Congress reintroduces bipartisan Railway Safety Act of 2026

Key Takeaways

This winter, lawmakers in the House and Senate reintroduced the bipartisan Railway Safety Act of 2026 (S. 3903, H.R. 7748) , building on prior efforts to strengthen federal rail safety standards following the high-profile 2023 Norfolk Southern derailment in Columbiana County, Ohio. The legislation would enhance safety requirements for freight rail operations, improve inspection protocols, and increase support for local emergency response efforts.

In the Senate, the legislation was reintroduced by Sens. John Husted (R-Ohio) and Maria Cantwell (D-Wash.) with six other bipartisan cosponsors. In the House, the bill was led by Rep. Chris Deluzio (D-Pa.) alongside bipartisan colleagues: Reps. Nick LaLota (R-N.Y.), John Garamendi (D-Calif.) and Michael Rulli (R-Ohio).  

What does this legislation do?

The Railway Safety Act aims to address safety gaps in federal rail policy exposed by recent freight rail accidents. Among its many provisions, the bill would require expanded use of defect detectors, establish minimum times for the inspection of rail cars and outlaw the use of older, less safe rail cars to carry hazardous materials.

In addition to these new safety measures for freight rail operators, the bill also improves coordination and support for the local first responders that respond in times of crisis.

Key Local Emergency Response Provisions Include:

• Expanding eligibilities of the Hazardous Materials Emergency Preparedness (HMEP) program to include the personal protective equipment (PPE) that first responders need during hazardous train derailments
• Providing states with information about the hazardous materials that are being transported by rail through their communities
• Establishing a fund that can be used to reimburse first responders after a derailment, allowing them to replace equipment quickly and continue providing emergency response needs in their communities

How does this impact counties?

More than 140,000 miles of freight rail lines run through counties urban, suburban and rural across the United States. While this has major safety, mobility and economic implications for counties and other local governments, it is the federal government that has nearly all authority to set safety standards for railroads, including for local issues like blocked crossings. When derailments or other safety incidents happen, however, it is often counties that provide immediate emergency response to keep residents safe.

The Railway Safety Act would strengthen federal rail safety standards and enhance support for local first responders, making derailments less likely and bolstering support for counties to respond to rail incidents when they do happen. NACo endorses this bipartisan legislation and will continue to advocate for its swift passage to help counties protect residents, strengthen emergency response capabilities and support a safe and efficient freight rail system.

“Counties across America are essential partners in enhancing the safety and efficiency of our nation’s freight rail infrastructure," said National Association of Counties Executive Director Matthew Chase. "The Railway Safety Act of 2026 takes critical steps to enhance rail safety, protect residents and ensure our transportation network supports both economic growth and public well-being. Counties urge Congress to swiftly pass this legislation on a bipartisan basis."