H.R. 7662

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7662 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 7662

To enhance safety requirements for trains transporting hazardous 
materials, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 24, 2026

Mr. Nehls (for himself and Mr. Moulton) introduced the following bill; 
which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on Science, Space, and 
Technology, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the 
jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To enhance safety requirements for trains transporting hazardous 
materials, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Railroad Safety 
Enhancement Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
TITLE I--RAIL SAFETY

Sec. 101. Definitions.
Sec. 102. Safety requirements for high-hazard trains.
Sec. 103. Ensuring the safety of long trains.
Sec. 104. Blocked highway-rail grade crossings.
Sec. 105. Inspections.
Sec. 106. Emergency brake signals.
Sec. 107. Defect detection systems.
Sec. 108. Safe Freight Act of 2023.
Sec. 109. Increased penalties for violations of rail safety 
regulations.
Sec. 110. Safer tank cars.
Sec. 111. Rail safety infrastructure research and development grants.
Sec. 112. Authorization of appropriations for tank car research and 
development.
Sec. 113. Federal Railroad Administration safety culture.
Sec. 114. GAO report on roadway worker protections.
Sec. 115. Federal Railroad Administration safety workforce management.
Sec. 116. Office of Personnel Management review of safety inspector and 
specialist classifications.
Sec. 117. Alcohol and drug testing.
Sec. 118. Confidential close call reporting system.
Sec. 119. AskRail application.
Sec. 120. Increased funding for the railroad crossing elimination grant 
program.
Sec. 121. Train approach warning.
TITLE II--HAZARDOUS MATERIALS EMERGENCY RESPONSE AND PREPAREDNESS

Sec. 201. Hazardous materials registration fees.
Sec. 202. Virtual training options.
Sec. 203. Hazardous materials transportation emergency response and 
preparedness grants.
Sec. 204. Emergency response assistance.

TITLE I--RAIL SAFETY

SEC. 101. DEFINITIONS.

In this title:
(1) In general.--Except as otherwise provided, terms used 
in this title have the definitions given such terms in section 
20155 of title 49, United States Code, as amended by section 
102(a).
(2) Secretary.--The term ``Secretary'' means the Secretary 
of Transportation.

SEC. 102. SAFETY REQUIREMENTS FOR HIGH-HAZARD TRAINS.

(a) Tank Car Safety Requirements.--Section 20155 of title 49, 
United States Code, is amended to read as follows:
``Sec. 20155. High-hazard trains
``(a) Definitions.--In this section:
``(1) Explosives.--The term `explosives' means Class 1 
explosives categorized in Division 1.1, 1.2, or 1.3 (as such 
terms are defined in section 173.50 of title 49, Code of 
Federal Regulations).
``(2) Flammable gas.--The term `flammable gas' has the 
meaning given such term in section 173.115(a) of title 49, Code 
of Federal Regulations.
``(3) Flammable liquid.--The term `flammable liquid' has 
the meaning given such term in section 173.120(a) of title 49, 
Code of Federal Regulations.
``(4) Hazardous material.--The term `hazardous material' 
means a substance or material designated by the Secretary of 
Transportation as hazardous pursuant to section 5103 of title 
49, United States Code.
``(5) High-hazard train.--The term `high-hazard train' 
means a single train transporting, throughout the train 
consist--
``(A) 20 or more tank cars loaded with a flammable 
liquid;
``(B) 1 tank car or intermodal portable tank load 
with a material toxic or poisonous by inhalation;
``(C) 1 or more cars loaded with high-level 
radioactive waste or spent nuclear fuel;
``(D) 10 or more cars loaded with explosives;
``(E) 5 or more tank cars loaded with a flammable 
gas; or
``(F) 20 or more cars loaded with any combination 
of flammable liquids, flammable gases, or explosives.
``(6) High-level radioactive waste; spent nuclear fuel.--
The terms `high-level radioactive waste' and `spent nuclear 
fuel' have the meanings given to a `type B package' or a 
`fissile material package', respectively, in section 173.403 of 
title 49, Code of Federal Regulations.
``(7) 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 171.8 of title 49, Code of 
Federal Regulations.
``(b) Rulemaking.--Not later than 1 year after the date of the 
enactment of the Railroad Safety Enhancement Act of 2026, the 
Secretary, in consultation with appropriate Federal agencies, shall 
issue regulations that--
``(1) rescind the requirements set forth in paragraphs (4) 
and (5) of section 174.310(a) of title 49, Code of Federal 
Regulations, with respect to tank cars carrying hazardous 
materials other than Class 3 flammable liquids;
``(2) revise the requirements set forth in section 
174.310(a)(2) of title 49, Code of Federal Regulations--
``(A) to limit all trains to a maximum speed of 50 
miles per hour; and
``(B) to limit high-hazard trains carrying 20 or 
more cars loaded with flammable liquids to a maximum 
speed of 40 miles per hour while that train travels 
within the limits of high-threat urban areas (HTUAs) 
(as defined in 1508.3 of title 49, Code of Federal 
Regulations), unless all tank cars containing a Class 3 
flammable liquid meet or exceed the DOT specification 
117 standards, the DOT specification 117P performance 
standards, or the DOT specification 117R retrofit 
standards set forth in subpart D of part 179 of title 
49, Code of Federal Regulations, including DOT-105A, 
DOT-105H, DOT-105J, DOT-105S, DOT-112H, DOT-112J, DOT-
112S, and DOT-120S tank cars;
``(3) require rail carriers operating high-hazard trains to 
comply with the requirements applicable to high-hazard 
flammable trains under section 174.310 of title 49, Code of 
Federal Regulations;
``(4) require any Class I railroad transporting hazardous 
materials--
``(A) to generate accurate, real-time, and 
electronic train consist information, including--
``(i) the identity, quantity, and location 
of hazardous materials on a train;
``(ii) the point of origin and destination 
of the train;
``(iii) any emergency response information 
or resources required by the Secretary; and
``(iv) an emergency response point of 
contact designated by the Class I railroad; and
``(B) to enter into a memorandum of understanding 
with each applicable fusion center to provide the 
fusion center with secure and confidential access to 
the electronic train consist information described in 
subparagraph (A) for each train transporting hazardous 
materials in the jurisdiction of the fusion center;
``(5) require each Class I railroad to provide commodity 
flow reports of the hazardous materials transported by a high-
hazard train to each State emergency response commission, 
Tribal emergency response commission, or other responsible 
State or Tribal agency, consistent with the notification 
content requirements under section 174.312 of title 49, Code of 
Federal Regulations (or a successor regulation), including--
``(A) a reasonable estimate of the number of high-
hazard trains that are expected to travel, per week, 
through each county within the applicable jurisdiction;
``(B) updates to such estimate when making a change 
in volume of 25 percent or more;
``(C) a description of the hazardous materials 
being transported on such trains;
``(D) applicable emergency response information, as 
required by regulation;
``(E) identification of the routes over which the 
hazardous materials on such trains will be transported; 
and
``(F) a point of contact at the Class I railroad 
who--
``(i) has knowledge of the railroads' 
transportation of hazardous materials; and
``(ii) is responsible for serving as the 
point of contact for the State emergency 
response commission, Tribal emergency response 
commission, or other State or Tribal agency 
responsible for receiving such information;
``(6) require each applicable State emergency response 
commission to provide to a political subdivision of a State, or 
the public agency responsible for emergency response or law 
enforcement, upon request of the political subdivision or 
public agency, the information the commission receives from a 
Class I railroad pursuant to paragraph (3), including, for any 
such political subdivision or public agency responsible for 
emergency response or law enforcement that makes an initial 
request for such information, any updates received by the State 
emergency response commission;
``(7) prohibit any Class I railroad, employee, or agent 
from withholding, or causing to be withheld, the train consist 
information from first responders, emergency response 
officials, Federal and State agencies, and law enforcement 
personnel described in paragraph (2)(B) who are responding to 
an incident, accident, or public health or safety emergency 
involving the rail transportation of hazardous materials; and
``(8) establish security and confidentiality protections, 
in coordination with the Secretary of Homeland Security, 
including protections from the public release of proprietary 
information or security sensitive information (as defined in 
section 15.5 of title 49, Code of Federal Regulations), to 
prevent the release to unauthorized persons any electronic 
train consist information or advanced notification or 
information provided by Class I railroads under this section.
``(c) Rule of 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 responders, 
emergency response officials, and law enforcement personnel.
``(d) Safety Improvements.--Not later than 1 year after the date of 
the enactment of the Railroad Safety Enhancement Act of 2026, the 
Secretary shall evaluate and update, to the extent necessary for safety 
and in compliance with Executive Order 12866 (5 U.S.C. 601 note; 
relating to regulatory planning and review), the operational 
requirements for high-hazard trains to ensure the safe transportation 
of hazardous materials by rail, including--
``(1) preventing the placement of blocks of empty railcars 
in locations within the consist of the train that increase the 
chance or severity of a derailment; and
``(2) requirements for an adequate number of buffer cars 
between a locomotive or railcar and tank cars transporting 
hazardous materials.
``(e) Hazardous Materials Emergency Response Plans.--
``(1) Plan contents.--The Secretary shall promulgate 
regulations, in compliance with Executive Order 12866, 
requiring all Class I railroads that operate high-hazard trains 
to submit to the Secretary hazardous materials emergency 
response plans that are consistent with the format of the 
National Response Team `One Plan'. Such plans shall include--
``(A) consideration of potential hazardous 
materials release for the hazardous materials 
identified under subsection (a)(7) that the railroad is 
transporting;
``(B) identification of the railroad's hazardous 
materials response teams that can quickly respond to a 
release or potential release within a reasonable amount 
of time;
``(C) identification of the equipment and resources 
available to the hazardous materials response teams;
``(D) organizational charts for the hazardous 
materials response teams; and
``(E) plans to facilitate hazardous materials 
release liability claims.
``(2) Coordination.--Railroads shall coordinate with 
relevant States and Tribes when creating the plans required 
under paragraph (1).
``(3) Triennial review.--Not later than 1 year after a 
Class I railroad submits a hazardous materials emergency 
response plan pursuant to paragraph (1), and on a triennial 
basis thereafter, the Secretary shall review such plan. If the 
Secretary identifies deficiencies during such review, the 
Secretary shall describe the nature of any deficiencies and 
allow for correction.
``(4) Verification.--The Secretary shall periodically audit 
a railroad's hazardous materials emergency response plan.''.
(b) Clerical Amendment.--The analysis in chapter 201 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 20154 the following: ``20155. High-hazard trains.''.

