,,ii #aaith ,,congress #b;d ,session ,s4 #cijc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bd1 #bjbf,mr4 ,husted 7for himself1 ,ms4 ,cantwell1 ,mr4 ,marshall1 ,mr4 ,schmitt1 ,ms4 ,baldwin1 ,ms4 ,klobuchar1 ,mr4 ,moreno1 and ,mr4 ,fetterman7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to enhance safety requirements for trains transporting hazardous materials1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,railway ,safety ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,rail ,safety,sec4 #aja4 ,definitions4,sec4 #ajb4 ,safety requirements for high-hazard trains4,sec4 #ajc4 ,ensuring the safety of long trains4,sec4 #ajd4 ,blocked highway-rail grade crossings4,sec4 #aje4 ,inspections4,sec4 #ajf4 ,emergency brake signals4,sec4 #ajg4 ,defect detection systems4,sec4 #ajh4 ,safe ,freight ,act of #bjbf4,sec4 #aji4 ,increased penalties for violations of rail safety regulations4,sec4 #aaj4 ,safer tank cars4,sec4 #aaa4 ,rail safety infrastructure research and development grants4,sec4 #aab4 ,authorization of appropriations for tank car research and development4,sec4 #aac4 ,federal ,railroad ,administration safety culture4,sec4 #aad4 ,,gao report on roadway worker protections4,sec4 #aae4 ,federal ,railroad ,administration safety workforce management4,sec4 #aaf4 ,office of ,personnel ,management review of safety inspector and specialist classifications4,sec4 #aag4 ,alcohol and drug testing4,,title ,,ii--,hazardous materials emergency response and preparedness,sec4 #bja4 ,hazardous materials registration fees4,sec4 #bjb4 ,virtual training options4,sec4 #bjc4 ,hazardous materials transportation emergency response and preparedness grants4,sec4 #bjd4 ,emergency response assistance4 ,i ,rail ,safety #aja4 ,definitions ,in this title3 7#a7 ,in general ,except as otherwise provided1 terms used in this title have the definitions given such terms in section #bjaee of title #di1 ,united ,states ,code1 as amended by section #ajb7;a74 7#b7 ,class ,i railroad ,the term ,class ,i railroad has the meaning given such term in section #bjajb7a7 of title #di1 ,united ,states ,code4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #ajb4 ,safety requirements for high-hazard trains 7a7 ,tank car safety requirements ,section #bjaee of title #di1 ,united ,states ,code1 is amended to read as follows3 #bjaee4 ,high-hazard trains 7a7 ,definitions ,in this section3 7#a7 ,explosives ,the term explosives means ,class #a explosives categorized in ,division #a4a1 #a4b1 or #a4c in section #agc4ej7;b7 of title #di1 ,code of ,federal ,regulations4 7#b7 ,flammable gas ,the term flammable gas has the meaning given such term in section #agc4aae7;a7 of title #di1 ,code of ,federal ,regulations4 7#c7 ,flammable liquid ,the term flammable liquid has the meaning given such term in section #agc4abj7;a7 of title #di1 ,code of ,federal ,regulations4 7#d7 ,hazardous material ,the term hazardous material means a substance or material designated by the ,secretary of ,transportation as hazardous pursuant to section #eajc7;a7 of this title4 7#e7 ,high-hazard train ,the term high-hazard train means a single train transporting1 throughout the train1 consisting of-- 7,a7 #bj or more tank cars loaded with a flammable liquid2 7,b7 #a or more tank cars or intermodal portable tanks loaded with a material toxic or poisonous by inhalation2 7,c7 #a or more cars loaded with high-level radioactive waste or spent nuclear fuel2 7,d7 #aj or more cars loaded with explosives2 7,e7 #e or more tank cars loaded with a flammable gas2 or 7,f7 #bj or more cars loaded with any combination of flammable liquids1 flammable gases1 or explosives4 7#f7 ,high-level radioactive waste2 spent nuclear fuel ,the terms high-level radioactive waste and spent nuclear fuel have the meanings given to a type ,b package and a fissile material package1 respectively1 in section #agc4djc of title #di1 ,code of ,federal ,regulations4 7#g7 ,material toxic or poisonous by inhalation ,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 #aga4h of title #di1 ,code of ,federal ,regulations4 7b7 ,rulemaking ,not later than #a year after the date of the enactment of the ,railway ,safety ,act of #bjbf1 the ,secretary1 in consultation with appropriate ,federal agencies1 shall issue regulations that-- 7#a7 rescind the requirements set forth in paragraphs 7#d7 and 7#e7 of section #agd4caj7;a7 of title #di1 ,code of ,federal ,regulations1 with respect to tank cars carrying hazardous materials other than ,class #c flammable liquids2 7#b7 revise the requirements set forth in section #agd4caj7;a77#b7 of title #di1 ,code of ,federal ,regulations-- 7,a7 to limit all trains to a maximum speed of #ej miles per hour2 and 7,b7 to limit high-hazard trains carrying #bj or more cars loaded with flammable liquids to a maximum speed of #dj miles per hour while that train travels within the limits of high-threat urban areas 7,h,t,u,as7 7as defined in #aehj4c of title #di1 ,code of ,federal ,regulations71 unless all tank cars containing a ,class #c flammable liquid meet or exceed the ,,dot specification #aag standards1 the ,,dot specification #aag,p performance standards1 or the ,,dot specification #aag,r retrofit standards set forth in subpart ,d of part #agi of title #di1 ,code of ,federal ,regulations1 including ,,dot-#aje;,a1 ,,dot-#aje;,h1 ,,dot-#aje;,j1 ,,dot-#aje,s1 ,,dot-#aab;,h1 ,,dot-#aab;,j1 ,,dot-#aab,s1 and ,,dot-#abj,s tank cars2 7#c7 require rail carriers operating high-hazard trains to comply with the requirements applicable to high-hazard flammable trains under section #agd4caj of title #di1 ,code of ,federal ,regulations2 7#d7 require any ,class ,i railroad transporting hazardous materials-- 7,a7 to generate accurate1 real-time1 and electronic train consist information1 including-- 7i7 the identity1 quantity1 and location of hazardous materials on a train2 7ii7 the point of origin and destination of the train2 7iii7 any emergency response information or resources required by the ,secretary2 and 7iv7 an emergency response point of contact designated by the ,class ,i railroad2 and 7,b7 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 7,a7 for each train transporting hazardous materials in the jurisdiction of the fusion center2 7#e7 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 commission1 ,tribal emergency response commission1 or other responsible ,state or ,tribal agency1 consistent with the notification content requirements under section #agd4cab of title #di1 ,code of ,federal ,regulations 7or a successor regulation71 including-- 7,a7 a reasonable estimate of the number of high-hazard trains that are expected to travel1 per week1 through each county within the applicable jurisdiction2 7,b7 updates to such estimate when making a change in volume of #be percent or more2 7,c7 a description of the hazardous materials being transported on such trains2 7,d7 applicable emergency response information1 as required by regulation2 7,e7 identification of the routes over which the hazardous materials on such trains will be transported2 and 7,f7 a point of contact at the ,class ,i railroad who-- 7i7 has knowledge of the railroads' transportation of hazardous materials2 and 7ii7 is responsible for serving as the point of contact for the ,state emergency response commission1 ,tribal emergency response commission1 or other ,state or ,tribal agency responsible for receiving such information2 7#f7 require each applicable ,state emergency response commission to provide to a political subdivision of a ,state1 or the public agency responsible for emergency response or law enforcement1 upon request of the political subdivision or public agency1 the information the commission receives from a ,class ,i railroad pursuant to paragraph 7#e71 including1 for any such political subdivision or public agency responsible for emergency response or law enforcement that makes an initial request for such information1 any updates received by the ,state emergency response commission2 7#g7 prohibit any ,class ,i railroad1 employee1 or agent from withholding1 or causing to be withheld1 the train consist information from first responders1 emergency response officials1 ,federal and ,state agencies1 and law enforcement personnel who are responding to an incident1 accident1 or public health or safety emergency involving the rail transportation of hazardous materials2 and 7#h7 establish security and confidentiality protections1 in coordination with the ,secretary of ,homeland ,security1 including protections from the public release of proprietary information or security sensitive information 7as defined in section #ae4e of title #di1 ,code of ,federal ,regulations71 to prevent the release to unauthorized persons any electronic train consist information or advanced notification or information provided by ,class ,i railroads under this section4 7c7 ,rule of construction ,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 responders1 emergency response officials1 and law enforcement personnel4 7d7 ,safety improvements ,not later than #a year after the date of the enactment of the ,railway ,safety ,act of #bjbf1 the ,secretary shall evaluate and update1 to the extent necessary for safety and in compliance with ,executive ,order #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review71 the operational requirements for high-hazard trains to ensure the safe transportation of hazardous materials by rail1 including-- 7#a7 preventing the placement of blocks of empty railcars in locations within the consist of the train that increase the chance or severity of a derailment2 and 7#b7 requirements for an adequate number of buffer cars between a locomotive or railcar and tank cars transporting hazardous materials4 7e7 ,hazardous materials emergency response plans 7#a7 ,plan contents ,the ,secretary shall promulgate regulations1 in compliance with ,executive ,order #abhff1 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 ,plan4 ,such plans shall include-- 7,a7 consideration of potential hazardous materials release for material toxic or poisonous by inhalation that the railroad is transporting2 7,b7 identification of the railroad's hazardous materials response teams that can quickly respond to a release or potential release within a reasonable amount of time2 7,c7 identification of the equipment and resources available to the hazardous materials response teams2 7,d7 organizational charts for the hazardous materials response teams2 and 7,e7 plans to facilitate hazardous materials release liability claims4 7#b7 ,coordination ,railroads shall coordinate with relevant ,states and ,tribes when creating the plans required under paragraph 7#a74 7#c7 ,triennial review ,not later than #a year after a ,class ,i railroad submits a hazardous materials emergency response plan pursuant to paragraph 7#a71 and on a triennial basis thereafter1 the ,secretary shall review such plan4 ,if the ,secretary identifies deficiencies during such review1 the ,secretary shall describe the nature of any deficiencies and allow for correction4 7#d7 ,verification ,the ,secretary shall periodically audit a railroad's hazardous materials emergency response plan4 4 7b7 ,clerical amendment ,the analysis in chapter #bja of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #bjaee and inserting the following3 #bjaee4 ,high-hazard trains4 4 #ajc4 ,ensuring the safety of long trains 7a7 ,reviewing and updating safety regulations ,not later than one year after the date of the enactment of this ,act1 the ,secretary shall-- 7#a7 evaluate any safety concerns identified in the ,comptroller ,general's report titled ,freight ,trains ,are ,getting ,longer1 and ,additional ,information ,is ,needed to ,assess ,their ,impact 7,,gao-#ai-ddc7 and in the report required under section #bbdbb7;d7 of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba 7title ,,ii of division ,b of ,public ,law #aag-eh72 and 7#b7 if the ,secretary considers it necessary for safety and compliance with ,executive ,order #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review71 address such concerns by updating existing safety regulations to ensure the safe transportation of goods and passengers by rail1 taking into account the impact that train length and weight have on the safe transportation of high-hazard trains4 7b7 ,report ,not later than #c years after the date of the enactment of this ,act1 if the ,secretary has not updated any regulation under subsection 7a71 the ,secretary 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 that justifies such inaction4 7c7 ,reporting requirement 7#a7 ,in general ,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 incident4 7#b7 ,publication ,the ,administrator of the ,federal ,railroad ,administration shall publish on its ,rail ,safety ,data website a summary of all reportable incidents and accidents1 categorized by train length and weight4 #ajd4 ,blocked highway-rail grade crossings 7a7 ,study ,the ,secretary shall seek to enter into an agreement with the ,president of the ,national ,academy of ,sciences under which the ,president of the ,national ,academy shall-- 7#a7 conduct a study of #bj most frequently blocked highway-rail grade crossings in not fewer than #aj different ,states1 as determined by the ,secretary based on-- 7,a7 ,federal ,railroad ,administration data2 7,b7 the work experience of the ,office of ,railroad ,safety's ,grade ,crossing and ,trespasser ,outreach ,division2 7,c7 data from the blocked highway-rail grade crossing portal2 and 7,d7 geographic diversity2 and 7#b7 provide recommendations to the ,secretary for solutions in preventing or reducing occurrences or repeated occurrences where highway-rail grade crossings are blocked for extended periods4 7b7 ,members ,in establishing the membership to conduct the study described in subsection 7a77#a71 the ,president of the ,national ,academy of ,sciences shall appoint not fewer than #c members of the ,national ,academy who-- 7#a7 are engineering or rail experts2 7#b7 are not railroad carriers1 or entities funded by railroad carriers2 7#c7 have relevant experience in railroad safety technology or railroad operating experience2 and 7#d7 have no financial ties to the rail industry4 7c7 ,elements ,the study conducted pursuant to subsection 7a77#a7 shall-- 7#a7 examine any potential impacts to railroad and community safety due to blocked highway-rail grade crossings2 7#b7 identify potential financial impacts incurred by the railroad or its customers due to blocked crossings2 7#c7 identify potential freight network efficiency impacts due to solutions that will reduce or eliminate the impacts of blocked crossings2 7#d7 examine community impacts that result from blocked crossings2 7#e7 examine causes for blocked crossings2 and 7#f7 identify practical solutions to prevent blocked crossings4 7d7 ,report ,not later than #b years after the date of the enactment of this ,act1 the ,secretary shall submit 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 contains the results of the study conducted by the ,national ,academy of ,sciences pursuant to this section4 7e7 ,funding ,from the amounts appropriated for fiscal year #bjbd to carry out section #bjajh of title #di1 ,united ,states ,code1 that remain unobligated1 the ,secretary shall expend such sums as may be necessary1 but not more than #b1jjj1jjj1 to carry out the study required under this section4 7f7 ,railroad ,crossing ,elimination ,program ,section #bbiji of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7f77#b77;,c7-- 7,a7 in clause 7i71 by striking 2 or and inserting a semicolon2 7,b7 in clause 7ii71 by striking the semicolon and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 a bus route to a school or within #a mile of a school2 2 and 7#b7 in subsection 7g7-- 7,a7 by striking ,except and inserting the following3 7#a7 ,in general ,except 2 and 7,b7 by adding at the end the following3 7#b7 ,certain bus routes ,the ,federal share of the cost of a project given additional consideration under subsection 7f77#b77;,c77iii7 may not exceed #he percent4 4 7g7 ,railroad point of contact for blocked crossings 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 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 crossings4 7#b7 ,use of existing number ,a railroad carrier may comply with the requirement under subsection 7a7 by using the telephone number that is being used to comply with section #bjaeb7;a77#a7 of title #di1 ,united ,states ,code4 7#c7 ,publicly available ,each railroad carrier subject to this subsection shall notify the ,secretary of the telephone number referred to in paragraph 7#a7 or 7#b71 who shall post such number on a publicly available website of the ,department of ,transportation4 7#d7 ,waiver ,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 unnecessary4 #aje4 ,inspections 7a7 ,time available for inspection 7#a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjagb4 ,time available for inspection 7a7 ,in general ,no railroad may limit the time required for an employee to complete a railcar1 locomotive1 or brake inspection to ensure that each railcar1 locomotive1 and brake system complies with safety laws and regulations4 7b7 ,requirement ,employees shall perform their inspection duties promptly and shall not delay other than for reasons related to safety4 4 7#b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjagb4 ,time available for inspection4 4 7b7 ,pre-,departure railcar inspections ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary shall amend the pre-departure inspection requirements for ,class ,i railroads under part #bae of title #di1 ,code of ,federal ,regulations 7as written on such date of enactment7-- 7#a7 to ensure that after initial consultation with the ,federal ,railroad ,administration1 and after each subsequent annual consultation1 each railroad identifies inspection locations and1 at such locations1 has inspectors designated under section #bae4aa available for the purpose of inspecting freight cars2 7#b7 to ensure that all freight cars are inspected by an inspector designated under section #bae4aa at a designated inspection location in the direction of travel as soon as practicable2 and 7#c7 to require each railroad that operates railroad freight cars to which such part #bae applies to designate persons qualified to inspect railroad freight railcars1 subject to any existing collective bargaining agreement1 for compliance and determinations required under such part4 7c7 ,periodic railcar inspections 7#a7 ,freight car periodic inspections ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall issue regulations amending part #bae of title #di1 ,code of ,federal ,regulations to create minimum requirements for the periodic inspection of freight cars4 7#b7 ,requirements ,the regulations issued pursuant to paragraph 7#a7 shall-- 7,a7 consider the periodic inspection requirements applicable to locomotives under part #bbi of title #di1 ,code of ,federal ,regulations1 and to passenger cars under part #bch of such title2 7,b7 establish inspection intervals and criteria1 taking into account differences in the utilization and service to which freight cars are put and other factors as appropriate1 including ownership of the cars1 provided that-- 7i7 initial inspections shall be performed within a reasonable period1 as determined by the ,secretary1 which period shall not be shorter than #f years after the issuance of regulations pursuant to paragraph 7#a72 7ii7 after the initial inspections required under clause 7i71 periodic inspections shall be required not more frequently than once every #e years2 and 7iii7 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 subsection1 or if the freight car is not on a ,class ,i railroad1 the freight car may be moved to the next forward location suitable for safely performing the inspection on a ,class ,i