S576-118

1. Short title; table of contents This Act may be cited as the Railway Safety Act of 2023. The table of contents for this Act is as follows:

2. Defined term In this Act, the term Secretary means the Secretary of Transportation.

3. Safety requirements for trains transporting hazardous materials 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. The regulations issued pursuant to subsection (a) shall require shippers and rail carriers— 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; 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 to reduce or eliminate blocked crossings resulting from delays in train movements. In developing the regulations required under subsection (a), the Secretary shall include requirements regarding— train length and weight; train consist; route analysis and selection; speed restrictions; track standards; track, bridge, and rail car maintenance; signaling and train control; response plans; and any other requirements that the Secretary determines are necessary. 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).

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

5. Defect detectors 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. The regulations issued pursuant to subsection (a) shall include requirements regarding— 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; performance standards for such detectors; the maintenance and repair requirements for such detectors; reporting data and maintenance records of such detectors; appropriate steps the rail carrier must take when receiving an alert of a defect or failure from or regarding a wayside defect detector; and the use of hotbox detectors to prevent derailments from wheel bearing failures, including— 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 any actions that shall be taken by a rail carrier upon receiving an alert from a hotbox detector of a potential wheel bearing failure. 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— axles; wheel bearings; brakes; signals; wheel impacts; and other defects or failures specified by the Secretary.

6. Safe Freight Act of 2023 This section may be cited as the Safe Freight Act of 2023. Subchapter II of chapter 201 of title 49, United States Code, is amended by inserting after section 20153 the following: 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. Except as provided in subsection (c), the requirement under subsection (a) shall not apply with respect to— train operations on track that is not a main line track; a freight train operated— 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); at a speed of not more than 25 miles per hour; and 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; 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; locomotives that— are not attached to any equipment or are attached only to a caboose; and do not travel further than 30 miles from the point of origin of such locomotive; and 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). The exceptions under subsection (b) may not be applied to— 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); a train transporting— 20 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid in a continuous block; or 35 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid throughout the train consist; or a train with a total length of at least 7,500 feet. A railroad carrier may seek a waiver of the requirements under this section in accordance with section 20103(d). 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(a)Minimum crew sizeNo 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.(b)ExceptionsExcept 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 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);(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;(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 further 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 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).(c)Trains ineligible for exceptionThe exceptions under subsection (b) may not be applied to—(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);(2)a train transporting—(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 of at least 7,500 feet.(d)WaiverA railroad carrier may seek a waiver of the requirements under this section in accordance with section 20103(d).. 20154. Freight train crew size..

8. Safer tank cars 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. The Secretary— 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 may not enforce any date-specific deadlines or requirements that are inconsistent with the requirement under subsection (a). Except as required under paragraph (1), nothing in this section may be construed to require the Secretary to issue regulations to implement this section.

1. Short title; table of contents This Act may be cited as the Railway Safety Act of 2023. The table of contents for this Act is as follows:

101. Definitions In this title: 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). The term Secretary means the Secretary of Transportation.

102. Safety requirements for high-hazard trains Section 20155 of title 49, United States Code, is amended to read as follows: In this section: 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). The term flammable gas has the meaning given such term in section 173.115(a) of title 49, Code of Federal Regulations. The term flammable liquid has the meaning given such term in section 173.120(a) of title 49, Code of Federal Regulations. 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. The term high-hazard train means a single train transporting, throughout the train consist— 20 or more tank cars loaded with a flammable liquid; 1 tank car or intermodal portable tank load with a material toxic or poisonous by inhalation; 1 or more cars loaded with high-level radioactive waste or spent nuclear fuel; 10 or more cars loaded with explosives; 5 or more tank cars loaded with a flammable gas; or 20 or more cars loaded with any combination of flammable liquids, flammable gases, or explosives. 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. 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. 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— 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; revise the requirements set forth in section 174.310(a)(2) of title 49, Code of Federal Regulations— to limit all trains to a maximum speed of 50 miles per hour; and 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; 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; require any Class I railroad transporting hazardous materials— to generate accurate, real-time, and electronic train consist information, including— the identity, quantity, and location of hazardous materials on a train; the point of origin and destination of the train; any emergency response information or resources required by the Secretary; and an emergency response point of contact designated by the Class I railroad; and 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; 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 reasonable estimate of the number of high-hazard trains that are expected to travel, per week, through each county within the applicable jurisdiction; updates to such estimate when making a change in volume of 25 percent or more; a description of the hazardous materials being transported on such trains; applicable emergency response information, as required by regulation; identification of the routes over which the hazardous materials on such trains will be transported; and a point of contact at the Class I railroad who— has knowledge of the railroads' transportation of hazardous materials; and 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; 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; 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 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. 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. 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— 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 requirements for an adequate number of buffer cars between a locomotive or railcar and tank cars transporting hazardous materials. 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— consideration of potential hazardous materials release for the hazardous materials identified under subsection (a)(7) that the railroad is transporting; 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; identification of the equipment and resources available to the hazardous materials response teams; organizational charts for the hazardous materials response teams; and plans to facilitate hazardous materials release liability claims. Railroads shall coordinate with relevant States and Tribes when creating the plans required under paragraph (1). 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. The Secretary shall periodically audit a railroad’s hazardous materials emergency response plan. 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(a)DefinitionsIn this section:(1)ExplosivesThe 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 gasThe term flammable gas has the meaning given such term in section 173.115(a) of title 49, Code of Federal Regulations. (3)Flammable liquidThe term flammable liquid has the meaning given such term in section 173.120(a) of title 49, Code of Federal Regulations.(4)Hazardous materialThe 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 trainThe 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 fuelThe 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 inhalationThe 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)RulemakingNot 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 constructionNothing 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 improvementsNot 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 contentsThe 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)CoordinationRailroads shall coordinate with relevant States and Tribes when creating the plans required under paragraph (1).(3)Triennial reviewNot 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)VerificationThe Secretary shall periodically audit a railroad’s hazardous materials emergency response plan.. 20155. High-hazard trains..

