``$100,000'' and inserting ``the greater of 1 percent of the person's annual income or annual operating income or $1,000,000''.</DELETED> <DELETED> (d) Violations of Chapter 211.--Section 21303(a)(2) is amended--</DELETED> <DELETED> (1) by striking ``$25,000.'' and inserting ``the greater of 0.5 percent of the person's annual income or annual operating income or $250,000'';

and</DELETED> <DELETED> (2) by striking ``$100,000.'' and inserting ``the greater of 1 percent of the person's annual income or annual operating income or $1,000,000''.</DELETED> <DELETED>SEC.

8.

SAFER TANK CARS.</DELETED> <DELETED> (a) Phase-Out Schedule.--Beginning on May 1, 2025, a rail carrier may not use DOT-111 specification railroad tank cars that do not comply with DOT-117, DOT-117P, or DOT-117R specification requirements, as in effect on the date of enactment of this Act, to transport Class 3 flammable liquids regardless of the composition of the train consist.</DELETED> <DELETED> (b) Conforming Regulatory Amendments.--</DELETED> <DELETED> (1) In general.--The Secretary--</DELETED> <DELETED> (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</DELETED> <DELETED> (B) may not enforce any date-specific deadlines or requirements that are inconsistent with the requirement under subsection (a).</DELETED> <DELETED> (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.</DELETED> <DELETED>SEC.

9.

HAZARDOUS MATERIALS TRAINING FOR FIRST RESPONDERS.</DELETED> <DELETED> (a) Annual Registration Fee.--Section 5108(g) of title 49, United States Code, is amended by adding at the end the following:</DELETED> <DELETED> ``(4) Additional fee for class i rail carriers.-- In addition to the fees collected pursuant to paragraphs (1) and (2), the Secretary shall establish and annually impose and collect from each Class I rail carrier a fee in an amount equal to $1,000,000.''.</DELETED> <DELETED> (b) Assistance for Local Emergency Response Training.-- Section 5116(j)(1)(A) of title 49, United States Code, is amended-- </DELETED> <DELETED> (1) by striking ``liquids'' and inserting ``materials'';

and</DELETED> <DELETED> (2) in paragraph (3), by amending subparagraph (A) to read as follows:</DELETED> <DELETED> ``(A) In general.--To carry out the grant program established pursuant to paragraph (1),the Secretary may expend, during each fiscal year-- </DELETED> <DELETED> ``(i) the amounts collected pursuant to section 5108(g)(4);

and</DELETED> <DELETED> ``(ii) any amounts recovered during such fiscal year from grants awarded under this section during a prior fiscal year.''.</DELETED> <DELETED> (c) Supplemental Training Grants.--Section 5128(b)(4) of title 49, United States Code is amended by striking ``$2,000,000'' and inserting ``$4,000,000''.</DELETED> <DELETED>SEC.

10.

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

11.

APPROPRIATIONS FOR TANK CAR RESEARCH AND DEVELOPMENT.</DELETED> <DELETED> There is appropriated to the Pipeline and Hazardous Materials Safety Administration, out of any funds in the Treasury not otherwise appropriated, $5,000,000, which shall be used for expenses related to the development of--</DELETED> <DELETED> (1) stronger, safer tank cars and valves for tank cars;

and</DELETED> <DELETED> (2) other tank car safety features.</DELETED> SECTION 1.

SHORT TITLE;

TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Railway Safety Act of 2023''.

(b) Table of Contents.--The table of contents for this Act is as follows:

Sec.

1.

Short title;

table of contents.

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 2023.

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 of title 49, United States Code, as amended by section 102(a).

(2) 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 (as such terms are defined in section 173.50 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 of title 49, United States Code.

``(5) High-hazard train.--The term `high-hazard train' means a single train transporting, throughout the train consist-- ``(A) 20 or more tank cars loaded with a flammable liquid;

``(B) 1 tank car or intermodal portable tank load 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' or 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 2023, 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 1508.3 of title 49, Code of Federal Regulations, unless all tank cars containing a Class 3 flammable liquid meet or exceed the DOT specification 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 (3), 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 described in paragraph (2)(B) 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 2023, 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 the hazardous materials identified under subsection (a)(7) 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 inserting after the item relating to section 20154 the following:

``20155.

