119-hr928

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 928 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 928

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 4, 2025

 Mr. Deluzio (for himself, Mr. LaLota, Mr. Rulli, and Mr. Garamendi) 
 introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
 Science, Space, and Technology, for a period to be subsequently 
 determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

 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 2025''.

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

Sec. 1. Short title; table of contents.

Sec. 2. Defined term.

Sec. 3. Safety requirements for trains transporting hazardous 
 materials.

Sec. 4. Rail car inspections.

Sec. 5. Defect detectors.

Sec. 6. Safe Freight Act of 2025.

Sec. 7. Increasing maximum civil penalties for violations of rail 
 safety regulations.

Sec. 8. Safer tank cars.

Sec. 9. Hazardous materials training for first responders.

Sec. 10. Consolidated rail infrastructure and safety improvements.

Sec. 11. Tank car study.

Sec. 12. Implementation of recommendations.

SEC. 2. DEFINED TERM.

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

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

    (a) Rulemaking.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall issue regulations, or modify 
existing regulations, establishing safety requirements, in accordance 
with subsection

    (b) , with which a shipper or rail carrier operating a 
train transporting hazardous materials that is not subject to the 
requirements for a high-hazard flammable train under 

section 174.310 of 
title 49, Code of Federal Regulations, shall comply with respect to the 
operation of each such train and the maintenance of specification tank 
cars.

    (b) Requirements.--The regulations issued pursuant to subsection

    (a) shall require shippers and rail carriers--

    (1) to provide advance notification and information 
 regarding the transportation of hazardous materials described 
 in subsection

    (a) to each State emergency response 
 commissioner, Tribal emergency response commission, or any 
 other State or Tribal agency responsible for receiving the 
 information notification for emergency response planning 
 information;

    (2) to include, in the notification provided pursuant to 
 paragraph

    (1) , a written gas discharge plan with respect to the 
 applicable hazardous materials being transported; and

    (3) to reduce or eliminate blocked crossings resulting from 
 delays in train movements.
            (c) Additional Requirements.--In developing the regulations 
required under subsection

    (a) , the Secretary shall include requirements 
regarding--

    (1) train length and weight;

    (2) train consist;

    (3) route analysis and selection;

    (4) speed restrictions;

    (5) track standards;

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

    (7) signaling and train control;

    (8) response plans; and

    (9) any other requirements that the Secretary determines 
 are necessary.
            (d) High-Hazard Flammable Trains.--The Secretary may modify the 
safety requirements for trains subject to 

section 174.310 of title 49, 
Code of Federal Regulations, to satisfy, in whole or in part, the 
rulemaking required under subsection

    (a) .

SEC. 4. RAIL CAR INSPECTIONS.

    (a) Rulemaking.--

    (1) Inspection requirements.--Not later than 1 year after 
 date of the enactment of this Act, the Secretary shall review 
 and update, as necessary, applicable regulations under chapters 
 I and II of subtitle B of title 49, Code of Federal 
 Regulations--
        (A) to create minimum time requirements that a 
 qualified mechanical inspector must spend when 
 inspecting a rail car or locomotive; and
        (B) to ensure that all rail cars and locomotives in 
 train consists that carry hazardous materials are 
 inspected by a qualified mechanical inspector at 
 intervals determined by the Secretary.

    (2) Abbreviated pre-departure inspection.--The Secretary 
 shall immediately amend 

section 215.13
            (c) of title 49, Code of 
 Federal Regulations (permitting an abbreviated pre-departure 
 inspection procedure) with respect to rail cars in train 
 consists carrying hazardous materials.

    (b) Audits.--

    (1) In general.--Not later than 60 days after the date of 
 the enactment of this Act, the Secretary shall initiate audits 
 of Federal rail car inspection programs, subject to the 
 requirements under part 215 of title 49, Code of Federal 
 Regulations, which--
        (A) consider whether such programs are in 
 compliance with such part 215;
        (B) assess the type and content of training and 
 performance metrics that such programs provide rail car 
 inspectors;
            (C) determine whether such programs provide 
 inspectors with adequate time to inspect rail cars;
            (D) determine whether such programs reflect the 
 current operating practices of the railroad carrier; 
 and
        (E) ensure that such programs are not overly 
 reliant on train crews.

