Review – HR 7338 Introduced – RSAC Codification

Earlier this month Rep Sykes (D,OH) introduced HR 7338, the Railroad Safety and Accountability Act. The bill would codify the establishment and operation of the Railroad Safety Advisory Committee (RSAC) which was established by DOT’s Federal Railroad Administration (FRA) in 1996. It would amend 49 USC by adding a new §20122, Railroad Safety Advisory Committee. The bill would authorize “such funds as would be necessary” from the Highway Trust Fund for the operations of the RSAC.

The RSAC was effectively terminated in August of 2025 as part of the Administration’s efforts to recraft advisory committees to reflect their policy agendas. In January 2026, the FRA announced the reestablishment of the Charter for the RSAC in the Federal Register. There are not yet any members appointed to the ‘new’ RSAC.

Moving Forward

Sykes is a member of the House Transportation and Infrastructure Committee to which this bill is assigned for consideration. This means that there could be sufficient influence to see this bill considered in Committee. While the provisions of this bill would appear to be relatively uncontroversial, I suspect that there may be some Administration push-back because of a perceived criticism of how they mistreated the previous RSAC. Still, I expect that this bill would receive some level of bipartisan support were it to be considered, but I am not confident that it would be sufficient to allow the bill to be considered by the full House under the suspension of the rules process.

Commentary

Advisory committees like RSAC provide regulatory agencies with an invaluable tool to help them develop workable regulatory schemes to deal with a wide variety of safety and security issues. The varied backgrounds and agendas of the members provide the parent agency with a variety of perspectives that are not available in-house. This helps those agencies avoid unanticipated problems with the publish and comment process of regulatory development.

 

For more information on the provisions of this bill, including additional commentary on Congress utilizing the expertise of advisory committees, see my article at CFSN Detailed Analysis - - subscription required.