H.R. 9409

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9409 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 9409

To prohibit certain operations of remote control locomotives, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 23, 2026

Mr. Kennedy of New York (for himself and Mr. Lawler) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure

_______________________________________________________________________

A BILL

To prohibit certain operations of remote control locomotives, 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.

This Act may be cited as the ``Remote Control Locomotives Safety 
Improvement Act of 2026''.

SEC. 2. LIMITATIONS ON REMOTE CONTROL LOCOMOTIVES.

(a) Prohibitions.--A railroad carrier may not--
(1) operate a train outside a yard without a human 
locomotive engineer physically located inside the cab of the 
lead locomotive who has the ability to take control of the 
operation of the train; or
(2) operate a remote control locomotive on a main line.
(b) Requirement for Operation on a Main Line.--
(1) Certified locomotive engineer.--A railroad carrier may 
not operate a train on a main line unless such train has a lead 
locomotive with a locomotive cab operated by a locomotive 
engineer certified under part 240 of title 49, Code of Federal 
Regulations, who is physically located inside the locomotive 
cab.
(2) Statutory construction.--Nothing in this subsection 
shall be construed to allow a locomotive engineer or conductor 
solely certified under part 240 of title 49, Code of Federal 
Regulations, as a remote-control operator to operate a train 
described in paragraph (1).
(c) Waiver Process.--Notwithstanding any other provision of Federal 
law or regulation, the Secretary may not waive the requirements of this 
section for--
(1) a class I railroad;
(2) a class II railroad; or
(3) any train operating on track classified as class 1 or 
above, as described in part 213 of title 49, Code of Federal 
Regulations.
(d) Applicability.--
(1) Rulemaking requirements.--The requirements of section 
553 of title 5, United States Code, shall not apply to this 
section.
(2) Effective date.--This section shall take effect on the 
date of enactment of this Act.

SEC. 3. AUDITS AND INSPECTIONS.

The Administrator of the Federal Railroad Administration shall--
(1) not later than 180 days after the date of enactment of 
this Act--
(A) carry out an audit and inspection of each class 
I railroad; and
(B) take any necessary actions to ensure each such 
class I railroad is complying with the requirements of 
this Act; and
(2) not later than 1 year after the date of enactment of 
this Act, carry out unscheduled audits and inspections, as 
necessary, on any rail carrier covered by this Act that is not 
a class I railroad to ensure compliance with the requirements 
of this Act.

SEC. 4. REGULATORY AUTHORITY.

Except as provided for in section 2(d), the Secretary of 
Transportation shall issue such regulations as are necessary to carry 
out this Act, including any updates or conforming changes to part 
229.15 of title 49, Code of Federal Regulations.

SEC. 5. FINES FOR VIOLATIONS.

(a) Penalty.--Subject to section 21304 of title 49, United States 
Code, a person violating this Act or a regulation or an order issued by 
the Secretary pursuant to this Act is liable to the United States 
Government for a civil penalty. A separate violation occurs for each 
day the violation continues.
(b) Amount.--The amount of the penalty shall be the greater of 1 
percent of the person's annual income or annual operating income or 
$1,000,000.
(c) Process.--The requirements in subsections (a)(3), (a)(4), (b), 
and (c) of section 21301 of title 49, United States Code, shall apply 
to any penalty imposed by the Secretary pursuant to this section.

SEC. 6. DEFINITIONS.

In this Act:
(1) Class i, ii, and iii railroads; railroad carrier.--The 
terms ``class I railroad'', ``class II railroad'', ``class III 
railroad'', and ``railroad carrier'' have the meanings given 
such terms in section 20102 of title 49, United States Code.
(2) Lead locomotive.--The term ``lead locomotive'' means 
the first locomotive proceeding in the direction of movement.
(3) Locomotive cab.--The term ``locomotive cab'' means the 
compartment or space on board a locomotive where the control 
stand is located and which is normally occupied by the engineer 
when the locomotive is operated.
(4) Main line.--The term ``main line'' means a segment or 
route of railroad tracks over which 5,000,000 or more gross 
tons of railroad traffic is transported annually.
(5) Remote control locomotive.--The term ``remote control 
locomotive''--
(A) means a remote control locomotive that, through 
use of a radio link, can be operated by a person not 
physically within the locomotive cab; and
(B) does not include a locomotive or group of 
locomotives remotely controlled from the lead 
locomotive of a train, as in a distributed power 
arrangement.
(6) Remote control operator.--The term ``remote control 
operator'' means a locomotive engineer, as defined in section 
240.7 of title 49, Code of Federal Regulations, certified by a 
railroad to operate remote control locomotives pursuant to 
section 240.107 of title 49, Code of Federal Regulations.
(7) Train.--The term ``train'' means 1 or more locomotives 
coupled with or without cars, except during switching service.
(8) Yard.--The term ``yard'' means a system of tracks, not 
including main tracks and sidings, used for classifying cars, 
making-up and inspecting trains, or storing cars and equipment.
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