    (2) Audit scheduling.--The Secretary shall--
        (A) schedule the audits required under paragraph

    (1) to ensure that--
            (i) each Class I railroad is audited not 
 less frequently than once every 5 years; and
            (ii) a select number, as determined by the 
 Secretary, of Class II and Class III railroads 
 are audited annually; and
        (B) conduct the audits described in subparagraph
        (A)
            (ii) in accordance with--
            (i) the Small Business Regulatory 
 Enforcement Fairness Act of 1996 (5 U.S.C. 601 
 note); and
            (ii) appendix C of part 209 of title 49, 
 Code of Federal Regulations.

    (3) Updates to inspection program.--If, during an audit 
 required under this subsection, the auditor identifies a 
 deficiency in a railroad's inspection program, the railroad 
 shall update the program to eliminate such deficiency.

    (4) Consultation and cooperation.--
        (A) Consultation.--In conducting any audit required 
 under this subsection, the Secretary shall consult with 
 the railroad being audited and its employees, including 
 any nonprofit employee labor organization representing 
 the mechanical employees of the railroad.
        (B) Cooperation.--The railroad being audited and 
 its employees, including any nonprofit employee labor 
 organization representing mechanical employees, shall 
 fully cooperate with any audit conducted pursuant to 
 this subsection--
            (i) by providing any relevant documents 
 requested; and
            (ii) by making available any employees for 
 interview without undue delay or obstruction.
            (C) Failure to cooperate.--If the Secretary 
 determines that a railroad or any of its employees, 
 including any nonprofit employee labor organization 
 representing mechanical employees of the railroad is 
 not fully cooperating with an audit conducted pursuant 
 to this subsection, the Secretary shall electronically 
 notify the Committee on Commerce, Science, and 
 Transportation of the Senate and the Committee on 
 Transportation and Infrastructure of the House of 
 Representatives of such noncooperation.
            (c) Review of Regulations.--The Secretary shall triennially 
determine whether any update to part 215 of title 49, Code of Federal 
Regulations, is necessary to ensure the safety of rail cars transported 
by rail carriers.
            (d) Annual Report.--The Secretary shall publish an annual report on 
the public website of the Federal Railroad Administration that--

    (1) summarizes the findings of the prior year's audits;

    (2) summarizes any updates made pursuant to this section; 
 and

    (3) excludes any confidential business information or 
 sensitive security information.

    (e) Rule of Construction.--Nothing in this section may be 
construed--

    (1) to limit the deployment of pilot programs for the 
 installation, test, verification, and review of automated rail 
 and train inspection technologies; or

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

SEC. 5. DEFECT DETECTORS.

    (a) Rulemaking.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall issue regulations 
establishing requirements for the installation, repair, testing, 
maintenance, and operation of wayside defect detectors for each rail 
carrier operating a train consist carrying hazardous materials.

    (b) Requirements.--The regulations issued pursuant to subsection

    (a) shall include requirements regarding--

    (1) the frequency of the placement of wayside defect 
 detectors, including a requirement that all Class I railroads 
 install a hotbox detector along every 10-mile segment of rail 
 track over which trains carrying hazardous materials operate;

    (2) performance standards for such detectors;

    (3) the maintenance and repair requirements for such 
 detectors;

    (4) reporting data and maintenance records of such 
 detectors;

    (5) appropriate steps the rail carrier must take when 
 receiving an alert of a defect or failure from or regarding a 
 wayside defect detector; and

    (6) the use of hotbox detectors to prevent derailments from 
 wheel bearing failures, including--
        (A) the temperatures, to be specified by the 
 Secretary, at which an alert from a hotbox detector is 
 triggered to warn of a potential wheel bearing failure; 
 and
        (B) any actions that shall be taken by a rail 
 carrier upon receiving an alert from a hotbox detector 
 of a potential wheel bearing failure.
            (c) Defect and Failure Identification.--The Secretary shall specify 
the categories of defects and failures that wayside defect detectors 
covered by regulations issued pursuant to subsection

    (a) shall address, 
including--

    (1) axles;

    (2) wheel bearings;

    (3) brakes;

    (4) signals;

    (5) wheel impacts; and

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

SEC. 6. SAFE FREIGHT ACT OF 2025.

