- Potential benefitFaster notification enables quicker emergency response and potentially reduced public-health harms.
- Potential benefitBroader high-hazard definition may trigger additional safety controls and reduce high-risk train operations.
- Potential benefitRequires DOT action within 90 days, providing faster regulatory clarity for carriers and responders.
DERAIL Act
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
The bill directs the Secretary of Transportation to revise 49 C.F.R. §171.8 to define “high-hazard flammable train” as any single train with one or more loaded tank cars of Class 3 flammable liquid or Class 2 flammable gas. It also creates 49 U.S.C. §20904 requiring rail carriers to report, within 24 hours of any derailment involving materials toxic by inhalation, all such TIH materials to the National Response Center, State, local, and Tribal officials.
Liberals emphasize improved safety and transparency benefits
Relative to its intended legislative type, this bill establishes specific substantive changes—a regulatory directive to redefine 'high-hazard flammable train' and a statutory 24-hour reporting requirement for derailments involving 'material toxic by inhalation'—with some concrete deadlines and named actors.
The bill directs the Secretary of Transportation to revise 49 C.F.R. §171.8 to define “high-hazard flammable train” as any single train with one or more loaded tank cars of Class 3 flammable liquid or Class 2 flammable gas.
It also creates 49 U.S.C. §20904 requiring rail carriers to report, within 24 hours of any derailment involving materials toxic by inhalation, all such TIH materials to the National Response Center, State, local, and Tribal officials.
Modest chance: non-ideological safety goal helps, but regulatory costs, industry resistance, and no compromise features lower prospects.
Relative to its intended legislative type, this bill establishes specific substantive changes—a regulatory directive to redefine 'high-hazard flammable train' and a statutory 24-hour reporting requirement for derailments involving 'material toxic by inhalation'—with some concrete deadlines and named actors. It is concise and targeted but leaves important implementation, fiscal, enforcement, and definitional details unspecified.
Liberals emphasize improved safety and transparency benefits
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Potential burdenNew reporting and compliance requirements will increase administrative and recordkeeping costs for rail carriers.
- Potential burdenExpanding the high-hazard train definition could broaden regulatory burdens and operational restrictions on freight mov…
- Potential burdenPost-derailment disclosure of toxic materials may raise security or malicious-use concerns for sensitive cargo informat…
Why the argument around this bill splits.
Liberals emphasize improved safety and transparency benefits
Likely broadly supportive because the bill tightens definitions and mandates timely reporting of toxic inhalation materials.
Supporters would see it as improving emergency response, community notification, and regulatory coverage for hazardous trains, though many progressives might press for stronger operational limits and mitigation measures.
Generally favorable but pragmatic: welcomes clearer definitions and rapid reporting while wanting evidence of cost-effectiveness and operational clarity.
A centrist will focus on timely, well-scoped implementing rules and measured compliance costs for railroads and first responders.
Skeptical.
Sees the bill as expanding federal regulatory reach and creating new reporting burdens for rail carriers.
While not opposing safety notification per se, conservatives will worry about compliance costs, operational disruption, and rapid rulemaking without adequate review.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Modest chance: non-ideological safety goal helps, but regulatory costs, industry resistance, and no compromise features lower prospects.
- Downstream regulatory triggers from the new definition
- Estimated compliance costs absent a CBO-like score
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Liberals emphasize improved safety and transparency benefits
Modest chance: non-ideological safety goal helps, but regulatory costs, industry resistance, and no compromise features lower prospects.
Relative to its intended legislative type, this bill establishes specific substantive changes—a regulatory directive to redefine 'high-hazard flammable train' and a statutory 24-hour reporting requirement for derailment…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.