H.R. 7748 — Railway Safety Act of 2026

This section defines terms used in this title by incorporating, except as otherwise provided, the definitions in 49 U.S.C. 20155 (as amended by section 102(a)); defines "Class I railroad" as having the meaning given in 49 U.S.C. 20102(1); and specifies that "Secretary" means the Secretary of Transportation.

This section revises 49 U.S.C. 20155 to define "high-hazard train" as a single train transporting specified quantities of hazardous materials (i.e., 20 or more tank cars loaded with flammable liquids; 1 or more tank cars 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 to direct the Secretary of Transportation, not later than one year after enactment of the Railway Safety Act of 2026, to issue regulations that— (1) rescind 49 C.F.R. 174.310(a)(4) and (5) for tank cars carrying hazardous materials other than Class 3 flammable liquids; (2) revise 49 C.F.R. 174.310(a)(2) to limit all trains to a maximum speed of 50 miles per hour and high-hazard trains with 20 or more cars loaded with flammable liquids to 40 miles per hour within high-threat urban areas unless tank cars meet or exceed specified DOT-117 standards (i.e., DOT-105A, DOT-105H, DOT-105J, DOT-105S, DOT-112H, DOT-112J, DOT-112S, or DOT-120S); (3) require rail carriers operating high-hazard trains to comply with high-hazard flammable train requirements under 49 C.F.R. 174.310; (4) require Class I railroads transporting hazardous materials to generate real-time electronic train consist information (including hazardous material identity, quantity, location, origin, destination, emergency response data, and a contact) and enter memoranda of understanding with fusion centers for secure access; (5) require Class I railroads to submit commodity flow reports for high-hazard trains to State or Tribal emergency response commissions (including weekly estimates by county, 25% volume change updates, material descriptions, routes, and contacts), consistent with 49 C.F.R. 174.312; (6) require State emergency response commissions to share such information with requesting local political subdivisions or public agencies responsible for emergency response or law enforcement, including updates; and (7) prohibit Class I railroads, employees, or agents from [text cuts off in provision]. (Thus, the revision replaces prior requirements for Federal Railroad Administration validation of a tank car predictive model within one year of enactment, pressurized tank car design rulemaking within 18 months, and analysis of pre-1989 pressure tank car impact resistance within one year with a report within six months.)

This section directs the Secretary of Transportation, not later than one year after enactment, to evaluate rail safety concerns identified in a specified GAO report on longer freight trains (GAO–19–443) and a report required by the Passenger Rail Expansion and Rail Safety Act of 2021, and—if necessary for safety and compliance with Executive Order 12866 (relating to regulatory planning and review)—to update existing safety regulations to address impacts of train length and weight on high-hazard train operations. (1) If no regulations are updated, the Secretary must submit a justification report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure not later than three years after enactment; and (2) revises railroad accident/incident reporting requirements to mandate disclosure of trailing tonnage weights and directs the Federal Railroad Administration to publish summarized data on its Rail Safety Data website, 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 based on Federal Railroad Administration data, grade crossing outreach expertise, a public portal, and geographic diversity—and to identify practical solutions to prevent or reduce blockages, including analyses of safety, financial, efficiency, and community impacts. The study must include at least three independent engineering or rail experts with no financial ties to the rail industry. The Secretary must submit a report on the study to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure within two years of enactment. This section provides up to $2 million from unobligated FY2024 appropriations under 49 U.S.C. 20108 (railroad safety research, development, testing, evaluation, and training) to fund the study. This section amends the Railroad Crossing Elimination Program (i.e., a Federal Railroad Administration grant program to eliminate or improve highway-rail grade crossings) to give additional project selection consideration to bus routes to a school or within one mile of a school and to limit the federal cost share for such projects to 85 percent. 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 rights-of-way (which may use the existing number under 49 U.S.C. 20152(a)(1)); requires public posting of the number on a Department of Transportation website; and authorizes the Secretary to waive the toll-free requirement for Class II and III railroads if cost-prohibitive or unnecessary.

