Review - HR 8537 Introduced – East Palestine Health Study

Back in May, Rep Joyce (R,OH) introduced HR 8537, the East Palestine Health Impact Monitoring Act of 2024. The bill would require HHS to conduct a study on the health effects of the 2023 East Palestine, OH train derailment. The bill would authorize “such sums as may be necessary for fiscal year 2025, to remain available until September 30, 2029, to carry out this Act”.

This bill is nearly identical to the reported version of S 4045. The Senate Health, Education, Labor and Pensions Committee approved that revised language in markup hearing on May 23^rd, 2024. No further action has been taken in the Senate.

Moving Forward

Neither Joyce, nor any of his four cosponsors are members of the House Energy and Commerce Committee to which this bill was assigned for consideration. This means that there probably is no sufficient influence to see the bill considered in Committee. With the vague funding language, I suspect that if the bill were considered, it would receive some level of bipartisan support in Committee. Whether it would be enough to allow the bill to reach the floor under the suspension of the rules process remains to be seen.

 

For more details about the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-8537-introduced - subscription required.

Review - S 4045 Reported in Senate – E Palestine Health Study

Last month, the Senate Health, Education, Labor and Pensions Committee ordered S 4045, the East Palestine Health Impact Monitoring Act of 2024, reported favorably without a report. The Committee met on May 23^rd, 2024 and adopted substitute language for the bill. The reported version of the bill is a significant rewrite of the legislation, changing study responsibility requirements, timelines, and funding. The bill is now cleared for potential action by the full Senate.

Moving Forward

This bill is now cleared for potential action by the full Senate. Normally, I would say that this bill is not politically important enough to take up the time of the Senate, but I suspect that this bill could be considered as a stand in for taking action on hazmat rail shipments issues that were highlighted by the E. Palestine train derailment. Railroad are fighting those rail safety bills hard but would have little objection to this bill. Still, I would expect that the leadership would try to pass this by unanimous consent.

 

For more details about the changes made in the reported version of the bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-4045-reported-in-senate - subscription required.

Review - S 4045 Introduced – East Palestine Health Monitoring

Last month, Sen Vance (R,OH) introduced S 4045, the East Palestine Health Impact Monitoring Act of 2024. The bill would require HHS to conduct a study on the health effects of the 2023 East Palestine, OH train derailment. The bill would authorize $2 million per year through 2028 for the study.

Moving Forward

While Vance is not a member of the Senate Health, Education, Labor, and Pensions Committee to which this bill was assigned for consideration, one of his three cosponsors {Sen Casey (D,PA)} is a member. This means that there may be sufficient influence to see this bill considered in Committee. I would expect to see some Republican opposition to this bill because the results of such a study would likely be used to justify additional lawsuits against Norfolk Southern, the railroad involved in the incident. Still I expect that the bill would have sufficient bipartisan support to pass in Committee. I do not expect to see this bill reach the floor of the Senate, though its language could be expected to be offered as an amendment to the DOT spending bill or transportation authorization bill.

Commentary

This is a little bit late (but better late than never) to be starting this sort of post-accident health effects study. To be most effective, this should start within hours or days of the incident. That cannot, of course, happen if we need to rely on the local congressional delegation to put together study legislation and attempt to push it through Congress each time such accidents happen. There should be statutes in place to require the EPA, DOT, and HHS to conduct such studies any time there a significant chemical release occurs. DOT should fund studies for transportation related incidents and the EPA for fixed site accidents.

 

For more details about the provisions of this bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-4045-introduced - subscription required.

Bills Introduced – 3-21-24

Yesterday, with both the House and Senate in session, there were 82 bills introduced. Three of those bills may receive additional attention in this blog:

HR 7781 To require a report on the economic and national security risks posed by the use of artificial intelligence in the commission of financial crimes, including fraud and the dissemination of misinformation, and for other purposes. Nunn, Zachary [Rep.-R-IA-3]

S 4024 A bill to amend the Homeland Security Act of 2002 to enable secure and trustworthy technology through other transaction contracting authority. Peters, Gary C. [Sen.-D-MI] 

S 4045 A bill to require a study on public health impacts as a consequence of the February 3, 2023, train derailment in East Palestine, Ohio.

All three of these bills appear to address issues that are tangentially similar to topics that I routinely cover in this blog. While I am normally able to point to specific issues that I would be looking for in such bills, all three of these bills address issues that may be more complex than I would be able to put into a routine ‘looking for’ statement. I suspect that S 4045 will be the most likely bill to receive further consideration here.

The Missing Bill

I had expected to see the House resolution that I discussed yesterday that forms the basis for the consideration of the 2^nd FY 2024 spending minibus. I have no idea why it was not introduced, but it is still on the list of legislation scheduled for consideration in the House today. It will almost certainly be one of the first things considered today so that there will be some time available for the Senate to take up the HR 2882, the bill that would be amended to be the spending bill. With any kind of luck, Sen Schumer (D,NY) has come to some sort of agreement about a list of amendments that will get floor votes before the final vote on the amended HR 2882. If that final vote does not happen by midnight, a technical shutdown will occur, but the effects would be somewhat limited because it is the weekend. If the Senate must adjourn, before the final vote on the bill (or the bill fails in a final vote), the partial government shutdown becomes more than technical.