High-hazard trains.''.

SEC.

103.

ENSURING THE SAFETY OF LONG TRAINS.

(a) Reviewing and Updating Safety Regulations.--Not later than 1 year after the date on which the Secretary submits to Congress 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), the Secretary shall independently 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, by reviewing and subsequently updating, if necessary for safety and in compliance with Executive Order 12866 (5 U.S.C.

601 note;

relating to regulatory planning and review), existing safety regulations to ensure the safe transportation of goods and passengers by rail, including consideration of 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 on which the Secretary submits the report required under subsection (a), if the Secretary has not addressed any recommendation contained within such report, 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 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 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 National Academy of Sciences under which 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 National Academy of Sciences shall appoint not fewer than 3 of its members 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;

(6) examine the potential impacts on railroad operations of the recommendations made in the report submitted pursuant to subsection (c), including reliability of service to customers;

and (7) 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, 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'' after the semicolon;

(B) in clause (ii), by inserting ``or'' after the semicolon at the end;

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 part 215 available for the purpose of inspecting freight cars;

(2) to ensure that all freight cars are inspected by an inspector designated under part 215 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 rail cars, 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 shall-- (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;

(3) Updates to inspection program.--If,program and procedures.--If, during an audit required under this subsection, the auditor identifies a deficiency in a railroad's inspectionprocedures program,or practices necessary to ensure compliance with chapter II of subtitle B of title 49, Code of Federal Regulations, the railroad shall updateeliminate such deficiency, after first being provided the programopportunity to eliminateaddress whether such deficiency.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 mechanical employees of the railroad.railroad that conduct railcar, locomotive, or train brake system inspections.

(c)(f) Review of Regulations.--TheRegulations.--Not later than 5 years after the date of the enactment of this Act, and periodically thereafter, the Secretary shall triennially determine whether any update to partchapters 215I and II of subtitle B of title 49, Code of Federal Regulations, is necessary to ensure the safetyadequacy of railrailcar, carslocomotive, transportedand bytrain railbrake carriers.system inspections.

(d)(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 prioraudits year'sconducted audits;pursuant to subsection (d) 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;

(e)(h) Rule of Construction.--Nothing in this section may be construed-- (1) to limitprovide the deploymentSecretary ofwith pilotany programsauthority forto theinterpret, installation,revise, test,alter, verification,or andapply reviewa collectively bargained agreement, nor any authority over collective bargaining, collectively bargained agreements, or any aspect of automatedthe railRailway andLabor trainAct inspection(45 technologies;U.S.C.

or151 (2)et toseq.); direct the Secretary to waive any existing inspection requirements under chapter I or II of subtitle B of title 49, Code of Federal Regulations, as part of pilot programs.

(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.

5.106.

DEFECTEMERGENCY DETECTORS.BRAKE SIGNALS.

(a) Rulemaking.--NotIn General.--Not later than 130 yeardays after the date of the enactment of this Act, the SecretaryAdministrator shallof issuethe regulationsFederal establishingRailroad requirementsAdministration forshall theconvene installation,a repair,meeting testing,of maintenance,the andRailroad operationSafety ofAdvisory waysideCommittee defect detectors for eachthe railpurpose carrierof operatingconsidering a trainregulatory consistsafety carryingtask hazardouson materials.the functioning of emergency brake signals.

(b) Requirements.--ThePurpose.--The regulationsRailroad issuedSafety pursuantAdvisory toCommittee subsection (a) shall includeconsider-- requirements regarding-- (1) the frequencysufficiency of the placementregulations ofunder waysidepart defect232 detectors,of includingtitle a49, requirementCode thatof allFederal ClassRegulations, Iwith railroadsregard installto aend-of- hotboxtrain detectorand alonghead-of-train everydevice 10-milecommunications; segment of rail track over which trains carrying hazardous materials operate;

(2) performancewhether standardsNational forTransportation suchSafety detectors;Board Safety Recommendations R-20-028 and R-20-029 have been adequately addressed;

(3) thewhether maintenancemore frequent communication checks between a head-of-train device and repairan requirementsend-of-train fordevice suchwould detectors;improve rail safety;

and (4) reportingwhether datarepetition andof maintenancethe recordsemergency ofbrake suchsignal detectors;transmission until it is received by the end-of-train device would improve rail safety.

