I 

118TH CONGRESS 

1ST SESSION H. R. 1633 

To enhance safety requirements for trains transporting hazardous materials, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2023 

Mr. JOHNSON of Ohio (for himself, Mrs. SYKES, Mr. MILLER of Ohio, Mr. 

LANDSMAN, Mr. BALDERSON, Ms. KAPTUR, Mr. CAREY, Mrs. BEATTY, 

Mr. JOYCE of Ohio, Ms. BROWN, and Mr. TURNER) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To enhance safety requirements for trains transporting 

hazardous materials, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Reducing Accidents In Locomotives Act’’ or the ‘‘RAIL 

6 Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Defined term. 


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Sec. 3. Recommendations for safety. 

Sec. 4. Rail car inspections. 

Sec. 5. Defect detectors. 

Sec. 6. Increasing maximum civil penalties for violations of rail safety regulations. 

Sec. 7. Safer tank cars. 

Sec. 8. Hazardous materials training for first responders. 

1 SEC. 2. DEFINED TERM. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Transportation. 

4 SEC. 3. RECOMMENDATIONS FOR SAFETY. 

5 (a) RULEMAKING.—Not later than 1 year after the 

6 date on which the National Transportation Safety Board 

7 issues the report on the East Palestine, Ohio crash, the 

8 Secretary, in consultation with the Administrator of the 

9 Federal Railroad Administration, shall issue regulations, 

10 or modify existing regulations, based on such report estab11 lishing safety requirements, in accordance with subsection 

12 (b), with which a rail carrier operating a train trans13 porting hazardous materials that is not subject to the re14 quirements for a high-hazard flammable train under sec15 tion 174.310 of title 49, Code of Federal Regulations, 

16 shall comply with respect to the operation of each such 

17 train and the maintenance of specification tank cars. 

18 (b) REQUIREMENTS.—The regulations issued pursu19 ant to subsection (a) shall require rail carriers— 

20 (1) to provide advance notification and informa21 tion regarding the transportation of hazardous mate22 rials described in subsection (a) to each State emerVerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1633.IH H1633

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1 gency response commissioner, the tribal emergency 

2 response commission, or any other State or tribal 

3 agency responsible for receiving the information no4 tification for emergency response planning informa5 tion; 

6 (2) to include, in the notification provided pur7 suant to paragraph (1), a written gas discharge plan 

8 with respect to the applicable hazardous materials 

9 being transported; and 

10 (3) to reduce or eliminate blocked crossings re11 sulting from delays in train movements. 

12 (c) ADDITIONAL REQUIREMENTS.—In developing the 

13 regulations required under subsection (a), the Secretary 

14 shall include requirements regarding— 

15 (1) train length and weight; 

16 (2) train consist; 

17 (3) route analysis and selection; 

18 (4) speed restrictions; 

19 (5) track standards; 

20 (6) track, bridge, and rail car maintenance; 

21 (7) signaling and train control; and 

22 (8) response plans. 

23 SEC. 4. RAIL CAR INSPECTIONS. 

24 (a) RULEMAKING.— 


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1 (1) INSPECTION REQUIREMENTS.—Not later 

2 than 1 year after date of the enactment of this Act, 

3 the Secretary shall review and update, as necessary, 

4 applicable regulations under chapters I and II of 

5 subtitle B of title 49, Code of Federal Regulations— 

6 (A) to create minimum time requirements 

7 that a qualified mechanical inspector must 

8 spend when inspecting a rail car or locomotive; 

9 and 

10 (B) to ensure that all rail cars and loco11 motives in train consists that carry hazardous 

12 materials are inspected by a qualified mechan13 ical inspector at intervals determined by the 

14 Secretary. 

15 (2) ABBREVIATED PRE-DEPARTURE INSPEC16 TION.—The Secretary shall immediately amend sec17 tion 215.13(c) of title 49, Code of Federal Regula18 tions (permitting an abbreviated pre-departure in19 spection procedure) with respect to rail cars in train 

20 consists carrying hazardous materials. 

