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