H.R. 7662 — Railroad Safety Enhancement Act of 2026

This section establishes definitions for this title by incorporating, except as otherwise provided, the definitions in section 20155 of title 49, United States Code, as amended by section 102(a), and specifies that the term “Secretary” means the Secretary of Transportation.

This section revises section 20155 of title 49, United States Code, by replacing prior requirements for Federal Railroad Administration validation of tank car predictive models within one year of enactment, rulemaking on pressurized tank car standards within 18 months, and analysis of pre-1989 tank car impact resistance with a report within 18 months with definitions of "high-hazard train" (i.e., a single train transporting 20 or more tank cars loaded with flammable liquid; 1 tank car loaded with material toxic by inhalation; 1 or more cars with high-level radioactive waste or spent nuclear fuel; 10 or more cars with explosives; 5 or more tank cars with flammable gas; or 20 or more cars with any combination of flammable liquids, gases, or explosives) and related terms. The revision further directs the Secretary of Transportation, not later than one year after enactment of the Railroad Safety Enhancement Act of 2026, to issue regulations that (1) rescind 49 CFR 174.310(a)(4) and (5) for tank cars carrying hazardous materials other than Class 3 flammable liquids; (2) revise 49 CFR 174.310(a)(2) to limit all trains to 50 miles per hour and high-hazard trains with 20 or more flammable liquid cars to 40 miles per hour in high-threat urban areas unless tank cars meet or exceed specified DOT-117 standards; (3) require high-hazard train operators to comply with high-hazard flammable train rules under 49 CFR 174.310; (4) require Class I railroads transporting hazardous materials to generate real-time electronic train consist data (including hazardous material details, origin, destination, emergency info, and contacts) and enter memoranda of understanding with fusion centers for access; (5) require Class I railroads to submit commodity flow reports on high-hazard trains (e.g., weekly estimates by county, 25% volume change updates, routes, and contacts) to State and Tribal emergency response commissions consistent with 49 CFR 174.312; and (6) require such commissions to share received information with requesting political subdivisions or public emergency response and law enforcement agencies, including updates.

This section directs the Secretary of Transportation, not later than one year after submitting to Congress the report required under section 22422(d) of the Passenger Rail Expansion and Rail Safety Act of 2021 (Public Law 117-58), to evaluate safety concerns regarding long freight trains identified in the GAO report titled “Freight Trains Are Getting Longer, and Additional Information Is Needed to Assess Their Impact” (GAO–19–443) and that statutorily required report, and to review and update, if necessary for safety and in compliance with E.O. 12866 (relating to regulatory planning and review), existing safety regulations to address the impact of train length and weight on high-hazard train operations. Not later than three years after submitting the report required under subsection (a), if any recommendations remain unaddressed, the Secretary must submit to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure a report justifying the inaction. The section also requires the Secretary to revise railroad accident or incident reporting forms to include trailing tonnages for involved trains and directs the Federal Railroad Administration to publish on its Rail Safety Data website summaries of reportable incidents and accidents categorized by train length and weight.

This section directs the Secretary of Transportation to commission a National Academy of Sciences study of the 20 most frequently blocked highway-rail grade crossings in at least 10 states—selected using Federal Railroad Administration data, grade crossing outreach expertise, a public portal, and geographic diversity—and to provide recommendations on preventing or reducing extended blockages. The study must include at least three independent engineering or rail experts with no rail industry financial ties; examine safety, financial, efficiency, community, and operational impacts; identify blockage causes; and propose practical solutions. Not later than two years after enactment, the Secretary must submit the study's results to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure, funded by up to $2 million from FY2026 appropriations under 49 U.S.C. 20108 (railroad safety research, development, testing, evaluation, and training). This section also amends the Railroad Crossing Elimination Program (RCEP; 49 U.S.C. 22909)—which provides grants to states, local governments, and public transportation agencies to eliminate highway-rail or pathway grade crossings—to (1) add bus routes to a school or within one mile of a school as a project type given additional grant consideration under subsection (f)(2)(C), and (2) limit the federal share for such projects to 85 percent under new subsection (g)(2). Additionally, this section requires each railroad carrier, within 180 days of enactment, to establish and maintain a toll-free telephone service for reporting blocked highway-rail grade crossings on its dispatched rights-of-way (using an existing number under 49 U.S.C. 20152(a)(1) if available); notify the Secretary of the number for public posting on a Department of Transportation website; with a waiver available for Class II and III carriers if toll-free service is cost-prohibitive or unnecessary.