21 (b) AUDITS.— 

22 (1) IN GENERAL.—Not later than 60 days after 

23 the date of the enactment of this Act, the Secretary 

24 shall initiate audits of Federal rail car inspection 

25 programs, subject to the requirements under part 


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1 215 of title 49, Code of Federal Regulations, 

2 which— 

3 (A) consider whether such programs are in 

4 compliance with such part 215; 

5 (B) assess the type and content of training 

6 and performance metrics that such programs 

7 provide rail car inspectors; 

8 (C) determine whether such programs pro9 vide inspectors with adequate time to inspect 

10 rail cars; 

11 (D) determine whether such programs re12 flect the current operating practices of the rail13 road carrier; and 

14 (E) ensure that such programs are not 

15 overly reliant on train crews. 

16 (2) AUDIT SCHEDULING.—The Secretary 

17 shall— 

18 (A) schedule the audits required under 

19 paragraph (1) to ensure that— 

20 (i) each Class I railroad is audited not 

21 less frequently than once every 5 years; 

22 and 

23 (ii) a select number, as determined by 

24 the Secretary, of Class II and Class III 

25 railroads are audited annually; and 


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1 (B) conduct the audits described in sub2 paragraph (A)(ii) in accordance with— 

3 (i) the Small Business Regulatory En4 forcement Fairness Act of 1996 (5 U.S.C. 

5 601 note); and 

6 (ii) appendix C of part 209 of title 49, 

7 Code of Federal Regulations. 

8 (3) UPDATES TO INSPECTION PROGRAM.—If, 

9 during an audit required under this subsection, the 

10 auditor identifies a deficiency in a railroad’s inspec11 tion program, the railroad shall update the program 

12 to eliminate such deficiency. 

13 (4) CONSULTATION AND COOPERATION.— 

14 (A) CONSULTATION.—In conducting any 

15 audit required under this subsection, the Sec16 retary shall consult with the railroad being au17 dited and its employees, including any nonprofit 

18 employee labor organization representing the 

19 mechanical employees of the railroad. 

20 (B) COOPERATION.—The railroad being 

21 audited and its employees, including any non22 profit employee labor organization representing 

23 mechanical employees, shall fully cooperate with 

24 any audit conducted pursuant to this sub25 section— 


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1 (i) by providing any relevant docu2 ments requested; and 

3 (ii) by making available any employees 

4 for interview without undue delay or ob5 struction. 

6 (C) FAILURE TO COOPERATE.—If the Sec7 retary determines that a railroad or any of its 

8 employees, including any nonprofit employee 

9 labor organization representing mechanical em10 ployees of the railroad is not fully cooperating 

11 with an audit conducted pursuant to this sub12 section, the Secretary shall electronically notify 

13 the Committee on Commerce, Science, and 

14 Transportation of the Senate and the Com15 mittee on Transportation and Infrastructure of 

16 the House of Representatives of such non17 cooperation. 

18 (c) REVIEW OF REGULATIONS.—The Secretary shall 

19 triennially determine whether any update to part 215 of 

20 title 49, Code of Federal Regulations, is necessary to en21 sure the safety of rail cars transported by rail carriers. 

22 (d) ANNUAL REPORT.—The Secretary shall publish 

23 an annual report on the public website of the Federal Rail24 road Administration that— 


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1 (1) summarizes the findings of the prior year’s 

2 audits; 

3 (2) summarizes any updates made pursuant to 

4 this section; and 

5 (3) excludes any confidential business informa6 tion or sensitive security information. 

7 (e) RULE OF CONSTRUCTION.—Nothing in this sec8 tion may be construed— 

9 (1) to limit the deployment of pilot programs 

10 for the installation, test, verification, and review of 

11 automated rail and train inspection technologies; or 

12 (2) to direct the Secretary to waive any existing 

13 inspection requirements under chapter I or II of 

14 subtitle B of title 49, Code of Federal Regulations, 

15 as part of pilot programs. 