(5)(c) appropriateRecommendations stepsand Work Plan.--Not later than 90 days after the railmeeting carrieris mustconvened takepursuant whento receivingsubsection an(a), alerta working group of athe defectRailroad orSafety failureAdvisory fromCommittee orshould-- regarding(1) adevelop waysideinitial defectrecommendations detector;with respect to the matters considered under subsection (b);

and (6)(2) thecomplete use of hotbox detectors to prevent derailments from wheel bearing failures, including-- (A) the temperatures, to be specified by the Secretary, at which an alert from a hotboxwork detectorplan isfor triggeredimplementing tosuch warnrecommendations. of a potential wheel bearing failure;

and (B) any actions that shall be taken by a rail carrier upon receiving an alert from a hotbox detector of a potential wheel bearing failure.

(c) Defect and Failure Identification.--The Secretary shall specify the categories of defects and failures that wayside defect detectors covered by regulations issued pursuant to subsection (a) shall address, including-- (1) axles;

(2) wheel bearings;

(3) brakes;

(4) signals;

(5) wheel impacts;

and (6) other defects or failures specified by the Secretary.

6.107.

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) Covered rail carrier.--The term `covered rail carrier' has the meaning given the term `Class I carrier' in section 10102.

``(2) 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 identifying and understand the severity of known safety conditions.

``(3) 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.

``(4) High-hazard train.--The term `high-hazard train' has the meaning given such term in section 20155(a)(6).

``(5) 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.

``(6) 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 described in 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 rail car 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, including 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)(B).

``(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 2023, 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 covered rail carriers 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 covered rail carrier to implement the plan required under paragraph (1) not later than 3 years after the issuance of such final rule;

``(C) creates procedures to review, approve, 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 covered rail carriers 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) 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), including the sufficiency of the performance standards required under subsection (c)(1)(D), and approve or reject each plan and update that is required to be submitted under this section.

``(3) Reviews for compliance.--Not less frequently than biannually, the Secretary shall conduct reviews to ensure that railroad carriers 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 any violation pursuant to the rulemaking under subsection (a) 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 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, 2023, 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, 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 receive grant funding under this subsection shall comply with the grant conditions set forth in such section 22909(j).

(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.

Freight train crew size safety standards ``(a) Minimum Crew Size.--NoSize.--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.--ExceptExceptions.-- ``(1) In general.--Except as provided in subsectionparagraph (c),(2), the requirement under subsection (a) shall not apply with respect to-- ``(1)``(A) train operations on track that is not a main line track;track (as defined in section 20173(a)(2);

``(2)``(B) alocomotives freightperforming trainassistance operated--to ``(A) by a railroadtrain carrier that has fewerincurred thanmechanical 400,000failure totalor employeelacks workthe hourspower annuallyto andtraverse lessdifficult thanterrain, $40,000,000including annualtraveling revenueto (adjustedor forfrom inflation, as calculated by the Surfacelocation Transportationwhere Boardassistance Railroadis Inflation-provided; Adjusted Index and Deflator Factor Table);

``(B)``(C) atlocomotives athat-- speed``(i) ofare not moreattached thanto 25any milesequipment peror hour;are attached only to a caboose;

and ``(C)``(ii) ondo anot tracktravel withfather an average track grade of less than 250 percentmiles forfrom anythe segmentpoint of trackorigin thatof issuch atlocomotive; least 2 continuous miles;

``(3)and locomotives``(D) performingtrain assistanceoperations tostaffed with fewer than a train2- thatperson hascrew incurredat mechanicalleast failure1 oryear lacksbefore the powerdate toof traversethe difficultenactment terrain,of includingthe travelingSafe toFreight orAct fromof 2023 unless the locationSecretary wheredetermines assistancethat issuch provided;operations do not achieve an equivalent level of safety as would result from compliance with the requirement under subsection (a).

