[Congressional Record Volume 140, Number 108 (Monday, August 8, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
           FEDERAL RAILROAD SAFETY AUTHORIZATION ACT OF 1994

  Ms. SCHENK. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4545) to amend the Federal Railroad Safety Act of 1970, and 
for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4545

       Be it enacted by the Senate and the House of 
     Representatives of the United States of America in Congress 
     assembled,
       Strike all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Railroad Safety 
     Authorization Act of 1994''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       Section 20117(a)(1) of title 49, United States Code, is 
     amended by adding after subparagraph (B) the following new 
     subparagraphs:
       ``(C) $68,289,000 for fiscal year 1995.
       ``(D) $75,112,000 for fiscal year 1996.
       ``(E) $82,563,000 for fiscal year 1997.
       ``(F) $90,739,000 for fiscal year 1998.'.

     SEC. 3. HOURS OF SERVICE PILOT PROJECTS.

       (a) Amendment.--Chapter 211 of title 49, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``SEC. 21108. PILOT PROJECTS.

       ``(a) Waiver.--A railroad or railroads and all labor 
     organizations representing any class or craft of directly 
     affected covered service employees of the railroad or 
     railroads, may jointly petition the Secretary of 
     Transportation for approval of a waiver, in whole or in part, 
     of compliance with this chapter, to enable the establishment 
     of one or more pilot projects to demonstrate the possible 
     benefits of implementing alternatives to the strict 
     application of the requirements of this chapter to such class 
     or craft of employees, including requirements concerning 
     maximum on-duty and minimum off-duty periods. Based on such a 
     joint petition, the Secretary may, after notice and 
     opportunity for comment, waive in whole or in part compliance 
     with this chapter for a period of no more than two years, if 
     the Secretary determines that such waiver of compliance is in 
     the public interest and in consistent with railroad safety. 
     Any such waiver may, based on a new petition, be extended for 
     additional periods of up to two years, after notice and 
     opportunity for comment. An explanation of any waiver granted 
     under this section shall be published in the Federal 
     Register.
       ``(b) Report.--The Secretary of Transportation shall submit 
     to Congress, no later than January 1, 1997, a report that--
       ``(1) explains and analyzes the effectiveness of all pilot 
     projects established pursuant to a waiver granted under 
     subsection (a);
       ``(2) describes the status of all other waivers granted 
     under subsection (a) and their related pilot projects, if 
     any; and
       ``(3) recommends appropriate legislative changes to this 
     chapter.
       ``(c) Definition.--For purposes of this section, the term 
     `directly affected covered service employees' means covered 
     service employees to whose hours of service the terms of the 
     waiver petitioned for specifically apply.'' .
       (b) Table of Sections Amendment.--The table of sections for 
     chapter 211 of title 49, United States Code, is amended by 
     adding at the end the following new item:

``21108. Pilot projects.''.

     SEC. 4. CONFORMING AMENDMENT REGARDING HOURS OF SERVICE 
                   VIOLATIONS.

       Section 21303(a)(1) of title 49, United States Code, is 
     amended by inserting ``or violating any provision of a waiver 
     applicable to that person that has been granted under section 
     21108 of this title,'' after ``chapter 211 of this title''.

     SEC. 5. TECHNICAL AMENDMENT REGARDING FEDERAL RAILROAD 
                   SAFETY.

       Section 20111(c) of title 49, United States Code, is 
     amended by inserting ``this chapter or any of the laws 
     transferred to the jurisdiction of the Secretary of 
     Transportation by subsection (e) (1), (2), and (6)(A) of 
     section 6 of the Department of Transportation Act, as in 
     effect on June 1, 1994, or'' after ``individual's violation 
     of''.

     SEC. 6. BIENNIAL FEDERAL RAILROAD SAFETY REPORTING.

       (a) Section 20116 of title 49, United States Code, is 
     amended--
       (1) by striking in its heading ``Annual''
       and inserting in lieu thereof ``Biennial'';
       (2) by striking ``not later than July 1 of each year a 
     report on carrying out this chapter for the prior calendar 
     year. The report shall include the following information 
     about the prior year'' and inserting in lieu thereof ``every 
     two years, on or before July 1 of the year due, a 
     comprehensive report on the administration of this chapter 
     for the preceding two calendar years. The report shall 
     include the following information about such calendar 
     years''; and
       (3) in paragraph (1), by inserting ``, by calendar year'' 
     after ``casualties by cause''.
       (b) The item relating to section 20116 in the table of 
     sections for chapter 201 of title 49, United States Code, is 
     amended to read as follows:

``20116. Biennial report.''.