16 SEC. 5. DEFECT DETECTORS. 

17 (a) RULEMAKING.—Not later than 1 year after the 

18 date of the enactment of this Act, the Secretary shall issue 

19 regulations establishing requirements for the installation, 

20 repair, testing, maintenance, and operation of wayside de21 fect detectors for each rail carrier operating a train consist 

22 carrying hazardous materials. 

23 (b) REQUIREMENTS.—The regulations issued pursu24 ant to subsection (a) shall include requirements regard25 ing— 


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1 (1) the frequency of the placement of wayside 

2 defect detectors, including a requirement that all 

3 Class I railroads install a hotbox detector along 

4 every 10-mile segment of rail track over which trains 

5 carrying hazardous materials operate; 

6 (2) performance standards for such detectors; 

7 (3) the maintenance and repair requirements 

8 for such detectors; 

9 (4) reporting data and maintenance records of 

10 such detectors; 

11 (5) appropriate steps the rail carrier must take 

12 when receiving an alert of a defect or failure from 

13 or regarding a wayside defect detector; and 

14 (6) the use of hotbox detectors to prevent 

15 derailments from wheel bearing failures, including— 

16 (A) the temperatures, to be specified by 

17 the Secretary, at which an alert from a hotbox 

18 detector is triggered to warn of a potential 

19 wheel bearing failure; and 

20 (B) any actions that shall be taken by a 

21 rail carrier upon receiving an alert from a hot22 box detector of a potential wheel bearing fail23 ure. 

24 (c) DEFECT AND FAILURE IDENTIFICATION.—The 

25 Secretary shall specify the categories of defects and failVerDate Sep 11 2014 02:28 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1633.IH H1633

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1 ures that wayside defect detectors covered by regulations 

2 issued pursuant to subsection (a) shall address, includ3 ing— 

4 (1) axles; 

5 (2) wheel bearings; 

6 (3) brakes; 

7 (4) signals; 

8 (5) wheel impacts; and 

9 (6) other defects or failures specified by the 

10 Secretary. 

11 (d) SAFETY PLACARDS.— 

12 (1) IN GENERAL.—In issuing regulations under 

13 subsection (a), the Secretary shall require that plac14 ards covered under section 172.519 of title 49, Code 

15 of Federal Regulations, be able to withstand heat in 

16 excess of 180 degrees. 

17 (2) UPDATE BASED ON RECOMMENDATIONS.— 

18 The Secretary may, upon recommendation from the 

19 National Transportation Safety Board, issue such 

20 regulations as are necessary to increase the heat 

21 threshold described in paragraph (1). 


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1 SEC. 6. INCREASING MAXIMUM CIVIL PENALTIES FOR VIO2 LATIONS OF RAIL SAFETY REGULATIONS. 

3 (a) CIVIL PENALTIES RELATED TO TRANSPORTING

4 HAZARDOUS MATERIALS.—Section 5123(a) of title 49, 

5 United States Code, is amended— 

6 (1) in paragraph (1), in the matter preceding 

7 subparagraph (A), by striking ‘‘$75,000’’ and insert8 ing ‘‘the greater of 0.5 percent of the person’s an9 nual income or annual operating income or 

10 $750,000’’; and 

11 (2) in paragraph (2), by striking ‘‘$175,000’’ 

12 and inserting ‘‘the greater of 1 percent of the per13 son’s annual income or annual operating income or 

14 $1,750,000’’. 

15 (b) GENERAL VIOLATIONS OF CHAPTER 201.—Sec16 tion 21301(a)(2) of title 49, United States Code, is 

17 amended— 

18 (1) by striking ‘‘$25,000.’’ and inserting ‘‘the 

19 greater of 0.5 percent of the person’s annual income 

20 or annual operating income or $250,000’’; and 

21 (2) by striking ‘‘$100,000.’’ and inserting ‘‘the 

22 greater of 1 percent of the person’s annual income 

23 or annual operating income or $1,000,000’’. 