SEC. 103. ENSURING THE SAFETY OF LONG TRAINS.

(a) Reviewing and Updating Safety Regulations.--Not later than 1 
year after the date on which the Secretary submits to Congress the 
report required under section 22422(d) of the Passenger Rail Expansion 
and Rail Safety Act of 2021 (title II of division B of Public Law 117-
58), the Secretary shall independently evaluate any safety concerns 
identified in the Comptroller General's report titled ``Freight Trains 
Are Getting Longer, and Additional Information Is Needed to Assess 
Their Impact'' (GAO-19-443) and in the report required under section 
22422(d) of the Passenger Rail Expansion and Rail Safety Act of 2021, 
by reviewing and subsequently updating, if necessary for safety and in 
compliance with Executive Order 12866 (5 U.S.C. 601 note; relating to 
regulatory planning and review), existing safety regulations to ensure 
the safe transportation of goods and passengers by rail, including 
consideration of the impact that train length and weight have on the 
safe transportation of high-hazard trains.
(b) Report.--Not later than 3 years after the date on which the 
Secretary submits the report required under subsection (a), if the 
Secretary has not addressed any recommendation contained within such 
report, the Secretary shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
that justifies such inaction.
(c) Reporting Requirement.--
(1) 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 incident.
(2) Publication.--The Federal Railroad Administration shall 
publish on its Rail Safety Data website a summary of all 
reportable incidents and accidents, categorized by train length 
and weight.

SEC. 104. BLOCKED HIGHWAY-RAIL GRADE CROSSINGS.

(a) Study.--The Secretary shall seek to enter into an agreement 
with the National Academy of Sciences under which the National Academy 
shall--
(1) conduct a study of 20 most frequently blocked highway-
rail grade crossings in not fewer than 10 different States, as 
determined by the Secretary based on--
(A) Federal Railroad Administration data;
(B) the work experience of the Office of Railroad 
Safety's Grade Crossing and Trespasser Outreach 
Division;
(C) data from the blocked highway-rail grade 
crossing portal; and
(D) geographic diversity; and
(2) provide recommendations to the Secretary for solutions 
in preventing or reducing occurrences or repeated occurrences 
where highway-rail grade crossings are blocked for extended 
periods.
(b) Members.--In establishing the membership to conduct the study 
described in subsection (a)(1), the National Academy of Sciences shall 
appoint not fewer than 3 of its members who--
(1) are engineering or rail experts;
(2) are not railroad carriers, or entities funded by 
railroad carriers;
(3) have relevant experience in railroad safety technology 
or railroad operating experience; and
(4) have no financial ties to the rail industry.
(c) Elements.--The study conducted pursuant to subsection (a)(1) 
shall--
(1) examine any potential impacts to railroad and community 
safety due to blocked highway-rail grade crossings;
(2) identify potential financial impacts incurred by the 
railroad or its customers due to blocked crossings;
(3) identify potential freight network efficiency impacts 
due to solutions that will reduce or eliminate the impacts of 
blocked crossings;
(4) examine community impacts that result from blocked 
crossings;
(5) examine causes for blocked crossings;
(6) examine the potential impacts on railroad operations of 
the recommendations made in the report submitted pursuant to 
subsection (c), including reliability of service to customers; 
and
(7) identify practical solutions to prevent blocked 
crossings.
(d) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
that contains the results of the study conducted by the National 
Academy of Sciences pursuant to this section.
(e) Funding.--From the amounts appropriated for fiscal year 2026 to 
carry out section 20108 of title 49, United States Code, the Secretary 
shall expend such sums as may be necessary, but not more than 
$2,000,000, to carry out the study required under this section.
(f) Railroad Crossing Elimination Program.--Section 22909 of title 
49, United States Code, is amended--
(1) in subsection (f)(2)(C)--
(A) in clause (i), by striking ``or'' after the 
semicolon;
(B) in clause (ii), by inserting ``or'' after the 
semicolon at the end; and
(C) by adding at the end the following:
``(iii) a bus route to a school or within 1 
mile of a school;''; and
(2) in subsection (g)--
(A) by striking ``Except'' and inserting the 
following:
``(1) In general.--Except''; and
(B) by adding at the end the following:
``(2) Certain bus routes.--The Federal share of the cost of 
a project given additional consideration under subsection 
(f)(2)(C)(iii) may not exceed 85 percent.''.
(g) Railroad Point of Contact for Blocked Crossings.--
(1) In general.--Not later than 180 days after the date of 
the enactment of this Act, each railroad carrier shall 
establish and maintain a toll-free telephone service for 
rights-of-way over which the railroad carrier dispatches trains 
to directly receive calls reporting blocked highway-rail grade 
crossings.
(2) Use of existing number.--A railroad carrier may comply 
with the requirement under subsection (a) by using the 
telephone number that is being used to comply with section 
20152(a)(1) of title 49, United States Code.
(3) Publicly available.--Each railroad carrier subject to 
this subsection shall notify the Secretary of the telephone 
number referred to in paragraph (1) or (2), who shall post such 
number on a publicly available website of the Department of 
Transportation.
(4) 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 unnecessary.

SEC. 105. INSPECTIONS.

(a) Time Available for Inspection.--
(1) In general.--Subchapter II of chapter 201 of title 49, 
United States Code, is amended by adding at the end the 
following:
``Sec. 20172. Time available for inspection
``(a) In General.--No railroad may limit the time required for an 
employee to complete a railcar, locomotive, or brake inspection to 
ensure that each railcar, locomotive, and brake system complies with 
safety laws and regulations.
``(b) Requirement.--Employees shall perform their inspection duties 
promptly and shall not delay other than for reasons related to 
safety.''.
(2) Clerical amendment.--The analysis for subchapter II of 
chapter 201 of title 49, United States Code, is amended by 
adding at the end the following: ``20172. Time available for 
inspection.''.
(b) Pre-Departure Railcar Inspections.--Not later than 120 days 
after the date of the enactment of this Act, the Secretary shall amend 
the pre-departure inspection requirements for Class I railroads under 
part 215 of title 49, Code of Federal Regulations (as written on such 
date of enactment)--
(1) to ensure that after initial consultation with the 
Federal Railroad Administration, and after each subsequent 
annual consultation, each railroad identifies inspection 
locations and, at such locations, has inspectors designated 
under part 215 available for the purpose of inspecting freight 
cars;
(2) to ensure that all freight cars are inspected by an 
inspector designated under part 215 at a designated inspection 
location in the direction of travel as soon as practicable; and
(3) to require each railroad that operates railroad freight 
cars to which such part 215 applies to designate persons 
qualified to inspect railroad freight railcars, subject to any 
existing collective bargaining agreement, for compliance and 
determinations required under such part.
(c) Qualified Locomotive Inspections.--Not later than 1 year after 
the date of the enactment of this Act, the Secretary shall review and 
amend, as necessary, regulations under chapters 229 and 243 of title 
49, Code of Federal Regulations--
(1) to ensure appropriate training qualifications and 
proficiency of employees, including qualified mechanical 
inspectors, performing locomotive inspections; and
(2) for locomotives in service on a Class I railroad, to 
require an additional daily inspection to be performed by a 
qualified mechanical inspector between the current intervals 
under section 229.23(b)(2) of title 49, Code of Federal 
Regulations.
(d) Audits.--
(1) In general.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary shall initiate audits 
of Federal railcar, locomotive, and train brake system 
inspection compliance with chapter II of subtitle B of title 
49, Code of Federal Regulations, which--
(A) consider whether the railroad has in place 
procedures necessary for railcar, locomotive, and train 
brake system inspection compliance under such chapter;
(B) assess the type, content, and adequacy of 
training and performance metrics the railroad provides 
employees who perform railcar, locomotive, and train 
brake system inspections, including the qualifications 
specified for such employees;
(C) determine whether the railroad has practices 
that would interfere with an employee's responsibility 
to perform an inspection safely;
(D) determine whether railcars, locomotives, and 
train brake systems are inspected on the railroad's 
network in accordance with such chapter;
(E) involve proper communication of identified 
defects to railroad personnel and make appropriate use 
of remedial action reports to verify that repairs are 
made;
(F) determine whether managers coerce employees to 
sign off on any documents verifying an inspection or 
repair of a railcar, locomotive, or train brake system;
(G) determine whether the railroad's inspection 
procedures reflect the current operating practices of 
the railroad carrier; and
(H) ensure that railroad inspection procedures only 
provide for the use of persons permitted to perform 
each relevant inspection under such chapter.
(2) Audit scheduling.--The Secretary shall--
(A) schedule the audits required under paragraph 
(1) to ensure that--
(i) every Class I railroad is audited not 
less frequently than once every 5 years; and
(ii) a limited number, as determined by the 
Secretary, of Class II and Class III railroads 
are audited annually, provided that--
(I) no audit of a tourist, scenic, 
historic, or excursion operation may be 
required under this subsection; and
(II) no other Class II or III 
railroad may be audited more frequently 
than once every 5 years; and
(B) conduct the audits described in subparagraph 
(A)(ii) in accordance with--
(i) the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 601 
note); and
(ii) appendix C of part 209 of title 49, 
Code of Federal Regulations.
(3) Updates to inspection program and procedures.--If, 
during an audit required under this subsection, the auditor 
identifies a deficiency in a railroad's procedures or practices 
necessary to ensure compliance with chapter II of subtitle B of 
title 49, Code of Federal Regulations, the railroad shall 
eliminate such deficiency, after first being provided the 
opportunity to address whether such a deficiency exists.
(4) Consultation and cooperation.--
(A) Consultation.--In conducting any audit required 
under this subsection, the Secretary shall consult with 
the railroad being audited and its employees, including 
any nonprofit employee labor organization representing 
the employees of the railroad that conduct railcar, 
locomotive, or train brake system inspections.
(B) Cooperation.--The railroad being audited and 
its employees, including any nonprofit employee labor 
organization representing mechanical employees, shall 
fully cooperate with any audit conducted pursuant to 
this subsection--
(i) by providing any relevant documents 
requested; and
(ii) by making available any employees for 
interview without undue delay or obstruction.
(C) Failure to cooperate.--If the Secretary 
determines that a railroad or any of its employees, 
including any nonprofit employee labor organization 
representing mechanical employees of the railroad is 
not fully cooperating with an audit conducted pursuant 
to this subsection, the Secretary shall electronically 
notify the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives of such noncooperation.
(e) Review of Regulations.--Not later than 5 years after the date 
of the enactment of this Act, and periodically thereafter, the 
Secretary shall determine whether any update to chapters I and II of 
subtitle B of title 49, Code of Federal Regulations, is necessary to 
ensure the adequacy of railcar, locomotive, and train brake system 
inspections.
(f) Annual Report.--The Secretary shall publish an annual report on 
the public website of the Federal Railroad Administration that--
(1) summarizes the findings of the audits conducted 
pursuant to subsection (c) during the most recently concluded 
fiscal year;
(2) summarizes any updates made to chapter I or II of 
subtitle B of title 49, Code of Federal Regulations, pursuant 
to this section; and
(3) excludes any confidential business information or 
sensitive security information.
(g) Rule of Construction.--Nothing in this section may be 
construed--
(1) to provide the Secretary with any authority to 
interpret, revise, alter, or apply a collectively bargained 
agreement, nor any authority over collective bargaining, 
collectively bargained agreements, or any aspect of the Railway 
Labor Act (45 U.S.C. 151 et seq.);
(2) to alter the terms or interpretations of existing 
collective bargaining agreements; or
(3) to abridge any procedural rights or remedies provided 
under a collectively bargained agreement.

