Railway Safety Act Clears Key Senate Hurdle

The Railway Safety Act cleared the Senate Commerce Committee this week, a vote that will send the bill to the full Senate for consideration. This legislation would bolster safety in the freight rail industry by increasing fines for safety violations, enhancing safety procedures for trains carrying hazardous materials, establishing requirements for trackside defect detectors, and mandating two-person crews.

While the legislation was introduced by a bipartisan coalition, only two Republicans on the Commerce Committee joined with the Democratic majority in passing the bill out of committee by a vote of 15 to 11. The freight rail industry has focused much of its lobbying efforts on the two-person mandate, arguing two-person crews are too expensive and there’s an absence of data proving them to be effective in reducing accidents.

However, one of the Republicans who voted ‘yea’ insisted this bill is necessary for the safety of trackside communities.

“I guarantee you, whether it’s tomorrow or next week or next year, there will be another East Palestine in this country if we do not pass the Railway Safety Act,” said Senator JD Vance (R-OH) during the markup.

Vance partnered with Senator Sherrod Brown (D-OH) to introduce the bipartisan legislation in response to the catastrophic Norfolk Southern derailment in East Palestine, Ohio. They were joined by Senators Josh Hawley (R-MO), Marco Rubio (R-FL), Bob Casey (D-PA), and John Fetterman (D-PA).

The legislation also directs the Federal Railroad Administration to study the impact that train length and weight have on the safe transportation of high-hazard trains. In addition to safety implications, these super-long trains—up to three miles, in some cases—have been wreaking havoc on Amtrak operations for more than a decade, shunting passengers onto sidings that aren't built to accomodate these lengthy freight trains.

“This legislation ensures properly trained mechanics will have the time that they need to do their job right,” said Commerce Committee Chairwoman Maria Cantwell (D-WA). “A Wall Street Journal investigation showed us that the current railcar inspection and maintenance practices aren't enough. Some railroads encouraged inspectors to spend as little as 30 seconds to inspect one side of a railcar. And to put it in some context, a railcar can be 65 feet long and there can be well over 100 cars.”

Path Uncertain in the House

While the bill has the support of Senate leadership, it’s unclear if or when the Republican-controlled House of Representatives will take up its version of the bill (which does not include the two-person crew mandate).

During a hearing on the rail supply chain held by the House Transportation & Infrastructure Subcommittee on Rail, the committee’s top Democrat called on his colleagues to grab the baton.

“It has been more than three months since the Norfolk Southern derailment in East Palestine, Ohio—which occurred on Feb. 3—and this committee has yet to hold a hearing to examine what happened,” said Rep. Rick Larsen (D-WA).