,,ii #aacth ,,congress #b;d ,session ,s4 #bghd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #aj1 #bjad ,mr4 ,blumenthal 7for himself1 ,mr4 ,schumer1 ,mrs4 ,gillibrand1 and ,mr4 ,murphy7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to direct the ,secretary of ,transportation to carry out activities to improve rail safety1 and for other purposes4 #a4 ,short title2 table of contents2 references to title #di1 ,united ,states ,code 7a7 ,short title ,this ,act may be cited as the ,rail ,safety ,improvement ,act of #bjad4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 references to title #di1 ,united ,states ,code4 ,sec4 #b4 ,authorization of appropriations4 ,sec4 #c4 ,requirement for uniform operating rules4 ,sec4 #d4 ,rail safety technology4 ,sec4 #e4 ,fatigue mitigation4 ,sec4 #f4 ,transportation of flammable liquids by rail4 ,sec4 #g4 ,amendments to the ,safety ,appliance ,law4 ,sec4 #h4 ,amendments to the ,locomotive ,inspection ,law4 ,sec4 #i4 ,repair and replacement of damaged track inspection equipment4 ,sec4 #aj4 ,commuter rail track inspections4 ,sec4 #aa4 ,automated track geometry inspections4 ,sec4 #ab4 ,speed enforcement4 ,sec4 #ac4 ,unintentional movement4 ,sec4 #ad4 ,rail safety oversight improvements4 ,sec4 #ae4 ,reports on statutory mandates and recommendations4 ,sec4 #af4 ,operation deep dive2 report4 ,sec4 #ag4 ,use of certain reports and surveys4 ,sec4 #ah4 ,authorization of appropriations2 miscellaneous4 ,sec4 #ai4 ,enforcement4 ,sec4 #bj4 ,confidential close call reporting systems4 ,sec4 #ba4 ,freight train crew size4 7c7 ,references to title #di1 ,united ,states ,code ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #di1 ,united ,states ,code4 #b4 ,authorization of appropriations ,section #bjaag7;a7 is amended to read as follows3 7a7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary of ,transportation to carry out this part and to carry out responsibilities under chapter #ea as delegated or authorized by the ,secretary-- 7,a7 #bbe1jjj1jjj for fiscal year #bjae2 7,b7 #bde1jjj1jjj for fiscal year #bjaf2 7,c7 #bff1jjj1jjj for fiscal year #bjag2 7,d7 #bhi1jjj1jjj for fiscal year #bjah2 7,e7 #bic1jjj1jjj for fiscal year #bjai2 and 7,f7 #cjj1jjj1jjj for fiscal year #bjbj4 7#b7 ,inspection vehicles ,with amounts appropriated pursuant to paragraph 7#a71 the ,secretary1 in addition to providing further funding for previously purchased automated inspection vehicles as needed1 shall purchase or lease automated rail integrity inspection vehicles1 ,gage ,restraint ,measurement ,system vehicles1 and automated track geometry vehicles or other comparable technology as needed1 including technology that may be added onto an existing railcar or vehicle1 to assess rail and track safety4 7#c7 ,facility for underground rail station and tunnel ,there are authorized to be appropriated to the ,secretary such sums as may be necessary for the period encompassing fiscal years #bjae through #bjbj to design1 develop1 and construct the ,facility for ,underground ,rail ,stations and ,tunnels at the ,transportation ,technology ,center in ,pueblo1 ,colorado4 ,the facility shall be used to test and evaluate the vulnerabilities of above-ground and underground rail tunnels to prevent accidents and incidents in such tunnels1 to mitigate and remediate the consequences of any such accidents or incidents1 and to provide a realistic scenario for training emergency responders4 7#d7 ,rail security ,such sums as may be necessary from the amount appropriated pursuant to paragraph 7#a7 for each of the fiscal years #bjae through #bjbj shall be made available to the ,secretary for personnel in regional offices and in ,washington1 ,d4,c41 whose duties primarily involve rail security4 4 #c4 ,requirement for uniform operating rules 7a7 ,amendment ,subchapter ,,ii of chapter #bja is amended by adding after section #bjafg the following3 #bjafh4 ,uniform operating rules 7a7 ,in general ,the ,secretary of ,transportation may promulgate regulations or issue orders to require in small geographic areas1 as defined by the ,secretary1 where #b or more railroads serve as host railroads for joint operations that occur within a small geographic area1 all such host railroads in the small geographic area to develop uniform operating rules governing all operations within the small geographic area with respect to-- 7#a7 signal aspects and indications1 such that no aspect represents multiple indications for any operations within the small geographic area2 7#b7 after-arrival mandatory directives1 such that the use of an after-arrival mandatory directive is prohibited for any operations in non signaled territory within the small geographic area2 and 7#c7 forms used to convey track authority1 such that track authority for any operations within the small geographic area is conveyed using an identical set of forms4 7b7 ,construction ,nothing in this section shall be construed to limit the authority of the ,secretary to promulgate regulations or issue orders under other law4 4 7b7 ,conforming amendment ,the table of contents for subchapter ,,ii chapter #bja is amended by adding after the item relating to section #bjafg the following3 #bjafh4 ,uniform operating rules4 4 #d4 ,rail safety technology 7a7 ,railroad safety technology grants 7#a7 ,authorization of appropriations ,section #bjaeh7;c7 is amended to read as follows3 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,transportation the following amounts to carry out this section1 to remain available until expended3 7#a7 ,for fiscal year #bjae1 #a1jjj1jjj1jjj4 7#b7 ,for fiscal year #bjaf1 #a1jjj1jjj1jjj4 7#c7 ,for each of fiscal years #bjag through #bjbj1 #bej1jjj1jjj4 4 7#b7 ,matching requirements ,section #bjaeh7;b77#d7 is amended by striking the period at the end and inserting 1 except that ,federal funds for an eligible project for the primary benefit of intercity rail passenger transportation or commuter rail passenger transportation may equal #ajj percent of the total cost of that project44 7#c7 ,grant criteria2 considerations ,section #bjaeh7;b77#b7 is amended-- 7,a7 in subparagraph 7,b71 by striking 2 or and inserting a semicolon2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,d7 are submitted by applicants that demonstrate a history of making expenditures for capital projects related to railroad safety technology4 4 7b7 ,positive train control systems 7#a7 ,spectrum ,subchapter ,,ii of chapter #bja1 as amended by section #c of this ,act1 is further amended by adding at the end the following3 #bjafi4 ,electromagnetic spectrum ,not later than #abj days after the date of enactment of the ,rail ,safety ,improvement ,act of #bjad1 the ,secretary of ,transportation and the ,chairman of the ,federal ,communications ,commission shall coordinate to assess spectrum needs and availability for implementing positive train control systems 7as defined in section #bjaeg74 ,such coordination may include conversations with external stakeholders4 4 7#b7 ,conforming amendment ,the table of contents for subchapter ,,ii of chapter #bja1 as amended by section #c of this ,act1 is further amended by adding at the end the following3 #bjafi4 ,electromagnetic spectrum4 4 7#c7 ,reports ,section #bjaeg7;a7 is amended by adding at the end the following3 7#c7 ,progress reports 7,a7 ,in general ,beginning #f months after the date of enactment of the ,rail ,safety ,improvement ,act of #bjad1 and every #f months thereafter until its positive train control system is certified by the ,secretary under subsection 7h71 each railroad carrier and entity required to submit a plan under paragraph 7#a7 of this subsection shall provide a progress report to the ,secretary on the status of the plan4 7,b7 ,contents ,a progress report under subparagraph 7,a7 shall include-- 7i7 a section describing the total number of positive train components required1 the number of components that have been completed as of the date of the progress report1 the number of components that remain to be completed or implemented1 an estimated completion date for each component that remains to be completed or implemented1 and the overall completion percentage2 and 7ii7 a section describing-- 7,i7 the total number of safety-related employees and equivalent railroad carrier contractors and subcontractors required to be trained1 by class and craft2 7,,ii7 the minimum training standards for the employees1 contractors1 and subcontractors under subclause 7,i72 7,,iii7 the percentage of employees1 contractors1 and subcontractors under subclause 7,i7 that have completed training as of the date of the progress report2 7,,iv7 the percentage of employees1 contractors1 and subcontractors under subclause 7,i7 that remain to be trained2 and 7,v7 the estimated completion date for the training under subclause 7,,iv74 7,c7 ,definitions ,in this paragraph3 7i7 ,component ,the term component means a locomotive apparatus1 wayside interface unit1 switch1 base station radio1 wayside radio1 locomotive radio1 and any new and novel technology that is part of a positive train control system4 7ii7 ,minimum training standards ,the term minimum training standards means the knowledge of1 and ability to comply with1 ,federal railroad safety laws and regulations and carrier rules and procedures necessary to implement positive train control4 7,d7 ,website ,not later than #cj days after receiving a progress report under this paragraph1 the ,secretary shall make the report available on the website of the ,federal ,railroad ,administration4 4 7c7 ,alerters 7#a7 ,in general ,subchapter ,,ii of chapter #bja1 as amended by subsection 7b7 of this section1 is further amended by adding at the end the following3 #bjagj4 ,alerters 7a7 ,in general ,beginning #a year after the date of enactment of the ,rail ,safety ,improvement ,act of #bjad1 a working alerter shall be required in the controlling locomotive of each passenger train in intercity rail passenger transportation 7as defined in section #bdajb7 or commuter rail passenger transportation 7as defined in section #bdajb74 7b7 ,regulations ,the ,secretary may promulgate or revise existing regulations to specify the appropriate technical detail and essential functionalities of a working alerter1 including the manner in which the alerter can be reset4 4 7#b7 ,conforming amendment ,the table of contents for subchapter ,,ii of chapter #bja1 as amended by subsection 7b7 of this section1 is further amended by adding at the end the following3 #bjagj4 ,alerters4 4 7d7 ,redundant signal protection ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall promulgate such regulations as the ,secretary considers necessary to require that on-track safety programs1 as described in subpart ,c of part #bad of title #di1 ,code of ,federal ,regulations1 whenever practicable and consistent with other safety requirements and operational considerations1 include requiring implementation of redundant signal protection1 such as shunting1 for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection4 7e7 ,installation of audio and image recording devices 7#a7 ,in general ,subchapter ,,ii of chapter #bja1 as amended by subsection 7c7 of this section1 is further amended by adding at the end the following3 #bjaga4 ,installation of audio and image recording devices 7a7 ,in general ,not later than #b years after the date of enactment of the ,rail ,safety ,improvement ,act of #bjad1 each railroad carrier that is a ,class ,i railroad and each railroad carrier that provides intercity rail passenger or commuter rail passenger transportation shall install inward- and outward-facing audio and image recording devices in all controlling locomotive cabs and cab car operating compartments4 7b7 ,regulations ,not later than #a year after the date of enactment of the ,rail ,safety ,improvement ,act of #bjad1 the ,secretary of ,transportation shall promulgate such regulations as the ,secretary considers necessary to implement this section4 ,the regulations1 at a minimum1 shall require-- 7#a7 a railroad carrier described in subsection 7a7 to establish a program for the review and use of in-cab audio and image recordings2 7#b7 the program under paragraph 7#a7 to be submitted to the ,secretary for review and approval2 and 7#c7 privacy protections as determined appropriate by the ,secretary1 including limitations on the public release of the recordings under subsection 7f74 7c7 ,programs 7#a7 ,in general ,each program established under subsection 7b77#a7 shall be limited to the purposes under paragraph 7#b7 of this subsection4 ,a railroad carrier may not use in-cab audio or image recordings or structure the program to retaliate against an employee1 or for selective enforcement4 7#b7 ,purposes ,a program established under subsection 7b77#a7 shall limit the use of in-cab audio and image recordings to the following purposes3 7,a7 ,assisting in an investigation into the causation of a reportable