railroad2 7,c7 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 #di1 ,code of ,federal ,regulations2 7,d7 ensure that periodic inspections are performed only where adequate facilities are available for safely inspecting all components of freight cars2 and 7,e7 require that ,class ,i railroads use inspectors designated under section #bae of title #di1 ,code of ,federal ,regulations1 to perform periodic inspections pursuant to this subsection and that their primary responsibility is the inspection1 testing1 maintenance1 or repair of freight cars or their components4 7d7 ,qualified locomotive inspections ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall review and amend1 as necessary1 regulations under chapters #bbi and #bdc of title #di1 ,code of ,federal ,regulations-- 7#a7 to ensure appropriate training qualifications and proficiency of employees1 including qualified mechanical inspectors1 performing locomotive inspections2 and 7#b7 for locomotives in service on a ,class ,i railroad1 to require an additional daily inspection to be performed by a qualified mechanical inspector between the current intervals under section #bbi4bc7;b77#b7 of title #di1 ,code of ,federal ,regulations4 7e7 ,audits 7#a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall initiate audits of ,federal railcar1 locomotive1 and train brake system inspection compliance with chapter ,,ii of subtitle ,b of title #di1 ,code of ,federal ,regulations1 which-- 7,a7 consider whether the railroad has in place procedures necessary for railcar1 locomotive1 and train brake system inspection compliance under such chapter2 7,b7 assess the type1 content1 and adequacy of training and performance metrics the railroad provides employees who perform railcar1 locomotive1 and train brake system inspections1 including the qualifications specified for such employees2 7,c7 determine whether the railroad has practices that would interfere with an employee's responsibility to perform an inspection safely2 7,d7 determine whether railcars1 locomotives1 and train brake systems are inspected on the railroad's network in accordance with such chapter2 7,e7 involve proper communication of identified defects to railroad personnel and make appropriate use of remedial action reports to verify that repairs are made2 7,f7 determine whether managers coerce employees to sign off on any documents verifying an inspection or repair of a railcar1 locomotive1 or train brake system2 7,g7 determine whether the railroad's inspection procedures reflect the current operating practices of the railroad carrier2 and 7,h7 ensure that railroad inspection procedures only provide for the use of persons permitted to perform each relevant inspection under such chapter4 7#b7 ,audit scheduling ,the ,secretary may-- 7,a7 schedule the audits required under paragraph 7#a7 to ensure that-- 7i7 every ,class ,i railroad is audited not less frequently than once every #e years2 and 7ii7 a limited number1 as determined by the ,secretary1 of ,class ,,ii and ,class ,,iii railroads are audited annually1 provided that-- 7,i7 no audit of a tourist1 scenic1 historic1 or excursion operation may be required under this subsection2 and 7,,ii7 no other ,class ,,ii or ,,iii railroad may be audited more frequently than once every #e years2 and 7,b7 conduct the audits described in subparagraph 7,a77ii7 in accordance with-- 7i7 the ,small ,business ,regulatory ,enforcement ,fairness ,act of #aiif 7#e ,u4,s4,c4 #fja note72 and 7ii7 appendix ,c of part #bji of title #di1 ,code of ,federal ,regulations4 7#c7 ,updates to inspection program and procedures ,if1 during an audit required under this subsection1 the auditor identifies a deficiency in a railroad's procedures or practices necessary to ensure compliance with chapter ,,ii of subtitle ,b of title #di1 ,code of ,federal ,regulations1 the railroad shall eliminate such deficiency1 after first being provided the opportunity to address whether such a deficiency exists4 7#d7 ,consultation and cooperation 7,a7 ,consultation ,in conducting any audit required under this subsection1 the ,secretary shall consult with the railroad being audited and its employees1 including any nonprofit employee labor organization representing the employees of the railroad that conduct railcar1 locomotive1 or train brake system inspections4 7,b7 ,cooperation ,the railroad being audited and its employees1 including any nonprofit employee labor organization representing mechanical employees1 shall fully cooperate with any audit conducted pursuant to this subsection-- 7i7 by providing any relevant documents requested2 and 7ii7 by making available any employees for interview without undue delay or obstruction4 7,c7 ,failure to cooperate ,if the ,secretary determines that a railroad or any of its employees1 including any nonprofit employee labor organization representing mechanical employees of the railroad is not fully cooperating with an audit conducted pursuant to this subsection1 the ,secretary shall electronically notify the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives of such noncooperation4 7f7 ,review of regulations ,not later than #e years after the date of the enactment of this ,act1 and periodically thereafter1 the ,secretary shall determine whether any update to chapters ,i and ,,ii of subtitle ,b of title #di1 ,code of ,federal ,regulations1 is necessary to ensure the adequacy of railcar1 locomotive1 and train brake system inspections4 7g7 ,annual report ,the ,secretary shall publish an annual report on the public website of the ,federal ,railroad ,administration that-- 7#a7 summarizes the findings of the audits conducted pursuant to subsection 7e7 during the most recently concluded fiscal year2 7#b7 summarizes any updates made to chapter ,i or ,,ii of subtitle ,b of title #di1 ,code of ,federal ,regulations1 pursuant to this section2 and 7#c7 excludes any confidential business information or sensitive security information4 7h7 ,rule of construction ,nothing in this section may be construed-- 7#a7 to provide the ,secretary with any authority to interpret1 revise1 alter1 or apply a collectively bargained agreement1 nor any authority over collective bargaining1 collectively bargained agreements1 or any aspect of the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq472 7#b7 to alter the terms or interpretations of existing collective bargaining agreements2 or 7#c7 to abridge any procedural rights or remedies provided under a collectively bargained agreement4 #ajf4 ,emergency brake signals 7a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 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 signals4 7b7 ,purpose ,the ,railroad ,safety ,advisory ,committee shall consider-- 7#a7 the sufficiency of the regulations under part #bcb of title #di1 ,code of ,federal ,regulations1 with regard to end-of-train and head-of-train device communications2 7#b7 whether ,national ,transportation ,safety ,board ,safety ,recommendations ,r-#bj-jbh and ,r-#bj-jbi have been adequately addressed2 7#c7 whether more frequent communication checks between a head-of-train device and an end-of-train device would improve rail safety2 and 7#d7 whether repetition of the emergency brake signal transmission until it is received by the end-of-train device would improve rail safety4 7c7 ,recommendations and work plan ,not later than #ij days after the meeting is convened pursuant to subsection 7a71 a working group of the ,railroad ,safety ,advisory ,committee should-- 7#a7 develop initial recommendations with respect to the matters considered under subsection 7b72 and 7#b7 complete a work plan for implementing such recommendations4 #ajg4 ,defect detection systems 7a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by section #aje7;a77#a71 is further amended by adding at the end the following3 #bjagc4 ,defect detection systems 7a7 ,definitions ,in this section3 7#a7 ,defect detection system ,the term defect detection system means the use of defect detectors1 the analysis of the data defect detectors produce1 and any other aspects a system that help railroads identify and understand the severity of known safety conditions4 7#b7 ,defect detector ,the term defect detector means any device or equipment situated within the rail system that can detect and communicate a potential or known safety condition4 7#c7 ,high-hazard train ,the term high-hazard train has the meaning given such term in section #bjaee7;a77#e74 7#d7 ,main line ,the term main line means-- 7,a7 a segment or route of railroad tracks-- 7i7 over which #e1jjj1jjj or more gross tons of railroad traffic is transported annually2 and 7ii7 that has a maximum authorized speed for freight trains in excess of #be miles per hour2 and 7,b7 intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which high-hazard trains operate4 7#e7 ,physical characteristics ,the term physical characteristics means the physical terrain and operating considerations related to the physical terrain for the relevant main line4 7b7 ,defect ,detector ,analysis ,program ,the ,secretary shall develop a program for the research1 development1 testing1 and evaluation of defect detector systems to inform and support the rulemaking required under subsection 7d7 and the evaluation of plans under subsection 7c71 which shall include-- 7#a7 an evaluation of existing manufacturer recommended practices1 industry-developed voluntary consensus technical standards1 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 system1 including standards relating to-- 7,a7 maintenance2 7,b7 testing2 7,c7 inspection2 and 7,d7 installation2 7#b7 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 actions2 7#c7 an evaluation of existing processes and procedures for decision-making and communication of appropriate safety actions necessary to address unsafe equipment or operations1 including-- 7,a7 stoppage of rail equipment2 7,b7 setting out rail equipment2 7,c7 