Congressional Record, Volume 153 Issue 157 (Wednesday, October 17, 2007)

[Congressional Record Volume 153, Number 157 (Wednesday, October 17, 2007)]
[House]
[Pages H11671-H11696]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FEDERAL RAILROAD SAFETY IMPROVEMENT ACT OF 2007

The SPEAKER pro tempore. Pursuant to House Resolution 724 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 2095.

{time} 1550

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 2095) to amend title 49, United States Code, to prevent railroad
fatalities, injuries, and hazardous materials releases, to authorize
the Federal Railroad Safety Administration, and for other purposes,
with Mr. Pomeroy in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Minnesota (Mr. Oberstar) and the gentleman from
Pennsylvania (Mr. Shuster) each will control 30 minutes.
The Chair recognizes the gentleman from Minnesota.
Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman and colleagues, we gather here for an historic moment in
the history of transportation, particularly the history of rail
transportation. And I'm glad there are so many Members still gathered
on the floor to listen to an erudite conversation that we are going to
have on both sides of the aisle about the history of rail safety.
Although our committee has had jurisdiction over the rail sector for
the past dozen years, this is the first time the committee has brought
a rail safety authorization bill to the House floor. It is, in fact,
only the second time in 100 years that the House will consider
amendments, adjustments to the hours of service rule in the rail
sector.
We bring to you an important bill that addresses long-neglected
failings and shortcomings of safety in the rail sector that will make
the railroad safer in the future; that will make jobs for workers in
that sector safer in the future; that will make safer passage through
towns through which railroads pass, often with toxic substances, toxic
chemicals, frankly, the safest way to move those substances, but we are
going to make it safer with this legislation.
I particularly want to thank the distinguished Chair of the
Subcommittee on Railroads, the gentlewoman from Florida (Ms. Corrine
Brown) for her persistent leadership, persistent efforts over the past
years of service on the committee in support of rail safety; and the
gentleman from Florida (Mr. Mica), ranking member of the full
committee, participating in substantive discussions that resulted in
compromises that we bring to the floor; and to the gentleman from
Pennsylvania (Mr. Shuster), who has a large rail presence in his own
district and, of course, in the State of Pennsylvania.
In each of the past five Congresses, I have introduced for
consideration by the committee broad scope rail safety legislation and
pledged that if it isn't considered in each of those Congresses, when
the majority would turn and I would have the opportunity to lead the
committee, that we would move such legislation. And today we deliver on
that commitment.
The discussions that we had were inclusive. They were extensive. They
were intensive. There were adjustments made on both sides with the
result that, as the gentleman from Florida (Mr. Lincoln Diaz-Balart)
said during consideration of the rule, this is a bipartisan bill.
The Federal Railroad Administration has reported that the total
number of train accidents, collisions, derailments, and others
increased from 2,504 in 1994 over the next decade to 3,325 in 2005.
Thankfully, over the last year, that number decreased to 2,925. Those
improvements in rail safety statistics are a good sign. But I know from
more than 25 years of chairing subcommittees on safety issues that we
have a long way to go. Serious accidents resulting in fatalities,
injuries, and environmental damages continue to occur and will continue
to occur. Equipment can fail, people make mistakes, storms happen that
cause those accidents. But we have to do everything that is possible in
our realm to make sure that those accidents are minimized.
Safety requires constant vigilance by workers on the job, by
employers, by

[[Page H11672]]

government safety oversight agencies, and by the Congress. Whether it
is in mining, whether in maritime, whether in aviation, trucking,
highway passenger vehicle traffic, or in the railways, vigilance is the
key to safety. Safety, I define, is the relative absence of risk. And
when we apply that standard to every mode of transportation and we
enforce it, we will achieve greater protection of the public interest.
The FRA says that 40 percent of all train accidents result from human
factors, and that's a comparable number in the other modes of
transportation as well. In railroading, one in four of those accidents
results from fatigue. In testimony at our committee hearings, the
National Transportation Safety Board said, ``The current railroad hours
of service laws permit, and many rail carriers require, the most
burdensome, fatigue-inducing work schedule of any federally regulated
transportation mode in the country.'' And a comparison of the modes is
revealing.
A commercial part 121 airline pilot can work up to 100 hours a month.
A part 135, generally known as a charter operation, can work up to 120
hours a month. Shipboard personnel on ocean-going vessels can work up
to 360 hours a month. A truck driver can be on duty for 350 hours a
month. But in train crews, they can be on duty up to 432 hours a month.
That's 14 hours a day for each of those 30 days.
Fatigue sets in. Fatigue causes people to lose concentration, to lose
focus, to lose control. Vince Lombardi said, ``Fatigue makes cowards of
us all.'' He didn't mean physical cowards. He meant inability to make
the right judgments.

{time} 1600

And that's what fatigue does in the workplace. If you have any
question about it, look at some of the things we say around this body
at 2, 3 or 4 o'clock in the morning after 14 or 16 hours of debate. It
doesn't make a whole lot of sense when you listen to it or when you
read it. And it doesn't make any better sentence in the locomotive.
Congress made some slight modifications to the hours of service law
in 1969, but this bill is the first major reform of rail hours of
service standards since 1907. Our duty is to make hours of service
safer and better. And this bill provides signal and train crews with
rest, prohibits them from working more than 12 hours in a day, limits
limbo time. I said in the beginning of the hearing, if it was good
enough for the Pope to eliminate limbo, it ought to be good enough for
the Congress to at least limit it in rail service.
The bill also requires all class 1 railroads to implement a positive
train control system, which was the NTSB's most wanted transportation
safety improvement since this was developed in 1990.
The legislation also addresses track safety. In 2006, track-related
accidents surpassed human factors as the leading cause of all train
accidents. Just look at the list. Most recently, in Oneida, New York;
Pico Rivera in California; Home Valley in Washington; Minot, North
Dakota; Nodaway, Iowa. All of them raise serious questions about the
condition and the safety of the track on the Nation's railways, call
into question the adequacy of track safety regulation and FRA's,
Federal Railroad Association's, oversight of those conditions.
This bill requires the railroads to inspect their tracks, to look for
internal defects, and provides increased funding for Federal Railroad
Administration for track inspection technology, and strengthens
enforcement at the Federal Railroad Administration.
FRA investigated just 13 percent of the most serious grade crossing
collisions. We've got to do better than that. In 2004, the FAA
conducted onsite investigations of 1,392, 93 percent of the aviation
accidents that FAA had responsibility for investigating, but the FRA
did only 13 percent. That's not good enough. That's not conducting
oversight. That's not accepting and exercising your governmental
oversight responsibility and responsibility to the public.
We increase the number of inspectors for safety at the FRA. We will
double the number of Federal rail safety inspectors over the next 4
years. And we do many other items that are of great importance. I will
include in the Record at this point the committee document that lists
in specific detail all those safety improvements.

H.R. 2095, The Federal Railroad Safety Improvement Act of 2007

Reauthorizes the FRA

Establishes the FRSA. Re-establishes the Federal Railroad
Administration as the Federal Railroad Safety Administration
(FRSA), which shall consider the assignment and maintenance
of safety as the highest priority. Creates a new position of
Chief Safety Officer.
Rail Safety Strategy. Requires the Secretary to develop a
long-term strategy for improving rail safety, which must
include an annual plan and schedule for, among other things,
reducing the number and rates of accidents, injuries, and
fatalities involving railroads.
Reports. Requires regular reporting from the Department of
Transportation's Inspector General and the National
Transportation Safety Board on the FRSA's progress in
implementing statutory mandates and open safety
recommendations.
Financing. Increases funding for the Federal rail safety
program for fiscal years 2008 through 2011, as follows: $230
million for FY2008; $260 million for FY2009; $295 million for
FY2010; and $335 million for FY2011. In addition, $18 million
is authorized for the design, development, and construction
of the Facility for Underground Rail Station and Tunnel at
the Transportation Technology Center in Pueblo, Colorado.

Worker and Public Safety

Hours of Service Reform. Provides signal and train crews
with additional rest; prohibits them from working in excess
of 12 hours; extends hours-of-service standards to railroad
contractors; limits limbo time; eliminates the use of camp
cars; and requires railroads to develop fatigue management
plans.
Training. Establish minimum training standards for railroad
workers, and requires the certification of conductors and
carmen.
Medical Attention. Prohibits railroads from denying,
delaying, or interfering with the medical or first aid
treatment of injured workers, and from disciplining those
workers that request treatment. Also requires railroads to
arrange for immediate transport of injured workers to the
nearest hospital.
Emergency Escape Breathing Apparatus. Provides emergency
breathing apparatus for all crewmembers on freight trains
carrying hazardous materials that would pose an inhalation
hazard in the event of unintentional release.
Installation of Safety Technologies. Mandates
implementation of positive train control by December 31,
2014, and authorizes the FRSA to establish a grant program to
assist railroads in implementing this requirement. Also
requires railroads to either install technologies in
nonsignaled territories that alert train crews of misaligned
switches or operate trains in such areas at speeds that will
allow them to safely stop in advance of a misaligned switch.
Rail Passenger Disaster Family Assistance. Directs the NTSB
to establish a program to assist victims and their families
involved in a passenger rail accident, modeled after a
similar aviation disaster program.

Track Safety

Internal Rail Defects. Requires railroads to conduct
inspections to ensure that rail used to replace defective
segments of existing rail is free from internal defects, and
to perform integrity inspections to manage an annual service
failure rate of less than 0.1 per track mile on high-risk
corridors. Also encourages railroad use of advanced rail
defect inspection equipment and similar technologies as part
of a comprehensive rail inspection program.
Concrete Crossties. Directs the FRSA to develop and
implement regulations for all classes of track for concrete
rail ties.
Inspection Technologies. Directs the FRSA to purchase, with
amounts appropriated, six Gage Restraint Measurement System
vehicles and five track geometry vehicles to enable the
deployment of one Gage Restraint Measurement System vehicle
and one track geometry vehicle in each region.

Grade Crossing Safety

Toll Free Number to Report Grade Crossing Problems.
Requires the railroads to establish and maintain a toll-free
telephone number for reporting malfunctions of grade crossing
signals, gates, and other devices and disabled vehicles
blocking railroad tracks.
Sight Distance. Directs the railroads to remove overgrown
vegetation at grade crossings, which can obstruct the view of
approaching pedestrians and vehicles.
Accident and Incident Reporting. Requires the FRSA to
conduct periodic audits of railroads to ensure they are
reporting all accidents and incidents the National Accident
Database.
National Crossing Inventory. Requires railroads to report
current information, including information about warning
devices and signage, on grade crossings to enable the FRSA to
maintain an accurate inventory of such crossings.
State Action Plan. Requires the Secretary to identify on an
annual basis the top 10 States that have had the most grade
crossing collisions, and to work with them to develop a State
Grade Crossing Action Plan that identifies specific solutions
for improving safety at grade crossings.
Emergency Grade Crossing Improvements. Establishes a grant
program to provide

[[Page H11673]]

emergency grade crossing safety improvements at locations
where there has been a grade crossing collision involving a
school bus or multiple injuries/fatalities.

Enforcement

Civil Penalties. Increases civil penalties for certain rail
safety violations from $10,000 to $25,000. The minimum civil
penalty remains $500. For grossly negligent violations or a
pattern of repeated violations, the maximum civil penalty is
increased from $20,000 under current law to not more than
$100,000.
Criminal Penalties. Increases the maximum penalty for
failing to me an accident or incident report from $500 to
$2,500.
Enforcement Transparency. Requires the FRA to provide a
monthly updated summary to the public of all railroad
enforcement actions taken by the Secretary.
Safety Investigations. Makes it unlawful for any person to
knowingly interfere with, obstruct, or hamper an
investigation by the Secretary of Transportation or the
National Transportation Safety Board.
Railroad Radio Monitoring. Authorizes the FRSA to intercept
and record certain railroad radio communications for the
purpose of correcting safety problems and mitigating the
likelihood of accidents or incidents.
Inspector Staffing. Doubles the number of Federal rail
safety inspectors by December 31, 2011.

Other

Tunnel Information. Requires railroads to maintain certain
information related to structural inspections and maintenance
activities for tunnels, and requires those railroads to
provide periodic briefings to the government of the local
jurisdictions in which the tunnels are located, including
updates whenever a repair or rehabilitation projects alters
the methods of ingress and egress into and out of the
tunnels.

