I 
118TH CONGRESS 
1ST SESSION H. R. 5871 
To enhance safety requirements for trains, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 2, 2023 
Ms. STANSBURY
(for herself, Mr. NORCROSS, Ms. BUDZINSKI, Mr. 
ESPAILLAT, Ms. SALINAS, Mr. KEATING, Ms. LEE of California, Mr. 
MORELLE, Mr. SCHIFF, Ms. SCHAKOWSKY, Mr. CA´RDENAS, Mr. MAG-
AZINER, 
Ms. 
PETTERSEN, 
Ms. 
MCCOLLUM, 
Ms. 
TITUS, 
Mr. 
KRISHNAMOORTHI, Mr. CARSON, Ms. NORTON, Ms. TLAIB, Ms. OCASIO- 
CORTEZ, Mr. POCAN, Mr. DESAULNIER, Mr. MOSKOWITZ, Ms. 
PRESSLEY, Ms. SA´NCHEZ, Ms. GARCIA of Texas, Ms. ESCOBAR, Ms. 
DELAURO, Mr. TAKANO, Ms. LOIS FRANKEL of Florida, Ms. CARAVEO, 
Ms. OMAR, Mrs. DINGELL, Mr. LYNCH, Ms. BONAMICI, and Mr. GARCI´A 
of Illinois) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Oversight and Accountability, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To enhance safety requirements for trains, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 
‘‘Rail Worker and Community Safety Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Freight train crew size safety standards. 
Sec. 4. Safety regulations for train operations. 
Sec. 5. Yardmasters hours of service. 
Sec. 6. Hazardous safety or security conditions. 
Sec. 7. Excepted track and hazardous materials. 
Sec. 8. Track inspection requirements. 
Sec. 9. Train approach warning. 
Sec. 10. Certification of signal employees. 
Sec. 11. Wayside detections technology. 
Sec. 12. Certification of train dispatchers. 
Sec. 13. Equipment inspections. 
Sec. 14. Inspections. 
Sec. 15. Rail safety inspections GS classification adjustment. 
Sec. 16. Minimum amount of federal rail safety inspectors. 
Sec. 17. Additional funding for rail safety inspectors. 
Sec. 18. Planning and training grants nonprofit eligibility. 
Sec. 19. Confidential close call reporting systems. 
Sec. 20. Earned paid sick time. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) RAILROAD.—The term ‘‘railroad’’ has the 
meaning given that term in section 10102 of title 
49, United States Code. 
(2) RAIL
CARRIER.—The term ‘‘rail carrier’’ 
has the meaning given the term in section 10102 of 
title 49, United States Code. 
(3) SECRETARY.—Except as provided in section 
20, the term ‘‘Secretary’’ means the Secretary of 
Transportation. 
SEC. 3. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Safe Freight Act of 2023’’. 
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(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: 
‘‘§ 20154. Freight train crew size safety standards 
‘‘(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 ap-
propriately qualified and certified locomotive engineer. 
‘‘(b) EXCEPTIONS.—Except as provided in subsection 
(c), the requirement under subsection (a) shall not apply 
with respect to— 
‘‘(1) train operations on track that is not a 
main line track; 
‘‘(2) a freight train operated— 
‘‘(A) by a railroad carrier that has fewer 
than 400,000 total employee work hours annu-
ally and less than $40,000,000 annual revenue 
(adjusted for inflation, as calculated by the Sur-
face Transportation Board Railroad Inflation 
Adjusted Index and Deflator Factor Table); 
‘‘(B) at a speed of not more than 25 miles 
per hour; and 
‘‘(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; 
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‘‘(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; 
‘‘(4) locomotives that— 
‘‘(A) are not attached to any equipment or 
are attached only to a caboose; and 
‘‘(B) do not travel father than 30 miles 
from the point of origin of such locomotive; and 
‘‘(5) train operations staffed with fewer than a 
2-person crew at least 1 year before the date of en-
actment of this section, if the Secretary of Transpor-
tation determines that such operations achieve an 
equivalent level of safety as would result from com-
pliance with the requirement under subsection (a). 
‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The ex-
ceptions under subsection (b) may not be applied to— 
‘‘(1) a train transporting 1 or more loaded cars 
carrying high-level radioactive waste, spent nuclear 
fuel, or material toxic by inhalation (as defined in 
section 171.8 of title 49, Code of Federal Regula-
tions); 
‘‘(2) a train transporting— 
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‘‘(A) 20 or more loaded tank cars of a 
Class 2 material or a Class 3 flammable liquid 
in a continuous block; or 
‘‘(B) 35 or more loaded tank cars of a 
Class 2 material or a Class 3 flammable liquid 
throughout the train consist; or 
‘‘(3) a train with a total length exceeding 7,500 
feet. 
‘‘(d) STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to supersede or preempt any 
provision of State or local law that provides for minimum 
crew requirements in excess of the 2-person crew require-
ments established under this section.’’. 
(c) CLERICAL AMENDMENT.—The analysis for sub-
chapter 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. 4. SAFETY REGULATIONS FOR TRAIN OPERATIONS. 
(a) RULEMAKING.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Trans-
portation shall issue regulations, or modify existing regu-
lations, 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 flam-
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mable train under section 174.310 of title 49, Code of 
Federal Regulations, shall comply with respect to the op-
eration of each such train and the maintenance of speci-
fication tank cars. 
(b) REQUIREMENTS.—The regulations issued pursu-
ant to subsection (a) shall require shippers and rail car-
riers— 
(1) to provide advance notification and informa-
tion regarding the transportation of hazardous mate-
rials described in subsection (a) to each State emer-
gency response commissioner, the Tribal Emergency 
Response Commission, or any other State or Tribal 
agency responsible for receiving the information no-
tification for emergency response planning informa-
tion; 
(2) to include, in the notification provided pur-
suant 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 re-
sulting 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; 
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(2) train consist; 
(3) minimum buffer zones between where crew 
are present on the train and cars with hazardous 
materials; 
(4) route analysis and selection; 
(5) speed restrictions; 
(6) track standards; 
(7) track, bridge, and rail car maintenance; 
(8) signaling and train control; 
(9) response plans; and 
(10) any other requirements that the Secretary 
determines are necessary. 
(d) ADDITIONAL RULEMAKING.—Not later than 2 
years after the date of the enactment of this Act, the Sec-
retary shall issue regulations, or modify existing regula-
tions, establishing safety requirements for rail carriers op-
erating trains that pose a potential safety risk that include 
requirements regarding— 
(1) train length and weight; 
(2) train consist; 
(3) the ability for train crews to communicate 
with each other and other rail employees; 
(4) signaling and train control; 
(5) response plans; and 
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(6) any other requirements that the Secretary 
determines necessary. 
(e) HIGH-HAZARD FLAMMABLE TRAINS.—Not later 
than 1 year after the date of the enactment of this Act, 
the Secretary shall modify the safety requirements for 
trains subject to section 174.310 of title 49, Code of Fed-
eral Regulations, to satisfy, in whole or in part, the rule-
making required under subsection (a). 
SEC. 5. YARDMASTERS HOURS OF SERVICE. 
(a) LIMITATIONS ON DUTY HOURS OF YARDMASTER 
EMPLOYEES.—Section 21103 of title 49, United States 
Code, is amended— 
(1) in the section heading by inserting ‘‘and 
yardmaster employees’’ after ‘‘train em-
ployees’’; 
(2) by inserting ‘‘or yardmaster employee’’ after 
‘‘train employee’’ each place it appears; and 
(3) 
in 
subsection 
(e) 
by 
inserting 
‘‘or 
yardmaster employee’s’’ after ‘‘During a train em-
ployee’s’’. 
(b) DEFINITIONS.—Section 21101 of title 49, United 
States Code, is amended— 
(1) in paragraph (3) by inserting ‘‘a yardmaster 
employee,’’ after ‘‘dispatching service employee,’’; 
and 
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(2) by adding at the end the following: 
‘‘(6) ‘yardmaster employee’ means an individual 
responsible for supervising and coordinating the con-
trol of trains and engines operating within a rail 
yard.’’. 
(c) CONFORMING AMENDMENT.—The analysis for 
chapter 211 of title 49, United States Code, is amended 
by striking the item relating to section 21103 and insert-
ing the following: 
‘‘21103. Limitations on duty hours of train employees and yardmaster employ-
ees.’’. 
SEC. 6. HAZARDOUS SAFETY OR SECURITY CONDITIONS. 
