RAIL Act

Subjects: Transportation and Public Works


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1633 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1633

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2023

 Mr. Johnson of Ohio (for himself, Mrs. Sykes, Mr. Miller of Ohio, Mr. 
Landsman, Mr. Balderson, Ms. Kaptur, Mr. Carey, Mrs. Beatty, Mr. Joyce 
  of Ohio, Ms. Brown, and Mr. Turner) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Reducing Accidents 
In Locomotives Act'' or the ``RAIL Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Defined term.
Sec. 3. Recommendations for safety.
Sec. 4. Rail car inspections.
Sec. 5. Defect detectors.
Sec. 6. Increasing maximum civil penalties for violations of rail 
                            safety regulations.
Sec. 7. Safer tank cars.
Sec. 8. Hazardous materials training for first responders.

SEC. 2. DEFINED TERM.

    In this Act, the term ``Secretary'' means the Secretary of 
Transportation.

SEC. 3. RECOMMENDATIONS FOR SAFETY.

    (a) Rulemaking.--Not later than 1 year after the date on which the 
National Transportation Safety Board issues the report on the East 
Palestine, Ohio crash, the Secretary, in consultation with the 
Administrator of the Federal Railroad Administration, shall issue 
regulations, or modify existing regulations, based on such report 
establishing safety requirements, in accordance with subsection (b), 
with which a rail carrier operating a train transporting hazardous 
materials that is not subject to the requirements for a high-hazard 
flammable train under section 174.310 of title 49, Code of Federal 
Regulations, shall comply with respect to the operation of each such 
train and the maintenance of specification tank cars.
    (b) Requirements.--The regulations issued pursuant to subsection 
(a) shall require rail carriers--
            (1) to provide advance notification and information 
        regarding the transportation of hazardous materials described 
        in subsection (a) to each State emergency response 
        commissioner, the tribal emergency response commission, or any 
        other State or tribal agency responsible for receiving the 
        information notification for emergency response planning 
        information;
            (2) to include, in the notification provided pursuant to 
        paragraph (1), a written gas discharge plan with respect to the 
        applicable hazardous materials being transported; and
            (3) to reduce or eliminate blocked crossings resulting from 
        delays in train movements.
    (c) Additional Requirements.--In developing the regulations 
required under subsection (a), the Secretary shall include requirements 
regarding--
            (1) train length and weight;
            (2) train consist;
            (3) route analysis and selection;
            (4) speed restrictions;
            (5) track standards;
            (6) track, bridge, and rail car maintenance;
            (7) signaling and train control; and
            (8) response plans.

SEC. 4. RAIL CAR INSPECTIONS.

    (a) Rulemaking.--
            (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--
                    (A) to create minimum time requirements that a 
                qualified mechanical inspector must spend when 
                inspecting a rail car or locomotive; and
                    (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.
            (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.
    (b) 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 rail car inspection programs, subject to the 
        requirements under part 215 of title 49, Code of Federal 
        Regulations, which--
                    (A) consider whether such programs are in 
                compliance with such part 215;
                    (B) assess the type and content of training and 
                performance metrics that such programs provide rail car 
                inspectors;
                    (C) determine whether such programs provide 
                inspectors with adequate time to inspect rail cars;
                    (D) determine whether such programs reflect the 
                current operating practices of the railroad carrier; 
                and
                    (E) ensure that such programs are not overly 
                reliant on train crews.
            (2) Audit scheduling.--The Secretary shall--
                    (A) schedule the audits required under paragraph 
                (1) to ensure that--
                            (i) each Class I railroad is audited not 
                        less frequently than once every 5 years; and
                            (ii) a select number, as determined by the 
                        Secretary, of Class II and Class III railroads 
                        are audited annually; 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.--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.
            (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 mechanical employees of the railroad.
                    (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.
    (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.
    (d) 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 prior year's audits;
            (2) summarizes any updates made pursuant to this section; 
        and
            (3) excludes any confidential business information or 
        sensitive security information.
    (e) Rule of Construction.--Nothing in this section may be 
construed--
            (1) to limit the deployment of pilot programs for the 
        installation, test, verification, and review of automated rail 
        and train inspection technologies; or
            (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.

SEC. 5. DEFECT DETECTORS.

    (a) Rulemaking.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall issue regulations 
establishing requirements for the installation, repair, testing, 
maintenance, and operation of wayside defect detectors for each rail 
carrier operating a train consist carrying hazardous materials.
    (b) Requirements.--The regulations issued pursuant to subsection 
(a) shall include requirements regarding--
            (1) the frequency of the placement of wayside defect 
        detectors, including a requirement that all Class I railroads 
        install a hotbox detector along every 10-mile segment of rail 
        track over which trains carrying hazardous materials operate;
            (2) performance standards for such detectors;
            (3) the maintenance and repair requirements for such 
        detectors;
            (4) reporting data and maintenance records of such 
        detectors;
            (5) appropriate steps the rail carrier must take when 
        receiving an alert of a defect or failure from or regarding a 
        wayside defect detector; and
            (6) the use of hotbox detectors to prevent derailments from 
        wheel bearing failures, including--
                    (A) the temperatures, to be specified by the 
                Secretary, at which an alert from a hotbox detector is 
                triggered to warn of a potential wheel bearing failure; 
                and
                    (B) any actions that shall be taken by a rail 
                carrier upon receiving an alert from a hotbox detector 
                of a potential wheel bearing failure.
    (c) Defect and Failure Identification.--The Secretary shall specify 
the categories of defects and failures that wayside defect detectors 
covered by regulations issued pursuant to subsection (a) shall address, 
including--
            (1) axles;
            (2) wheel bearings;
            (3) brakes;
            (4) signals;
            (5) wheel impacts; and
            (6) other defects or failures specified by the Secretary.
    (d) Safety Placards.--
            (1) In general.--In issuing regulations under subsection 
        (a), the Secretary shall require that placards covered under 
        section 172.519 of title 49, Code of Federal Regulations, be 
        able to withstand heat in excess of 180 degrees.
            (2) Update based on recommendations.--The Secretary may, 
        upon recommendation from the National Transportation Safety 
        Board, issue such regulations as are necessary to increase the 
        heat threshold described in paragraph (1).

