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"Folks like us, who live along or near the tracks, refuse to be treated as collateral damage in the way of big railroads' profits," said Congressman Chris Deluzio.
On the eve of the first anniversary of a toxic train derailment in East Palestine, Ohio, residents, lawmakers, and members of U.S. President Joe Biden's administration are renewing calls for Congress to swiftly pass federal legislation boosting rail safety.
In a Friday letter, U.S. Rep. Chris Deluzio (D-Pa.) urged House Speaker Mike Johnson (R-La.) to "bring the Railway Saftey Act to the floor for a vote before Congress adjourns for the August recess," highlighting that the bill is backed by Democratic and Republican lawmakers as well as the Biden administration and former President Donald Trump, the GOP presidential frontrunner.
Deluzio, who introduced the House version of the bill with Rep. Nick LaLota (R-N.Y.), noted that the Norfolk Southern train derailed and released hazardous materials "less than a mile from the Pennsylvania state line and the homes and farms of my constituents."
"Without dwelling on the resulting health problems, environmental scare, and general lack of trust that I still regularly hear from my constituents, I instead want to empathize that we cannot accept congressional inaction, and how the February 3, 2023 derailment could have been much worse," the congressman wrote. "Folks like us, who live along or near the tracks, refuse to be treated as collateral damage in the way of big railroads' profits."
"Over the last two centuries, railroad companies have wielded their power and influence to protect their profits and avoid commonsense safety measures, allowing them to cut corners and pad the pockets of their corporate shareholders at the expense of the American people," he explained. "After the East Palestine derailment, the big railroad lobby sprang into action once again and lobbied members of Congress—directing them to do nothing to make rail safer and risk cutting into their profits."
The Railway Saftey Act—led in the Senate by Sens. Sherrod Brown (D-Ohio) and JD Vance (R-Ohio)—contains provisions to enhance safety procedures for trains carrying hazardous materials, reduce the risk of wheel bearing failures, require well-trained two-person crews, force carriers to face higher fines for wrongdoing, support communities impacted by disasters, and invest in safety improvements.
Brown and Vance have also issued fresh calls for action this week.
"Over the last year, I've visited East Palestine repeatedly, and our staff is there even more often," Brown said Tuesday. "Each time, we ask residents what we can do. They want the support and the compensation they are owed, but they do not want this derailment to define them. I don't want that either, and I don't want any other community in Ohio or around the country to have to deal with a disaster like this ever again."
"As I've told the people of East Palestine—and as I keeptelling them: I'm here for the long haul," he added. "I will always fight for the people of East Palestine. I will always fight to hold Norfolk Southern accountable. And I will always fight to make our railways safer."
As Nexstar's Reshad Hudson reported Tuesday:
Vance says he's working with Brown to get the needed support for the bill.
"It's not going to eliminate every train crash, but it hopefully can make these things much less common because they happen way too often,” Vance said.
According toRoll Call, U.S. Transportation Secretary Pete Buttigieg told reporters this week that his department has "done our part" and "we are pressing industry to do their part, Congress needs to act as well."
"Any congressional leader of any party who is serious about railroad safety should support funding for railroad safety inspections... and should support the Railway Safety Act," he said.
While the outlet noted that delays in the House are partly tied to a forthcoming national Transportation Safety Board investigation report, the bill's sponsors and Buttigieg are largely blaming industry opposition, with the secretary saying that "in the past, there have been times when Congress stood up against the railroad lobby... they should do that now."
The White House announced this week that Biden plans to visit East Palestine sometime in February "to meet with residents impacted by the Norfolk Southern train derailment and assess the progress that his administration has helped deliver in coordination with state and local leaders to protect the community and hold Norfolk Southern accountable."
The White House also reiterated the administration's support for the Railway Safety Act—a bill that is backed by workers but also contains loopholes that "you can run a freight train through," as Eddie Hall, national president of the Brotherhood of Locomotive Engineers and Trainmen, warned last year.
Other measures before Congress include the Railway Accountability Act—led by Brown along with Sens. John Fetterman (D-Pa.) and Bob Casey (D-Pa.), who are also fighting to pass the Railway Safety Act.
Demands for congressional action on rail safety and more have also continued to pour out of East Palestine and surrounding communities—particularly from people who remain displaced and are suffering a wide range of symptoms.