This section adds a new section 20172 to subchapter II of chapter 201 of title 49, United States Code, prohibiting railroads from limiting the time required for employees to complete railcar, locomotive, and brake inspections to ensure compliance with safety laws and regulations and requiring employees to perform inspections promptly except for safety-related reasons. The section further directs the Secretary of Transportation (1) within 120 days of enactment, to amend pre-departure freight car inspection requirements for Class I railroads under 49 CFR part 215 to designate inspection locations and inspectors under section 215.11, ensure all freight cars are inspected at such locations in the direction of travel as soon as practicable, and require railroads to designate qualified inspectors subject to collective bargaining agreements; (2) within one year of enactment, to issue regulations under 49 CFR part 215 establishing minimum periodic freight car inspection requirements—including initial inspections no sooner than six years after issuance and subsequent inspections no more frequently than every five years (with allowances for movement to suitable Class I locations if needed), performance only at adequate facilities, and use of designated inspectors whose primary duties involve freight car inspection, maintenance, or repair; and (3) within one year of enactment, to review and amend as necessary regulations under 49 CFR parts 229 and 243 to ensure inspector training qualifications and, for locomotives on Class I railroads, to require an additional daily inspection by a qualified mechanical inspector between current intervals under 49 CFR 229.23(b)(2). Finally, this section requires the Secretary, within 60 days of enactment, to initiate audits of railroads' compliance with railcar, locomotive, and train brake inspection requirements under chapter II of subtitle B of title 49, Code of Federal Regulations, assessing procedures, training, interference with inspections, actual inspection practices, defect reporting, and managerial coercion.

This section directs the Administrator of the Federal Railroad Administration to convene, not later than 30 days after enactment, a meeting of the Railroad Safety Advisory Committee to consider a regulatory safety task on emergency brake signals, specifically (1) the sufficiency of regulations under 49 CFR part 232 regarding end-of-train and head-of-train device communications; (2) whether National Transportation Safety Board Safety Recommendations R–20–028 and R–20–029 have been adequately addressed; (3) whether more frequent communication checks between head-of-train and end-of-train devices would improve rail safety; and (4) whether repetition of emergency brake signal transmissions until receipt by the end-of-train device would improve rail safety. Not later than 90 days after the meeting, a working group of the committee must develop initial recommendations on these matters and a work plan for implementing them.

This section adds a new section 20173 to subchapter II of chapter 201 of title 49, United States Code, to improve railroad safety through defect detection systems (i.e., defect detectors such as wayside devices that identify safety conditions like overheated wheel bearings, data analysis, and related processes). The section directs the Secretary of Transportation to (1) develop a Defect Detector Analysis Program for research, development, testing, and evaluation—including assessments of standards, alert thresholds, decision-making processes (e.g., train stoppage or speed reduction), and technologies—to support a required rulemaking and plan evaluations; and (2) issue a final rule by a date specified in the rule requiring each railroad to submit a risk-based defect detection system plan by a deadline set in the rule. Each plan must include (A) a network summary addressing risks near population centers and on high-hazard train routes (i.e., those defined in 49 U.S.C. 20155(a)(5), generally involving hazardous materials); (B) compliance with performance standards to be established in the rule; (C) except as provided for alternatives, a risk-based approach for overheated wheel bearing detectors spaced at least 10 miles before entering urbanized areas with populations of 75,000 or more, averaging 15 route miles on main lines without acoustic bearing detectors (or 20 route miles with such technology), adjusted for physical characteristics (i.e., terrain and operations) of main lines (i.e., tracks with 5 million or more gross tons annually and freight speeds over 25 miles per hour, or passenger routes with high-hazard trains); (D) spacing and types of other wayside detectors if used; (E) manufacturer performance specs and compliance assessments; (F) procedures for safety alerts to crew and others; (G) data sharing with other carriers and car owners; (H) employee training policies; (I) record maintenance for at least five years (excluding individual alerts); and (J) alert analysis designs.

This section establishes minimum crew size safety standards (Safe Freight Act of 2026) for freight trains operated by Class I railroads (i.e., largest freight railroads), generally requiring a two-person crew consisting of at least one appropriately qualified and certified conductor and one appropriately qualified and certified locomotive engineer. Exceptions apply to (1) operations on non-main line track, (2) locomotives assisting 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) operations staffed with fewer than two crew members for at least one year before enactment if the Secretary determines equivalent safety; however, such exceptions do not apply to high-hazard trains (as defined in section 20155(a)) or train consists of 7,500 feet or more. Railroads may seek waivers under existing authority (49 U.S.C. §20103), and the Secretary's authority is preserved.