20155. High-hazard trains In this section: 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). The term flammable gas has the meaning given such term in section 173.115(a) of title 49, Code of Federal Regulations. The term flammable liquid has the meaning given such term in section 173.120(a) of title 49, Code of Federal Regulations. 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. The term high-hazard train means a single train transporting, throughout the train consist— 20 or more tank cars loaded with a flammable liquid; 1 tank car or intermodal portable tank load with a material toxic or poisonous by inhalation; 1 or more cars loaded with high-level radioactive waste or spent nuclear fuel; 10 or more cars loaded with explosives; 5 or more tank cars loaded with a flammable gas; or 20 or more cars loaded with any combination of flammable liquids, flammable gases, or explosives. 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. 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. 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— 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; revise the requirements set forth in section 174.310(a)(2) of title 49, Code of Federal Regulations— to limit all trains to a maximum speed of 50 miles per hour; and 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; 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; require any Class I railroad transporting hazardous materials— to generate accurate, real-time, and electronic train consist information, including— the identity, quantity, and location of hazardous materials on a train; the point of origin and destination of the train; any emergency response information or resources required by the Secretary; and an emergency response point of contact designated by the Class I railroad; and 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; 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 reasonable estimate of the number of high-hazard trains that are expected to travel, per week, through each county within the applicable jurisdiction; updates to such estimate when making a change in volume of 25 percent or more; a description of the hazardous materials being transported on such trains; applicable emergency response information, as required by regulation; identification of the routes over which the hazardous materials on such trains will be transported; and a point of contact at the Class I railroad who— has knowledge of the railroads' transportation of hazardous materials; and 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; 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; 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 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. 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. 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— 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 requirements for an adequate number of buffer cars between a locomotive or railcar and tank cars transporting hazardous materials. 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— consideration of potential hazardous materials release for the hazardous materials identified under subsection (a)(7) that the railroad is transporting; 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; identification of the equipment and resources available to the hazardous materials response teams; organizational charts for the hazardous materials response teams; and plans to facilitate hazardous materials release liability claims. Railroads shall coordinate with relevant States and Tribes when creating the plans required under paragraph (1). 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. The Secretary shall periodically audit a railroad’s hazardous materials emergency response plan.

103. Ensuring the safety of long trains 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. 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. 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. 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.

104. Blocked highway-rail grade crossings The Secretary shall seek to enter into an agreement with the National Academy of Sciences under which the National Academy shall— 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— Federal Railroad Administration data; the work experience of the Office of Railroad Safety's Grade Crossing and Trespasser Outreach Division; data from the blocked highway-rail grade crossing portal; and geographic diversity; and 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. 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— are engineering or rail experts; are not railroad carriers, or entities funded by railroad carriers; have relevant experience in railroad safety technology or railroad operating experience; and have no financial ties to the rail industry. The study conducted pursuant to subsection (a)(1) shall— examine any potential impacts to railroad and community safety due to blocked highway-rail grade crossings; identify potential financial impacts incurred by the railroad or its customers due to blocked crossings; identify potential freight network efficiency impacts due to solutions that will reduce or eliminate the impacts of blocked crossings; examine community impacts that result from blocked crossings; examine causes for blocked crossings; 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 identify practical solutions to prevent blocked crossings. 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. 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. Section 22909 of title 49, United States Code, is amended— in subsection (f)(2)(C)— in clause (i), by striking or after the semicolon; in clause (ii), by inserting or after the semicolon at the end; and by adding at the end the following: a bus route to a school or within 1 mile of a school; in subsection (g)— by striking Except and inserting the following: Except by adding at the end the following: The Federal share of the cost of a project given additional consideration under subsection (f)(2)(C)(iii) may not exceed 85 percent. 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. 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. 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. 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. (iii)a bus route to a school or within 1 mile of a school;; and (1)In generalExcept; and (2)Certain bus routesThe Federal share of the cost of a project given additional consideration under subsection (f)(2)(C)(iii) may not exceed 85 percent..

