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The text of the bill below is as of Dec 13, 2023 (Reported by Senate Committee).
Calendar No. 284
IN THE SENATE OF THE UNITED STATES
Mr. Brown (for himself, Mr. Vance , Mr. Casey , Mr. Rubio , Mr. Fetterman , Mr. Hawley , Ms. Smith , Ms. Klobuchar , Mr. Braun , Mr. Romney , Mr. Marshall , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
December 13, 2023
Reported by Ms. Cantwell , with an amendment
Strike out all after the enacting clause and insert the part printed in italic
To enhance safety requirements for trains transporting hazardous materials, and for other purposes.
Short title; table of contents
This Act may be cited as the Railway Safety Act of 2023 .
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Defined term.
Sec. 3. Safety requirements for trains transporting hazardous materials.
Sec. 4. Rail car inspections.
Sec. 5. Defect detectors.
Sec. 6. Safe Freight Act of 2023.
Sec. 7. Increasing maximum civil penalties for violations of rail safety regulations.
Sec. 8. Safer tank cars.
Sec. 9. Hazardous materials training for first responders.
Sec. 10. Rail safety infrastructure research and development grants.
Sec. 11. Appropriations for tank car research and development.
In this Act, the term means the Secretary of Transportation.
Safety requirements for trains transporting hazardous materials
Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations, or modify existing regulations, establishing safety requirements, in accordance with subsection (b), with which a shipper or rail carrier operating a train transporting hazardous materials that is not subject to the requirements for a high-hazard flammable train under section 174.310 of title 49, Code of Federal Regulations, shall comply with respect to the operation of each such train and the maintenance of specification tank cars.
The regulations issued pursuant to subsection (a) shall require shippers and rail carriers—
to provide advance notification and information regarding the transportation of hazardous materials described in subsection (a) to each State emergency response commissioner, the tribal emergency response commission, or any other State or tribal agency responsible for receiving the information notification for emergency response planning information;
to include, in the notification provided pursuant to paragraph (1), a written gas discharge plan with respect to the applicable hazardous materials being transported; and
to reduce or eliminate blocked crossings resulting from delays in train movements.
In developing the regulations required under subsection (a), the Secretary shall include requirements regarding—
train length and weight;
route analysis and selection;
track, bridge, and rail car maintenance;
signaling and train control;
response plans; and
any other requirements that the Secretary determines are necessary.
High-Hazard flammable trains
The Secretary may modify the safety requirements for trains subject to section 174.310 of title 49, Code of Federal Regulations, to satisfy, in whole or in part, the rulemaking required under subsection (a).
Rail car inspections
Not later than 1 year after date of the enactment of this Act, the Secretary shall review and update, as necessary, applicable regulations under chapters I and II of subtitle B of title 49, Code of Federal Regulations—
to create minimum time requirements that a qualified mechanical inspector must spend when inspecting a rail car or locomotive; and
to ensure that all rail cars and locomotives in train consists that carry hazardous materials are inspected by a qualified mechanical inspector at intervals determined by the Secretary.
Abbreviated pre-departure inspection
The Secretary shall immediately amend section 215.13(c) of title 49, Code of Federal Regulations (permitting an abbreviated pre-departure inspection procedure) with respect to rail cars in train consists carrying hazardous materials.
Not later than 60 days after the date of the enactment of this Act, the Secretary shall initiate audits of Federal rail car inspection programs, subject to the requirements under part 215 of title 49, Code of Federal Regulations, which—
consider whether such programs are in compliance with such part 215;
assess the type and content of training and performance metrics that such programs provide rail car inspectors;
determine whether such programs provide inspectors with adequate time to inspect rail cars;
determine whether such programs reflect the current operating practices of the railroad carrier; and
ensure that inspection programs are not overly reliant on train crews.
The Secretary shall—
schedule the audits required under paragraph (1) to ensure that—
each Class I railroad is audited not less frequently than once every 5 years; and
a select number, as determined by the Secretary, of Class II and Class III railroads are audited annually; and
conduct the audits described in subparagraph (A)(ii) in accordance with—
the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note); and
appendix C of part 209 of title 49, Code of Federal Regulations.