SEC. 106. EMERGENCY BRAKE SIGNALS.

(a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Administrator of the Federal Railroad 
Administration shall convene a meeting of the Railroad Safety Advisory 
Committee for the purpose of considering a regulatory safety task on 
the functioning of emergency brake signals.
(b) Purpose.--The Railroad Safety Advisory Committee shall 
consider--
(1) the sufficiency of the regulations under part 232 of 
title 49, Code of Federal Regulations, with regard to end-of-
train and head-of-train device communications;
(2) whether National Transportation Safety Board Safety 
Recommendations R-20-028 and R-20-029 have been adequately 
addressed;
(3) whether more frequent communication checks between a 
head-of-train device and an end-of-train device would improve 
rail safety; and
(4) whether repetition of the emergency brake signal 
transmission until it is received by the end-of-train device 
would improve rail safety.
(c) Recommendations and Work Plan.--Not later than 90 days after 
the meeting is convened pursuant to subsection (a), a working group of 
the Railroad Safety Advisory Committee should--
(1) develop initial recommendations with respect to the 
matters considered under subsection (b); and
(2) complete a work plan for implementing such 
recommendations.

SEC. 107. DEFECT DETECTION SYSTEMS.

(a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by section 105(a)(1), is further amended by 
adding at the end the following:
``Sec. 20173. Defect detection systems
``(a) Definitions.--In this section:
``(1) Covered rail carrier.--The term `covered rail 
carrier' has the meaning given the term `Class I carrier' in 
section 10102.
``(2) Defect detection system.--The term `defect detection 
system' means the use of defect detectors, the analysis of the 
data defect detectors produce, and any other aspects a system 
that help railroads identify and understand the severity of 
known safety conditions.
``(3) 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 
condition.
``(4) High-hazard train.--The term `high-hazard train' has 
the meaning given such term in section 20155(a)(6).
``(5) Main line.--The term `main line' means--
``(A) a segment or route of railroad tracks--
``(i) over which 5,000,000 or more gross 
tons of railroad traffic is transported 
annually; and
``(ii) that has a maximum authorized speed 
for freight trains in excess of 25 miles per 
hour; and
``(B) intercity rail passenger transportation or 
commuter rail passenger transportation routes or 
segments over which high-hazard trains operate.
``(6) Physical characteristics.--The term `physical 
characteristics' means the physical terrain and operating 
considerations related to the physical terrain for the relevant 
main line.
``(b) Defect Detector Analysis Program.--The Secretary shall 
develop a program for the research, development, testing, and 
evaluation of defect detector systems to inform and support the 
rulemaking required under subsection (d) and the evaluation of plans 
under subsection (c), which shall include--
``(1) an evaluation of existing manufacturer recommended 
practices, industry-developed voluntary consensus technical 
standards, and railroad safety data to inform appropriate 
standards for commercially available defect detector systems 
and ensure the integrity and reliability of their use on the 
general railroad system, including standards relating to--
``(A) maintenance;
``(B) testing;
``(C) inspection; and
``(D) installation;
``(2) an assessment of existing alert thresholds and 
trending algorithms to determine appropriate metrics and levels 
to ensure that defect detector systems identify unsafe 
equipment or operations in time to take appropriate safety 
actions;
``(3) an evaluation of existing processes and procedures 
for decisionmaking and communication of appropriate safety 
actions necessary to address unsafe equipment or operations, 
including--
``(A) stoppage of rail equipment;
``(B) setting out rail equipment;
``(C) train speed reduction;
``(D) diverting a train; and
``(E) inspection requirements;
``(4) research to understand the capabilities and 
limitations of existing technologies in use or developed to 
better assess the plans required under the final rule issued 
pursuant to subsection (c); and
``(5) research to understand new or developing 
technologies.
``(c) Plan Elements.--
``(1) Risk-based.--Each defect detection system plan 
required under the final rule issued pursuant to subsection (d) 
shall be risk-based.
``(2) Contents.--Each plan referred to in paragraph (1) 
shall include--
``(A) a summary of the railroad's proposed defect 
detector network, including--
``(i) how the network will reduce the risk 
of incidents near population centers and on 
high-hazard train routes; and
``(ii) a description of how the network 
will be implemented by the deadline set forth 
in subsection (d)(1)(B);
``(B) a description of how the railroad's defect 
detection system meets or exceeds the defect detection 
performance standards described in subsection 
(d)(1)(D);
``(C) except as provided in paragraph (3), a risk-
based approach for identifying overheated wheel 
bearings that require the placement of the types and 
spacing of defect detectors--
``(i) for main lines traveling within an 
urbanized area with a population of at least 
75,000, at a distance that provides for any 
train operating along the railroad's route to 
undergo detection not less than 10 miles before 
entering such an area;
``(ii) for main lines not equipped with 
acoustic bearing detectors or other similar 
technology, at a distance averaging 15 route 
miles to the extent possible based on the 
physical characteristics of the route; and
``(iii) for main lines equipped with 
acoustic bearing detectors or other similar 
technology, at a distance averaging 20 route 
miles to the extent possible based on the 
physical characteristics of the route along 
which such detectors are being installed;
``(D) the types and spacing of other wayside defect 
detectors required to be placed, to the extent such 
detectors are utilized;
``(E) the manufacturer's expected performance for 
each type of defect detector and how the carrier will 
assess compliance with such performance;
``(F) procedures for promptly providing pertinent 
safety alerts to train employees, including locomotive 
engineers and conductors, train dispatchers, and 
relevant maintenance employees;
``(G) the ability to share relevant safety data 
from the defect detector network with other railroad 
carriers and with railcar owners;
``(H) policies and procedures for training 
employees regarding relevant elements of the defect 
detector system, including--
``(i) persons whose duties include 
installing, maintaining, repairing, modifying, 
inspecting, reviewing data, and testing safety-
critical elements of the railroad's defect 
detector, including central office, wayside, or 
onboard subsystems;
``(ii) persons who receive and review 
defect detector alerts; and
``(iii) persons who operate trains or serve 
as a train or engine crew member;
``(I) policies for maintaining 
records regarding the required elements 
of the rail defect detector network for 
not less than 5 years, which shall not 
include data on individual alerts; and
``(J) designs for the collection and analysis, 
including applicable alerts, thresholds, and 
corresponding safety actions.
``(3) Alternative hot bearing detection plan.--
``(A) Submission.--A rail carrier may comply with 
an alternative hot bearing detection plan instead of 
the requirements described in paragraph (2)(C) if--
``(i) the rail carrier submits such plan to 
the Secretary and the Secretary approves the 
plan; and
``(ii) the plan provides an equivalent or 
higher level of safety as the requirements 
described in paragraph (2)(B).
``(B) Triennial reviews.--Not less frequently than 
triennially, the Secretary shall review each 
alternative plan approved pursuant to subparagraph (A) 
to determine its continuing effectiveness at detecting 
bearing-related defects.
``(d) Rulemaking.--
``(1) In general.--Not later than 1 year after the date of 
the enactment of the Railroad Safety Enhancement Act of 2026, 
the Secretary shall initiate a rulemaking, and not later than 2 
years after such date of enactment, the Secretary shall issue a 
final rule, in compliance with Executive Order 12866 (5 U.S.C. 
601 note; relating to regulatory planning and review), that--
``(A) requires covered rail carriers to submit, not 
later than 1 year after the issuance of such final 
rule, defect detector network plans that include the 
elements described in subsection (c)(2);
``(B) requires the covered rail carrier to 
implement the plan required under paragraph (1) not 
later than 3 years after the issuance of such final 
rule;
``(C) creates procedures to review, approve, and 
monitor compliance of such plans;
``(D) establishes performance standards measured by 
the ability of a defect detection system to identify 
defects before a condition that is likely to result in 
an accident or incident, including how such ability 
will be measured and reported for data related to 
requirements;
``(E) requires the reporting of data regarding the 
defect defector network effectiveness, including defect 
detector failures;
``(F) creates requirements for covered rail 
carriers to test, inspect, and maintain any defect 
detector based on the evaluation completed pursuant to 
subsection (b)(1); and
``(G) establish appropriate thresholds for alerts 
and corresponding safety actions, to the extent 
necessary.
``(2) Updated standards.--The performance standards 
established pursuant to paragraph (1)(D) shall be updated not 
less frequently than once every 5 years.
``(e) Updates and Approvals.--
``(1) Updates.--Each entity subject to the mandate in 
subsection (a) shall update the plans required under subsection 
(d)(1)--
``(A) to reflect material changes to its railcar 
defect detector network; or
``(B) to address changes made to the performance 
standards pursuant to subsection (d)(2).
``(2) Approvals.--To ensure safety, the Secretary shall 
promptly review each plan submitted pursuant to subsection 
(d)(1), including the sufficiency of the performance standards 
required under subsection (c)(1)(D), and approve or reject each 
plan and update that is required to be submitted under this 
section.
``(3) Reviews for compliance.--Not less frequently than 
biannually, the Secretary shall conduct reviews to ensure that 
railroad carriers are complying with the plans required under 
paragraph (1).
``(4) Public availability.--Not later than 60 days after 
receipt, the Secretary shall make available to the public on 
the website of the Department of Transportation any plan or 
update submitted pursuant to this section, but the Secretary 
shall redact--
``(A) proprietary information, as verified by the 
Secretary; and
``(B) security-sensitive information, including 
information described in section 1520.5(a) of title 49, 
Code of Federal Regulations (or successor regulation), 
as verified by the Secretary.
``(f) Enforcement.--The Secretary may assess a civil penalty under 
chapter 213 of this title for any violation pursuant to the rulemaking 
under subsection (a) for--
``(1) each accident or incident on a route where the 
railroad is noncompliant with the plan approved under 
subsection (e)(2); and
``(2) failing to take any corresponding safety action to an 
alert as set forth in the approved plan pursuant to subsection 
(c)(2)(J).
``(g) Preservation of Authority.--Nothing in this section may be 
construed to restrict the authority of the Secretary.''.
(b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, as amended by section 105(a)(2), 
is further amended by adding at the end the following: ``20173. Defect 
detection systems.''.
(c) Temporary Defect Detection Assistance.--
(1) Formula grant program.--The Administrator of the 
Federal Railroad Administration shall establish a formula grant 
program to assist commuter railroads with installing defect 
detection technology.
(2) Eligible entities.--A commuter railroad that has a 
contract with a Class I railroad, as of May 1, 2023, that 
requires the commuter railroad to install defect detection 
technology that complies with the approved plan submitted 
pursuant to section 20173 of title 49, United States Code, is 
eligible to receive a grant under this subsection.
(3) Formula.--Grant funding under this subsection shall be 
allocated based on the number of defect detectors required to 
be installed to comply with section 20173 of title 49, United 
States Code.
(4) Requirements.--Any eligible entity that receives grant 
funding under this subsection shall comply with the grant 
conditions set forth in such section 22909(j).
(5) 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 subsection.