Mr. Chairman, I reserve the balance of my time.
Mr. SHUSTER. Mr. Chairman, I yield myself such time as I may consume.
We are here today to consider one of the most important pieces of
legislation that we will undertake this year, as the chairman pointed
out, the Federal Rail Safety Improvement Act of 2007.
As the chairman pointed out, there are still accidents that occur and
there are still deaths that occur on rail, but to put that into
perspective, in 2006, it was in fact the safest year ever in our
Nation's railroad history.
Over the past 30 years, we have made tremendous progress in reducing
the number of train accidents and deaths that occur around our rail
yards and railroad lines. Let me give you some of those statistics.
In 1996, there were 33 railroad employees that were killed; in 2006,
it's down to 16. Now, that's 16 too many, and we can continue to reduce
that as we're attempting to do in this bill, but as you can see, there
has been definite improvement.
Passenger trains, which were carrying, in 1996, 397 million people,
in that year, there were 12 passengers killed. In 2006, there were 549
million passengers that were transported by train, and there were only
two killed in 2006. Once again, a significant decrease. Any death is
too many, but we're seeing positive results in the rail industry. In
1996, 488 people were killed at grade crossing accidents; and in 2006,
that number, again, is down to 369.
While those numbers are high, this bill is going to address, as I
will talk about here, how it's going to address those unsafe conditions
and how we can improve making them safer for the traveling public and,
of course, the rail industry.
One of the biggest issues we address in this bill is limbo time, the
time that train crews must wait for pickup at the end of a run. Limbo
time is very complicated. We went through some complicated
negotiations, but in the end, limbo time will still exist. And I think
it's important that people know that the limbo time that employees wait
at the end of their run, they are being paid for limbo time, but it
extends that waiting period and can result in crews being fatigued. So
we phased that down in this bill. We phased down limbo time to 10 hours
per month over a period of 3 years. Complete elimination of limbo time
would have had some unintended consequences, like forcing train crew
members to relocate their homes to new reporting points. The
compromised language in this bill avoids disrupting the lives of rail
workers and should permit railroad operations to continue smoothly and
safely.
Another safety concern addressed in this bill is installation of
positive train control, or PTC. The bill mandates that PTC be installed
by the year 2014, but also provides up to 2 years of leeway in case a
better or more effective system is developed.
Installation of PTC will likely cost about $3 billion, but the people
that use the system will pay for that. That's not going to be passed on
to the taxpayers, but the people that use the system and the rail
industry will see some positive things happening in their operations to
help them lower their costs. That's why I think it's important that we
install an effective and reliable system, and this bill will ensure
that.
I must admit that I think the bill still has some weaknesses, and we
need to continue to improve in some critical areas. Grade crossing and
trespassing fatalities, still the numbers are high. As I mentioned
earlier, in 1996, there were 471 fatalities. That number went up,
trespassers that died in 2006, to 517. And trespassers are people that
are going onto rail properties illegally, they don't belong there, but
those trespassing deaths are something we have to address.
Grade crossing fatalities. Again, we've seen them decrease, but we
need to do more. I am grateful to Mr. Graves, who submitted an
important amendment in the committee markup. The amendment is now part
of the bill and authorizes up to $250,000 in emergency funding for a
crossing which experiences a collision with a school bus or an accident
where there is a fatality. Presently, if there is a fatality, that
grade crossing just stays on the list, but with Mr. Graves' amendment,
we're going to push it up until it's prioritized and make sure that
crossing is dealt with in a timely manner.
I am also grateful to Mr. Brown from South Carolina, who helped us
create a provision fostering the use of advanced warning devices at
railroad crossings.
In closing, I want to thank Chairman Oberstar and Chairwoman Brown,
the subcommittee Chair, for working with me and Mr. Mica in trying to
make this bill a better bill. As I said, there are still some
improvements that we would like to see, and we will continue to work
through the process to make the bill a stronger bill.
I urge my colleagues to support H.R. 2095.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield 5 minutes to the distinguished
Chair of our Rail Subcommittee, Ms. Brown, the gentlelady from Florida.
Ms. CORRINE BROWN of Florida. First of all, let me just thank
Chairman Oberstar for his leadership on Transportation. Truly, Mr.
Oberstar is a transportation guru. And his motto, ``Transportation is
the committee that put America to work,'' I want to thank you for
``let's put America to work safely.'' I also want to thank Mr. Mica and
Mr. Shuster for their hard work on this legislation.
Developing this rail safety legislation was the number one priority
for the Railroad Subcommittee. Congress last passed legislation to
reauthorize the Federal Railroad Administration in 1994. That
authorization expired in 1998. Since that time, the railroad industry
has changed greatly. Economic growth and increase in international
trade has led to record traffic levels. At the same time, Amtrak and
the commuter railroads, which often operate freight rail lines, are
moving more passengers, which means that there's lots of pressure on
the rail system, and this has a major impact on work and public safety.
Since the beginning of the 110th Congress, the subcommittee has held
six hearings on rail safety, examined fatigue, the role of human
factors in rail accidents, and the reauthorization of the Federal Rail
Safety program. We also held two hearings in Texas and California.
In addition to the subcommittee's hearings, we met with labor, the
railroads, government agencies, and other interested parties in
crafting this legislation. Through some tough negotiations, we were
able to develop a bipartisan agreement on the most difficult issues,
and I believe we have a really good bill. Let me highlight a number of
provisions in the bill.
H.R. 2095 reauthorized the FRA as the Federal Railroad Safety
Administration and ensures that it will consider and assign maintenance
and safety as their highest priority.
The bill seeks to help prevent accidents caused by human factors,
which accounts for about 40 percent of all rail accidents, by
strengthening the hours

[[Page H11674]]

of service law, increasing worker training and qualifications, and
implementing advanced safety technologies.
This bill improves safety at our Nation's grade crossings. It
requires railroads to establish, maintain, and post a toll-free number
at all grade crossings to receive calls regarding malfunctions of
signals, crossing gates, or disabled vehicles blocking crossings.
H.R. 2095 directs the Secretary to prescribe regulations regarding
railroads to remove all overgrown vegetation from their right-of-way to
improve the view of pedestrians and motor vehicle operators. H.R. 2095
also requires railroads to develop and submit to the Secretary a plan
for implementing a positive train control system by December 31, 2014.
Further, it requires the Secretary of Transportation to develop a
long-term strategy for improving railroad safety, which must include a
plan and schedule for reducing the number and rates of accidents,
injuries and fatalities involving railroads.
Simply put, this legislation is going to save lives. I look forward
to going to conference and putting a bill on the President's desk for
his signature.
I want to again thank Chairman Oberstar for his leadership on the
committee. And I would encourage all of my colleagues to support this
legislation.
Mr. SHUSTER. I yield as much time as he may consume to the
distinguished ranking member of the Transportation Committee.
Mr. MICA. Thank you, Mr. Shuster, for yielding me time, and also for
managing the time today on this bill. Mr. Shuster is doing an
outstanding job in leading the Republican side of the Rail
Subcommittee, and I appreciate his fine efforts. Also, the great
efforts of my colleague from Florida (Ms. Corrine Brown), who chairs
the subcommittee. And indeed, we are fortunate to have someone with Mr.
Oberstar's leadership at our helm, chairing the committee after a long
wait of some 32 years. I know this has been one of his priorities, rail
safety, and I'm pleased that he has an opportunity to bring his bill to
the floor today.
Now, of course, ladies and gentlemen of the House, my colleagues, we
all want safe rail, we want safe infrastructure in our Nation, and it
is important that we do everything possible to move safety forward and
to make certain that freight rail, passenger rail, that our crossings,
that those that work and are employed in this great industry are as
safe as possible. And I think that that was the original intent.
Now, let me say that I have an agreement with Mr. Oberstar, Ms. Brown
and Mr. Shuster to support this bill on passage, and I intend to put my
card in the reader and I will vote ``yes.'' That doesn't prohibit me
from talking a little bit about the bill and the genesis of this bill.

{time} 1615

Now, the intent is one thing about this legislation, and I think,
again, it was safety and well-intended. But unfortunately, I think we
started out with a bad bill.
The other side won the election, and there were some presents to be
presented to labor. This doesn't have a red bow on it. But this started
out as something I think that was sort of a gift to labor from the
election. It is nice to approach legislation from that standpoint. But
I think we have been able to take what I consider a very bad bill, that
its intention was to actually codify some of the labor work rules
relating to our rail industry. We have taken that bad legislation, and
we have made it a little bit better. I think we still have a ways to
go.
There are some good things in this. Mr. Oberstar pointed out that we
did take the number one recommendation of the NTSB, the National
Transportation Safety Board. That is the board that does investigate
accidents. It is important that we take from them the best information
they have possible and then translate that into legislative action so
that accident doesn't occur. So, one, we have taken their
recommendation, a positive train separation, and it is part of this
bill. I am complimentary of that.
I think Mr. Graves, the gentleman from Missouri, a member of our
committee and outstanding subcommittee Chair, I am sorry, ranking
member, of the Public Buildings Subcommittee, his crossing
prioritization for changing out dangerous crossings is an excellent
provision. I think also that there is a good provision in this for
acquiring some of the technical equipment. You have to understand, Mr.
Shuster said there are very few accidents. In fact, the latest
statistics that we have, there were 16 employee deaths in 2006. Only
six of the deaths involved train accidents. So it is a very low number.
That is compared to 25 of 33 employee deaths in 1996. So there is
substantial improvement in that regard.
But if you look at some of the factors, and we have the factors that
cause train accidents, you find the human factor is number one. It
accounts for some 35, almost 36 percent of train accidents. This bill
doesn't do enough, really, to deal with the human factors, in my
opinion. Some of that involves training and some other things that we
should be addressing.
The second is track defects. I had a chance, when I was going to
college, I worked 16 hours a day, 7 days a week on the rail to finance
my college education, part of it, and I got to see some of what happens
on the railroads firsthand. Track defects today are very difficult to
detect just by some of the measures that we have, for example, in this
bill.
This bill mandates that we have almost a doubling of track
inspectors. Now, that is a nice gift also to the unions. We will get a
few more union members. But is that what we need when the way to really
detect track defects is with the latest technology and equipment? I did
say the bill has authorization for acquisition of, I think, six
additional track testing pieces of equipment. But if we really want to
do that, we should be spending not just more money on bodies and
inspectors and routine inspections, increasing those, kind of makework;
we should be, first of all, making certain that we have a risk-based
inspection system.
When I become chairman of Aviation, that was one of the things we did
in Aviation, and I gave my blessings to, back in 1991. We have enjoyed
the safest period of aviation safety, passenger aircraft safety, in the
history of our Nation. I believe that is because it is a risk-based
system. Rather than going out on a Monday, we are going to inspect this
piece of equipment and then we schedule that for the next month on
Monday and we go back and we do it and we add inspectors, we look at
where the risks are and that is where we put our resources. It is not
always how much we spend; it is how we spend it and how we apply those
dollars.
Again, I have some questions about the approach in this bill. We do
have an agreement. I am pleased to support this. My hope is that we can
take this bill as we have done working with Mr. Oberstar, Ms. Brown,
Mr. Shuster, and we can craft it into a better piece of legislation as
it goes hopefully through conference, and I will support it.
In closing, there are some questions about the amendments. I will
support the manager's amendment which I agreed to. The other three
Members have asked me, and I say, you pick and choose. Mr. Oberstar and
I did not make the decision on the three other amendments the Rules
Committee brought forth, and you will have to assess them as to their
own merits.
It is important that we take this legislation up. It is important
that we move together in a bipartisan fashion. I have a little bit
different set of priorities, again, on some of the issues that we have
addressed in the legislation. But I have a fond hope that through a
bipartisan future effort we can approve this legislation and continue
to make certain that our rail employees, our rail passengers and those
that cross the railroad tracks in our communities are safe.
Mr. OBERSTAR. Mr. Chairman, I yield myself 15 seconds.
I thank the gentleman for his comments, for his support of the bill.
I am delighted to learn that the gentleman spent so much time on the
railroad going through college. We share that. I worked on the rail
during my years in the iron ore mines. I worked those double-aught
shifts, as well, and I know how hard hours of service are and how
important it is for us to put those limits on.
I now yield 3 minutes to the distinguished gentleman from Colorado
(Mr. Salazar).
Mr. SALAZAR. I thank the gentleman from Minnesota, and I thank