accident4 7,b7 ,verifying that a train crew member's actions are in accordance with applicable safety laws4 7,c7 ,counseling a train crew member if the member's actions are not in accordance with applicable safety laws4 7d7 ,detail and features ,in promulgating the regulations under this section1 the ,secretary shall specify the appropriate technical detail and essential features of the inward- and outward-facing audio and image recording devices to provide for-- 7#a7 protection in the event of a crash or fire2 7#b7 a minimum #ab-;hour continuous recording capability2 7#c7 recordings that are easily accessible for review during an accident investigation2 and 7#d7 information captured by recording devices to be recorded in a location remote from the controlling locomotive to maximize the likelihood of recovering the information after an accident4 7e7 ,other railroad carriers 7#a7 ,in general ,nothing in this section restricts the discretion of the ,secretary to require railroad carriers other than those described in subsection 7a7 to install inward- and outward-facing audio and image recording devices in all controlling locomotive cabs and cab car operating compartments4 ,in exercising such discretion1 the ,secretary shall consider1 at a minimum1 the safety performance of the railroad carrier4 7#b7 ,voluntary program establishment ,any railroad carrier other than a railroad carrier described in subsection 7a7 may voluntarily establish a program under this section4 ,this section1 and any regulations promulgated under this section1 shall apply to a program that is voluntarily established4 7f7 ,confidentiality of recordings ,in accordance with section #eeb7;b77#c7 of title #e1 the ,secretary may not disclose publicly any part of an in-cab audio or image recording that the ,secretary obtains as part of an accident or other investigation4 4 7#b7 ,conforming amendment ,the table of contents for subchapter ,,ii of chapter #bja1 as amended by subsection 7c7 of this section1 is further amended by adding at the end the following3 #bjaga4 ,installation of audio and image recording devices4 4 #e4 ,fatigue mitigation 7a7 ,regulation on fatigue management plans ,not later than #ahj days after the promulgation of the final regulation implementing the requirement for risk reduction plans under section #bjaef7;a7 of title #di1 ,united ,states ,code1 or for #aj-year technology implementation plans under section #bjaef7;e7 of that title1 whichever is later1 the ,secretary of ,transportation shall promulgate such regulations as are necessary to implement the requirement for fatigue management plans under section #bjaef7;f7 of that title4 7b7 ,cost-,benefit analysis 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall conduct a comprehensive cost-benefit analysis to evaluate the development of hours of service requirements for all train1 signal1 and dispatching service employees based on fatigue sciences4 7#b7 ,assumptions ,in performing the cost-benefit analysis1 the ,secretary of ,transportation may-- 7,a7 contemplate hours of service requirements for the employees described in paragraph 7#a7 that are based on sound1 up-to-date scientific information regarding fatigue measurement1 employee work and sleep1 and accident risk2 and 7,b7 contemplate requirements that differ from the requirements under chapter #baa of title #di1 ,united ,states ,code4 7#c7 ,considerations ,in performing the cost-benefit analysis1 the ,secretary of ,transportation shall consider the costs1 benefits1 and other effects associated with the requirements contemplated in paragraph 7#b71 including-- 7,a7 the impact on train accidents1 including fatalities1 injuries1 and property damage2 7,b7 the impact on staffing1 schedules1 and other railroad operations2 7,c7 the impact on employees' salaries1 earning opportunities1 and other compensation2 7,d7 the impact on customer needs1 such as predictability of service2 7,e7 the impact on productivity and competitiveness2 7,f7 the impact on recordkeeping and other railroad administration2 7,g7 the impact of consecutive days worked and work performed during night hours on the potential for fatigue and risk of accidents2 7,h7 one-time versus reoccurring costs2 7,i7 whether an effect disproportionately impacts a class of railroad2 7,j7 the cost-effectiveness of existing railroad fatigue management initiatives2 7,k7 the extent to which the application of modern fatigue science to hours of service requirements is consistent with the railroad operating environment2 and 7,l7 such other effects as the ,secretary of ,transportation considers appropriate4 7#d7 ,report ,not later than #fj days after the cost-benefit analysis is complete1 the ,federal ,railroad ,administration shall post a report on its website that summarizes the results of the cost-benefit analysis1 describes any disproportionate costs or benefits to a particular class of railroad1 and recommends any changes to the current hours of service law4 #f4 ,transportation of flammable liquids by rail 7a7 ,in general ,chapter #ea is amended by inserting after section #eaaj the following3 #eaaa4 ,requirements for the operation of high-hazard flammable trains 7a7 ,in this section3 7#a7 ,class #c flammable liquid ,the term ,class #c flammable liquid has the meaning given the term in section #agc4abj7;a7 of title #di1 ,code of ,federal ,regulations4 7#b7 ,distributed power system ,the term distributed power system has the meaning given the term in section #bbi4e of title #di1 ,code of ,federal ,regulations4 7#c7 ,,dot specification #aaa tank car ,the term ,,dot specification #aaa tank car means a tank car that meets ,department of ,transportation ,specification #aaa standards but does not meet the requirements of ,association of ,american ,railroads ,casualty ,prevention ,circular #abcb4 7#d7 ,high-hazard flammable train ,the term high-hazard flammable train means a single train transporting #bj or more tank cars loaded with a ,class #c flammable liquid4 7#e7 ,maximum extent practicable ,the term maximum extent practicable has the meaning given the term in section #acj4e of title #di1 ,code of ,federal ,regulations4 7#f7 ,state ,the term ,state means a ,state of the ,united ,states or the ,district of ,columbia4 7#g7 ,two-way end-of-train device ,the term two-way end-of-train device has the meaning given the term in section #bcb4e of title #di1 ,code of ,federal ,regulations4 7#h7 ,worst-case discharge ,the term worst-case