SEC. 6. INCREASING MAXIMUM CIVIL PENALTIES FOR VIOLATIONS OF RAIL 
              SAFETY REGULATIONS.

    (a) Civil Penalties Related to Transporting Hazardous Materials.--
Section 5123(a) of title 49, United States Code, is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``$75,000'' and inserting ``the greater of 0.5 
        percent of the person's annual income or annual operating 
        income or $750,000''; and
            (2) in paragraph (2), by striking ``$175,000'' and 
        inserting ``the greater of 1 percent of the person's annual 
        income or annual operating income or $1,750,000''.
    (b) General Violations of Chapter 201.--Section 21301(a)(2) of 
title 49, United States Code, is amended--
            (1) by striking ``$25,000.'' and inserting ``the greater of 
        0.5 percent of the person's annual income or annual operating 
        income or $250,000''; and
            (2) by striking ``$100,000.'' and inserting ``the greater 
        of 1 percent of the person's annual income or annual operating 
        income or $1,000,000''.
    (c) Accident and Incident Violations of Chapter 201; Violations of 
Chapters 203 Through 209.--Section 21302(a) is amended--
            (1) in paragraph (1), by striking ``203-209'' each place it 
        appears and inserting ``203 through 209''; and
            (2) in paragraph (2)--
                    (A) by striking ``$25,000'' and inserting ``the 
                greater of 0.5 percent of the person's annual income or 
                annual operating income or $250,000''; and
                    (B) by striking ``$100,000'' and inserting ``the 
                greater of 1 percent of the person's annual income or 
                annual operating income or $1,000,000''.
    (d) Violations of Chapter 211.--Section 21303(a)(2) is amended--
            (1) by striking ``$25,000.'' and inserting ``the greater of 
        0.5 percent of the person's annual income or annual operating 
        income or $250,000''; and
            (2) by striking ``$100,000.'' and inserting ``the greater 
        of 1 percent of the person's annual income or annual operating 
        income or $1,000,000''.

SEC. 7. SAFER TANK CARS.

    (a) Phase-Out Schedule.--Beginning on May 1, 2028, a rail carrier 
may not use DOT-111 specification railroad tank cars that do not comply 
with DOT-117, DOT-117P, or DOT-117R specification requirements, as in 
effect on the date of enactment of this Act, to transport Class 3 
flammable liquids regardless of the composition of the train consist.
    (b) Conforming Regulatory Amendments.--
            (1) In general.--The Secretary--
                    (A) shall immediately remove or revise the date-
                specific deadlines in any applicable regulations or 
                orders to the extent necessary to conform with the 
                requirement under subsection (a); and
                    (B) may not enforce any date-specific deadlines or 
                requirements that are inconsistent with the requirement 
                under subsection (a).
            (2) Rule of construction.--Except as required under 
        paragraph (1), nothing in this section may be construed to 
        require the Secretary to issue regulations to implement this 
        section.

SEC. 8. HAZARDOUS MATERIALS TRAINING FOR FIRST RESPONDERS.

    (a) Annual Registration Fee.--Section 5108(g) of title 49, United 
States Code, is amended by adding at the end the following:
            ``(4) Additional fee for class i rail carriers.--In 
        addition to the fees collected pursuant to paragraphs (1) and 
        (2), the Secretary shall establish and annually impose and 
        collect from each Class I rail carrier a fee in an amount equal 
        to $1,000,000.''.
    (b) Assistance for Local Emergency Response Training.--Section 
5116(j)(1)(A) of title 49, United States Code, is amended--
            (1) by striking ``liquids'' and inserting ``materials''; 
        and
            (2) in paragraph (3), by amending subparagraph (A) to read 
        as follows:
                    ``(A) In general.--To carry out the grant program 
                established pursuant to paragraph (1), the Secretary 
                may expend, during each fiscal year--
                            ``(i) the amounts collected pursuant to 
                        section 5108(g)(4); and
                            ``(ii) any amounts recovered during such 
                        fiscal year from grants awarded under this 
                        section during a prior fiscal year.''.
    (c) Supplemental Training Grants.--Section 5128(b)(4) of title 49, 
United States Code is amended by striking ``$2,000,000'' and inserting 
``$4,000,000''.
                                 &lt;all&gt;
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