“A bill to enhance safety requirements for trains transporting hazardous materials, and for other purposes.”
No CRS summary available for this bill.
This section designates the short title of the Act as the "Railway Safety Act of 2026" and sets forth the table of contents.
This section provides definitions for terms used in this title by (1) incorporating those given in 49 U.S.C. 20155, as amended by section 102(a); (2) defining "Class I railroad" as having the meaning given in 49 U.S.C. 20102; and (3) defining "Secretary" as the Secretary of Transportation.
This section revises section 20155 of title 49, United States Code—previously requiring the Federal Railroad Administration to validate a tank car predictive model within one year of enactment, initiate tank car design standards rulemaking within 18 months, and analyze and report on pre-1989 pressure tank car impact resistance within 18 months—by replacing it with definitions of high-hazard trains (i.e., a single train transporting 20 or more tank cars loaded with flammable liquid; 1 or more tank cars or intermodal portable tanks loaded with material toxic or poisonous by inhalation; 1 or more cars loaded with high-level radioactive waste or spent nuclear fuel; 10 or more cars loaded with explosives; 5 or more tank cars loaded with flammable gas; or 20 or more cars loaded with any combination of flammable liquids, flammable gases, or explosives) and other terms such as explosives, flammable gas, and flammable liquid. The revision further requires the Secretary of Transportation, not later than one year after enactment of the Railway Safety Act of 2026, to issue regulations that (1) rescind parking requirements in 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 a maximum speed of 50 miles per hour and high-hazard trains carrying 20 or more cars loaded with flammable liquids to 40 miles per hour in high-threat urban areas unless tank cars meet specified DOT-117 standards; (3) require high-hazard trains to comply with high-hazard flammable train requirements under 49 CFR 174.310; (4) require Class I railroads transporting hazardous materials to generate and share real-time electronic train consist information with fusion centers via memoranda of understanding; (5) require Class I railroads to provide commodity flow reports on high-hazard trains to state and tribal emergency response commissions, including weekly estimates, route information, and points of contact, with 25% volume change updates; (6) require state emergency response commissions to share such information with requesting local agencies; and (7) prohibit disclosure of certain information by railroads and employees.
This section directs the Secretary of Transportation, not later than one year after enactment, to evaluate rail safety concerns related to long 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 in the report required by section 22422(d) of the Passenger Rail Expansion and Rail Safety Act of 2021 (Public Law 117-58), and—if necessary for safety and compliance with Executive Order 12866—to update existing safety regulations accordingly, accounting for the impact of train length and weight on high-hazard train operations. If no regulations are updated, the Secretary must submit to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure, not later than three years after enactment, a report justifying the inaction. The section further requires the Secretary to revise railroad accident/incident reporting forms to include trailing tonnage weights for involved trains 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 across at least 10 states—selected using Federal Railroad Administration data, grade crossing outreach expertise, a public portal, and geographic diversity—including analysis of safety, financial, efficiency, and community impacts; causes; and practical solutions, with the results reported to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Transportation and Infrastructure not later than two years after enactment. The study committee must include at least three National Academy members who are engineering or rail experts with relevant safety technology or operations experience, unaffiliated with or funded by railroad carriers, and without financial ties to the rail industry. The section funds the study using up to $2 million from unobligated amounts appropriated for FY2024 under 49 U.S.C. 20108 (FRA railroad safety research, development, testing, evaluation, and training). This section amends the Railroad Crossing Elimination Program (49 U.S.C. 22909), which provides competitive grants to eliminate or improve highway-rail grade crossings, to expand eligibility for additional grant consideration to projects on bus routes to a school or within one mile of a school, with the federal cost share for such projects not to exceed 85 percent. This section requires each railroad carrier, not later than 180 days after enactment, to establish and maintain a toll-free telephone service for reporting blocked highway-rail grade crossings along its rights-of-way (which may use an existing number under 49 U.S.C. 20152); notify the Secretary of Transportation of the number for public posting on a Department website; and permits the Secretary to waive the toll-free requirement for Class II and Class III railroads if cost-prohibitive or unnecessary.
