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 fol-
lowing 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Reducing Accidents In Locomotives Act’’ or the ‘‘RAIL 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Defined term. 
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB
Sec. 3. Recommendations for safety. 
Sec. 4. Rail car inspections. 
Sec. 5. Defect detectors. 
Sec. 6. Increasing maximum civil penalties for violations of rail safety regula-
tions. 
Sec. 7. Safer tank cars. 
Sec. 8. Hazardous materials training for first responders. 
SEC. 2. DEFINED TERM. 
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of Transportation. 
SEC. 3. RECOMMENDATIONS FOR SAFETY. 
(a) RULEMAKING.—Not later than 1 year after the 
date on which the National Transportation Safety Board 
issues the report on the East Palestine, Ohio crash, the 
Secretary, in consultation with the Administrator of the 
Federal Railroad Administration, shall issue regulations, 
or modify existing regulations, based on such report estab-
lishing safety requirements, in accordance with subsection 
(b), with which a rail carrier operating a train trans-
porting hazardous materials that is not subject to the re-
quirements for a high-hazard flammable train under sec-
tion 174.310 of title 49, Code of Federal Regulations, 
shall comply with respect to the operation of each such 
train and the maintenance of specification tank cars. 
(b) REQUIREMENTS.—The regulations issued pursu-
ant to subsection (a) shall require rail carriers— 
(1) to provide advance notification and informa-
tion regarding the transportation of hazardous mate-
rials described in subsection (a) to each State emer-
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB
gency response commissioner, the tribal emergency 
response commission, or any other State or tribal 
agency responsible for receiving the information no-
tification for emergency response planning informa-
tion; 
(2) to include, in the notification provided pur-
suant to paragraph (1), a written gas discharge plan 
with respect to the applicable hazardous materials 
being transported; and 
(3) to reduce or eliminate blocked crossings re-
sulting from delays in train movements. 
(c) ADDITIONAL REQUIREMENTS.—In developing the 
regulations required under subsection (a), the Secretary 
shall include requirements regarding— 
(1) train length and weight; 
(2) train consist; 
(3) route analysis and selection; 
(4) speed restrictions; 
(5) track standards; 
(6) track, bridge, and rail car maintenance; 
(7) signaling and train control; and 
(8) response plans. 
SEC. 4. RAIL CAR INSPECTIONS. 
(a) RULEMAKING.— 
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB
(1) INSPECTION
REQUIREMENTS.—Not later 
than 1 year after date of the enactment of this Act, 
the Secretary shall review and update, as necessary, 
applicable regulations under chapters I and II of 
subtitle B of title 49, Code of Federal Regulations— 
(A) to create minimum time requirements 
that a qualified mechanical inspector must 
spend when inspecting a rail car or locomotive; 
and 
(B) to ensure that all rail cars and loco-
motives in train consists that carry hazardous 
materials are inspected by a qualified mechan-
ical inspector at intervals determined by the 
Secretary. 
(2) ABBREVIATED
PRE-DEPARTURE
INSPEC-
TION.—The Secretary shall immediately amend sec-
tion 215.13(c) of title 49, Code of Federal Regula-
tions (permitting an abbreviated pre-departure in-
spection procedure) with respect to rail cars in train 
consists carrying hazardous materials. 
(b) AUDITS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary 
shall initiate audits of Federal rail car inspection 
programs, subject to the requirements under part 
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB
(B) conduct the audits described in sub-
paragraph (A)(ii) in accordance with— 
(i) the Small Business Regulatory En-
forcement 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.—If, 
during an audit required under this subsection, the 
auditor identifies a deficiency in a railroad’s inspec-
tion program, the railroad shall update the program 
to eliminate such deficiency. 
(4) CONSULTATION AND COOPERATION.— 
(A) CONSULTATION.—In conducting any 
audit required under this subsection, the Sec-
retary shall consult with the railroad being au-
dited and its employees, including any nonprofit 
employee labor organization representing the 
mechanical employees of the railroad. 