train speed reduction2 7,d7 diverting a train2 and 7,e7 inspection requirements2 7#d7 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 7c72 and 7#e7 research to understand new or developing technologies4 7c7 ,plan elements 7#a7 ,risk-based ,each defect detection system plan required under the final rule issued pursuant to subsection 7d7 shall be risk-based4 7#b7 ,contents ,each plan referred to in paragraph 7#a7 shall include-- 7,a7 a summary of the railroad's proposed defect detector network1 including-- 7i7 how the network will reduce the risk of incidents near population centers and on high-hazard train routes2 and 7ii7 a description of how the network will be implemented by the deadline set forth in subsection 7d77#a77;,b72 and 7,b7 a description of how the railroad's defect detection system meets or exceeds the defect detection performance standards established pursuant to subsection 7d77#a77;,d72 7,c7 except as provided in paragraph 7#c71 a risk-based approach for identifying overheated wheel bearings that require the placement of the types and spacing of defect detectors-- 7i7 for main lines traveling within an urbanized area with a population of at least #ge1jjj1 at a distance that provides for any train operating along the railroad's route to undergo detection not less than #aj miles before entering such an area2 7ii7 for main lines not equipped with acoustic bearing detectors or other similar technology1 at a distance averaging #ae route miles to the extent possible based on the physical characteristics of the route2 and 7iii7 for main lines equipped with acoustic bearing detectors or other similar technology1 at a distance averaging #bj route miles to the extent possible based on the physical characteristics of the route along which such detectors are being installed2 7,d7 the types and spacing of other wayside defect detectors required to be placed1 to the extent such detectors are utilized2 7,e7 the manufacturer's expected performance for each type of defect detector and how the carrier will assess compliance with such performance2 7,f7 procedures for promptly providing pertinent safety alerts to train employees1 including locomotive engineers and conductors1 train dispatchers1 and relevant maintenance employees2 7,g7 the ability to share relevant safety data from the defect detector network with other railroad carriers and with railcar owners2 7,h7 policies and procedures for training employees regarding relevant elements of the defect detector system1 including-- 7i7 persons whose duties include installing1 maintaining1 repairing1 modifying1 inspecting1 reviewing data1 and testing safety-critical elements of the railroad's defect detector1 including central office1 wayside1 or onboard subsystems2 7ii7 persons who receive and review defect detector alerts2 and 7iii7 persons who operate trains or serve as a train or engine crew member2 7,i7 policies for maintaining records regarding the required elements of the rail defect detector network for not less than #e years1 which shall not include data on individual alerts2 and 7,j7 designs for the collection and analysis of applicable alerts1 thresholds1 and corresponding safety actions4 7#c7 ,alternative hot bearing detection plan 7,a7 ,submission ,a rail carrier may comply with an alternative hot bearing detection plan instead of the requirements described in paragraph 7#b77;,c7 if-- 7i7 the rail carrier submits such plan to the ,secretary and the ,secretary approves the plan2 and 7ii7 the plan provides an equivalent or higher level of safety as the requirements described in paragraph 7#b77;,c74 7,b7 ,triennial reviews ,not less frequently than triennially1 the ,secretary shall review each alternative plan approved pursuant to subparagraph 7,a7 to determine its continuing effectiveness at detecting bearing-related defects4 7d7 ,rulemaking 7#a7 ,in general ,not later than #a year after the date of the enactment of the ,railway ,safety ,act of #bjbf1 the ,secretary shall initiate a rulemaking1 and not later than #b years after such date of enactment1 the ,secretary shall issue a final rule1 in compliance with ,executive ,order #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review71 that-- 7,a7 requires ,class ,i railroads to submit1 not later than #a year after the issuance of such final rule1 defect detector network plans that include the elements described in subsection 7c77#b72 7,b7 requires the ,class ,i railroads to implement the plan required under subparagraph 7,a7 not later than #c years after the issuance of such final rule2 7,c7 creates procedures to review1 approve1 and monitor compliance of such plans2 7,d7 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 incident1 including how such ability will be measured and reported for data related to requirements2 7,e7 requires the reporting of data regarding the defect defector network effectiveness1 including defect detector failures2 7,f7 creates requirements for ,class ,i railroads to test1 inspect1 and maintain any defect detector based on the evaluation completed pursuant to subsection 7b77#a72 and 7,g7 establish appropriate thresholds for alerts and corresponding safety actions1 to the extent necessary4 7#b7 ,updated standards ,the performance standards established pursuant to paragraph 7#a77;,d7 shall be updated not less frequently than once every #e years4 7e7 ,updates and approvals 7#a7 ,updates ,each entity subject to the mandate in subsection 7a7 shall update the plans required under subsection 7d77#a77;,a7-- 7,a7 to reflect material changes to its railcar defect detector network2 or 7,b7 to address changes made to the performance standards pursuant to subsection 7d77#b74 7#b7 ,approvals ,to ensure safety1 the ,secretary shall promptly review each plan submitted pursuant to subsection 7d77#a77;,a71 against the performance standards established pursuant to subsection 7d77#a77;,d71 and approve or reject each such plan4 7#c7 ,reviews for compliance ,not less frequently than biannually1 the ,secretary shall conduct reviews to ensure that ,class ,i railroads are complying with the plans required under paragraph 7#a74 7#d7 ,public availability ,not later than #fj days after receipt1 the ,secretary shall make available to the public on the website of the ,department of ,transportation any plan or update submitted pursuant to this section1 but the ,secretary shall redact-- 7,a7 proprietary information1 as verified by the ,secretary2 and 7,b7 security-sensitive information1 including information described in section #aebj4e7;a7 of title #di1 ,code of ,federal ,regulations 7or successor regulation71 as verified by the ,secretary4 7f7 ,enforcement ,the ,secretary may assess a civil penalty under chapter #bac of this title for a violation of a rule promulgated pursuant to subsection 7d7 for-- 7#a7 each accident or incident on a route where the railroad is noncompliant with the plan approved under subsection 7e77#b72 and 7#b7 failing to take any corresponding safety action to an alert as set forth in the approved plan pursuant to subsection 7c77#b77;,j74 7g7 ,preservation of authority ,nothing in this section may be construed to restrict the authority of the ,secretary4 4 7b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by section #aje7;a77#b71 is further amended by adding at the end the following3 #bjagc4 ,defect detection systems4 4 7c7 ,temporary defect detection assistance 7#a7 ,formula grant program ,the ,administrator of the ,federal ,railroad ,administration shall establish a formula grant program to assist commuter railroads with installing defect detection technology4 7#b7 ,eligible entities ,a commuter railroad that has a contract with a ,class ,i railroad1 as of ,may #a1 #bjbf1 that requires the commuter railroad to install defect detection technology that complies with the approved plan submitted pursuant to section #bjagc of title #di1 ,united ,states ,code1 as added by subsection 7a71 is eligible to receive a grant under this subsection4 7#c7 ,formula ,grant funding under this subsection shall be allocated based on the number of defect detectors required to be installed to comply with section #bjagc of title #di1 ,united ,states ,code4 7#d7 ,requirements ,any eligible entity that receives grant funding under this subsection shall comply with the grant conditions set forth in section #bbiji7;j7 of title #di1 ,united ,states ,code4 7#e7 ,authorization of appropriations ,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 subsection4 #ajh4 ,safe ,freight ,act of #bjbf 7a7 ,short title ,this section may be cited as the ,safe ,freight ,act of #bjbf4 7b7 ,freight train crew size ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by inserting after section #bjaec the following3 #bjaed4 ,freight train crew size safety standards 7a7 ,minimum crew size ,except as provided in subsections 7b7 and 7c71 a freight train operated by a ,class ,i railroad may not be operated without a #b-person crew consisting of at least #a appropriately qualified and certified conductor and #a appropriately qualified and certified locomotive engineer4 7b7 ,exceptions 7#a7 ,in general ,except as provided in paragraph 7#b71 the requirement under subsection 7a7 shall not apply with respect to-- 7,a7 train operations on track that is not a main line 7as defined in section #bjagc7;a77#b772 7,b7 locomotives performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain1 including traveling to or from the location where assistance is provided2 7,c7 locomotives that-- 7i7 are not attached to any equipment or are attached only to a caboose2 and 7ii7 do not travel farther than #ej miles from the point of origin of such locomotive2 and 7,d7 train operations staffed with fewer than a #b-person crew at least #a year before the date of the enactment of the ,safe ,freight ,act of #bjbf1 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 7a74 7#b7 ,trains ineligible for exception ,the exceptions under paragraph 7#b7 may not be applied to-- 7,a7 a high-hazard train 7as defined in section #bjaee7;a772 or 7,b7 a train consist with a total length of not less than #g1ejj feet4 7c7 ,waiver ,a railroad carrier may seek a waiver of the requirements under subsection 7a7 in accordance with section #bjajc7;d74 7d7 ,preservation of authority ,nothing in this section may be construed to restrict the authority of the ,secretary4 4 7c7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #bjaec the following3 #bjaed4 ,freight train crew size safety standards4 4 #aji4 ,increased penalties for violations of rail safety regulations 7a7 ,railroad safety violations ,section #bacja7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,a person may not fail to comply with a requirement of1 a regulation prescribed under1 or an order issued by the ,secretary under chapters #bja through #baa4 ,subject to section #bacjd1 a person violating a requirement of1 a regulation prescribed under1 or an order issued by the ,secretary under chapters #bja through #baa is liable to the ,united ,states ,government for a civil penalty4 ,an act by an individual that causes a railroad carrier to be in violation constitutes a violation of this paragraph4 ,a separate violation occurs for each day such violation continues4 7#b7 ,the ,secretary shall include in1 or make applicable to1 each requirement of1 regulation prescribed under1 and order issued under chapters #bja through #baa a civil penalty for a violation of such requirement1 regulation1 or order in an amount equal to-- 7,a7 not less than #e1jjj and not more than #a1jjj1jjj2 or 7,b7 if the person committing such violation is a small business concern 7as such term is used in part #aba of title #ac1 ,code of ,federal ,regulations 7or a successor regulation771 including a ,class ,,iii railroad1 not less than #a1jjj and not more than #bjj1jjj4 2 7#b7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#e7 and 7#f71 respectively2 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,if a violation described in paragraph 7#a7 results in death1 serious illness1 or severe injury to any person1 causes an imminent hazard of death or injury1 or results in the substantial destruction of property1 the ,secretary may increase the civil penalty required under paragraph 7#b7 to-- 7,a7 a maximum of #e1jjj1jjj2 or 7,b7 if the person committing such violation is a small business concern 7as such term is used in part #aba of title #ac1 ,code of ,federal ,regulations 7or a successor regulation771 a maximum of #ejj1jjj4 7#d7 ,the ,secretary may double the civil penalty otherwise required under paragraph 7#b7 or 7#c7 if the violation follows a pattern of repeated violations or otherwise reflects a deliberate indifference or conscious disregard to the consequences of the conduct4 2 and 7#d7 in paragraph 7#f71 as redesignted by paragraph 7#b71 by adding at the end ,such civil action may be brought in the judicial district in which the violation occurred or in which the defendant has its principal executive office4 ,if the civil action is against an individual1 the action may also be brought in the judicial district in which such individual resides44 7b7 ,hours of service violations ,section #bacja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,additional provisions related to violations of chapter #baa 7#a7 ,in any proceeding involving a violation of chapter #baa1 or a violation of a regulation or order issued pursuant to such chapter1 a railroad carrier is deemed to have knowledge of the acts of its officers and agents4 7#b7 ,a civil action involving a violation of chapter #baa1 or a violation of a regulation or order issued pursuant to such chapter1 shall be brought in an appropriate district court of the ,united ,states not later than-- 7,a7 #b years after the date of such violation2 or 7,b7 if the person committing the violation received notice under section #cgaa of title #ca prior to the date described in subparagraph 7,a71 the last day of the #e-year period specified in section #bdfb of title #bh4 7#c7 ,a separate violation of section #baajf occurs for each day employee sleeping quarters are not in compliance with the requirements under such section4 7#d7 ,notwithstanding any other provision of law1 including the ,federal ,civil ,penalties ,inflation ,adjustment ,act of #aiij 7#bh ,u4,s4,c4 #bdfa note71 the inflation adjustment-- 7,a7 for minimum penalty amounts amended by this section1 and any discretionary inflation adjustment of guideline penalty amounts by the ,secretary1 shall be rounded to the nearest multiple of #ajj2 and 7,b7 for maximum penalty amounts amended by this section1 shall be rounded to the nearest multiple of #a1jjj4 4 7c7 ,repeal 7#a7 ,in general ,chapter #bac of title #di1 ,united ,states ,code1 is amended by striking sections #bacjb and #bacjc4 7#b7 ,clerical amendment ,the analysis for chapter #bac of title #di1 ,united ,states ,code1 is amended by striking the items relating to sections #bacjb and #bacjc4 #aaj4 ,safer tank cars 7a7 ,class #c flammable liquids phase-,out schedule ,beginning on ,december #ca1 #bjbg1 no railroad tank car1 regardless of its construction date1 may be used to transport ,class #c flammable liquids in packing groups ,,ii and ,,iii 7other than ,class #c flammable liquids listed in paragraphs 7#a7 and 7#b7 of section #gcjd7;b7 of the ,hazardous ,materials ,transportation ,safety ,improvement ,act of #bjae 7#di ,u4,s4,c4 #bjaee note771 regardless of the composition of the train consist1 unless such tank car meets or exceeds the ,,dot-#aag1 ,,dot-#aag,p1 or ,,dot-#aag,r specifications 7as in effect on the date of the enactment of this ,act71 including ,,dot-#aje;,a1 ,,dot-#aje;,h1 ,,dot-#aje;,j1 ,,dot-#aje,s1 ,,dot-#aab;,h1 ,,dot-#aab,s1 ,,dot-#aab;,j1 ,,dot-#abj;,j1 and ,,dot-#abj,s tank cars4 7b7 ,conforming regulatory amendments 7#a7 ,in general ,the ,secretary-- 7,a7 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 7a72 and 7,b7 may not enforce any date-specific deadline or requirement that is inconsistent with the requirement under subsection 7a74 7#b7 ,rule of construction ,except as required under paragraph 7#a71 nothing in this section may be construed to require the ,secretary to issue regulations to implement this section4 7c7 ,amending the phase-,out date ,if the ,secretary1 based on the data contained in the report issued pursuant to subsection 7d71 determines that the phase-out date under subsection 7a7 cannot be met due to insufficient manufacturing capacity or would otherwise result in significant impacts to interstate commerce1 the ,secretary shall delay the phase-out scheduled under subsection 7a7 to ,december #ca1 #bjbh4 7d7 ,,gao review ,not later than #ah months after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall issue a report to the ,secretary1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that-- 7#a7 identifies the manufacturing capacity of tank car manufacturers in ,north ,america1 that manufacture tank cars to meet ,,dot-#aag and ,,dot-#aag,p specification requirements2 7#b7 identifies the retrofit capacity of tank car manufacturers and other entities in ,north ,america that can retrofit ,,dot-#aaa tank cars to meet ,,dot-#aag,r specification requirements2 7#c7 estimates the schedule of replacing tank cars currently in service that are reaching the end of their life cycle2 7#d7 identifies the number of tank cars that need to be phased out or retrofitted under subsection 7a7 and the number that could be retrofitted2 and 7#e7 estimates the demand for new tank cars4 #aaa4 ,rail safety infrastructure research and development grants 7a7 ,research requirement ,the ,administrator of the ,federal ,railroad ,administration shall award grants to eligible recipients described in section #bbijg7;b7 of title #di1 ,united ,states1 in accordance with the restrictions and limitation on eligibility described in such section1 for research and development of defect detectors and the prevention of derailments of trains transporting hazardous materials4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,federal ,railroad ,administration #be1jjj1jjj1 which shall be used for the grants authorized under subsection 7a7 and shall remain available until expended4 #aab4 ,authorization of appropriations for tank car research and development ,there is authorized to be appropriated to the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration1 #e1jjj1jjj1 which shall be used for expenses relating to the development of-- 7#a7 stronger1 safer tank cars and valves for tank cars2 and 7#b7 other tank car safety features4 #aac4 ,federal ,railroad ,administration safety culture 7a7 ,review ,not later than #a year after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,transportation shall-- 7#a7 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 ,development2 and 7#b7 submit 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 includes recommendations for improving the ,federal ,railroad ,administration's safety culture4 7b7 ,considerations ,as a part of the review conducted pursuant to subsection 7a77#a71 the ,inspector ,general shall consider the impacts of the ,federal ,railroad ,administration's-- 7#a7 reorganization of its safety offices and management structure2 7#b7 reorganization of its policy and research offices2 and 7#c7 telework policies1 including any change in policies since the beginning of the ,,covid-#ai pandemic4 7c7 ,action plan ,not later than #a year after the submission of the report required under subsection 7a77#b71 the ,secretary 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 and post on a public-facing website an action plan that addresses the recommendations and findings made by the ,inspector ,general in such report4 #aad4 ,,gao report on roadway worker protections 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a review of currently available technologies