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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 576 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 284
118th CONGRESS
  1st Session
                                 S. 576

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2023

Mr. Brown (for himself, Mr. Vance, Mr. Casey, Mr. Rubio, Mr. Fetterman, 
   Mr. Hawley, Ms. Smith, Ms. Klobuchar, Mr. Braun, Mr. Romney, Mr. 
  Marshall, and Ms. Baldwin) introduced the following bill; which was 
  read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                           December 13, 2023

              Reported by Ms. Cantwell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Railway 
Safety Act of 2023''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Defined term.
<DELETED>Sec. 3. Safety requirements for trains transporting hazardous 
                            materials.
<DELETED>Sec. 4. Rail car inspections.
<DELETED>Sec. 5. Defect detectors.
<DELETED>Sec. 6. Safe Freight Act of 2023.
<DELETED>Sec. 7. Increasing maximum civil penalties for violations of 
                            rail safety regulations.
<DELETED>Sec. 8. Safer tank cars.
<DELETED>Sec. 9. Hazardous materials training for first responders.
<DELETED>Sec. 10. Rail safety infrastructure research and development 
                            grants.
<DELETED>Sec. 11. Appropriations for tank car research and development.

<DELETED>SEC. 2. DEFINED TERM.</DELETED>

<DELETED>    In this Act, the term ``Secretary'' means the Secretary of 
Transportation.</DELETED>

<DELETED>SEC. 3. SAFETY REQUIREMENTS FOR TRAINS TRANSPORTING HAZARDOUS 
              MATERIALS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Requirements.--The regulations issued pursuant to 
subsection (a) shall require shippers and rail carriers--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) to reduce or eliminate blocked crossings 
        resulting from delays in train movements.</DELETED>
<DELETED>    (c) Additional Requirements.--In developing the 
regulations required under subsection (a), the Secretary shall include 
requirements regarding--</DELETED>
        <DELETED>    (1) train length and weight;</DELETED>
        <DELETED>    (2) train consist;</DELETED>
        <DELETED>    (3) route analysis and selection;</DELETED>
        <DELETED>    (4) speed restrictions;</DELETED>
        <DELETED>    (5) track standards;</DELETED>
        <DELETED>    (6) track, bridge, and rail car 
        maintenance;</DELETED>
        <DELETED>    (7) signaling and train control;</DELETED>
        <DELETED>    (8) response plans; and</DELETED>
        <DELETED>    (9) any other requirements that the Secretary 
        determines are necessary.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 4. RAIL CAR INSPECTIONS.</DELETED>

<DELETED>    (a) Rulemaking.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) to create minimum time requirements 
                that a qualified mechanical inspector must spend when 
                inspecting a rail car or locomotive; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Audits.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) consider whether such programs are in 
                compliance with such part 215;</DELETED>
                <DELETED>    (B) assess the type and content of 
                training and performance metrics that such programs 
                provide rail car inspectors;</DELETED>
                <DELETED>    (C) determine whether such programs 
                provide inspectors with adequate time to inspect rail 
                cars;</DELETED>
                <DELETED>    (D) determine whether such programs 
                reflect the current operating practices of the railroad 
                carrier; and</DELETED>
                <DELETED>    (E) ensure that inspection programs are 
                not overly reliant on train crews.</DELETED>
        <DELETED>    (2) Audit scheduling.--The Secretary shall--
        </DELETED>
                <DELETED>    (A) schedule the audits required under 
                paragraph (1) to ensure that--</DELETED>
                        <DELETED>    (i) each Class I railroad is 
                        audited not less frequently than once every 5 
                        years; and</DELETED>
                        <DELETED>    (ii) a select number, as 
                        determined by the Secretary, of Class II and 
                        Class III railroads are audited annually; 
                        and</DELETED>
                <DELETED>    (B) conduct the audits described in 
                subparagraph (A)(ii) in accordance with--</DELETED>
                        <DELETED>    (i) the Small Business Regulatory 
                        Enforcement Fairness Act of 1996 (5 U.S.C. 601 
                        note); and</DELETED>
                        <DELETED>    (ii) appendix C of part 209 of 
                        title 49, Code of Federal 
                        Regulations.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Consultation and cooperation.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) by providing any relevant 
                        documents requested; and</DELETED>
                        <DELETED>    (ii) by making available any 
                        employees for interview without undue delay or 
                        obstruction.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Annual Report.--The Secretary shall publish an annual 
report on the public website of the Federal Railroad Administration 
that--</DELETED>
        <DELETED>    (1) summarizes the findings of the prior year's 
        audits;</DELETED>
        <DELETED>    (2) summarizes any updates made pursuant to this 
        section; and</DELETED>
        <DELETED>    (3) excludes any confidential business information 
        or sensitive security information.</DELETED>
<DELETED>    (e) Rule of Construction.--Nothing in this section may be 
construed--</DELETED>
        <DELETED>    (1) to limit the deployment of pilot programs for 
        the installation, test, verification, and review of automated 
        rail and train inspection technologies; or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. DEFECT DETECTORS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Requirements.--The regulations issued pursuant to 
subsection (a) shall include requirements regarding--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) performance standards for such 
        detectors;</DELETED>
        <DELETED>    (3) the maintenance and repair requirements for 
        such detectors;</DELETED>
        <DELETED>    (4) reporting data and maintenance records of such 
        detectors;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (6) the use of hotbox detectors to prevent 
        derailments from wheel bearing failures, including--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) axles;</DELETED>
        <DELETED>    (2) wheel bearings;</DELETED>
        <DELETED>    (3) brakes;</DELETED>
        <DELETED>    (4) signals;</DELETED>
        <DELETED>    (5) wheel impacts; and</DELETED>
        <DELETED>    (6) other defects or failures specified by the 
        Secretary.</DELETED>

<DELETED>SEC. 6. SAFE FREIGHT ACT OF 2023.</DELETED>

<DELETED>    (a) Short Title.--This section may be cited as the ``Safe 
Freight Act of 2023''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>``Sec. 20154. Freight train crew size safety 
              standards</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Exceptions.--Except as provided in subsection (c), 
the requirement under subsection (a) shall not apply with respect to--
</DELETED>
        <DELETED>    ``(1) train operations on track that is not a main 
        line track;</DELETED>
        <DELETED>    ``(2) a freight train operated--</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(B) at a speed of not more than 25 miles 
                per hour; and</DELETED>
                <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) locomotives that--</DELETED>
                <DELETED>    ``(A) are not attached to any equipment or 
                are attached only to a caboose; and</DELETED>
                <DELETED>    ``(B) do not travel further than 30 miles 
                from the point of origin of such locomotive; 
                and</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Trains Ineligible for Exception.--The exceptions 
under subsection (b) may not be applied to--</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(2) a train transporting--</DELETED>
                <DELETED>    ``(A) 20 or more loaded tank cars of a 
                Class 2 material or a Class 3 flammable liquid in a 
                continuous block; or</DELETED>
                <DELETED>    ``(B) 35 or more loaded tank cars of a 
                Class 2 material or a Class 3 flammable liquid 
                throughout the train consist; or</DELETED>
        <DELETED>    ``(3) a train with a total length of at least 
        7,500 feet.</DELETED>
<DELETED>    ``(d) Waiver.--A railroad carrier may seek a waiver of the 
requirements under this section in accordance with section 
20103(d).''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``20154. Freight train crew size.''.

