Senators reintroduce Railway Safety Act

Editor's note: This story has been updated with a statement from AAR.

A bipartisan group of U.S. senators yesterday reintroduced the Railway Safety Act of 2026 to address safety issues raised in the wake of the 2023 freight-train derailment in East Palestine, Ohio. 

The senators who reintroduced the legislation are 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).

Cantwell previously led passage of an earlier bill through the Commerce Committee, but the legislation stalled on the Senate floor due to opposition by Republicans and railroad executives, according to a press release issued by her office.

"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," Cantwell said.

In response to the bill's reintroduction, the Association of American Railroads issued the following statement through Ted Greener, AAR senior vice president of communications:

"Freight railroads continue to advance safety through sustained investment in the core network, deployment of proven and emerging technologies, and rigorous operating standards.  Because of this, railroads are in the midst of their safest era ever and remain the safest way to move goods over land. As Congress considers any rail safety legislation, policymakers should reject backwards-looking, one-size-fits-all mandates that undermine competition and raise prices for consumers, and instead ensure each provision is objectively grounded in data to reduce risk. The priority should be policies that encourage innovation and measurable safety outcomes without disrupting the supply chain or diverting resources from proven, safety-critical investments."

The National Transportation Safety Board concluded that the Feb. 3, 2023, derailment of a Norfolk Southern Railway train occurred because a bearing on a hopper car overheated and caused an axle to separate. The derailed equipment included 11 tank cars carrying hazardous materials. Three of the hazardous-materials tank cars sustained mechanical breaches during the derailment and released flammable or combustible materials; five others released flammable gases as a result of fire exposure or deliberate breaching with explosives to perform a vent-and-burn procedure.

“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 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 addresses lessons learned from the derailment, as well as the NTSB's recommendations that stemmed from its investigation. The legislation calls for the use of defect detectors, expands hazardous materials train safety restrictions and ensures rail cars are properly inspected and maintained.

The bill maintains provisions championed by Cantwell, including to support first responders; reform the U.S. Department of Transportation’s Hazardous Materials Emergency Preparedness programs to ensure fire departments can purchase personal protective gear; and requires railroads to tell states what materials trains are carrying through their communities.

The Alliance for Chemical Distribution (ACD) yesterday announced it supports the bill.

"The chemical distribution industry relies on an efficient and safe rail system to deliver the products essential to everyday life. For far too long, our members have faced deteriorating service and a reduced rail workforce that have led to operational challenges for shippers large and small," said ACD President and CEO Eric Byer.

The rail safety improvements in the legislation are especially needed at a time when two of the largest Class Is — Union Pacific Railroad and NS — are actively pursuing a potential merger, Byer added.