I 

118TH CONGRESS 

1ST SESSION H. R. 1674 

To enhance safety requirements for trains transporting hazardous materials, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2023 

Mr. DELUZIO (for himself and Mr. LALOTA) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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 ‘‘Railway Safety Act of 2023’’. 

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

7 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. 


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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. Consolidated rail infrastructure and safety improvements. 

Sec. 11. Tank car research and development. 

1 SEC. 2. DEFINED TERM. 

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

4 SEC. 3. SAFETY REQUIREMENTS FOR TRAINS TRANS5 PORTING HAZARDOUS MATERIALS. 

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

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

8 regulations, or modify existing regulations, establishing 

9 safety requirements, in accordance with subsection (b), 

10 with which a shipper or rail carrier operating a train 

11 transporting hazardous materials that is not subject to the 

12 requirements for a high-hazard flammable train under sec13 tion 174.310 of title 49, Code of Federal Regulations, 

14 shall comply with respect to the operation of each such 

15 train and the maintenance of specification tank cars. 

16 (b) REQUIREMENTS.—The regulations issued pursu17 ant to subsection (a) shall require shippers and rail car18 riers— 

19 (1) to provide advance notification and informa20 tion regarding the transportation of hazardous mate21 rials described in subsection (a) to each State emerVerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674

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1 gency response commissioner, Tribal emergency re2 sponse 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; 

22 (8) response plans; and 

23 (9) any other requirements that the Secretary 

24 determines are necessary. 


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1 (d) HIGH-HAZARD FLAMMABLE TRAINS.—The Sec2 retary may modify the safety requirements for trains sub3 ject to section 174.310 of title 49, Code of Federal Regu4 lations, to satisfy, in whole or in part, the rulemaking re5 quired under subsection (a). 

6 SEC. 4. RAIL CAR INSPECTIONS. 

7 (a) RULEMAKING.— 

8 (1) INSPECTION REQUIREMENTS.—Not later 

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

10 the Secretary shall review and update, as necessary, 

11 applicable regulations under chapters I and II of 

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

13 (A) to create minimum time requirements 

14 that a qualified mechanical inspector must 

15 spend when inspecting a rail car or locomotive; 

16 and 

17 (B) to ensure that all rail cars and loco18 motives in train consists that carry hazardous 

19 materials are inspected by a qualified mechan20 ical inspector at intervals determined by the 

21 Secretary. 

22 (2) ABBREVIATED PRE-DEPARTURE INSPEC23 TION.—The Secretary shall immediately amend sec24 tion 215.13(c) of title 49, Code of Federal Regula25 tions (permitting an abbreviated pre-departure inVerDate Sep 11 2014 01:47 Apr 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1674.IH H1674

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1 spection procedure) with respect to rail cars in train 

2 consists carrying hazardous materials. 

3 (b) AUDITS.— 

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

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

6 shall initiate audits of Federal rail car inspection 

7 programs, subject to the requirements under part 

8 215 of title 49, Code of Federal Regulations, 

9 which— 

10 (A) consider whether such programs are in 

11 compliance with such part 215; 

12 (B) assess the type and content of training 

13 and performance metrics that such programs 

14 provide rail car inspectors; 

15 (C) determine whether such programs pro16 vide inspectors with adequate time to inspect 

17 rail cars; 

18 (D) determine whether such programs re19 flect the current operating practices of the rail20 road carrier; and 

21 (E) ensure that such programs are not 

22 overly reliant on train crews. 

23 (2) AUDIT SCHEDULING.—The Secretary 

24 shall— 


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1 (A) schedule the audits required under 

2 paragraph (1) to ensure that— 

3 (i) each Class I railroad is audited not 

4 less frequently than once every 5 years; 

5 and 

6 (ii) a select number, as determined by 

7 the Secretary, of Class II and Class III 

8 railroads are audited annually; and 

9 (B) conduct the audits described in sub10 paragraph (A)(ii) in accordance with— 

11 (i) the Small Business Regulatory En12 forcement Fairness Act of 1996 (5 U.S.C. 

