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