discharge has the meaning given the term in section #acj4e of title #di1 ,code of ,federal ,regulations4 7b7 ,notification requirements 7#a7 ,in general ,a railroad carrier may not operate a high-hazard flammable train in a ,state until the railroad carrier has provided the ,state ,emergency ,response ,commission for the ,state or other appropriate ,state delegated entity1 the ,tribal ,emergency ,response ,commission1 as appropriate1 and the ,county ,emergency ,management ,commissioner or other appropriate county emergency response coordinator with-- 7,a7 a reasonable estimate of the number of high-hazard flammable trains that are expected to travel1 per week1 through each county within the ,state2 7,b7 each route that the high-hazard flammable train will take within the ,state2 7,c7 a description of the ,class #c flammable liquid being transported through the ,state2 7,d7 all applicable emergency response information required under subparts ,c and ,g of part #agb of title #di1 ,code of ,federal ,regulations2 and 7,e7 the contact information1 including name1 title1 telephone number1 and address1 for at least #a individual at the railroad carrier responsible for serving as the point of contact for the ,state ,emergency ,response ,commission or other appropriate ,state delegated entity1 the ,tribal ,emergency ,response ,commission1 if appropriate1 the ,county ,emergency ,management ,commissioner or other appropriate county emergency response coordinator1 and any other relevant emergency responders related to the railroad carrier's transportation of high-hazard flammable trains4 7#b7 ,updates ,a railroad carrier shall update a notification under paragraph 7#a7 prior to making any material change in the estimated number of high-hazard flammable trains that are expected to travel1 per week1 through a county within the ,state4 ,for purposes of this paragraph1 a material change means an increase or decrease of #be percent or more in the estimate of the number of high-hazard flammable trains from the number provided under paragraph 7#a77;,a74 7#c7 ,copies to ,department of ,transportation ,a railroad carrier shall provide the information required under paragraph 7#a7 to the ,department of ,transportation concurrently with the ,state ,emergency ,response ,commission or other appropriate ,state delegated entity1 as applicable4 7#d7 ,,foia ,the information provided to the ,department of ,transportation under paragraph 7#c7 shall be considered a record and available to the public in accordance with section #eeb of title #e1 ,united ,states ,code4 7#e7 ,penalties ,a railroad carrier violating this subsection or a regulation promulgated under this subsection is liable to the ,united ,states ,government for a civil penalty4 ,the ,secretary of ,transportation may impose a civil penalty of up to #age1jjj for each violation or for each day the violation continues4 7c7 ,speed restrictions ,a railroad carrier operating a high-hazard flammable train shall-- 7#a7 except as provided under paragraph 7#b71 adhere to a speed restriction of #ej miles per hour2 and 7#b7 adhere to a speed restriction of #dj miles per hour for each high-hazard flammable train-- 7,a7 with at least #a ,,dot specification #aaa tank car while the train operates in an area that has a population of more than #ajj1jjj people1 as determined by census population data2 or 7,b7 with at least #a non-,,dot specification tank car while the train operates in an area that has a population of more than #ajj1jjj people1 as determined by census population data4 7d7 ,required equipment 7#a7 ,in general ,a railroad carrier shall equip each high-hazard flammable train it operates with-- 7,a7 a two-way end-of-train device 7as defined in section #bcb4e of title #di1 ,code of ,federal ,regulations72 7,b7 a distributed power system 7as defined in section #bbi4e of title #di1 ,code of ,federal ,regulations72 or 7,c7 an electronically controlled pneumatic brake system 7as defined in section #bcb4e of title #di1 ,code of ,federal ,regulations74 7#b7 ,exception ,paragraph 7#a7 shall not apply to the operation of a high-hazard flammable train that is limited to a maximum speed of #cj miles per hour4 7#c7 ,construction ,nothing in this subsection shall be construed to limit the authority of the ,secretary to promulgate regulations or issue orders under other law4 7e7 ,installation of wayside defective bearing detectors 7#a7 ,in general ,subject to paragraph 7#b71 each railroad carrier shall install wayside defective bearing detectors at least every #dj miles along main line track-- 7,a7 that the railroad carrier owns or has been assigned maintenance responsibility under section #bac4e of title #di1 ,code of ,federal ,regulations2 and 7,b7 over which #a or more high-hazard flammable trains are operated4 7#b7 ,completion 7,a7 ,progress report ,not later than #ahj days after the date of enactment of the ,rail ,safety ,improvement ,act of #bjad1 a railroad carrier shall submit to the ,secretary a report describing the progress the railroad carrier has made toward completion of the installation of wayside defective bearing detectors under paragraph 7#a74 7,b7 ,completion date ,after reviewing the report submitted under subparagraph 7,a71 the ,secretary shall establish a date by which the railroad carrier must complete the installation of wayside defective bearing detectors under paragraph 7#a74 7#c7 ,exception ,paragraph 7#a7 shall not apply to any situation in which the ,secretary determines that track configuration or other safety considerations dictate otherwise4 7f7 ,inspections ,a railroad carrier shall-- 7#a7 conduct at least #b automated track geometry inspections each calendar year on main line track-- 7,a7 that the railroad carrier owns or has been assigned maintenance responsibility under section #bac4e of title #di1 ,code of ,federal ,regulations2 and 7,b7 over which a high-hazard flammable train is operated2 7#b7 perform at least #a additional internal rail inspection each calendar year than is required under section #bac4bcg7;c7 of title #di1 ,code of ,federal ,regulations on main line track-- 7,a7 that the railroad carrier owns or has been assigned maintenance responsibility under section #bac4e of title #di1 ,code of ,federal ,regulations2 and 7,b7 over which a high-hazard flammable train is operated2 and 7#c7 perform at least #a additional track inspection per week than is required under section #bac4bcc7;c7 of title #di1 ,code of ,federal ,regulations1 on each main line track-- 7,a7 that the railroad carrier owns or has been assigned maintenance responsibility under section #bac4e of title #di1 ,code of ,federal ,regulations2 and 7,b7 over which a high-hazard flammable train is operated4 4 7b7 ,conforming amendment ,the table of contents for chapter #ea is amended by adding after the item relating to section #eaaj the following3 #eaaa4 ,requirements for the operation of high-hazard flammable trains4 4 7c7 ,oil spill prevention and response plans 7#a7 ,submission and approval procedures ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall promulgate regulations to require approval of each oil spill prevention and response plan submitted or resubmitted to the ,federal ,railroad ,administrator 7for tank cars7 to ensure it meets all the requirements of part #acj of title #di1 ,code of ,federal ,regulations1 as revised under paragraph 7#b7 of this subsection4 ,the regulations shall include notice of1 and an opportunity to respond to1 including the opportunity for an informal conference1 any alleged plan deficiencies or proposed plan revisions and an opportunity to correct any plan deficiencies4 7#b7 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall revise the regulations under part #acj of the ,code of ,federal ,regulations 7relating to oil spill prevention and response plans7 to modify the #a1jjj barrels 7#db1jjj gallons7 threshold for a comprehensive oil spill prevention and response plan to account for worst-case discharges resulting from accidents involving unit trains or blocks of #bj or more tank cars4 7d7 ,positive train control ,section #bjaeg7;a77#a7 is amended-- 7#a7 by striking ,not later than #ah months after the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh1 each and inserting ,each2 7#b7 in subparagraph 7,b71 by striking 2 and and inserting a semicolon2 7#c7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7#d7 by inserting after subparagraph 7,b71 the following3 7,c7 its main line over which #bj or more tank cars loaded with petroleum crude oil1 ,class #c 7as described in section #agb4aja of title #di1 ,code of ,federal ,regulations7 are transported2 and 4 7e7 ,short line and regional railroad safety grants ,section #bjajh is amended by adding at the end the following3 7d7 ,short line and regional railroad safety initiative 7#a7 ,grants authorized ,the ,secretary may award grants to private or nonprofit organizations involved in1 or affiliated with1 transportation by ,class ,,ii or ,class ,,iii railroads4 7#b7 ,use of funds ,grant funds awarded under this subsection shall be used for research1 development1 testing1 evaluation1 and training efforts that are designed to enhance rail safety practices and safety culture4 7#c7 ,authorization of appropriations 7,a7 ,fiscal year #bjae ,there is authorized to be appropriated to the ,secretary #b1jjj1jjj for fiscal year #bjae for grants under this subsection4 7,b7 ,fiscal years #bjaf through #bjai ,there is authorized to be appropriated to the ,secretary such sums as may be necessary for each of the fiscal years #bjaf through #bjai for grants under this subsection4 7,c7 ,availability ,amounts appropriated under this paragraph shall remain available until expended4 4 7f7 ,accident analysis and mitigation ,with amounts appropriated under section #bjaag7;a7 of title #di1 ,united ,states ,code1 the ,secretary of ,transportation shall conduct accident analysis and mitigation research to examine-- 7#a7 how the safety risks of transporting energy products by rail changes from source to destination2 7#b7 the likelihood and consequences of accidents during pre-treatment1 classification1 loading1 transit1 and unloading2 7#c7 mitigation strategies to reduce identified risks throughout the supply chain1 including-- 7,a7 regulation and enforcement2 7,b7 more accurate classification methods2 7,c7 alternative routing2 7,d7 reduced speeds2 7,e7 improved braking2 7,f7 improved tank car crashworthiness2 and 7,g7 better informed emergency responders4 7g7 ,research on tank car safety ,with amounts appropriated under section #bjaag7;a7 of title #di1 ,united ,states ,code1 the ,secretary of ,transportation shall supplement research conducted by the ,pipeline and ,hazardous ,materials ,safety ,administration on the development of a ,liquefied ,natural ,gas bulk tank car and locomotive tender designs by conducting full-scale impact tests to assess performance1 puncture resistance1 and validate computer simulations4 #g4 ,amendments to the ,safety ,appliance ,law 7a7 ,moving defective and insecure vehicles needing repairs 7#a7 ,in general ,section #bjcjc is amended by adding at the end the following3 7d7 ,definition of nearest ,the term nearest means the closest in the forward direction of travel for the defective or insecure vehicle4 4 7#b7 ,technical amendments ,section #bjcjc7;a77#b7 is amended by striking clause 7#a7 of this subsection and inserting paragraph 7#a74 7b7 ,exemption for technological improvements ,section #bjcjf is amended-- 7#a7 in subsection 7b77#a71 by striking 2 or and inserting a semicolon2 7#b7 in subsection 7b77#b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#c7 a regulation promulgated under section #eec of title #e1 ,united ,states ,code4 4 #h4 ,amendments to the ,locomotive ,inspection ,law 7a7 ,requirements for use ,section #bjgja is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,a railroad carrier and indenting appropriately2 7#b7 in subsection 7a77#b71 as redesignated1 by striking 2 and and inserting a semicolon2 7#c7 in subsection 7a77#c71 as redesignated1 by striking the period and inserting 2 and2 7#d7 in subsection 7a71 as redesignated1 by adding at the end the following3 7#d7 are of a unique design or utilize a new power source technology that has been approved in advance by the ,secretary4 2 and 7#e7 by adding at the end the following3 7b7 ,definition of new power source technology ,for the purposes of subsection 7a77#d71 the term new power source technology means a technology that employs a source of motive power other than diesel fuel1 electricity1 or steam4 4 #i4 ,repair and replacement of damaged track inspection equipment 7a7 ,in general ,subchapter ,i of chapter #bja is amended by adding after section #bjabj the following3 #bjaba4 ,repair and replacement of damaged track inspection equipment ,the ,secretary of ,transportation may receive and expend cash1 or receive and utilize spare parts and