II 118th CONGRESS 2d Session S. 4954 IN THE SENATE OF THE UNITED STATES August 1, 2024 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to issue a final rule setting minimum structural standards for railroad bridges, and for other purposes.

1. Short title This Act may be cited as the Rail Bridge Safety and Transparency Act . 2. Railroad bridge safety (a) In general Section 20145 of title 49, United States Code is amended to read as follows: 20145. Railroad bridge safety (a) Definitions In this section: (1) Class I railroad; Class II railroad; Class III railroad; railroad; railroad carrier The terms Class I railroad , Class II railroad , Class III railroad , railroad , and railroad carrier — (A) except as provided in subparagraph (B), have the meanings given such terms in section 20102; and (B) do not include— (i) the National Railroad Passenger Corporation (commonly referred to as Amtrak ); or (ii) rail carriers that have the principal purpose of providing commuter rail passenger transportation (as defined in section 24102). (2) Component part The term component part , with respect to a railroad bridge, includes the substructure, superstructure, deck, bearings, railings, joints, and the rails on the track of such bridge. (3) Department The term Department means the Department of Transportation. (4) Eligible requesting party The term eligible requesting party means a party authorized to request a bridge inspection report in accordance with section 417(d)(2)(A) of the Rail Safety Improvement Act of 2008 ( 49 U.S.C. 20103 note). (5) Secretary The term Secretary means the Secretary of Transportation. (b) Strengthening standards for railroad bridges (1) Rulemaking Not later than 2 years after the date of the enactment of the Rail Bridge Safety and Transparency Act , the Secretary, using other standards within the Department as models, shall issue a final rule establishing minimum structural and safety standards for railroad bridges and their component parts, including— (A) minimum requirements for a railroad bridge and its component parts to be classified in poor, fair, or good condition; and (B) the amount of corrosion, cracking, spalling, and rusting permissible for each such condition. (2) Bridge inspection reports (A) Inclusion of certain information Not later than 2 years after the initial publication of the standards described in paragraph (1), all railroads carriers shall— (i) include information in their bridge inspection reports indicating whether each bridge for which such railroad carrier is responsible— (I) meets minimum structural and safety standards; (II) is in poor, fair, or good condition; and (III) has component parts in poor, fair, or good condition; and (ii) for each bridge in poor condition, include— (I) an estimate of how long the bridge can remain in service; (II) a timeline for planned repairs, rehabilitation, or replacement of the bridge; and (III) an estimate of the cost to perform such actions. (B) Bridge inspection report database (i) In general Not later than 5 years after the date of the enactment of the Rail Bridge Safety and Transparency Act , the Secretary shall develop, populate, and manage a database of all bridge inspection reports received from railroad carriers, which shall be continuously updated with the most recent bridge conditions as indicated in bridge inspection reports provided to the Department. (ii) Public availability The Secretary shall make available to the public a version of the database described in clause (i) that includes for each bridge inspection report only the following information: (I) The date of last inspection of the bridge. (II) The location of the bridge. (III) The owner of the bridge. (IV) A determination of whether the bridge is in poor, fair, or good condition. (V) Any other comments on the condition of the bridge disclosed by the owner, as indicated in the bridge inspection report. (C) Submission deadlines (i) Initial reports During the period beginning on the date of the enactment of the Rail Bridge Safety and Transparency Act and ending on the date on which the database required under subparagraph (B) is first established— (I) not later than 30 days after the receipt of a bridge inspection report request from an eligible requesting party, the Secretary shall request a bridge inspection report from the railroad carrier concerned, and— (aa) if the request is for 5 or fewer railroad bridges, the railroad carrier concerned shall, not later than 30 days after the receipt of such request from the Secretary, submit the bridge inspection report to the Department; or (bb) if the request is between 6 and 50 railroad bridges, the railroad carrier concerned shall, not later than 90 days after the receipt of such request from the Secretary, submit the bridge inspection report to the Department; and (II) not later than 14 days after the receipt of a bridge inspection report submitted in accordance with item (aa) or (bb) of subclause (I), the Secretary shall submit such bridge inspection report to the eligible requesting party. (ii) Future reports After the date on which the database required under subparagraph (B) is first established, the Secretary shall— (I) not later than 30 days after the receipt of a bridge inspection report request from an eligible requesting party— (aa) if the requested bridge inspection report is available in the database, submit such report to the eligible requesting party; and (bb) if the requested information is not available in the database, request a bridge inspection report from the railroad carrier concerned, and— (AA) if the request is for 5 or fewer railroad bridges, the railroad carrier concerned shall, not later than 30 days after the receipt of such request from the Secretary, submit the bridge inspection report to the Department; or (BB) if the request is between 6 and 50 railroad bridges, the railroad carrier concerned shall, not later than 90 days after the receipt of such request from the