Legislation will strengthen rail safety requirements, improve train inspections, boost support for first responders & increase penalties on rail companies for wrongdoing 

Washington, D.C. – U.S. Senators Maria Cantwell (D-Wash.), Ranking Member of the Senate Committee on Commerce, Science and Transportation, Jon Husted (R-Ohio), Amy Klobuchar (D-Minn.), Eric Schmitt (R-Mo.), Tammy Baldwin (D-Wis.), Roger Marshall (R-Kan.), John Fetterman (D-Pa.) and Bernie Moreno (R-Ohio) reintroduced the Bipartisan Railway Safety Act of 2026. Three years ago, following the Norfolk Southern train derailment in East Palestine, Ohio, Sen. Cantwell led passage of the safety legislation through the Commerce Committee, yet it stalled on the Senate floor due to opposition by Republicans and railroad executives.

“The Railway Safety Act will make communities across the country safer,” said Sen. Cantwell. “It has been over three years since the Norfolk Southern derailment disaster in East Palestine, Ohio, and it is past time for Congress to act. Our bill requires railroads to deploy technology that could have prevented the East Palestine derailment, holds large railroad companies accountable through stiffer fines and ensures that trains carrying hazardous materials are held to a higher safety standard.”

“Three years ago, many Ohioans understandably lost faith in the safety and reliability of our nation’s railways after the accident in East Palestine, Ohio,” said Sen. Husted. “Since then, we have learned valuable lessons about the necessity of extensive consultation with the rail industry, emergency responders and local communities. By using a balanced, data-driven approach to advancing rail safety, my bill would protect Ohio’s communities while supporting the freight rail industry across the country.”

The Railway Safety Act of 2026 responds to the lessons learned after the derailment disaster, including NTSB recommendations. The legislation requires use of defect detectors, expands hazardous materials train safety restrictions and ensures railcars are properly inspected and maintained. It maintains key provisions championed by Sen. Cantwell to support first responders, reforms the Department of Transportation’s (DOT) Hazardous Materials Emergency Preparedness (HMEP) programs to ensure fire departments can purchase personal protective gear, requires railroads to tell states what materials trains are carrying through their communities and creates a program to make fire departments whole after responding to a derailment.

“The reintroduction of the Railway Safety Act is a critical and welcome step forward,” said East Palestine resident and rail safety advocate Misti Allison. “Communities like mine know firsthand that rail safety is not a political issue. It is a public safety, environmental, and public health issue. When a train derails, it’s not just tracks and cargo that are affected but our air, water, soil, and the long-term health of families. We owe it to communities like East Palestine and to towns across this country to strengthen oversight, increase accountability, and ensure disasters like this never happen again.”

"As America's largest transportation labor federation, proudly representing the nation's skilled freight rail workers, we have continually sought federal legislative and regulatory action on commonsense rail safety measures. We commend Senators Maria Cantwell (D-WA) and Jon Husted (R-OH) for leading re-introduction of the bipartisan Railway Safety Act and Senators Eric Schmitt (R-MO), Amy Klobuchar (D-MN), Roger Marshall (R-KS), Tammy Baldwin (D-WI), Bernie Moreno (R-OH) and John Fetterman (D-PA) for being original cosponsors. It's unacceptable that communities across the country have endured more than 3,100 derailments since the 2023 toxic Norfolk Southern train derailment in East Palestine, Ohio. Rail workers and communities living near railroad tracks deserve the peace of mind that Congress will take action on commonsense reforms and move us towards a safer rail network,” said Greg Regan, President of the Transportation Trades Department, AFL-CIO.  

“When rail safety falls short and a train derails, local communities bear the immediate burden of protecting residents, evacuating homes and deploying first responders,” said Clarence E. Anthony, CEO and Executive Director of the National League of Cities. “Americans with rail in their communities should not have to worry if they will be the site of the next rail disaster. We thank the leaders in Congress for reintroducing the bipartisan Railway Safety Act and for working to put it on the President’s desk before another catastrophic derailment like East Palestine happens again.”

“Counties across America are essential partners in enhancing the safety and efficiency of our nation’s freight rail infrastructure. 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," said Matthew Chase, National Association of Counties Executive Director.

The Railway Safety Act of 2026:

• Mandates the use of defect detection technology to make railroads stop trains when something is wrong which could have prevented the East Palestine derailment. The bill requires hotbox detectors to be deployed an average of every 15 miles, compared to every 25 miles currently.

• Expands the list of hazardous materials that are subject to higher safety standards, like vinyl chloride carried by the East Palestine train, and require speed restrictions, better braking and route risk analysis.

• Improves emergency response by notifying states about the hazardous materials being transported by rail through their communities and strengthening railroad emergency response plans.

• Prevents improper railcar inspections and mandates a new requirement that ensures railcars are properly maintained. It’s been shown that Norfolk Southern recommends only 30-seconds for railcar safety inspections.
• Increases civil penalties for rail safety law violations from $100,000 to $10 million to ensure safety laws are taken seriously.

• Requires two crewmembers to operate a train to prevent a situation where only one person is on the train in an emergency.