similar items1 from non-,united ,states ,government sources to repair damages to or replace ,united ,states ,government owned automated track inspection cars and equipment as a result of third-party liability for such damages1 and any amounts collected under this section shall be credited directly to the ,railroad ,safety and ,operations account of the ,federal ,railroad ,administration1 and shall remain available until expended for the repair1 operation1 and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program4 4 7b7 ,conforming amendment ,the table of contents for subchapter ,i of chapter #bja is amended by adding after section #bajbj the following3 #bjaba4 ,repair and replacement of damaged track inspection equipment4 4 #aj4 ,commuter rail track inspections 7a7 ,in general ,subchapter ,,ii of chapter #bja1 as amended by section #d of this ,act1 is further amended by adding at the end the following3 #bjagb4 ,commuter rail track inspections 7a7 ,in general ,when performing an inspection as required under subpart ,f of part #bac of title #di1 ,code of ,federal ,regulations1 a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines 7as described in section #bac4bcc7;b77#c7 of title #di1 ,code of ,federal ,regulations7 shall1 at a minimum-- 7#a7 actually traverse each main line by vehicle or inspect each main line on foot at least once every #b weeks2 and 7#b7 actually traverse and inspect each siding by vehicle or by foot at least once every month4 7b7 ,construction ,nothing in this section shall be construed to limit the authority of the ,secretary to promulgate regulations or issue orders under other law4 4 7b7 ,conforming amendment ,the table of contents for subchapter ,,ii of chapter #bja1 as amended by section #d of this ,act1 is further amended by adding at the end the following3 #bjagb4 ,commuter rail track inspections4 4 #aa4 ,automated track geometry inspections 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall promulgate such regulations as the ,secretary considers necessary to require each railroad carrier to conduct at least #a annual automated track geometry inspection on all high-tonnage routes 7as defined by the ,secretary71 passenger train routes1 and hazardous materials routes on main line track that the railroad carrier owns or has been assigned maintenance responsibility under section #bac4e of title #di1 ,code of ,federal ,regulations4 7b7 ,exceptions ,in promulgating the regulations under subsection 7a71 the ,secretary of ,transportation may provide an exception for a railroad carrier that demonstrates1 to the ,secretary's satisfaction1 that its inspection practices provide an equivalent level of safety benefit4 7c7 ,construction ,nothing in this section shall be construed to limit the authority of the ,secretary to promulgate regulations or issue orders under other law4 #ab4 ,speed enforcement 7a7 ,automated train control inspections ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall promulgate regulations requiring each railroad carrier operating in automated train control territory to perform a regular inspection at each location that has a reduction of more than #bj miles per hour in the maximum authorized speed until the ,secretary has certified the railroad carrier's positive train control system under section #bjaeg7;h7 of title #di1 ,united ,states ,code4 7b7 ,signage ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall promulgate regulations requiring the installation of signs to warn train crews before they approach a location where there is a permanent reduction of more than #bj miles per hour in the maximum authorized speed4 7c7 ,report ,not later than #f months after the date of the enactment of this ,act1 the ,secretary of ,transportation shall transmit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing-- 7#a7 the actions the railroad carriers have taken in response to ,safety ,advisory #bjac-jh1 entitled ,operational ,tests and ,inspections for ,compliance ,with ,maximum ,authorized ,train ,speeds and ,other ,speed ,restrictions2 and 7#b7 the actions the ,federal ,railroad ,administration has taken to determine and ensure compliance with that safety advisory4 #ac4 ,unintentional movement ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall revise the regulations in section #bcb4ajc7n7 of title #di1 ,code of ,federal ,regulations1 relating to securement of unattended equipment1 to incorporate those requirements under ,federal ,railroad ,administration ,emergency ,order ,no4 #bh 7#gh ,fed4 ,reg4 #dhbah2 relating to establishing additional requirements for attendance and securement of certain freight trains and vehicles on mainline track or mainline siding outside of a yard or terminal7 to the extent the ,secretary considers practicable4 #ad4 ,rail safety oversight improvements 7a7 ,risk reduction implementation plan ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall develop and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives an implementation plan for the oversight of railroad safety risk reduction programs developed under section #bjaef of title #di1 ,united ,states ,code4 ,the plan shall contain-- 7#a7 interim milestones for finalizing any regulation required to implement section #bjaef of title #di1 ,united ,states ,code2 and 7#b7 estimated timeframes for the review and approval of railroad safety risk reduction program components required under section #bjaef7;d77#b7 of title #di1 ,united ,states ,code4 7b7 ,human capital plan 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall develop a long-range strategic human capital plan for the ,federal ,railroad ,administration4 ,the plan shall-- 7,a7 identify and prioritize the ,federal ,railroad ,administration's human capital needs over a minimum of #e years2 7,b7 align the human capital needs under subparagraph 7,a7 with the ,federal ,railroad ,administration's safety mission2 and 7,c7 include specific approaches for how the ,secretary will ensure that the ,federal ,railroad ,administration has enough inspectors to perform its current and future oversight work1 including the implementation of requirements for positive train control and railroad safety risk reduction programs4 7#b7 ,considerations ,in developing the plan1 the ,secretary shall consider-- 7,a7 whether the ,federal ,railroad ,administration's staffing allocation process is flexible enough to respond to shifts in rail traffic volumes and patterns across different