     SEC. 7. REPORT ON BRIDGE DISPLACEMENT DETECTION SYSTEMS.

       Not later than 18 months after the date of enactment of 
     this Act, the Secretary shall transmit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives a report concerning any action that has been 
     taken by the Secretary on railroad bridge displacement 
     detection systems.

     SEC. 8. TRACK SAFETY.

       Section 20142 of title 49, United States Code, is amended--
       (1) in subsection (b), by striking ``September 3, 1994'' 
     and inserting in lieu thereof ``September 1, 1995'';
       (2) in subsection (a)(1), by inserting ``, including cold 
     weather installation procedures'' after ``attendant 
     structure''; and
       (3) by adding at the end the following new subsection:
       ``(d) Identification of Internal Rail Defects.--In carrying 
     out subsections (a) and (b), the Secretary shall consider 
     whether or not to prescribe regulations and issue orders 
     concerning--
       ``(1) inspection procedures to identify internal rail 
     defects, before they reach imminent failure size, in rail 
     that has significant shelling; and
       ``(2) any specific actions that should be taken when a rail 
     surface condition, such as shelling, prevents the 
     identification of internal defects.''.

     SEC. 9. RESIDENCE OF EMPLOYEES.

       The amendments made by section 7 of the Amtrak 
     Reauthorization and Improvement Act of 1990 shall apply to 
     all periods before and after the date of their enactment.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California [Ms. Schenk] will be recognized for 20 minutes, and the 
gentleman from Ohio [Mr. Oxley] will be recognized for 20 minutes.
  The Chair recognizes the gentlewoman from California [Ms. Schenk].