SEC. 108. SAFE FREIGHT ACT OF 2023.

(a) Short Title.--This section may be cited as the ``Safe Freight 
Act of 2023''.
(b) Freight Train Crew Size.--Subchapter II of chapter 201 of title 
49, United States Code, is amended by inserting after section 20153 the 
following:
``Sec. 20154. Freight train crew size safety standards
``(a) Minimum Crew Size.--Except as provided in subsections (b) and 
(c), a freight train operated by a Class I railroad may not be operated 
without a 2-person crew consisting of at least 1 appropriately 
qualified and certified conductor and 1 appropriately qualified and 
certified locomotive engineer.
``(b) Exceptions.--
``(1) In general.--Except as provided in paragraph (2), the 
requirement under subsection (a) shall not apply with respect 
to--
``(A) train operations on track that is not a main 
line track (as defined in section 20173(a)(2));
``(B) locomotives performing assistance to a train 
that has incurred mechanical failure or lacks the power 
to traverse difficult terrain, including traveling to 
or from the location where assistance is provided;
``(C) locomotives that--
``(i) are not attached to any equipment or 
are attached only to a caboose; and
``(ii) do not travel farther than 50 miles 
from the point of origin of such locomotive; 
and
``(D) train operations staffed with fewer than a 2-
person crew at least 1 year before the date of the 
enactment of the Safe Freight Act of 2023 unless the 
Secretary determines that such operations do not 
achieve an equivalent level of safety as would result 
from compliance with the requirement under subsection 
(a).
``(2) Trains ineligible for exception.--The exceptions 
under paragraph (2) may not be applied to--
``(A) a high-hazard train (as defined in section 
20155(a)); or
``(B) a train consist with a total length of at 
least 7,500 feet.
``(c) Waiver.--A railroad carrier may seek a waiver of the 
requirements under subsection (a) in accordance with section 20103(d).
``(d) Preservation of Authority.--Nothing in this section may be 
construed to restrict the authority of the Secretary.''.
(c) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is amended by inserting after the 
item relating to section 20153 the following: ``20154. Freight train 
crew size safety standards.''.

SEC. 109. INCREASED PENALTIES FOR VIOLATIONS OF RAIL SAFETY 
REGULATIONS.

(a) Railroad Safety Violations.--Section 21301(a) of title 49, 
United States Code, is amended--
(1) by striking paragraphs (1) and (2) and inserting the 
following:
``(1) A person may not fail to comply with a requirement 
of, a regulation prescribed under, or an order issued by, the 
Secretary under chapters 201 through 211. Subject to section 
21304, a person violating a requirement of, a regulation 
prescribed under, or an order issued by, the Secretary under 
chapters 201 through 211 is liable to the United States 
Government for a civil penalty. An act by an individual that 
causes a railroad carrier to be in violation constitutes a 
violation of this paragraph. A separate violation occurs for 
each day such violation continues.
``(2) The Secretary shall include in, or make applicable 
to, each requirement of, regulation prescribed under, and order 
issued under chapters 201 through 211 a civil penalty for a 
violation of such requirement, regulation, or order in an 
amount equal to--
``(A) at least $5,000 and not more than $1,000,000; 
or
``(B) if the person committing such violation is a 
small business concern (as such term is used in part 
121 of title 13, Code of Federal Regulations (or a 
successor regulation)), including a Class III railroad, 
at least $1,000 and not more than $200,000.'';
(2) by redesignating paragraphs (3) and (4) as paragraphs 
(5) and (6), respectively;
(3) by inserting after paragraph (2) the following:
``(3) If a violation described in paragraph (1) results in 
death, serious illness, or severe injury to any person, causes 
an imminent hazard of death or injury, or results in the 
substantial destruction of property, the Secretary may increase 
the civil penalty required under paragraph (2) to--
``(A) a maximum of $5,000,000; or
``(B) if the person committing such violation is a 
small business concern (as such term is used in part 
121 of title 13, Code of Federal Regulations (or a 
successor regulation)), a maximum of $500,000.
``(4) The Secretary may double the civil penalty otherwise 
required under paragraph (2) or (3) if the violation follows a 
pattern of repeated violations or otherwise reflects a 
deliberate indifference or conscious disregard to the 
consequences of the conduct.''; and
(4) in paragraph (6), as redesignated, by adding at the end 
the following: ``Such civil action may be brought in the 
judicial district in which the violation occurred or in which 
the defendant has its principal executive office. If the civil 
action is against an individual, the action may also be brought 
in the judicial district in which such individual resides.''.
(b) Hours of Service Violations.--Section 21301 of title 49, United 
States Code, is amended by adding at the end the following:
``(d) Additional Provisions Related to Violations of Chapter 211.--
(1) In any proceeding involving a violation of chapter 211, or a 
violation of a regulation or order issued pursuant to such chapter, a 
railroad carrier is deemed to have knowledge of the acts of its 
officers and agents.
``(2) A civil action involving a violation of chapter 211, 
or a violation of a regulation or order issued pursuant to such 
chapter, shall be brought in an appropriate district court of 
the United States not later than 2 years after the date of such 
violation unless administrative notification under section 3711 
of title 31 is given within such 2-year period to the person 
committing the violation. If such notification is given, the 
action shall be brought not later than the last day of the 5-
year period specified in section 2462 of title 28.
``(3) A separate violation of section 21106 occurs for each 
day employee sleeping quarters are not in compliance with the 
requirements under such section.''.
(c) Updates of Penalties for Inflation.--Notwithstanding any other 
provision of law, including the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (28 U.S.C. 2461 note), the inflation 
adjustment--
(1) for minimum penalty amounts amended by this section, 
and any discretionary inflation adjustment of guideline penalty 
amounts by the Secretary, shall be rounded to the nearest 
multiple of $100; and
(2) for maximum penalty amounts amended by this section, 
shall be rounded to the nearest multiple of $1,000.
(d) Repeal.--
(1) In general.--Chapter 213 of title 49, United States 
Code, is amended by striking sections 21302 and 21303.
(2) Clerical amendment.--The analysis for chapter 213 of 
title 49, United States Code, is amended by striking the items 
relating to sections 21302 and 21303.