• Ensures firefighters are made whole after responding to major derailments. The DOT can reimburse first responders for overtime, equipment costs, and health care assessments.

• Expands the existing Hazardous Materials Emergency Preparedness grants to allow fire departments to purchase the personal protective gear that keeps them safe.

Text of the legislation can be found HERE and a detailed summary can be found HERE.

The Railway Safety Act was originally introduced in February 2023 by Ohio and Pennsylvania Sens. Sherrod Brown, J.D. Vance, Bob Casey and John Fetterman, along with Sens. Marco Rubio (R-Fla.) and Josh Hawley (R-Mo.). As Chair, Sen. Cantwell led bipartisan negotiations and shepherded the bill’s passage through the Committee on May 10, 2023. Immediately following the February derailment  then-Chair Cantwell launched an inquiry into railroad companies’ hazardous materials practices seeking detailed information and documents from railroad CEOs about their safety practices. Later, during a March 2023 hearing, Sen. Cantwell grilled Norfolk Southern’s former CEO on the rail industry’s commitment to safety. In June of 2025 Sen. Cantwell laid out her priorities for a surface transportation reauthorization bill, calling for inclusion of the Railway Safety Act.

Additional Statements of Support for the Railway Safety Act

"Our nation doesn’t need another rail disaster like what we all saw in East Palestine.  Inaction by the rail industry since that derailment and fire three years ago demonstrates that we can’t trust that the major railroads will raise safety standards without action by Congress. The Class I railroads continue to move in the wrong direction by running longer trains, holding fewer and shorter  inspections, and having an over-reliance on automation.  This has increased safety risks for railroaders and the 80 million Americans who live near a Class I railroad track. Two-person train crews, modern braking systems, stronger and more frequent inspections, tougher penalties, and improved hazardous materials notification are essential to protecting railroad workers and the public. These reforms will only happen if Congress passes the Railway Safety Act of 2026. The members of the Brotherhood of Locomotive Engineers and Trainmen have been seeking these needed reforms. We salute the sponsors of this important bipartisan legislation designed to keep train running safely across this great country,  Ohio Senator Jon Husted and Washington State Senator Maria Cantwell. It also must be said that we would not have reached this point without the strong and continued commitment of Vice President J.D. Vance to reforming rail safety standards," said Brotherhood of Locomotive Engineers and Trainmen National President Mark Wallace.

“Just over three years ago, our country was rocked by a catastrophic train derailment that occurred in East Palestine, OH. Not only did that incident release an unforgettable mushroom cloud that could be seen from miles away, but it also contaminated the air, the soil, and the water of the village, causing the residents to suffer a multitude of medical conditions. However, despite the known causation and contributing factors to the derailment, the risk is still present as no meaningful change has taken place in the railroad industry, which is why we are extremely proud to endorse the Railway Safety Act and to offer our sincerest gratitude to Senators Jon Husted and Maria Cantwell for their willingness to change this dangerous trajectory and make rail safety a priority in the United States of America,” said Jared Cassity, National Safety & Legislative Director of the SMART Transportation Division.

“The Rail Safety Act would dramatically improve freight rail safety standards and hold greedy railroad executives accountable when they prioritize short-term profits over safety and hardworking TWU members. The TWU strongly endorses the Railway Safety Act and urges Congress to swiftly pass it,” said John Samuelsen, President of the Transport Workers Union.

“IAM Rail Division members see firsthand the consequences of precision-scheduled railroading and Wall Street-driven cost cutting that have hollowed out safety practices across this industry,” said Josh Hartford, Special Assistant to the International President for the IAM Rail Division. “This legislation restores common-sense safety standards by ensuring that trained, qualified railroaders — not the lowest-cost alternative — are performing critical inspections. Our members have been raising these concerns for years. Congress must move swiftly to advance this bill and put safety ahead of corporate profits.”

“I’d like to thank this bipartisan group of Senators for introducing the Railway Safety Act in the Senate,” said Transportation Communications Union (TCU/IAM) National President Matt Hollis. “TCU has been advocating for this legislation for years. It’s time for Congress to act and pass this bill to not only ensure our members can perform the jobs they are trained to do, but to improve the safety and reduce the risk of another East Palestine for every community that our trains roll through.”

“This legislation is important to every Carman at every Class I railroad,” said Brotherhood of Railway Carmen Division General President Don Grissom. “Every safety-sensitive industry knows how important it is to have the right person doing the right job. This bill does just that. Right this minute we have unsafe trains that have not been properly inspected rolling through communities. Statistically, it is very likely that either today or tomorrow there will be a derailment in this country that could’ve been prevented if our Carmen are simply allowed to do their job. That should scare the hell out of everyone. It’s time for Congress to step in.”

“On the ground, our members are being pressured every day to rush inspections or allow trains to depart with known defects,” said Reece Murtagh, IAM District 19 President and Directing General Chair. “The Railway Safety Act reinforces what railroaders have always known: thorough inspections by skilled Carmen and Machinists save lives and prevent disasters. Congress must act to protect railroad workers and the communities we serve.”

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