                             general leave

  Ms. SCHENK. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their 
remarks, and include extraneous material, on H.R. 4545.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. SCHENK. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to commend the subcommittee chairman, the 
gentleman from Washington [Mr. Swift] for his fine work and for his 
expeditious handling of this matter. I also would like to commend the 
ranking member, the gentleman from Ohio [Mr. Oxley], for his efforts 
and his cooperation.
  Mr. Speaker, the Federal Railroad Administration has the enormous 
responsibility of ensuring that our Nation's freight and passenger 
trains travel safely throughout our rail system. This is no small task 
when you consider that there are over 297,000 miles of track and more 
than 1.2 million cars and locomotives. The legislation before us today, 
H.R. 4545, the Federal Railroad Safety Authorization Act of 1994, 
provides the Federal Railroad Administration with the necessary tools 
to continue fulfilling its safety mission.
  The overall safety record of the Nation's railroads has improved 
dramatically since the late 1970's. For example, in 1978, there were 
nearly 11,000 train accidents. In 1993, there were just over 2,600 
accidents. Despite the fact that last year was the second safest year 
ever for the Nation's railroads, there were still a number of serious 
train accidents which resulted in loss of human life and significant 
damage to railroad equipment and freight. There probably is not a 
Member of this body who cannot immediately call to mind a vivid image 
of a train accident that has happened sometime in the last year or two.
  We should all be pleased that the FRA is pursuing a very aggressive 
safety agenda. The agency currently is working on over 40 safety 
regulation projects and reports to Congress, some of which were 
mandated by the Congress in previous authorizations and some of which 
the agency has initiated on its own.
  The legislation before the House today allows FRA to continue its 
safety agenda while addressing two additional areas which were raised 
in hearings before the Subcommittee on Transportation and Hazardous 
Materials. First, it requires FRA to report on any action it has taken 
with regard to railroad bridge displacement detection systems. And 
second, it requires FRA to look into some of the issues of concern 
related to track structure and integrity.
  Safety is of paramount concern to the FRA and the Department of 
Transportation as evidenced by Secretary Pena's recent announcement of 
his plans to convene a rail passenger safety summit. The Congress 
expects FRA to do a thorough and comprehensive job on each of its 
safety initiatives. H.R. 4545 allows the agency to do just that. I urge 
its adoption.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OXLEY. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. OXLEY asked and was given permission to revise and extend his 
remarks.)
  Mr. OXLEY. Mr. Speaker, I rise in strong support of this safety 
legislation. I want to commend Subcommittee Chairman Swift and our 
entire committee, including Chairman Dingell and our ranking 
Republican, Mr. Moorhead, for the expeditious handling of this 
reauthorization. Rail safety is an area that affects every American, 
whether as a traveler, a neighbor of rail facilities, or as a user of 
the many products that depend upon rail transportation. Many Americans 
probably are unaware of it, but the rail transportation system is a 
vital and necessary part of their lives, even if they never ride a 
train as passengers.
  The safety programs of the Federal Railroad Administration are going 
forward on a steady course. This legislation recognizes that FRA 
already has a substantial agenda with the rulemakings and other tasks 
that were mandated in prior authorizations. Consequently, the 
provisions are mostly in the category of midcourse corrections.
  One notable exception is a provision that could revolutionize 
shiftwork in the railroad industry. That is the permission in this bill 
for labor and management to obtain waivers from the Hours of Service 
Act to conduct experiments with new approaches to work shifts for rail 
workers. This is a great opportunity to bring safety regulation into 
tune with current scientific knowledge about human physiology and 
circadian rhythm. It could well revolutionize the practices of the 
railroad industry concerning unpredictable or irregular work hours.
  One topic that I want to emphasize is the views expressed in the 
committee report on H.R. 4545 on a bipartisan basis concerning FRA's 
responsibilities as they interact with the jurisdiction of the 
Occupational Safety and Health Administration [OSHA]. The committee has 
made it quite clear that the railroad industry--both labor and 
management--are entitled to clear delineation of the respective 
authorities of the two agencies. We, therefore, expect FRA to act 
expeditiously to pursue a new memorandum of understanding or similar 
arrangement to spell out a clear boundary between those matters that 
are properly the province of FRA, and those that should be handled by 
OSHA. Labor deserves clear guidance on where to take its complaints, 
and management should be free of ambiguous, conflicting, or overlapping 
regulatory requirements.
  At our hearing, I raised the example of confusion and ambiguity 
between FRA and OSHA over the handling of silica dust hazards to 
maintenance-of-way personnel, even after FRA indicated that it was 
going to pursue this matter in its own regulatory proceeding. This is 
the type of situation which illustrates the urgent need for a prompt 
and clear demarcation of authority between the two agencies. In my 
view, it is quite obvious that only FRA has the expertise to deal with 
safety issues in uniquely rail-related situations, such as rights-of-
way and railroad operations. Moreover, FRA's regulatory requirements 
are by nature uniform across the Nation, in all States. On the other 
hand, OSHA's expertise lies in traditional shop or factory-type 
settings, such as repair facilities and shops. In addition, as I 
understand OSHA's statute, it allows considerable latitude for State 
participation and even State-by-State variation in regulatory 
requirements. As applied to the railroad industry, this would appear 
acceptable for fixed facilities, but not for right-of-way and operating 
safety issues.
  I strongly support H.R. 4545, Mr. Speaker, and I urge its prompt 
approval by the House.
  Mr. DINGELL. Mr. Speaker, I commend the distinguished chairman of the 
Subcommittee on Transportation and Hazardous Materials, Mr. Swift, for 
his hard work in crafting this legislation. I am sorry that he is 
leaving and will miss his guidance and counsel. I also want to thank 
the ranking Republican member of the committee, Mr. Moorhead, and the 
ranking member on the subcommittee, Mr. Oxley, for their help and 
support.
  Although the overall safety record of the Nation's railroads has 
improved dramatically since the late 1970's and traveling by train is 
still one of the safest ways to travel, recent rail accidents have 
