Railroad Safety Enhancement Act of 2026

Bill Number

H.R. 7662

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Transportation and Public Works

Status

Introduced

Latest Action

2026-02-25: Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.

Last Updated

2026-06-03T08:09:10Z

AI-Generated Summary

Purpose

The Railroad Safety Enhancement Act of 2026 aims to improve the safety of rail transportation, particularly for trains carrying hazardous materials (substances that pose risks like fire, explosion, or toxicity). It focuses on reducing derailment risks, enhancing inspections and technology, strengthening emergency response, and increasing penalties for safety violations to protect communities, workers, and the environment.

Key Provisions

The bill is divided into two titles: Title I (Rail Safety) and Title II (Hazardous Materials Emergency Response and Preparedness). Key elements include:

Title I: Rail Safety

• Definitions and High-Hazard Trains (Sec. 101-102): Defines "high-hazard trains" as those carrying 20+ tank cars of flammable liquids, explosives, toxic inhalation materials, or similar risks. Requires the Secretary of Transportation (via the Federal Railroad Administration, or FRA) to issue rules within 1 year, including:
• Speed limits: 50 mph general maximum; 40 mph in high-threat urban areas for certain high-hazard trains unless tank cars meet advanced safety standards (e.g., DOT-117 specifications, which are enhanced designs for puncture resistance).
• Real-time electronic train consist data (cargo details, routes, emergency contacts) shared with fusion centers (intelligence-sharing hubs) and state/tribal emergency commissions.
• Prohibits withholding info from first responders during incidents; mandates security protections.
• Requires railroads to submit hazardous materials emergency response plans, reviewed triennially by FRA.
• Long Trains Safety (Sec. 103): Directs FRA to review safety regs for trains over certain lengths/weights, update if needed, and require reporting of train weights in accidents. Mandates a report to Congress if recommendations are ignored.
• Blocked Highway-Rail Grade Crossings (Sec. 104): Funds a National Academy of Sciences study on blocked crossings (where trains halt traffic for extended periods), including causes, impacts, and solutions. Amends the Railroad Crossing Elimination Program to prioritize school bus routes. Requires railroads to maintain toll-free hotlines for reporting blocked crossings.
• Inspections (Sec. 105): Prohibits limiting inspection time for railcars, locomotives, and brakes. Enhances pre-departure and daily locomotive inspections. Mandates audits of Class I railroads every 5 years (smaller railroads less often) to check compliance, training, and coercion issues. Requires annual FRA reports on audits.
• Emergency Brake Signals (Sec. 106): Convenes the Railroad Safety Advisory Committee to review and recommend improvements to brake communication systems, addressing National Transportation Safety Board (NTSB) recommendations.
• Defect Detection Systems (Sec. 107): Requires Class I railroads to develop and implement risk-based plans for wayside detectors (devices that scan for wheel/axle defects like overheating). Includes spacing standards (e.g., every 15-20 miles on main lines), performance metrics, employee training, and data sharing. FRA to issue rules within 2 years; provides grants for commuter railroads.
• Freight Train Crew Size (Sec. 108): Mandates 2-person crews (engineer and conductor) for most Class I freight trains, with exceptions for short/non-mainline runs or pre-existing single-crew operations if safety-equivalent. No exceptions for high-hazard or very long trains (>7,500 feet).
• Penalties (Sec. 109): Increases civil penalties for safety violations to $5,000-$1,000,000 (or $1,000-$200,000 for small businesses), up to $5,000,000 if causing death/injury. Doubles for repeated/deliberate violations. Adds rules for hours-of-service violations and repeals outdated sections.
• Safer Tank Cars (Sec. 110): Phases out older tank cars for flammable liquids by Dec. 31, 2027 (or 2028 if delayed by manufacturing shortages), requiring compliance with advanced DOT standards. GAO to review capacity.
• Research and Funding (Secs. 111-112): Authorizes $22 million for FRA grants on defect detectors/derailment prevention and $5 million for tank car R&D.
• FRA Oversight and Workforce (Secs. 113-116): Requires Inspector General review of FRA safety culture/telework; GAO report on worker protection tech; IG assessment of FRA staffing/hiring; Office of Personnel Management review of inspector job classifications.
• Testing and Reporting (Secs. 117-119): Expands alcohol/drug testing to inspectors; enhances confidential close call reporting (near-miss system) with NASA/FRA; promotes AskRail app (mobile tool for hazmat info) via state notifications and a connectivity pilot with $25 million funding (FY2026-2029).
• Crossing Grants (Sec. 120): Authorizes $1.5 billion annually (FY2026-2029) for eliminating dangerous rail crossings, requiring states to identify priorities.
• Train Approach Warnings (Sec. 121): Mandates equipment (whistles, flags) for watchmen protecting track workers; limits verbal warnings to close-range use.