13 601 note); and 

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

15 Code of Federal Regulations. 

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

17 during an audit required under this subsection, the 

18 auditor identifies a deficiency in a railroad’s inspec19 tion program, the railroad shall update the program 

20 to eliminate such deficiency. 

21 (4) CONSULTATION AND COOPERATION.— 

22 (A) CONSULTATION.—In conducting any 

23 audit required under this subsection, the Sec24 retary shall consult with the railroad being au25 dited and its employees, including any nonprofit 


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1 employee labor organization representing the 

2 mechanical employees of the railroad. 

3 (B) COOPERATION.—The railroad being 

4 audited and its employees, including any non5 profit employee labor organization representing 

6 mechanical employees, shall fully cooperate with 

7 any audit conducted pursuant to this sub8 section— 

9 (i) by providing any relevant docu10 ments requested; and 

11 (ii) by making available any employees 

12 for interview without undue delay or ob13 struction. 

14 (C) FAILURE TO COOPERATE.—If the Sec15 retary determines that a railroad or any of its 

16 employees, including any nonprofit employee 

17 labor organization representing mechanical em18 ployees of the railroad is not fully cooperating 

19 with an audit conducted pursuant to this sub20 section, the Secretary shall electronically notify 

21 the Committee on Commerce, Science, and 

22 Transportation of the Senate and the Com23 mittee on Transportation and Infrastructure of 

24 the House of Representatives of such non25 cooperation. 


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

2 triennially determine whether any update to part 215 of 

3 title 49, Code of Federal Regulations, is necessary to en4 sure the safety of rail cars transported by rail carriers. 

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

6 an annual report on the public website of the Federal Rail7 road Administration that— 

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

9 audits; 

10 (2) summarizes any updates made pursuant to 

11 this section; and 

12 (3) excludes any confidential business informa13 tion or sensitive security information. 

14 (e) RULE OF CONSTRUCTION.—Nothing in this sec15 tion may be construed— 

16 (1) to limit the deployment of pilot programs 

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

18 automated rail and train inspection technologies; or 

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

20 inspection requirements under chapter I or II of 

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

22 as part of pilot programs. 

23 SEC. 5. DEFECT DETECTORS. 

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

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


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1 regulations establishing requirements for the installation, 

2 repair, testing, maintenance, and operation of wayside de3 fect detectors for each rail carrier operating a train consist 

4 carrying hazardous materials. 

5 (b) REQUIREMENTS.—The regulations issued pursu6 ant to subsection (a) shall include requirements regard7 ing— 

8 (1) the frequency of the placement of wayside 

9 defect detectors, including a requirement that all 

10 Class I railroads install a hotbox detector along 

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

12 carrying hazardous materials operate; 

13 (2) performance standards for such detectors; 

14 (3) the maintenance and repair requirements 

15 for such detectors; 

16 (4) reporting data and maintenance records of 

17 such detectors; 

18 (5) appropriate steps the rail carrier must take 

19 when receiving an alert of a defect or failure from 

20 or regarding a wayside defect detector; and 

21 (6) the use of hotbox detectors to prevent 

22 derailments from wheel bearing failures, including— 

23 (A) the temperatures, to be specified by 

24 the Secretary, at which an alert from a hotbox 


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1 detector is triggered to warn of a potential 

2 wheel bearing failure; and 

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

4 rail carrier upon receiving an alert from a hot5 box detector of a potential wheel bearing fail6 ure. 

7 (c) DEFECT AND FAILURE IDENTIFICATION.—The 

8 Secretary shall specify the categories of defects and fail9 ures that wayside defect detectors covered by regulations 

10 issued pursuant to subsection (a) shall address, includ11 ing— 

12 (1) axles; 

13 (2) wheel bearings; 

14 (3) brakes; 

15 (4) signals; 

16 (5) wheel impacts; and 

17 (6) other defects or failures specified by the 

18 Secretary. 

19 SEC. 6. SAFE FREIGHT ACT OF 2023. 

20 (a) SHORT TITLE.—This section may be cited as the 

21 ‘‘Safe Freight Act of 2023’’. 