(a) IN GENERAL.—Section 20109(b) of title 49, 
United States Code, is amended by adding at the end the 
following: 
‘‘(4) A refusal to work described in paragraph (1)(B) 
may be an action by an individual employee, a group of 
employees, or a collective bargaining representative on be-
half of affected employees.’’. 
(b) ENFORCEMENT.—Section 20109(d)(1) of title 49, 
United States Code, is amended by inserting ‘‘, or a collec-
tive bargaining representative acting on behalf of affected 
employees,’’ after ‘‘An employee’’. 
SEC. 7. EXCEPTED TRACK AND HAZARDOUS MATERIALS. 
(a) MOVEMENTS ON EXCEPTED TRACK.—Not more 
than 1 year after the date of enactment of this Act, the 
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Secretary of Transportation shall update part 213.4(e) of 
title 49, Code of Federal Regulations, to make it clear that 
no railcar required to be placarded by the Federal Rail-
road Administration’s hazardous materials regulations 
shall be transported by a railroad on any segment of track 
defined by the Federal Railroad Administration as ex-
cepted track. 
(b) NO WAIVERS.—The Secretary may not waive or 
fail to enforce this limitation under any circumstances. 
SEC. 8. TRACK INSPECTION REQUIREMENTS. 
(a) TRACK INSPECTION REQUIREMENTS.—Not more 
than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall update subpart F and 
subpart G, part 213 of title 49, Code of Federal Regula-
tions, by requiring that a qualifying Track Geometry 
Measurement System (in this section referred to as 
‘‘TGMS’’) operate over the following track classifications 
at the following frequencies: 
(1) For operations at a qualified cant defi-
ciency, Eu, of more than 5 inches on track Classes 
1 through 5, at least 4 times per calendar year with 
not less than 43 days between TGMS inspections. 
(2) For track Class 1, operating more than 15 
million gross tons (MGT) on an annual basis, at 
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least once per calendar year with not less than 170 
days between TGMS inspections. 
(3) For track Class 2— 
(A) less than 15 MGT annually, at least 
once per calendar year with not less than 170 
days between TGMS inspections; and 
(B) more than 15 MGT annually, at least 
twice per calendar year with not less than 120 
days between TGMS inspections. 
(4) For track Class 3— 
(A) less than 15 MGT annually, at least 
twice per calendar year with not less than 120 
days between TGMS inspections; and 
(B) more than 15 MGT annually, at least 
3 times per calendar year with not less than 90 
days between TGMS inspections. 
(5) For track Class 4— 
(A) less than 15 MGT annually, at least 3 
times per calendar year with not less than 90 
days between TGMS inspections; and 
(B) more than 15 MGT annually, at least 
4 times per calendar year with not less than 43 
days between TGMS inspections. 
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SEC. 9. TRAIN APPROACH WARNING. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall promul-
gate or update such regulations as are necessary to require 
that all railroads provide warning equipment to railroad 
watchmen and lookouts for roadway workers that— 
(1) include whistles, air horns, white disks or 
red flags, or lanterns; and 
(2) may only include the use of a verbal warn-
ing if a single worker receiving such warning is with-
in arms reach of the individual issuing such warn-
ing. 
SEC. 10. CERTIFICATION OF SIGNAL EMPLOYEES. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 20172. Certification of signal employees 
‘‘(a) CERTIFICATION PROGRAM.—Not later than 12 
months after the date of enactment of the Rail Worker 
and Community Safety Act, the Secretary of Transpor-
tation shall promulgate regulations to establish a program 
requiring the certification of signal installation, repair, 
maintenance, and testing employees. 
‘‘(b) UPDATED PLANS.—In promulgating such regu-
lations, the Secretary shall require that railroad carriers, 
contractors, and subcontractors submit, not later than 180 
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days after such regulations are finalized, updated training 
and qualification plans pursuant to section 20162, that 
take into account the regulations the Secretary issues 
under subsection (a) for signal installation, repair, mainte-
nance, and testing employees. 
‘‘(c) MEANINGFUL CONSULTATION.—Any railroad 
carrier, contractor, or subcontractor required to submit an 
updated plan under subsection (b) shall consult with, em-
ploy good faith, and use its best efforts to reach agreement 
with any nonprofit employee labor organization for em-
ployees covered by this section in the formation of said 
plan before submitting it to the Secretary for approval. 