24 (c) ACCIDENT AND INCIDENT VIOLATIONS OF CHAP25 TER 201; VIOLATIONS OF CHAPTERS 203 THROUGH

26 209.—Section 21302(a) is amended— 


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1 (1) in paragraph (1), by striking ‘‘203–209’’ 

2 each place it appears and inserting ‘‘203 through 

3 209’’; and 

4 (2) in paragraph (2)— 

5 (A) by striking ‘‘$25,000’’ and inserting 

6 ‘‘the greater of 0.5 percent of the person’s an7 nual income or annual operating income or 

8 $250,000’’; and 

9 (B) by striking ‘‘$100,000’’ and inserting 

10 ‘‘the greater of 1 percent of the person’s annual 

11 income or annual operating income or 

12 $1,000,000’’. 

13 (d) VIOLATIONS OF CHAPTER 211.—Section 

14 21303(a)(2) is amended— 

15 (1) by striking ‘‘$25,000.’’ and inserting ‘‘the 

16 greater of 0.5 percent of the person’s annual income 

17 or annual operating income or $250,000’’; and 

18 (2) by striking ‘‘$100,000.’’ and inserting ‘‘the 

19 greater of 1 percent of the person’s annual income 

20 or annual operating income or $1,000,000’’. 

21 SEC. 7. SAFER TANK CARS. 

22 (a) PHASE-OUT SCHEDULE.—Beginning on May 1, 

23 2028, a rail carrier may not use DOT–111 specification 

24 railroad tank cars that do not comply with DOT–117, 

25 DOT–117P, or DOT–117R specification requirements, as 


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1 in effect on the date of enactment of this Act, to transport 

2 Class 3 flammable liquids regardless of the composition 

3 of the train consist. 

4 (b) CONFORMING REGULATORY AMENDMENTS.— 

5 (1) IN GENERAL.—The Secretary— 

6 (A) shall immediately remove or revise the 

7 date-specific deadlines in any applicable regula8 tions or orders to the extent necessary to con9 form with the requirement under subsection (a); 

10 and 

11 (B) may not enforce any date-specific 

12 deadlines or requirements that are inconsistent 

13 with the requirement under subsection (a). 

14 (2) RULE OF CONSTRUCTION.—Except as re15 quired under paragraph (1), nothing in this section 

16 may be construed to require the Secretary to issue 

17 regulations to implement this section. 

18 SEC. 8. HAZARDOUS MATERIALS TRAINING FOR FIRST RE19 SPONDERS. 

20 (a) ANNUAL REGISTRATION FEE.—Section 5108(g) 

21 of title 49, United States Code, is amended by adding at 

22 the end the following: 

23 ‘‘(4) ADDITIONAL FEE FOR CLASS I RAIL CAR24 RIERS.—In addition to the fees collected pursuant to 

25 paragraphs (1) and (2), the Secretary shall establish 


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1 and annually impose and collect from each Class I 

2 rail carrier a fee in an amount equal to 

3 $1,000,000.’’. 

4 (b) ASSISTANCE FOR LOCAL EMERGENCY RESPONSE

5 TRAINING.—Section 5116(j)(1)(A) of title 49, United 

6 States Code, is amended— 

7 (1) by striking ‘‘liquids’’ and inserting ‘‘mate8 rials’’; and 

9 (2) in paragraph (3), by amending subpara10 graph (A) to read as follows: 

11 ‘‘(A) IN GENERAL.—To carry out the 

12 grant program established pursuant to para13 graph (1), the Secretary may expend, during 

14 each fiscal year— 

15 ‘‘(i) the amounts collected pursuant to 

16 section 5108(g)(4); and 

17 ‘‘(ii) any amounts recovered during 

18 such fiscal year from grants awarded 

19 under this section during a prior fiscal 

20 year.’’. 

21 (c) SUPPLEMENTAL TRAINING GRANTS.—Section 

22 5128(b)(4) of title 49, United States Code is amended by 

23 striking ‘‘$2,000,000’’ and inserting ‘‘$4,000,000’’. 

Æ 


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