(B) COOPERATION.—The railroad being 
audited and its employees, including any non-
profit employee labor organization representing 
mechanical employees, shall fully cooperate with 
any audit conducted pursuant to this sub-
section— 
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB
(i) by providing any relevant docu-
ments requested; and 
(ii) by making available any employees 
for interview without undue delay or ob-
struction. 
(C) FAILURE TO COOPERATE.—If the Sec-
retary determines that a railroad or any of its 
employees, including any nonprofit employee 
labor organization representing mechanical em-
ployees of the railroad is not fully cooperating 
with an audit conducted pursuant to this sub-
section, the Secretary shall electronically notify 
the Committee on Commerce, Science, and 
Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives of such non-
cooperation. 
(c) REVIEW OF REGULATIONS.—The Secretary shall 
triennially determine whether any update to part 215 of 
title 49, Code of Federal Regulations, is necessary to en-
sure the safety of rail cars transported by rail carriers. 
(d) ANNUAL REPORT.—The Secretary shall publish 
an annual report on the public website of the Federal Rail-
road Administration that— 
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB
(1) summarizes the findings of the prior year’s 
audits; 
(2) summarizes any updates made pursuant to 
this section; and 
(3) excludes any confidential business informa-
tion or sensitive security information. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed— 
(1) to limit the deployment of pilot programs 
for the installation, test, verification, and review of 
automated rail and train inspection technologies; or 
(2) 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. 
SEC. 5. DEFECT DETECTORS. 
(a) RULEMAKING.—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 de-
fect detectors for each rail carrier operating a train consist 
carrying hazardous materials. 
(b) REQUIREMENTS.—The regulations issued pursu-
ant to subsection (a) shall include requirements regard-
ing— 
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB
(1) the frequency of the placement of wayside 
defect detectors, including a requirement that all 
Class I railroads install a hotbox detector along 
every 10-mile segment of rail track over which trains 
carrying hazardous materials operate; 
(2) performance standards for such detectors; 
(3) the maintenance and repair requirements 
for such detectors; 
(4) reporting data and maintenance records of 
such detectors; 
(5) appropriate steps the rail carrier must take 
when receiving an alert of a defect or failure from 
or regarding a wayside defect detector; and 
(6) the use of hotbox detectors to prevent 
derailments from wheel bearing failures, including— 
(A) the temperatures, to be specified by 
the Secretary, at which an alert from a hotbox 
detector is triggered to warn of a potential 
wheel bearing failure; and 
(B) any actions that shall be taken by a 
rail carrier upon receiving an alert from a hot-
box detector of a potential wheel bearing fail-
ure. 
(c) DEFECT AND FAILURE IDENTIFICATION.—The 
Secretary shall specify the categories of defects and fail-
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB
ures that wayside defect detectors covered by regulations 
issued pursuant to subsection (a) shall address, includ-
ing— 
(1) axles; 
(2) wheel bearings; 
(3) brakes; 
(4) signals; 
(5) wheel impacts; and 
(6) other defects or failures specified by the 
Secretary. 
(d) SAFETY PLACARDS.— 
(1) IN GENERAL.—In issuing regulations under 
subsection (a), the Secretary shall require that plac-
ards covered under section 172.519 of title 49, Code 
of Federal Regulations, be able to withstand heat in 
excess of 180 degrees. 
(2) UPDATE BASED ON RECOMMENDATIONS.— 
The Secretary may, upon recommendation from the 
National Transportation Safety Board, issue such 
regulations as are necessary to increase the heat 
threshold described in paragraph (1). 
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 6. INCREASING MAXIMUM CIVIL PENALTIES FOR VIO-
LATIONS OF RAIL SAFETY REGULATIONS. 
