Washington Tried Rail Safety Overhaul, But It Failed

Efforts to revive the same regulatory framework through executive action would not improve rail safety, experts say.

Published on Feb. 13, 2026

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In 2023, Congress rushed to pass the Rail Safety Act after a derailment in East Palestine, Ohio. The bill, backed by Senators JD Vance and Sherrod Brown, incorporated labor union priorities unrelated to the accident, such as minimum crew mandates. However, the bill stalled due to economic, operational, and political concerns. Now, there are rumors of a regulatory end-run to revive a similar framework, which experts warn would not actually enhance rail safety.

Why it matters

The failed Rail Safety Act highlighted how policymakers sometimes use accidents to advance pre-existing agendas, rather than pursuing targeted reforms. Reviving the same regulatory framework through executive action would not address the root issues and could lead to unintended consequences, such as increased costs and reduced flexibility in the rail industry.

The details

The 2023 Rail Safety Act quickly became a vehicle for labor priorities that had circulated in Washington for years, including minimum crew mandates and the creation of a new rail jobs bureau. These provisions were unrelated to the East Palestine derailment that prompted the legislation. The bill stalled due to concerns from moderate Republicans and the House's refusal to advance it, reaffirming that crisis-driven legislation often fails to withstand sustained examination.

  • In 2023, Congress rushed to pass the Rail Safety Act after the East Palestine, Ohio derailment.
  • The Rail Safety Act stalled and did not pass due to economic, operational, and political concerns.

The players

JD Vance

A newly elected U.S. Senator who was an original cosponsor of the Rail Safety Act.

Sherrod Brown

A U.S. Senator from Ohio who joined Vance in backing the Rail Safety Act, which bore the imprint of Brown's longtime alliance with organized labor.

Federal Railroad Administration

The agency whose guiding regulations, over 60 years old, are often disconnected from current technological and operational advancements in the rail industry.

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What they’re saying

“Reanimating the same framework through executive maneuver would not make the rail system safer. It would merely show that, when faced with legislative failure, some policymakers prefer to try again rather than to rethink.”

— Veronique de Rugy (nationalreview.com)

The takeaway

The failed Rail Safety Act demonstrated how policymakers sometimes use accidents to advance pre-existing agendas, rather than pursuing targeted reforms. Reviving a similar regulatory framework through executive action would not address the root issues and could lead to unintended consequences, underscoring the need for more durable and safety-enhancing policies based on evidence and second-order effects.