``(4)``(2) locomotivesTrains that--ineligible ``(A)for areexception.--The notexceptions attachedunder toparagraph any(2) equipmentmay ornot arebe attachedapplied onlyto-- to``(A) a caboose;high-hazard train (as defined in section 20155(a));

andor ``(B) doa nottrain travelconsist furtherwith thana 30total mileslength from the point of originat ofleast such7,500 locomotive;feet.

and``(c) ``(5)Waiver.--A trainrailroad operationscarrier staffedmay withseek fewer than a 2-personwaiver crew at least 1 year before the date of enactment of this section, if the Secretaryrequirements determinesunder thatsubsection such(a) operationsin achieveaccordance an equivalent level of safety as would result from compliance with thesection requirement20103(d). under subsection (a).

``(c)``(d) TrainsPreservation Ineligibleof forAuthority.--Nothing Exception.--Thein exceptionsthis undersection subsection (b) may not be appliedconstrued to--to ``(1)restrict athe trainauthority transporting 1 or more loaded cars carrying material toxic by inhalation (as defined in section 171.8 of titlethe 49,Secretary.''. Code of Federal Regulations);

``(2) a train transporting-- ``(A) 20 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid in a continuous block;

or ``(B) 35 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid throughout the train consist;

or ``(3) a train with a total length of at least 7,500 feet.

``(d) Waiver.--A railroad carrier may seek a waiver of the requirements under this section in accordance with section 20103(d).''.

Freight train crew size.''.size safety standards.''.

7.109.

INCREASINGINCREASED MAXIMUM CIVIL PENALTIES FOR VIOLATIONS OF RAIL SAFETY REGULATIONS.

(a) CivilRailroad PenaltiesSafety RelatedViolations.--Section to21301(a) Transporting Hazardous Materials.-- Section 5123(a) of title 49, United States Code, is amended-- (1) inby paragraphstriking (1),paragraphs in(1) theand matter(2) preceding subparagraph (A), by striking ``$75,000'' and inserting ``the greater of 0.5 percent of the person'sfollowing: annual income or annual operating income or $750,000'';

and``(1) (2)A inperson paragraphmay (2),not byfail strikingto ``$175,000''comply andwith insertinga ``therequirement greaterof, ofa 1regulation percentprescribed ofunder, theor person'san annualorder incomeissued orby, annualthe operatingSecretary incomeunder orchapters $1,750,000''.201 through 211.

(b)Subject Generalto Violationssection of21304, Chaptera 201.--Sectionperson 21301(a)(2)violating ofa titlerequirement 49,of, Uniteda Statesregulation Code,prescribed isunder, amended--or (1)an byorder strikingissued ``$25,000.''by, andthe insertingSecretary ``theunder greaterchapters of201 0.5through percent211 ofis theliable person'sto annualthe incomeUnited orStates annualGovernment operatingfor incomea orcivil $250,000'';penalty.

andAn (2)act by strikingan ``$100,000.''individual andthat insertingcauses ``thea greaterrailroad ofcarrier 1to percentbe ofin theviolation person'sconstitutes annuala incomeviolation orof annualthis operatingparagraph. income or $1,000,000''.

(c)A Accidentseparate andviolation Incidentoccurs Violationsfor ofeach Chapterday 201;such violation continues.

Violations``(2) ofThe ChaptersSecretary 203shall Throughinclude 209.--Sectionin, 21302(a)or ismake amended--applicable (1)to, ineach paragraphrequirement (1),of, byregulation strikingprescribed ``203-209''under, eachand placeorder itissued appearsunder chapters 201 through 211 a civil penalty for a violation of such requirement, regulation, or order in an amount equal to-- ``(A) at least $5,000 and insertingnot ``203more throughthan 209'';$1,000,000;

andor (2)``(B) inif paragraphthe (2)--person (A)committing bysuch strikingviolation ``$25,000''is anda insertingsmall ``thebusiness greaterconcern (as such term is used in part 121 of 0.5title percent13, Code of theFederal person'sRegulations annual(or incomea orsuccessor annualregulation)), operatingincluding incomea orClass $250,000'';III railroad, at least $1,000 and not more than $200,000.'';

and(2) (B) by strikingredesignating ``$100,000''paragraphs (3) and inserting(4) ``theas greaterparagraphs of(5) 1and percent(6), ofrespectively; the person's annual income or annual operating income or $1,000,000''.