Secretary, submit the bridge inspection report to the Department; and (II) not later than 14 days after the receipt of a bridge inspection report submitted by a railroad carrier in accordance with subitem (AA) or (BB) of item (bb), submit such bridge inspection report to the eligible requesting party. (c) Coordination of oversight of coastal railroad bridges The Secretary, in coordination with the Commandant of the Coast Guard, shall issue a final rule establishing minimum structural and safety standards for movable railroad bridges and railroad drawbridges spanning the navigable waters of the United States, including— (1) the minimum structural and safety requirements for each such bridge and its component parts, including movable parts; (2) the requirements that each such bridge and its component parts shall meet in order to be considered to be in poor, fair, or good condition; (3) the requirement that each such bridge be inspected at the same frequency as railroad bridges that are not located above navigable waters; and (4) requirements for safety inspections that are required if a railroad carrier shifts from in-person to remote operation of such a bridge. (d) Flagging ownership of railroad bridges Not later than 1 year after the date of the enactment of the Rail Bridge Safety and Transparency Act , each railroad carrier that owns 1 or more railroad bridges shall post a placard or sign in area that is visible to oncoming traffic on (or adjacent to) both ends of each such bridge that identifies— (1) the railroad carrier that owns the bridge; and (2) a phone number through which a member of the public can report visible hazards or concerns with respect to such bridge. (e) Rail Bridge Safety Concern Reporting System (1) Establishment Not later than 2 years after the date of the enactment of the Rail Bridge Safety and Transparency Act , the Secretary shall establish a system, to be known as the Rail Bridge Safety Concern Reporting System (referred to in this subsection as the System ), to report safety concerns regarding the condition of railroad bridges. (2) Development In developing the System, the Secretary shall— (A) streamline and simplify the data management process within the Department; and (B) reduce duplicative efforts and maximize available resources, including by integrating the Alleged Violation Reporting Form of the Federal Railroad Administration into the System. (3) System functions (A) Reporting safety concerns The Secretary shall use the System to permit any State, political subdivision of a State, or Tribe to report to the Secretary safety concerns regarding the condition of a railroad bridge based on certain factors, including— (i) physical appearance; (ii) extreme shaking or excess movement during the passage of a train or an extreme weather event; (iii) components of the railroad bridge falling onto surrounding areas; and (iv) any other concern that the Secretary determines to be significant to the structural or operational safety of the bridge. (B) Investigations If the Secretary determines a report submitted pursuant to subparagraph (A) includes a reasonable safety concern regarding the structural or operational safety of a bridge, the Secretary shall investigate such safety concern to determine the risk posed by the railroad bridge to— (i) the operation of the railroad concerned; (ii) the safety of railroad workers; (iii) the safety the general public; and (iv) the safety of individuals who traverse on, under, or near the railroad bridge, including pedestrians, cyclists, and individuals traveling by motor vehicle or boat. (C) Repair or suspension of use If the Secretary determines that a safety concern investigated pursuant to subparagraph (B) poses a significant threat to the structural or operational safety of the bridge or the safety of any of the parties described in clauses (i) through (iv) of subparagraph (B), the Secretary shall direct the Administrator of the Federal Railroad Administration to coordinate with the railroad concerned to establish a plan that addresses the safety concern, which may include— (i) requiring the immediate repair of the railroad bridge; (ii) imposing weight or speed restrictions on the bridge; and (iii) any action required by the Secretary pursuant to section 20104(a) if the Secretary determines that such safety concern— (I) involves an unsafe condition or practice or a combination of unsafe conditions and practices; or (II) causes an emergency situation involving an imminent hazard of death, personal injury, or significant harm to the environment. (D) Civil penalties (i) Failure to finalize plan If a plan required under subparagraph (C) is not finalized within 90 days after a determination by the Secretary pursuant to such subparagraph and the relevant railroad bridge remains in operation, the Secretary shall impose a civil penalty to the railroad concerned in an amount equal to $1,000 per week until such plan is finalized. (ii) Completion of repairs If a safety concern determined by the Secretary pursuant to subparagraph (C)(iii)(II) to pose an imminent hazard of death, personal injury, or significant harm to the environment is not repaired within 1 year after such determination and the relevant railroad bridge remains in operation, the Secretary shall impose a civil penalty to the railroad concerned in an amount equal to $20,000 per week until such bridge is repaired. (4) Disclosure of reported safety concerns The Secretary shall publish, on a publicly available website of the Department of Transportation, a notice of each safety concern involving a railroad bridge that the Secretary determines, pursuant to paragraph (3)(C)(iii)(II) to pose an imminent hazard of death, personal injury, or significant harm to the environment, which shall include— (A) the location of the bridge; (B) the owner of the bridge; (C) whether the bridge is in active use; and (D) whether the railroad that owns the bridge has submitted a plan to address such safety concern. (5) Funds for bridge safety personnel (A) Authorization of appropriations In addition to the amounts referred to in subparagraph (B), there are authorized to be appropriated to the Department such additional sums as may be necessary to hire additional bridge safety personnel to carry out this subsection. (B) Use of civil penalties All amounts collected from the civil penalties imposed pursuant to paragraph (3)(D) and section 1327(c) shall be reserved for hiring additional bridge safety personnel to carry out this section. (f) Randomized observation of railroad bridges (1) In general (A) Number of annual observations The Secretary shall annually conduct at least 1 randomized bridge observation for every 500 railroad bridges owned by a railroad carrier. (B) Application of standards For each observation conducted pursuant to this subsection, the Secretary shall inspect the condition of each bridge and its component parts in accordance with the standards established pursuant to subsection (c)(1). (C) Small railroad observation pool If a railroad carrier owns fewer than 500 railroad bridges, such railroad carrier shall be included in a pool of railroad carriers. Not fewer than 5 railroad carriers in such pool shall be selected annually for a randomized observation of at least 1 railroad bridge owned by each selected railroad carrier. (D) Advance notice In carrying out randomized bridge observations under this section, the Secretary shall not give a railroad carrier more than 3 days of advance notice of the timing of an observation. (2) Review (A) In general The Secretary shall compare the result of each bridge observation to the reported conditions of the applicable bridge in the bridge inspection report provided by the railroad carrier. (B) Discrepancies In the event of a discrepancy between the result of a bridge observation and the conditions of such railroad bridge documented in the most recent bridge inspection report, the Secretary shall work with the railroad carrier concerned to address deficiencies in the inspection system of such railroad carrier, including by— (i) improving the training of inspectors; (ii) increasing the frequency of inspections; (iii) addressing inspector staffing shortages; and (iv) revising inspection criteria. (C) Additional inspections For railroad carriers that the Secretary has found to have a pattern of discrepancies under subparagraph (D), the Secretary shall— (i) increase the number of randomized observations from the baseline set in paragraph (1); (ii) establish a priority list of railroad bridges to be subject to additional observations, based on factors such as the condition of the bridge, the bridge length, the location of the bridge, the safety risk to the community should the bridge fail, the type of freight carried over the bridge, and the frequency of service over the bridge; (iii) carry out such additional observations with not more than 3 days of advance notice provided to the railroad carrier; and (iv) ensure that such additional observations examine the condition of the bridge and are additive to, not a replacement of, the normal track inspections, including visual track inspections, required by the Department. (D) Pattern of discrepancies (i) Defined term In this subparagraph, the term pattern of discrepancies , with respect to a railroad carrier— (I) means the Secretary has identified 5 or more instances in which conditions reported on the bridge inspection report of such railroad carrier differed from the results of an observation conducted by the Secretary pursuant to this subsection; and (II) does not include sudden changes in the condition of a railroad bridge due to a significant event, such as an earthquake or other natural disaster. (ii) Effect If the Secretary identifies, through randomized observations of railroad bridges of a railroad carrier, a pattern of discrepancies between the railroad carrier's bridge inspection report and multiple observations— (I) such railroad carrier— (aa) shall be considered to be in violation of this chapter; and (bb) shall be subject to the civil penalties set forth in section 21301; and (II) not later than 90 days after such identification, the Secretary shall submit a written report to Congress that describes such discrepancies. . (b) Clerical amendment The chapter analysis for chapter 201 of title 49, United States Code, is amended by striking the item relating to section 20145 and inserting the following: 20145. Railroad bridge safety. . 3. Conforming amendments to the Rail Safety Improvement Act of 2008 Section 417(d)(2) of the Rail Safety Improvement Act of 2008 ( 49 U.S.C. 20103 note) is amended— (1) by striking subparagraph (A) and inserting the following: (A) In general (i) Jurisdictional requests A Member of Congress, a State, or political subdivision of a State may file a request with the Secretary for a public version of the bridge inspection report or reports generated under subsection (b)(5) for bridges located in the congressional district or State of such Member of Congress or in the jurisdiction of such State or political subdivision. (ii) Requests from committees The Chair or Ranking Member of the Committee on Transportation and Infrastructure of the House of Representatives or the Chair or Ranking Member of Committee on Commerce, Science, and Transportation of the Senate may file a request with the Secretary for a public version of the bridge inspection report or reports generated under subsection (b)(5) for any bridge in the United States; . (2) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; (3) by inserting after subparagraph (A) the following: (B) Limitation A State or political subdivision of a State may request not more than 50 bridge inspection reports under subparagraph (A)(i) during any 6-month period. ; and (4) in subparagraph (C), as redesignated, by striking If the Secretary determines that the request is reasonable, the Secretary and inserting The Secretary .