119-hr971

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 971 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 971

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 4, 2025

Mrs. Sykes (for herself, Mr. Rulli, Mrs. Beatty, Ms. Brown, Ms. Kaptur, 
and Mr. Landsman) introduced the following bill; which was referred to 
 the Committee on Transportation and Infrastructure

_______________________________________________________________________

 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 ``Reducing Accidents 
In Locomotives Act'' or the ``RAIL Act''.

    (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. Recommendations for safety.

Sec. 4. Inspections.

Sec. 5. Defect detectors.

Sec. 6. Increasing maximum civil penalties for violations of rail 
 safety regulations.

Sec. 7. Safer tank cars.

Sec. 8. Hazardous materials training for first responders.

Sec. 9. Freight train crew size safety standards.

SEC. 2. DEFINED TERM.

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

SEC. 3. RECOMMENDATIONS FOR SAFETY.

    (a) Rulemaking.--Not later than 1 year after the date on which the 
National Transportation Safety Board issues the report on the East 
Palestine, Ohio crash, the Secretary, in consultation with the 
Administrator of the Federal Railroad Administration, shall issue 
regulations, or modify existing regulations, based on such report 
establishing safety requirements, in accordance with subsection

    (b) , 
with which a 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 rail carriers--

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

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

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

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

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

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

    (1) train length and weight;

    (2) train consist;

    (3) route analysis and selection;

    (4) speed restrictions;

    (5) track standards;

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

    (7) signaling and train control; and

    (8) response plans.

SEC. 4. 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) 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.
            (d) 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; and
        (B) conduct the audits described in subparagraph
        (A)
            (ii) in accordance with--
            (i) the Small Business Regulatory 
 Enforcement Fairness Act of 1996 (5 U.S.C. 601 
 note); and
            (ii) appendix C of part 209 of title 49, 
 Code of Federal Regulations.

    (3) Updates to inspection program and procedures.--If, 
 during an audit required under this subsection, the auditor 
 identifies a deficiency in a railroad's procedures or practices 
 necessary to ensure compliance with chapter II of subtitle B of 
 title 49, Code of Federal Regulations, the railroad shall 
 eliminate such deficiency, after first being provided the 
 opportunity to address whether such a deficiency exists.

    (4) Consultation and cooperation.--
        (A) Consultation.--In conducting any audit required 
 under this subsection, the Secretary shall consult with 
 the railroad being audited and its employees, including 
 any nonprofit employee labor organization representing 
 the employees of the railroad that conduct railcar, 
 locomotive, or train brake system inspections.
        (B) Cooperation.--The railroad being audited and 
 its employees, including any nonprofit employee labor 
 organization representing mechanical employees, shall 
 fully cooperate with any audit conducted pursuant to 
 this subsection--
            (i) by providing any relevant documents 
 requested; and
            (ii) by making available any employees for 
 interview without undue delay or obstruction.
            (C) Failure to cooperate.--If the Secretary 
 determines that a railroad or any of its employees, 
 including any nonprofit employee labor organization 
 representing mechanical employees of the railroad is 
 not fully cooperating with an audit conducted pursuant 
 to this subsection, the Secretary shall electronically 
 notify the Committee on Commerce, Science, and 
 Transportation of the Senate and the Committee on 
 Transportation and Infrastructure of the House of 
 Representatives of such noncooperation.

    (e) Review of Regulations.--Not later than 5 years after the date 
of the enactment of this Act, and periodically thereafter, the 
Secretary shall determine whether any update to chapters I and II of 
subtitle B of title 49, Code of Federal Regulations, is necessary to 
ensure the adequacy of railcar, locomotive, and train brake system 
inspections.

    (f) Annual Report.--The Secretary shall publish an annual report on 
the public website of the Federal Railroad Administration that--

    (1) summarizes the findings of the audits conducted 
 pursuant to subsection
            (c) during the most recently concluded 
 fiscal year;

    (2) summarizes any updates made to chapter I or II of 
 subtitle B of title 49, Code of Federal Regulations, pursuant 
 to this section; and

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

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

    (1) to provide the Secretary with any authority to 
 interpret, revise, alter, or apply a collectively bargained 
 agreement, nor any authority over collective bargaining, 
 collectively bargained agreements, or any aspect of the Railway 
 Labor Act (45 U.S.C. 151 et seq.);

    (2) to alter the terms or interpretations of existing 
 collective bargaining agreements; or

    (3) to abridge any procedural rights or remedies provided 
 under a collectively bargained agreement.