Updates to inspection program
If, during an audit required under this subsection, the auditor identifies a deficiency in a railroad's inspection program, the railroad shall update the program to eliminate such deficiency.
Consultation and cooperation
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 mechanical employees of the railroad.
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—
by providing any relevant documents requested; and
by making available any employees for interview without undue delay or obstruction.
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.
Review of regulations
The Secretary shall triennially determine whether any update to part 215 of title 49, Code of Federal Regulations, is necessary to ensure the safety of rail cars transported by rail carriers.
The Secretary shall publish an annual report on the public website of the Federal Railroad Administration that—
summarizes the findings of the prior year's audits;
summarizes any updates made pursuant to this section; and
excludes any confidential business information or sensitive security information.
Rule of construction
Nothing in this section may be construed—
to limit the deployment of pilot programs for the installation, test, verification, and review of automated rail and train inspection technologies; or
to direct the Secretary to waive any existing inspection requirements under chapter I or II of subtitle B of title 49, Code of Federal Regulations, as part of pilot programs.
Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train consist carrying hazardous materials.
The regulations issued pursuant to subsection (a) shall include requirements regarding—
the frequency of the placement of wayside defect detectors, including a requirement that all Class I railroads install a hotbox detector along every 10-mile segment of rail track over which trains carrying hazardous materials operate;
performance standards for such detectors;
the maintenance and repair requirements for such detectors;
reporting data and maintenance records of such detectors;
appropriate steps the rail carrier must take when receiving an alert of a defect or failure from or regarding a wayside defect detector; and
the use of hotbox detectors to prevent derailments from wheel bearing failures, including—
the temperatures, to be specified by the Secretary, at which an alert from a hotbox detector is triggered to warn of a potential wheel bearing failure; and
any actions that shall be taken by a rail carrier upon receiving an alert from a hotbox detector of a potential wheel bearing failure.
Defect and failure identification
The Secretary shall specify the categories of defects and failures that wayside defect detectors covered by regulations issued pursuant to subsection (a) shall address, including—
wheel impacts; and
other defects or failures specified by the Secretary.
Safe Freight Act of 2023
This section may be cited as the Safe Freight Act of 2023 .
Freight train crew size
Subchapter II of chapter 201 of title 49, United States Code, is amended by inserting after section 20153 the following:
Freight train crew size safety standards
Minimum crew size
No freight train may 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.
Except as provided in subsection (c), the requirement under subsection (a) shall not apply with respect to—
train operations on track that is not a main line track;
a freight train operated—
by a railroad carrier that has fewer than 400,000 total employee work hours annually and less than $40,000,000 annual revenue (adjusted for inflation, as calculated by the Surface Transportation Board Railroad Inflation- Adjusted Index and Deflator Factor Table);
at a speed of not more than 25 miles per hour; and
on a track with an average track grade of less than 2 percent for any segment of track that is at least 2 continuous miles;
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;
are not attached to any equipment or are attached only to a caboose; and
do not travel further than 30 miles from the point of origin of such locomotive; and
train operations staffed with fewer than a 2-person crew at least 1 year before the date of enactment of this section, if the Secretary determines that such operations achieve an equivalent level of safety as would result from compliance with the requirement under subsection (a).
Trains ineligible for exception
The exceptions under subsection (b) may not be applied to—
a train transporting 1 or more loaded cars carrying material toxic by inhalation (as defined in section 171.8 of title 49, Code of Federal Regulations);
a train transporting—
20 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid in a continuous block; or
35 or more loaded tank cars of a Class 2 material or a Class 3 flammable liquid throughout the train consist; or
a train with a total length of at least 7,500 feet.
A railroad carrier may seek a waiver of the requirements under this section in accordance with section 20103(d).
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.