SEC. 110. SAFER TANK CARS.

(a) Class 3 Flammable Liquids Phase-Out Schedule.--Beginning on 
December 31, 2027, no railroad tank car, regardless of its construction 
date, may be used to transport Class 3 flammable liquids in packing 
groups II and III (other than Class 3 flammable liquids listed in 
paragraphs (1) and (2) of section 7304(b) of the Hazardous Materials 
Transportation Safety Improvement Act of 2015 (49 U.S.C. 20155 note)), 
regardless of the composition of the train consist, unless such tank 
car meets or exceeds the DOT-117, DOT-117P, or DOT-117R specifications 
(as in effect on the date of the enactment of this Act), including DOT-
105A, DOT-105H, DOT-105J, DOT-105S, DOT-112H, DOT-112S, DOT-112J, DOT-
120J, and DOT-120S tank cars.
(b) Conforming Regulatory Amendments.--
(1) In general.--The Secretary--
(A) shall immediately remove or revise the date-
specific deadlines in any applicable regulations or 
orders to the extent necessary to conform with the 
requirement under subsection (a); and
(B) may not enforce any date-specific deadlines or 
requirements that are inconsistent with the requirement 
under subsection (a).
(2) Rule of construction.--Except as required under 
paragraph (1), nothing in this section may be construed to 
require the Secretary to issue regulations to implement this 
section.
(c) Amending the Phase-Out Date.--If the Secretary, based on the 
data contained in the report issued pursuant to subsection (d), 
determines that the phase-out date under subsection (a) cannot be met 
due to insufficient manufacturing capacity or would otherwise result in 
significant impacts to interstate commerce, the Secretary shall delay 
the phase-out scheduled under subsection (a) to December 31, 2028.
(d) GAO Review.--Not later than 18 months after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall issue a report to the Secretary, the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives 
that--
(1) identifies the manufacturing capacity of tank car 
manufacturers in North America, that manufacture tank cars to 
meet DOT-117 and DOT-117P specification requirements;
(2) identifies the retrofit capacity of tank car 
manufacturers and other entities in North America that can 
retrofit DOT-111 tank cars to meet DOT-117R specification 
requirements;
(3) estimates the schedule of replacing tank cars currently 
in service that are reaching the end of their life cycle;
(4) identifies the number of tank cars that need to be 
phased out or retrofitted under subsection (a) and paragraph 
(2) and the number that could be retrofitted; and
(5) estimates the demand for new tank cars.

SEC. 111. RAIL SAFETY INFRASTRUCTURE RESEARCH AND DEVELOPMENT GRANTS.

(a) Research Requirement.--The Administrator of the Federal 
Railroad Administration shall award grants, in accordance with the 
restrictions and limitation on eligibility for Class I railroads under 
section 22907 of title 49, United States Code, which shall be used for 
research and development of defect detectors and the prevention of 
derailments of trains transporting hazardous materials.
(b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Federal Railroad Administration, $22,000,000, which 
shall be used for the grants authorized under subsection (a) and shall 
remain available until expended.

SEC. 112. AUTHORIZATION OF APPROPRIATIONS FOR TANK CAR RESEARCH AND 
DEVELOPMENT.

There is authorized to be appropriated to the Pipeline and 
Hazardous Materials Safety Administration, $5,000,000, which shall be 
used for expenses related to the development of--
(1) stronger, safer tank cars and valves for tank cars; and
(2) other tank car safety features.

SEC. 113. FEDERAL RAILROAD ADMINISTRATION SAFETY CULTURE.

(a) Review.--Not later than 1 year after the date of the enactment 
of this Act, the Inspector General of the Department of Transportation 
shall--
(1) conduct a review of the Federal Railroad 
Administration's safety culture using the framework developed 
by the Nuclear Energy Agency of the Organisation for Economic 
Co-operation and Development; and
(2) submit a report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives that includes recommendations for improving the 
Federal Railroad Administration's safety culture.
(b) Considerations.--As a part of the review conducted pursuant to 
subsection (a)(1), the Inspector General shall consider the impacts of 
the Federal Railroad Administration's--
(1) reorganization of its safety offices and management 
structure;
(2) reorganization of its policy and research offices; and
(3) telework policies, including any change in policies 
since the beginning of the COVID-19 pandemic.
(c) Action Plan.--Not later than 1 year after the submission of the 
report required under subsection (a)(2), the Secretary shall submit to 
the Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the House of 
Representatives and post on a public-facing website an action plan that 
addresses the recommendations and findings made by the Inspector 
General in such report.

SEC. 114. GAO REPORT ON ROADWAY WORKER PROTECTIONS.

(a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall--
(1) conduct a review of currently available technologies 
for roadway workers (as defined in section 214.7 of title 49, 
Code of Federal Regulations) with protection from the hazards 
of being struck by a train or other on-track equipment in the 
United States; and
(2) submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report that summarizes the results of the 
review conducted under subparagraph (a), including 
recommendations, as the Comptroller General considers 
appropriate.
(b) Contents.--The report submitted under subsection (a)(2) shall--
(1) describe the frequency, type, and causes of incidences 
within the rail right-of-way associated with roadway workers 
being struck by a train or other on-track equipment, based on 
available data, including whether individuals were acting in 
compliance with the applicable rules, policies, procedures, and 
practices;
(2) describe the types of technologies referenced in 
subsection (a)(1) that are designed to reduce risk of injury 
and death when deployed as a secondary warning system to the 
standard operating procedures of a rail carrier, including for 
each technology--
(A) the primary function and features;
(B) the maturity, implementation readiness, and 
user experience;
(C) the frequency of implementation;
(D) any costs, including up front and ongoing 
maintenance costs, of the technology and other costs 
associated with the technology;
(E) safety benefits associated with the technology 
relative to current rules, policies, procedures, and 
practices; and
(F) ability to enhance protections for roadway 
workers without negatively impacting operational or 
network efficiencies;
(3) discuss the potential for such technologies to reduce 
or eliminate roadway worker accidents occurring within the rail 
right-of-way;
(4) describe any challenges or barriers to adoption of such 
safety technologies, including operational, technical, and 
network efficiency challenges or barriers; and
(5) assess the cost-beneficial nature of utilizing such 
technology as a secondary warning system.

SEC. 115. FEDERAL RAILROAD ADMINISTRATION SAFETY WORKFORCE MANAGEMENT.

Not later than 1 year after the date of the enactment of this Act, 
the Inspector General of the Department of Transportation shall submit 
a report to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure of 
the House of Representatives that contains the results of a review of 
the Federal Railroad Administration Office of Railroad Safety inspector 
and specialist staff resource management, including--
(1) an assessment of the changes in the number of Federal 
Railroad Administration safety inspectors and specialists, 
including--
(A) the number of safety inspector and specialist 
vacancies;
(B) the number of such positions requested in each 
of the budget requests for the last 10 fiscal years; 
and
(C) the actual workforce levels during each of such 
fiscal years;
(2) an assessment of geographic allocation plans, potential 
hiring and time-to-hire challenges, expected retirement rates, 
and recruitment and retention strategies;
(3) a description of any internal Federal Railroad 
Administration goals for compliance inspection rates across the 
network of regulated activities, and whether requested and 
actual safety inspector and specialist workforce levels align 
with such goals;
(4) whether the system used for the notification, 
processing, or storing of civil penalty enforcement cases and 
other compliance actions recommended by safety inspectors and 
specialists against railroads, shippers of hazardous materials, 
and other respondents effectively supports the Federal Railroad 
Administration's compliance inspection and enforcement program;
(5) whether any macroeconomic or other conditions exist or 
have existed under which it has been difficult for the Federal 
Railroad Administration to fill safety inspector and specialist 
vacancies, and the degree to which special rates of pay or 
other recruitment and retention practices could ameliorate or 
could have ameliorated such difficulty; and
(6) recommendations for any reforms that could--
(A) improve the recruitment, hiring, and retention 
of Federal Railroad Administration safety inspectors 
and specialists, including potential quality of life 
and workplace improvements;
(B) improve Federal Railroad Administration 
workforce management processes; or
(C) increase the capacity for inspection 
activities, if such capacity is identified as 
deficient, at the Federal Railroad Administration, 
including activities relating to the transportation of 
hazardous materials.

SEC. 116. OFFICE OF PERSONNEL MANAGEMENT REVIEW OF SAFETY INSPECTOR AND 
SPECIALIST CLASSIFICATIONS.

(a) Revising Railroad Safety Series.--Not later than 270 days after 
the date of the enactment of this Act, the Director of the Office of 
Personnel Management shall--
(1) complete a review of the Railroad Safety Series, GS-
2121, TS-37; and
(2) subject to subsection (b), revise the series referred 
to in paragraph (1), as appropriate, to reflect factors 
impacting the Federal Railroad Administration's oversight of 
the railroad industry, including--
(A) current critical Federal Railroad 
Administration disciplines; and
(B) technological advancements and operational 
conditions within the railroad industry.
(b) Report.--Not later than 30 days after completing the review 
required under subsection (a), if the Director determines that a 
revision of the Railroad Safety Series is not appropriate, the Director 
shall submit a report to the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on Commerce, Science, 
and Transportation of the Senate, the Committee on Oversight and 
Government Reform of the House of Representatives, and the Committee on 
Transportation and Infrastructure of the House of Representatives 
that--
(1) explains the findings of the review required under 
subsection (a); and
(2) justifies the determination not to make revisions to 
the Railroad Safety Series.