(a) CIVIL PENALTIES RELATED TO TRANSPORTING 
HAZARDOUS MATERIALS.—Section 5123(a) of title 49, 
United States Code, is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘$75,000’’ and insert-
ing ‘‘the greater of 0.5 percent of the person’s an-
nual income or annual operating income or 
$750,000’’; and 
(2) in paragraph (2), by striking ‘‘$175,000’’ 
and inserting ‘‘the greater of 1 percent of the per-
son’s annual income or annual operating income or 
$1,750,000’’. 
(b) GENERAL VIOLATIONS OF CHAPTER 201.—Sec-
tion 21301(a)(2) of title 49, United States Code, is 
amended— 
(1) by striking ‘‘$25,000.’’ and inserting ‘‘the 
greater of 0.5 percent of the person’s annual income 
or annual operating income or $250,000’’; and 
(2) by striking ‘‘$100,000.’’ and inserting ‘‘the 
greater of 1 percent of the person’s annual income 
or annual operating income or $1,000,000’’. 
(c) ACCIDENT AND INCIDENT VIOLATIONS OF CHAP-
TER 201; VIOLATIONS
OF CHAPTERS 203 THROUGH 
209.—Section 21302(a) is amended— 
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB
(1) in paragraph (1), by striking ‘‘203–209’’ 
each place it appears and inserting ‘‘203 through 
209’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘$25,000’’ and inserting 
‘‘the greater of 0.5 percent of the person’s an-
nual income or annual operating income or 
$250,000’’; and 
(B) 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’’. 
(d) 
VIOLATIONS
OF
CHAPTER
211.—Section 
21303(a)(2) is amended— 
(1) 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 
(2) 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’’. 
SEC. 7. SAFER TANK CARS. 
(a) PHASE-OUT SCHEDULE.—Beginning on May 1, 
2028, 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 
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB
in effect on the date of enactment of this Act, to transport 
Class 3 flammable liquids regardless of the composition 
of the train consist. 
(b) CONFORMING REGULATORY AMENDMENTS.— 
(1) IN GENERAL.—The Secretary— 
(A) shall immediately remove or revise the 
date-specific deadlines in any applicable regula-
tions or orders to the extent necessary to con-
form with the requirement under subsection (a); 
and 
(B) may not enforce any date-specific 
deadlines or requirements that are inconsistent 
with the requirement under subsection (a). 
(2) RULE OF CONSTRUCTION.—Except as re-
quired under paragraph (1), nothing in this section 
may be construed to require the Secretary to issue 
regulations to implement this section. 
SEC. 8. HAZARDOUS MATERIALS TRAINING FOR FIRST RE-
SPONDERS. 
(a) ANNUAL REGISTRATION FEE.—Section 5108(g) 
of title 49, United States Code, is amended by adding at 
the end the following: 
‘‘(4) ADDITIONAL FEE FOR CLASS I RAIL CAR-
RIERS.—In addition to the fees collected pursuant to 
paragraphs (1) and (2), the Secretary shall establish 
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB
and annually impose and collect from each Class I 
rail carrier a fee in an amount equal to 
$1,000,000.’’. 
(b) ASSISTANCE FOR LOCAL EMERGENCY RESPONSE 
TRAINING.—Section 5116(j)(1)(A) of title 49, United 
States Code, is amended— 
(1) by striking ‘‘liquids’’ and inserting ‘‘mate-
rials’’; and 
(2) in paragraph (3), by amending subpara-
graph (A) to read as follows: 
‘‘(A) IN
GENERAL.—To carry out the 
grant program established pursuant to para-
graph (1), the Secretary may expend, during 
each fiscal year— 
‘‘(i) the amounts collected pursuant to 
section 5108(g)(4); and 
‘‘(ii) any amounts recovered during 
such fiscal year from grants awarded 
under this section during a prior fiscal 
year.’’. 
(c) 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’’. 
Æ 
VerDate Sep 11 2014 
02:28 Apr 06, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H1633.IH
H1633
pbinns on DSKJLVW7X2PROD with $$_JOB