[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