This section prohibits railroads from limiting the time available for employees to complete railcar, locomotive, and brake inspections to ensure compliance with safety laws and regulations and requires employees to perform such inspections promptly except for safety-related reasons (new 49 U.S.C. 20172). This section directs the Secretary of Transportation, not later than 120 days after enactment, to amend pre-departure railcar inspection requirements for Class I railroads under 49 CFR part 215 to (1) require designated inspection locations with available qualified inspectors after consultation with the Federal Railroad Administration; (2) ensure all freight cars are inspected at such locations in the direction of travel as soon as practicable; and (3) require designation of qualified inspectors subject to existing collective bargaining agreements. This section further directs the Secretary, not later than one year after enactment, to review and amend as necessary regulations under 49 CFR parts 229 and 243 to (1) ensure appropriate training and proficiency for locomotive inspectors and (2) require an additional daily inspection of Class I locomotives by a qualified mechanical inspector between existing intervals under 49 CFR 229.23(b)(2). This section requires the Secretary, not later than 60 days after enactment, to initiate audits of railroads' compliance with railcar, locomotive, and train brake system inspection requirements under 49 CFR chapter II, subtitle B—including procedures, training, interference with inspections, defect reporting, coercion, and use of qualified personnel—with audits scheduled for every Class I railroad at least once every five years and a limited number of Class II and III railroads (excluding tourist/excursion operations) annually in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) and 49 CFR part 209, appendix C; requires railroads to remedy identified deficiencies after notice and opportunity to respond; and mandates consultation with and full cooperation from railroads and their employees (including labor organizations).

This section directs the Federal Railroad Administration (FRA) Administrator, not later than 30 days after enactment, to convene a meeting of the Railroad Safety Advisory Committee (RSAC)—a federal advisory committee that recommends rail safety regulations—to consider a regulatory task on emergency brake signal functioning, including (1) the sufficiency of regulations under 49 CFR part 232 on end-of-train and head-of-train device communications, (2) adequate implementation of National Transportation Safety Board (NTSB) Safety Recommendations R-20-028 and R-20-029, (3) benefits of more frequent communication checks between such devices, and (4) benefits of repeating emergency brake signal transmissions until receipt by the end-of-train device. Not later than 90 days after the meeting, an RSAC working group must develop initial recommendations on these matters and a work plan for their implementation.

This section adds a new section 20173 to subchapter II of chapter 201 of title 49, United States Code, to establish defect detection system requirements for Class I rail carriers (i.e., large freight railroads). (As background, defect detectors are wayside devices that identify mechanical issues such as overheated wheel bearings to help prevent derailments.) The section directs the Secretary of Transportation to develop a defect detector analysis program that includes research, testing, and evaluation of standards for maintenance, testing, inspection, and installation of defect detectors; alert thresholds and algorithms; decision-making processes for safety actions (e.g., stopping or slowing trains); and existing and emerging technologies. The section requires the Secretary to issue a final rule mandating that each Class I carrier submit a risk-based defect detection system plan with the following elements: (1) a summary of the proposed detector network, including implementation timeline, risk reduction near population centers and on high-hazard train routes (i.e., those defined in 49 U.S.C. 20155(a)(6)), and compliance with performance standards; (2) risk-based spacing for overheated wheel bearing detectors—10 miles before entering urbanized areas with populations of at least 75,000, averaging 15 route miles on main lines without acoustic bearing detectors (or similar technology), or 20 route miles with such technology (accounting for physical terrain); (3) spacing and types of other wayside detectors; (4) manufacturer performance expectations and compliance assessments; (5) procedures for safety alerts to crew and maintenance staff; (6) data-sharing capabilities with other carriers and railcar owners; (7) employee training policies; (8) record maintenance policies for at least five years (excluding individual alerts); and (9) designs for data collection and analysis, including alerts and thresholds.

