Deluzio, Colleagues Announce Rail Safety Measure to Protect Against Derailments, Toxic Spills, Dangerous Crossings

July 23, 2024

Legislation introduced builds off Congressman Deluzio’s “Railway Safety Act,” which he introduced following the East Palestine derailment next to his congressional district

WASHINGTON, D.C. — Today, Congressman Chris Deluzio (D-PA-17) joined with fellow House Committee on Transportation & Infrastructure members Congressmembers Troy Nehls (R-TX-22), Seth Moulton (D-MA-06), Emilia Sykes (D-OH-13), Derrick Van Orden (R-WI-03), as well as Michael Rulli (R-OH-06), Melanie Stansbury (D-NM-01), Anthony D’Esposito (R-NY-04), and Mike Lawler (R-NY-17) to announce the introduction of the Railroad Safety Enhancement Act. Congressman Nehls serves as the Railroads, Pipelines, and Hazardous Materials Subcommittee Chairman. This bill announcement comes the same day as a T&I subcommittee hearing titled, “Examining the State of Rail Safety in the Aftermath of the Derailment in East Palestine, Ohi o.”

“My constituents in Beaver County and our neighbors in Ohio had their lives turned upside-down by last year’s toxic train derailment—they want accountability and action, and so do I,” said Congressman Deluzio. “That’s why I’ve been pushing in Congress to pass my bill to make freight rail safer, the Railway Safety Act. I'm proud to join my colleagues to introduce the bipartisan Railroad Safety Enhancement Act. Building off the Railway Safety Act, this bill offers the momentum we need and, when passed into law, will be a powerful step to make freight rail safer and protect communities like ours.”

Here is a video of Congressman Deluzio’s remarks in committee today.

Following the Norfolk Southern train derailment on February 3, 2023 just outside Beaver County in his congressional district, Congressman Deluzio has been laser-focused on passing policy to make freight rail safer. The Railroad Safety Enhancement Act builds on Congressman Chris Deluzio’s Railway Safety Act and adds several provisions, including mandatory enrollment in the confidential close call reporting system, notification of first responders, and more funding for railroad crossing elimination grant program and grants to support new telematics technology.

The Railroad Safety Enhancement Act is supported by many labor unions, including the International Brotherhood of Teamsters, Brotherhood of Maintenance of Way Employes (BMWE), Brotherhood of Locomotive Engineers and Trainmen (BLET), Transportation Communications Union (TCU), Transport Workers Union (TWU), Brotherhood of Railway Carmen (BRC), International Brotherhood of Electrical Workers (IBEW), and the International Association of Sheet Metal, Air, Rail and Transportation Workers Mechanical and Transportation Divisions (SMART-MD and SMART-TD, respectively).

This bill was introduced following the National Transportation Safety Board (NTSB) final meeting on the East Palestine derailment. Along with reporting on the determined cause of the derailment, the NTSB described intentionally misleading and obstructive behavior by Norfolk Southern Railroad and its contractors in the immediate response and in the following investigation. These actions led to the “vent and burn” of the toxic chemicals into the surrounding community—leading to many health and contamination concerns. Congressman Deluzio has called for the Department of Justice to investigate the actions of Norfolk Southern in response to the train derailment.

Following the derailment, Congressman Deluzio made multiple visits to the site of the derailment and nearby Beaver County communities in his congressional district. Rail safety is one of Congressman Deluzio’s top legislative issues and led to his mid-Congress appointment to the Transportation and Infrastructure Committee following an opening due to the death of New Jersey Congressman Donald Payne.

Congressman Deluzio commissioned a congressional report on the proximity of freight rail to the constituents of his district and introduced several pieces of legislation on rail safety, including the DERAIL Act, the Assistance for Local Heroes During Train Crises Act, and the Railway Safety Act. He is also a co-sponsor of the East Palestine Health Impact Monitoring Act of 2024, which would authorize funding to conduct a study of the long-term health impacts of the 2023 East Palestine, Ohio, train derailment.

Congressman Deluzio’s bipartisan Railway Safety Act was introduced in March of 2023. A companion bill to the one led by Ohio and Pennsylvania Senators in the other chamber, specifically, the bill would institute requirements for wayside defect detectors, increase fines for wrongdoing committed by rail carriers, enhance safety procedures for trains carrying hazardous materials, establish a permanent requirement for railroads to operate with at least two-person crews, and more. Over the past 17 months, the proposal earned the support of the Biden Administration, former President Trump, several rail worker unions, and has both Democratic and Republican House co-sponsors from across the political spectrum.

Four provisions were added to the existing text of Congressman Deluzio’s Railway Safety Act to make up the new bipartisan Railroad Safety Enhancement Act. They are:

C3RS Requirement (Section 118):

Requires all Class 1 railroads and Amtrak to enroll in the Confidential Close Call Reporting System (“C3RS”) for two years.
This program is run by an independent third party, the National Aeronautics and Space Administration (NASA), and allows railroads and their employees to report close calls, unsafe incidents, and share information industry-wide on best practices without fear of reprisal from management. It also prevents Federal Railroad Administration (FRA) enforcement for events reported.

ASKRAIL (Section 119):

The ASKRAIL app is a mobile application used by first responders in collaboration with Class 1 railroads. It allows first responders to access accurate data about which hazardous materials a railcar is carrying so they can make informed decisions on how to respond to incidents. First responders must have accurate information about what they expect they will be fighting when reaching a scene.
Requires the State Department of Transportations’ eligible for specific grants to notify first responders in their state about the existence of the app and to certify to the FRA they have completed this requirement. Because derailments often occur in remote and isolated areas, service for the application can be unreliable.
Creates the ASKRAIL Connectivity Pilot Program and authorizes $25 million per year. The pilot program creates a competitive bidding process to provide service in areas along the national rail network in most need of connectivity.

Railroad Crossing Elimination Grant Program (Section 120):

Authorizes an additional $1 billion on top of the Infrastructure Investment and Jobs Act (IIJA) advanced appropriations funding.
According to the National Transportation Safety Board (NTSB) during Congressional Testimony, rail crossings are the most dangerous part of America’s rail network, in part because this is where our nation’s highway and rail systems meet. Removing as many rail crossings as possible will help reduce deaths and relieve congestion in the rail network.

Telematic for Railcars (Sections 121 & 122):

Telematics Grant Program-Section 121

Authorizes $100 million annually for the FRA to establish a grant program for railcar manufacturers to install onboard freight railcar telematics systems and gateway devices. The program will prioritize new freight railcars, as this is the easiest installation time and these cars have the longest lifespan, and tank cars carrying hazardous materials.
The FRA will issue a report on the number of railcars with onboard telematics due to these funds.

Telematic Pilot Program-Section 122

Authorizes $10 million annually for an FRA pilot program to develop onboard sensors, and look to the future capabilities of these sensors, including real-time visibility, wheel/bearing/hand brake/hatch, and temperature readings.
Telematics will provide shippers and tank car owners with real-time visibility into the rail network. These devices will also monitor the railcar asset’s health and provide valuable data to prevent incidents.

Read the entire bill HERE.

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