for roadway workers 7as defined in section #bad4g of title #di1 ,code of ,federal ,regulations7 with protection from the hazards of being struck by a train or other on-track equipment in the ,united ,states2 and 7#b7 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 that summarizes the results of the review conducted under subparagraph 7a71 including recommendations1 as the ,comptroller ,general considers appropriate4 7b7 ,contents ,the report submitted under subsection 7a77#b7 shall-- 7#a7 describe the frequency1 type1 and causes of incidences within the rail right-of-way associated with roadway workers being struck by a train or other on-track equipment1 based on available data1 including whether individuals were acting in compliance with the applicable rules1 policies1 procedures1 and practices2 7#b7 describe the types of technologies referenced in subsection 7a77#a7 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 carrier1 including for each technology-- 7,a7 the primary function and features2 7,b7 the maturity1 implementation readiness1 and user experience2 7,c7 the frequency of implementation2 7,d7 any costs1 including up front and ongoing maintenance costs1 of the technology and other costs associated with the technology2 7,e7 safety benefits associated with the technology relative to current rules1 policies1 procedures1 and practices2 and 7,f7 ability to enhance protections for roadway workers without negatively impacting operational or network efficiencies2 7#c7 discuss the potential for such technologies to reduce or eliminate roadway worker accidents occurring within the rail right-of-way2 7#d7 describe any challenges or barriers to adoption of such safety technologies1 including operational1 technical1 and network efficiency challenges or barriers2 and 7#e7 assess the cost-beneficial nature of utilizing such technology as a secondary warning system4 #aae4 ,federal ,railroad ,administration safety workforce management ,not later than #a year after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,transportation shall submit 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 contains the results of a review of the ,federal ,railroad ,administration ,office of ,railroad ,safety inspector and specialist staff resource management1 including-- 7#a7 an assessment of the changes in the number of ,federal ,railroad ,administration safety inspectors and specialists1 including-- 7,a7 the number of safety inspector and specialist vacancies at the time of the review2 7,b7 the number of such positions requested in each of the budget requests for the last #aj fiscal years2 and 7,c7 the actual workforce levels during each of such fiscal years2 7#b7 an assessment of geographic allocation plans1 potential hiring and time-to-hire challenges1 expected retirement rates1 and recruitment and retention strategies2 7#c7 a description of any internal ,federal ,railroad ,administration goals for compliance inspection rates across the network of regulated activities1 and whether requested and actual safety inspector and specialist workforce levels align with such goals2 7#d7 whether the system used for the notification1 processing1 or storing of civil penalty enforcement cases and other compliance actions recommended by safety inspectors and specialists against railroads1 shippers of hazardous materials1 and other respondents effectively supports the ,federal ,railroad ,administration's compliance inspection and enforcement program2 7#e7 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 vacancies1 and the degree to which special rates of pay or other recruitment and retention practices could ameliorate or could have ameliorated such difficulty2 and 7#f7 recommendations for any reforms that could-- 7,a7 improve the recruitment1 hiring1 and retention of ,federal ,railroad ,administration safety inspectors and specialists1 including potential quality of life and workplace improvements2 7,b7 improve ,federal ,railroad ,administration workforce management processes2 or 7,c7 increase the capacity for inspection activities1 if such capacity is identified as deficient1 at the ,federal ,railroad ,administration1 including activities relating to the transportation of hazardous materials4 #aaf4 ,office of ,personnel ,management review of safety inspector and specialist classifications 7a7 ,revising railroad safety series ,not later than #bgj days after the date of the enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall-- 7#a7 complete a review of the ,railroad ,safety ,series1 ,,gs-#baba1 ,,ts-#cg2 and 7#b7 subject to subsection 7b71 revise the series referred to in paragraph 7#a71 as appropriate1 to reflect factors impacting the ,federal ,railroad ,administration's oversight of the railroad industry1 including-- 7,a7 current critical ,federal ,railroad ,administration disciplines2 and 7,b7 technological advancements and operational conditions within the railroad industry4 7b7 ,report ,not later than #cj days after completing the review required under subsection 7a71 if the ,director determines that a revision of the ,railroad ,safety ,series is not appropriate1 the ,director shall submit a report to the,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that-- 7#a7 explains the findings of the review required under subsection 7a72 and 7#b7 justifies the determination not to make revisions to the ,railroad ,safety ,series4 #aag4 ,alcohol and drug testing ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,transportation shall amend part #bai of title #di1 ,code of ,federal ,regulations1 to require any employee who1 on behalf of a railroad1 inspects locomotives1 passenger cars1 railcars1 or other on-track equipment1 to be subject to the breath or body fluid testing required under subparts ,c1 ,d1 and ,e of such part4 ,,ii ,hazardous materials emergency response and preparedness #bja4 ,hazardous materials registration fees ,section #eajh7;g7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking 7#a7 ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 7,a7 ,in addition to a fee established under paragraph 7#a71 the ,secretary shall establish and impose by regulation and collect an annual fee4 7,b7 ,subject to subparagraph 7,c71 the fee established under subparagraph 7,a7 shall be-- 7i7 not less than #bej but not more than #ejj from each person that-- 7,i7 is required to file a registration statement under this section2 and 7,,ii7 is identified as a small business 7within the meaning of part #aba of title #ac1 ,code of ,federal ,regulations 7or successor regulations772 and 7ii7 not less than #ejj but not more than #e1jjj from each person that-- 7,i7 is required to file a registration statement under this section2 and 7,,ii7 is not identified as a small business 7within the meaning of part #aba of title #ac1 ,code of ,federal ,regulations 7or successor regulations774 7,c7 ,the ,secretary shall adjust the amount being collected under this paragraph to reflect any unexpended balance in the account established under section #eaaf7;h7 of this title4 ,however1 the ,secretary is not required to refund any fee collected under this paragraph4 7,d7 ,the ,secretary shall transfer to the ,secretary of the ,treasury amounts the ,secretary of ,transportation collects under this paragraph for deposit in the ,hazardous ,materials ,emergency ,preparedness ,fund established under section #eaaf7;h7 of this title4 4 #bjb4 ,virtual training options ,section #eaae7;b77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,b71 by striking and after the semicolon at the end2 and 7#b7 by adding at the end the following3 7,d7 recommendations for the development of courses described in subparagraph 7,b7 that have been adapted for virtual learning and any courses for which the ,secretary has recommended adaptation to provide virtual options1 subject to the condition that the ,secretary ensures that the virtual options recommended will provide an equivalent level of training as in-person courses2 and 4 #bjc4 ,hazardous materials transportation emergency response and preparedness grants 7a7 ,in general ,section #eaaf of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking the section designation and heading and inserting the following3 #eaaf4 ,hazardous materials transportation emergency response and preparedness 2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking 2 and and inserting a semicolon2 7ii7 in subparagraph 7,c7-- 7,i7 by striking public sector employees and inserting emergency response personnel2 and 7,,ii7 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7,d7 until ,september #ca1 #bjca1 to purchase personal protective equipment1 as determined by the ,secretary1 needed to respond to a hazardous materials emergency response incident1 consistent with paragraph 7#g7 and subject to the condition that not more than #ej percent of the funds made available under this subsection may be used for that purpose2 7,e7 to conduct and organize simulated and field exercises relating to hazardous materials transportation incidents2 and 7,f7 to develop a hazardous materials transportation emergency response preparedness gap analysis in accordance with paragraph 7#i74 2 7,b7 in paragraph 7#e77;,a7-- 7i7 in clause 7i71 by striking public sector employees being trained and inserting emergency response personnel being trained virtually or in person2 7ii7 in clause 7ii71 by striking employees and inserting personnel2 7iii7 in clause 7iii7-- 7,i7 by striking employees and inserting personnel2 and 7,,ii7 by striking 2 and and inserting a semicolon2 and 7iv7 by adding at the end the following3 7v7 the costs of personnel needed to replace any personnel being trained2 and 7vi7 lost wages for any volunteer being trained1 up to a reasonable amount determined by the ,secretary2 2 7,c7 in paragraph 7#f7-- 7i7 by striking subparagraph 7,a7 and inserting the following3 7,a7 whether grant funds will be used to support