H.R. 1633House118th Congress (2023-2025)In Committee

RAIL Act

AI-Generated Summary

Updated January 20, 2026 at 4:55 AM UTC

The Reducing Accidents In Locomotives (RAIL) Act seeks to strengthen safety for trains that transport hazardous materials. It directs the Secretary of Transportation to issue new rules on train operations, inspections, defect detectors, penalties, tank‑car standards, and first‑responder training. The measures apply to rail carriers—especially Class I railroads—and to state, tribal and local emergency‑response agencies.

Key Provisions

Require the Secretary to issue safety regulations within one year of the NTSB East Palestine report, including advance notification to states, written gas‑discharge plans, and limits on blocked crossings, plus standards for train length, speed, track and routing
Mandate updated rail‑car inspection rules: set minimum inspection times, require qualified mechanical inspectors, allow abbreviated pre‑departure inspections, and require audits of rail‑car inspection programs with Class I audits at least every five years
Establish rules for wayside defect detectors, requiring Class I railroads to install hot‑box detectors every 10 miles, set performance and maintenance standards, and define response actions to detector alerts
Increase maximum civil penalties for rail‑safety violations, tying fines to a percentage of the violator’s annual income (up to $750,000‑$1.75 million for hazardous‑material violations and up to $1 million for other violations)
Phase out DOT‑111 tank cars for Class 3 flammable liquids by May 1 2028, requiring use of DOT‑117‑type specifications for such shipments
Impose a $1 million annual fee on each Class I rail carrier to fund hazardous‑materials training for first responders and double the supplemental training grant ceiling to $4 million

Legislative Activity

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HouseFloor Latest Action

ASSUMING FIRST SPONSORSHIP - Mrs. Sykes asked unanimous consent that she may hereafter be considered as the first sponsor of H.R. 1633, a bill originally introduced by Representative Johnson (OH), for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.

January 29, 2024 • 7:07 PM

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HouseIntro Referral

Introduced in House

March 17, 2023

HouseIntro Referral

Referred to the House Committee on Transportation and Infrastructure.

Transportation and Infrastructure Committee

March 17, 2023

HouseCommittee

Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.

Railroads, Pipelines, and Hazardous Materials Subcommittee

March 20, 2023

HouseFloor

January 29, 2024 • 7:07 PM

Floor Debate

1 member

What members said about H.R. 1633 on the floor

1 Democrat

Rep. Emilia Strong SykesD-OH-13 · Jan 29, 2024

Mr. Speaker, I ask unanimous consent that I may hereafter be considered as the first sponsor of H.R. 1633, a bill originally introduced by Representative Johnson of Ohio, for the purposes of adding…

Bill Text

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Introduced in HouseIssued March 17, 2023

118th CONGRESS

1st Session

H. R. 1633

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.

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.

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.

Defined term

In this Act, the term Secretary means the Secretary of Transportation.

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 establishing safety requirements, in accordance with subsection (b), with which a rail carrier operating a train transporting hazardous materials that is not subject to the requirements for a high-hazard flammable train under section 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 pursuant to subsection (a) shall require rail carriers—

(1)

to provide advance notification and information regarding the transportation of hazardous materials described in subsection (a) to each State emergency response commissioner, the tribal emergency response commission, or any other State or tribal agency responsible for receiving the information notification for emergency response planning information;

(2)

to include, in the notification provided pursuant 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 resulting 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.

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 locomotives in train consists that carry hazardous materials are inspected by a qualified mechanical inspector at intervals determined by the Secretary.

(2)

Abbreviated pre-departure inspection

The Secretary shall immediately amend section 215.13(c) of title 49, Code of Federal Regulations (permitting an abbreviated pre-departure inspection 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 provide inspectors with adequate time to inspect rail cars;

(D)

determine whether such programs reflect the current operating practices of the railroad carrier; and

(E)

ensure that such programs are not overly reliant on train crews.

(2)

Audit scheduling

The Secretary shall—

(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 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

If, during an audit required under this subsection, the auditor identifies a deficiency in a railroad's inspection 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 Secretary shall consult with the railroad being audited 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 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.

(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 ensure 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 Railroad 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 information or sensitive security information.

(e)

Rule of construction

Nothing in this section 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.

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 defect detectors for each rail carrier operating a train consist carrying hazardous materials.

(b)

Requirements

The regulations issued pursuant to subsection (a) shall include requirements regarding—

(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 hotbox detector of a potential wheel bearing failure.

(c)

Defect and failure identification

The Secretary shall specify the categories of defects and failures that wayside defect detectors covered by regulations issued pursuant to subsection (a) shall address, including—

(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 placards 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).

Increasing maximum civil penalties for violations 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 inserting the greater of 0.5 percent of the person's annual 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 person's annual income or annual operating income or $1,750,000.

(b)

General violations of chapter 201

Section 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 chapter 201; violations of chapters 203 through 209

Section 21302(a) 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 annual 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.

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 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 regulations or orders to the extent necessary to conform 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 required under paragraph (1), nothing in this section may be construed to require the Secretary to issue regulations to implement this section.

Hazardous materials training for first responders

(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 carriers

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.

(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 materials; and

(2)

in paragraph (3), by amending subparagraph (A) to read as follows:

(A)

In general

To carry out the grant program established pursuant to paragraph (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.