<DELETED>SEC. 7. INCREASING MAXIMUM CIVIL PENALTIES FOR VIOLATIONS OF 
              RAIL SAFETY REGULATIONS.</DELETED>

<DELETED>    (a) Civil Penalties Related to Transporting Hazardous 
Materials.--Section 5123(a) of title 49, United States Code, is 
amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (b) General Violations of Chapter 201.--Section 
21301(a)(2) of title 49, United States Code, is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (c) Accident and Incident Violations of Chapter 201; 
Violations of Chapters 203 Through 209.--Section 21302(a) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``203-209'' each 
        place it appears and inserting ``203 through 209''; 
        and</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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''.</DELETED>
<DELETED>    (d) Violations of Chapter 211.--Section 21303(a)(2) is 
amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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''.</DELETED>

<DELETED>SEC. 8. SAFER TANK CARS.</DELETED>

<DELETED>    (a) Phase-Out Schedule.--Beginning on May 1, 2025, 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.</DELETED>
<DELETED>    (b) Conforming Regulatory Amendments.--</DELETED>
        <DELETED>    (1) In general.--The Secretary--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) may not enforce any date-specific 
                deadlines or requirements that are inconsistent with 
                the requirement under subsection (a).</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 9. HAZARDOUS MATERIALS TRAINING FOR FIRST 
              RESPONDERS.</DELETED>

<DELETED>    (a) Annual Registration Fee.--Section 5108(g) of title 49, 
United States Code, is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Assistance for Local Emergency Response Training.--
Section 5116(j)(1)(A) of title 49, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by striking ``liquids'' and inserting 
        ``materials''; and</DELETED>
        <DELETED>    (2) in paragraph (3), by amending subparagraph (A) 
        to read as follows:</DELETED>
                <DELETED>    ``(A) In general.--To carry out the grant 
                program established pursuant to paragraph (1),the 
                Secretary may expend, during each fiscal year--
                </DELETED>
                        <DELETED>    ``(i) the amounts collected 
                        pursuant to section 5108(g)(4); and</DELETED>
                        <DELETED>    ``(ii) any amounts recovered 
                        during such fiscal year from grants awarded 
                        under this section during a prior fiscal 
                        year.''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 10. RAIL SAFETY INFRASTRUCTURE RESEARCH AND DEVELOPMENT 
              GRANTS.</DELETED>

<DELETED>    (a) Research Requirement.--The Administrator of the 
Federal Railroad Administration shall award grants, in accordance with 
section 22907 of title 49, United States Code, and the restrictions and 
limitations on eligibility for Class I railroads under such section, 
for research and development of wayside defect detectors to better 
prevent the derailment of trains transporting hazardous 
materials.</DELETED>
<DELETED>    (b) Funding.--</DELETED>
        <DELETED>    (1) Appropriation.--There is appropriated to the 
        Federal Railroad Administration, out of any funds in the 
        Treasury not otherwise appropriated, $22,000,000, which shall 
        be used for the grants authorized under subsection (a) for the 
        improvement and research of wayside defect defectors and the 
        prevention of derailments of trains containing hazardous 
        materials.</DELETED>
        <DELETED>    (2) Availability of funding.--Amounts appropriated 
        under this subsection shall remain available until 
        expended</DELETED>

<DELETED>SEC. 11. APPROPRIATIONS FOR TANK CAR RESEARCH AND 
              DEVELOPMENT.</DELETED>

<DELETED>    There is appropriated to the Pipeline and Hazardous 
Materials Safety Administration, out of any funds in the Treasury not 
otherwise appropriated, $5,000,000, which shall be used for expenses 
related to the development of--</DELETED>
        <DELETED>    (1) stronger, safer tank cars and valves for tank 
        cars; and</DELETED>
        <DELETED>    (2) other tank car safety features.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Railway Safety Act 
of 2023''.
    (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.

   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 Railway Safety Act of 2023, 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 Railway Safety Act of 2023, 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 grade crossings;
            (2) identify potential financial impacts incurred by the 
        railroad or its customers due to blocked crossings;
            (3) identify potential freight network efficiency impacts 
        due to solutions that will reduce or eliminate the impacts of 
        blocked crossings;
            (4) examine community impacts that result from blocked 
        crossings;
            (5) examine causes for blocked crossings;
            (6) examine the potential impacts on railroad operations of 
        the recommendations made in the report submitted pursuant to 
        subsection (c), including reliability of service to customers; 
        and
            (7) identify practical solutions to prevent blocked 
        crossings.
    (d) Report.--Not later than 2 years after the date of the enactment 
of this Act, 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 contains the results of the study conducted by the National 
Academy of Sciences pursuant to this section.
    (e) Funding.--From the amounts appropriated for fiscal year 2024 to 
carry out section 20108 of title 49, United States Code, the Secretary 
shall expend such sums as may be necessary, but not more than 
$2,000,000, to carry out the study required under this section.
    (f) Railroad Crossing Elimination Program.--Section 22909 of title 
49, United States Code, is amended--
            (1) in subsection (f)(2)(C)--
                    (A) in clause (i), by striking ``or'' after the 
                semicolon;
                    (B) in clause (ii), by inserting ``or'' after the 
                semicolon at the end; and
                    (C) by adding at the end the following:
                            ``(iii) a bus route to a school or within 1 
                        mile of a school;''; and
            (2) in subsection (g)--
                    (A) by striking ``Except'' and inserting the 
                following:
            ``(1) In general.--Except''; and
                    (B) by adding at the end the following:
            ``(2) Certain bus routes.--The Federal share of the cost of 
        a project given additional consideration under subsection 
        (f)(2)(C)(iii) may not exceed 85 percent.''.
    (g) Railroad Point of Contact for Blocked Crossings.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, each railroad carrier shall 
        establish and maintain a toll-free telephone service for 
        rights-of-way over which the railroad carrier dispatches trains 
        to directly receive calls reporting blocked highway-rail grade 
        crossings.
            (2) Use of existing number.--A railroad carrier may comply 
        with the requirement under subsection (a) by using the 
        telephone number that is being used to comply with section 
        20152(a)(1) of title 49, United States Code.
            (3) Publicly available.--Each railroad carrier subject to 
        this subsection shall notify the Secretary of the telephone 
        number referred to in paragraph (1) or (2), who shall post such 
        number on a publicly-available website of the Department of 
        Transportation.
            (4) Waiver.--The Secretary may waive the requirement that 
        the telephone service be toll-free for Class II and Class III 
        rail carriers if the Secretary determines that toll-free 
        service would be cost prohibitive or unnecessary.

SEC. 105. 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) Periodic Railcar Inspections.--
            (1) Freight car periodic inspections.--Not later than 1 
        year after the date of the enactment of this Act, the Secretary 
        shall issue regulations amending part 215 of title 49, Code of 
        Federal Regulations to create minimum requirements for the 
        periodic inspection of freight cars.
            (2) Requirements.--The regulations issued pursuant to 
        paragraph (1) shall--
                    (A) consider the periodic inspection requirements 
                applicable to locomotives under part 229 of title 49, 
                Code of Federal Regulations, and to passenger cars 
                under part 238 of such title;
                    (B) establish inspection intervals and criteria, 
                taking into account differences in the utilization and 
                service to which freight cars are put and other factors 
                as appropriate, including ownership of the cars, 
                provided that--
                            (i) initial inspections shall be performed 
                        within a reasonable period, as determined by 
                        the Secretary, which period shall not be 
                        shorter than 6 years after the issuance of 
                        regulations pursuant to paragraph (1);
                            (ii) after the initial inspections required 
                        under clause (i), periodic inspections shall be 
                        required not more frequently than once every 5 
                        years; and
                            (iii) if a freight car is not at a suitable 
                        location for safely performing a periodic 
                        inspection on the date such inspection is 
                        required under this subsection, or if the 
                        freight car is not on a Class I railroad, the 
                        freight car may be moved to the next forward 
                        location suitable for safely performing the 
                        inspection on a Class I railroad;
                    (C) provide that periodic inspections may be 
                performed in conjunction with any other inspections or 
                tests required under chapter I or II of subtitle B of 
                title 49, Code of Federal Regulations;
                    (D) ensure that periodic inspections are performed 
                only where adequate facilities are available for safely 
                inspecting all components of freight cars; and
                    (E) require that Class I railroads use inspectors 
                designated under section 215 of title 49, Code of 
                Federal Regulations, to perform periodic inspections 
                pursuant to this subsection and that their primary 
                responsibility is the inspection, testing, maintenance, 
                or repair of freight cars or their components.
    (d) 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.
    (e) 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.
    (f) 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.
    (g) 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 (d) 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.
    (h) 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. 106. EMERGENCY BRAKE SIGNALS.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Administrator of the Federal Railroad 
Administration shall convene a meeting of the Railroad Safety Advisory 
Committee for the purpose of considering a regulatory safety task on 
the functioning of emergency brake signals.
    (b) Purpose.--The Railroad Safety Advisory Committee shall 
consider--
            (1) the sufficiency of the regulations under part 232 of 
        title 49, Code of Federal Regulations, with regard to end-of-
        train and head-of-train device communications;
            (2) whether National Transportation Safety Board Safety 
        Recommendations R-20-028 and R-20-029 have been adequately 
        addressed;
            (3) whether more frequent communication checks between a 
        head-of-train device and an end-of-train device would improve 
        rail safety; and
            (4) whether repetition of the emergency brake signal 
        transmission until it is received by the end-of-train device 
        would improve rail safety.
    (c) Recommendations and Work Plan.--Not later than 90 days after 
the meeting is convened pursuant to subsection (a), a working group of 
the Railroad Safety Advisory Committee should--
            (1) develop initial recommendations with respect to the 
        matters considered under subsection (b); and
            (2) complete a work plan for implementing such 
        recommendations.