105. Inspections Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following: 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. Employees shall perform their inspection duties promptly and shall not delay other than for reasons related to safety. The analysis for subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following: 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)— 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; 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 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. 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. The regulations issued pursuant to paragraph (1) shall— 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; 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— 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); after the initial inspections required under clause (i), periodic inspections shall be required not more frequently than once every 5 years; and 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; 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; ensure that periodic inspections are performed only where adequate facilities are available for safely inspecting all components of freight cars; and 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. 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— to ensure appropriate training qualifications and proficiency of employees, including qualified mechanical inspectors, performing locomotive inspections; and 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. 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— consider whether the railroad has in place procedures necessary for railcar, locomotive, and train brake system inspection compliance under such chapter; 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; determine whether the railroad has practices that would interfere with an employee’s responsibility to perform an inspection safely ; determine whether railcars, locomotives, and train brake systems are inspected on the railroad’s network in accordance with such chapter; involve proper communication of identified defects to railroad personnel and make appropriate use of remedial action reports to verify that repairs are made; determine whether managers coerce employees to sign off on any documents verifying an inspection or repair of a railcar, locomotive, or train brake system; determine whether the railroad's inspection procedures reflect the current operating practices of the railroad carrier; and ensure that railroad inspection procedures only provide for the use of persons permitted to perform each relevant inspection under such chapter. The Secretary shall— schedule the audits required under paragraph (1) to ensure that— every Class I railroad is audited not less frequently than once every 5 years; and a limited number, as determined by the Secretary, of Class II and Class III railroads are audited annually, provided that— no audit of a tourist, scenic, historic, or excursion operation may be required under this subsection; and no other Class II or III railroad may be audited more frequently than once every 5 years; and conduct the audits described in subparagraph (A)(ii) in accordance with— the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note); and appendix C of part 209 of title 49, Code of Federal Regulations. 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. 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. 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— by providing any relevant documents requested; and by making available any employees for interview without undue delay or obstruction. 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. 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. The Secretary shall publish an annual report on the public website of the Federal Railroad Administration that— summarizes the findings of the audits conducted pursuant to subsection (d) during the most recently concluded fiscal year; summarizes any updates made to chapter I or II of subtitle B of title 49, Code of Federal Regulations, pursuant to this section; and excludes any confidential business information or sensitive security information. Nothing in this section may be construed— 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.); to alter the terms or interpretations of existing collective bargaining agreements; or to abridge any procedural rights or remedies provided under a collectively bargained agreement. 20172.Time available for inspection(a)In generalNo 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)RequirementEmployees shall perform their inspection duties promptly and shall not delay other than for reasons related to safety.. 20172. Time available for inspection..

20172. Time available for inspection 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. Employees shall perform their inspection duties promptly and shall not delay other than for reasons related to safety.

106. Emergency brake signals 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. The Railroad Safety Advisory Committee shall consider— 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; whether National Transportation Safety Board Safety Recommendations R-20-028 and R-20-029 have been adequately addressed; whether more frequent communication checks between a head-of-train device and an end-of-train device would improve rail safety; and whether repetition of the emergency brake signal transmission until it is received by the end-of-train device would improve rail safety. Not later than 90 days after the meeting is convened pursuant to subsection (a), a working group of the Railroad Safety Advisory Committee should— develop initial recommendations with respect to the matters considered under subsection (b); and complete a work plan for implementing such recommendations.