    (a) Short Title.--This section may be cited as the ``Safe Freight 
Act of 2025''.

    (b) Freight Train Crew Size.--Subchapter II of chapter 201 of title 
49, United States Code, is amended by inserting after 

section 20153 the 
following:
``

Sec. 20154. Freight train crew size safety standards
 ``

    (a) Minimum Crew Size.--No freight train may be operated without 
a 2-person crew consisting of at least 1 appropriately qualified and 
certified conductor and 1 appropriately qualified and certified 
locomotive engineer.
 ``

    (b) Exceptions.--Except as provided in subsection
            (c) , the 
requirement under subsection

    (a) shall not apply with respect to--
 ``

    (1) train operations on track that is not a main line 
 track;
 ``

    (2) a freight train operated--
 ``
        (A) by a railroad carrier that has fewer than 
 400,000 total employee work hours annually and less 
 than $40,000,000 annual revenue (adjusted for 
 inflation, as calculated by the Surface Transportation 
 Board Railroad Inflation- Adjusted Index and Deflator 
 Factor Table);
 ``
        (B) at a speed of not more than 25 miles per 
 hour; and
 ``
            (C) on a track with an average track grade of 
 less than 2 percent for any segment of track that is at 
 least 2 continuous miles;
 ``

    (3) locomotives performing assistance to a train that has 
 incurred mechanical failure or lacks the power to traverse 
 difficult terrain, including traveling to or from the location 
 where assistance is provided;
 ``

    (4) locomotives that--
 ``
        (A) are not attached to any equipment or are 
 attached only to a caboose; and
 ``
        (B) do not travel farther than 30 miles from the 
 point of origin of such locomotive; and
 ``

    (5) train operations staffed with fewer than a 2-person 
 crew at least 1 year before the date of enactment of this 
 section, if the Secretary determines that such operations 
 achieve an equivalent level of safety as would result from 
 compliance with the requirement under subsection

    (a) .
 ``
            (c) Trains Ineligible for Exception.--The exceptions under 
subsection

    (b) may not be applied to--
 ``

    (1) a train transporting 1 or more loaded cars carrying 
 material toxic by inhalation (as defined in 

section 171.8 of 
 title 49, Code of Federal Regulations);
 ``

    (2) a train transporting--
 ``
        (A) 20 or more loaded tank cars of a Class 2 
 material or a Class 3 flammable liquid in a continuous 
 block; or
 ``
        (B) 35 or more loaded tank cars of a Class 2 
 material or a Class 3 flammable liquid throughout the 
 train consist; or
 ``

    (3) a train with a total length of at least 7,500 feet.
 ``
            (d) Waiver.--A railroad carrier may seek a waiver of the 
requirements under this section in accordance with 

section 20103
            (d) .''.
            (c) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is amended by inserting after the 
item relating to 

section 20153 the following:

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

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

    (a) Civil Penalties Related to Transporting Hazardous Materials.--

Section 5123

    (a) of title 49, United States Code, is amended--

    (1) in paragraph

    (1) , in the matter preceding subparagraph
        (A) , by striking ``$75,000'' and inserting ``the greater of 0.5 
 percent of the person's annual income or annual operating 
 income, as applicable, or $750,000''; and

    (2) in paragraph

    (2) , by striking ``$175,000'' and 
 inserting ``the greater of 1 percent of the person's annual 
 income or annual operating income, as applicable, or 
 $1,750,000''.