[[Page H11675]]

you for your leadership on this very important bill, and Chairwoman
Brown, as well, for your exceptional leadership.
Mr. Chairman, I rise today in support of H.R. 2095, the Federal
Railroad Safety Improvement Act of 2007, and urge swift passage of the
measure. I believe that this bill addresses many important issues that
have been ignored for far too long. I am grateful to the chairwoman, as
well, for the inclusion of the language that authorizes funding for the
tunnel to be built at the Transportation Technology Center, an
internationally recognized train testing facility that she was able to
tour last year. It is located in Pueblo, Colorado. TTC is used by the
Federal Railroad Administration to conduct significant research and
development on rail safety.
TTC offers 48 miles of railroad track to test rolling stock, track
components, signal and safety devices, track structure and vehicle
performance. It also has several one-of-a-kind laboratory test
facilities used for evaluating vehicle dynamics, structural
characteristics and advanced braking systems. TTC already operates as a
world-class research and test center offering a wide range of
capabilities in railroad and transit research.
For the past 2 years, we have been working to get funding for a
facility for an underground rail station and tunnel at TTC. The tunnel
will add to the center's capabilities and serve as an invaluable
resource as we strive to ensure that our Nation's railroads are safe
and secure against possible terror attacks. Recent events have sadly
demonstrated the vulnerability of underground mass transit systems.
Safety experts have identified a number of technology and training
needs to prevent attacks on tunnels and lessen the consequences of such
attacks. These needs include detection systems, dispersal control and
decontamination techniques.
The distinctive, remote environment of TTC allows such testing and
training activities to be carried out at a secure location, without
disruption to the flow of passenger and rail traffic in and around
urban areas. I applaud Chairman Oberstar, Chairwoman Brown and Mr.
Shuster for recognizing the important role that such a tunnel will play
in rail safety. I believe H.R. 2095 ensures that we remain the world's
safest rail system, and I urge my colleagues to support this bill.
Mr. SHUSTER. Mr. Chairman, I yield 2 minutes to the gentleman from
Louisiana (Mr. Baker).
Mr. BAKER. I thank the ranking member for yielding his time. I
certainly appreciate the good work he has done with Ranking Member Mica
on this important rail safety bill. Of course, Chairwoman Brown and
Chairman Oberstar have been exemplary in working in a bipartisan way to
bring this product to the House floor today, and I certainly hope all
Members will find a way to support this legislation.
Mr. Chairman, I rise today to speak to only one element of the bill
that I had particular interest in, and that is with regard to a new
reporting requirement for the rails to disclose on an annual basis to
the Surface Transportation Board the amount of money spent out of their
capital for improvements to rail, track, locomotives and other related
maintenance which will give us, I believe for the first time, critical
metrics to analyze what they are doing to preserve the safety of our
rail system.
Of course, safety is uppermost in our mind today, but our rail system
is also the heart of our economy. The ability to move goods and
services and people across this great Nation over our rail system is
absolutely essential going forward. We must judge based on their actual
expenditure whether the rails themselves are engaging in appropriate
conduct in spending the necessary funds to make this system safe and
sound.
I have great concerns that in periods of record profitability, Wall
Street analysts have identified these systems as being very
undervalued. In fact, there are indications that some hedge fund
managers are acquiring large blocks of railroad stock and the
consequential reaction has been by the rails to repurchase their own
stock and perhaps divert needed resources from necessary and very
important infrastructure improvements.
I commend the committee leadership for the inclusion of this
important provision, as I think going forward it will enable this
Congress to take actions that are necessary and proper to preserve this
important system.
Mr. OBERSTAR. I would like to inquire of the time remaining on both
sides.
The CHAIRMAN. The gentleman from Minnesota has 12\1/2\ minutes
remaining. The gentleman from Pennsylvania has 14\1/2\ minutes
remaining.
Mr. OBERSTAR. I yield 2 minutes to the distinguished gentlewoman from
California (Mrs. Napolitano).
Mrs. NAPOLITANO. Mr. Chairman, I rise in strong support of H.R. 2095.
I congratulate all my colleagues for this strong bipartisan railroad
safety bill, and I associate myself with the remarks of the gentleman
who just spoke.
It is of utmost importance to my district because over 160 trains
travel through my district daily carrying over 14,000 containers, many
containing hazardous material, carrying $400 billion worth of trade,
most of it for the eastern part of the United States. It is expected to
triple by the year 2020.
We have experienced many derailments in my area. That has caused
great distress not only to my families, to the businesses, the damage,
the economic impact it has had, the threat to the public safety, and
the anxiety caused along that railroad corridor.
This Railroad Safety Improvement Act helps prevent future derailments
by improving track safety, improving grade crossing safety, improving
whistleblower protections, addressing concerns over railroad fatigue,
and ensures enforcement by clarifying the U.S. Attorney General's
authority to bring civil action against the railroads, increasing
penalties, increasing reporting of enforcement actions, and many other
areas that are very, very important.
This bill includes two of my amendments to section 605, creating
strict training standards for railroad inspectors, tough training for
all rail employees who expressed to us their lack of training
curriculum and additional training requirements for railroad inspectors
who have expressed that they need that training.
My amendment creates strong training, testing and skills evaluation
measures, ensures that the train inspectors are able to address
critical safety defects that contribute to derailments and accidents in
a timely basis. I couldn't agree more with the gentleman. We need to
look at new technology that is going to help us get there. But we also
need the support of the railroads.
My second amendment in section 407 authorizes $1.5 million for
operation life safety for a total of $6 million. I certainly want to
show that we all cooperate in this and look forward to having this vote
pass with great success.
Mr. SHUSTER. Mr. Chairman, I yield 4 minutes to the gentleman from
Ohio (Mr. LaTourette), the distinguished former chairman of the Rail
Subcommittee and one of America's experts in the rail industry.
Mr. LaTOURETTE. I thank the gentleman for yielding.
Mr. Chairman, I rise today in support of H.R. 2095, the Federal
Railroad Safety Improvement Act of 2007. A number of the speakers who
will speak on this bill today, when the bill was first introduced I had
some difficulty with some of the provisions, but I want to thank
Chairman Oberstar, Chairwoman Brown, Ranking Member Mica and Ranking
Member Shuster for continuing the great hallmark of the Transportation
and Infrastructure Committee and working through those issues, be it
limbo time, be it Federal preemption, be it a variety of other issues,
and reaching a product that was brought to the floor today that I think
that most, if not all of us, will be supportive of, as well.

{time} 1630

Just a moment about Chairman Oberstar. When the majority changed,
there's more Democrats on the committee than there are Republicans.
They could write their own bill. But that hasn't been the way this
committee has ever worked, and that isn't the way Chairman Oberstar is
running the committee either. He reached out

[[Page H11676]]

to our side of the aisle to talk about these issues, and the result is
that he has brought to the floor a piece of legislation that will
overwhelmingly pass sometime later this evening.
Mr. Chairman, this important legislation will bring industry and
government a long way towards the shared goal of improving rail safety.
Although the number of train accidents decreased last year by almost
500, it is unclear whether that 1-year progress will continue. We are
and we should always be looking for new ways to improve safety, not
only for railroad employees, but for the surrounding communities as
well.
Despite everyone's best intentions, disasters will strike. As the
current Speaker pro tempore is well aware, in January of 2002, a
Canadian Pacific train derailed 31 of its 112 cars in Minot, North
Dakota. Five tank cars carrying anhydrous ammonia, a liquefied
compressed gas, catastrophically ruptured, and a toxic vapor plume
covered the derailment site and surrounding area. More than 11,000
people were impacted, and there was one fatality. More than 300 people
were injured, including two members of the crew. Damages in that event
exceeded $2 million, and more than $8 million has been spent for
environmental cleanup efforts.
Mr. Chairman, just last week in Painesville, Ohio, about a mile from
my district office, a CSX train derailed 30 of its 112 cars. A car
containing ethanol exploded and fire engulfed several cars containing
grain and ethanol. It burned for a number of days. More than 1,000
residents were evacuated, schools were disrupted, and roads, highways
and businesses closed. Fortunately, in our event there were no
injuries, but it was a tremendous disruption in the lives of many
people. The six law enforcement agencies and 24 local fire departments
that responded put in an untold number of overtime hours. Officials are
only now evaluating the environmental fallout as they search for a
cause.
To its credit, CSX Rail has stepped up following this incident. They
are paying for hotel rooms of displaced persons, assisting in a variety
of manners with the recovery and cleanup efforts, and have shown that
they are willing to take responsibility when something goes awry. Our
local responders and CSX worked together and provided a seamless
response in Painesville.
Mr. Chairman, I am also happy to announce that following my
conversation last Friday with Tony Ingram, the chief operating officer
of CSX, the company has offered to work to cover the costs incurred by
our local first responders. I greatly appreciate that and know that
this is going to be a huge relief to cash-strapped communities in my
district whose budget cannot handle the overtime.
While CSX is doing its best to minimize the damage this derailment
has caused, it goes to show that when accidents do happen, this
disruption is enormous. We must do everything that we can to prevent
these types of incidents from occurring. The bill that Mr. Oberstar has
brought forward today before the Congress takes a number of steps in
the right direction. I urge my colleagues to support the bill.
Mr. OBERSTAR. Mr. Chairman, I yield myself 5 seconds.
Mr. Chairman, I express my great sympathy to the gentleman from Ohio
on the tragedy, and for his description of it, and also my appreciation
for his kind words about our work on the committee.
Mr. Chairman, I yield 2 minutes to the distinguished gentleman from
Illinois (Mr. Lipinski), whose district includes the greatest
confluence of rail in the whole country.
Mr. LIPINSKI. Mr. Chairman, I thank the chairman of the committee for
yielding and for all his tireless efforts on behalf of rail safety.
Mr. Chairman, today I rise in strong support of the Federal Railroad
Safety Improvement Act. As the chairman says, I represent part of
Chicago, which is the rail hub of the Nation. I understand just how
important railroad traffic is, railroads are to this country, both
passenger and freight. In all transportation, safety is key.
This bill makes crucial improvements in safety for rail employees,
passengers and all Americans who live, work, travel along rail lines. I
would like to commend Chairman Oberstar, Subcommittee Chairwoman Brown,
Ranking Member Shuster, and Ranking Member Mica for their work on this
bill.
Mr. Chairman, among the other important improvements that come in
this bill, H.R. 2095 works to strengthen the integrity of our Nation's
rail system, encourages the implementation of new technologies, such as
positive train control systems, known as PTC. I am especially pleased
that, at my request, the committee included language in the bill that
provides Federal funding to expedite PTC installation. PTC systems can
drastically reduce collisions, derailments and other accidents, while
at the same time improving efficiency. It's clearly a much-needed
advance.
I also want to speak right now in strong support of the Napolitano
amendment, which broadly ensures Mexican trains entering the U.S.
continue to receive proper brake, mechanical and hazardous material
inspections by highly skilled American personnel.
Mr. Chairman, this bill is essential for continued safety of our
railways. I urge adoption of the Napolitano amendment and passage of
the underlying bill.
Mr. SHUSTER. Mr. Chairman, at this time I have no further speakers,
so I will continue to reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, at this time I yield 2 minutes to the
distinguished gentlewoman from the District of Columbia (Ms. Norton).
Ms. NORTON. Mr. Chairman, I thank the chairman, not only for
yielding, but his extraordinarily hard work in preparing this bill,
along with my good friend, the gentlewoman from Florida, who together
have crafted a bill, working with Mr. Mica and Mr. Shuster, so that
what we have before us is a classic bipartisan bill and one that is
urgently needed.
This is a public transportation bill, and it looks to a part of our
economy upon which we are disproportionately dependent. It also happens
to be a mode of transportation that is relatively clean. I got to
thinking about the importance of this bill, Mr. Chairman, and I could
only think about where we have spent much more time, and that is on air
travel. Yet, we have limited the time that pilots, and, for that
matter, other air personnel can be on duty and certainly in the air.
Rail employees for decades have simply absorbed the burden of
extraordinary numbers of hours away from home, on duty. How have we
escaped some catastrophic accidents that would linger in our minds? I
think it is only because of the courage and the perseverance of rail
personnel, who obviously have worked through fatigue and who have
simply taken on their shoulders most of the hardships. I don't even
want to think about what the cost of family life has been with regards
to children, the cost of being away when there has been an emergency or
death in the family or someone is lingering. I just don't want to think
about that, because when I do, I am reminded about how late this bill
is and how urgent it is.
So I want to thank the chairman, and I want to commend the courage of
rail workers, and especially I want to do so as a member of the
Homeland Security Committee, which is deeply affected as well.
Mr. SHUSTER. Mr. Chairman, I reserve my time.
Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the distinguished
gentlewoman from New York (Mrs. McCarthy).
Mrs. McCARTHY of New York. Mr. Chairman, I would like to thank
Chairman Oberstar, Ranking Member Mica, Chairwoman Brown and Ranking
Member Shuster for their work on this bill.
My district is located in a densely populated area on Long Island,
New York. We have the comfort and convenience of rail transportation to
New York City by the Long Island Railroad. The Long Island Railroad
moves safely through the Fourth Congressional District with the use of
locomotive horns at train crossings.
Although the use of horns at train crossings ensures the safety of
the surrounding communities, horn noise also has a substantial impact
on the quality of life of individuals living in those communities.
For example, in Cedarhurst, New York, there are five train crossings