SEC. 117. ALCOHOL AND DRUG TESTING.

Not later than 1 year after the date of the enactment of this Act, 
the Secretary shall amend part 219 of title 49, Code of Federal 
Regulations, to require any employee who, on behalf of a railroad, 
inspects locomotives, passenger cars, railcars, or other on-track 
equipment, to be subject to the breath or body fluid testing required 
under subparts C, D, and E of such part.

SEC. 118. CONFIDENTIAL CLOSE CALL REPORTING SYSTEM.

(a) Requirements for Close Call Reporting System.--The 
Administrator of the National Aeronautics and Space Administration and 
the Administrator of the Federal Railroad Administration shall jointly 
ensure that any close call reporting system carried out by such 
Administrators provides for the following:
(1) Each report of a close call event made to such 
reporting system shall be confidential.
(2) An individual submitting a report to such system may 
include an audio or video file that was captured on the 
personal device of such individual.
(3) Each report submitted to such system shall contain the 
location of the event, including, as applicable, the global 
positioning system coordinates of such event.
(4) A report with respect to any craft shall be eligible 
for submission to such system.
(5) The Administrator of the National Aeronautics and Space 
Administration or the Administrator of the Federal Railroad 
Administration may take a remedial action or an action to 
improve safety, or require a railroad to take an action, based 
solely on a report or a subset of reports submitted to the 
system.
(b) Application of Close Call Reporting to Amtrak.--Each Class I 
railroad and Amtrak shall, not later than 60 days after the date of 
enactment of this Act, enroll in the confidential close call reporting 
system for a period of 2 years.

SEC. 119. ASKRAIL APPLICATION.

(a) In General.--In order to be eligible for financial assistance 
under section 22907 or 24911 of title 49, United States Code, a State 
department of transportation shall notify first responders about the 
AskRail application, if a Class 1 railroad operates within the State, 
not later than 180 days after receiving such financial assistance.
(b) FRA Notification.--If a State is subject to subsection (a), 
each State department of transportation shall submit to the Federal 
Rail Administration--
(1) evidence of the notification required under such 
subsection; and
(2) a certification that such State has completed the 
requirement.
(c) AskRail Connectivity Pilot Program.--
(1) Establishment.--The Administrator of the Federal 
Railroad Administration shall establish a pilot program to 
support connectivity for the AskRail application for first 
responders during railway accidents.
(2) Consultation.--In carrying out this subsection, the 
Administrator, the Federal Communications Commission, and the 
Department of Agriculture, in consultation with the National 
Telecommunications and Information Administration, shall 
identify and prioritize areas along the national rail network 
in most need of connectivity.
(3) Pilot program requirements.--In carrying out the pilot 
program required under paragraph (1), the Administrator shall--
(A) not later than 90 days after the date of 
enactment of this Act, solicit proposals from entities 
or coalitions of entities to conduct activities under 
the pilot program; and
(B) enter into cooperative agreements with at least 
1 but not more than 4 entities to undertake activities 
under the pilot program, which may include past 
performance and experience with--
(i) deploying connectivity technology and 
infrastructure in rural and remote locations, 
including satellite broadband technology, 
supplemental coverage from space, or fixed 
wireless technology; and
(ii) contracting with emergency response 
providers, including Federal, State, and local 
governmental and nongovernmental emergency 
public safety, fire, law enforcement, emergency 
response, emergency medical (including hospital 
emergency facilities), and related personnel, 
agencies, and authorities.
(4) Activities.--In carrying out the pilot program required 
under paragraph (1), the Administrator shall contract with 
eligible entities to provide broadband internet access service, 
fixed wireless technology or supplemental coverage from space.
(5) Eligibility.--An eligible entity to carry out 
activities under the pilot program includes--
(A) a broadband internet access service provider;
(B) a satellite internet provider; and
(C) a provider of supplemental coverage from space 
or fixed wireless technology.
(6) Authorization of appropriations.--There is authorized 
to be appropriated to carry out this subsection $25,000,000 for 
each of the fiscal years 2026 through 2029, to remain available 
until expended.
(7) Report to congress.--Not later than 1 year after the 
conclusion of the pilot program, the Administrator shall submit 
to the Committee on Commerce, Science and Transportation of the 
Senate and Committee on Transportation and Infrastructure of 
the House of Representatives a report on--
(A) the effectiveness and usage of the technologies 
or infrastructure utilized and deployed in such 
program;
(B) recommendations about their suitability for 
deployment across further portions of the national rail 
network; and
(C) recommendations to update grant priorities and 
eligibility guidance for administering railway safety 
Federal grant and loan programs to encourage investing 
in and modernizing emergency communications 
capabilities, including satellite internet providers, 
fixed wireless technology, and the nationwide public 
safety broadband network, as defined in section 6001 of 
the Middle Class Tax Relief and Job Creation Act of 
2012 (47 U.S.C. 1401).

SEC. 120. INCREASED FUNDING FOR THE RAILROAD CROSSING ELIMINATION GRANT 
PROGRAM.

Section 22104(a) of the Infrastructure Investment and Jobs Act 
(Public Law 117-58) is amended to read as follows:
``(a) In General.--
``(1) Authorization of appropriations.--There is authorized 
to be appropriated to the Secretary for grants under section 
22909 of title 49, United States Code, $1,500,000,000 for each 
of fiscal years 2026 through 2029.
``(2) Summary required.--In order to be eligible for the 
funds authorized under paragraph (1), a State department of 
transportation shall submit to the Federal Railroad 
Administration a summary of the most dangerous grade crossings 
in the State.''.

SEC. 121. TRAIN APPROACH WARNING.

Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall promulgate or update such regulations 
as are necessary to require that all railroads provide warning 
equipment to railroad watchmen and lookouts for roadway workers that--
(1) include whistles, air horns, white disks or red flags, 
or lanterns; and
(2) may only include the use of a verbal warning if a 
single worker receiving such warning is within arm's reach of 
the individual issuing such warning.

TITLE II--HAZARDOUS MATERIALS EMERGENCY RESPONSE AND PREPAREDNESS

SEC. 201. HAZARDOUS MATERIALS REGISTRATION FEES.

Section 5108(g) of title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``(1) The Secretary'' and 
inserting the following:
``(1) In general.--The Secretary''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``(C) The 
Secretary'' and inserting the following:
``(D) Transfer and deposit.--The Secretary'';
(B) in subparagraph (B), by striking ``(B) The 
Secretary'' and inserting the following:
``(C) Adjustment.--The Secretary''; and
(C) by striking ``(2)(A) In addition'' and all that 
follows through the period at the end of clause (ix) of 
subparagraph (A) and inserting the following:
``(2) Annual fee.--
``(A) Establishment.--In addition to a fee 
established under paragraph (1), the Secretary shall 
establish and impose by regulation and collect an 
annual fee.
``(B) Requirement.--Subject to subparagraph (C), 
the fee established under subparagraph (A) shall be--
``(i) at least $250 but not more than $500 
from each person that--
``(I) is required to file a 
registration statement under this 
section; and
``(II) is identified as a small 
business (within the meaning of part 
121 of title 13, Code of Federal 
Regulations (or successor 
regulations)); and
``(ii) at least $500 but not more than 
$5,000 from each person that--
``(I) is required to file a 
registration statement under this 
section; and
``(II) is not identified as a small 
business (within the meaning of part 
121 of title 13, Code of Federal 
Regulations (or successor 
regulations)).''.

SEC. 202. VIRTUAL TRAINING OPTIONS.

Section 5115(b)(1) of title 49, United States Code, is amended--
(1) in subparagraph (B), by striking ``and'' after the 
semicolon at the end; and
(2) by adding at the end the following:
``(D) recommendations for the development of 
courses described in subparagraph (B) that have been 
adapted for virtual learning and any courses for which 
the Secretary has recommended adaptation to provide 
virtual options, subject to the condition that the 
Secretary ensures that the virtual options recommended 
will provide an equivalent level of training as in-
person courses; and''.

SEC. 203. HAZARDOUS MATERIALS TRANSPORTATION EMERGENCY RESPONSE AND 
PREPAREDNESS GRANTS.

