Railway Safety Act of 2026
Sponsored By: Senator Jon Husted
Introduced
Summary
strengthen safety for trains carrying hazardous materials. This bill would rewrite the rules for high‑hazard trains and hazardous‑materials response by expanding which trains count as high‑hazard, setting new tank car and speed rules, requiring defect detectors and crew minimums, and creating a dedicated emergency response fund and rapid reimbursement program.
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- Families and communities near rail lines would get faster cleanup help and financial support after major hazardous‑materials incidents. The bill would create an Emergency Response Assistance program with incident thresholds starting at $15,000 in response costs and allow up to $10 million to be released quickly from a new Hazardous Materials Emergency Preparedness Fund.
- Rail workers would see operational and oversight changes aimed at safety. The bill would require a minimum two‑person freight crew on main lines and tighten inspection, training, drug testing, and audit rules for inspectors.
- Railroads and regulators would face new engineering and reporting standards. The bill expands the high‑hazard train definition (for example 20 or more flammable‑liquid tank cars), generally limits speeds to 50 mph with 40 mph caps in dense urban areas for large flammable‑liquid trains, mandates real‑time electronic train consist data, phases out older tank cars, and funds defect detector networks and related grants.
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Bill Overview
Analyzed Economic Effects
10 provisions identified: 6 benefits, 1 costs, 3 mixed.
Real-time hazardous train data for responders
If enacted, Class I railroads that carry hazardous materials would be required to create accurate, real-time electronic train consist data showing the hazardous materials, quantities, car locations, origin and destination, emergency info, and a contact. Railroads would give secure access to fusion centers and send weekly county-level commodity flow reports. Railroads could not withhold consist information from first responders or agencies during an incident.
Stronger hazardous response planning and training
If enacted, Class I railroads that run high-hazard trains would have to file hazardous materials emergency response plans in the National Response Team "One Plan" format. Plans must address toxic-by-inhalation risks, list local response teams, equipment, and contacts, and be developed with State and Tribal authorities. Hazardous materials preparedness gap analyses must list training and equipment shortfalls and include a plan to fix them. The bill would also encourage virtual training options that give the same level of instruction as in-person courses.
Defect detector network and R&D grants
If enacted, the Secretary would make rules requiring Class I railroads to submit defect detector network plans and meet performance standards. Railroads would report detector effectiveness and keep records for at least five years. The bill would also authorize $25,000,000 for FRA R&D grants on defect detectors and derailment prevention and authorize grants to commuter railroads that had contracts by May 1, 2026 to install detectors. The changes include testing, maintenance, and possible fines for noncompliance.
Crew rules, inspections, and penalties
If enacted, freight trains run by Class I railroads would generally need two-person crews: a certified conductor and a certified locomotive engineer, with limited exceptions. The Secretary would audit inspection practices and require new periodic freight car and daily locomotive inspections. Employees who inspect equipment for railroads would be subject to breath or body fluid testing. Railroads could not limit the time employees need to do required inspections. The bill would raise civil penalty ranges and allow higher fines for severe violations. The FRA would also convene a committee to review end-of-train and head-of-train communications and emergency brake signals.
New tank car rules, speeds, and definitions
If enacted, the bill would ban most older tank cars from carrying many Class 3 flammable liquids starting December 31, 2027 unless the cars meet DOT-117 (or DOT-117P/DOT-117R) standards. It would define "high-hazard train" by clear car-count thresholds. The Secretary would set a nationwide speed cap: most trains capped at 50 mph, and high-hazard trains with 20+ flammable-liquid cars in high-threat urban areas capped at 40 mph unless all tank cars meet DOT-117 standards. The Secretary may delay the phase-out by one year if GAO data show insufficient manufacturing or retrofit capacity.
FRA safety culture and job review
If enacted, the Department of Transportation Inspector General would review the Federal Railroad Administration's safety culture and workforce within 1 year. The Secretary would post an agency action plan within 1 year after the IG report. The Office of Personnel Management would also review the Railroad Safety job series within 270 days and report to Congress if no change is made.
Fixing blocked crossings and school bus safety
If enacted, the Secretary would fund a National Academy of Sciences study of the 20 most frequently blocked highway-rail crossings and report within two years. Each railroad would also have to run a toll-free line within 180 days to report blocked crossings and give the number to DOT. The bill would let crossing-elimination projects that serve school bus routes get extra consideration and allow a federal share up to 85 percent for those projects.
New emergency response fund and grants
If enacted, the bill would create a Hazardous Materials Emergency Preparedness Fund and an Emergency Response Assistance program. The fund would set aside collected amounts until it reaches $50,000,000 and be replenished when it falls below $20,000,000. The Secretary could make up to $10,000,000 immediately available after a major incident to reimburse eligible responders. The program would reimburse certain costs, pay for health checks up to $1,000 per person, and cap administrative costs at 4 percent.
New hazardous materials registration fee
If enacted, the Transportation Secretary would set an annual hazardous materials registration fee by regulation. Small businesses would pay between $250 and $500 per year. Other registrants would pay between $500 and $5,000 per year. Collected fees would go to the new Hazardous Materials Emergency Preparedness Fund and the Secretary may adjust fees to reflect fund balances.
Reimbursement and liability after hazmat incidents
If enacted, the party responsible for a significant hazardous materials transportation incident would be liable to repay amounts the Secretary paid from the Fund for that incident. The Secretary must notify the responsible party and the party would have 30 days to challenge the amount as a final agency action. The Attorney General could sue to collect unpaid amounts and interest. The Secretary could limit amounts sought from small businesses unable to fully reimburse.
Sponsors & CoSponsors
Sponsor
Jon Husted
OH • R
Cosponsors
Maria Cantwell
WA • D
Sponsored 2/24/2026
Roger Marshall
KS • R
Sponsored 2/24/2026
Eric Schmitt
MO • R
Sponsored 2/24/2026
Tammy Baldwin
WI • D
Sponsored 2/24/2026
Amy Klobuchar
MN • D
Sponsored 2/24/2026
Bernie Moreno
OH • R
Sponsored 2/24/2026
John Fetterman
PA • D
Sponsored 2/24/2026
Roll Call Votes
No roll call votes available for this bill.
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