underscored the need to remain focused on rail safety. Congress and the 
Federal Railroad Administration need to carry on our efforts to improve 
the safety of our Nation's railroads.
  The Committee on Energy and Commerce passed comprehensive railroad 
safety legislation in 1988 and 1992. These bills mandated significant 
rulemaking and reporting actions by FRA as part of its safety 
enforcement responsibilities. The legislation we are considering today, 
H.R. 4545, does not seek extensive new enforcement powers or duties, 
recognizing the need for the FRA to complete its current list of 
regulatory responsibilities as soon as possible.
  FRA has a challenging safety agenda. At no time in it's history that 
I can recall has the agency's task of overseeing the safety of our 
Nation's railroads been more important. FRA currently is working on 
over 40 safety regulatory projects and reports to Congress. The current 
funding authorization for FRA's safety program expires on September 30, 
1994.
  What will this legislation do? First, it allows FRA to approve pilot 
projects and grant waivers related to the hours of service requirements 
in current law. By determining how these consensual pilot projects may 
affect railroad safety, FRA can then decide whether or not some of 
these rigid requirements could be changed for the better. I would like 
to mention as well that representatives of rail labor and rail 
management have been engaged in a task force to examine many of these 
safety issues. I commend them for their efforts and urge their 
continued work in this regard.
  H.R. 4545 contains an important new section relating to track safety. 
The National Transportation Safety Board, in testimony before the 
Subcommittee on Transportation and Hazardous Materials, noted that a 
closer examination is needed of track installation and maintenance as 
well as detection of internal rail defects. This bill calls for DOT and 
FRA to examine these issues thoroughly.
  Another section in this legislation requires the Secretary of 
Transportation to report on action taken by the Department with regard 
to bridge detection systems. FRA currently is studying this matter as a 
result of the tragic train accident that occurred in Saraland, AL on 
September 22, 1993.
  This is an important piece of legislation which I strongly support. I 
believe it promotes the railroad safety goals established by the 
Committee on Energy and Commerce.
  I want to conclude by thanking Secretary Pena and Administrator 
Molitoris for their efforts to improve railroad safety.
  I urge my colleagues to support this legislation.
  Mr. MOORHEAD. Mr. Speaker, I rise in strong support of this rail 
safety reauthorization. I commend our committee's leadership on both 
sides of the aisle--Chairman Dingell, subcommittee ranking member 
Oxley, and subcommittee Chairman Swift--for their diligent work to move 
this legislation forward on a timely basis.
  Rail safety is critically important not only on its own merits, but 
as a key ingredient in public confidence in our rail transportation 
system. It often takes only a single accident to undermine public 
confidence in a system that functions flawlessly in thousands of other 
operations. This is particularly true of passenger rail service, which 
is becoming an increasingly important element of our transportation 
system.
  One important change in the law allowed by the bill is permission for 
railroad labor and management to obtain joint waivers of the usual 
requirements of the Hours of Service Act in order to conduct test 
programs to improve the safety practices bearing on wake-sleep cycles 
and rest periods for train crews. This is an area where medical and 
scientific knowledge is advancing rapidly, and we need to give the 
Federal Railroad Administration and the industry the flexibility to 
keep up with this improved understanding of human physiology.
  I also want to commend the committee for focusing this legislation on 
giving basic, general directives to the Federal Railroad 
Administration, without micromanaging its regulatory activities. We 
have given FRA a full plate of rulemakings and other projects in the 
two previous authorizations, and the agency needs to be allowed to 
bring its regulations into conformity with that legislation.
  I strongly support this legislation, and I urge its prompt approval 
by the House.
  Mr. SWIFT. Mr. Speaker, I rise in strong support of H.R. 4545, the 
Federal Railroad Safety Authorization Act of 1994. I introduced this 
legislation on June 8, 1994 at the request of the administration. H.R. 
4545 reauthorizes the safety programs of the Federal Railroad 
Administration [FRA] through fiscal year 1998.
  The importance of FRA's safety efforts is underscored every time we 
turn on the television or open the newspaper to see sobering 
photographs of a recent train accident. Tragically, there have been a 
number of train accidents in recent months which have resulted in the 
loss of human life and severe damage to railroad equipment and freight. 
The causes of these accidents are sometimes bizarre--whether its a 
barge hitting a railroad bridge as in the case of the accident near 
Saraland, AL or the apparent shifting of cargo on a passing train. In 
some cases, there are measures the FRA, railroad industry, and its 
employees could have taken which may have helped prevent the accident 
from occurring.
  The safety portions of title 49 of the United States Code--formerly 
known as the Federal Railroad Safety Act--set the framework for FRA's 
safety mission. The agency is currently pursuing a very aggressive 
safety agenda--many of the safety projects underway at FRA were 
required by the Congress in previous authorizations. However, the 
agency, under the leadership of Administrator Jolene Molitoris, has 
commenced other critical safety initiatives.
  H.R. 4545 builds on the FRA's current safety program without 
overburdening the agency. Specifically, the legislation allows rail 
management and rail labor to petition the Secretary of Transportation 
for waivers from the hours of service requirements so that the industry 
can try some alternative work/rest arrangements. In addition, the 
legislation addresses two safety areas which were highlighted during 
the oversight and legislative hearing process of the Subcommittee on 
Transportation and Hazardous Materials. First, H.R. 4545 requires the 
Secretary to report on any action which has been taken with regard to 
railroad bridge displacement detection systems. And secondly, the bill 
requires FRA to specifically address track shelling and cold weather 
installation of continuous welded rail.
  Mr. Speaker, H.R. 4545 received unanimous approval by the 
Subcommittee on Transportation and Hazardous Materials and the 
Committee on Energy and Commerce. I urge my colleagues to adopt H.R. 
4545.
  Mr. OXLEY. Mr. Speaker, I yield back the balance of my time.
  Ms. SCHENK. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California [Ms. Schenk] that the House suspend the 
rules and pass the bill, H.R. 4545, as amended.
  The question was taken.
  Ms. SCHENK. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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