I 118th CONGRESS 1st Session H. R. 1238 IN THE HOUSE OF REPRESENTATIVES February 28, 2023 Mr. Deluzio (for himself, Mr. Khanna , Ms. Tlaib , Mr. Moskowitz , Ms. Barragán , Mr. Garamendi , Mr. Doggett , Mr. Nickel , Mr. Ryan , Ms. Tokuda , Mr. Bowman , Mr. Boyle of Pennsylvania , and Ms. Lee of Pennsylvania ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to issue certain regulations to define high-hazard flammable train, and for other purposes.

1. Short title This Act may be cited as the Decreasing Emergency Railroad Accident Instances Locally Act or the DERAIL Act . 2. High-hazard flammable train Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to amend section 171.8 of title 49, Code of Federal Regulations, to modify the definition of high-hazard flammable train to mean a single train transporting 1 or more loaded tank cars of a Class 3 flammable liquid or a Class 2 flammable gas and other materials the Secretary determines necessary for safety. 3. Reporting of material toxic by inhalation (a) In general Chapter 209 of title 49, United States Code, is amended by adding at the end the following: 20904. Reporting of accidents involving material toxic by inhalation Not later than 24 hours after any train derailment involving a train carrying material toxic by inhalation, the railroad carrier involved in such derailment shall report to the National Response Center, State officials, local officials, and Tribal governments all material toxic by inhalation on such train. . (b) Clerical amendment The analysis for chapter 209 of title 49, United States Code, is amended by adding at the end the following: 20904. Reporting of accidents involving material toxic by inhalation. .