"What I've been experiencing is some of the fear that I've never known in almost all of my 70 years," Stella Gamble, a grandmother of nine who lives less than a mile from the derailment, said in a testimony shared by The Real News Network. "I am so afraid for my grandchildren and for the other children in this town. My granddaughters have rashes on their skin. They've been having female issues. They get massive headaches."
"I think that the whole thing behind everything that's happened here is the same as it is everywhere else in this country. It's all about the money," Gamble added. "Everything about it is the money, and they will gladly sacrifice a few thousand Appalachians to keep their trains going through here... We're just a sacrifice. That's how I feel. And I feel like my grandkids are being sacrificed, too."
"These tax breaks are nothing but corporate handouts," the lawmakers said in a letter to the CEOs of four military-industrial complex giants.
A pair of Democratic U.S. lawmakers on Wednesday sent a letter to the CEOs of four of the largest corporations in the military-industrial complex asking how their firms would benefit from Republicans' proposed expansion of a Trump-era tax cut under which the companies stand to save billions of dollars.
In their letter to heads of Raytheon, General Dynamics, Lockheed Martin, and Northrop Grumman, Sen. Elizabeth Warren (D-Mass.) and Rep. Chris Deluzio (D-Penn.) took aim at Republican efforts to extend provisions of the nearly $2 trillion Tax Cuts and Jobs Act (TCJA), signed into law by then-President Donald Trump in 2017.
One of those provisions, the so-called research and experimentation (R&E) deduction, would give the weapon-makers billions of dollars in retroactive tax breaks.
"A revival of the R&E tax break would add to the billions in savings your companies have already received from the 2017 Trump tax cuts."
"House Republicans, thanks to aggressive lobbying by Northrop Grumman, are trying to extend these tax giveaways while continuing to demand massive cuts to critical government programs relied on by millions of Americans," the letter states.
"A revival of the R&E tax break would add to the billions in savings your companies have already received from the 2017 Trump tax cuts, but it is far from clear if that is the best use of taxpayer dollars," the lawmakers continued. "As Congress continues to debate corporate tax reform and government funding levels—including proposals for further corporate tax giveaways, large increases [in] military spending, and cuts to other critical government programs—we should understand how your company and other massive corporations will be rewarded."
The lawmakers noted that Raytheon, Lockheed Martin, and Northrop Grumman have acknowledged they would save between $500 million and $2 billion for 2022 alone if the R&E deduction is retroactively extended.
"These tax breaks are nothing but corporate handouts," the letter asserts. "Meanwhile, Republicans plan on paying for their bill by gutting the clean energy credits passed through the Inflation Reduction Act. These energy credits will help grow the U.S. economy up to $200 billion and create up to 1.3 million jobs nationally by 2030, mainly by incentivizing investments in research and domestic manufacturing."
On Wednesday, Warren—who last month partnered with Sen. Mike Braun (R-Ind.) and Rep. Mike Garamendi (D-Calif.) to reintroduce legislation to crack down on price gouging by military contractors—led a Senate Armed Services Committee hearing on what she called "the need to root out waste" and profiteering.
The Biden administration is asking Congress to authorize $886 billion in military spending in the 2024 National Defense Authorization Act, which was passed by the GOP-controlled House of Representatives earlier this month. The bill is currently before the Senate.
Speaking on the Senate floor Wednesday, Sen. Bernie Sanders (I-Vt.)—who earlier said he would vote against the measure—"in the richest country on Earth, we do not need to force false choices. We can fund critical domestic priorities while maintaining a strong military, caring for our veterans, and getting Ukraine what it needs."
"But it will require the wealthy and corporations to pay their fair share in taxes, and it will require members of Congress to care less about the profits of Lockheed Martin, Boeing, or Raytheon, and more about the needs of working people," Sanders added. "Now is the time to rethink what we value as a society and to fundamentally transform our national priorities."
"We can't trust giant corporations like Norfolk Southern to keep communities safe out of the goodness of their hearts," said Rep. Chris Deluzio. "They're in it for profits, plain and simple."