This section, the Safe Freight Act of 2023, establishes freight train crew size safety standards (at 49 U.S.C. 20154) requiring Class I railroads to operate freight trains with a 2-person crew consisting of at least one appropriately qualified and certified conductor and one appropriately qualified and certified locomotive engineer, except as specified. Exceptions apply to (1) operations on track that is not main line track; (2) locomotives providing assistance to trains with mechanical failure or insufficient power; (3) locomotives not attached to equipment (or attached only to a caboose) traveling no farther than 50 miles from origin; and (4) train operations staffed with fewer than a 2-person crew for at least one year before enactment, unless the Secretary of Transportation determines they do not achieve equivalent safety. Such exceptions do not apply to high-hazard trains or train consists at least 7,500 feet long. Railroads may seek waivers under existing authority (49 U.S.C. 20103), and the provision preserves the Secretary's regulatory authority.

This section revises civil penalties for violations of rail safety requirements, regulations, or orders under 49 USC chapters 201–211 (i.e., covering track safety, signals, hours of service, and related matters enforced by the Federal Railroad Administration). It (1) establishes base penalties of $5,000–$1,000,000 per violation ($1,000–$200,000 for small business concerns including Class III railroads), with a separate violation for each day the violation continues and individual acts causing a carrier violation treated as violations; (2) authorizes maximum penalties of $5,000,000 ($500,000 for small businesses) if a violation causes death, serious illness or injury, imminent hazard, or substantial property destruction; (3) permits doubling penalties for repeated violations or deliberate indifference; and (4) expands venue for judicial enforcement to the district of the violation, a defendant's principal office, or an individual's residence. The section further (1) deems railroad carriers to have knowledge of their officers' and agents' chapter 211 (hours of service) violations; (2) sets a two-year statute of limitations for such violations (extendable to five years with administrative notification under 31 USC 3711, per 28 USC 2462); and (3) treats each day of noncompliance with employee sleeping quarters requirements (49 USC 21106) as a separate violation. Finally, this section requires future inflation adjustments to minimum penalties (as amended) rounded to the nearest $100 and maximums to the nearest $1,000 (notwithstanding the Federal Civil Penalties Inflation Adjustment Act) and repeals 49 USC 21302 (penalties applicable to chapter 201–211 violations) and 21303 (penalties for chapter 211 violations).

This section prohibits the use of railroad tank cars to transport Class 3 flammable liquids in packing groups II and III (other than certain liquids listed in section 7304(b)(1)-(2) of the Hazardous Materials Transportation Safety Improvement Act of 2015) beginning December 31, 2027, unless the tank cars meet or exceed DOT-117, DOT-117P, or DOT-117R specifications (including DOT-105A, DOT-105H, DOT-105J, DOT-105S, DOT-112H, DOT-112S, DOT-112J, DOT-120J, and DOT-120S tank cars). (Thus, older tank cars such as non-retrofitted DOT-111 models must be phased out, retrofitted, or repurposed for non-hazardous service to comply.) It further (1) directs the Secretary of Transportation to conform regulations by removing or revising inconsistent date-specific deadlines without requiring new rulemaking; (2) authorizes the Secretary to delay the phase-out to December 31, 2028, based on a Government Accountability Office (GAO) report if needed due to insufficient manufacturing capacity or impacts to interstate commerce; and (3) requires the GAO to submit that report within 18 months of enactment assessing North American manufacturing capacity for new and retrofitted tank cars, replacement schedules, phase-out needs, retrofit feasibility, and demand for new tank cars.

This section directs the Federal Railroad Administration to award grants for research and development of defect detectors and derailment prevention technologies for trains transporting hazardous materials, subject to Class I railroad eligibility restrictions under 49 U.S.C. 22907 (i.e., the Rail Vehicle Technology Grant Program, which generally prioritizes smaller railroads and other entities for safety and efficiency improvements). The section authorizes $22 million for such grants, to remain available until expended.

This section authorizes $5,000,000 to the Pipeline and Hazardous Materials Safety Administration for expenses related to the development of (1) stronger, safer tank cars and valves for tank cars and (2) other tank car safety features.

This section directs the Inspector General of the Department of Transportation, not later than one year after enactment of this Act, to review the Federal Railroad Administration’s (FRA) safety culture using the framework developed by the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development (OECD) and to submit a report with recommendations for improvement to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure. The review must consider the impacts of FRA’s (1) reorganization of its safety offices and management structure, (2) reorganization of its policy and research offices, and (3) telework policies, including changes since the COVID-19 pandemic. Not later than one year after submission of the report, the Secretary of Transportation must submit an action plan addressing the Inspector General’s recommendations and findings to the same committees and post it on a public-facing website.

