[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