‘‘(d) AUTHORITY TO DEFINE TERM.—The Secretary 
shall have the authority to promulgate regulations regard-
ing what the terms ‘consult’, ‘employ good faith’, and ‘use 
its best efforts to reach agreement with’ mean and any 
necessary associated requirements for the purposes of car-
rying out subsection (c).’’. 
(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 201 is amended by adding at the end the 
following: 
‘‘20172. Certification of signal employees.’’. 
SEC. 11. WAYSIDE DETECTIONS TECHNOLOGY. 
(a) WAYSIDE
DETECTION
TECHNOLOGIES
DE-
FINED.—Section 20102 of title 49, United States Code, 
is amended by adding at the end the following: 
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‘‘(5) ‘wayside detection technologies’ means— 
‘‘(A) any devices and equipment situated 
within the rail system that can detect and com-
municate a potential or known safety condition; 
and 
‘‘(B) the equipment, apparatuses, includ-
ing onboard or wayside, or associated appur-
tenances to technology necessary to ensure all 
defects outside of the prescribed values for the 
equipment will be appropriately identified and 
transmitted to the operating crew of a train be-
fore a failure occurs.’’. 
(b) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, is further amended by adding 
at the end the following new section: 
‘‘§ 20173. Wayside detection technologies 
‘‘(a) RULEMAKING.—Not later than 2 years after the 
date of the enactment of the Rail Worker and Community 
Safety Act, the Secretary shall issue regulations estab-
lishing requirements for the installation, repair, testing, 
maintenance, and operation of wayside detection tech-
nologies. 
‘‘(b) SPECIFIC TECHNOLOGIES.—The Secretary shall 
issue regulations under subsection (a) for categories of 
wayside detection technologies, including— 
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‘‘(1) hotbox detectors; 
‘‘(2) dragging equipment detectors; 
‘‘(3) wheel issues detection devices (e.g. Load 
Impact, High Heat); 
‘‘(4) slide detection devices (e.g. Rock Slide, 
Earth Slide); 
‘‘(5) train height and width detection devices; 
‘‘(6) element detection devices (e.g. High 
Water, Flood, Wind, and Fire detection); and 
‘‘(7) other wayside detection technologies as de-
termined by the Secretary. 
‘‘(c) SEPARATE REGULATIONS.—The Secretary may 
issue separate regulations for each category listed in sub-
section (b) as necessary. 
‘‘(d) REQUIREMENTS.—The regulations issued pur-
suant to subsection (a) shall include requirements regard-
ing— 
‘‘(1) the frequency of the placement of wayside 
detection technologies; 
‘‘(2) performance standards for such detection 
technologies; 
‘‘(3) the installation, maintenance, repair and 
testing requirements for such detection technologies; 
‘‘(4) reporting and monitoring data and mainte-
nance records of such detection technologies; 
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‘‘(5) appropriate steps the rail carrier must 
take when receiving an alert of a defect, failure, or 
a likely failure based on trending data, from or re-
garding such detection technologies; and 
‘‘(6) any other requirement the Secretary con-
siders necessary.’’. 
(c) CONFORMING AMENDMENT.—The analysis for 
subchapter II of chapter 201 is further amended by add-
ing at the end the following: 
‘‘20173. Wayside detection technologies.’’. 
SEC. 12. CERTIFICATION OF TRAIN DISPATCHERS. 
(a) IN GENERAL.—Subchapter II of chapter 201 of 
title 49, United States Code, is further amended by adding 
at the end the following new section: 
‘‘§ 20174. Certification of train dispatchers 
‘‘(a) CERTIFICATION PROGRAM.—Not later than 12 
months after the date of enactment of the Rail Worker 
and Community Safety Act, the Secretary of Transpor-
tation shall prescribe regulations to establish a program 
requiring the certification of dispatching service employ-
ees, as defined by section 21101. 
‘‘(b) UPDATED PLANS.—In promulgating such regu-
lations, the Secretary shall require that railroad carriers, 
contractors, and subcontractors submit, not later than 180 
days after such regulations are finalized, updated training 
and qualification plans pursuant to section 20162, that 
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take into account the regulations the Secretary issues 
under subsection (a) for dispatching service employees. 
‘‘(c) MEANINGFUL CONSULTATION.—Subject to sub-
section (d), any railroad carrier, contractor, or subcon-
tractor required to submit an updated plan under sub-
section (b) shall submit, as part of a request the Secretary 
for approval, evidence of an agreement with any nonprofit 
employee labor organization for employees covered by this 
section in the formation of said plan, to the extent the 
covered employees are represented by a nonprofit em-
ployee labor organization. 
‘‘(d) STATEMENT.—If the railroad carrier, con-
tractor, or subcontractor, and its directly affected employ-
ees, including any nonprofit employee labor organization 
representing a class or craft of directly affected employees, 
cannot reach consensus on the proposed contents of the 
plan, then directly affected employees and such organiza-
tion may file a statement with the Secretary explaining 
their views on the plan on which consensus was not 
reached. The Secretary shall consider such views during 
review and approval of the plan.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
chapter II of chapter 201 is further amended by adding 
at the end the following: 
‘‘20174. Certification of train dispatchers.’’. 
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SEC. 13. EQUIPMENT INSPECTIONS. 
Not later than 12 months after the date of enactment 
of this Act, the Secretary of Transportation shall issue 
such regulations as are necessary to— 
(1) prohibit any train from being moved out of 
a switchyard before all required brake inspections of 
locomotives and rail cars have been completed; 
(2) allow only the Qualified Mechanical Inspec-
tor assigned to inspect a locomotive or rail car to 
sign off on the Form FRA F6180–49A (commonly 
known as the ‘‘blue card’’) for locomotive inspections 
or the satisfactory Class I brake inspection or end 
of train device form relating to such locomotive or 
rail car related to rail car inspections; and 
(3) ensure that any inspection conducted under 
part 215 of title 49, Code of Federal Regulations, 
utilizing inspection technologies, including artificial 
intelligence 
or 
camera-based 
systems, 
require 
verification or validation by a Qualified Mechanical 
Inspector. 
SEC. 14. INSPECTIONS. 
(a) TIME AVAILABLE FOR INSPECTION.— 
(1) IN
GENERAL.—Subchapter II of chapter 
201 of title 49, United States Code, is further 
amended by adding at the end the following: 
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‘‘§ 20175. Time available for inspection 
‘‘No railroad may limit the time required for an em-
ployee to complete a railcar, locomotive, or brake inspec-
tion to ensure that each railcar, locomotive, and brake sys-
tem complies with safety laws and regulations.’’. 
(2) CLERICAL AMENDMENT.—The analysis for 
subchapter II of chapter 201 of title 49, United 
States Code, is further amended by adding at the 
end the following: 
‘‘20175. 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 in-
spection requirements for Class I railroads under part 215 
of title 49, Code of Federal Regulations— 
(1) to ensure that after initial consultation with 
the Administrator of the Federal Railroad Adminis-
tration, and after each 6 subsequent annual con-
sultation, each railroad identifies inspection locations 
and, at such locations, has inspectors designated 
under such part 215 available for the purpose of in-
specting freight cars; 
(2) to ensure that all freight cars are inspected 
by an inspector designated under such part 215 at 
a designated inspection location in the direction of 
travel as soon as practicable; and 
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(3) to require each railroad that operates rail-
road 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 deter-
minations required under such part. 
(c) 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 me-
chanical inspectors, performing locomotive inspec-
tions; and 
(2) for locomotives in service on a Class I rail-
road, to require a daily inspection to be performed 
by a qualified mechanical inspector at least once 
every 7 days under section 229.23(b)(2) of title 49, 
Code of Federal Regulations. 
(d) 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 
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chapter II of subtitle B of title 49, Code of Federal 
Regulations. In carrying out such audits, the Sec-
retary shall— 
(A) consider whether the railroad has in 
place procedures necessary for railcar, loco-
motive, and train brake system inspection com-
pliance under such chapter; 
(B) assess the type, content, and adequacy 
of training and performance metrics the rail-
road 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 employ-
ee’s responsibility to perform an inspection 
safely; 
(D) determine whether railcars, loco-
motives, and train brake systems are inspected 
on the railroad’s network in accordance with 
such chapter; 
(E) involve proper communication of iden-
tified defects to railroad personnel and make 
appropriate use of remedial action reports to 
verify that repairs are made; 
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