107. Defect detection systems 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: In this section: The term covered rail carrier has the meaning given the term Class I carrier in section 10102. 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. 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. The term high-hazard train has the meaning given such term in section 20155(a)(6). The term main line means— a segment or route of railroad tracks— over which 5,000,000 or more gross tons of railroad traffic is transported annually; and that has a maximum authorized speed for freight trains in excess of 25 miles per hour; and intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which high-hazard trains operate. The term physical characteristics means the physical terrain and operating considerations related to the physical terrain for the relevant main line. 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— 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— maintenance; testing; inspection; and installation; 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; an evaluation of existing processes and procedures for decision making and communication of appropriate safety actions necessary to address unsafe equipment or operations, including— stoppage of rail equipment; setting out rail equipment; train speed reduction; diverting a train; and inspection requirements; 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 research to understand new or developing technologies. Each defect detection system plan required under the final rule issued pursuant to subsection (d) shall be risk-based. Each plan referred to in paragraph (1) shall include— a summary of the railroad’s proposed defect detector network, including— how the network will reduce the risk of incidents near population centers and on high-hazard train routes; and a description of how the network will be implemented by the deadline set forth in subsection (d)(1)(B); and a description of how the railroad's defect detection system meets or exceeds the defect detection performance standards described in subsection (d)(1)(D); 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— 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; 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 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; the types and spacing of other wayside defect detectors required to be placed, to the extent such detectors are utilized; the manufacturer's expected performance for each type of defect detector and how the carrier will assess compliance with such performance; procedures for promptly providing pertinent safety alerts to train employees, including locomotive engineers and conductors, train dispatchers, and relevant maintenance employees; the ability to share relevant safety data from the defect detector network with other railroad carriers and with rail car owners; policies and procedures for training employees regarding relevant elements of the defect detector system, including— 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; persons who receive and review defect detector alerts; and persons who operate trains or serve as a train or engine crew member; 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 designs for the collection and analysis, including applicable alerts, thresholds, and corresponding safety actions. A rail carrier may comply with an alternative hot bearing detection plan instead of the requirements described in paragraph (2)(C) if— the rail carrier submits such plan to the Secretary and the Secretary approves the plan; and the plan provides an equivalent or higher level of safety as the requirements described in paragraph (2)(B). 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. 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— 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); 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; creates procedures to review, approve, monitor compliance of such plans; 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; requires the reporting of data regarding the defect defector network effectiveness, including defect detector failures; 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 establish appropriate thresholds for alerts and corresponding safety actions, to the extent necessary. The performance standards established pursuant to paragraph (1)(D) shall be updated not less frequently than once every 5 years. Each entity subject to the mandate in subsection (a) shall update the plans required under subsection (d)(1)— to reflect material changes to its railcar defect detector network; or to address changes made to the performance standards pursuant to subsection (d)(2). 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. Not less frequently than biannually, the Secretary shall conduct reviews to ensure that railroad carriers are complying with the plans required under paragraph (1). 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— proprietary information, as verified by the Secretary; and 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. The Secretary may assess a civil penalty under chapter 213 of this title for any violation pursuant to the rulemaking under subsection (a) for— each accident or incident on a route where the railroad is noncompliant with the plan approved under subsection (e)(2); and failing to take any corresponding safety action to an alert as set forth in the approved plan pursuant to subsection (c)(2)(J). Nothing in this section may be construed to restrict the authority of the Secretary. 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: The Administrator of the Federal Railroad Administration shall establish a formula grant program to assist commuter railroads with installing defect detection technology. 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. 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. Any eligible entity that receive grant funding under this subsection shall comply with the grant conditions set forth in such section 22909(j). 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. 20173.Defect detection systems(a)DefinitionsIn this section:(1)Covered rail carrierThe term covered rail carrier has the meaning given the term Class I carrier in section 10102.(2)Defect detection systemThe 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 detectorThe 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 trainThe term high-hazard train has the meaning given such term in section 20155(a)(6).(5)Main lineThe 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 characteristicsThe term physical characteristics means the physical terrain and operating considerations related to the physical terrain for the relevant main line.(b)Defect Detector Analysis ProgramThe 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-basedEach defect detection system plan required under the final rule issued pursuant to subsection (d) shall be risk-based.(2)ContentsEach 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)SubmissionA 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 reviewsNot 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 generalNot 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 standardsThe performance standards established pursuant to paragraph (1)(D) shall be updated not less frequently than once every 5 years.(e)Updates and approvals(1)UpdatesEach 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)ApprovalsTo 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 complianceNot 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 availabilityNot 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 authorityNothing in this section may be construed to restrict the authority of the Secretary.. 20173. Defect detection systems..