the ability of the ,united ,states ,government to respond to hazardous materials incidents near infrastructure commonly used to transport hazardous materials2 2 and 7ii7 in subparagraph 7,b71 by striking amounts and inserting number of shipments2 7,d7 by redesignating paragraphs 7#e7 and 7#f7 as paragraphs 7#f7 and 7#h71 respectively2 7,e7 by inserting after paragraph 7#d7 the following3 7#e7 7,a7 ,subject to subparagraph 7,c71 any ,state receiving a grant under this subsection shall1 not later than #ahj days after receiving the grant funds1 make available to eligible local entities-- 7i7 not less than #gj percent of the grant funds2 or 7ii7 eligible services or activities described in paragraph 7#a7 having a value of not less than #gj percent of the amount of the grant4 7,b7 ,a ,state shall certify to the ,secretary that the ,state has made the distribution to eligible local entities required under paragraph 7#a7 by providing such information as the ,secretary shall require4 7,c7 7i7 ,the ,governor of a ,state may request in writing that the ,secretary extend the period under subparagraph 7,a7 for an additional period of time4 7ii7 ,the ,secretary may approve a request under clause 7i7 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 incidents4 7,d7 ,subparagraph 7,a7 shall not apply to ,tribes1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 or the ,virgin ,islands4 7,e7 ,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 subsection4 7,f7 ,in making grant funds available to eligible local entities under subparagraph 7,a71 ,states shall consider whether the eligible local entity has a high proportion of volunteer emergency responders4 7,g7 ,for purposes of this paragraph1 the term eligible local entity means any of the following3 7i7 ,a political subdivision of a ,state4 7ii7 ,a public emergency response organization4 2 7,f7 by inserting after paragraph 7#f7 7as so redesignated7 the following3 7#g7 ,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 equipment4 2 and 7,g7 by inserting after paragraph 7#h7 7as so redesignated7 the following3 7#i7 7,a7 ,each hazardous materials transportation emergency response preparedness gap analysis developed pursuant to paragraph 7#a77;,f7 shall include-- 7i7 an identification of gaps and limitations of the hazard response program of the applicable jurisdiction1 including-- 7,i7 knowledge and personal protective equipment gaps2 and 7,,ii7 gaps in training1 including ,incident ,command ,management training and ,,astm ,standard ,e#cbda training2 and 7ii7 a strategic plan to address the gaps and limitations identified under clause 7i74 7,b7 ,in developing a hazardous materials transportation emergency response preparedness gap analysis pursuant to paragraph 7#a77;,f71 the entity preparing the analysis shall-- 7i7 coordinate with ,regional ,response ,teams 7as described in section #cjj4aae of title #dj1 ,code of ,federal ,regulations 7or a successor regulation772 7ii7 include ,states1 ,tribes1 hazardous materials emergency response programs1 local governments1 and emergency response personnel 7including fire service organizations7 in that development1 as appropriate2 and 7iii7 provide an opportunity for ,states1 ,tribes1 hazardous materials emergency response programs1 local governments1 and emergency response personnel 7including fire service organizations7 to review and comment on the analysis before the analysis is published4 2 7#c7 in subsection 7d7-- 7,a7 in the second sentence1 by striking ,amounts and inserting the following3 7#b7 ,certain amounts ,amounts 2 7,b7 in the first sentence1 by striking ,a grant under this section is for #hj percent of the cost the ,state or ,indian tribe incurs and inserting the following3 7#a7 ,in general ,a grant under this section is for #ij percent of the costs incurred by a ,state1 or #ajj percent of the costs incurred by a ,tribe1 2 and 7,c7 by adding at the end the following3 7#c7 ,in-kind contributions ,for purposes of this subsection1 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 contributions4 2 7#d7 by amending subsection 7h7 to read as follows3 7h7 ,annual registration fee account and its uses 7#a7 ,in general ,the ,secretary of the ,treasury shall establish an account in the ,treasury 7to be known as the ,hazardous ,materials ,emergency ,preparedness ,fund7 into which the ,secretary of the ,treasury shall deposit amounts the ,secretary of ,transportation transfers to the ,secretary of the ,treasury under section #eajh7;g77#b77;,d74 7#b7 ,uses ,without further appropriation1 amounts in the account are available-- 7,a7 to make grants under this section and section #eajg7;e72 7,b7 to monitor and provide technical assistance under subsection 7e72 7,c7 to publish and distribute an emergency response guide2 and 7,d7 to pay administrative costs of carrying out this section and sections #eajg7;e7 and #eajh7;g77#b71 except that not more than #d percent of the amounts made available from the account in a fiscal year may be used to pay those costs4 7#c7 ,set aside 7,a7 ,in general ,the amounts collected under section #eabc shall be-- 7i7 set aside for the purpose of carrying out subsection 7k72 and 7ii7 available1 without further appropriation1 for that purpose4 7,b7 ,application ,the set-aside described in subparagraph 7,a7-- 7i7 shall apply until the earliest date on which the total amount set aside and available for expenditure under that subparagraph equals or exceeds #ej1jjj1jjj2 and 7ii7 after that date1 shall apply to each subsequent period-- 7,i7 beginning on a date on which the total amount set aside and available for expenditure under that subparagraph is less than #bj1jjj1jjj2 and 7,,ii7 ending on the earliest subsequent date on which the total amount set aside and available for expenditure under that subparagraph equals or exceeds #ej1jjj1jjj4 2 7#e7 by striking subsection 7k7 and inserting the following3 7k7 ,reports ,the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and make available to the public an annual report that-- 7#a7 includes information on the allocation and uses of the grants made available under-- 7,a7 this section2 and 7,b7 subsections 7e7 and 7i7 of section #eajg2 7#b7 identifies the ultimate recipients of those grants2 7#c7 identifies the amount of funding available for each grant2 7#d7 describes any unobligated balances1 total annual drawdown by each grantee1 and recovered balances2 7#e7 includes the amount of funding rescinded1 by grant recipient1 for each grant2 and 7#f7 includes-- 7,a7 a detailed accounting and description of each grant expenditure by each grant recipient1 including the amount of1 and purpose for1 each expenditure2 7,b7 the number of persons trained under the grant program1 by training level2 7,c7 a description of any personal protective equipment purchased using grant funds2 7,d7 an evaluation of the efficacy of each grant program2 and 7,e7 any recommendations the ,secretary may have for improving such grant programs4 2 and 7#f7 by striking tribes each place it appears and inserting ,tribes4 7b7 ,assistance for local emergency response training ,section #eaaf7;j77#a77;,a7 of title #di1 ,united ,states ,code1 is amended by striking liquids and inserting materials4 7c7 ,authorization of appropriations ,section #eabh7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking ,hazardous ,materials ,preparedness ,fund and inserting ,hazardous ,materials ,emergency ,preparedness ,fund2 7#b7 in paragraph 7#c71 by striking section #eaaf7;h77#c72 and and inserting section #eaaf7;h77#b77;,c722 and 7#c7 by striking paragraph 7#d7 and inserting the following3 7#d7 #d1jjj1jjj to carry out section #eaaf7;i72 and 7#e7 #a1jjj1jjj to carry out section #eaaf7;j74 4 7d7 ,clerical amendment ,the analysis for chapter #ea of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #eaaf and inserting the following3 #eaaf4 ,hazardous materials transportation emergency response and preparedness4 4 7e7 ,conforming amendments 7#a7 ,section #eajb of title #di1 ,united ,states ,code1 is amended by striking paragraph 7#f7 and inserting the following3 7#f7 ,indian tribe1 ,indian ,tribe1 and ,tribe have the meaning given the term ,indian ,tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 4 7#b7 ,section #eaaf7;j77#c77;,b7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in clause 7iii71 by striking subsection 7h77#c7 and inserting subsection 7h77#b77;,c72 and 7,b7 in clause 7iv71 by striking subsection 7h77#d7 and inserting subsection 7h77#b77;,d74 7#c7 ,section #eabc of title #di1 ,united ,states ,code1 is amended by striking subsection 7g7 and inserting the following3 7g7 ,transfer of amounts collected ,amounts collected under this section shall be transferred to the ,hazardous ,materials ,emergency ,preparedness ,fund established under section #eaaf7;h74 4 #bjd4 ,emergency response assistance ,section #eaaf of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7k71 as amended in section #bjc1 as subsection 7l72 7#b7 by inserting after subsection 7j7 the following3 7k7 ,emergency response assistance 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means a-- 7i7 ,state1 territory1 or ,tribe2 7ii7 political subdivision of a ,state or territory2 or 7iii7 public emergency response organizations4 7,b7 ,significant hazardous materials transportation incident ,the term significant hazardous materials transportation incident means an incident that-- 7i7 involves hazardous materials being moved by a motor carrier or rail carrier2 7ii7 requires a response by not fewer than #a eligible entity for which the ,secretary estimates the costs to the eligible entity to be not less than #ae1jjj2 and 7iii7 results in a serious injury1 fatality1 or substantial property damage4 7,c7 ,substantial property damage ,the term substantial property damage means damage to public or private property or the environment 7including clean up costs7 the ,secretary reasonably estimates to be