This section adds new 49 U.S.C. §20172 prohibiting railroads from limiting the time required for employees to complete railcar, locomotive, and brake inspections to ensure compliance with safety laws and regulations. (Employees must perform inspections promptly and may not delay except for safety-related reasons.) This section directs the Secretary of Transportation, not later than 120 days after enactment, to amend pre-departure freight car inspection requirements for Class I railroads under 49 CFR part 215 to (1) require railroads to identify inspection locations with designated inspectors under §215.11 available after initial and annual consultations with the Federal Railroad Administration; (2) ensure all freight cars are inspected by such inspectors at designated locations in the direction of travel as soon as practicable; and (3) require railroads to designate qualified inspectors for part 215 compliance, subject to existing collective bargaining agreements. This section further directs the Secretary, not later than 1 year after enactment, to (1) issue regulations under 49 CFR part 215 establishing minimum periodic freight car inspection requirements—considering intervals and criteria for locomotives (part 229) and passenger cars (part 238), with initial inspections within a reasonable period of not less than 6 years, subsequent inspections not more frequently than every 5 years (with allowances for movement to suitable Class I locations if needed), performance only at safe facilities often with other required inspections, and use of §215-designated inspectors whose primary duties involve freight car inspection, testing, maintenance, or repair—and (2) review and amend, as necessary, locomotive inspection regulations under 49 CFR parts 229 and 243 to ensure inspector training proficiency and require an additional daily inspection by a qualified mechanical inspector for Class I locomotives between existing §229.23(b)(2) intervals. This section also directs the Secretary, not later than 60 days after enactment, to initiate audits of railroad compliance with 49 CFR chapter II, subtitle B (railroad safety standards), assessing procedures, training and metrics, interference with safe inspections, actual inspection performance, defect reporting and remediation, and managerial coercion to sign off on inspections or repairs without verification.
This section directs the Administrator of the Federal Railroad Administration (FRA) to convene, not later than 30 days after enactment, a meeting of the Railroad Safety Advisory Committee (RSAC)—a federal advisory committee that recommends rail safety regulations to FRA—to consider a regulatory safety task on emergency brake signal functioning. The RSAC must assess (1) the sufficiency of regulations under 49 CFR part 232 on 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 such devices would improve rail safety, and (4) whether repeating emergency brake signal transmissions until receipt by the end-of-train device would improve rail safety; and, 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 establishes a new section 20173 of title 49, United States Code, requiring the Secretary of Transportation to develop a Defect Detector Analysis Program for research, development, testing, and evaluation of defect detection systems (i.e., defect detectors and related data analysis to identify rail safety conditions)—including standards for maintenance, testing, inspection, and installation; alert thresholds; decision-making processes (e.g., stopping or slowing trains); and existing or emerging technologies—to support a rulemaking and railroad plan evaluations. The section further requires the Secretary to issue a final rule mandating risk-based defect detection system plans from railroads that include (1) a proposed detector network summary to reduce risks near population centers and on high-hazard train routes; (2) compliance with performance standards; (3) detector spacing for overheated wheel bearings—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 20 route miles with such detectors), adjusted for physical characteristics; (4) other detector types and spacing; (5) manufacturer performance metrics and compliance assessments; (6) safety alert procedures for crew and dispatchers; (7) data sharing with other carriers and railcar owners; (8) employee training policies; (9) record maintenance for at least five years (excluding individual alerts); and (10) alert data collection and analysis designs. Railroads may submit alternative hot bearing detection plans.
This section establishes freight train crew size safety standards for Class I railroads (i.e., the Safe Freight Act of 2026) by generally requiring a minimum two-person crew—at least one qualified conductor and one qualified locomotive engineer—on freight trains. Exceptions apply to (1) operations on non-main line track; (2) locomotives assisting trains with mechanical failure or insufficient power for terrain; (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, unless the Secretary of Transportation determines they do not achieve equivalent safety; however, no exceptions apply to high-hazard trains or train consists of 7,500 feet or more in length. Railroads may seek waivers under existing authority, and the provision preserves the Secretary's regulatory authority.