[[Page H11677]]

within a half mile. Because the crossings are so close together, the
result is a continuous horn blast as the train moves through the
community. The horn noise can be so loud and last so long that
individuals must stop any ongoing conversations for several minutes.
This happens most often during rush hour, but continues approximately
50 times throughout the day. Individuals find it difficult to sleep
through the horn noise, even with the use of earplugs, and are awakened
early in the morning and late in the evening. Also, because my district
is so densely populated, the horn noise bounces off many of the
buildings nearest the railroad and seems to intensify as it moves
through the community.
I support the Federal Railroad Administration and its primary goal of
ensuring the safety of railroads and trains across the country and in
the Fourth Congressional District of New York. I do not and will not
support any measure that will reduce the safety of railroads and trains
coming through my community.
With that in mind, I also understand the effect of locomotive noise
that does interfere with the quality of life. I have received countless
letters and e-mails from my constituents expressing how noise affects
their daily lives.
Due to the impact that locomotive horn noise has on the communities
in my district, I support the language in the manager's amendment that
allows the Secretary to consider the impact of horn noise on the local
community and the unique characteristics of the community that it is
serving in considering applications for waivers or exemptions.
I want to thank Chairman Oberstar for working with me on this issue
and allowing me the time to express my support for his amendment and
the bill.
Mr. SHUSTER. Mr. Chairman, I continue to reserve my time.
Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentleman from
Texas (Mr. Rodriguez).
Mr. RODRIGUEZ. Mr. Chairman, let me take this opportunity first of
all to rise and indicate that I am here on behalf of the Napolitano
amendment. The amendment would prohibit Mexican companies and
inspectors from performing mechanical inspections of trains unless they
meet specific U.S. standards, including rigorous training of
inspectors.
I think that is essential. We have some 10,000 trains that cross the
U.S.-Mexican border through my district alone. We had over four
derailments in 2004. We think this is an amendment that is important
and is critical in order for us to continue to have safety in those
trains.
So I want to encourage the passage of the amendment by Congresswoman
Grace Napolitano that will allow an opportunity for those inspectors to
be well trained and to make sure that they specify U.S. standards
before that occurs.
As I indicated earlier, I represent the longest stretch of the
Mexican border of any Member of Congress, and I think that this is an
area of significance and importance.
Mr. SHUSTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, through this process, we have had some significant
differences, but we were able to work them out and produce a product
that has bipartisan support in the committee. For me, it was a great
experience working with Chairwoman Brown, but especially working with
Chairman Oberstar. At times it was quite daunting to go into
negotiations with somebody who not only knows the current issues of the
rail history, but knows the vast history of the rail industry. So I
made it through the process and learned quite a bit, and I appreciate
the chairman and chairwoman for working with me, and also, of course,
Mr. Mica for giving me the responsibility on this piece of legislation.
Mr. Chairman, I urge my colleagues to support H.R. 2095, the Federal
Rail Safety Improvement Act of 2007.
Mr. Chairman, I yield back the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I again want to express my great appreciation to Ms.
Brown for years of advocacy for rail issues and for her championing of
the rail safety matters, and to thank the distinguished gentleman from
Pennsylvania, who has devoted a great deal of energy and time and
effort to rail from his first day on the committee, asking the
committee to hold a hearing in 2001 in his district on rail maintenance
yard issues and continuation of rail service. It turned out to be a
very enlightening hearing.
He has remained engaged in the issues. As the gentleman said a moment
ago, we did not just throw issues on the table; we rather sat around
the table after the hearings and discussed in detail repeatedly subject
matters, made concessions on each side, adjustments, understanding each
other's concerns, and reached not the ideal of each side, but ideal in
the best public interest. The result is, I believe, a bill that
substantially advances the cause of rail safety.

{time} 1645

I must say in passing that it diminishes the substance of the bill to
say that it is, as the previous speaker did, a gift to rail labor. This
is a gift to all Americans, to all residents of communities that are
home to railroads, to rail makeup yards through which the goods of
America move, through which the coal and the grain and the containers
move. It is safety for them. It is safety for the workers on the
railroads. It is in the best interest of all America. I urge passage of
the bill.
Ms. GIFFORDS. Mr. Chairman, I am pleased to vote today in support of
H.R. 2095, the Federal Railroad Safety Improvement Act of 2007.
This legislation includes important safety improvements that will
positively impact railroad workers and passengers.
H.R. 2095 recognizes that railroad workers have tremendous
responsibilities. Americans rely on them to transport commercial goods
that are critical to our economy and to keep passengers and the public
safe. The bill promotes a safer and healthier work environment and
requires railroad companies to devise and implement fatigue management
plans.
Additionally, this bill will ensure that railroad employees who
handle hazardous waste moving through our communities are properly
rested and alert.
I am pleased that concerns about the safety of locomotive engineers
are reflected in H.R. 2095 which calls for a formal study of locomotive
cab design. This study will take into account the health effects of
locomotive seats, diesel-fume inhalation for lead and trailing
locomotives, and other cab working conditions.
H.R 2095 also includes protections for whistle-blowers who report
unsafe conditions and personal injuries.
I thank Chairman Oberstar for bringing this legislation forward and
ask my colleagues to join rite in voting for its passage.
Mr. OBERSTAR. I yield back the balance of my time.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the amendment in the nature of a substitute
printed in the bill shall be considered as an original bill for the
purpose of amendment under the 5-minute rule and shall be considered
read.
The text of the committee amendment is as follows:

H.R. 2095

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Federal
Railroad Safety Improvement Act of 2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

TITLE I--FEDERAL RAILROAD SAFETY ADMINISTRATION

Sec. 101. Establishment of Federal Railroad Safety Administration.
Sec. 102. Railroad safety strategy.
Sec. 103. Reports.
Sec. 104. Rulemaking process.
Sec. 105. Authorization of appropriations.

TITLE II--EMPLOYEE FATIGUE

Sec. 201. Hours of service reform.
Sec. 202. Employee sleeping quarters.
Sec. 203. Fatigue management plans.
Sec. 204. Regulatory authority.
Sec. 205. Conforming amendment.

TITLE III--PROTECTION OF EMPLOYEES AND WITNESSES

Sec. 301. Employee protections.

TITLE IV--GRADE CROSSINGS

Sec. 401. Toll-free number to report grade crossing problems.
Sec. 402. Roadway user sight distance at highway-rail grade crossings.
Sec. 403. Grade crossing signal violations.
Sec. 404. National crossing inventory.
Sec. 405. Accident and incident reporting.
Sec. 406. Authority to buy promotional items to improve railroad
crossing safety and prevent railroad trespass.

[[Page H11678]]

Sec. 407. Operation Lifesaver.
Sec. 408. State action plan.
Sec. 409. Fostering introduction of new technology to improve safety at
highway-rail grade crossings.

TITLE V--ENFORCEMENT

Sec. 501. Enforcement.
Sec. 502. Civil penalties.
Sec. 503. Criminal penalties.
Sec. 504. Expansion of emergency order authority.
Sec. 505. Enforcement transparency.
Sec. 506. Interfering with or hampering safety investigations.
Sec. 507. Railroad radio monitoring authority.
Sec. 508. Inspector staffing.

TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Positive train control systems.
Sec. 602. Warning in nonsignaled territory.
Sec. 603. Track safety.
Sec. 604. Certification of conductors.
Sec. 605. Minimum training standards.
Sec. 606. Prompt medical attention.
Sec. 607. Emergency escape breathing apparatus.
Sec. 608. Locomotive cab environment.
Sec. 609. Tunnel information.
Sec. 610. Railroad police.
Sec. 611. Museum locomotive study.
Sec. 612. Certification of carmen.
Sec. 613. Train control systems deployment grants.
Sec. 614. Infrastructure safety investment reports.
Sec. 615. Emergency grade crossing safety improvements.
Sec. 616. Clarifications regarding State law causes of action.

TITLE VII--RAIL PASSENGER DISASTER FAMILY ASSISTANCE

Sec. 701. Short title.
Sec. 702. Assistance by National Transportation Safety Board to
families of passengers involved in rail passenger
accidents.
Sec. 703. Rail passenger carrier plans to address needs of families of
passengers involved in rail passenger accidents.
Sec. 704. Establishment of task force.

SEC. 2. DEFINITIONS.

For purposes of this Act, the terms ``railroad'' and
``railroad carrier'' have the meaning given those terms in
section 20102 of title 49, United States Code.

TITLE I--FEDERAL RAILROAD SAFETY ADMINISTRATION

SEC. 101. ESTABLISHMENT OF FEDERAL RAILROAD SAFETY
ADMINISTRATION.

(a) Amendment.--Section 103 of title 49, United States
Code, is amended to read as follows:

``Sec. 103. Federal Railroad Safety Administration

``(a) In General.--The Federal Railroad Safety
Administration (in this section referred to as the
`Administration') shall be an administration in the
Department of Transportation. To carry out all railroad
safety laws of the United States, the Administration shall be
divided on a geographical basis into at least 8 safety
offices. The Secretary of Transportation shall be responsible
for enforcing those laws and for ensuring that those laws are
uniformly administered and enforced among the safety offices.
``(b) Safety as Highest Priority.--In carrying out its
duties, the Administration shall consider the assignment and
maintenance of safety as the highest priority, recognizing
the clear intent, encouragement, and dedication of Congress
to the furtherance of the highest degree of safety in
railroad transportation.
``(c) Administrator.--The head of the Administration shall
be the Administrator who shall be appointed by the President,
by and with the advice and consent of the Senate, and shall
be an individual with professional experience in railroad
safety, hazardous materials safety, or other transportation
safety. The Administrator shall report directly to the
Secretary of Transportation.
``(d) Deputy Administrator.--The Administration shall have
a Deputy Administrator who shall be appointed by the
Secretary. The Deputy Administrator shall carry out duties
and powers prescribed by the Administrator.
``(e) Chief Safety Officer.--The Administration shall have
an Associate Administrator for Railroad Safety appointed in
the competitive service by the Secretary. The Associate
Administrator shall be the Chief Safety Officer of the
Administration. The Associate Administrator shall carry out
the duties and powers prescribed by the Administrator.
``(f) Duties and Powers of the Administrator.--The
Administrator shall carry out--
``(1) duties and powers related to railroad safety vested
in the Secretary by section 20134(c) and chapters 203 through
211 of this title, and by chapter 213 of this title for
carrying out chapters 203 through 211; and
``(2) other duties and powers prescribed by the Secretary.
``(g) Limitation.--A duty or power specified in subsection
(f)(1) may be transferred to another part of the Department
of Transportation or another Federal Government entity only
when specifically provided by law. A decision of the
Administrator in carrying out the duties or powers of the
Administration and involving notice and hearing required by
law is administratively final.
``(h) Authorities.--Subject to the provisions of subtitle I
of title 40 and title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.),
the Secretary of Transportation may make, enter into, and
perform such contracts, grants, leases, cooperative
agreements, and other similar transactions with Federal or
other public agencies (including State and local governments)
and private organizations and persons, and make such
payments, by way of advance or reimbursement, as the
Secretary may determine to be necessary or appropriate to
carry out functions at the Administration. The authority of
the Secretary granted by this subsection shall be carried out
by the Administrator. Notwithstanding any other provision of
this chapter, no authority to enter into contracts or to make
payments under this subsection shall be effective, except as
provided for in appropriations Acts.''.
(b) References and Conforming Amendments.--(1) All
references in Federal law to the Federal Railroad
Administration shall be deemed to be references to the
Federal Railroad Safety Administration.
(2) The item relating to section 103 in the table of
sections of chapter 1 of title 49, United States Code, is
amended to read as follows:

``103. Federal Railroad Safety Administration.''.