SEC. 107. DEFECT DETECTION SYSTEMS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by section 105(a)(1), is further amended by 
adding at the end the following:
``Sec. 20173. Defect detection systems
    ``(a) Definitions.--In this section:
            ``(1) Covered rail carrier.--The term `covered rail 
        carrier' has the meaning given the term `Class I carrier' in 
        section 10102.
            ``(2) Defect detection system.--The term `defect detection 
        system' means the use of defect detectors, the analysis of the 
        data defect detectors produce, and any other aspects a system 
        that help railroads identifying and understand the severity of 
        known safety conditions.
            ``(3) Defect Detector.--The term `defect detector' means 
        any device or equipment situated within the rail system that 
        can detect and communicate a potential or known safety 
        condition.
            ``(4) High-hazard train.--The term `high-hazard train' has 
        the meaning given such term in section 20155(a)(6).
            ``(5) Main line.--The term `main line' 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 
                        hour; and
                    ``(B) intercity rail passenger transportation or 
                commuter rail passenger transportation routes or 
                segments over which high-hazard trains operate.
            ``(6) Physical characteristics.--The term `physical 
        characteristics' means the physical terrain and operating 
        considerations related to the physical terrain for the relevant 
        main line.
    ``(b) Defect Detector Analysis Program.--The Secretary shall 
develop a program for the research, development, testing, and 
evaluation of defect detector systems to inform and support the 
rulemaking required under subsection (d) and the evaluation of plans 
under subsection (c), which shall include--
            ``(1) an evaluation of existing manufacturer recommended 
        practices, industry-developed voluntary consensus technical 
        standards, and railroad safety data to inform appropriate 
        standards for commercially available defect detector systems 
        and ensure the integrity and reliability of their use on the 
        general railroad system, including standards relating to--
                    ``(A) maintenance;
                    ``(B) testing;
                    ``(C) inspection; and
                    ``(D) installation;
            ``(2) an assessment of existing alert thresholds and 
        trending algorithms to determine appropriate metrics and levels 
        to ensure that defect detector systems identify unsafe 
        equipment or operations in time to take appropriate safety 
        actions;
            ``(3) an evaluation of existing processes and procedures 
        for decision making and communication of appropriate safety 
        actions necessary to address unsafe equipment or operations, 
        including--
                    ``(A) stoppage of rail equipment;
                    ``(B) setting out rail equipment;
                    ``(C) train speed reduction;
                    ``(D) diverting a train; and
                    ``(E) inspection requirements;
            ``(4) research to understand the capabilities and 
        limitations of existing technologies in use or developed to 
        better assess the plans required under the final rule issued 
        pursuant to subsection (c); and
            ``(5) research to understand new or developing 
        technologies.
    ``(c) Plan Elements.--
            ``(1) Risk-based.--Each defect detection system plan 
        required under the final rule issued pursuant to subsection (d) 
        shall be risk-based.
            ``(2) Contents.--Each plan referred to in paragraph (1) 
        shall include--
                    ``(A) a summary of the railroad's proposed defect 
                detector network, including--
                            ``(i) how the network will reduce the risk 
                        of incidents near population centers and on 
                        high-hazard train routes; and
                            ``(ii) a description of how the network 
                        will be implemented by the deadline set forth 
                        in subsection (d)(1)(B); and
                    ``(B) a description of how the railroad's defect 
                detection system meets or exceeds the defect detection 
                performance standards described in subsection 
                (d)(1)(D);
                    ``(C) except as provided in paragraph (3), a risk-
                based approach for identifying overheated wheel 
                bearings that require the placement of the types and 
                spacing of defect detectors--
                            ``(i) for main lines traveling within an 
                        urbanized area with a population of at least 
                        75,000, at a distance that provides for any 
                        train operating along the railroad's route to 
                        undergo detection not less than 10 miles before 
                        entering such an area;
                            ``(ii) for main lines not equipped with 
                        acoustic bearing detectors or other similar 
                        technology, at a distance averaging 15 route 
                        miles to the extent possible based on the 
                        physical characteristics of the route; and
                            ``(iii) for main lines equipped with 
                        acoustic bearing detectors or other similar 
                        technology, at a distance averaging 20 route 
                        miles to the extent possible based on the 
                        physical characteristics of the route along 
                        which such detectors are being installed;
                    ``(D) the types and spacing of other wayside defect 
                detectors required to be placed, to the extent such 
                detectors are utilized;
                    ``(E) the manufacturer's expected performance for 
                each type of defect detector and how the carrier will 
                assess compliance with such performance;
                    ``(F) procedures for promptly providing pertinent 
                safety alerts to train employees, including locomotive 
                engineers and conductors, train dispatchers, and 
                relevant maintenance employees;
                    ``(G) the ability to share relevant safety data 
                from the defect detector network with other railroad 
                carriers and with rail car owners;
                    ``(H) policies and procedures for training 
                employees regarding relevant elements of the defect 
                detector system, including--
                            ``(i) persons whose duties include 
                        installing, maintaining, repairing, modifying, 
                        inspecting, reviewing data, and testing safety-
                        critical elements of the railroad's defect 
                        detector, including central office, wayside, or 
                        onboard subsystems;
                            ``(ii) persons who receive and review 
                        defect detector alerts; and
                            ``(iii) persons who operate trains or serve 
                        as a train or engine crew member;
                    ``(I) policies for maintaining records regarding 
                the required elements of the rail defect detector 
                network for not less than 5 years, which shall not 
                include data on individual alerts; and
                    ``(J) designs for the collection and analysis, 
                including applicable alerts, thresholds, and 
                corresponding safety actions.
            ``(3) Alternative hot bearing detection plan.--
                    ``(A) Submission.--A rail carrier may comply with 
                an alternative hot bearing detection plan instead of 
                the requirements described in paragraph (2)(C) if--
                            ``(i) the rail carrier submits such plan to 
                        the Secretary and the Secretary approves the 
                        plan; and
                            ``(ii) the plan provides an equivalent or 
                        higher level of safety as the requirements 
                        described in paragraph (2)(B).
                    ``(B) Triennial reviews.--Not less frequently than 
                triennially, the Secretary shall review each 
                alternative plan approved pursuant to subparagraph (A) 
                to determine its continuing effectiveness at detecting 
                bearing-related defects.
    ``(d) Rulemaking.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of the Railway Safety Act of 2023, the Secretary 
        shall initiate a rulemaking, and not later than 2 years after 
        such date of enactment, the Secretary shall issue a final rule, 
        in compliance with Executive Order 12866 (5 U.S.C. 601 note; 
        relating to regulatory planning and review), that--
                    ``(A) requires covered rail carriers to submit, not 
                later than 1 year after the issuance of such final 
                rule, defect detector network plans that include the 
                elements described in subsection (c)(2);
                    ``(B) requires the covered rail carrier to 
                implement the plan required under paragraph (1) not 
                later than 3 years after the issuance of such final 
                rule;
                    ``(C) creates procedures to review, approve, 
                monitor compliance of such plans;
                    ``(D) establishes performance standards measured by 
                the ability of a defect detection system to identify 
                defects before a condition that is likely to result in 
                an accident or incident, including how such ability 
                will be measured and reported for data related to 
                requirements;
                    ``(E) requires the reporting of data regarding the 
                defect defector network effectiveness, including defect 
                detector failures;
                    ``(F) creates requirements for covered rail 
                carriers to test, inspect, and maintain any defect 
                detector based on the evaluation completed pursuant to 
                subsection (b)(1); and
                    ``(G) establish appropriate thresholds for alerts 
                and corresponding safety actions, to the extent 
                necessary.
            ``(2) Updated standards.--The performance standards 
        established pursuant to paragraph (1)(D) shall be updated not 
        less frequently than once every 5 years.
    ``(e) Updates and Approvals.--
            ``(1) Updates.--Each entity subject to the mandate in 
        subsection (a) shall update the plans required under subsection 
        (d)(1)--
                    ``(A) to reflect material changes to its railcar 
                defect detector network; or
                    ``(B) to address changes made to the performance 
                standards pursuant to subsection (d)(2).
            ``(2) Approvals.--To ensure safety, the Secretary shall 
        promptly review each plan submitted pursuant to subsection 
        (d)(1), including the sufficiency of the performance standards 
        required under subsection (c)(1)(D), and approve or reject each 
        plan and update that is required to be submitted under this 
        section.
            ``(3) Reviews for compliance.--Not less frequently than 
        biannually, the Secretary shall conduct reviews to ensure that 
        railroad carriers are complying with the plans required under 
        paragraph (1).
            ``(4) Public availability.--Not later than 60 days after 
        receipt, the Secretary shall make available to the public on 
        the website of the Department of Transportation any plan or 
        update submitted pursuant to this section, but the Secretary 
        shall redact--
                    ``(A) proprietary information, as verified by the 
                Secretary; and
                    ``(B) security-sensitive information, including 
                information described in section 1520.5(a) of title 49, 
                Code of Federal Regulations (or successor regulation), 
                as verified by the Secretary.
    ``(f) Enforcement .--The Secretary may assess a civil penalty under 
chapter 213 of this title for any violation pursuant to the rulemaking 
under subsection (a) for--
            ``(1) each accident or incident on a route where the 
        railroad is noncompliant with the plan approved under 
        subsection (e)(2); and
            ``(2) failing to take any corresponding safety action to an 
        alert as set forth in the approved plan pursuant to subsection 
        (c)(2)(J).
    ``(g) Preservation of Authority.--Nothing in this section may be 
construed to restrict the authority of the Secretary.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, as amended by section 105(a)(2), 
is further amended by adding at the end the following:

``20173. Defect detection systems.''.
    (c) Temporary Defect Detection Assistance.--
            (1) Formula grant program.--The Administrator of the 
        Federal Railroad Administration shall establish a formula grant 
        program to assist commuter railroads with installing defect 
        detection technology.
            (2) Eligible entities.--A commuter railroad that has a 
        contract with a Class I railroad, as of May 1, 2023, that 
        requires the commuter railroad to install defect detection 
        technology that complies with the approved plan submitted 
        pursuant to section 20173 of title 49, United States Code, is 
        eligible to receive a grant under this subsection.
            (3) Formula.--Grant funding under this subsection shall be 
        allocated based on the number of defect detectors required to 
        be installed to comply with section 20173 of title 49, United 
        States Code.
            (4) Requirements.--Any eligible entity that receive grant 
        funding under this subsection shall comply with the grant 
        conditions set forth in such section 22909(j).
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Federal Railroad Administration such 
        amounts as may be necessary to carry out the formula grant 
        program under this subsection.

SEC. 108. SAFE FREIGHT ACT OF 2023.

    (a) Short Title.--This section may be cited as the ``Safe Freight 
Act of 2023''.
    (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.--Except as provided in subsections (b) and 
(c), a freight train operated by a Class I railroad may not 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.--
            ``(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 a main 
                line track (as defined in section 20173(a)(2);
                    ``(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) do not travel father 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 2023 unless 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) may not be applied to--
                    ``(A) a high-hazard train (as defined in section 
                20155(a)); or
                    ``(B) a train consist 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) Preservation of Authority.--Nothing in this section may be 
construed to restrict the authority of the Secretary.''.
    (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. 109. INCREASED PENALTIES FOR VIOLATIONS OF RAIL SAFETY 
              REGULATIONS.

    (a) Railroad Safety Violations.--Section 21301(a) of title 49, 
United States Code, is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
    ``(1) A person may not fail to comply with a requirement of, a 
regulation prescribed under, or an order issued by, the Secretary under 
chapters 201 through 211. Subject to section 21304, a person violating 
a requirement of, a regulation prescribed under, or an order issued by, 
the Secretary under chapters 201 through 211 is liable to the United 
States Government for a civil penalty. An act by an individual that 
causes a railroad carrier to be in violation constitutes a violation of 
this paragraph. A separate violation occurs for each day such violation 
continues.
    ``(2) The Secretary shall include in, or make applicable to, each 
requirement of, regulation prescribed under, and order issued under 
chapters 201 through 211 a civil penalty for a violation of such 
requirement, regulation, or order in an amount equal to--
            ``(A) at least $5,000 and not more than $1,000,000; or
            ``(B) if the person committing such violation is a small 
        business concern (as such term is used in part 121 of title 13, 
        Code of Federal Regulations (or a successor regulation)), 
        including a Class III railroad, at least $1,000 and not more 
        than $200,000.'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively;
            (3) by inserting after paragraph (2) the following:
    ``(3) If a violation described in paragraph (1) results in death, 
serious illness, or severe injury to any person, causes an imminent 
hazard of death or injury, or results in the substantial destruction of 
property, the Secretary may increase the civil penalty required under 
paragraph (2) to--
            ``(A) a maximum of $5,000,000; or
            ``(B) if the person committing such violation is a small 
        business concern (as such term is used in part 121 of title 13, 
        Code of Federal Regulations (or a successor regulation)), a 
        maximum of $500,000.
    ``(4) The Secretary may double the civil penalty otherwise required 
under paragraph (2) or (3) if the violation follows a pattern of 
repeated violations or otherwise reflects a deliberate indifference or 
conscious disregard to the consequences of the conduct.''; and
            (4) in paragraph (6), as redesignated, by adding at the end 
        the following: ``Such civil action may be brought in the 
        judicial district in which the violation occurred or in which 
        the defendant has its principal executive office. If the civil 
        action is against an individual, the action may also be brought 
        in the judicial district in which such individual resides.''.
    (b) Hours of Service Violations.--Section 21301 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(d) Additional Provisions Related to Violations of Chapter 211.--
(1) In any proceeding involving a violation of chapter 211, or a 
violation of a regulation or order issued pursuant to such chapter, a 
railroad carrier is deemed to have knowledge of the acts of its 
officers and agents.
    ``(2) A civil action involving a violation of chapter 211, or a 
violation of a regulation or order issued pursuant to such chapter, 
shall be brought in an appropriate district court of the United States 
not later than 2 years after the date of such violation unless 
administrative notification under section 3711 of title 31 is given 
within such 2-year period to the person committing the violation. If 
such notification is given, the action shall be brought not later than 
the last day of the 5-year period specified in section 2462 of title 
28.
    ``(3) A separate violation of section 21106 occurs for each day 
employee sleeping quarters are not in compliance with the requirements 
under such section.''.
    (c) Updates of Penalties for Inflation.--Notwithstanding any other 
provision of law, including the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (28 U.S.C. 2461 note), the inflation 
adjustment--
            (1) for minimum penalty amounts amended by this section, 
        and any discretionary inflation adjustment of guideline penalty 
        amounts by the Secretary, shall be rounded to the nearest 
        multiple of $100; and
            (2) for maximum penalty amounts amended by this section, 
        shall be rounded to the nearest multiple of $1,000.
    (d) Repeal.--
            (1) In general.--Chapter 213 of title 49, United States 
        Code, is amended by striking sections 21302 and 21303.
            (2) Clerical amendment.--The analysis for chapter 213 of 
        title 49, United States Code, is amended by striking the items 
        relating to sections 21302 and 21303.

SEC. 110. SAFER TANK CARS.

    (a) Class 3 Flammable Liquids Phase-out Schedule.--Beginning on 
December 31, 2027, no railroad tank car, regardless of its construction 
date, may be used to transport Class 3 flammable liquids in packing 
groups II and III (other than Class 3 flammable liquids listed in 
paragraphs (1) and (2) of section 7304(b) of the Hazardous Materials 
Transportation Safety Improvement Act of 2015 (49 U.S.C. 20155 note)), 
regardless of the composition of the train consist, unless such tank 
car meets or exceeds the DOT-117, DOT-117P, or DOT-117R specifications 
(as in effect on the date of the enactment of this Act), including DOT-
105A, DOT-105H, DOT-105J, DOT-105S, DOT-112H, DOT-112S, DOT-112J, DOT-
120J, and DOT-120S tank cars.
    (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.
    (c) Amending the Phase-out Date.--If the Secretary, based on the 
data contained in the report issued pursuant to subsection (d), 
determines that the phase-out date under subsection (a) cannot be met 
due to insufficient manufacturing capacity or would otherwise result in 
significant impacts to interstate commerce, the Secretary shall delay 
the phase-out scheduled under subsection (a) to December 31, 2028.
    (d) GAO Review.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall issue a report to the Secretary, the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
that--
            (1) identifies the manufacturing capacity of tank car 
        manufacturers in North America, that manufacture tank cars to 
        meet DOT-117 and DOT-117P specification requirements;
            (2) identifies the retrofit capacity of tank car 
        manufacturers and other entities in North America that can 
        retrofit DOT-111 tank cars to meet DOT-117R specification 
        requirements;
            (3) estimates the schedule of replacing tank cars currently 
        in service that are reaching the end of their life cycle;
            (4) identifies the number of tank cars that need to be 
        phased out or retrofitted under subsection (a) and paragraph 
        (2) and the number that could be retrofitted; and
            (5) estimates the demand for new tank cars.

