DERAIL Act
- Bill Number
- H.R. 854
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2025-02-01: Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
- Last Updated
- 2025-03-25T13:11:41Z
AI-Generated Summary
Summary of H.R. 854 - Decreasing Emergency Railroad Accident Instances Locally Act (DERAIL Act)
Purpose
The legislation aims to improve railroad safety by updating the definition of high-hazard flammable trains and requiring rapid reporting of derailments involving hazardous toxic materials. This is intended to reduce risks from accidents carrying flammable or toxic substances, enabling faster emergency responses.
Key Provisions
- Updated Definition of High-Hazard Flammable Train: The Secretary of Transportation must issue regulations within 90 days of enactment to revise the existing definition in federal regulations (49 CFR 171.8). The new definition covers any single train carrying one or more loaded tank cars of:
- Class 3 flammable liquids (e.g., gasoline or ethanol), or
- Class 2 flammable gases (e.g., propane),
- Plus any additional materials the Secretary deems necessary for safety.
- Mandatory Reporting of Derailments Involving Toxic Materials: A new section (49 U.S.C. § 20904) requires railroad carriers to report, within 24 hours of a derailment, any materials toxic by inhalation (substances that can harm health if breathed in, like certain chemicals) on the train. Reports must go to:
- The National Response Center (a federal hub for emergency notifications),
- State officials,
- Local officials, and
- Tribal governments.
Significant Changes to Existing Law
- Amends the regulatory definition of "high-hazard flammable train" in 49 CFR 171.8 to broaden its scope, potentially including more trains under stricter safety oversight than the current rules.
- Adds a entirely new reporting requirement to Chapter 209 of Title 49 of the U.S. Code, which previously focused on other railroad accident notifications but did not specifically mandate quick disclosures of toxic-by-inhalation materials to multiple levels of government.
Potential Impacts
- On Government Agencies: The Department of Transportation (DOT) will need to promptly develop and enforce new rules, increasing administrative workload. State, local, and Tribal governments gain better access to real-time information for emergency planning and response.
- On Citizens: Communities near rail lines, especially those at risk from hazardous material spills, could benefit from quicker alerts, potentially reducing health and environmental risks from derailments.
- On International Relations: Minimal direct impact, as the bill focuses on domestic rail safety; however, it could indirectly affect cross-border rail transport if hazardous materials are involved in international shipments.
- Overall, it may lead to fewer severe accidents and faster mitigation of incidents, though railroads could face higher compliance costs.
Main Stakeholders
- Railroad Carriers: Directly responsible for reporting and complying with the expanded safety definitions, potentially facing increased operational requirements.
- Department of Transportation (DOT): Tasked with issuing regulations and overseeing enforcement.
- State, Local, and Tribal Governments: Receive critical reports to coordinate emergency responses.
- Citizens and Communities: Particularly those living or working near rail routes, who stand to gain from enhanced safety measures.
- Environmental and Safety Advocates: Likely to support the bill for its focus on hazardous materials.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens federal oversight of rail safety under existing authority in Title 49 of the U.S. Code, without creating new penalties (though non-compliance could trigger existing enforcement mechanisms). The 90-day deadline for regulations ensures swift implementation.
- Constitutional: No apparent conflicts; it aligns with Congress's power to regulate interstate commerce, including railroads, and respects federalism by involving state and local entities in notifications.
- Political: Introduced by a bipartisan group of representatives, it addresses public concerns over rail accidents (e.g., recent derailments with chemical spills), potentially building support for infrastructure safety without major controversy. It could set a precedent for more detailed hazardous material disclosures in transportation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Deluzio, Christopher R. [D-PA-17]
Cosponsors (16)
Rep. Khanna, Ro [D-CA-17], Rep. Doggett, Lloyd [D-TX-37], Rep. Dean, Madeleine [D-PA-4], Rep. Boyle, Brendan F. [D-PA-2], Rep. Green, Al [D-TX-9], Rep. Moore, Gwen [D-WI-4], Rep. Casar, Greg [D-TX-35], Rep. Lee, Summer L. [D-PA-12], Rep. Stevens, Haley M. [D-MI-11], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Evans, Dwight [D-PA-3], Rep. Ryan, Patrick [D-NY-18], Rep. Pettersen, Brittany [D-CO-7], Rep. Lieu, Ted [D-CA-36], Rep. Omar, Ilhan [D-MN-5], Rep. Levin, Mike [D-CA-49]
Recent Actions
- 2025-02-01: Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
- 2025-01-31: Referred to the House Committee on Transportation and Infrastructure.
- 2025-01-31: Introduced in House
- 2025-01-31: Introduced in House
Bill Versions
- Decreasing Emergency Railroad Accident Instances Locally Act — issued 2025-01-31 — PDF (3 pages)