This section directs the Comptroller General of the United States to review currently available technologies for protecting roadway workers (i.e., railroad employees such as maintenance-of-way workers who foul a track, as defined in 49 CFR 214.7) from being struck by trains or other on-track equipment and to submit a report summarizing the review, with recommendations, to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure not later than one year after enactment. The report must (1) describe the frequency, types, and causes of such incidents within the rail right-of-way based on available data, including worker compliance with applicable rules; (2) describe relevant technologies as secondary warning systems to standard rail carrier procedures, including for each the primary function and features, maturity and implementation readiness, frequency of use, costs, safety benefits relative to current practices, and ability to enhance protections without harming operations or network efficiency; (3) discuss the technologies' potential to reduce or eliminate such accidents; (4) identify challenges or barriers to adoption, including operational, technical, and network efficiency issues; and (5) assess the cost-beneficial nature of the technologies as secondary warning systems.

This section directs the Inspector General of the Department of Transportation, not later than one year after enactment, to submit to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure a report reviewing Federal Railroad Administration (FRA) Office of Railroad Safety inspector and specialist staff resource management. The report must assess (1) changes in the number of FRA safety inspectors and specialists, including vacancies, positions requested in budget requests over the last 10 fiscal years, and actual workforce levels in those years; (2) geographic allocation plans, hiring and time-to-hire challenges, expected retirement rates, and recruitment and retention strategies; (3) any internal FRA goals for compliance inspection rates across regulated activities and alignment of requested and actual workforce levels with those goals; (4) effectiveness of the system for notifying, processing, or storing civil penalty enforcement cases and other compliance actions recommended by inspectors and specialists against railroads, hazardous materials shippers, and other respondents; (5) any macroeconomic or other conditions hindering vacancy fills and the potential of special pay rates or other practices to address them; and (6) recommendations for reforms to improve recruitment, hiring, and retention (including quality-of-life and workplace improvements); enhance workforce management processes; or increase inspection capacity (including for hazardous materials transport) if deficient.

This section directs the Director of the Office of Personnel Management, not later than 270 days after enactment, to review the Railroad Safety Series (GS-2121, TS-37)—which covers federal railroad safety inspector and specialist positions—and revise it as appropriate to reflect factors impacting the Federal Railroad Administration's oversight of the railroad industry, including current FRA disciplines and technological advancements and operational conditions in the industry. If the Director determines that revision is not appropriate, the Director must submit a report to the Senate Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation and the House Committees on Oversight and Government Reform and Transportation and Infrastructure within 30 days after completing the review explaining the findings and justifying the determination.

This section directs the Secretary of Transportation, not later than one year after enactment, to amend 49 CFR part 219—governing railroad alcohol and drug testing programs—to require employees who inspect locomotives, passenger cars, railcars, or other on-track equipment on behalf of a railroad to undergo breath or body fluid testing under subparts C (post-accident testing), D (random testing), and E (pre-employment, return-to-duty, and follow-up testing) of that part.

This section directs the NASA Administrator and FRA Administrator to jointly ensure that their confidential close call reporting system provides for (1) confidentiality of reports; (2) acceptance of audio or video files from an individual's personal device; (3) inclusion of event location, including GPS coordinates; (4) eligibility of reports for any craft; and (5) authority to take or require remedial safety actions based solely on one or more reports. It further requires each Class I railroad and Amtrak to enroll in the system within 60 days of enactment for two years.

This section conditions a state department of transportation's eligibility for financial assistance under specified federal rail grant programs (49 U.S.C. §§22907, 24911) on notifying first responders about the AskRail application within 180 days of receiving such assistance, if a Class I railroad operates in the state, and requires the state to submit evidence of and certify completion of the notification to the Federal Railroad Administration (FRA). This section further directs the FRA Administrator, in consultation with the Federal Communications Commission, Department of Agriculture, and National Telecommunications and Information Administration, to establish a pilot program to enhance AskRail connectivity for first responders during rail accidents by (1) identifying and prioritizing rail network areas most in need of connectivity; (2) within 90 days of enactment, soliciting proposals and entering cooperative agreements with 1 to 4 eligible entities (e.g., broadband internet access service providers, satellite internet providers, or providers of supplemental coverage from space or fixed wireless technology) experienced in rural deployments and emergency response contracting; and (3) contracting for broadband internet access service, fixed wireless technology, or supplemental coverage from space. The section authorizes $25 million for the pilot program for each of FY2026 through FY2029 and requires FRA to report to specified congressional committees within one year of the pilot's conclusion on its effectiveness, recommendations for broader rail network deployment, and updates to grant priorities to promote emergency communications modernization, including integration with the nationwide public safety broadband network.