20173. Defect detection systems In this section: The term covered rail carrier has the meaning given the term Class I carrier in section 10102. 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. 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. The term high-hazard train has the meaning given such term in section 20155(a)(6). The term main line means— a segment or route of railroad tracks— over which 5,000,000 or more gross tons of railroad traffic is transported annually; and that has a maximum authorized speed for freight trains in excess of 25 miles per hour; and intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which high-hazard trains operate. The term physical characteristics means the physical terrain and operating considerations related to the physical terrain for the relevant main line. 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— 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— maintenance; testing; inspection; and installation; 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; an evaluation of existing processes and procedures for decision making and communication of appropriate safety actions necessary to address unsafe equipment or operations, including— stoppage of rail equipment; setting out rail equipment; train speed reduction; diverting a train; and inspection requirements; 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 research to understand new or developing technologies. Each defect detection system plan required under the final rule issued pursuant to subsection (d) shall be risk-based. Each plan referred to in paragraph (1) shall include— a summary of the railroad’s proposed defect detector network, including— how the network will reduce the risk of incidents near population centers and on high-hazard train routes; and a description of how the network will be implemented by the deadline set forth in subsection (d)(1)(B); and a description of how the railroad's defect detection system meets or exceeds the defect detection performance standards described in subsection (d)(1)(D); 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— 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; 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 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; the types and spacing of other wayside defect detectors required to be placed, to the extent such detectors are utilized; the manufacturer's expected performance for each type of defect detector and how the carrier will assess compliance with such performance; procedures for promptly providing pertinent safety alerts to train employees, including locomotive engineers and conductors, train dispatchers, and relevant maintenance employees; the ability to share relevant safety data from the defect detector network with other railroad carriers and with rail car owners; policies and procedures for training employees regarding relevant elements of the defect detector system, including— 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; persons who receive and review defect detector alerts; and persons who operate trains or serve as a train or engine crew member; 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 designs for the collection and analysis, including applicable alerts, thresholds, and corresponding safety actions. A rail carrier may comply with an alternative hot bearing detection plan instead of the requirements described in paragraph (2)(C) if— the rail carrier submits such plan to the Secretary and the Secretary approves the plan; and the plan provides an equivalent or higher level of safety as the requirements described in paragraph (2)(B). 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. 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— 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); 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; creates procedures to review, approve, monitor compliance of such plans; 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; requires the reporting of data regarding the defect defector network effectiveness, including defect detector failures; 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 establish appropriate thresholds for alerts and corresponding safety actions, to the extent necessary. The performance standards established pursuant to paragraph (1)(D) shall be updated not less frequently than once every 5 years. Each entity subject to the mandate in subsection (a) shall update the plans required under subsection (d)(1)— to reflect material changes to its railcar defect detector network; or to address changes made to the performance standards pursuant to subsection (d)(2). 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. Not less frequently than biannually, the Secretary shall conduct reviews to ensure that railroad carriers are complying with the plans required under paragraph (1). 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— proprietary information, as verified by the Secretary; and 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. The Secretary may assess a civil penalty under chapter 213 of this title for any violation pursuant to the rulemaking under subsection (a) for— each accident or incident on a route where the railroad is noncompliant with the plan approved under subsection (e)(2); and failing to take any corresponding safety action to an alert as set forth in the approved plan pursuant to subsection (c)(2)(J). Nothing in this section may be construed to restrict the authority of the Secretary.

108. Safe Freight Act of 2023 This section may be cited as the Safe Freight Act of 2023. Subchapter II of chapter 201 of title 49, United States Code, is amended by inserting after section 20153 the following: 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. Except as provided in paragraph (2), the requirement under subsection (a) shall not apply with respect to— train operations on track that is not a main line track (as defined in section 20173(a)(2); 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; locomotives that— are not attached to any equipment or are attached only to a caboose; and do not travel father than 50 miles from the point of origin of such locomotive; and 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). The exceptions under paragraph (2) may not be applied to— a high-hazard train (as defined in section 20155(a)); or a train consist with a total length of at least 7,500 feet. A railroad carrier may seek a waiver of the requirements under subsection (a) in accordance with section 20103(d). Nothing in this section may be construed to restrict the authority of the Secretary. 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(a)Minimum crew sizeExcept 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 generalExcept 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 exceptionThe 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)WaiverA railroad carrier may seek a waiver of the requirements under subsection (a) in accordance with section 20103(d).(d)Preservation of authorityNothing in this section may be construed to restrict the authority of the Secretary.. 20154. Freight train crew size safety standards..

20154. Freight train crew size safety standards 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. Except as provided in paragraph (2), the requirement under subsection (a) shall not apply with respect to— train operations on track that is not a main line track (as defined in section 20173(a)(2); 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; locomotives that— are not attached to any equipment or are attached only to a caboose; and do not travel father than 50 miles from the point of origin of such locomotive; and 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). The exceptions under paragraph (2) may not be applied to— a high-hazard train (as defined in section 20155(a)); or a train consist with a total length of at least 7,500 feet. A railroad carrier may seek a waiver of the requirements under subsection (a) in accordance with section 20103(d). Nothing in this section may be construed to restrict the authority of the Secretary.