Democratic Reps. Ro Khanna of California and Chris Deluzio of Pennsylvania introduced legislation Tuesday that would require the U.S. Transportation Department to impose more strict regulations on trains carrying hazardous materials, an effort to prevent disasters like the toxic derailment in East Palestine, Ohio from happening in the future.
"The people in East Palestine and western Pennsylvania are the working-class folks who feel invisible and abandoned by our nation," Khanna said in a statement. "This is a moment where we need political leaders from all parties and from across the country to speak out loudly for better safety regulations and to acknowledge what so many Americans are going through."
If passed, the Decreasing Emergency Railroad Accident Instances Locally (DERAIL) Act would direct the head of the Department of Transportation to "modify the definition of 'high-hazard flammable train' to mean a single train transporting one 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."
Thanks in part to aggressive industry lobbying, the Transportation Department currently defines a high-hazard flammable train as one carrying hazardous materials in at least 20 consecutive cars or 35 total, limiting the number of trains subject to more stringent safety rules.
Deluzio, who represents constituents located just miles from the East Palestine derailment, said in a statement that many people are "worried about their health and livelihoods and whether their air, water, and soil will be safe" after the East Palestine wreck.
"Following this derailment, many of them are worried about their health and livelihoods and whether their air, water, and soil will be safe after this disaster," Deluzio added. "They want answers, accountability, and assurance that something like this will never happen again. For too long, railroads have prioritized profit ahead of public safety and their workers, and it is time to regulate the railroads. This legislation is an important step forward to finally strengthen our rail regulations and improve rail safety in communities like Western Pennsylvania and across America."
\u201cWe can\u2019t trust giant corporations like Norfolk Southern to keep communities safe out of the goodness of their hearts. They\u2019re in it for profits, plain and simple.\n\nToday I\u2019m introducing the DERAIL Act with @RepRoKhanna to better regulate the railroads and put public safety first.\u201d— Congressman Chris Deluzio (@Congressman Chris Deluzio) 1677586588
As The Lever has reported, the Norfolk Southern train that derailed in eastern Ohio and spilled toxic chemicals—including the flammable carcinogen vinyl chloride—was not being regulated as a "high-hazard flammable train" (HHFT) due to a narrow definition of the category adopted by the Obama administration.
"The Obama administration in 2014 proposed improving safety regulations for trains carrying petroleum and other hazardous materials," The Lever noted earlier this month. "However, after industry pressure, the final measure ended up narrowly focused on the transport of crude oil and exempting trains carrying many other combustible materials."
"Then came 2017," The Lever continued. "After rail industry donors delivered more than $6 million to GOP campaigns, the Trump administration—backed by rail lobbyists and Senate Republicans—rescinded part of that rule aimed at making better braking systems widespread on the nation's rails."
In addition to requiring tougher regulation of trains carrying hazardous substances, Khanna and Deluzio's bill would require rail carriers involved in any potentially toxic derailment to provide the National Response Center, state and local officials, and tribal governments with a list of dangerous materials present on the train no later than 24 hours after the crash.
The House Democrats' legislation comes as Transportation Secretary Pete Buttigieg is facing growing pressure to strengthen lax regulations that are allowing railroad giants like Norfolk Southern to cut corners in pursuit of greater profits—often with dangerous consequences.
More than 1,000 trains derail in the United States each year, according to one estimate. A recent USA Today analysis found that hazardous material violations by rail companies "appear to be climbing," with federal inspectors flagging 36% more infractions over the last five years than they did in the preceding half-decade.
The Norfolk Southern train that crashed in eastern Ohio had a reputation among workers as a serious safety hazard. The train, formally known as 32N but nicknamed "32 Nasty," included around 20 cars carrying hazardous chemicals.
Greg Hynes, the national legislative director of SMART Transportation Division—the union that represents the workers who staffed the derailed Norfolk Southern train—said Tuesday that Khanna and Deluzio's proposal represents "positive action to improve rail safety for Pennsylvania and America."
PennEnvironment executive director David Masur agreed, saying the measure would "take commonsense and important steps to improve reporting and the public's right to know about volatile and hazardous materials rumbling through U.S. communities every day."
"As the derailment and explosion in East Palestine, Ohio showed us," Masur said, "federal laws excluding freight companies from reporting the dangerous and explosive materials that they are carrying have loopholes large enough to drive a train through."