SEC. 102. RAILROAD SAFETY STRATEGY.

(a) Safety Goals.--In conjunction with existing federally
required strategic planning efforts, the Secretary of
Transportation shall develop a long-term strategy for
improving railroad safety. The strategy shall include an
annual plan and schedule for achieving, at a minimum, the
following goals:
(1) Reducing the number and rates of accidents, injuries,
and fatalities involving railroads.
(2) Improving the consistency and effectiveness of
enforcement and compliance programs.
(3) Identifying and targeting enforcement at, and safety
improvements to, high-risk highway-rail grade crossings.
(4) Improving research efforts to enhance and promote
railroad safety and performance.
(b) Resource Needs.--The strategy and annual plans shall
include estimates of the funds and staff resources needed to
accomplish each activity. Such estimates shall also include
the staff skills and training needed for timely and effective
accomplishment of each goal.
(c) Submission With the President's Budget.--The Secretary
of Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the strategy and annual plan at
the same time as the President's budget submission.
(d) Achievement of Goals.--
(1) Progress assessment.--No less frequently than
semiannually, the Secretary of Transportation and the
Administrator of the Federal Railroad Safety Administration
shall assess the progress of the Administration toward
achieving the strategic goals described in subsection (a).
The Secretary and the Administrator shall convey their
assessment to the employees of the Federal Railroad Safety
Administration and shall identify any deficiencies that
should be remediated before the next progress assessment.
(2) Report to congress.--The Secretary shall transmit a
report annually to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the performance of the Federal Railroad Safety
Administration relative to the goals of the railroad safety
strategy and annual plans under subsection (a).

SEC. 103. REPORTS.

(a) Reports by the Inspector General.--Not later than 30
days after the date of enactment of this Act, the Inspector
General of the Department of Transportation shall submit to
the Secretary of Transportation and the Administrator of the
Federal Railroad Safety Administration a report containing
the following:
(1) A list of each statutory mandate regarding railroad
safety that has not been implemented.
(2) A list of each open safety recommendation made by the
National Transportation Safety Board or the Inspector General
regarding railroad safety.
(b) Reports by the Secretary.--
(1) Statutory mandates.--Not later than 90 days after the
date of enactment of this Act, and every 180 days thereafter
until each of the mandates referred to in subsection (a)(1)
has been implemented, the Secretary of Transportation shall
transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the specific actions taken to implement
such mandates.
(2) NTSB and inspector general recommendations.--Not later
than January 1st of each year, the Secretary of
Transportation shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing each
recommendation referred to in subsection (a)(2), a copy of
the Department of Transportation response to each such
recommendation, and a progress report on implementing each
such recommendation.

SEC. 104. RULEMAKING PROCESS.

(a) Amendment.--Subchapter I of chapter 201 of title 49,
United States Code, is amended by inserting after section
20115 the following new section:

``Sec. 20116. Rulemaking process

``No rule or order issued by the Secretary under this part
shall be effective if it incorporates by reference a code,
rule, standard, requirement, or practice issued by an
association or other entity that is not an agency of the
Federal Government, unless that reference is to a particular
code, rule, standard, requirement, or practice adopted before
the date on which the rule is issued by the Secretary, and
unless the date on which the code, rule, standard,
requirement, or practice was adopted is specifically cited in
the rule.''.

[[Page H11679]]

(b) Table of Sections Amendment.--The table of sections of
subchapter I of chapter 201 of title 49, United States Code,
is amended by adding after the item relating to section 20115
the following new item:

``20116. Rulemaking process.''.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

Section 20117(a) of title 49, United States Code, is
amended to read as follows:
``(a) In General.--(1) There are authorized to be
appropriated to the Secretary of Transportation to carry out
this part and to carry out responsibilities under chapter 51
as delegated or authorized by the Secretary--
``(A) $230,000,000 for fiscal year 2008;
``(B) $260,000,000 for fiscal year 2009;
``(C) $295,000,000 for fiscal year 2010; and
``(D) $335,000,000 for fiscal year 2011.
``(2) With amounts appropriated pursuant to paragraph (1),
the Secretary shall purchase 6 Gage Restraint Measurement
System vehicles and 5 track geometry vehicles to enable the
deployment of 1 Gage Restraint Measurement System vehicle and
1 track geometry vehicle in each region.
``(3) There are authorized to be appropriated to the
Secretary $18,000,000 for the period encompassing fiscal
years 2008 through 2011 to design, develop, and construct the
Facility for Underground Rail Station and Tunnel at the
Transportation Technology Center in Pueblo, Colorado. The
facility shall be used to test and evaluate the
vulnerabilities of above-ground and underground rail tunnels
to prevent accidents and incidents in such tunnels, to
mitigate and remediate the consequences of any such accidents
or incidents, and to provide a realistic scenario for
training emergency responders.
``(4) Such sums as may be necessary from the amount
appropriated pursuant to paragraph (1) for each of the fiscal
years 2008 through 2011 shall be made available to the
Secretary for personnel in regional offices and in
Washington, D.C., whose duties primarily involve rail
security.''.

TITLE II--EMPLOYEE FATIGUE

SEC. 201. HOURS OF SERVICE REFORM.

(a) Definitions.--Section 21101(4) of title 49, United
States Code, is amended by striking ``employed by a railroad
carrier''.
(b) Limitation on Duty Hours of Signal Employees.--Section
21104 of title 49, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) General.--Except as provided in subsection (c) of
this section, a railroad carrier and its officers and agents
may not require or allow a signal employee, and a railroad
contractor and its officers and agents may not require or
allow a signal employee, to remain or go on duty--
``(1) unless that employee has had at least 10 consecutive
hours off duty during the prior 24 hours;
``(2) for a period in excess of 12 consecutive hours; or
``(3) unless that employee has had at least one period of
at least 24 consecutive hours off duty in the past 7
consecutive days.
The Secretary may waive paragraph (3) if a collective
bargaining agreement provides a different arrangement and
such arrangement provides an equivalent level of safety.'';
(2) in subsection (b)(3) by striking ``, except that up to
one hour of that time spent returning from the final trouble
call of a period of continuous or broken service is time off
duty'';
(3) in subsection (c)--
(A) by inserting ``for not more than 3 days during a period
of 7 consecutive days'' after ``24 consecutive hours''; and
(B) by adding at the end the following: ``A signal employee
may not be allowed to remain or go on duty under the
emergency authority provided under this subsection to conduct
routine repairs, routine maintenance, or routine inspection
of signal systems.'';
(4) by adding at the end the following new subsections:
``(d) Communication During Time Off Duty.--During a signal
employee's minimum off-duty period of 10 consecutive hours,
as provided under subsection (a), a railroad carrier, and its
managers, supervisors, officers, and agents, shall not
communicate with the signal employee by telephone, by pager,
or in any other manner that could disrupt the employee's
rest. Nothing in this subsection shall prohibit communication
necessary to notify an employee of an emergency situation
posing potential risks to the employee's safety or health.
``(e) Exclusivity.--The hours of service, duty hours, and
rest periods of signal employees shall be governed
exclusively by this chapter. Signal employees operating motor
vehicles shall not be subject to any hours of service rules,
duty hours, or rest period rules promulgated by any Federal
authority, including the Federal Motor Carrier Safety
Administration, other than the Federal Railroad Safety
Administration.''.
(c) Limitation on Duty Hours of Train Employees.--Section
21103 of title 49, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) General.--Except as provided in subsection (c) of
this section, a railroad carrier and its officers and agents
may not require or allow a train employee to remain or go on
duty--
``(1) unless that employee has had at least 10 consecutive
hours off duty during the prior 24 hours;
``(2) for a period in excess of 12 consecutive hours; or
``(3) unless that employee has had at least one period of
at least 24 consecutive hours off duty in the past 7
consecutive days.
The Secretary may waive paragraph (3) if a collective
bargaining agreement provides a different arrangement and
such arrangement provides an equivalent level of safety.'';
(2) by amending subsection (b)(4) to read as follows:
``(4)(A)(i) Except as provided in clauses (ii) and (iii),
time spent in deadhead transportation to a duty assignment,
time spent waiting for deadhead transportation, and time
spent in deadhead transportation from a duty assignment to a
place of final release is time on duty.
``(ii) Time spent waiting for deadhead transportation and
time spent in deadhead transportation from a duty assignment
to a place of final release is neither time on duty nor time
off duty in situations involving delays in the operations of
the railroad carrier, when the delays were caused by any of
the following:
``(I) A casualty.
``(II) An accident.
``(III) A track obstruction.
``(IV) An act of God.
``(V) A weather event causing a delay.
``(VI) A snowstorm.
``(VII) A landslide.
``(VIII) A track or bridge washout.
``(IX) A derailment.
``(X) A major equipment failure which prevents a train from
advancing.
``(XI) Other delay from a cause unknown or unforeseeable to
a railroad carrier and its officers and agents in charge of
the employee when the employee left a designated terminal.
``(iii) In addition to any time qualifying as neither on
duty nor off duty under clause (ii), at the election of the
railroad carrier, time spent waiting for deadhead
transportation and time spent in deadhead transportation to
the place of final release may be treated as neither time on
duty nor time off duty, subject to the following limitations:
``(I) Not more than 40 hours a month may be elected by the
railroad carrier, for an employee, during the period from the
date of enactment of the Federal Railroad Safety Improvement
Act of 2007 to one year after such date of enactment.
``(II) Not more than 30 hours a month may be elected by the
railroad carrier, for an employee, during the period
beginning one year after the date of enactment of the Federal
Railroad Safety Improvement Act of 2007 and ending two years
after such date of enactment.
``(III) Not more than 10 hours a month may be elected by
the railroad carrier, for an employee, during the period
beginning two years after the date of enactment of the
Federal Railroad Safety Improvement Act of 2007.
``(B) Each railroad carrier shall report to the Secretary
of Transportation, in accordance with procedures contained in
49 CFR 228.19, each instance within 30 days after the
calendar month in which the instance occurs that a member of
a train or engine crew or other employee engaged in or
connected with the movement of any train, including a
hostler, exceeds 12 consecutive hours, including--
``(i) time on duty; and
``(ii) time spent waiting for deadhead transportation and
the time spent in deadhead transportation from a duty
assignment to the place of final release, that is not time on
duty.
``(C) If--
``(i) the time spent waiting for deadhead transportation,
and the time spent in deadhead transportation from a duty
assignment to the place of final release, that is not time on
duty; plus
``(ii) the time on duty,
exceeds 12 consecutive hours, the railroad carrier and its
officers and agents shall provide the train employee with
additional time off duty equal to the number of hours that
such sum exceeds 12 hours.''; and
(3) by adding at the end the following new subsection:
``(d) Communication During Time Off Duty.--During a train
employee's minimum off-duty period of 10 consecutive hours,
as provided under subsection (a), or during an interim period
of at least 4 consecutive hours available for rest under
subsection (b)(7), a railroad carrier, and its managers,
supervisors, officers, and agents, shall not communicate with
the train employee by telephone, by pager, or in any other
manner that could disrupt the employee's rest. Nothing in
this subsection shall prohibit communication necessary to
notify an employee of an emergency situation posing potential
risks to the employee's safety or health.''.

SEC. 202. EMPLOYEE SLEEPING QUARTERS.

Section 21106 of title 49, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``A railroad
carrier''; and
(2) by adding at the end the following new subsection:
``(b) Camp Cars.--Effective 12 months after the date of
enactment of this subsection, a railroad carrier and its
officers and agents may not provide sleeping quarters through
the use of camp cars, as defined in Appendix C to part 228 of
title 49 of the Code of Federal Regulations, for employees
and any individuals employed to maintain the right of way of
a railroad carrier.''.