SEC. 111. RAIL SAFETY INFRASTRUCTURE RESEARCH AND DEVELOPMENT GRANTS.

    (a) Research Requirement.--The Administrator of the Federal 
Railroad Administration shall award grants, in accordance with the 
restrictions and limitation on eligibility for Class I railroads under 
section 22907 of title 49, United States Code, which shall be used for 
research and development of defect detectors and the prevention of 
derailments of trains transporting hazardous materials.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Federal Railroad Administration, $22,000,000, which 
shall be used for the grants authorized under subsection (a) and shall 
remain available until expended.

SEC. 112. AUTHORIZATION OF APPROPRIATIONS FOR TANK CAR RESEARCH AND 
              DEVELOPMENT.

    There is authorized to be appropriated to the Pipeline and 
Hazardous Materials Safety Administration, $5,000,000, which shall be 
used for expenses related to the development of--
            (1) stronger, safer tank cars and valves for tank cars; and
            (2) other tank car safety features.

SEC. 113. FEDERAL RAILROAD ADMINISTRATION SAFETY CULTURE.

    (a) Review.--Not later than 1 year after the date of the enactment 
of this Act, the Inspector General of the Department of Transportation 
shall--
            (1) conduct a review of the Federal Railroad 
        Administration's safety culture using the framework developed 
        by the Nuclear Energy Agency of the Organisation for Economic 
        Co-operation and Development; and
            (2) 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 includes recommendations for improving the 
        Federal Railroad Administration's safety culture.
    (b) Considerations.--As a part of the review conducted pursuant to 
subsection (a)(1), the Inspector General shall consider the impacts of 
the Federal Railroad Administration's-
            (1) reorganization of its safety offices and management 
        structure;
            (2) reorganization of its policy and research offices; and
            (3) telework policies, including any change in policies 
        since the beginning of the COVID-19 pandemic.
    (c) Action Plan.--Not later than 1 year after the submission of the 
report required under subsection (a)(2), the Secretary shall submit to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives and post on a public-facing website an action plan that 
addresses the recommendations and findings made by the Inspector 
General in such report.

SEC. 114. GAO REPORT ON ROADWAY WORKER PROTECTIONS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall--
            (1) conduct a review of currently available technologies 
        for roadway workers (as defined in section 214.7 of title 49, 
        Code of Federal Regulations) with protection from the hazards 
        of being struck by a train or other on-track equipment in the 
        United States; and
            (2) submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that summarizes the results of the 
        review conducted under subparagraph (a), including 
        recommendations, as the Comptroller General considers 
        appropriate.
    (b) Contents.--The report submitted under subsection (a)(2) shall--
            (1) describe the frequency, type, and causes of incidences 
        within the rail right-of-way associated with roadway workers 
        being struck by a train or other on-track equipment, based on 
        available data, including whether individuals were acting in 
        compliance with the applicable rules, policies, procedures, and 
        practices;
            (2) describe the types of technologies referenced in 
        subsection (a)(1) that are designed to reduce risk of injury 
        and death when deployed as a secondary warning system to the 
        standard operating procedures of a rail carrier, including for 
        each technology--
                    (A) the primary function and features;
                    (B) the maturity, implementation readiness, and 
                user experience;
                    (C) the frequency of implementation;
                    (D) any costs, including up front and ongoing 
                maintenance costs, of the technology and other costs 
                associated with the technology;
                    (E) safety benefits associated with the technology 
                relative to current rules, policies, procedures, and 
                practices; and
                    (F) ability to enhance protections for roadway 
                workers without negatively impacting operational or 
                network efficiencies;
            (3) discuss the potential for such technologies to reduce 
        or eliminate roadway worker accidents occurring within the rail 
        right-of-way;
            (4) describe any challenges or barriers to adoption of such 
        safety technologies, including operational, technical, and 
        network efficiency challenges or barriers; and
            (5) assess the cost-beneficial nature of utilizing such 
        technology as a secondary warning system.

SEC. 115. FEDERAL RAILROAD ADMINISTRATION SAFETY WORKFORCE MANAGEMENT.

    Not later than 1 year after the date of the enactment of this Act, 
the Inspector General of the Department of Transportation 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 contains the results of a review of 
the Federal Railroad Administration Office of Railroad Safety inspector 
and specialist staff resource management, including--
            (1) an assessment of the changes in the number of Federal 
        Railroad Administration safety inspectors and specialists, 
        including--
                    (A) the number of safety inspector and specialist 
                vacancies;
                    (B) the number of such positions requested in each 
                of the budget requests for the last 10 fiscal years; 
                and
                    (C) the actual workforce levels during each of such 
                fiscal years;
            (2) an assessment of geographic allocation plans, potential 
        hiring and time-to-hire challenges, expected retirement rates, 
        and recruitment and retention strategies;
            (3) a description of any internal Federal Railroad 
        Administration goals for compliance inspection rates across the 
        network of regulated activities, and whether requested and 
        actual safety inspector and specialist workforce levels align 
        with such goals;
            (4) whether the system used for the notification, 
        processing, or storing of civil penalty enforcement cases and 
        other compliance actions recommended by safety inspectors and 
        specialists against railroads, shippers of hazardous materials, 
        and other respondents effectively supports the Federal Railroad 
        Administration's compliance inspection and enforcement program;
            (5) whether any macroeconomic or other conditions exist or 
        have existed under which it has been difficult for the Federal 
        Railroad Administration to fill safety inspector and specialist 
        vacancies, and the degree to which special rates of pay or 
        other recruitment and retention practices could ameliorate or 
        could have ameliorated such difficulty; and
            (6) recommendations for any reforms that could--
                    (A) improve the recruitment, hiring, and retention 
                of Federal Railroad Administration safety inspectors 
                and specialists, including potential quality of life 
                and workplace improvements;
                    (B) improve Federal Railroad Administration 
                workforce management processes; or
                    (C) increase the capacity for inspection 
                activities, if such capacity is identified as 
                deficient, at the Federal Railroad Administration, 
                including activities relating to the transportation of 
                hazardous materials.

SEC. 116. OFFICE OF PERSONNEL MANAGEMENT REVIEW OF SAFETY INSPECTOR AND 
              SPECIALIST CLASSIFICATIONS.

    (a) Revising Railroad Safety Series.--Not later than 270 days after 
the date of the enactment of this Act, the Director of the Office of 
Personnel Management shall--
            (1) complete a review of the Railroad Safety Series, GS-
        2121, TS-37; and
            (2) subject to subsection (b), revise the series referred 
        to in paragraph (1), as appropriate, to reflect factors 
        impacting the Federal Railroad Administration's oversight of 
        the railroad industry, including--
                    (A) current critical Federal Railroad 
                Administration disciplines; and
                    (B) technological advancements and operational 
                conditions within the railroad industry.
    (b) Report.--Not later than 30 days after completing the review 
required under subsection (a), if the Director determines that a 
revision of the Railroad Safety Series is not appropriate, the Director 
shall submit a report to the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on Commerce, Science, 
and Transportation of the Senate, the Committee on Oversight and 
Accountability of the House of Representatives, and the Committee on 
Transportation and Infrastructure of the House of Representatives 
that--
            (1) explains the findings of the review required under 
        subsection (a); and
            (2) justifies the determination not to make revisions to 
        the Railroad Safety Series.

SEC. 117. ALCOHOL AND DRUG TESTING.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary shall amend part 219 of title 49, Code of Federal 
Regulations, to require any employee who, on behalf of a railroad, 
inspects locomotives, passenger cars, railcars, or other on-track 
equipment, to be subject to the breath or body fluid testing required 
under subparts C, D, and E of such part.

   TITLE II--HAZARDOUS MATERIALS EMERGENCY RESPONSE AND PREPAREDNESS

SEC. 201. HAZARDOUS MATERIALS REGISTRATION FEES.