    (b) General Violations of Chapter 201.--

Section 21301

    (a)

    (2) of 
title 49, United States Code, is amended--

    (1) by striking ``$25,000'' and inserting ``the greater of 
 0.5 percent of the person's annual income or annual operating 
 income, as applicable, or $250,000''; and

    (2) by striking ``$100,000'' and inserting ``the greater of 
 1 percent of the person's annual income or annual operating 
 income, as applicable, or $1,000,000''.
            (c) Accident and Incident Violations of Chapter 201; Violations of 
Chapters 203 Through 209.--

Section 21302

    (a) of title 49, United States 
Code, is amended--

    (1) in paragraph

    (1) , by striking ``203-209'' each place it 
 appears and inserting ``203 through 209''; and

    (2) in paragraph

    (2) --
        (A) by striking ``$25,000'' and inserting ``the 
 greater of 0.5 percent of the person's annual income or 
 annual operating income, as applicable, or $250,000''; 
 and
        (B) by striking ``$100,000'' and inserting ``the 
 greater of 1 percent of the person's annual income or 
 annual operating income, as applicable, or 
 $1,000,000''.
            (d) Violations of Chapter 211.--

Section 21303

    (a)

    (2) of title 49, 
United States Code, is amended--

    (1) by striking ``$25,000'' and inserting ``the greater of 
 0.5 percent of the person's annual income or annual operating 
 income, as applicable, or $250,000''; and

    (2) by striking ``$100,000'' and inserting ``the greater of 
 1 percent of the person's annual income or annual operating 
 income, as applicable, or $1,000,000''.

SEC. 8. SAFER TANK CARS.

    (a) Phase-Out Schedule.--Notwithstanding 

section 7304 of the FAST 
Act (49 U.S.C. 20155 note), beginning on May 1, 2027, a rail carrier 
may not use DOT-111 specification railroad tank cars that do not comply 
with DOT-117, DOT-117P, or DOT-117R specification requirements, as in 
effect on the date of enactment of this Act, to transport Class 3 
flammable liquids regardless of the composition of the train consist.

    (b) Conforming Regulatory Amendments.--

    (1) In general.--The Secretary--
        (A) shall immediately remove or revise the date-
 specific deadlines in any applicable regulations or 
 orders to the extent necessary to conform with the 
 requirement under subsection

    (a) ; and
        (B) may not enforce any date-specific deadlines or 
 requirements that are inconsistent with the requirement 
 under subsection

    (a) .

    (2) Rule of construction.--Except as required under 
 paragraph

    (1) , nothing in this section may be construed to 
 require the Secretary to issue regulations to implement this 
 section.

SEC. 9. HAZARDOUS MATERIALS TRAINING FOR FIRST RESPONDERS.

    (a) Annual Registration Fee.--

Section 5108

    (g) of title 49, United 
States Code, is amended by adding at the end the following:
 ``

    (4) Additional Fee for Class I Rail Carriers.--In addition to the 
fees collected pursuant to paragraphs

    (1) and

    (2) , the Secretary shall 
establish and annually impose and collect from each Class I rail 
carrier a fee in an amount equal to $1,000,000.''.

    (b) Assistance for Local Emergency Response Training.--

Section 5116

    (j) of title 49, United States Code, is amended--

    (1) in paragraph

    (1)
        (A) , 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. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS.

    (a) In General.--

Section 22907
            (c) of title 49, United States Code, 
is amended by adding at the end the following:
 ``

    (17) Expanding the use and effectiveness of wayside 
 defect detectors to better prevent the derailment of trains 
 transporting hazardous materials.''.

    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out 

section 22907
            (c) (17) of title 49, United 
States Code (as added by subsection

    (a) ), $22,000,000.

SEC. 11. TANK CAR STUDY.

    (a) In General.--The Administrator of the Pipeline and Hazardous 
Materials Safety Administration shall study, and submit to Congress a 
report on, technology available to develop--

    (1) stronger, safer tank cars and valves for tank cars; and

    (2) other tank car safety features.

    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000.

SEC. 12. IMPLEMENTATION OF RECOMMENDATIONS.

 Not later than 2 years after the date of enactment of this Act, and 
every 2 years thereafter, the Secretary of Transportation 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 a report on the progress of the Secretary 
in implementing the recommendations in chapter 4 of the report titled 
``Norfolk Southern Railway Derailment and Hazardous Materials Release'' 
issued on June 25, 2024 by the National Transportation Safety Board 
(NTSB/RIR-24-05).
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