SEC. 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.
            (d) Safety Placards.--

    (1) In general.--In issuing regulations under subsection

    (a) , the Secretary shall require that placards covered under 
 

section 172.519 of title 49, Code of Federal Regulations, be 
 able to withstand heat in excess of 180 degrees.

    (2) Update based on recommendations.--The Secretary may, 
 upon recommendation from the National Transportation Safety 
 Board, issue such regulations as are necessary to increase the 
 heat threshold described in paragraph

    (1) .

SEC. 6. INCREASING MAXIMUM CIVIL PENALTIES FOR VIOLATIONS OF RAIL 
 SAFETY REGULATIONS.

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

Section 5123

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

    (1) in paragraph

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

    (2) in paragraph

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

    (b) General Violations of Chapter 201.--

Section 21301

    (a)

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

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

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

Section 21302

    (a) is amended--

    (1) in paragraph

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

    (2) in paragraph

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

Section 21303

    (a)

    (2) is amended--

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

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

SEC. 7. SAFER TANK CARS.

    (a) Phase-Out Schedule.--Beginning on May 1, 2030, 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. 8. 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. 9. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS.

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

section 20153 the 
following:
``

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

    (a) Minimum Crew Size.--Except as provided in subsection

    (b) , no 
Class I railroad carrier may operate a freight train without a 2-person 
crew consisting of at least 1 appropriately qualified and certified 
conductor and 1 appropriately qualified and certified locomotive 
engineer.
 ``

    (b) Exceptions.--
 ``

    (1) In general.--Except as provided in paragraph

    (2) , the 
 requirement under subsection

    (a) shall not apply with respect 
 to--
 ``
        (A) train operations on track that is not main 
 line track;
 ``
        (B) locomotives performing assistance to a train 
 that has incurred mechanical failure or lacks the power 
 to traverse difficult terrain, including traveling to 
 or from the location where assistance is provided;
 ``
            (C) locomotives that--
 ``
            (i) are not attached to any equipment or 
 are attached only to a caboose; and
 ``
            (ii) travel not farther than 50 miles 
 from the point of origin of such locomotive; 
 and
 ``
            (D) train operations staffed with fewer than a 2-
 person crew at least 1 year before the date of the 
 enactment of the Safe Freight Act of 2024, except if 
 the Secretary determines that such operations do not 
 achieve an equivalent level of safety as would result 
 from compliance with the requirement under subsection

    (a) .
 ``

    (2) Trains ineligible for exception.--The exceptions 
 under paragraph

    (2) shall not apply with respect to--
 ``
        (A) a high-hazard train; or
 ``
        (B) a train with a total length of at least 7,500 
 feet.
 ``
            (c) Waiver.--A railroad carrier may seek a waiver of the 
requirements under subsection

    (a) in accordance with 

section 20103
            (d) .
 ``
            (d) === Definitions. ===
-In this section:
 ``

    (1) High-hazard train.--The term `high-hazard train' 
 means a single train transporting, throughout the train 
 consist--
 ``
        (A) not fewer than 20 tank cars loaded with a 
 flammable liquid (Class 3) (as such term is defined in 
 

section 173.120 of title 49, Code of Federal 
 Regulations, or successor regulations);
 ``
        (B) not fewer than 1 tank car or intermodal 
 portable tank load with a material poisonous by 
 inhalation or a material toxic by inhalation (as such 
 term is defined in 

section 171.8 of title 49, Code of 
 Federal Regulations, or successor regulations);
 ``
            (C) not fewer than 1 car loaded with a type B 
 package or a fissile material package (as such terms 
 are defined in 

section 173.403 of title 49, Code of 
 Federal Regulations, or successor regulations);
 ``
            (D) not fewer than 10 cars loaded with Class 1 
 explosives categorized under 

section 173.50 of title 
 49, Code of Federal Regulations (or successor 
 regulations) as being in division 1.1, 1.2, or 1.3;
 ``
        (E) not fewer than 5 tank cars loaded with a 
 flammable gas (as such term is defined in 

section 173.115

    (a) of title 49, Code of Federal Regulations, or 
 successor regulations); or
 ``
        (F) not fewer than 20 cars loaded with any 
 combination of flammable liquids, flammable gases, or 
 explosives.
 ``

    (2) Main line track.--The term `main line track' 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 
 hours; and
 ``
        (B) intercity rail passenger transportation or 
 commuter rail passenger transportation routes or 
 segments over which high-hazard trains operate.''.

    (b) 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.''.
            (c) Preservation of Authority of Secretary.--Nothing in 

section 20154 of title 49, United States Code, as added by this section, shall 
be construed to limit the authority of the Secretary under any other 
provision of law.
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