This section revises civil penalties under 49 U.S.C. 21301(a) for violations of railroad safety requirements, regulations, or orders in chapters 201 through 211 of title 49, U.S. Code (covering track safety, signaling, hazardous materials transport, and related matters enforced by the Federal Railroad Administration), as follows: (1) establishes liability for each violation—including individual acts causing a railroad carrier to violate and each day of continuing violation—with penalties of not less than $5,000 and not more than $1,000,000 (or $1,000 to $200,000 for small business concerns, including Class III railroads, per 13 C.F.R. pt. 121); (2) authorizes the Secretary to increase the maximum penalty to $5,000,000 ($500,000 for small business concerns) if the violation causes death, serious illness or severe injury, imminent hazard of death or injury, or substantial property destruction (Thus, penalties may reach $10 million after doubling under paragraph (4) for repeated violations or deliberate indifference.); (3) requires the Secretary to incorporate such penalties into each covered requirement, regulation, or order; and (4) adds venue in the district of violation, defendant’s principal office, or (for individuals) residence. The section adds a new subsection (d) to 49 U.S.C. 21301 for chapter 211 (hours of service) violations, providing that— (1) a railroad carrier is deemed to have knowledge of its officers’ and agents’ acts; (2) civil actions must commence within two years of violation (or within five years under 28 U.S.C. 2462 if notice issued under 31 U.S.C. 3711); (3) noncompliance with employee sleeping quarters requirements under 49 U.S.C. 21106 constitutes a separate daily violation; and (4) inflation adjustments under the Federal Civil Penalties Inflation Adjustment Act round minimum penalties (including discretionary guidelines) to the nearest $100 and maximum penalties to the nearest $1,000. This section repeals 49 U.S.C. 21302 and 21303 (prior provisions on specific safety inspection and recordkeeping penalties).
This section establishes a phase-out schedule prohibiting any railroad tank car—regardless of construction date—from transporting Class 3 flammable liquids (i.e., flammable liquids per hazardous materials regulations) in packing groups II and III after 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 models), excluding certain liquids listed in current law (49 U.S.C. 20155 note). (Thus, the requirement accelerates retirement or retrofit of noncompliant tank cars, such as legacy DOT-111 models used for ethanol and other flammable liquids, to reduce puncture risks in derailments.) It further (1) requires the Secretary of Transportation to revise or remove inconsistent regulatory deadlines and refrain from enforcing them; (2) authorizes the Secretary to delay the phase-out to December 31, 2028, if a GAO report shows insufficient manufacturing capacity or significant commerce impacts; and (3) directs the GAO to issue that report within 18 months of enactment, assessing North American tank car manufacturing and retrofit capacities, life-cycle replacement schedules, phase-out needs, retrofit feasibility, and new car demand.
This section directs the Administrator of the Federal Railroad Administration to award grants to eligible recipients, as described in 49 U.S.C. §22907(b), for research and development of defect detectors and the prevention of derailments of trains transporting hazardous materials. It authorizes appropriations of $25 million for such grants, to remain available until expended.
This section authorizes $5 million for the Administrator of the Pipeline and Hazardous Materials Safety Administration to develop stronger, safer tank cars and valves and other tank car safety features.
This section directs the Inspector General of the Department of Transportation, not later than one year after enactment, 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—and submit a report with recommendations 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 reorganizations of its safety offices and management structure, policy and research offices, and telework policies (including changes since the COVID-19 pandemic). Not later than one year after the report's submission, the Secretary of Transportation must submit to the same committees and post on a public website an action plan addressing the Inspector General's recommendations and findings.