(a) In General.--Section 5116 of title 49, United States Code, is 
amended--
(1) by striking the section designation and heading and 
inserting the following:
``Sec. 5116. Hazardous materials transportation emergency response and 
preparedness'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking 
``and'' after the semicolon at the end;
(ii) in subparagraph (C)--
(I) by striking ``public sector 
employees'' and inserting ``emergency 
response personnel''; and
(II) by striking the period at the 
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(D) until September 31, 2026, to purchase 
personal protective equipment, as determined by the 
Secretary, needed to respond to a hazardous materials 
emergency response incident, consistent with paragraph 
(7) and subject to the condition that not more than 50 
percent of the funds made available under this 
subsection may be used for that purpose;
``(E) to conduct and organize simulated and field 
exercises relating to hazardous materials 
transportation incidents; and
``(F) to develop a hazardous materials 
transportation emergency response preparedness gap 
analysis in accordance with paragraph (9).'';
(B) in paragraph (5)(A)--
(i) in clause (i), by striking ``public 
sector employees being trained'' and inserting 
``emergency response personnel being trained 
virtually or in person'';
(ii) in clause (ii), by striking 
``employees'' and inserting ``personnel'';
(iii) in clause (iii)--
(I) by striking ``employees'' and 
inserting ``personnel''; and
(II) by striking ``and'' after the 
semicolon at the end; and
(iv) by adding at the end the following:
``(v) to cover the costs of personnel 
needed to replace any personnel being trained; 
and
``(vi) to cover lost wages for any 
volunteer being trained, up to a reasonable 
amount determined by the Secretary;'';
(C) in paragraph (6)--
(i) by striking subparagraph (A) and 
inserting the following:
``(A) whether grant funds will be used to support 
the ability of the United States to respond to 
hazardous materials incidents near infrastructure 
commonly used to transport hazardous materials;''; and
(ii) in subparagraph (B), by striking 
``amounts'' and inserting ``number of 
shipments'';
(D) by redesignating paragraphs (5) and (6) as 
paragraphs (6) and (8), respectively;
(E) by inserting after paragraph (4) the following:
``(5)(A) Subject to subparagraph (C), any State receiving a 
grant under this subsection shall, not later than 180 days 
after receiving the grant funds, make available to eligible 
local entities--
``(i) not less than 70 percent of the grant 
funds; or
``(ii) eligible services or activities 
described in paragraph (1) having a value of 
not less than 70 percent of the amount of the 
grant.
``(B) A State shall certify to the Secretary that 
the State has made the distribution to eligible local 
entities required under paragraph (1) by providing such 
information as the Secretary shall require.
``(C)(i) The Governor of a State may request in 
writing that the Secretary extend the period under 
subparagraph (A) for an additional period of time.
``(ii) The Secretary may approve a request 
under clause (i) if the Secretary determines 
that the delay in providing grant funding to 
eligible local entities pursuant to the 
extension is necessary to promote effective 
investments to prepare for or respond to 
hazardous materials transportation incidents.
``(D) Subparagraph (A) shall not apply to Tribes, 
the District of Columbia, the Commonwealth of Puerto 
Rico, American Samoa, the Commonwealth of the Northern 
Mariana Islands, Guam, or the Virgin Islands.
``(E) An eligible local entity may petition the 
Secretary to request that grant funds be provided by 
the Secretary directly to the eligible local entity if 
a State fails to apply for a grant under this 
subsection.
``(F) In making grant funds available to eligible 
local entities under subparagraph (A), States shall 
consider whether the eligible local entity has a high 
proportion of volunteer emergency responders.
``(G) For purposes of this paragraph, the term 
`eligible local entity' means each of the following:
``(i) A political subdivision of a State.
``(ii) A public emergency response 
organization.'';
(F) by inserting after paragraph (6) (as so 
redesignated) the following:
``(7) A recipient of funds provided under this subsection 
may use the funds to purchase personal protective equipment 
only if the recipient agrees to properly maintain and store 
that personal protective equipment.''; and
(G) by inserting after paragraph (8) (as so 
redesignated) the following:
``(9)(A) Each hazardous materials transportation emergency 
response preparedness gap analysis shall include--
``(i) an identification of gaps and 
limitations of the hazard response program of 
the applicable jurisdiction, including--
``(I) knowledge and personal 
protective equipment gaps; and
``(II) gaps in training, including 
Incident Command Management training 
and ASTM Standard E3241 training; and
``(ii) a strategic plan to address the gaps 
and limitations identified under clause (i).
``(B) In developing a hazardous materials 
transportation emergency response preparedness gap 
analysis under subparagraph (A), the entity preparing 
the analysis shall--
``(i) coordinate with Regional Response 
Teams (as described in section 300.115 of title 
40, Code of Federal Regulations (or a successor 
regulation));
``(ii) include States, Tribes, hazardous 
materials emergency response programs, local 
governments, and emergency response personnel 
(including fire service organizations) in that 
development, as appropriate; and
``(iii) provide an opportunity for States, 
Tribes, hazardous materials emergency response 
programs, local governments, and emergency 
response personnel (including fire service 
organizations) to review and comment on the 
analysis before the analysis is published.'';
(3) in subsection (d)--
(A) in the second sentence, by striking ``Amounts'' 
and inserting the following:
``(2) Certain amounts.--Amounts'';
(B) in the first sentence, by striking ``A grant 
under this section is for 80 percent of the cost the 
State or Indian tribe incurs'' and inserting the 
following:
``(1) In general.--A grant under this section is for 90 
percent of the costs incurred by a State, or 100 percent of the 
costs incurred by a Tribe,''; and
(C) by adding at the end the following:
``(3) In-kind contributions.--For purposes of this 
subsection, the contributions of a State or Tribe toward the 
costs of an activity funded by a grant under this section may 
be in the form of in-kind contributions.'';
(4) in subsection (h)--
(A) in the second sentence--
(i) in paragraph (4), by striking ``2 
percent'' and inserting ``4 percent'';
(ii) by redesignating paragraphs (1) 
through (4) as subparagraphs (A) through (D), 
respectively, and indenting appropriately; and
(iii) in the matter preceding subparagraph 
(A) (as so redesignated), by striking 
``Without'' and inserting the following:
``(2) Uses.--Without'';
(B) in the first sentence--
(i) by striking ``section 5108(g)(2)(C) of 
this title'' and inserting ``section 
5108(g)(2)(D)''; and
(ii) by striking ``The Secretary'' and 
inserting the following:
``(1) In general.--The Secretary''; and
(C) by adding at the end the following:
``(3) Set aside.--
``(A) In general.--The amounts collected under 
section 5123--
``(i) shall be set aside for the purpose of 
carrying out subsection (k); and
``(ii) shall be available, without further 
appropriation, for that purpose.
``(B) Application.--The set-aside described in 
subparagraph (A)--
``(i) shall apply until the earliest date 
on which the total amount set aside and 
available for expenditure under that 
subparagraph equals or exceeds $50,000,000; and
``(ii) after that date, shall apply to each 
subsequent period--
``(I) beginning on a date on which 
the total amount set aside and 
available for expenditure under that 
subparagraph is less than $20,000,000; 
and
``(II) ending on the earliest 
subsequent date on which the total 
amount set aside and available for 
expenditure under that subparagraph 
equals or exceeds $50,000,000.'';
(5) in subsection (k)--
(A) in paragraph (3), by striking ``such planning 
and training programs'' and inserting ``each grant 
program'';
(B) by redesignating paragraphs (1) through (4) as 
subparagraphs (A), (B), (D), and (E), respectively, and 
indenting appropriately;
(C) by inserting after subparagraph (B) (as so 
redesignated) the following:
``(C) a description of any personal protective 
equipment purchased using grant funds;''; and
(D) in the matter preceding subparagraph (A) (as so 
redesignated)--
(i) in the first sentence, by striking ``an 
annual report''; and
(ii) by striking ``the report to the 
public'' in the first sentence and all that 
follows through ``grants and include--'' in the 
third sentence and inserting the following: 
``to the public an annual report that--
``(1) includes information on the allocation and uses of 
the grants made available under--
``(A) this section; and
``(B) subsections (e) and (i) of section 5107;
``(2) identifies the ultimate recipients of those grants;
``(3) identifies the amount of funding available for each 
grant;
``(4) describes any unobligated balances, total annual 
drawdown by each grantee, and recovered balances;
``(5) includes the amount of funding rescinded, by grant 
recipient, for each grant; and
``(6) includes--'';
(6) by striking ``tribe'' each place it appears and 
inserting ``Tribe''; and
(7) by striking ``tribes'' each place it appears and 
inserting ``Tribes''.
(b) Assistance for Local Emergency Response Training.--Section 
5116(j)(1)(A) of title 49, United States Code, is amended by striking 
``liquids'' and inserting ``materials''.
(c) Authorization of Appropriations.--Section 5128(b) of title 49, 
United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking 
``Hazardous Materials Preparedness Fund'' and inserting 
``Hazardous Materials Emergency Preparedness Fund'';
(2) in paragraph (3), by striking ``section 5116(h)(3); 
and'' and inserting ``section 5116(h)(2)(C);''; and
(3) by striking paragraph (4) and inserting the following:
``(4) $4,000,000 to carry out section 5116(i); and
``(5) $1,000,000 to carry out section 5116(j).''.
(d) Clerical Amendment.--The analysis for chapter 51 of title 49, 
United States Code, is amended by striking the item relating to section 
5116 and inserting the following: ``5116. Hazardous materials 
transportation emergency response and preparedness.''.
(e) Conforming Amendments.--
(1) Section 5102 of title 49, United States Code, is 
amended by striking paragraph (6) and inserting the following:
``(6) `Indian tribe', `Indian Tribe', and `Tribe' have the 
meaning given the term `Indian Tribe' in section 4 of the 
Indian Self-Determination and Education Assistance Act (25 
U.S.C. 5304).''.
(2) Section 5123 of title 49, United States Code, is 
amended by striking subsection (g) and inserting the following:
``(g) Transfer of Amounts Collected.--Amounts collected under this 
section shall be transferred to the Hazardous Materials Emergency 
Preparedness Fund established under section 5116(h).''.

SEC. 204. EMERGENCY RESPONSE ASSISTANCE.