more than #de1jjj4 7#b7 ,establishment of program ,not later than #a year after the date of enactment of the ,railway ,safety ,act of #bjbf1 the ,secretary1 in consultation with the ,administrator of the ,federal ,emergency ,management ,agency and the ,administrator of the ,environmental ,protection ,agency1 after providing an opportunity for notice and comment1 shall establish an emergency response assistance program to provide immediate financial assistance to communities responding to a significant hazardous materials transportation incident4 7#c7 ,significant hazardous materials transportation incident 7,a7 ,in general ,the ,secretary shall have the authority to declare a significant hazardous materials transportation incident4 7,b7 ,guidelines ,the ,secretary shall establish and publish guidelines to determine whether a significant hazardous materials transportation incident has occurred4 7#d7 ,release of funds 7,a7 ,in general ,the ,secretary shall immediately make available from the amount set aside under subsection 7h77#c7 in the ,hazardous ,materials ,emergency ,preparedness ,fund established under subsection 7h77#a7 7referred to in this subsection as the ,fund7 up to #aj1jjj1jjj to quickly reimburse eligible entities that responded to a significant hazardous materials transportation incident if-- 7i7 the ,secretary declares the incident a significant hazardous materials transportation incident2 and 7ii7 at least #ad days but not later than #ba days after the declaration of a significant hazardous materials transportation incident1 the ,secretary determines1 in accordance with paragraph 7#g71 that the responsible party does not have an acceptable reimbursement plan4 7,b7 ,additional funds ,in addition to any amounts made available under subparagraph 7,a71 the ,secretary shall make additional funding available from the amount set aside under subsection 7h77#c7 in the ,fund if the ,secretary determines that the additional funding is necessary4 7,c7 ,authority ,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 7#g74 7#e7 ,administration of funds ,the ,secretary may provide funds from the amount set aside under subsection 7h77#c7 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 subsection1 including by providing funds to eligible entities4 7#f7 ,use of funds 7,a7 ,in general ,funds made available under paragraph 7#d7 or 7#e7 may be used only-- 7i7 for the cost of replacing personal protective equipment that is damaged1 contaminated1 or otherwise rendered unusable as a result of the response of the eligible entity to a significant hazardous materials transportation incident2 7ii7 for overtime pay of employees of eligible entities that responded to the scene of a significant hazardous materials transportation incident2 7iii7 for operational costs exceeding standard operating expenses that are directly related to the cost of responding to the significant hazardous materials transportation incident1 such as the costs of running a supplementary emergency response center2 7iv7 for the cost of providing baseline health care assessments to emergency response personnel who responded to the significant hazardous materials transportation incident1 but not more than #a1jjj per person1 which shall be adjusted annually for inflation2 and 7v7 to reimburse an eligible entity for an eligible cost described in any of clauses 7i7 through 7iv7 that is incurred within #cj days of the date of a significant hazardous materials transportation incident4 7,b7 ,documentation of costs ,not later than #a year after the date on which the ,secretary declares a significant hazardous materials transportation incident for which an eligible entity receives assistance under this subsection1 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 7,a74 7,c7 ,misuse of funds ,if the ,secretary determines that an eligible entity has used assistance received under this subsection in a manner that violates subparagraph 7,a7 or any other provision of this subsection1 the eligible entity shall reimburse the ,fund 7if the assistance was provided from the ,fund7 or the responsible party 7if the assistance was provided by the responsible party71 for the amount of that assistance4 7#g7 ,acceptable plan 7,a7 ,in general ,for purposes of paragraph 7#d77;,a77ii71 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#f7 not later than #ij days after the date of the significant hazardous materials transportation incident4 7,b7 ,advance submission2 certain plans 7i7 ,advance submission ,a plan to provide reimbursement to eligible entities in accordance with subparagraph 7,a7 may be submitted to the ,secretary for approval in advance of any significant hazardous materials transportation incident to which the plan might apply4 7ii7 ,certain plan ,a hazardous materials emergency response plan approved by the ,secretary in accordance with section #bjaee7;e7 shall be considered an acceptable plan for purposes of this subsection4 7#h7 ,reimbursement by responsible party 7,a7 ,in general ,subject to subparagraph 7,f71 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 incident4 7,b7 ,requirement ,any funding recovered by the ,secretary under this subsection shall be deposited back into the ,fund4 7,c7 ,notice ,after the ,secretary has received the documented costs under paragraph 7#f77;,b71 the ,secretary shall provide notice to the responsible party regarding the total amount owed4 7,d7 ,final agency action ,not later than #cj days after the ,secretary makes a determination of the amount for which the responsible party is liable under subparagraph 7,a71 the responsible party may challenge that determination as a final agency action4 7,e7 ,civil action 7i7 ,in general ,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 amounts4 7ii7 ,limitation on judicial review ,in a civil action under clause 7i71 the amount for which a responsible party is liable1 as determined by the ,secretary1 unless challenged under subparagraph 7,d71 shall not be subject to judicial review4 7,f7 ,discretion ,if the responsible party is a small business concern 7within the meaning of part #aba of title #ac1 ,code of ,federal ,regulations 7or successor regulations77 that is unable to fully reimburse the ,secretary1 the ,secretary shall have discretion with respect to the amount of funds the ,secretary requests from the responsible party under this paragraph4 7#i7 ,streamlined application process ,the ,secretary shall streamline the application process for the receipt of funds under this subsection1 including by-- 7,a7 providing technical assistance to eligible entities2 and 7,b7 creating a template that eligible entities can use to apply for funding4 7#aj7 ,savings provisions 7,a7 ,liability ,nothing in this subsection limits1 or may be construed to limit1 the liability of a responsible party4 7,b7 ,reimbursement 7i7 ,in general ,a responsible party may1 in accordance with any other applicable law-- 7,i7 seek to establish that another party was responsible1 in whole or in part 7as such other law allows71 for the applicable significant hazardous materials transportation incident2 and 7,,ii7 seek reimbursement 7to the extent such other law allows7 from that other party4 7ii7 ,effect of subsection ,nothing in this subsection limits1 or may be construed to limit1 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 incident4 7iii7 ,effect of determination ,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 7ii74 7iv7 ,effect of reimbursements and other activities ,no activity taken under this subsection to reimburse an eligible entity1 reimburse the ,secretary1 prepare or carry out a reimbursement plan1 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 7ii74 7#aa7 ,comptroller ,general report 7,a7 ,in general ,not later than ,september #cj1 #bjbg1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the effectiveness this subsection4 7,b7 ,contents ,the report submitted under subparagraph 7,a7 shall include1 at a minimum1 information on-- 7i7 the number of significant hazardous materials transportation incidents that received funding under this subsection2 7ii7 the amount of financial assistance the ,secretary provided to eligible entities2 7iii7 the amount of financial assistance responsible parties submitted to the ,secretary under paragraph 7#h72 7iv7 the amount of reimbursement the ,secretary received from eligible entities as required under paragraph 7#f77;,c72 7v7 whether the amounts provided by the ,secretary under this subsection adequately reflect the amounts actually spent by the eligible entities2 7vi7 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 incidents2 and 7vii7 any other factors the ,comptroller ,general of the ,united ,states considers to be appropriate to review the effectiveness of this subsection4 2 and 7#c7 by adding at the end the following3 7m7 ,definitions ,in this section3 7#a7 ,emergency response personnel ,the term emergency response personnel means-- 7,a7 an employee of a ,state1 territory1 ,tribe1 or political subdivision of a ,state2 and 7,b7 a person belonging to a public emergency response organization4 7#b7 ,public emergency response organization 7,a7 ,in general ,the term public emergency response organization means-- 7i7 a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters2 7ii7 a fire department that has-- 7,i7 paid firefighting personnel2 and 7,,ii7 volunteer firefighting personnel2 7iii7 a nonaffiliated ,,ems organization2 and 7iv7 a fire department that has an all-volunteer force of firefighting personnel4 7,b7 ,associated definition ,for purposes of subparagraph 7,a77iii71 the term nonaffiliated ,,ems organization means a public or private nonprofit emergency medical services organization that-- 7i7 is not affiliated with a hospital2 and 7ii7 does not serve a geographic area for which the ,secretary or a ,state finds that emergency medical services are adequately provided by a fire department4 4