This section revises the authorization of appropriations for the Railroad Crossing Elimination Grant Program (49 U.S.C. 22909) by (1) authorizing $1,500,000,000 for each of fiscal years 2026 through 2029; and (2) requiring each state department of transportation to submit to the Federal Railroad Administration a summary of the most dangerous grade crossings in the state to be eligible for the funds. (The program awards competitive grants to states, local governments, Indian tribes, public port authorities, metropolitan planning organizations, and groups thereof for highway-rail or pathway-rail grade crossing improvements, such as grade separations, closures, track relocations, protective devices, or planning.)

This section directs the Secretary of Transportation, not later than one year after enactment, to promulgate or update regulations requiring all railroads to provide warning equipment to railroad watchmen and lookouts for roadway workers (i.e., maintenance employees on or near tracks) that (1) includes whistles, air horns, white disks or red flags, or lanterns; and (2) permits verbal warnings only if a single worker is within arm's reach of the issuer.

This section requires the Secretary of Transportation to establish and collect an annual hazardous materials registration fee—in addition to the fee under 49 U.S.C. 5108(g)(1)—of at least $250 but not more than $500 for small businesses (per 13 C.F.R. part 121) and at least $500 but not more than $5,000 for other persons required to register. (Thus, the fee tiers apply to all entities offering hazardous materials for transportation in commerce or transporting them.)

This section requires the Secretary of Transportation to recommend development of virtual learning adaptations for hazardous materials training courses described in current law and any other courses the Secretary identifies as suitable, subject to ensuring virtual options provide an equivalent level of training as in-person courses.

This section revises the hazardous materials transportation emergency response and preparedness grant program (49 U.S.C. §5116(a)) by (1) expanding allowable uses of grant funds to include, until September 30, 2026, purchasing personal protective equipment (limited to 50% of funds, with maintenance requirements), conducting simulated and field exercises for incidents, and developing jurisdiction-specific emergency response gap analyses (coordinating with stakeholders including tribes and requiring plans to address training and equipment gaps); (2) authorizing training grant reimbursements for replacement personnel costs and volunteer lost wages (up to a reasonable amount); (3) requiring states (except tribes and territories) receiving grants to allocate not less than 70% (or equivalent services) to eligible local entities (e.g., political subdivisions, public response organizations) within 180 days, with certifications, potential extensions, direct funding petitions, and prioritization for volunteer-heavy areas; and (4) updating grant award criteria to consider support for national incident response near transport infrastructure and shipment volumes. (As background, the program, administered by the Department of Transportation, funds state, local, and tribal training and planning to improve responses to hazardous materials transportation incidents.)

This section establishes an emergency response assistance program, to be implemented by the Secretary of Transportation (in consultation with the Federal Emergency Management Agency and Environmental Protection Agency) not later than one year after enactment of the Railroad Safety Enhancement Act of 2026, to provide immediate financial reimbursements from the Hazardous Materials Emergency Preparedness Fund to eligible entities responding to a significant hazardous materials transportation incident (i.e., an incident involving motor or rail carriers that requires a response estimated to cost an eligible entity at least $15,000 and results in a serious injury, fatality, or substantial property damage exceeding $45,000). (The fund supports state and tribal grants for hazardous materials planning and emergency response training under 49 U.S.C. 5116.) The Secretary may declare such incidents using published guidelines and release up to $10 million per incident (with additional amounts as needed) if the responsible party lacks or fails to comply with an acceptable reimbursement plan within 14 to 21 days; eligible entities include states, territories, tribes, their political subdivisions, and public emergency response organizations. Funds may be used only for (1) replacing damaged personal protective equipment; (2) overtime pay for responders; (3) incremental operational costs directly related to the incident (e.g., supplementary emergency response centers); (4) baseline health assessments for responders, not exceeding $1,000 per person (adjusted annually for inflation); or (5) eligible costs incurred within 30 days of the incident, with documentation required within one year and reimbursement to the fund required for misuse.