This section directs the Comptroller General of the United States to review currently available technologies for protecting roadway workers (as defined in 49 CFR 214.7, i.e., railroad maintenance-of-way employees working on or near tracks) 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; (2) detail relevant technologies as secondary warning systems, including their functions, maturity, implementation frequency, costs, safety benefits, 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, on 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 whether the system for notification, processing, or storing civil penalty enforcement cases and other compliance actions recommended by safety inspectors and specialists effectively supports FRA's compliance inspection and enforcement program; (5) whether macroeconomic or other conditions have hindered filling vacancies 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); enhance FRA workforce management processes; or increase inspection capacity (including for hazardous materials transportation), 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)—covering Federal Railroad Administration (FRA) railroad safety inspectors and specialists—and revise it as appropriate to reflect FRA oversight factors, including current critical FRA disciplines and railroad industry technological advancements and operational conditions. If the Director determines no revision is 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, not later than 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 to subject railroad employees who inspect locomotives, passenger cars, railcars, or other on-track equipment to breath or body fluid testing required under subparts C (post-accident testing), D (reasonable suspicion testing), and E (random testing) of that part.
This section establishes an additional annual hazardous materials registration fee, in addition to the fee required under current law, of not less than $250 but not more than $500 for small businesses (as defined in 13 CFR part 121) and not less than $500 but not more than $5,000 for other registrants required to register under 49 USC 5108. The Secretary of Transportation adjusts these fee amounts to reflect the unexpended balance in the Hazardous Materials Emergency Preparedness Fund (established under 49 USC 5116(h)), with no refunds required, and deposits collections into that fund (which supports emergency response training grants to state, local, and tribal governments).
This section requires the Secretary of Transportation, as part of the hazardous materials training curriculum for public sector employees (i.e., state, local, and tribal hazmat responders), to recommend development of virtual learning adaptations for courses described in 49 U.S.C. 5115(b)(1)(B) and any other courses the Secretary identifies for virtual options, subject to ensuring equivalent training to in-person courses.
This section revises the hazardous materials transportation emergency response and preparedness grants program (49 U.S.C. § 5116) by expanding allowable uses of grant funds to include, through September 30, 2031, purchasing personal protective equipment (PPE) needed for hazmat incidents (limited to 50% of funds and subject to maintenance requirements); conducting simulated and field exercises; and developing hazmat emergency response preparedness gap analyses that identify gaps in knowledge, PPE, and training (including Incident Command Management and ASTM Standard E3241) and include strategic plans, developed in coordination with Regional Response Teams and stakeholders. It broadens grant eligibility from public sector employees to emergency response personnel (including volunteers), adds allowable training costs for personnel replacement and volunteer lost wages (up to a reasonable amount set by the Secretary), and modifies grant award considerations to include support for federal response near key infrastructure and the number of hazmat shipments. The section requires states to pass through at least 70% of funds (or equivalent services) to eligible local entities (i.e., political subdivisions or public emergency response organizations) within 180 days (with possible extensions and exemptions for tribes and territories), prioritizes entities with high proportions of volunteer responders, and allows direct awards to locals if a state fails to apply.
This section establishes an emergency response assistance program under new 49 U.S.C. §5116(k) to provide immediate financial assistance from the Hazardous Materials Emergency Preparedness Fund—used to support state and tribal grants for hazardous materials emergency planning and training—to eligible entities (i.e., states, territories, tribes, political subdivisions, or public emergency response organizations) responding to a significant hazardous materials transportation incident. It defines a significant hazardous materials transportation incident as one involving hazardous materials transported by motor or rail carrier 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 (including cleanup costs). Requires the Secretary of Transportation, in consultation with the Federal Emergency Management Agency and Environmental Protection Agency and after notice and comment, to establish the program within one year of enactment and issue guidelines for declaring such incidents. Authorizes the Secretary to release up to $10 million from the Fund immediately upon declaration if, 14 to 21 days later, the responsible party lacks an acceptable reimbursement plan (i.e., one processing claims within 90 days), with additional funding available if needed or if the party fails to comply; funds may be administered through states and used only for replacing damaged personal protective equipment, overtime pay, excess operational costs, baseline health assessments (not more than $1,000 per person, adjusted annually for inflation), or related costs incurred within 30 days, with documentation required within one year and reimbursement to the Fund required for misuse.