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U.S. Sen. Sherrod Brown, D-Ohio, speaks to the staff of the East Palestine Health Clinic during a visit to the village. Brown has made regular trips to East Palestine following last yearÀÏ˾»úÖ±²¥™s Norfolk Southern train derailment during which he has advocated for legislation that would enhance rail safety and require a health study for impacted communities. (File Photo)

President Joe Biden signed the Federal Disaster Tax Relief Act into law on Dec. 12, making any derailment-related compensation — including pending settlement awards — tax exempt. The passed legislation was a welcome relief to those in East Palestine and surrounding communities who are struggling to return to normalcy.

It also is the only bill introduced in response to the derailment to make it through either house of Congress, much less to Biden’s desk. Nearly two years after the rail disaster, all other legislation kindled by the derailment has seemingly stalled.

In total, more than 20 pieces of legislation (bills, resolutions and amendments to existing laws) introduced by federal lawmakers after Feb. 3, 2023, made mention of the derailment. Among the items, 13 bills were drafted specifically to protect the people who were left to live in the wake of the derailment or written to prevent a similar disaster — most notably the Railway Safety Act of 2023.

U.S. Sen. Sherrod Brown, D-Ohio, who lost his re-election bid to Republican Bernie Moreno in November, pushed hard for the bill, which would enhance existing rail regulations and add new mandates such as reducing train lengths, shortening the distance between hotbox detectors on the country’s 140,000 miles of freight lines, notifying local officials in advance of trains carrying hazardous cargo and a minimum two-person crew on every locomotive. On the eve of his Senate departure, Brown said Capitol Hill owes East Palestine more than it has delivered.

“This is why people hate Washington,” Brown said. “We had bipartisan legislation that would have ensured that what happened in East Palestine would never happen again — to any community. I’m angry for the people of East Palestine that it didn’t get done. I’m angry that the rail lobby, which has controlled this town for more than a century, still has too much influence over my colleagues. I hope it can get done in the next Congress.”

Brown, along with Sen. J.D. Vance, R-Ohio, introduced the Railway Safety Act, which was heralded by both as “common-sense rail legislation” on March 1, 2023 — less than a month after the derailment. It was referred to the Committee on Commerce, Science, and Transportation on March 16, 2023. It passed the Senate Commerce Committee in May 2023 and was finally placed on the Senate legislative calendar last December. A year has passed and it still awaits being brought to the floor

Related legislation has also made little to no movement. The house version of the Railway Safety Act, introduced by U.S. Rep.Chris Deluzio, D-Pa., was referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials on March 22, 2023, with no traction made since. Last July, Deluzio introduced more rail safety legislation — the Railroad Safety Enhancement Act of 2024 –that would require railroads to enroll in the Confidential Close Call Reporting System allowing rail employees to confidentially report unsafe events that they experience while being protected from discipline. That bill was also advanced to the same committee where it has sat since the day after it was introduced.

The inaction, Deluzio said, is inexcusable.

“Imagine if a train derailed and released a toxic fireball into the sky nearby your home and your family. Would you be OK with keeping weak safety rules that failed so miserably?” Deluzio said.

Other stagnant derailment-related bills introduced or co-sponsored by Deluzio in the House include the Decreasing Emergency Railroad Accident Instances Locally Act, or the DERAIL Act; the Assistance for Local Heroes During Train Crises Act; and East Palestine Health Impact Monitoring Act of 2024. The bills would among other things expand the definition of a high-hazard flammable train, establish a Hazardous Train Event Emergency Reimbursement Fund for state and local first responders and require a study to identify the public health impacts as a consequence of the derailment.

Sister bills of the Assistance for Local Heroes During Train Crises and East Palestine Health Impact Monitoring Acts were also introduced in the Senate in 2023 as was the the Railroad Accountability Act, which mandates that a real-time train consist — or a detailed list of the contents in each rail car — is made readily available and requires that every railroad submit an updated Risk Reduction Program Plan.

Brown either introduced or co-sponsored all of those Senate bills, but as he prepares to vacate his seat, the fate of any derailment-related legislation is out of his hands. Fellow Democratic senator and rail safety proponent Bob Casey of Pennsylvania also lost his re-election bid and he too will leave Washington next month. Meanwhile Vance, another East Palestine advocate, will embark on the vice presidency while former U.S. Rep. Bill Johnson, who introduced derailment-related legislation of his own with the Reducing Accidents In Locomotives Act or the RAIL Act, resigned from Congress in January to become president of Youngstown State University.

U.S. Rep. Michael Rulli, R-Ohio, defeated Democrat Michael L. Kripchak in June’s special election for the 6th District seat and again in November to win a full two-year term. He likely will be a staunch ally for East Palestine and the surrounding communities. It remains to be seen which other federal lawmakers will throw support behind Deluzio’s rail safety agenda and who will pick up where Brown, Casey, Vance and Johnson left off. Capitol Hill can be a fickle place where railroad lobbyists and the industry they represent often flex their billion-dollar muscles.

Still, Deluzio is not giving up without a fight. This month, he brought up the Railroad Safety Enhancement Act as a discharge petition — a procedure that would bring the bill for an immediate vote in the House if it gathers enough supporting signatures. His end-of-year push to pass the legislation through the House of Representatives would require support of an absolute majority (218) of the chamber’s members.

“Some powerful forces may want us to move on from the Norfolk Southern train derailment in East Palestine last year, but many of my constituents in Beaver County and our neighbors in Ohio have not,” Deluzio said. “Big railroads have been lobbying hard to kill these proposals. The fact is they don’t want to spend more on safety, but I’m not going to let this year end without a final showdown because the truth is that the House still has a shot to pass rail safety legislation. We have a chance to show my people in Western Pennsylvania and our Eastern Ohio neighbors that we haven’t forgotten them. Let’s not miss.”