SEC. 203. FATIGUE MANAGEMENT PLANS.

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

``Sec. 21109. Fatigue management plans

``(a) Plan Submission.--
``(1) Requirement.--Each railroad carrier shall submit to
the Secretary of Transportation, and update at least once
every 2 years, a fatigue management plan that is designed to
reduce the fatigue experienced by railroad employees and to
reduce the likelihood of accidents and injuries caused by
fatigue. The plan shall address the safety effects of fatigue
on all employees performing safety sensitive functions,
including employees not covered by this chapter. The plan
shall be submitted not later than 1 year after the date of
the enactment of this section, or not later than 45 days
prior to commencing operations, whichever is later.

[[Page H11680]]

``(2) Contents of plan.--The fatigue management plan
shall--
``(A) identify and prioritize all situations that pose a
risk for safety that may be affected by fatigue;
``(B) include the railroad carrier's--
``(i) rationale for including and not including each
element described in subsection (b)(2) in the plan;
``(ii) analysis supporting each element included in the
plan; and
``(iii) explanations for how each element in the plan will
reduce the risk associated with fatigue;
``(C) describe how every condition on the railroad
carrier's property, and every type of employee, that is
likely to be affected by fatigue is addressed in the plan;
and
``(D) include the name, title, address, and telephone
number of the primary person to be contacted with regard to
review of the plan.
``(3) Approval.--(A) The Secretary shall review each
proposed plan and approve or disapprove such plan based on
whether the requirements of this section are sufficiently and
appropriately addressed and the proposals are adequately
justified in the plan.
``(B) If the proposed plan is not approved, the Secretary
shall notify the affected railroad carrier as to the specific
points in which the proposed plan is deficient, and the
railroad carrier shall correct all deficiencies within 30
days following receipt of written notice from the Secretary.
If a railroad carrier does not submit a plan (or, when
directed by the Secretary, an amended plan), or if a railroad
carrier's amended plan is not approved by the Secretary, the
Secretary shall prescribe a fatigue management plan for the
railroad carrier.
``(4) Employee participation.--(A) Each affected railroad
carrier shall consult with, and employ good faith and use its
best efforts to reach agreement by consensus with, all of its
directly affected employee groups on the contents of the
fatigue management plan, and, except as provided in
subparagraph (C), shall jointly with such groups submit the
plan to the Secretary.
``(B) In the event that labor organizations represent
classes or crafts of directly affected employees of the
railroad carrier, the railroad carrier shall consult with
these organizations in drafting the plan. The Secretary may
provide technical assistance and guidance to such parties in
the drafting of the plan.
``(C) If the railroad carrier and its directly affected
employees (including any labor organization representing a
class or craft of directly affected employees of the railroad
carrier) cannot reach consensus on the proposed contents of
the plan, then--
``(i) the railroad carrier shall file the plan with the
Secretary; and
``(ii) directly affected employees and labor organizations
representing a class or craft of directly affected employees
may, at their option, file a statement with the Secretary
explaining their views on the plan on which consensus was not
reached.
``(b) Elements of the Fatigue Management Plan.--
``(1) Consideration of varying circumstances.--Each plan
filed with the Secretary under the procedures of subsection
(a) shall take into account the varying circumstances of
operations by the railroad carrier on different parts of its
system, and shall prescribe appropriate fatigue
countermeasures to address those varying circumstances.
``(2) Issues affecting all employees performing safety
sensitive functions.--The railroad carrier shall consider the
need to include in its fatigue management plan elements
addressing each of the following issues:
``(A) Education and training on the physiological and human
factors that affect fatigue, as well as strategies to counter
fatigue, based on current and evolving scientific and medical
research and literature.
``(B) Opportunities for identification, diagnosis, and
treatment of any medical condition that may affect alertness
or fatigue, including sleep disorders.
``(C) Effects on employee fatigue of emergency response
involving both short-term emergency situations, including
derailments, and long-term emergency situations, including
natural disasters.
``(D) Scheduling practices involving train lineups and
calling times, including work/rest cycles for shift workers
and on-call employees that permit employees to compensate for
cumulative sleep loss by guaranteeing a minimum number of
consecutive days off (exclusive of time off due to illness or
injury).
``(E) Minimizing the incidence of fatigue that occurs as a
result of working at times when the natural circadian rhythm
increases fatigue.
``(F) Alertness strategies, such as policies on napping, to
address acute sleepiness and fatigue while an employee is on
duty.
``(G) Opportunities to obtain restful sleep at lodging
facilities, including sleeping quarters provided by the
railroad carrier.
``(H) In connection with the scheduling of a duty call,
increasing the number of consecutive hours of rest off duty,
during which an employee receives no communication from the
employing railroad carrier or its managers, supervisors,
officers, or agents.
``(I) Avoiding abrupt changes in rest cycles for employees
returning to duty after an extended absence due to
circumstances such as illness or injury.
``(J) Additional elements as the Secretary considers
appropriate.
``(c) Compliance and Enforcement.--
``(1) Compliance requirement.--Effective upon approval or
prescription of a fatigue management plan, compliance with
that fatigue management plan becomes mandatory and
enforceable by the Secretary.
``(2) Effective date.--A fatigue management plan may
include effective dates later than the date of approval of
the plan, and may include different effective dates for
different parts of the plan.
``(3) Audits.--To enforce this section, the Secretary may
conduct inspections and periodic audits of a railroad
carrier's compliance with its fatigue management plan.
``(d) Definition.--For purposes of this section the term
`directly affected employees' means employees, including
employees of an independent contractor or subcontractor, to
whose hours of service the terms of a fatigue management plan
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:

``21109. Fatigue management plans.''.

SEC. 204. REGULATORY AUTHORITY.

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

``Sec. 21110. Regulatory authority

``The Secretary of Transportation may by regulation--
``(1) reduce the maximum hours an employee may be required
or allowed to go or remain on duty to a level less than the
level established under this chapter, based on scientific and
medical research; or
``(2) increase the minimum hours an employee may be
required or allowed to rest to a level greater than the level
established under this chapter, based on scientific and
medical research.''.
(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:

``21110. Regulatory authority.''.

SEC. 205. CONFORMING AMENDMENT.

Section 21303(c) of title 49, United States Code, is
amended by striking ``officers and agents'' and inserting
``managers, supervisors, officers, and agents''.

TITLE III--PROTECTION OF EMPLOYEES AND WITNESSES

SEC. 301. EMPLOYEE PROTECTIONS.

Section 20109 of title 49, United States Code, is amended
to read as follows:

``Sec. 20109. Employee protections

``(a) Protected Actions.--A railroad carrier engaged in
interstate or foreign commerce, and an officer or employee of
such a railroad carrier, shall not by threat, intimidation,
or otherwise attempt to prevent an employee from, or
discharge, discipline, or in any way discriminate against an
employee for--
``(1) filing a complaint or bringing or causing to be
brought a proceeding related to the enforcement of this part
or, as applicable to railroad safety, chapter 51 or 57 of
this title;
``(2) testifying in a proceeding described in paragraph
(1);
``(3) notifying, or attempting to notify, the railroad
carrier or the Secretary of Transportation of a work-related
personal injury or work-related illness of an employee;
``(4) cooperating with a safety investigation by the
Secretary of Transportation or the National Transportation
Safety Board;
``(5) furnishing information to the Secretary of
Transportation, the National Transportation Safety Board, or
any other public official as to the facts relating to any
accident or incident resulting in injury or death to an
individual or damage to property occurring in connection with
railroad transportation; or
``(6) accurately reporting hours of duty pursuant to
chapter 211.
``(b) Hazardous Conditions.--(1) A railroad carrier engaged
in interstate or foreign commerce, and an officer or employee
of such a railroad carrier, shall not by threat,
intimidation, or otherwise attempt to prevent an employee
from, or discharge, discipline, or in any way discriminate
against an employee for--
``(A) reporting a hazardous condition;
``(B) refusing to work when confronted by a hazardous
condition related to the performance of the employee's
duties, if the conditions described in paragraph (2) exist;
or
``(C) refusing to authorize the use of any safety-related
equipment, track, or structures, if the employee is
responsible for the inspection or repair of the equipment,
track, or structures, when the employee believes that the
equipment, track, or structures are in a hazardous condition,
if the conditions described in paragraph (2) exist.
``(2) A refusal is protected under paragraph (1)(B) and (C)
if--
``(A) the refusal is made in good faith and no reasonable
alternative to the refusal is available to the employee;
``(B) the employee reasonably concludes that--
``(i) the hazardous condition presents an imminent danger
of death or serious injury; and
``(ii) the urgency of the situation does not allow
sufficient time to eliminate the danger without such refusal;
and
``(C) the employee, where possible, has notified the
carrier of the existence of the hazardous condition and the
intention not to perform further work, or not to authorize
the use of the hazardous equipment, track, or structures,
unless the condition is corrected immediately or the
equipment, track, or structures are repaired properly or
replaced.
``(3) This subsection does not apply to security personnel
employed by a railroad carrier to protect individuals and
property transported by railroad.
``(c) Enforcement Action.--
``(1) In general.--An employee who alleges discharge or
other discrimination by any person

[[Page H11681]]

in violation of subsection (a) may seek relief in accordance
with the provisions of this section, with any petition or
other request for relief under this section to be initiated
by filing a complaint with the Secretary of Labor.
``(2) Procedure.--
``(A) In general.--An action under this section shall be
governed under the rules and procedures set forth in section
42121(b).
``(B) Exception.--Notification made under section
42121(b)(1) shall be made to the person named in the
complaint and to the person's employer.
``(C) Burdens of proof.--An action brought under this
section shall be governed by the legal burdens of proof set
forth in section 42121(b).
``(D) Statute of limitations.--An action under this section
shall be commenced not later than 1 year after the date on
which the violation occurs.
``(3) De novo review.--If the Secretary of Labor has not
issued a final decision within 180 days after the filing of
the complaint (or, in the event that a final order or
decision is issued by the Secretary of Labor, whether within
the 180-day period or thereafter, then, not later than 90
days after such an order or decision is issued), the employee
may bring an original action at law or equity for de novo
review in the appropriate district court of the United
States, which shall have jurisdiction over such an action
without regard to the amount in controversy, and which action
shall, at the request of either party to such action, be
tried by the court with a jury.
``(d) Remedies.--
``(1) In general.--An employee prevailing in any action
under this section shall be entitled to all relief necessary
to make the covered individual whole.
``(2) Damages.--Relief in an action under this section
shall include--
``(A) reinstatement with the same seniority status that the
covered individual would have had, but for the
discrimination;
``(B) the amount of any back pay, with interest; and
``(C) compensation for any special damages sustained as a
result of the discrimination, including litigation costs,
expert witness fees, and reasonable attorney fees.
``(3) Possible relief.--Relief may also include punitive
damages in an amount not to exceed 10 times the amount of any
compensatory damages awarded under this section.
``(e) Criminal Penalties.--
``(1) In general.--It shall be unlawful for any railroad
carrier to commit an act prohibited by subsection (a). Any
person who willfully violates this section by terminating or
retaliating against any such covered individual who makes a
claim under this section shall be fined under title 18,
United States Code, imprisoned not more than 1 year, or both.
``(2) Reporting requirement.--
``(A) In general.--The Attorney General shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate an annual report on the
enforcement of paragraph (1).
``(B) Contents.--Each such report shall--
``(i) identify each case in which formal charges under
paragraph (1) were brought;
``(ii) describe the status or disposition of each such
case; and
``(iii) in any actions under subsection (c)(1) in which the
employee was the prevailing party or the substantially
prevailing party, indicate whether or not any formal charges
under paragraph (1) of this subsection have been brought and,
if not, the reasons therefor.
``(f) No Preemption.--Nothing in this section preempts or
diminishes any other safeguards against discrimination,
demotion, discharge, suspension, threats, harassment,
reprimand, retaliation, or any other manner of discrimination
provided by Federal or State law.
``(g) Rights Retained by Covered Individual.--Nothing in
this section shall be deemed to diminish the rights,
privileges, or remedies of any covered individual under any
Federal or State law or under any collective bargaining
agreement. The rights and remedies in this section may not be
waived by any agreement, policy, form, or condition of
employment.''.

TITLE IV--GRADE CROSSINGS

SEC. 401. TOLL-FREE NUMBER TO REPORT GRADE CROSSING PROBLEMS.

