HR 7662, the Railroad Safety Enhancement Act of 2026, is a comprehensive bill aimed at strengthening safety requirements for trains transporting hazardous materials, enhancing oversight and inspections, addressing long or blocked trains and crossings, expanding emergency response, and improving safety culture within the Federal Railroad Administration (FRA). The bill includes numerous amendments to title 49 of the U.S. Code, new rulemakings, grant programs, and reporting requirements. It also creates Title II provisions for hazardous materials emergency response and preparedness.
Sec. 101: Defines terms used in Title I (e.g., high-hazard trains, hazmat, etc.) and Secretary means the Secretary of Transportation.
Sec. 102: Safety requirements for high-hazard trains
- Amends 49 U.S.C. §20155 to redefine high-hazard trains and broad hazmat definitions.
- Establishes a one-year deadline to issue regulations that:
- Rescind certain older tank car requirements for hazmat other than Class 3 flammable liquids.
- Cap speeds for all trains at 50 mph; high-hazard trains with 20+ cars of flammable liquids limited to 40 mph in HTUA (high-threat urban areas) unless Class 3 tank cars meet or exceed DOT standards (e.g., DOT-117 series or retrofit standards).
- Require real-time, electronic train consist information and MOUs with fusion centers for secure access.
- Require commodity flow reports to State Emergency Response Commissions (SERCs/tribal equivalents) with詳細s on routes, volumes, and responders.
- Allow sharing of information with first responders while protecting sensitive information.
Sec. 103: Ensuring safety of long trains
- Requires review and potential updates to safety regulations related to train length/weight impacts on safety.
- Public reporting within 3 years if actions were not taken addressing GAO/companion reports; annual reporting if not acting.
Sec. 104: Blocked highway-rail grade crossings
- Requires a National Academy of Sciences study on the 20 most frequently blocked crossings across at least 10 states, with a public report due in 2 years.
- Establishes a NAS panel with engineers and non-rail-industry members.
- Provides funding up to $2 million for the study.
- Amends Rail Crossing Elimination program to include specific bus routes near schools and sets public funding caps (85% federal share for some projects).
Sec. 105: Inspections
- Adds a new time-availability requirement for inspections; prohibits limiting inspection time for railcars, locomotives, or brakes.
- Requires pre-departure inspection enhancements within 120 days, including:
- Designation of inspection locations and qualified inspectors.
- Ensuring inspection of freight cars by qualified inspectors.
- Requires training and additional daily locomotive inspections by qualified inspectors within a year.
- Introduces mandatory audits of railcar, locomotive, and brake inspections, with frequency for Class I railroads at least every 5 years and limited annual audits for some Class II/III railroads.
- Requires cooperation with unions and creates procedures for audit findings and updates.
Sec. 106: Emergency brake signals
- FRA to convene a Rail Safety Advisory Committee within 30 days to review end-of-train and head-of-train communications and NTSB safety recommendations.
- Requires a work plan within 90 days.
Sec. 107: Defect detection systems
- Establishes a defect detector framework (defect detectors, data analysis, and alerting).
- Creates a defect detector analysis program to develop standards for maintenance, testing, inspection, and installation; evaluate thresholds and alerting; and assess data sharing.
- Requires defect detector network plans with risk-based approaches and specific placement on main lines (bearing detection, other detectors) with defined distances, depending on urban density and existing tech.
- Allows alternative plans with equivalence and requires periodic reviews every 3 years.
- Final rulemaking due within 2 years after rulemaking initiation; annual data reporting on network effectiveness and detector failures.
- Provides a temporary formula grant program for commuter railroads to install defect detectors, with authorization for appropriations.
Sec. 108: Safe Freight Act of 2023 (freight train crew size)
- Reaffirms minimum crew size of two (conductor + locomotive engineer) with explicit exceptions (e.g., non-mainline track, assisting locomotives, certain detached locomotives, etc.), but prohibits exceptions for high-hazard trains or long train consists (≥7,500 feet).
Sec. 109: Increased penalties for rail safety violations
- Substantially raises civil penalties for violations of rail safety regulations (minimums of $5,000 to $1,000,000; higher caps for accidents causing death, injury, or property destruction; potential doubling for certain repeated or deliberate violations).
- Expands venue options for civil actions (federal districts where violation occurred or where defendant has principal office).
- Introduces inflation-adjusted penalties, rounded to multiples of $100 or $1,000 as specified.
Sec. 110: Safer tank cars
- Phased-out use of older tank cars for Class 3 liquids (packing groups II/III) after Dec 31, 2027 unless meeting DOT-117/117P/117R specs or retrofit standards.
- Requires regulatory adjustments to align deadlines with new safety specs; establishes no new date-specific deadlines unless necessary.
- GAO to assess tank car manufacturing/retrofit capacity and phasing needs within 18 months.
Sec. 111-112: Grants for safety research and tank car development
- FRA to award grants for defect detector R&D and derailment prevention, with $22 million appropriation.
- PHMSA to receive $5 million for tank car safety research and development.
Sec. 113: FRA safety culture
- DOT Inspector General to evaluate FRA safety culture within one year and propose improvements; Secretary to publish an action plan within a year of the IG report.
Sec. 114: GAO report on roadway worker protections
- GAO to review technologies that protect roadway workers from being struck by trains, including costs, benefits, and implementation barriers.
Sec. 115-116: FRA safety workforce management; OPM review
- Reports on FRA inspector/specialist staffing, vacancies, recruitment/retention strategies, and potential reforms; OPM to review and possibly revise Railroad Safety Series (GS-2121) to reflect evolving rail safety disciplines and technology.
Sec. 117: Alcohol and drug testing
- Expands breath/body fluid testing to inspectors who work on locomotives, passenger cars, or on-track equipment.
Sec. 118: Confidential close call reporting system
- Requires joint NASA-FRA system for confidential reporting of close calls; includes location data, multimedia submissions, and potential remedial actions by NASA/FRA.
Sec. 119: AskRail application
- States must notify first responders about AskRail when federal funding aid is provided; FRA to pilot connectivity for first responders, prioritizing areas with connectivity needs; outlines pilot structure and 4 entity cooperative agreements; authorizes $25 million annually for 2026-2029; requires a Congress-facing report after the program.
Sec. 120: Increased funding for Crossing Elimination Grants
- Amendments to authorize $1.5 billion per year for 2026-2029 for grade crossing elimination; requires states to submit crossings prioritization summaries.
Sec. 121: Train approach warning
- Requires DOT to promulgate/update reg to ensure watchmen/lookouts have warning equipment (whistles, horns, flags, lanterns) and that verbal warnings are avoided if workers are not within arm’s reach.
