S-3903-119
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Sponsored by Jon Husted (R-OH)
What it does
The Railway Safety Act of 2026 would impose new federal safety requirements on freight railroads, particularly those transporting hazardous materials. It would mandate speed limits for high-hazard trains, require real-time electronic train consist data shared with emergency responders, set minimum two-person crew sizes for Class I freight trains, and direct the Federal Railroad Administration to issue rules on defect detection systems, railcar inspections, and emergency brake signals. It would also increase civil penalties for rail safety violations, authorize grants for defect detection technology, and require hazardous materials emergency response plans from Class I railroads.
Who benefits
Communities located near rail corridors, particularly those in high-threat urban areas where hazardous materials trains travel at reduced speeds. First responders and emergency management officials who would gain real-time access to train consist data. State and Tribal emergency response commissions that would receive commodity flow reports. Railroad workers, especially conductors and engineers protected by the two-person crew mandate. Commuter railroads eligible for defect detection grants. Residents near highway-rail grade crossings, including those on school bus routes. Freight rail customers and shippers who may benefit from improved safety records and reduced derailment-related disruptions.
Who is hurt
Class I railroads (BNSF, Union Pacific, CSX, Norfolk Southern, etc.) that would face significant compliance costs for new inspection regimes, defect detector networks, crew mandates, and emergency response planning. Railroad shareholders who may see reduced profitability. Shippers and consumers who could face higher freight costs if railroads pass compliance expenses downstream. Smaller Class II and III railroads subject to periodic audits. Railroad employees in operations that currently run with fewer than two crew members, whose jobs may be restructured. Taxpayers who fund the authorized appropriations for grants and research. Communities dependent on rail efficiency, if speed restrictions slow freight delivery times.
Supporters argue
Supporters argue that the 2023 East Palestine, Ohio derailment — which released toxic vinyl chloride and forced thousands of residents to evacuate — exposed critical gaps in federal rail safety oversight that this bill directly addresses. They contend that requiring real-time hazmat data sharing with first responders, mandatory defect detector networks, and two-person crews on high-hazard trains would give communities the tools to respond faster and reduce the severity of future incidents. They further argue that substantially higher civil penalties — up to $5 million per violation for incidents causing death or serious injury — are necessary to deter the cost-benefit calculations that lead large railroads to defer safety investments.
Opponents argue
Opponents argue that the bill's two-person crew mandate and prescriptive inspection requirements impose rigid labor and operational costs without sufficient evidence that they reduce derailments, noting that the NTSB's East Palestine investigation identified a wheel bearing failure detectable by existing technology — not crew size — as the proximate cause. They contend that mandating specific crew configurations and detector spacing through statute, rather than allowing the FRA to tailor rules to evolving technology, could lock in outdated practices and slow adoption of automated safety systems that may outperform human crews. They further argue that compliance costs will ultimately be borne by shippers and consumers through higher freight rates.
Constitutional context
Congress's authority to regulate railroad safety rests firmly on the Commerce Clause (Art. I, §8, cl. 3), as interstate freight rail is a quintessential channel and instrumentality of interstate commerce under Wickard v. Filburn (1942) and United States v. Lopez (1995). Because the bill directly mandates agency rulemaking on specific topics and timelines, post-Loper Bright (2024) courts will independently review whether any resulting FRA rules stay within the statutory authority Congress has granted, rather than deferring to the agency's own interpretation.
Checks and balances
The executive branch (FRA/DOT) gains significant new rulemaking and enforcement authority, checked by statutory deadlines, mandatory congressional reporting requirements, judicial review of agency rules under the post-Loper Bright independent-judgment standard, and explicit preservation of collective bargaining rights under the Railway Labor Act.
Historical precedent
The Fixing America's Surface Transportation (FAST) Act of 2015 and the Passenger Rail Expansion and Rail Safety Act of 2021 previously imposed hazmat routing, speed, and tank car upgrade requirements on high-hazard flammable trains, establishing the regulatory framework this bill would significantly expand.