Section 20152 of title 49, United States Code, is amended
to read as follows:

``Sec. 20152. Emergency notification of grade crossing
problems

``Not later than 18 months after the date of enactment of
the Federal Railroad Safety Improvement Act of 2007, the
Secretary of Transportation shall require each railroad
carrier to--
``(1) establish and maintain a toll-free telephone service,
for rights-of-way over which it dispatches trains, to
directly receive calls reporting--
``(A) malfunctions of signals, crossing gates, and other
devices to promote safety at the grade crossing of railroad
tracks on those rights-of-way and public or private roads;
and
``(B) disabled vehicles blocking railroad tracks at such
grade crossings;
``(2) upon receiving a report of a malfunction or disabled
vehicle pursuant to paragraph (1), immediately contact trains
operating near the grade crossing to warn them of the
malfunction or disabled vehicle;
``(3) upon receiving a report of a malfunction or disabled
vehicle pursuant to paragraph (1), and after contacting
trains pursuant to paragraph (2), contact, as necessary,
appropriate public safety officials having jurisdiction over
the grade crossing to provide them with the information
necessary for them to direct traffic, assist in the removal
of the disabled vehicle, or carry out other activities
appropriate to responding to the hazardous circumstance; and
``(4) ensure the placement at each grade crossing on
rights-of-way that it owns of appropriately located signs, on
which shall appear, at a minimum--
``(A) a toll-free telephone number to be used for placing
calls described in paragraph (1) to the railroad carrier
dispatching trains on that right-of-way;
``(B) an explanation of the purpose of that toll-free
number as described in paragraph (1); and
``(C) the grade crossing number assigned for that crossing
by the National Highway-Rail Crossing Inventory established
by the Department of Transportation.
The Secretary of Transportation shall implement this section
through appropriate regulations.''.

SEC. 402. ROADWAY USER SIGHT DISTANCE AT HIGHWAY-RAIL GRADE
CROSSINGS.

(a) In General.--Subchapter II of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following new section:

``Sec. 20156. Roadway user sight distance at highway-rail
grade crossings

``(a) In General.--Not later than 18 months after the date
of enactment of the Federal Railroad Safety Improvement Act
of 2007, the Secretary of Transportation shall prescribe
regulations that require each railroad carrier to remove from
its rights-of-way at all public highway-rail grade crossings,
and at all private highway-rail grade crossings open to
unrestricted public access (as declared in writing by the
holder of the crossing right), grass, brush, shrubbery,
trees, and other vegetation which may obstruct the view of a
pedestrian or a vehicle operator for a reasonable distance in
either direction of the train's approach, and to maintain its
rights-of-way at all such crossings free of such vegetation.
In prescribing the regulations, the Secretary shall take into
consideration to the extent practicable--
``(1) the type of warning device or warning devices
installed at the crossing;
``(2) factors affecting the timeliness and effectiveness of
roadway user decisionmaking, including the maximum allowable
roadway speed, maximum authorized train speed, angle of
intersection, and topography;
``(3) the presence or absence of other sight distance
obstructions off the railroad right-of-way; and
``(4) any other factors affecting safety at such crossings.
``(b) Protected Vegetation.--In promulgating regulations
pursuant to this section, the Secretary may make allowance
for preservation of trees and other ornamental or protective
growth where State or local law or policy would otherwise
protect the vegetation from removal and where the roadway
authority or private crossing holder is notified of the sight
distance obstruction and, within a reasonable period
specified by the regulation, takes appropriate temporary and
permanent action to abate the hazard to roadway users (such
as by closing the crossing, posting supplementary signage,
installing active warning devices, lowering roadway speed, or
installing traffic calming devices).
``(c) No Preemption.--Notwithstanding section 20106,
subsections (a) and (b) of this section do not prohibit a
State from continuing in force, or from enacting, a law,
regulation, or order requiring the removal of obstructive
vegetation from a railroad right-of-way for safety reasons
that is more stringent than the requirements of the
regulations prescribed pursuant to this section.
``(d) Model Legislation.--Not later than 18 months after
the date of enactment of the Federal Railroad Safety
Improvement Act of 2007, the Secretary, after consultation
with the Federal Railroad Safety Administration, the Federal
Highway Administration, and States, shall develop and make
available to States model legislation providing for improving
safety by addressing sight obstructions at highway-rail grade
crossings that are equipped solely with passive warnings,
such as permanent structures, temporary structures, and
standing railroad equipment, as recommended by the Inspector
General of the Department of Transportation in Report No. MH-
2007-044.''.
(b) Conforming Amendment.--The table of sections for such
subchapter II of chapter 201 is amended by inserting after
the item relating to section 20155 the following new item:

``20156. Roadway user sight distance at highway-rail grade
crossings.''.

SEC. 403. GRADE CROSSING SIGNAL VIOLATIONS.

(a) Amendments.--Section 20151 of title 49, United States
Code, is amended--
(1) by amending the section heading to read as follows:

``Sec. 20151. Railroad trespassing, vandalism, and signal
violation prevention strategy'';

(2) in subsection (a)--
(A) by striking ``and vandalism affecting railroad safety''
and inserting in lieu thereof ``, vandalism affecting
railroad safety, and violations of grade crossing signals'';
(B) by inserting ``, concerning trespassing and
vandalism,'' after ``such evaluation and review''; and
(C) by inserting ``The second such evaluation and review,
concerning violations of grade crossing signals, shall be
completed before April 1, 2008.'' after ``November 2,
1994.'';
(3) in the subsection heading of subsection (b), by
inserting ``for Trespassing and Vandalism Prevention'' after
``Outreach Program'';
(4) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(B) by inserting ``(1)'' after ``Model Legislation.--'';
and
(C) by adding at the end the following new paragraph:

[[Page H11682]]

``(2) Within 18 months after the date of enactment of the
Federal Railroad Safety Improvement Act of 2007, the
Secretary, after consultation with State and local
governments, railroad carriers, and rail labor organizations,
shall develop and make available to State and local
governments model State legislation providing for civil or
criminal penalties, or both, for violations of grade crossing
signals.''; and
(5) by adding at the end the following new subsection:
``(d) Definition.--For purposes of this section, the term
`violation of grade crossing signals' includes any action by
a motorist, unless directed by an authorized safety officer--
``(1) to drive around a grade crossing gate in a position
intended to block passage over railroad tracks;
``(2) to drive through a flashing grade crossing signal;
``(3) to drive through a grade crossing with passive
warning signs without ensuring that the grade crossing could
be safely crossed before any train arrived; and
``(4) in the vicinity of a grade crossing, that creates a
hazard of an accident involving injury or property damage at
the grade crossing.''.
(b) Conforming Amendment.--The item relating to section
20151 in the table of sections for subchapter II of chapter
201 of title 49, United States Code, is amended to read as
follows:

``20151. Railroad trespassing, vandalism, and signal violation
prevention strategy.''.

SEC. 404. NATIONAL CROSSING INVENTORY.

(a) In General.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this Act, is further
amended by adding at the end the following new section:

``Sec. 20157. National crossing inventory

``(a) Initial Reporting of Information About Previously
Unreported Crossings.--Not later than 1 year after the date
of enactment of the Federal Railroad Safety Improvement Act
of 2007 or 6 months after a new crossing becomes operational,
whichever occurs later, each railroad carrier shall--
``(1) report to the Secretary of Transportation current
information, including information about warning devices and
signage, as specified by the Secretary, concerning each
previously unreported crossing through which it operates; or
``(2) ensure that the information has been reported to the
Secretary by another railroad carrier that operates through
the crossing.
``(b) Updating of Crossing Information.--(1) On a periodic
basis beginning not later than 3 years after the date of
enactment of the Federal Railroad Safety Improvement Act of
2007 and on or before September 30 of every third year
thereafter, or as otherwise specified by the Secretary, each
railroad carrier shall--
``(A) report to the Secretary current information,
including information about warning devices and signage, as
specified by the Secretary, concerning each crossing through
which it operates; or
``(B) ensure that the information has been reported to the
Secretary by another railroad carrier that operates through
the crossing.
``(2) A railroad carrier that sells a crossing or any part
of a crossing on or after the date of enactment of the
Federal Railroad Safety Improvement Act of 2007 shall, not
later than the date that is 18 months after the date of
enactment of that Act or 3 months after the sale, whichever
occurs later, or as otherwise specified by the Secretary,
report to the Secretary current information, as specified by
the Secretary, concerning the change in ownership of the
crossing or part of the crossing.
``(c) Rulemaking Authority.--The Secretary shall prescribe
the regulations necessary to implement this section. The
Secretary may enforce each provision of the Department of
Transportation's statement of the national highway-rail
crossing inventory policy, procedures, and instruction for
States and railroads that is in effect on the date of
enactment of the Federal Railroad Safety Improvement Act of
2007, until such provision is superseded by a regulation
issued under this section.
``(d) Definitions.--In this section:
``(1) Crossing.--The term `crossing' means a location
within a State, other than a location where one or more
railroad tracks cross one or more railroad tracks either at
grade or grade-separated, where--
``(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways, crosses
one or more railroad tracks either at grade or grade-
separated; or
``(B) a pathway dedicated for the use of nonvehicular
traffic, including pedestrians, bicyclists, and others, that
is not associated with a public highway, road, or street, or
a private roadway, crosses one or more railroad tracks either
at grade or grade-separated.
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, or the Commonwealth of
Puerto Rico.''.
(b) Conforming Amendment.--The table of sections for such
subchapter II of chapter 201 is amended by adding at the end
the following new item:

``20157. National crossing inventory.''.
(c) Reporting and Updating.--Section 130 of title 23,
United States Code, is amended by adding at the end the
following:
``(l) National Crossing Inventory.--
``(1) Initial reporting of crossing information.--Not later
than 1 year after the date of enactment of the Federal
Railroad Safety Improvement Act of 2007 or within 6 months of
a new crossing becoming operational, whichever occurs later,
each State shall report to the Secretary of Transportation
current information, including information about warning
devices and signage, as specified by the Secretary,
concerning each previously unreported crossing located within
its borders.
``(2) Periodic updating of crossing information.--On a
periodic basis beginning not later than 3 years after the
date of enactment of the Federal Railroad Safety Improvement
Act of 2007 and on or before September 30 of every third year
thereafter, or as otherwise specified by the Secretary, each
State shall report to the Secretary current information,
including information about warning devices and signage, as
specified by the Secretary, concerning each crossing located
within its borders.
``(3) Rulemaking authority.--The Secretary shall prescribe
the regulations necessary to implement this subsection. The
Secretary may enforce each provision of the Department of
Transportation's statement of the national highway-rail
crossing inventory policy, procedures, and instructions for
States and railroads that is in effect on the date of
enactment of the Federal Railroad Safety Improvement Act of
2007, until such provision is superseded by a regulation
issued under this subsection.
``(4) Definitions.--In this subsection, the terms
`crossing' and `State' have the meaning given those terms by
section 20157(d)(1) and (2), respectively, of title 49.''.
(d) Civil Penalties.--(1) Section 21301(a)(1) of title 49,
United States Code, is amended--
(A) by inserting ``with section 20157 or'' after ``comply''
in the first sentence; and
(B) by inserting ``section 20157 of this title or'' after
``violating'' in the second sentence.
(2) Section 21301(a)(2) of title 49, United States Code, is
amended by inserting ``The Secretary shall impose a civil
penalty for a violation of section 20157 of this title.''
after the first sentence.

SEC. 405. ACCIDENT AND INCIDENT REPORTING.

The Federal Railroad Safety Administration shall conduct an
audit of each Class I railroad at least once every 2 years
and conduct an audit of each non-Class I railroad at least
once every 5 years to ensure that all grade crossing
collisions and fatalities are reported to the national
accident database.

SEC. 406. AUTHORITY TO BUY PROMOTIONAL ITEMS TO IMPROVE
RAILROAD CROSSING SAFETY AND PREVENT RAILROAD
TRESPASS.

Section 20134(a) of title 49, United States Code, is
amended by adding at the end the following: ``The Secretary
may purchase promotional items of nominal value and
distribute them to the public without charge as part of an
educational or awareness program to accomplish the purposes
of this section and of any other sections of this title
related to improving the safety of highway-rail crossings and
to prevent trespass on railroad rights of way, and the
Secretary shall prescribe guidelines for the administration
of this authority.''.