Increasing maximum civil penalties for violations of rail safety regulations
Civil penalties related to transporting hazardous materials
Section 5123(a) of title 49, United States Code, is amended—
in paragraph (1), in the matter preceding subparagraph (A), by striking $75,000 and inserting the greater of 0.5 percent of the person's annual income or annual operating income or $750,000 ; and
in paragraph (2), by striking $175,000 and inserting the greater of 1 percent of the person's annual income or annual operating income or $1,750,000 .
General violations of chapter 201
Section 21301(a)(2) of title 49, United States Code, is amended—
by striking $25,000. and inserting the greater of 0.5 percent of the person's annual income or annual operating income or $250,000 ; and
by striking $100,000. and inserting the greater of 1 percent of the person's annual income or annual operating income or $1,000,000 .
Accident and incident violations of chapter 201; violations of chapters 203 through 209
Section 21302(a) is amended—
in paragraph (1), by striking 203–209 each place it appears and inserting 203 through 209 ; and
by striking $25,000 and inserting the greater of 0.5 percent of the person's annual income or annual operating income or $250,000 ; and
by striking $100,000 and inserting the greater of 1 percent of the person's annual income or annual operating income or $1,000,000 .
Violations of chapter 211
Section 21303(a)(2) is amended—
by striking $25,000. and inserting the greater of 0.5 percent of the person's annual income or annual operating income or $250,000 ; and
by striking $100,000. and inserting the greater of 1 percent of the person's annual income or annual operating income or $1,000,000 .
Safer tank cars
Beginning on May 1, 2025, a rail carrier may not use DOT–111 specification railroad tank cars that do not comply with DOT–117, DOT–117P, or DOT–117R specification requirements, as in effect on the date of enactment of this Act, to transport Class 3 flammable liquids regardless of the composition of the train consist.
Conforming regulatory amendments
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
may not enforce any date-specific deadlines or requirements that are inconsistent with the requirement under subsection (a).
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.
Hazardous materials training for first responders
Annual registration fee
Section 5108(g) of title 49, United States Code, is amended by adding at the end the following:
Additional fee for class I rail carriers
In addition to the fees collected pursuant to paragraphs (1) and (2), the Secretary shall establish and annually impose and collect from each Class I rail carrier a fee in an amount equal to $1,000,000.
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 ; and
in paragraph (3), by amending subparagraph (A) to read as follows:
To carry out the grant program established pursuant to paragraph (1),the Secretary may expend, during each fiscal year—
the amounts collected pursuant to section 5108(g)(4); and
any amounts recovered during such fiscal year from grants awarded under this section during a prior fiscal year.
Supplemental training grants
Section 5128(b)(4) of title 49, United States Code is amended by striking $2,000,000 and inserting $4,000,000 .
Rail safety infrastructure research and development grants
The Administrator of the Federal Railroad Administration shall award grants, in accordance with section 22907 of title 49, United States Code, and the restrictions and limitations on eligibility for Class I railroads under such section, for research and development of wayside defect detectors to better prevent the derailment of trains transporting hazardous materials.
There is appropriated to the Federal Railroad Administration, out of any funds in the Treasury not otherwise appropriated, $22,000,000, which shall be used for the grants authorized under subsection (a) for the improvement and research of wayside defect defectors and the prevention of derailments of trains containing hazardous materials.
Availability of funding
Amounts appropriated under this subsection shall remain available until expended
Appropriations for tank car research and development
There is appropriated to the Pipeline and Hazardous Materials Safety Administration, out of any funds in the Treasury not otherwise appropriated, $5,000,000, which shall be used for expenses related to the development of—
stronger, safer tank cars and valves for tank cars; and
other tank car safety features.
Short title; table of contents
This Act may be cited as the Railway Safety Act of 2023 .
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.
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.
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).
The term means the Secretary of Transportation.
Safety requirements for high-hazard trains
Tank car safety requirements
Section 20155 of title 49, United States Code, is amended to read as follows:
In this section:
The term 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).
The term has the meaning given such term in section 173.115(a) of title 49, Code of Federal Regulations.
The term has the meaning given such term in section 173.120(a) of title 49, Code of Federal Regulations.