22 (b) FREIGHT TRAIN CREW SIZE.—Subchapter II of 

23 chapter 201 of title 49, United States Code, is amended 

24 by inserting after section 20153 the following: 


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1 ‘‘§ 20154. Freight train crew size safety standards 

2 ‘‘(a) MINIMUM CREW SIZE.—No freight train may be 

3 operated without a 2-person crew consisting of at least 1 

4 appropriately qualified and certified conductor and 1 ap5 propriately qualified and certified locomotive engineer. 

6 ‘‘(b) EXCEPTIONS.—Except as provided in subsection 

7 (c), the requirement under subsection (a) shall not apply 

8 with respect to— 

9 ‘‘(1) train operations on track that is not a 

10 main line track; 

11 ‘‘(2) a freight train operated— 

12 ‘‘(A) by a railroad carrier that has fewer 

13 than 400,000 total employee work hours annu14 ally and less than $40,000,000 annual revenue 

15 (adjusted for inflation, as calculated by the Sur16 face Transportation Board Railroad Inflation17 Adjusted Index and Deflator Factor Table); 

18 ‘‘(B) at a speed of not more than 25 miles 

19 per hour; and 

20 ‘‘(C) on a track with an average track 

21 grade of less than 2 percent for any segment of 

22 track that is at least 2 continuous miles; 

23 ‘‘(3) locomotives performing assistance to a 

24 train that has incurred mechanical failure or lacks 

25 the power to traverse difficult terrain, including 


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1 traveling to or from the location where assistance is 

2 provided; 

3 ‘‘(4) locomotives that— 

4 ‘‘(A) are not attached to any equipment or 

5 are attached only to a caboose; and 

6 ‘‘(B) do not travel farther than 30 miles 

7 from the point of origin of such locomotive; and 

8 ‘‘(5) train operations staffed with fewer than a 

9 2-person crew at least 1 year before the date of en10 actment of this section, if the Secretary determines 

11 that such operations achieve an equivalent level of 

12 safety as would result from compliance with the re13 quirement under subsection (a). 

14 ‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The ex15 ceptions under subsection (b) may not be applied to— 

16 ‘‘(1) a train transporting 1 or more loaded cars 

17 carrying material toxic by inhalation (as defined in 

18 section 171.8 of title 49, Code of Federal Regula19 tions); 

20 ‘‘(2) a train transporting— 

21 ‘‘(A) 20 or more loaded tank cars of a 

22 Class 2 material or a Class 3 flammable liquid 

23 in a continuous block; or 


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1 ‘‘(B) 35 or more loaded tank cars of a 

2 Class 2 material or a Class 3 flammable liquid 

3 throughout the train consist; or 

4 ‘‘(3) a train with a total length of at least 

5 7,500 feet. 

6 ‘‘(d) WAIVER.—A railroad carrier may seek a waiver 

7 of the requirements under this section in accordance with 

8 section 20103(d).’’. 

9 (c) CLERICAL AMENDMENT.—The analysis for sub10 chapter II of chapter 201 of title 49, United States Code, 

11 is amended by inserting after the item relating to section 

12 20153 the following: 

‘‘20154. Freight train crew size safety standards.’’. 

13 SEC. 7. INCREASING MAXIMUM CIVIL PENALTIES FOR VIO14 LATIONS OF RAIL SAFETY REGULATIONS. 

15 (a) CIVIL PENALTIES RELATED TO TRANSPORTING

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

17 United States Code, is amended— 

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

19 subparagraph (A), by striking ‘‘$75,000’’ and insert20 ing ‘‘the greater of 0.5 percent of the person’s an21 nual income or annual operating income, as applica22 ble, or $750,000’’; and 

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

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1 son’s annual income or annual operating income, as 

2 applicable, or $1,750,000’’. 

3 (b) GENERAL VIOLATIONS OF CHAPTER 201.—Sec4 tion 21301(a)(2) of title 49, United States Code, is 

5 amended— 

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

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

8 or annual operating income, as applicable, or 

9 $250,000’’; and 

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

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

12 or annual operating income, as applicable, or 

13 $1,000,000’’. 