Title II: Hazardous Materials Emergency Response and Preparedness

• Registration Fees (Sec. 201): Establishes annual fees ($250-$500 for small businesses; $500-$5,000 for others) on hazmat shippers/registerants to fund programs.
• Virtual Training (Sec. 202): Directs development of online hazmat response training equivalent to in-person options.
• Grants (Sec. 203): Expands hazmat emergency grants for training, exercises, personal protective equipment (PPE, gear like suits/masks), and gap analyses (assessments of response weaknesses). Increases federal share to 90% for states/100% for tribes; requires 70% pass-through to local entities (with waivers). Authorizes funding via the Hazardous Materials Emergency Preparedness Fund.
• Emergency Response Assistance (Sec. 204): Creates a program for quick reimbursements (up to $10 million initial) from the fund for "significant" hazmat incidents (e.g., costing >$15,000 in response, involving injury/damage). Covers PPE replacement, overtime, health assessments. Responsible parties (e.g., railroads) must reimburse; allows direct state administration. GAO to report on effectiveness by 2027.

Significant Changes to Existing Law

• Amends Title 49 U.S. Code (transportation law) extensively, e.g., redefining high-hazard trains (Sec. 20155), adding new sections on inspections (20172), defect systems (20173), and crew size (20154).
• Increases penalties under Sec. 21301, aligning with inflation adjustments and adding multipliers for severe/repeated violations; repeals old penalty sections (21302-21303).
• Accelerates tank car phase-out (from prior 2029-2030 deadlines under the 2015 Hazardous Materials Act) and mandates advanced specs.
• Enhances FRA authority for audits, plans, and waivers while preserving collective bargaining rights under the Railway Labor Act.
• Boosts hazmat grant funding/eligibility (Sec. 5116), adds virtual training/PPE uses, and creates a new reimbursement fund set-aside (up to $50 million cap).
• Integrates tech like AskRail and close call reporting into federal requirements.

Potential Impacts

• Government Agencies: FRA/DOT face increased workload for rulemakings (1-2 year deadlines), audits, reviews, and grant administration; potential staffing boosts via IG recommendations. Pipeline and Hazardous Materials Safety Administration gains R&D funds.
• Citizens: Reduced derailment risks in urban/populated areas could lower accident rates, evacuations, and environmental spills (e.g., from flammable liquids). Blocked crossing fixes and crossing grants may improve traffic flow and school safety. Emergency reimbursements speed community recovery from incidents.
• International Relations: Minimal direct impact, but safer U.S. rail hazmat transport could align with global standards (e.g., UN hazmat protocols), indirectly benefiting cross-border trade with Canada/Mexico.
• Overall: Higher compliance costs for railroads (e.g., detectors, crew sizes) may raise shipping fees, but safety gains could prevent costly incidents (e.g., East Palestine, OH derailment).

Main Stakeholders Affected

• Railroads: Class I (large, e.g., BNSF, Union Pacific) bear most burdens (plans, tech, crews, penalties); smaller Class II/III get waivers/exemptions.
• Rail Workers: Benefit from better inspections, protections (e.g., tech for roadway workers), drug testing expansions, and close call reporting; crew size mandates preserve jobs.
• Emergency Responders/Communities: States, tribes, locals, fire/EMS gain training, PPE, grants, data access (e.g., train consists), and reimbursements; high-risk areas (urban, near schools) see priority protections.
• Shippers/Industry: Hazmat transporters face fees and tank car upgrades; R&D grants aid innovation.
• Government Entities: FRA, DOT Inspector General, GAO, states/tribes for reporting/grants; fusion centers for security data.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens FRA enforcement via higher penalties and audits, but includes due process (e.g., plan reviews, waivers under Sec. 20103). Preserves labor rights (no interference with bargaining agreements) and liable party reimbursements without limiting civil lawsuits. Streamlined processes (e.g., app templates) reduce administrative burdens.
• Constitutional: No apparent issues; aligns with Commerce Clause authority over interstate rail/hazmat. Privacy protections for data sharing prevent Fourth Amendment concerns.
• Political: Bipartisan sponsors (Nehls, Moulton) suggest broad support post-high-profile derailments. Increases funding ($ billions for grants/R&D) may spark debates on costs vs. safety; small business exemptions mitigate regulatory burden. Mandates reports to Congress ensure oversight, potentially influencing future budgets/telework policies at FRA.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Nehls, Troy E. [R-TX-22]

Cosponsors (2)

Rep. Moulton, Seth [D-MA-6], Rep. Deluzio, Christopher R. [D-PA-17]

Recent Actions

• 2026-02-25: Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
• 2026-02-24: Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2026-02-24: Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2026-02-24: Introduced in House
• 2026-02-24: Introduced in House

Bill Versions

• Railroad Safety Enhancement Act of 2026 — issued 2026-02-24 — PDF (92 pages)

Related Bills

• S. 3903 (119th Congress)