regions2 and 7,b7 railroad industry trends1 projected retirements1 skill gaps1 and training needs4 7#c7 ,report ,not later than #cj days after the plan is complete1 the ,secretary shall transmit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that summarizes the contents of the plan and describes how the ,secretary will prioritize resources to mitigate the largest rail safety oversight risks and to prevent rail accidents4 #ae4 ,reports on statutory mandates and recommendations ,section #ajf of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjaja note7 is amended by striking ,not later than ,december #ca1 #bjjh1 and annually thereafter1 the ,secretary and inserting ,not later than #ij days after the date of enactment of the ,rail ,safety ,improvement ,act of #bjad1 and quarterly thereafter1 the ,administrator of the ,federal ,railroad ,administration4 #af4 ,operation deep dive2 report 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 and quarterly thereafter until the completion date1 the ,administrator of the ,federal ,railroad ,administration shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the progress of ,metro-,north ,commuter ,railroad in implementing the directives and recommendations issued by the ,federal ,railroad ,administration in its ,march #bjad report to ,congress1 ,operation ,deep ,dive ,metro-,north ,commuter ,railroad ,safety ,assessment4 ,not later than #cj days after the completion date1 the ,federal ,railroad ,administration shall submit a final report on the directives and recommendations to ,congress4 7b7 ,definition of completion date ,for purposes of this section1 the term completion date means the date that ,metro-,north ,commuter ,railroad has completed all of the directives and recommendations issued by the ,federal ,railroad ,administration in its ,march #bjad report to ,congress4 #ag4 ,use of certain reports and surveys 7a7 ,in general ,section #bjaai of title #di1 ,united ,states ,code1 is repealed4 7b7 ,conforming amendment ,the table of contents for title #di1 ,united ,states ,code1 is amended by striking the item relating to section #bjaai4 #ah4 ,authorization of appropriations2 miscellaneous 7a7 ,highway-,rail grade crossing safety study ,there are authorized to be appropriated to the ,secretary of ,transportation such sums as may be necessary to conduct a study of railroad operations that block highway-rail grade crossings1 including the severity1 frequency1 and other characteristics of such blockages1 to remain available until expended4 ,for the purpose of this subsection1 the term highway-rail grade crossing has the meaning given the term in section #bjaec7;a7 of title #di1 ,united ,states ,code4 7b7 ,train length study ,there are authorized to be appropriated to the ,secretary of ,transportation such sums as may be necessary to conduct a study of whether train length correlates with the severity and frequency of train derailments1 to remain available until expended4 7c7 ,operation lifesaver2 authorization of appropriations ,section #bjf7;c7 of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bbeja note7 is amended to read as follows3 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,federal ,railroad ,administration for carrying out this section #a1ejj1jjj for each of fiscal years #bjae through #bjbj4 4 #ai4 ,enforcement 7a7 ,safety sensitive violations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue a statement of agency policy-- 7#a7 defining the term safety sensitive violation for purposes of the amendments under subsection 7c72 and 7#b7 identifying in the penalty schedules those violations under chapter #bja1 chapters #bjc through #bji1 and chapter #baa of title #di1 ,united ,states ,code1 that meet the definition under paragraph 7#a7 of this subsection4 7b7 ,notice and comment ,the ,secretary of ,transportation may subject the statement of agency policy under subsection 7a7 to notice and comment1 as the ,secretary considers appropriate4 7c7 ,civil penalties increases 7#a7 ,chapter #bja general violations ,section #bacja7;a7 is amended-- 7,a7 by inserting 1 except that if the violation is a safety sensitive violation the amount of the penalty shall be at least #ac1jjj after #be1jjj2 7,b7 by striking #be1jjj and inserting #ejj1jjj2 7,c7 by striking the amount may be not more than #ajj1jjj and inserting the amount shall be at least #a1jjj1jjj2 and 7,d7 in paragraph 7#c71 by inserting 1 or #ac1jjj if the violation is a safety sensitive violation1 after #ejj4 7#b7 ,chapter #bja accident and incident violations2 chapters #bjc through #bji violations ,section #bacjb7;a77#b7 is amended-- 7,a7 by inserting 1 except that if the violation is a safety sensitive violation the amount of the penalty shall be at least #ac1jjj after 8#be1jjj02 7,b7 by striking #be1jjj and inserting #ejj1jjj2 and 7,c7 by striking the amount may be not more than #ajj1jjj and inserting the amount shall be at least #a1jjj1jjj4 7#c7 ,chapter #baa violations ,section #bacjc7;a77#b7 is amended-- 7,a7 by inserting 1 except that if the violation is a safety sensitive violation the amount of the penalty shall be at least #ac1jjj after #be1jjj2 7,b7 by striking #be1jjj and inserting #ejj1jjj2 and 7,c7 by striking the amount may be not more than #ajj1jjj and inserting the amount shall be at least #a1jjj1jjj4 7#d7 ,inflation adjustments2 statements of agency policy ,the ,secretary of ,transportation shall issue a statement of agency policy adjusting the penalty schedules for violations of chapter #bja1 chapters #bjc through #bji1 and chapter #baa of title #di1 ,united ,states ,code1 as necessary to account for inflation1 each time the ,secretary is required by law to review the minimum and maximum civil monetary penalty for inflation under the ,federal ,civil ,penalties ,inflation ,adjustment ,act of #aiij4 ,the ,secretary may subject the statement of agency policy to notice and comment1 as the ,secretary considers appropriate4 7d7 ,enforcement report ,section #bjabj7;a77#b7 is amended by inserting after prior fiscal year1 the following3 for both ordinary and safety-sensitive violations14 7e7 ,effective date ,the amendments under subparagraphs 7,a7 and 7,d7 of subsection 7c77#a71 under subsection 7c77#b77;,a71 and under subsection 7c77#c77;,a7 shall take effect on the date that is #ahj days after the date that the ,secretary of ,transportation defines the term safety sensitive violation under subsection 7a74 #bj4 ,confidential close call