[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8996 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8996

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2024

 Mr. Nehls (for himself, Mr. Moulton, Mrs. Sykes, Mr. Deluzio, Mr. Van 
   Orden, Mr. Rulli, Mr. D'Esposito, Ms. Stansbury, and Mr. Lawler) 
 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 ``Railroad Safety 
Enhancement Act of 2024''.
    (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.
Sec. 118. Confidential close call reporting system.
Sec. 119. AskRail application.
Sec. 120. Increased funding for the railroad crossing elimination grant 
                            program.
Sec. 121. Grant programs for adoption of certain telematics systems.
Sec. 122. Enhancing freight railcar onboard telematics and sensor 
                            development pilot program.
Sec. 123. Train approach warning.
Sec. 124. Railroad-Shipper Transportation Advisory Council.
   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 
        20155 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 Railroad Safety Enhancement Act of 2024, 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 
                117 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 Railroad Safety Enhancement Act of 2024, 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 gra