This section revises civil penalties for violations of railroad safety requirements, regulations, or orders under 49 U.S.C. chapters 201–211 (i.e., covering track inspection and maintenance, equipment standards, signal systems, accident reporting, operations, and other safety rules) by amending §21301(a), as follows: (1) establishing penalties of not less than $5,000 and not more than $1,000,000 per violation (not less than $1,000 and not more than $200,000 for small business concerns, including Class III railroads), with a separate violation for each day of continuing noncompliance and for any individual act causing a railroad carrier to violate; (2) authorizing a maximum penalty increase to $5,000,000 ($500,000 for small business concerns) if the violation results in death, serious illness or severe injury, imminent hazard of death or injury, or substantial property destruction; (3) authorizing the Secretary to double penalties for a pattern of repeated violations or deliberate indifference to consequences; and (4) expanding venue for civil penalty actions to the judicial district of the violation, the defendant's principal executive office, or (for individuals) the individual's residence. The section further amends §21301 by adding subsection (d) with additional rules for chapter 211 (hours of service) violations, including (1) deeming a railroad carrier to have knowledge of its officers' and agents' acts; (2) a two-year statute of limitations for civil actions, extended to five years if the violator received prior notice under debt collection procedures (31 U.S.C. §3711); (3) a separate violation for each day of noncompliance with employee sleeping quarters requirements (§21106); and (4) inflation adjustments rounded to the nearest $100 for minimum penalties and nearest $1,000 for maximum penalties, notwithstanding the Federal Civil Penalties Inflation Adjustment Act. Finally, this section repeals §§21302 (penalties for noncompliance with certain orders) and 21303 (penalties for hours of service violations). (Thus, such violations are subject to the revised general penalties under §21301.)

This section prohibits the use of any railroad tank car to transport Class 3 flammable liquids in packing groups II and III (except certain liquids listed in section 7304(b) of the Hazardous Materials Transportation Safety Improvement Act of 2015) beginning December 31, 2027, unless the tank car meets or exceeds 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). (As background, these specifications represent enhanced designs for tank cars—primarily upgrades from legacy DOT-111 models—to improve puncture resistance and safety when transporting hazardous flammable liquids such as crude oil and ethanol.) It further directs the Secretary of Transportation to conform regulations by immediately removing or revising inconsistent date-specific deadlines and prohibits enforcement of such deadlines, without requiring new regulations. This section authorizes the Secretary to delay the phase-out to December 31, 2028, based on a required GAO report, if the phase-out cannot be met due to insufficient manufacturing capacity or significant impacts to interstate commerce. It requires GAO to issue that report within 18 months of enactment assessing (1) North American manufacturing capacity for DOT-117 and DOT-117P tank cars, (2) retrofit capacity for DOT-111 to DOT-117R specifications, (3) schedules for replacing end-of-life tank cars, (4) numbers of tank cars needing phase-out or retrofit, and (5) demand for new tank cars.

This section directs the Federal Railroad Administration to award grants to eligible recipients for research and development of defect detectors and the prevention of derailments of trains transporting hazardous materials. The section authorizes $25 million for such grants, to remain available until expended.

This section authorizes appropriations of $5,000,000 to the Administrator of the Pipeline and Hazardous Materials Safety Administration for expenses relating 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 to review the Federal Railroad Administration's safety culture—using the framework developed by the Nuclear Energy Agency of the Organisation for Economic Co-operation and Development and considering impacts from the agency's reorganizations of its safety offices and management structure, policy and research offices, and telework policies (including changes since the COVID-19 pandemic)—and submit a report 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. Not later than one year after submission of that report, the Secretary of Transportation must submit to those committees and post on a public website an action plan addressing the report's findings and recommendations.

This section directs the Comptroller General of the United States to conduct a review of currently available technologies designed to protect roadway workers (as defined in 49 CFR 214.7)—rail workers performing track maintenance or inspections—from being struck by trains or other on-track equipment and to submit a report summarizing the review, including recommendations, to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure within one year of enactment. The report must (1) describe the frequency, types, and causes of such incidents based on available data, including worker compliance with rules; (2) detail relevant technologies as secondary warning systems, including their functions, maturity, implementation frequency, costs, safety benefits relative to current practices, and effects on operations; (3) discuss their potential to reduce or eliminate accidents; (4) identify adoption barriers; and (5) assess their cost-beneficial nature.