reporting systems 7a7 ,in general ,subchapter ,,ii of chapter #bja1 as amended by section #aj1 is further amended by adding at the end the following3 #bjagc4 ,confidential close call reporting systems 7a7 ,in general ,not later than #b years after the date of enactment of the ,rail ,safety ,improvement ,act of #bjad1 each applicable railroad carrier shall establish a confidential close call reporting system4 7b7 ,regulations ,not later than #a year after the ,rail ,safety ,improvement ,act of #bjad1 the ,secretary shall promulgate regulations setting forth the requirements for an applicable railroad carrier to follow in establishing a confidential close call reporting system program4 ,the ,secretary may use any information and experience gathered through research and pilot programs on confidential close call reporting systems in developing the regulations1 including continuing the use of third parties for the collection of close call reports and distribution of close call data4 ,the ,secretary shall ensure that an applicable railroad carrier's employees receive protection under its program from any related ,federal ,railroad ,administration enforcement actions4 7c7 ,program development and oversight 7#a7 ,in general ,not later than #ahj days after the date of the final regulations under subsection 7b71 an applicable railroad carrier shall develop a proposed program and submit it to the ,secretary for review and approval4 7#b7 ,contents ,a railroad carrier shall describe its proposed program's core principles and values1 explain the rights1 roles1 and responsibilities of program stakeholders1 identify concerns and interests1 and describe how the program will operate4 7#c7 ,review 7,a7 ,in general ,the ,secretary shall review and approve or disapprove each proposed program within a reasonable amount of time4 ,if a proposed program is not approved1 the ,secretary shall notify the applicable railroad carrier in writing as to the specific areas in which the proposed program is deficient4 ,the applicable railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice from the ,secretary4 7,b7 ,updates ,an applicable railroad carrier shall update its program as needed and obtain the ,secretary's approval prior to making any major changes to its program4 7,c7 ,annual reviews ,the ,secretary shall conduct an annual review to ensure that each applicable railroad carrier is in compliance with its program4 7d7 ,program elements ,each applicable railroad carrier shall-- 7#a7 provide a safe environment for its employees to report unsafe events and conditions2 7#b7 for unsafe events and conditions reported within the scope of a confidential close call reporting system1 ensure its employees are protected from railroad carrier discipline2 7#c7 use information collected through the confidential close call reporting system to develop and implement targeted corrective actions1 as appropriate2 and 7#d7 use information collected by the programs to supplement inspection data in identifying safety issues and emerging risks before they develop into accidents4 7e7 ,consensus 7#a7 ,in general ,each applicable railroad carrier shall consult with1 employ good faith with1 and use its best efforts to reach agreement with all of its directly affected employees1 including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier1 on the development and implementation of the proposed program4 7#b7 ,statements ,if an applicable railroad carrier and its directly affected employees1 including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier1 cannot reach consensus on the development and implementation of the proposed program1 then directly affected employees and such organization may file a statement with the ,secretary explaining their views on the proposed program on which consensus was not reached4 ,the ,secretary shall consider such views during review of the proposed program under subsection 7c77#c77;,a74 7f7 ,voluntary program establishment ,any railroad carrier that is not an applicable railroad carrier may voluntarily establish a program under this section4 ,this section1 and any regulations promulgated under this section1 shall apply to a program that is voluntarily established4 7g7 ,use of data ,the ,secretary may use the confidential close call reporting data-- 7#a7 when implementing or updating the ,federal ,railroad ,administration's ,national ,inspection ,plan2 7#b7 when performing focused inspections2 or 7#c7 when developing agency rulemakings and guidance1 as appropriate4 7h7 ,definition of applicable railroad carrier ,in this section1 the term applicable railroad carrier means-- 7#a7 a railroad carrier that is a ,class ,i railroad2 7#b7 a railroad carrier that has inadequate safety performance1 as determined by the ,secretary2 or 7#c7 a railroad carrier that provides intercity rail passenger or commuter rail passenger transportation4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary such sums as may be necessary to implement this section and support the nationwide implementation1 as the ,secretary determines appropriate1 of confidential close call reporting system programs4 4 7b7 ,conforming amendment ,the table of contents for subchapter ,,ii of chapter #bja1 as amended by section #aj of this ,act1 is further amended by adding at the end the following3 #bjagc4 ,confidential close call reporting systems4 4 #ba4 ,freight train crew size 7a7 ,in general ,subchapter ,,ii of chapter #bja1 as amended by section #bj of this ,act1 is further amended by adding at the end the following3 #bjagd4 ,freight train crew size 7a7 ,in general ,no freight train or light engine used in connection with the movement of freight may be operated unless it has a crew of at least #b individuals of which-- 7#a7 #a individual is certified as a locomotive operator under section #bjace2 and 7#b7 #a individual is certified as a train conductor under section #bjafc4 7b7 ,definition of light engine ,in this section1 the term light engine means a locomotive operating without cars attached or with caboose only4 4 7b7 ,conforming amendment ,the table of contents for subchapter ,,ii of chapter #bja1 as amended by section #bj of this ,act1 is further amended by adding at the end the following3 #bjagd4 ,freight train crew size4 4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 of this section shall take effect on the date that is #cj days after the date of enactment of the ,rail ,safety ,improvement ,act of #bjad4