HR7748-119

What This Bill Does

The Railway Safety Act of 2026 expands high-hazard train regulation to trains carrying specified quantities of flammable liquids, flammable gases, explosives, inhalation hazards, spent nuclear fuel, or high-level radioactive waste. DOT must impose speed and operating rules, require accurate real-time hazardous-material consist data, provide secure access for emergency agencies and fusion centers, require commodity-flow reports, protect proprietary and security-sensitive information, review train makeup and buffer-car requirements, and require Class I railroads to maintain coordinated emergency plans subject to recurring review and audit.

Within one year, DOT must evaluate long-train safety concerns and update regulations when necessary, require trailing-tonnage data on accident reports, and publish accident summaries by train length and weight. A National Academy study must examine 20 frequently blocked crossings and report practical solutions. School-bus-route projects receive additional consideration under the crossing-elimination program, and railroads must establish and disclose blocked-crossing telephone services.

Railroads may not limit the time employees need to perform compliant car, locomotive, or brake inspections. Class I railroads must identify staffed inspection locations. DOT must create minimum periodic freight-car inspection rules, require qualified inspectors and additional locomotive inspections, conduct recurring carrier audits, require deficiency correction and cooperation, issue annual public reports, and preserve collective-bargaining rights. The Railroad Safety Advisory Committee must separately consider emergency-brake communication standards and develop initial recommendations.

DOT must establish risk-based Class I defect-detector network rules covering detector spacing, performance standards, alerts, maintenance, training, records, data sharing, public plan access, recurring reviews, and civil penalties. Certain commuter railroads may receive formula support for detector installations. Most Class I freight trains must have a certified conductor and certified engineer, with limited exceptions that do not apply to high-hazard trains or trains at least 7,500 feet long.

Civil penalties rise to $5,000 through $1 million generally, with smaller-business ranges, up to $5 million for severe consequences, and potential doubling for repeated or consciously indifferent conduct. After December 31, 2027, specified flammable liquids generally may move only in DOT-117-equivalent tank cars, subject to a possible one-year capacity or commerce delay. GAO must assess manufacturing and retrofit capacity.

The bill authorizes $25 million for defect-detector and hazardous-material derailment research and $5 million for tank-car safety development, without directly appropriating those amounts. Additional provisions require reports on FRA safety culture, roadway-worker protection technology, inspector workforce management, and Federal inspector classifications. Rail equipment inspectors become subject to alcohol and drug testing.

Hazardous-material training recommendations must consider virtual options that provide training equivalent to in-person courses. The bill restructures annual registration fees and expands emergency-preparedness grants to cover personal protective equipment through the specified 2031 date, exercises, gap analyses, replacement staffing, volunteer wages, and higher Federal cost shares. Most State funds or services must reach local responders, Tribes receive a 100 percent Federal share, and fee and penalty collections support a recurring emergency set-aside available without further appropriation.

After a qualifying serious hazardous-material transportation incident, DOT must make up to $10 million available when the responsible party lacks an acceptable reimbursement plan, with additional amounts when needed. Eligible governments and public response organizations may recover damaged protective equipment, overtime, extraordinary operating expenses, and limited responder health assessments. Recipients must document costs, responsible parties must reimburse the fund, small businesses may receive repayment discretion, underlying civil liability is preserved, and GAO must report on effectiveness.

Who Benefits and How

Rail workers, passengers, roadway workers, motorists, school-bus riders, and communities near hazardous-material routes gain stronger prevention and oversight. First responders gain train-consist access, broader preparedness grants, virtual training options, equipment, and rapid incident reimbursement. Conductors, safety researchers, detector vendors, tank-car manufacturers, retrofit providers, and crossing projects may gain work or funding. Tribal preparedness programs receive full Federal cost coverage for qualifying grants.

Who Bears the Burden and How

Class I railroads must change train speeds, information systems, emergency plans, inspections, detector networks, crew staffing, and reporting. Freight-car and tank-car owners face periodic inspection and upgrade costs. Hazardous-material shippers and registrants face operating costs and annual fees. Responsible parties must repay emergency assistance. FRA, PHMSA, DOT, GAO, OPM, the National Academy, State agencies, and Tribal agencies receive substantial administrative and reporting duties. Federal taxpayers finance any later appropriations under the research authorizations.

Key Provisions

• Expands high-hazard train speed, information, and emergency-plan rules.
• Requires long-train safety review and public accident data.
• Studies blocked crossings and creates public reporting lines.
• Prohibits railroad-imposed inspection time caps.
• Establishes minimum periodic freight-car inspection requirements.
• Requires risk-based defect-detector network plans.
• Establishes a two-person Class I freight crew standard.
• Raises civil penalties for rail-safety violations.
• Accelerates use of DOT-117-equivalent tank cars.
• Authorizes rail-safety and tank-car research funding.
• Reviews FRA culture, staffing, and worker-protection technology.
• Expands hazardous-material preparedness grants and Federal shares.
• Creates rapid emergency assistance with responsible-party repayment.