    Section 5108(g) of title 49, United States Code, is amended--
            (1) in paragraph (1), by striking ``(1) The Secretary'' and 
        inserting the following:
            ``(1) In general.--The Secretary''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (C), by striking ``(C) The 
                Secretary'' and inserting the following:
                    ``(D) Transfer and deposit.--The Secretary'';
                    (B) in subparagraph (B), by striking ``(B) The 
                Secretary'' and inserting the following:
                    ``(C) Adjustment.--The Secretary''; and
                    (C) by striking ``(2)(A) In addition'' and all that 
                follows through the period at the end of clause (ix) of 
                subparagraph (A) and inserting the following:
            ``(2) Annual fee.--
                    ``(A) Establishment.--In addition to a fee 
                established under paragraph (1), the Secretary shall 
                establish and impose by regulation and collect an 
                annual fee.
                    ``(B) Requirement.--Subject to subparagraph (C), 
                the fee established under subparagraph (A) shall be--
                            ``(i) at least $250 but not more than $500 
                        from each person that--
                                    ``(I) is required to file a 
                                registration statement under this 
                                section; and
                                    ``(II) is identified as a small 
                                business (within the meaning of part 
                                121 of title 13, Code of Federal 
                                Regulations (or successor 
                                regulations)); and
                            ``(ii) at least $500 but not more than 
                        $5,000 from each person that--
                                    ``(I) is required to file a 
                                registration statement under this 
                                section; and
                                    ``(II) is not identified as a small 
                                business (within the meaning of part 
                                121 of title 13, Code of Federal 
                                Regulations (or successor 
                                regulations)).''.

SEC. 202. VIRTUAL TRAINING OPTIONS.

    Section 5115(b)(1) of title 49, United States Code, is amended--
            (1) in subparagraph (B), by striking ``and'' after the 
        semicolon at the end; and
            (2) by adding at the end the following:
                    ``(D) recommendations for the development of 
                courses described in subparagraph (B) that have been 
                adapted for virtual learning and any courses for which 
                the Secretary has recommended adaptation to provide 
                virtual options, subject to the condition that the 
                Secretary ensures that the virtual options recommended 
                will provide an equivalent level of training as in-
                person courses; and''.

SEC. 203. HAZARDOUS MATERIALS TRANSPORTATION EMERGENCY RESPONSE AND 
              PREPAREDNESS GRANTS.

    (a) In General.--Section 5116 of title 49, United States Code, is 
amended--
            (1) by striking the section designation and heading and 
        inserting the following:
``Sec. 5116. Hazardous materials transportation emergency response and 
              preparedness'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B), by striking 
                        ``and'' after the semicolon at the end;
                            (ii) in subparagraph (C)--
                                    (I) by striking ``public sector 
                                employees'' and inserting ``emergency 
                                response personnel''; and
                                    (II) by striking the period at the 
                                end and inserting a semicolon; and
                            (iii) by adding at the end the following:
            ``(D) until September 31, 2026, to purchase personal 
        protective equipment, as determined by the Secretary, needed to 
        respond to a hazardous materials emergency response incident, 
        consistent with paragraph (7) and subject to the condition that 
        not more than 50 percent of the funds made available under this 
        subsection may be used for that purpose;
            ``(E) to conduct and organize simulated and field exercises 
        relating to hazardous materials transportation incidents; and
            ``(F) to develop a hazardous materials transportation 
        emergency response preparedness gap analysis in accordance with 
        paragraph (9).'';
                    (B) in paragraph (5)(A)--
                            (i) in clause (i), by striking ``public 
                        sector employees being trained'' and inserting 
                        ``emergency response personnel being trained 
                        virtually or in person'';
                            (ii) in clause (ii), by striking 
                        ``employees'' and inserting ``personnel'';
                            (iii) in clause (iii)--
                                    (I) by striking ``employees'' and 
                                inserting ``personnel''; and
                                    (II) by striking ``and'' after the 
                                semicolon at the end; and
                            (iv) by adding at the end the following:
                    ``(v) to cover the costs of personnel needed to 
                replace any personnel being trained; and
                    ``(vi) to cover lost wages for any volunteer being 
                trained, up to a reasonable amount determined by the 
                Secretary;'';
                    (C) in paragraph (6)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
            ``(A) whether grant funds will be used to support the 
        ability of the United States to respond to hazardous materials 
        incidents near infrastructure commonly used to transport 
        hazardous materials;''; and
                            (ii) in subparagraph (B), by striking 
                        ``amounts'' and inserting ``number of 
                        shipments'';
                    (D) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (8), respectively;
                    (E) by inserting after paragraph (4) the following:
    ``(5)(A) Subject to subparagraph (C), any State receiving a grant 
under this subsection shall, not later than 180 days after receiving 
the grant funds, make available to eligible local entities--
            ``(i) not less than 70 percent of the grant funds; or
            ``(ii) eligible services or activities described in 
        paragraph (1) having a value of not less than 70 percent of the 
        amount of the grant.
    ``(B) A State shall certify to the Secretary that the State has 
made the distribution to eligible local entities required under 
paragraph (1) by providing such information as the Secretary shall 
require.
    ``(C)(i) The Governor of a State may request in writing that the 
Secretary extend the period under subparagraph (A) for an additional 
period of time.
    ``(ii) The Secretary may approve a request under clause (i) if the 
Secretary determines that the delay in providing grant funding to 
eligible local entities pursuant to the extension is necessary to 
promote effective investments to prepare for or respond to hazardous 
materials transportation incidents.
    ``(D) Subparagraph (A) shall not apply to Tribes, the District of 
Columbia, the Commonwealth of Puerto Rico, American Samoa, the 
Commonwealth of the Northern Mariana Islands, Guam, or the Virgin 
Islands.
    ``(E) An eligible local entity may petition the Secretary to 
request that grant funds be provided by the Secretary directly to the 
eligible local entity if a State fails to apply for a grant under this 
subsection.
    ``(F) In making grant funds available to eligible local entities 
under subparagraph (A), States shall consider whether the eligible 
local entity has a high proportion of volunteer emergency responders.
    ``(G) For purposes of this paragraph, term `eligible local entity' 
means each of the following:
            ``(i) A political subdivision of a State.
            ``(ii) A public emergency response organization.'';
                    (F) by inserting after paragraph (6) (as so 
                redesignated) the following:
    ``(7) A recipient of funds provided under this subsection may use 
the funds to purchase personal protective equipment only if the 
recipient agrees to properly maintain and store that personal 
protective equipment.''; and
                    (G) by inserting after paragraph (8) (as so 
                redesignated) the following:
    ``(9)(A) Each hazardous materials transportation emergency response 
preparedness gap analysis shall include--
            ``(i) an identification of gaps and limitations of the 
        hazard response program of the applicable jurisdiction, 
        including--
                    ``(I) knowledge and personal protective equipment 
                gaps; and
                    ``(II) gaps in training, including Incident Command 
                Management training and ASTM Standard E3241 training; 
                and
            ``(ii) a strategic plan to address the gaps and limitations 
        identified under clause (i).
    ``(B) In developing a hazardous materials transportation emergency 
response preparedness gap analysis under subparagraph (A), the entity 
preparing the analysis shall--
            ``(i) coordinate with Regional Response Teams (as described 
        in section 300.115 of title 40, Code of Federal Regulations (or 
        a successor regulation));
            ``(ii) include States, Tribes, hazardous materials 
        emergency response programs, local governments, and emergency 
        response personnel (including fire service organizations) in 
        that development, as appropriate; and
            ``(iii) provide an opportunity for States, Tribes, 
        hazardous materials emergency response programs, local 
        governments, and emergency response personnel (including fire 
        service organizations) to review and comment on the analysis 
        before the analysis is published.'';
            (3) in subsection (d)--
                    (A) in the second sentence, by striking ``Amounts'' 
                and inserting the following:
            ``(2) Certain amounts.--Amounts'';
                    (B) in the first sentence, by striking ``A grant 
                under this section is for 80 percent of the cost the 
                State or Indian tribe incurs'' and inserting the 
                following:
            ``(1) In general.--A grant under this section is for 90 
        percent of the costs incurred by a State, or 100 percent of the 
        costs incurred by a Tribe,''; and
                    (C) by adding at the end the following:
            ``(3) In-kind contributions.--For purposes of this 
        subsection, the contributions of a State or Tribe toward the 
        costs of an activity funded by a grant under this section may 
        be in the form of in-kind contributions.'';
            (4) in subsection (h)--
                    (A) in the second sentence--
                            (i) in paragraph (4), by striking ``2 
                        percent'' and inserting ``4 percent'';
                            (ii) by redesignating paragraphs (1) 
                        through (4) as subparagraphs (A) through (D), 
                        respectively, and indenting appropriately; and
                            (iii) in the matter preceding subparagraph 
                        (A) (as so redesignated), by striking 
                        ``Without'' and inserting the following:
            ``(2) Uses.--Without''; and
                    (B) in the first sentence--
                            (i) by striking ``section 5108(g)(2)(C) of 
                        this title'' and inserting ``section 
                        5108(g)(2)(D)''; and
                            (ii) by striking ``The Secretary'' and 
                        inserting the following:
            ``(1) In general.--The Secretary''; and
                    (C) by adding at the end the following:
            ``(3) Set aside.--
                    ``(A) In general.--The amounts collected under 
                section 5123--
                            ``(i) shall be set aside for the purpose of 
                        carrying out subsection (k); and
                            ``(ii) shall be available, without further 
                        appropriation, for that purpose.
                    ``(B) Application.--The set-aside described in 
                subparagraph (A)--
                            ``(i) shall apply until the earliest date 
                        on which the total amount set aside and 
                        available for expenditure under that 
                        subparagraph equals or exceeds $50,000,000; and
                            ``(ii) after that date, shall apply to each 
                        subsequent period--
                                    ``(I) beginning on a date on which 
                                the total amount set aside and 
                                available for expenditure under that 
                                subparagraph is less than $20,000,000; 
                                and
                                    ``(II) ending on the earliest 
                                subsequent date on which the total 
                                amount set aside and available for 
                                expenditure under that subparagraph 
                                equals or exceeds $50,000,000.'';
            (5) in subsection (k)--
                    (A) in paragraph (3), by striking ``such planning 
                and training programs'' and inserting ``each grant 
                program'';
                    (B) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A), (B), (D), and (E), respectively, and 
                indenting appropriately;
                    (C) by inserting after subparagraph (B) (as so 
                redesignated) the following:
                    ``(C) a description of any personal protective 
                equipment purchased using grant funds;''; and
                    (D) in the matter preceding subparagraph (A) (as so 
                redesignated)--
                            (i) in the first sentence, by striking ``an 
                        annual report''; and
                            (ii) by striking ``the report to the 
                        public'' in the first sentence and all that 
                        follows through ``grants and include--'' in the 
                        third sentence and inserting the following: 
                        ``to the public an annual report that--
            ``(1) includes information on the allocation and uses of 
        the grants made available under--
                    ``(A) this section; and
                    ``(B) subsections (e) and (i) of section 5107;
            ``(2) identifies the ultimate recipients of those grants;
            ``(3) identifies the amount of funding available for each 
        grant;
            ``(4) describes any unobligated balances, total annual 
        drawdown by each grantee, and recovered balances;
            ``(5) includes the amount of funding rescinded, by grant 
        recipient, for each grant; and
            ``(6) includes--'';
            (6) by striking ``tribe'' each place it appears and 
        inserting ``Tribe''; and
            (7) by striking ``tribes'' each place it appears and 
        inserting ``Tribes''.
    (b) Assistance for Local Emergency Response Training.--Section 
5116(j)(1)(A) of title 49, United States Code, is amended by striking 
``liquids'' and inserting ``materials''.
    (c) Authorization of Appropriations.--Section 5128(b) of title 49, 
United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Hazardous Materials Preparedness Fund'' and inserting 
        ``Hazardous Materials Emergency Preparedness Fund'';
            (2) in paragraph (3), by striking ``section 5116(h)(3); 
        and'' and inserting ``section 5116(h)(2)(C);''; and
            (3) by striking paragraph (4) and inserting the following:
            ``(4) $4,000,000 to carry out section 5116(i); and
            ``(5) $1,000,000 to carry out section 5116(j).''.
    (d) Clerical Amendment.--The analysis for chapter 51 of title 49, 
United States Code, is amended by striking the item relating to section 
5116 and inserting the following:

``5116. Hazardous materials transportation emergency response and 
                            preparedness.''.
    (e) Conforming Amendments.--
            (1) Section 5102 of title 49, United States Code, is 
        amended by striking paragraph (6) and inserting the following:
            ``(6) `Indian tribe', `Indian Tribe', and `Tribe' have the 
        meaning given the term `Indian Tribe' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).''.
            (2) Section 5123 of title 49, United States Code, is 
        amended by striking subsection (g) and inserting the following:
    ``(g) Transfer of Amounts Collected.--Amounts collected under this 
section shall be transferred to the Hazardous Materials Emergency 
Preparedness Fund established under section 5116(h).''.

SEC. 204. EMERGENCY RESPONSE ASSISTANCE.

    Section 5116 of title 49, United States Code, is amended--
            (1) by redesignating subsection (k) as subsection (l);
            (2) by inserting after subsection (j) the following:
    ``(k) Emergency Response Assistance.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Significant hazardous materials 
                transportation incident.--The term `significant 
                hazardous materials transportation incident' means an 
                incident that--
                            ``(i) involves hazardous materials being 
                        moved by a motor carrier or rail carrier;
                            ``(ii) requires a response by at least 1 
                        eligible entity described in paragraph (6) for 
                        which the Secretary estimates the costs to the 
                        eligible entity to be at least $15,000; and
                            ``(iii) results in a serious injury, 
                        fatality, or substantial property damage.
                    ``(B) Substantial property damage.--The term 
                `substantial property damage' means damage to public or 
                private property or the environment (including clean up 
                costs) the Secretary reasonably estimates to be more 
                than $45,000.
            ``(2) Establishment of program.--Not later than 1 year 
        after the date of enactment of the Railway Safety Act of 2023, 
        the Secretary, in consultation with the Administrator of the 
        Federal Emergency Management Agency and the Administrator of 
        the Environmental Protection Agency, after providing an 
        opportunity for notice and comment, shall establish an 
        emergency response assistance program to provide immediate 
        financial assistance to communities responding to a significant 
        hazardous materials transportation incident.
            ``(3) Significant hazardous materials transportation 
        incident.--
                    ``(A) In general.--The Secretary shall have the 
                authority to declare a significant hazardous materials 
                transportation incident.
                    ``(B) Guidelines.--The Secretary shall establish 
                and publish guidelines to determine whether a 
                significant hazardous materials transportation incident 
                has occurred.
            ``(4) Release of funds.--
                    ``(A) In general.--The Secretary shall immediately 
                make available from the amount set aside under 
                subsection (h)(3) in the Hazardous Materials Emergency 
                Preparedness Fund established under subsection (h)(1) 
                (referred to in this subsection as the `Fund') up to 
                $10,000,000 to quickly reimburse eligible entities 
                described in paragraph (6) that responded to a 
                significant hazardous materials transportation incident 
                if--
                            ``(i) the Secretary declares the incident a 
                        significant hazardous materials transportation 
                        incident; and
                            ``(ii) at least 14 days but not later than 
                        21 days after the declaration of a significant 
                        hazardous materials transportation incident, 
                        the Secretary determines, in accordance with 
                        paragraph (8), that the responsible party does 
                        not have an acceptable reimbursement plan.
                    ``(B) Additional funds.--In addition to any amounts 
                made available under subparagraph (A), the Secretary 
                shall make additional funding available from the amount 
                set aside under subsection (h)(3) in the Fund if the 
                Secretary determines that the additional funding is 
                necessary.
                    ``(C) Authority.--The Secretary may make funds 
                available under this subsection if the Secretary 
                determines the responsible party is not complying with 
                its acceptable plan under paragraph (8).
            ``(5) Administration of funds.--The Secretary may provide 
        funds from the amount set aside under subsection (h)(3) in the 
        Fund to a State in which a hazardous materials transportation 
        incident occurred for the State to use and administer 
        reimbursements in accordance with this subsection, including by 
        providing funds to eligible entities described in paragraph 
        (6).
            ``(6) Eligible entities described.--The eligible entities 
        referred to in paragraphs (4)(A) and (5) are--
                    ``(A) States, territories, and Tribes;
                    ``(B) political subdivisions of a State or 
                territory; and
                    ``(C) public emergency response organizations.
            ``(7) Use of funds.--
                    ``(A) In general.--Funds made available under 
                paragraph (4) or (5) may be used only--
                            ``(i) for the cost of replacing personal 
                        protective equipment that is damaged, 
                        contaminated, or otherwise rendered unusable as 
                        a result of the response of the eligible entity 
                        to a significant hazardous materials 
                        transportation incident;
                            ``(ii) for overtime pay of employees of 
                        eligible entities that responded to the scene 
                        of a significant hazardous materials 
                        transportation incident;
                            ``(iii) for operational costs exceeding 
                        standard operating expenses that are directly 
                        related to the cost of responding to the 
                        significant hazardous materials transportation 
                        incident, such as the costs of running a 
                        supplementary emergency response center;
                            ``(iv) for the cost of providing baseline 
                        health care assessments to emergency response 
                        personnel who responded to the significant 
                        hazardous materials transportation incident, 
                        but not more than $1,000 per person, which 
                        shall be adjusted annually for inflation; and
                            ``(v) to reimburse an eligible entity for 
                        an eligible cost described in any of clauses 
                        (i) through (iv) that is incurred within 30 
                        days of the date of a significant hazardous 
                        materials transportation incident.
                    ``(B) Documentation of costs.--Not later than 1 
                year after the date on which the Secretary declares a 
                significant hazardous materials transportation incident 
                for which an eligible entity receives assistance under 
                this subsection, the eligible entity shall submit to 
                the Secretary documentation for each item for which 
                that assistance was used pursuant to the eligible uses 
                of funds described in subparagraph (A).
                    ``(C) Misuse of funds.--If the Secretary determines 
                that an eligible entity has used assistance received 
                under this subsection in a manner that violates 
                subparagraph (A) or any other provision of this 
                subsection, the eligible entity shall reimburse the 
                Fund (if the assistance was provided from the Fund) or 
                the responsible party (if the assistance was provided 
                by the responsible party), for the amount of that 
                assistance.
            ``(8) Acceptable plan.--
                    ``(A) In general.--For purposes of paragraph 
                (4)(A)(ii), the Secretary shall consider a 
                reimbursement plan of a responsible party to be 
                acceptable if the plan seeks to review and process 
                claims made by eligible entities for the costs 
                described in paragraph (7) not later than 90 days after 
                the date of the significant hazardous materials 
                transportation incident.
                    ``(B) Advance submission; certain plans.--
                            ``(i) Advance submission.--A plan to 
                        provide reimbursement to eligible entities in 
                        accordance with subparagraph (A) may be 
                        submitted to the Secretary for approval in 
                        advance of any significant hazardous materials 
                        transportation incident to which the plan might 
                        apply.
