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: 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 rail cars, 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.