110. Safer tank cars 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. The Secretary— 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 may not enforce any date-specific deadlines or requirements that are inconsistent with the requirement under subsection (a). Except as required under paragraph (1), nothing in this section may be construed to require the Secretary to issue regulations to implement this section. 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. 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— identifies the manufacturing capacity of tank car manufacturers in North America, that manufacture tank cars to meet DOT–117 and DOT–117P specification requirements; 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; estimates the schedule of replacing tank cars currently in service that are reaching the end of their life cycle; 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 estimates the demand for new tank cars.

111. Rail safety infrastructure research and development grants 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. 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.

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— stronger, safer tank cars and valves for tank cars; and other tank car safety features.

113. Federal Railroad Administration safety culture Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Department of Transportation shall— 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 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. 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– reorganization of its safety offices and management structure; reorganization of its policy and research offices; and telework policies, including any change in policies since the beginning of the COVID–19 pandemic. 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.

114. GAO report on roadway worker protections Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall— 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 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. The report submitted under subsection (a)(2) shall— 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; 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— the primary function and features; the maturity, implementation readiness, and user experience; the frequency of implementation; any costs, including up front and ongoing maintenance costs, of the technology and other costs associated with the technology; safety benefits associated with the technology relative to current rules, policies, procedures, and practices; and ability to enhance protections for roadway workers without negatively impacting operational or network efficiencies; discuss the potential for such technologies to reduce or eliminate roadway worker accidents occurring within the rail right-of-way; describe any challenges or barriers to adoption of such safety technologies, including operational, technical, and network efficiency challenges or barriers; and assess the cost-beneficial nature of utilizing such technology as a secondary warning system.

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— an assessment of the changes in the number of Federal Railroad Administration safety inspectors and specialists, including— the number of safety inspector and specialist vacancies; the number of such positions requested in each of the budget requests for the last 10 fiscal years; and the actual workforce levels during each of such fiscal years; an assessment of geographic allocation plans, potential hiring and time-to-hire challenges, expected retirement rates, and recruitment and retention strategies; 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; 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; 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 recommendations for any reforms that could— improve the recruitment, hiring, and retention of Federal Railroad Administration safety inspectors and specialists, including potential quality of life and workplace improvements; improve Federal Railroad Administration workforce management processes; or 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.

116. Office of Personnel Management review of safety inspector and specialist classifications Not later than 270 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall— complete a review of the Railroad Safety Series, GS–2121, TS-37; and 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— current critical Federal Railroad Administration disciplines; and technological advancements and operational conditions within the railroad industry. 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— explains the findings of the review required under subsection (a); and justifies the determination not to make revisions to the Railroad Safety Series.

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.

201. Hazardous materials registration fees Section 5108(g) of title 49, United States Code, is amended— in paragraph (1), by striking (1) The Secretary and inserting the following: The Secretary in paragraph (2)— in subparagraph (C), by striking (C) The Secretary and inserting the following: The Secretary in subparagraph (B), by striking (B) The Secretary and inserting the following: The Secretary 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: In addition to a fee established under paragraph (1), the Secretary shall establish and impose by regulation and collect an annual fee. Subject to subparagraph (C), the fee established under subparagraph (A) shall be— at least $250 but not more than $500 from each person that— is required to file a registration statement under this section; and is identified as a small business (within the meaning of part 121 of title 13, Code of Federal Regulations (or successor regulations)); and at least $500 but not more than $5,000 from each person that— is required to file a registration statement under this section; and is not identified as a small business (within the meaning of part 121 of title 13, Code of Federal Regulations (or successor regulations)). (1)In generalThe Secretary; and (D)Transfer and depositThe Secretary; (C)AdjustmentThe Secretary; and (2)Annual fee(A)EstablishmentIn addition to a fee established under paragraph (1), the Secretary shall establish and impose by regulation and collect an annual fee. (B)RequirementSubject 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))..

202. Virtual training options Section 5115(b)(1) of title 49, United States Code, is amended— in subparagraph (B), by striking and after the semicolon at the end; and by adding at the end the following: 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 (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.

203. Hazardous materials transportation emergency response and preparedness grants Section 5116 of title 49, United States Code, is amended— by striking the section designation and heading and inserting the following: in subsection (a)— in paragraph (1)— in subparagraph (B), by striking and after the semicolon at the end; in subparagraph (C)— by striking public sector employees and inserting emergency response personnel; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: 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; to conduct and organize simulated and field exercises relating to hazardous materials transportation incidents; and to develop a hazardous materials transportation emergency response preparedness gap analysis in accordance with paragraph (9). in paragraph (5)(A)— in clause (i), by striking public sector employees being trained and inserting emergency response personnel being trained virtually or in person; in clause (ii), by striking employees and inserting personnel; in clause (iii)— by striking employees and inserting personnel; and by striking and after the semicolon at the end; and by adding at the end the following: to cover the costs of personnel needed to replace any personnel being trained; and to cover lost wages for any volunteer being trained, up to a reasonable amount determined by the Secretary; in paragraph (6)— by striking subparagraph (A) and inserting the following: 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; in subparagraph (B), by striking amounts and inserting number of shipments; by redesignating paragraphs (5) and (6) as paragraphs (6) and (8), respectively; by inserting after paragraph (4) the following: 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— not less than 70 percent of the grant funds; or eligible services or activities described in paragraph (1) having a value of not less than 70 percent of the amount of the grant. 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. The Governor of a State may request in writing that the Secretary extend the period under subparagraph (A) for an additional period of time. 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. 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. 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. 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. For purposes of this paragraph, term eligible local entity means each of the following: A political subdivision of a State. A public emergency response organization. by inserting after paragraph (6) (as so redesignated) the following: 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. by inserting after paragraph (8) (as so redesignated) the following: Each hazardous materials transportation emergency response preparedness gap analysis shall include— an identification of gaps and limitations of the hazard response program of the applicable jurisdiction, including— knowledge and personal protective equipment gaps; and gaps in training, including Incident Command Management training and ASTM Standard E3241 training; and a strategic plan to address the gaps and limitations identified under clause (i). In developing a hazardous materials transportation emergency response preparedness gap analysis under subparagraph (A), the entity preparing the analysis shall— coordinate with Regional Response Teams (as described in section 300.115 of title 40, Code of Federal Regulations (or a successor regulation)); include States, Tribes, hazardous materials emergency response programs, local governments, and emergency response personnel (including fire service organizations) in that development, as appropriate; and 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. in subsection (d)— in the second sentence, by striking Amounts and inserting the following: Amounts 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: 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, by adding at the end the following: 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. in subsection (h)— in the second sentence— in paragraph (4), by striking 2 percent and inserting 4 percent; by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately; and in the matter preceding subparagraph (A) (as so redesignated), by striking Without and inserting the following: Without in the first sentence— by striking section 5108(g)(2)(C) of this title and inserting section 5108(g)(2)(D); and by striking The Secretary and inserting the following: The Secretary by adding at the end the following: The amounts collected under section 5123— shall be set aside for the purpose of carrying out subsection (k); and shall be available, without further appropriation, for that purpose. The set-aside described in subparagraph (A)— 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 after that date, shall apply to each subsequent period— 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 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. in subsection (k)— in paragraph (3), by striking such planning and training programs and inserting each grant program; by redesignating paragraphs (1) through (4) as subparagraphs (A), (B), (D), and (E), respectively, and indenting appropriately; by inserting after subparagraph (B) (as so redesignated) the following: a description of any personal protective equipment purchased using grant funds; in the matter preceding subparagraph (A) (as so redesignated)— in the first sentence, by striking an annual report; and 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— includes information on the allocation and uses of the grants made available under— this section; and subsections (e) and (i) of section 5107; identifies the ultimate recipients of those grants; identifies the amount of funding available for each grant; describes any unobligated balances, total annual drawdown by each grantee, and recovered balances; includes the amount of funding rescinded, by grant recipient, for each grant; and includes— by striking tribe each place it appears and inserting Tribe; and by striking tribes each place it appears and inserting Tribes. Section 5116(j)(1)(A) of title 49, United States Code, is amended by striking liquids and inserting materials. Section 5128(b) of title 49, United States Code, is amended— in the matter preceding paragraph (1), by striking Hazardous Materials Preparedness Fund and inserting Hazardous Materials Emergency Preparedness Fund; in paragraph (3), by striking section 5116(h)(3); and and inserting section 5116(h)(2)(C);; and by striking paragraph (4) and inserting the following: $4,000,000 to carry out section 5116(i); and $1,000,000 to carry out section 5116(j). 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: Section 5102 of title 49, United States Code, is amended by striking paragraph (6) and inserting the following: 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). Section 5123 of title 49, United States Code, is amended by striking subsection (g) and inserting the following: Amounts collected under this section shall be transferred to the Hazardous Materials Emergency Preparedness Fund established under section 5116(h). 5116.Hazardous materials transportation emergency response and preparedness; (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).; (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;; (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 (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.; (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 (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.; (2)Certain amountsAmounts; (1)In generalA 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 (3)In-kind contributionsFor 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.; (2)UsesWithout; and (1)In generalThe Secretary; and (3)Set aside(A)In generalThe 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)ApplicationThe 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.; (C)a description of any personal protective equipment purchased using grant funds;; and (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—; (4)$4,000,000 to carry out section 5116(i); and(5)$1,000,000 to carry out section 5116(j).. 5116. Hazardous materials transportation emergency response and preparedness.. (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).. (g)Transfer of amounts collectedAmounts collected under this section shall be transferred to the Hazardous Materials Emergency Preparedness Fund established under section 5116(h)..

5116. Hazardous materials transportation emergency response and preparedness

204. Emergency response assistance Section 5116 of title 49, United States Code, is amended— by redesignating subsection (k) as subsection (l); by inserting after subsection (j) the following: In this subsection: The term significant hazardous materials transportation incident means an incident that— involves hazardous materials being moved by a motor carrier or rail carrier; 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 results in a serious injury, fatality, or 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. 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. The Secretary shall have the authority to declare a significant hazardous materials transportation incident. The Secretary shall establish and publish guidelines to determine whether a significant hazardous materials transportation incident has occurred. 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— the Secretary declares the incident a significant hazardous materials transportation incident; and 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. 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. 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). 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). The eligible entities referred to in paragraphs (4)(A) and (5) are— States, territories, and Tribes; political subdivisions of a State or territory; and public emergency response organizations. Funds made available under paragraph (4) or (5) may be used only— 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; for overtime pay of employees of eligible entities that responded to the scene of a significant hazardous materials transportation incident; 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; 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 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. 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). 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. 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. 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. 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. 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. Any funding recovered by the Secretary under this subsection shall be deposited back into the Fund. 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. 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. 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. 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. 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. The Secretary shall streamline the application process for the receipt of funds under this subsection, including by— providing technical assistance to eligible entities; and creating a template that eligible entities can use to apply for funding. Nothing in this subsection limits, or may be construed to limit, the liability of a responsible party. A responsible party may, in accordance with any other applicable law— 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 seek reimbursement (to the extent such other law allows) from that other party. 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. 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). 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). Not later than September 30, 2027, the Comptroller General of the United States shall submit to Congress a report on the effectiveness this subsection. The report submitted under subparagraph (A) shall include, at a minimum, information on— the number of significant hazardous materials transportation incidents that received funding under this subsection; the amount of financial assistance the Secretary provided to eligible entities; the amount of financial assistance responsible parties submitted to the Secretary under paragraph (9); the amount of reimbursement the Secretary received from eligible entities as required under paragraph (7)(C); whether the amounts provided by the Secretary under this subsection adequately reflect the amounts actually spent by the eligible entities; 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 any other factors the Comptroller General of the United States considers to be appropriate to review the effectiveness of this subsection. by adding at the end the following: In this section: The term emergency response personnel means— an employee of a State, territory, Tribe, or political subdivision of a State; and a person belonging to a public emergency response organization. The term public emergency response organization means— a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters; a fire department that has— paid firefighting personnel; and volunteer firefighting personnel; a nonaffiliated EMS organization; and a fire department that has an all-volunteer force of firefighting personnel. For purposes of subparagraph (A)(iii), the term nonaffiliated EMS organization means a public or private nonprofit emergency medical services organization that— is not affiliated with a hospital; and 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. (k)Emergency response assistance(1)DefinitionsIn this subsection:(A)Significant hazardous materials transportation incidentThe 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 damageThe 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 programNot 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 generalThe Secretary shall have the authority to declare a significant hazardous materials transportation incident.(B)GuidelinesThe Secretary shall establish and publish guidelines to determine whether a significant hazardous materials transportation incident has occurred.(4)Release of funds(A)In generalThe 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 fundsIn 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)AuthorityThe 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 fundsThe 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 describedThe 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 generalFunds 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 costsNot 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 fundsIf 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 generalFor 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 submissionA 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 planA 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 generalSubject 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)RequirementAny funding recovered by the Secretary under this subsection shall be deposited back into the Fund.(C)NoticeAfter 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 actionNot 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 generalThe 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 reviewIn 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)DiscretionIf 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 processThe 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)LiabilityNothing in this subsection limits, or may be construed to limit, the liability of a responsible party.(B)Reimbursement(i)In generalA 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 subsectionNothing 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 determinationA 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 activitiesNo 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 generalNot later than September 30, 2027, the Comptroller General of the United States shall submit to Congress a report on the effectiveness this subsection.(B)ContentsThe 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 (m)DefinitionsIn this section: (1)Emergency response personnelThe 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 generalThe 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 definitionFor 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..