                            ``(ii) Certain plan.--A hazardous materials 
                        emergency response plan approved by the 
                        Secretary in accordance with section 20155(e) 
                        shall be considered an acceptable plan for 
                        purposes of this subsection.
            ``(9) Reimbursement by responsible party.--
                    ``(A) In general.--Subject to subparagraph (F), the 
                party responsible for a significant hazardous materials 
                transportation incident shall be liable to the 
                Secretary for reimbursement of all amounts disbursed 
                from the Fund under this subsection for that 
                significant hazardous materials transportation 
                incident.
                    ``(B) Requirement.--Any funding recovered by the 
                Secretary under this subsection shall be deposited back 
                into the Fund.
                    ``(C) Notice.--After the Secretary has received the 
                documented costs under paragraph (7)(B), the Secretary 
                shall provide notice to the responsible party regarding 
                the total amount owed.
                    ``(D) Final agency action.--Not later than 30 days 
                after the Secretary makes a determination of the amount 
                for which the responsible party is liable under 
                subparagraph (A), the responsible party may challenge 
                that determination as a final agency action.
                    ``(E) Civil action.--
                            ``(i) In general.--The Attorney General may 
                        bring a civil action in an appropriate district 
                        court of the United States to collect unpaid 
                        amounts under this paragraph and any accrued 
                        interest on those amounts.
                            ``(ii) Limitation on judicial review.--In a 
                        civil action under clause (i), the amount for 
                        which a responsible party is liable, as 
                        determined by the Secretary, unless challenged 
                        under subparagraph (D), shall not be subject to 
                        judicial review.
                    ``(F) Discretion.--If the responsible party is a 
                small business concern (within the meaning of part 121 
                of title 13, Code of Federal Regulations (or successor 
                regulations)) that is unable to fully reimburse the 
                Secretary, the Secretary shall have discretion with 
                respect to the amount of funds the Secretary requests 
                from the responsible party under this paragraph.
            ``(10) Streamlined application process.--The Secretary 
        shall streamline the application process for the receipt of 
        funds under this subsection, including by--
                    ``(A) providing technical assistance to eligible 
                entities; and
                    ``(B) creating a template that eligible entities 
                can use to apply for funding.
            ``(11) Savings provisions.--
                    ``(A) Liability.--Nothing in this subsection 
                limits, or may be construed to limit, the liability of 
                a responsible party.
                    ``(B) Reimbursement.--
                            ``(i) In general.--A responsible party may, 
                        in accordance with any other applicable law--
                                    ``(I) seek to establish that 
                                another party was responsible, in whole 
                                or in part (as such other law allows), 
                                for the applicable significant 
                                hazardous materials transportation 
                                incident; and
                                    ``(II) seek reimbursement (to the 
                                extent such other law allows) from that 
                                other party.
                            ``(ii) Effect of subsection.--Nothing in 
                        this subsection limits, or may be construed to 
                        limit, the ability of a responsible party to 
                        seek reimbursement from any other party found 
                        to be responsible in any civil action arising 
                        from the applicable significant hazardous 
                        materials transportation incident.
                            ``(iii) Effect of determination.--A 
                        determination by the Secretary that a party is 
                        a responsible party for purposes of this 
                        subsection shall not be considered or otherwise 
                        have any effect with respect to the 
                        determination of liability in any civil action 
                        described in clause (ii).
                            ``(iv) Effect of reimbursements and other 
                        activities.--No activity taken under this 
                        subsection to reimburse an eligible entity, 
                        reimburse the Secretary, prepare or carry out a 
                        reimbursement plan, or otherwise comply with or 
                        make a payment under this subsection shall be 
                        considered or otherwise have any effect with 
                        respect to the determination of liability in 
                        any civil action described in clause (ii).
            ``(12) Comptroller general report.--
                    ``(A) In general.--Not later than September 30, 
                2027, the Comptroller General of the United States 
                shall submit to Congress a report on the effectiveness 
                this subsection.
                    ``(B) Contents.--The report submitted under 
                subparagraph (A) shall include, at a minimum, 
                information on--
                            ``(i) the number of significant hazardous 
                        materials transportation incidents that 
                        received funding under this subsection;
                            ``(ii) the amount of financial assistance 
                        the Secretary provided to eligible entities;
                            ``(iii) the amount of financial assistance 
                        responsible parties submitted to the Secretary 
                        under paragraph (9);
                            ``(iv) the amount of reimbursement the 
                        Secretary received from eligible entities as 
                        required under paragraph (7)(C);
                            ``(v) whether the amounts provided by the 
                        Secretary under this subsection adequately 
                        reflect the amounts actually spent by the 
                        eligible entities;
                            ``(vi) whether the Secretary was able to 
                        provide the financial assistance quickly enough 
                        to the eligible entities so that the assistance 
                        effectively supported the preparedness of the 
                        eligible entities to respond to potential 
                        future incidents; and
                            ``(vii) any other factors the Comptroller 
                        General of the United States considers to be 
                        appropriate to review the effectiveness of this 
                        subsection.''; and
            (3) by adding at the end the following:
    ``(m) Definitions.--In this section:
            ``(1) Emergency response personnel.--The term `emergency 
        response personnel' means--
                    ``(A) an employee of a State, territory, Tribe, or 
                political subdivision of a State; and
                    ``(B) a person belonging to a public emergency 
                response organization.
            ``(2) Public emergency response organization.--
                    ``(A) In general.--The term `public emergency 
                response organization' means--
                            ``(i) a fire department that has an all-
                        paid force of firefighting personnel other than 
                        paid-on-call firefighters;
                            ``(ii) a fire department that has--
                                    ``(I) paid firefighting personnel; 
                                and
                                    ``(II) volunteer firefighting 
                                personnel;
                            ``(iii) a nonaffiliated EMS organization; 
                        and
                            ``(iv) a fire department that has an all-
                        volunteer force of firefighting personnel.
                    ``(B) Associated definition.--For purposes of 
                subparagraph (A)(iii), the term `nonaffiliated EMS 
                organization' means a public or private nonprofit 
                emergency medical services organization that--
                            ``(i) is not affiliated with a hospital; 
                        and
                            ``(ii) does not serve a geographic area for 
                        which the Secretary or a State finds that 
                        emergency medical services are adequately 
                        provided by a fire department.''.
                                                       Calendar No. 284

118th CONGRESS

  1st Session

                                 S. 576

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 13, 2023

                       Reported with an amendment
```