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

This section directs the Director of the Office of Personnel Management, not later than 270 days after enactment, to complete a review of the Railroad Safety Series (GS-2121, TS-37)—federal job classifications for Federal Railroad Administration (FRA) safety inspectors and specialists—and revise the series as appropriate to reflect current FRA disciplines and railroad industry technological advancements and operational conditions. If the Director determines that revision is not appropriate, the Director must submit a report to specified Senate and House committees 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 railroad alcohol and drug testing regulations (49 CFR part 219) to subject employees who inspect locomotives, passenger cars, railcars, or other on-track equipment to breath or body fluid testing under subparts C (post-accident), D (reasonable cause), and E (random).

This section establishes an additional annual fee, in addition to the existing registration fee under 49 U.S.C. 5108(g)(1), for persons required to register under the Hazardous Materials Registration Program (i.e., those who offer hazardous materials for transportation in commerce or transport them). The additional fee is $250 to $500 for small businesses (per 13 C.F.R. pt. 121) and $500 to $5,000 for other registrants, with amounts adjusted for any unexpended balance in the Hazardous Materials Emergency Preparedness Fund (no refunds required) and deposits transferred to that fund (which supports hazmat emergency training and planning grants).

This section requires the Secretary of Transportation, in the annual report on the hazardous materials training curriculum under 49 U.S.C. 5115(b)(1), to recommend development of virtual learning adaptations for courses needing development or revision, subject to ensuring equivalent training to in-person courses. (As background, the hazardous materials training curriculum provides standardized instruction for hazmat transporters and emergency responders.)

This section revises the hazardous materials transportation emergency response and preparedness grant program (49 U.S.C. 5116(a)) as follows: (1) expands authorized grant uses to include, until September 30, 2031, purchasing personal protective equipment (limited to 50% of funds under the subsection and subject to a maintenance agreement under new paragraph (7)), conducting simulated and field exercises for hazmat incidents, and developing a preparedness gap analysis under new paragraph (9); (2) replaces references to "public sector employees" with "emergency response personnel" trained virtually or in person and authorizes grant coverage for personnel replacement costs and volunteer lost wages (up to a reasonable amount); (3) revises grant evaluation criteria to prioritize support for federal response near key hazmat transport infrastructure and the number of shipments in the jurisdiction; and (4) requires states (except tribes, the District of Columbia, and territories) to distribute at least 70% of grant funds or equivalent services to eligible local entities (i.e., political subdivisions or public emergency response organizations), prioritizing those with high proportions of volunteer responders, within 180 days (with possible extensions); allows direct awards to local entities if a state does not apply; and specifies gap analysis contents, including identified gaps in knowledge, equipment, and training (e.g., Incident Command Management and ASTM Standard E3241), a strategic plan, and stakeholder coordination.

This section establishes an emergency response assistance program to provide immediate financial assistance from the Hazardous Materials Emergency Preparedness Fund to eligible entities (i.e., States, territories, Tribes, political subdivisions, or public emergency response organizations) responding to a significant hazardous materials transportation incident (i.e., one involving motor or rail carriers that requires a response costing an eligible entity at least $15,000 and results in serious injury, fatality, or substantial property damage exceeding $45,000). The Secretary of Transportation must establish the program within one year of enactment of the Railway Safety Act of 2026, in consultation with the Federal Emergency Management Agency and Environmental Protection Agency administrators and after notice and comment; declare qualifying incidents per published guidelines; and release up to $10 million immediately if the responsible party lacks an acceptable reimbursement plan (i.e., one processing eligible entities' claims within 90 days of the incident) within 14 to 21 days of declaration, with additional funding available if needed or if the responsible party fails to comply. Funds may be used only for (1) replacing damaged personal protective equipment; (2) overtime pay for responders; (3) directly related operational costs exceeding standard expenses (e.g., supplementary emergency response centers); (4) baseline health assessments for responders, up to $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 misuse requiring reimbursement to the fund or responsible party.