The term means a substance or material designated by the Secretary of Transportation as hazardous pursuant to section 5103 of title 49, United States Code.
The term means a single train transporting, throughout the train consist—
20 or more tank cars loaded with a flammable liquid;
1 tank car or intermodal portable tank load with a material toxic or poisonous by inhalation;
1 or more cars loaded with high-level radioactive waste or spent nuclear fuel;
10 or more cars loaded with explosives;
5 or more tank cars loaded with a flammable gas; or
20 or more cars loaded with any combination of flammable liquids, flammable gases, or explosives.
High-level radioactive waste; spent nuclear fuel
The terms and 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.
Material toxic or poisonous by inhalation
The term 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.
Not later than 1 year after the date of the enactment of the Railway Safety Act of 2023 , the Secretary, in consultation with appropriate Federal agencies, shall issue regulations that—
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;
revise the requirements set forth in section 174.310(a)(2) of title 49, Code of Federal Regulations—
to limit all trains to a maximum speed of 50 miles per hour; and
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;
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;
require any Class I railroad transporting hazardous materials—
to generate accurate, real-time, and electronic train consist information, including—
the identity, quantity, and location of hazardous materials on a train;
the point of origin and destination of the train;
any emergency response information or resources required by the Secretary; and
an emergency response point of contact designated by the Class I railroad; and
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;
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 reasonable estimate of the number of high-hazard trains that are expected to travel, per week, through each county within the applicable jurisdiction;
updates to such estimate when making a change in volume of 25 percent or more;
a description of the hazardous materials being transported on such trains;
applicable emergency response information, as required by regulation;
identification of the routes over which the hazardous materials on such trains will be transported; and
a point of contact at the Class I railroad who—
has knowledge of the railroads' transportation of hazardous materials; and
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;
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;
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
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.
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.
Not later than 1 year after the date of the enactment of the Railway Safety Act of 2023 , 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—
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
requirements for an adequate number of buffer cars between a locomotive or railcar and tank cars transporting hazardous materials.
Hazardous materials emergency response plans
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—
consideration of potential hazardous materials release for the hazardous materials identified under subsection (a)(7) that the railroad is transporting;
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;
identification of the equipment and resources available to the hazardous materials response teams;
organizational charts for the hazardous materials response teams; and
plans to facilitate hazardous materials release liability claims.
Railroads shall coordinate with relevant States and Tribes when creating the plans required under paragraph (1).
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.
The Secretary shall periodically audit a railroad’s hazardous materials emergency response plan.
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.
Ensuring the safety of long trains
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.
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.
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.
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.
Blocked highway-rail grade crossings
The Secretary shall seek to enter into an agreement with the National Academy of Sciences under which the National Academy shall—
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—
Federal Railroad Administration data;
the work experience of the Office of Railroad Safety's Grade Crossing and Trespasser Outreach Division;
data from the blocked highway-rail grade crossing portal; and
geographic diversity; and
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.
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—
are engineering or rail experts;
are not railroad carriers, or entities funded by railroad carriers;
have relevant experience in railroad safety technology or railroad operating experience; and
have no financial ties to the rail industry.
The study conducted pursuant to subsection (a)(1) shall—
examine any potential impacts to railroad and community safety due to blocked highway-rail grade crossings;
identify potential financial impacts incurred by the railroad or its customers due to blocked crossings;
identify potential freight network efficiency impacts due to solutions that will reduce or eliminate the impacts of blocked crossings;
examine community impacts that result from blocked crossings;
examine causes for blocked crossings;
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
identify practical solutions to prevent blocked crossings.
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.
From the amounts appropriated for fiscal year 2024 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.
Railroad Crossing Elimination Program
Section 22909 of title 49, United States Code, is amended—
in subsection (f)(2)(C)—
in clause (i), by striking or after the semicolon;
in clause (ii), by inserting or after the semicolon at the end; and
by adding at the end the following:
a bus route to a school or within 1 mile of a school;
in subsection (g)—
by striking Except and inserting the following: