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 Infrastruc-
ture, and in addition to the Committee on Science, Space, and Tech-
nology, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
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 
‘‘Railway Safety Act of 2023’’. 
(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. 
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 regula-
tions. 
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. 
SEC. 2. DEFINED TERM. 
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of Transportation. 
SEC. 3. SAFETY REQUIREMENTS FOR TRAINS TRANS-
PORTING HAZARDOUS MATERIALS. 
(a) RULEMAKING.—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 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 shippers and rail car-
riers— 
(1) to provide advance notification and informa-
tion regarding the transportation of hazardous mate-
rials described in subsection (a) to each State emer-
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(d) HIGH-HAZARD FLAMMABLE TRAINS.—The Sec-
retary may modify the safety requirements for trains sub-
ject to section 174.310 of title 49, Code of Federal Regu-
lations, to satisfy, in whole or in part, the rulemaking re-
quired under subsection (a). 
SEC. 4. RAIL CAR INSPECTIONS. 
(a) RULEMAKING.— 
(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-
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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 
215 of title 49, Code of Federal Regulations, 
which— 
(A) consider whether such programs are in 
compliance with such part 215; 
(B) assess the type and content of training 
and performance metrics that such programs 
provide rail car inspectors; 
(C) determine whether such programs pro-
vide inspectors with adequate time to inspect 
rail cars; 
(D) determine whether such programs re-
flect the current operating practices of the rail-
road carrier; and 
(E) ensure that such programs are not 
overly reliant on train crews. 
(2) 
AUDIT
SCHEDULING.—The 
Secretary 
shall— 
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(A) schedule the audits required under 
paragraph (1) to ensure that— 
(i) each Class I railroad is audited not 
less frequently than once every 5 years; 
and 
(ii) a select number, as determined by 
the Secretary, of Class II and Class III 
railroads are audited annually; and 
(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 
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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— 
(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. 
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(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— 
(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 
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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— 
(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 
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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-
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. 
SEC. 6. SAFE FREIGHT ACT OF 2023. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Safe Freight Act of 2023’’. 
(b) FREIGHT TRAIN CREW SIZE.—Subchapter II of 
chapter 201 of title 49, United States Code, is amended 
by inserting after section 20153 the following: 
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‘‘§ 20154. Freight train crew size safety standards 
‘‘(a) 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 ap-
propriately qualified and certified locomotive engineer. 
‘‘(b) EXCEPTIONS.—Except as provided in subsection 
(c), the requirement under subsection (a) shall not apply 
with respect to— 
‘‘(1) train operations on track that is not a 
main line track; 
‘‘(2) a freight train operated— 
‘‘(A) by a railroad carrier that has fewer 
than 400,000 total employee work hours annu-
ally and less than $40,000,000 annual revenue 
(adjusted for inflation, as calculated by the Sur-
face Transportation Board Railroad Inflation- 
Adjusted Index and Deflator Factor Table); 
‘‘(B) at a speed of not more than 25 miles 
per hour; and 
‘‘(C) 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; 
‘‘(3) locomotives performing assistance to a 
train that has incurred mechanical failure or lacks 
the power to traverse difficult terrain, including 
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traveling to or from the location where assistance is 
provided; 
‘‘(4) locomotives that— 
‘‘(A) are not attached to any equipment or 
are attached only to a caboose; and 
‘‘(B) do not travel farther than 30 miles 
from the point of origin of such locomotive; and 
‘‘(5) train operations staffed with fewer than a 
2-person crew at least 1 year before the date of en-
actment of this section, if the Secretary determines 
that such operations achieve an equivalent level of 
safety as would result from compliance with the re-
quirement under subsection (a). 
‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The ex-
ceptions under subsection (b) may not be applied to— 
‘‘(1) 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 Regula-
tions); 
‘‘(2) a train transporting— 
‘‘(A) 20 or more loaded tank cars of a 
Class 2 material or a Class 3 flammable liquid 
in a continuous block; or 
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‘‘(B) 35 or more loaded tank cars of a 
Class 2 material or a Class 3 flammable liquid 
throughout the train consist; or 
‘‘(3) a train with a total length of at least 
7,500 feet. 
‘‘(d) WAIVER.—A railroad carrier may seek a waiver 
of the requirements under this section in accordance with 
section 20103(d).’’. 
(c) CLERICAL AMENDMENT.—The analysis for sub-
chapter 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 safety standards.’’. 
SEC. 7. 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, as applica-
ble, or $750,000’’; and 
(2) in paragraph (2), by striking ‘‘$175,000’’ 
and inserting ‘‘the greater of 1 percent of the per-
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son’s annual income or annual operating income, as 
applicable, 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, as applicable, 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, as applicable, or 
$1,000,000’’. 
(c) ACCIDENT AND INCIDENT VIOLATIONS OF CHAP-
TER 201; VIOLATIONS
OF CHAPTERS 203 THROUGH 
209.—Section 21302(a) of title 49, United States Code, 
is amended— 
(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, as ap-
plicable, or $250,000’’; and 
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(B) by striking ‘‘$100,000’’ and inserting 
‘‘the greater of 1 percent of the person’s annual 
income or annual operating income, as applica-
ble, or $1,000,000’’. 
(d) 
VIOLATIONS
OF
CHAPTER
211.—Section 
21303(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, as applicable, 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, as applicable, or 
$1,000,000’’. 
SEC. 8. SAFER TANK CARS. 
(a) PHASE-OUT SCHEDULE.—Notwithstanding sec-
tion 7304 of the FAST Act (49 U.S.C. 20155 note), be-
ginning 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. 
(b) CONFORMING REGULATORY AMENDMENTS.— 
(1) IN GENERAL.—The Secretary— 
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(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. 9. 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 
and annually impose and collect from each Class I 
rail carrier a fee in an amount equal to 
$1,000,000.’’. 
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(b) ASSISTANCE FOR LOCAL EMERGENCY RESPONSE 
TRAINING.—Section 5116(j) of title 49, United States 
Code, is amended— 
(1) in paragraph (1)(A), by striking ‘‘liquids’’ 
and inserting ‘‘materials’’; 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’’. 
SEC. 10. CONSOLIDATED RAIL INFRASTRUCTURE AND 
SAFETY IMPROVEMENTS. 
(a) IN GENERAL.—Section 22907(c) of title 49, 
United States Code, is amended by adding at the end the 
following: 
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‘‘(17) The research, development, or implemen-
tation of wayside defect detectors to better prevent 
the derailment of trains transporting hazardous ma-
terials.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out section 
22907(c)(17) of title 49, United States Code (as added 
by subsection (a)), $22,000,000. 
SEC. 11. TANK CAR RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Administrator of the Pipeline 
and Hazardous Materials Safety Administration shall 
carry out research to develop stronger, safer tank cars and 
valves for tank cars and other tank car safety features. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000. 
Æ 
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