(d)(3) Violations of Chapter 211.--Section 21303(a)(2) is amended-- (1) by striking ``$25,000.'' and inserting ``theafter greaterparagraph of(2) 0.5 percent of the person'sfollowing: annual income or annual operating income or $250,000'';

and``(3) (2)If bya strikingviolation ``$100,000.''described andin insertingparagraph ``the(1) greaterresults in death, serious illness, or severe injury to any person, causes an imminent hazard of 1death percentor injury, or results in the substantial destruction of property, the person'sSecretary annualmay incomeincrease orthe annualcivil operatingpenalty incomerequired orunder $1,000,000''.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 redesignated, by adding at the end the following:

``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 2 years after the date of such violation unless administrative notification under section 3711 of title 31 is given within such 2-year period to the person committing the violation.

If such notification is given, the action shall be brought not later than 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.''.

(c) Updates of Penalties for Inflation.--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-- (1) 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 (2) for maximum penalty amounts amended by this section, shall be rounded to the nearest multiple of $1,000.

(d) 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.

8.110.

(a) Phase-OutClass Schedule.--Beginning3 onFlammable MayLiquids 1,Phase-out 2025,Schedule.--Beginning aon railDecember carrier31, may2027, notno use DOT-111 specification railroad tank carscar, thatregardless doof notits complyconstruction withdate, DOT-117,may DOT-117P,be orused DOT-117Rto specificationtransport requirements,Class as3 inflammable effectliquids onin thepacking dategroups ofII enactmentand ofIII this(other Act,than to transport Class 3 flammable liquids regardlesslisted in paragraphs (1) and (2) of thesection composition7304(b) of the trainHazardous consist.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.

(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 paragraph (2) and the number that could be retrofitted;

and (5) estimates the demand for new tank cars.

9.111.

HAZARDOUS MATERIALS TRAINING FOR FIRST RESPONDERS.

(a) Annual Registration Fee.--Section 5108(g) of title 49, United States Code, is amended by adding at the end the following:

``(4) Additional fee for class i rail carriers.--In addition to the fees collected pursuant to paragraphs (1) and (2), the Secretary shall establish and annually impose and collect from each Class I rail carrier a fee in an amount equal to $1,000,000.''.

(b) Assistance for Local Emergency Response Training.--Section 5116(j)(1)(A) of title 49, United States Code, is amended-- (1) by striking ``liquids'' and inserting ``materials'';

and (2) in paragraph (3), by amending subparagraph (A) to read as follows:

``(A) In general.--To carry out the grant program established pursuant to paragraph (1),the Secretary may expend, during each fiscal year-- ``(i) the amounts collected pursuant to section 5108(g)(4);

and ``(ii) any amounts recovered during such fiscal year from grants awarded under this section during a prior fiscal year.''.

(c) Supplemental Training Grants.--Section 5128(b)(4) of title 49, United States Code is amended by striking ``$2,000,000'' and inserting ``$4,000,000''.

SEC.

10.

(a) Research Requirement.--The Administrator of the Federal Railroad Administration shall award grants, in accordance with section of title 49, United States Code, and the restrictions and limitationslimitation on eligibility for Class I railroads under suchsection section,22907 of title 49, United States Code, which shall be used for research and development of wayside defect detectors toand betterthe preventprevention theof derailmentderailments of trains transporting hazardous materials.

(b) Funding.--Authorization (1)of Appropriation.--ThereAppropriations.--There is authorized to be appropriated to the Federal Railroad Administration, out of any funds in the Treasury not otherwise appropriated, $22,000,000, which shall be used for the grants authorized under subsection (a) for the improvement and researchshall ofremain waysideavailable defectuntil defectorsexpended. and the prevention of derailments of trains containing hazardous materials.

(2) Availability of funding.--Amounts appropriated under this subsection shall remain available until expended SEC.

11.112.

AUTHORIZATION OF APPROPRIATIONS FOR TANK CAR RESEARCH AND DEVELOPMENT.

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

<all>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;

(B) the number of such positions requested in each of the budget requests for the last 10 fiscal years;