14 (c) ACCIDENT AND INCIDENT VIOLATIONS OF CHAP15 TER 201; VIOLATIONS OF CHAPTERS 203 THROUGH

16 209.—Section 21302(a) of title 49, United States Code, 

17 is amended— 

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

19 each place it appears and inserting ‘‘203 through 

20 209’’; and 

21 (2) in paragraph (2)— 

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

23 ‘‘the greater of 0.5 percent of the person’s an24 nual income or annual operating income, as ap25 plicable, or $250,000’’; and 


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

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

3 income or annual operating income, as applica4 ble, or $1,000,000’’. 

5 (d) VIOLATIONS OF CHAPTER 211.—Section 

6 21303(a)(2) of title 49, United States Code, is amended— 

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

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

9 or annual operating income, as applicable, or 

10 $250,000’’; and 

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

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

13 or annual operating income, as applicable, or 

14 $1,000,000’’. 

15 SEC. 8. SAFER TANK CARS. 

16 (a) PHASE-OUT SCHEDULE.—Notwithstanding sec17 tion 7304 of the FAST Act (49 U.S.C. 20155 note), be18 ginning on May 1, 2025, a rail carrier may not use DOT– 

19 111 specification railroad tank cars that do not comply 

20 with DOT–117, DOT–117P, or DOT–117R specification 

21 requirements, as in effect on the date of enactment of this 

22 Act, to transport Class 3 flammable liquids regardless of 

23 the composition of the train consist. 

24 (b) CONFORMING REGULATORY AMENDMENTS.— 

25 (1) IN GENERAL.—The Secretary— 


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1 (A) shall immediately remove or revise the 

2 date-specific deadlines in any applicable regula3 tions or orders to the extent necessary to con4 form with the requirement under subsection (a); 

5 and 

6 (B) may not enforce any date-specific 

7 deadlines or requirements that are inconsistent 

8 with the requirement under subsection (a). 

9 (2) RULE OF CONSTRUCTION.—Except as re10 quired under paragraph (1), nothing in this section 

11 may be construed to require the Secretary to issue 

12 regulations to implement this section. 

13 SEC. 9. HAZARDOUS MATERIALS TRAINING FOR FIRST RE14 SPONDERS. 

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

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

17 the end the following: 

18 ‘‘(4) ADDITIONAL FEE FOR CLASS I RAIL CAR19 RIERS.—In addition to the fees collected pursuant to 

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

21 and annually impose and collect from each Class I 

22 rail carrier a fee in an amount equal to 

23 $1,000,000.’’. 


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1 (b) ASSISTANCE FOR LOCAL EMERGENCY RESPONSE

2 TRAINING.—Section 5116(j) of title 49, United States 

3 Code, is amended— 

4 (1) in paragraph (1)(A), by striking ‘‘liquids’’ 

5 and inserting ‘‘materials’’; and 

6 (2) in paragraph (3), by amending subpara7 graph (A) to read as follows: 

8 ‘‘(A) IN GENERAL.—To carry out the 

9 grant program established pursuant to para10 graph (1),the Secretary may expend, during 

11 each fiscal year— 

12 ‘‘(i) the amounts collected pursuant to 

13 section 5108(g)(4); and 

14 ‘‘(ii) any amounts recovered during 

15 such fiscal year from grants awarded 

16 under this section during a prior fiscal 

17 year.’’. 

18 (c) SUPPLEMENTAL TRAINING GRANTS.—Section 

19 5128(b)(4) of title 49, United States Code is amended by 

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

21 SEC. 10. CONSOLIDATED RAIL INFRASTRUCTURE AND 

22 SAFETY IMPROVEMENTS. 

23 (a) IN GENERAL.—Section 22907(c) of title 49, 

24 United States Code, is amended by adding at the end the 

25 following: 


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1 ‘‘(17) The research, development, or implemen2 tation of wayside defect detectors to better prevent 

3 the derailment of trains transporting hazardous ma4 terials.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to carry out section 

7 22907(c)(17) of title 49, United States Code (as added 

8 by subsection (a)), $22,000,000. 

9 SEC. 11. TANK CAR RESEARCH AND DEVELOPMENT. 

10 (a) IN GENERAL.—The Administrator of the Pipeline 

11 and Hazardous Materials Safety Administration shall 

12 carry out research to develop stronger, safer tank cars and 

13 valves for tank cars and other tank car safety features. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $5,000,000. 

Æ 


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