Section 5116 of title 49, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l);
(2) by inserting after subsection (j) the following:
``(k) Emergency Response Assistance.--
``(1) Definitions.--In this subsection:
``(A) Significant hazardous materials 
transportation incident.--The term `significant 
hazardous materials transportation incident' means an 
incident that--
``(i) involves hazardous materials being 
moved by a motor carrier or rail carrier;
``(ii) requires a response by at least 1 
eligible entity described in paragraph (6) for 
which the Secretary estimates the costs to the 
eligible entity to be at least $15,000; and
``(iii) results in a serious injury, 
fatality, or substantial property damage.
``(B) Substantial property damage.--The term 
`substantial property damage' means damage to public or 
private property or the environment (including clean up 
costs) the Secretary reasonably estimates to be more 
than $45,000.
``(2) Establishment of program.--Not later than 1 year 
after the date of enactment of the Railroad Safety Enhancement 
Act of 2026, the Secretary, in consultation with the 
Administrator of the Federal Emergency Management Agency and 
the Administrator of the Environmental Protection Agency, after 
providing an opportunity for notice and comment, shall 
establish an emergency response assistance program to provide 
immediate financial assistance to communities responding to a 
significant hazardous materials transportation incident.
``(3) Significant hazardous materials transportation 
incident.--
``(A) In general.--The Secretary shall have the 
authority to declare a significant hazardous materials 
transportation incident.
``(B) Guidelines.--The Secretary shall establish 
and publish guidelines to determine whether a 
significant hazardous materials transportation incident 
has occurred.
``(4) Release of funds.--
``(A) In general.--The Secretary shall immediately 
make available from the amount set aside under 
subsection (h)(3) in the Hazardous Materials Emergency 
Preparedness Fund established under subsection (h)(1) 
(referred to in this subsection as the `Fund') up to 
$10,000,000 to quickly reimburse eligible entities 
described in paragraph (6) that responded to a 
significant hazardous materials transportation incident 
if--
``(i) the Secretary declares the incident a 
significant hazardous materials transportation 
incident; and
``(ii) at least 14 days but not later than 
21 days after the declaration of a significant 
hazardous materials transportation incident, 
the Secretary determines, in accordance with 
paragraph (8), that the responsible party does 
not have an acceptable reimbursement plan.
``(B) Additional funds.--In addition to any amounts 
made available under subparagraph (A), the Secretary 
shall make additional funding available from the amount 
set aside under subsection (h)(3) in the Fund if the 
Secretary determines that the additional funding is 
necessary.
``(C) 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 (8).
``(5) Administration of funds.--The Secretary may provide 
funds from the amount set aside under subsection (h)(3) in the 
Fund to a State in which a hazardous materials transportation 
incident occurred for the State to use and administer 
reimbursements in accordance with this subsection, including by 
providing funds to eligible entities described in paragraph 
(6).
``(6) Eligible entities described.--The eligible entities 
referred to in paragraphs (4)(A) and (5) are--
``(A) States, territories, and Tribes;
``(B) political subdivisions of a State or 
territory; and
``(C) public emergency response organizations.
``(7) Use of funds.--
``(A) In general.--Funds made available under 
paragraph (4) or (5) may be used only--
``(i) for the cost of replacing personal 
protective equipment that is damaged, 
contaminated, or otherwise rendered unusable as 
a result of the response of the eligible entity 
to a significant hazardous materials 
transportation incident;
``(ii) for overtime pay of employees of 
eligible entities that responded to the scene 
of a significant hazardous materials 
transportation incident;
``(iii) for operational costs exceeding 
standard operating expenses that are directly 
related to the cost of responding to the 
significant hazardous materials transportation 
incident, such as the costs of running a 
supplementary emergency response center;
``(iv) for the cost of providing baseline 
health care assessments to emergency response 
personnel who responded to the significant 
hazardous materials transportation incident, 
but not more than $1,000 per person, which 
shall be adjusted annually for inflation; and
``(v) to reimburse an eligible entity for 
an eligible cost described in any of clauses 
(i) through (iv) that is incurred within 30 
days of the date of a significant hazardous 
materials transportation incident.
``(B) Documentation of costs.--Not later than 1 
year after the date on which the Secretary declares a 
significant hazardous materials transportation incident 
for which an eligible entity receives assistance under 
this subsection, the eligible entity shall submit to 
the Secretary documentation for each item for which 
that assistance was used pursuant to the eligible uses 
of funds described in subparagraph (A).
``(C) Misuse of funds.--If the Secretary determines 
that an eligible entity has used assistance received 
under this subsection in a manner that violates 
subparagraph (A) or any other provision of this 
subsection, the eligible entity shall reimburse the 
Fund (if the assistance was provided from the Fund) or 
the responsible party (if the assistance was provided 
by the responsible party), for the amount of that 
assistance.
``(8) Acceptable plan.--
``(A) In general.--For purposes of paragraph 
(4)(A)(ii), the Secretary shall consider a 
reimbursement plan of a responsible party to be 
acceptable if the plan seeks to review and process 
claims made by eligible entities for the costs 
described in paragraph (7) not later than 90 days after 
the date of the significant hazardous materials 
transportation incident.
``(B) Advance submission; certain plans.--
``(i) Advance submission.--A plan to 
provide reimbursement to eligible entities in 
accordance with subparagraph (A) may be 
submitted to the Secretary for approval in 
advance of any significant hazardous materials 
transportation incident to which the plan might 
apply.
``(ii) Certain plan.--A hazardous materials 
emergency response plan approved by the 
Secretary in accordance with section 20155(e) 
shall be considered an acceptable plan for 
purposes of this subsection.
``(9) Reimbursement by responsible party.--
``(A) In general.--Subject to subparagraph (F), the 
party responsible for a significant hazardous materials 
transportation incident shall be liable to the 
Secretary for reimbursement of all amounts disbursed 
from the Fund under this subsection for that 
significant hazardous materials transportation 
incident.
``(B) Requirement.--Any funding recovered by the 
Secretary under this subsection shall be deposited back 
into the Fund.
``(C) Notice.--After the Secretary has received the 
documented costs under paragraph (7)(B), the Secretary 
shall provide notice to the responsible party regarding 
the total amount owed.
``(D) Final agency action.--Not later than 30 days 
after the Secretary makes a determination of the amount 
for which the responsible party is liable under 
subparagraph (A), the responsible party may challenge 
that determination as a final agency action.
``(E) Civil action.--
``(i) 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 amounts.
``(ii) Limitation on judicial review.--In a 
civil action under clause (i), the amount for 
which a responsible party is liable, as 
determined by the Secretary, unless challenged 
under subparagraph (D), shall not be subject to 
judicial review.
``(F) Discretion.--If the responsible party is a 
small business concern (within the meaning of part 121 
of title 13, Code of Federal Regulations (or successor 
regulations)) that is unable to fully reimburse the 
Secretary, the Secretary shall have discretion with 
respect to the amount of funds the Secretary requests 
from the responsible party under this paragraph.
``(10) Streamlined application process.--The Secretary 
shall streamline the application process for the receipt of 
funds under this subsection, including by--
``(A) providing technical assistance to eligible 
entities; and
``(B) creating a template that eligible entities 
can use to apply for funding.
``(11) Savings provisions.--
``(A) Liability.--Nothing in this subsection 
limits, or may be construed to limit, the liability of 
a responsible party.
``(B) Reimbursement.--
``(i) In general.--A responsible party may, 
in accordance with any other applicable law--
``(I) seek to establish that 
another party was responsible, in whole 
or in part (as such other law allows), 
for the applicable significant 
hazardous materials transportation 
incident; and
``(II) seek reimbursement (to the 
extent such other law allows) from that 
other party.
``(ii) Effect of subsection.--Nothing in 
this subsection limits, or may be construed to 
limit, the ability of a responsible party to 
seek reimbursement from any other party found 
to be responsible in any civil action arising 
from the applicable significant hazardous 
materials transportation incident.
``(iii) 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 (ii).
``(iv) Effect of reimbursements and other 
activities.--No activity taken under this 
subsection to reimburse an eligible entity, 
reimburse the Secretary, prepare or carry out a 
reimbursement plan, or otherwise comply with or 
make a payment under this subsection shall be 
considered or otherwise have any effect with 
respect to the determination of liability in 
any civil action described in clause (ii).
``(12) Comptroller general report.--
``(A) In general.--Not later than September 30, 
2027, the Comptroller General of the United States 
shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report on the effectiveness this 
subsection.
``(B) Contents.--The report submitted under 
subparagraph (A) shall include, at a minimum, 
information on--
``(i) the number of significant hazardous 
materials transportation incidents that 
received funding under this subsection;
``(ii) the amount of financial assistance 
the Secretary provided to eligible entities;
``(iii) the amount of financial assistance 
responsible parties submitted to the Secretary 
under paragraph (9);
``(iv) the amount of reimbursement the 
Secretary received from eligible entities as 
required under paragraph (7)(C);
``(v) whether the amounts provided by the 
Secretary under this subsection adequately 
reflect the amounts actually spent by the 
eligible entities;
``(vi) whether the Secretary was able to 
provide the financial assistance quickly enough 
to the eligible entities so that the assistance 
effectively supported the preparedness of the 
eligible entities to respond to potential 
future incidents; and
``(vii) any other factors the Comptroller 
General of the United States considers to be 
appropriate to review the effectiveness of this 
subsection.''; and
(3) by adding at the end the following:
``(m) Definitions.--In this section:
``(1) Emergency response personnel.--The term `emergency 
response personnel' means--
``(A) an employee of a State, territory, Tribe, or 
political subdivision of a State; and
``(B) a person belonging to a public emergency 
response organization.
``(2) Public emergency response organization.--
``(A) In general.--The term `public emergency 
response organization' means--
``(i) a fire department that has an all-
paid force of firefighting personnel other than 
paid-on-call firefighters;
``(ii) a fire department that has--
``(I) paid firefighting personnel; 
and
``(II) volunteer firefighting 
personnel;
``(iii) a nonaffiliated EMS organization; 
and
``(iv) a fire department that has an all-
volunteer force of firefighting personnel.
``(B) Associated definition.--For purposes of 
subparagraph (A)(iii), the term `nonaffiliated EMS 
organization' means a public or private nonprofit 
emergency medical services organization that--
``(i) is not affiliated with a hospital; 
and
``(ii) does not serve a geographic area for 
which the Secretary or a State finds that 
emergency medical services are adequately 
provided by a fire department.''.
<all>