SEC. 407. OPERATION LIFESAVER.

(a) Grant.--The Federal Railroad Safety Administration
shall make a grant or grants to Operation Lifesaver to carry
out a public information and education program to help
prevent and reduce pedestrian, bicycle, motor vehicle, and
other incidents, injuries, and fatalities, and to improve
awareness along railroad rights-of-way and at highway-rail
grade crossings. This includes development, placement, and
dissemination of Public Service Announcements in newspaper,
radio, television, and other media. It will also include
school presentations, brochures and materials, support for
public awareness campaigns, and related support for the
activities of Operation Lifesaver's member organizations.
(b) Pilot Program.--Funds provided under subsection (a) may
also be used by Operation Lifesaver to implement a pilot
program, to be known as the Railroad Safety Public Awareness
Program, that addresses the need for targeted, sustained
community outreach on the subjects described in subsection
(a). Such pilot program shall be established in States and
communities where risk is greatest, in terms of the number of
crashes and population density near the railroad, including
residences, businesses, and schools. Such pilot program shall
be carried out through grants to Operation Lifesaver for work
with community leaders, school districts, and public and
private partners to identify the communities at greatest
risk, and through development of an implementation plan. An
evaluation component requirement shall be included in the
grant to measure results.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Federal Railroad Safety
Administration for carrying out this section $1,500,000 for
each of the fiscal years 2008 through 2011.

SEC. 408. STATE ACTION PLAN.

(a) In General.--The Secretary shall identify on an annual
basis the top 10 States that have had the most highway-rail
grade crossing collisions over the past year. The Secretary
shall work with each of these States to develop a State Grade
Crossing Action Plan that identifies specific solutions for
improving safety at crossings, particularly at crossings that
have experienced multiple accidents.
(b) Review and Approval.--Not later than 60 days after the
Secretary receives a plan under subsection (a), the Secretary
shall review and approve or disapprove it. If the proposed
plan is not approved, the Secretary shall notify the affected
State as to the specific points in which the proposed plan is
deficient, and the State shall correct all deficiencies
within 30 days following receipt of written notice from the
Secretary.

SEC. 409. FOSTERING INTRODUCTION OF NEW TECHNOLOGY TO IMPROVE
SAFETY AT HIGHWAY-RAIL GRADE CROSSINGS.

(a) Amendment.--Chapter 201 of title 49, United States
Code, as amended by this Act, is further amended by adding at
the end the following:

[[Page H11683]]

``Sec. 20165. Fostering introduction of new technology to
improve safety at highway-rail grade crossings

``(a) Findings.--(1) Collisions between highway users and
trains at highway-rail grade crossings continue to cause an
unacceptable loss of life and serious personal injury and
also threaten the safety of rail transportation.
``(2) While elimination of at-grade crossings through
consolidation of crossings and grade separations offers the
greatest long-term promise for optimizing the safety and
efficiency of the two modes of transportation, over 140,000
public grade crossings remain on the general rail system--
approximately one for each route mile on the general rail
system.
``(3) Conventional highway traffic control devices such as
flashing lights and gates are effective in warning motorists
of a train's approach to an equipped crossing.
``(4) Since enactment of the Highway Safety Act of 1973,
over $4,200,000,000 of Federal funding has been invested in
safety improvements at highway-rail grade crossings, yet a
majority of public highway-rail grade crossings are not yet
equipped with active warning systems.
``(5) The emergence of new technologies supporting
Intelligent Transportation Systems presents opportunities for
more effective and affordable warnings and safer passage of
highway users and trains at remaining highway-rail grade
crossings.
``(6) Implementation of new crossing safety technology will
require extensive cooperation between highway authorities and
railroad carriers.
``(7) Federal Railroad Safety Administration regulations
establishing performance standards for processor-based signal
and train control systems provide a suitable framework for
qualification of new or novel technology at highway-rail
grade crossings, and the Federal Highway Administration's
Manual on Uniform Traffic Control Devices provides an
appropriate means of determining highway user interface with
such new technology.
``(b) Policy.--It is the policy of the United States to
encourage the development of new technology that can prevent
loss of life and injuries at highway-rail grade crossings.
The Secretary of Transportation is designated to carry out
this policy in consultation with States and necessary public
and private entities.''.
(b) Table of Sections Amendment.--The table of sections for
chapter 201 of title 49, United States Code, as amended by
this Act, is further amended by adding at the end the
following new item:

``20165. Fostering introduction of new technology to improve safety at
highway-rail grade crossings.''.

TITLE V--ENFORCEMENT

SEC. 501. ENFORCEMENT.

Section 20112(a) of title 49, United States Code, is
amended--
(1) by inserting ``this part or'' in paragraph (1) after
``enforce,'';
(2) by striking ``21301'' in paragraph (2) and inserting
``21301, 21302, or 21303'';
(3) by striking ``subpena'' in paragraph (3) and inserting
``subpoena, request for admissions, request for production of
documents or other tangible things, or request for testimony
by deposition''; and
(4) by striking ``chapter.'' in paragraph (3) and inserting
``part.''.

SEC. 502. CIVIL PENALTIES.

(a) General Violations of Chapter 201.--Section 21301(a)(2)
of title 49, United States Code, is amended--
(1) by striking ``$10,000'' and inserting ``$25,000''; and
(2) by striking ``$20,000'' and inserting ``$100,000''.
(b) Accident and Incident Violations of Chapter 201;
Violations of Chapters 203 Through 209.--Section 21302(a)(2)
of title 49, United States Code, is amended--
(1) by striking ``$10,000'' and inserting ``$25,000''; and
(2) by striking ``$20,000'' and inserting ``$100,000''.
(c) Violations of Chapter 211.--Section 21303(a)(2) of
title 49, United States Code, is amended--
(1) by striking ``$10,000'' and inserting ``$25,000''; and
(2) by striking ``$20,000'' and inserting ``$100,000''.

SEC. 503. CRIMINAL PENALTIES.

Section 21311(b) of title 49, United States Code, is
amended by striking ``$500'' both places it appears and
inserting ``$2,500''.

SEC. 504. EXPANSION OF EMERGENCY ORDER AUTHORITY.

Section 20104(a)(1) of title 49, United States Code, is
amended by striking ``death or personal injury'' and
inserting ``death, personal injury, or significant harm to
the environment''.

SEC. 505. ENFORCEMENT TRANSPARENCY.

(a) Amendment.--Subchapter I of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec. 20118. Enforcement transparency

``(a) In General.--Not later than December 31, 2007, the
Secretary of Transportation shall--
``(1) provide a monthly updated summary to the public of
all railroad enforcement actions taken by the Secretary or
the Federal Railroad Safety Administration, from the time a
notice commencing an enforcement action is issued until the
enforcement action is final;
``(2) include in each such summary identification of the
railroad carrier or person involved in the enforcement
activity, the type of alleged violation, the penalty or
penalties proposed, any changes in case status since the
previous summary, the final assessment amount of each
penalty, and the reasons for a reduction in the proposed
penalty, if appropriate; and
``(3) provide a mechanism by which a railroad carrier or
person named in an enforcement action may make information,
explanations, or documents it believes are responsive to the
enforcement action available to the public.
``(b) Electronic Availability.--Each summary under this
section shall be made available to the public by electronic
means.
``(c) Relationship to FOIA.--Nothing in this section shall
be construed to require disclosure of information or records
that are exempt from disclosure under section 552 of title
5.''.
(b) Table of Sections Amendment.--The table of sections of
subchapter I of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:

``20118. Enforcement transparency.''.

SEC. 506. INTERFERING WITH OR HAMPERING SAFETY
INVESTIGATIONS.

(a) Amendment.--Subchapter II of chapter 213 of title 49,
United States Code, is amended by adding at the end the
following new section:

``Sec. 21312. Interfering with or hampering safety
investigations

``(a) In General.--It shall be unlawful for any person
knowingly to interfere with, obstruct, or hamper an
investigation by the Secretary of Transportation conducted
under section 20703 or 20902 of this title, or a railroad
investigation by the National Transportation Safety Board
under chapter 11 of this title.
``(b) Intimidation and Harassment.--It shall be unlawful
for any person, with regard to an investigation conducted by
the Secretary under section 20703 or 20902 of this title, or
a railroad investigation by the National Transportation
Safety Board under chapter 11 of this title, knowingly or
intentionally to use intimidation, harassment, threats, or
physical force toward another person, or corruptly persuade
another person, or attempt to do so, or engage in misleading
conduct toward another person, with the intent or effect of--
``(1) influencing the testimony or statement of any person;
``(2) hindering, delaying, preventing, or dissuading any
person from--
``(A) attending a proceeding or interview with, testifying
before, or providing a written statement to, a National
Transportation Safety Board railroad investigator, a Federal
railroad safety inspector or State railroad safety inspector,
or their superiors;
``(B) communicating or reporting to a National
Transportation Safety Board railroad investigator, a Federal
railroad safety inspector, or a State railroad safety
inspector, or their superiors, information relating to the
commission or possible commission of one or more violations
of this part or of chapter 51 of this title; or
``(C) recommending or using any legal remedy available to
the Secretary under this title; or
``(3) causing or inducing any person to--
``(A) withhold testimony, or a statement, record, document,
or other object, from the investigation;
``(B) alter, destroy, mutilate, or conceal a statement,
record, document, or other object with intent to impair the
integrity or availability of the statement, record, document,
or other object for use in the investigation;
``(C) evade legal process summoning that person to appear
as a witness, or to produce a statement, record, document, or
other object, in the investigation; or
``(D) be absent from an investigation to which such person
has been summoned by legal process.
``(c) Elements of Violation.--(1) For the purposes of this
section, the testimony or statement, or the record, document,
or other object, need not be admissible in evidence or free
from a claim of privilege.
``(2) In a prosecution for an offense under this section,
no state of mind need be proved with respect to the
circumstance that the investigation is being conducted by the
Secretary under section 20703 or 20902 of this title or by
the National Transportation Safety Board under chapter 11 of
this title.
``(d) Criminal Penalties.--A person violating this section
shall be fined under title 18, imprisoned for not more than 1
year, or both.''.
(b) Table of Sections Amendment.--The table of sections of
subchapter II of chapter 213 of title 49, United States Code,
is amended by adding at the end the following new item:

``21312. Interfering with or hampering safety investigations.''.

SEC. 507. RAILROAD RADIO MONITORING AUTHORITY.

Section 20107 of title 49, United States Code, is amended
by inserting at the end the following:
``(c) Railroad Radio Communications.--
``(1) In general.--To carry out the Secretary's
responsibilities under this part and under chapter 51, the
Secretary may authorize officers, employees, or agents of the
Secretary to conduct the following activities in
circumstances the Secretary finds to be reasonable:
``(A) Intercepting a radio communication, with or without
the consent of the sender or other receivers of the
communication, but only where such communication is broadcast
or transmitted over a radio frequency which is--
``(i) authorized for use by one or more railroad carriers
by the Federal Communications Commission; and
``(ii) primarily used by such railroad carriers for
communications in connection with railroad operations.
``(B) Communicating the existence, contents, substance,
purport, effect, or meaning of the communication, subject to
the restrictions in paragraph (3).
``(C) Receiving or assisting in receiving the communication
(or any information therein contained).
``(D) Disclosing the contents, substance, purport, effect,
or meaning of the communication

[[Page H11684]]

(or any part thereof of such communication) or using the
communication (or any information contained therein), subject
to the restrictions in paragraph (3), after having received
the communication or acquired knowledge of the contents,
substance, purport, effect, or meaning of the communication
(or any part thereof).
``(E) Recording the communication by any means, including
writing and tape recording.
``(2) Accident prevention and accident investigation.--The
Secretary, and officers, employees, and agents of the
Department of Transportation authorized by the Secretary, may
engage in the activities authorized by paragraph (1) for the
purpose of accident prevention and accident investigation.
``(3) Use of information.--(A) Information obtained through
activities authorized by paragraphs (1) and (2) shall not be
admitted into evidence in any administrative or judicial
proceeding except--
``(i) in a prosecution of a felony under Federal or State
criminal law; or
``(ii) to impeach evidence offered by a party other than
the Federal Government regarding the existence, electronic
characteristics, content, substance, purport, effect,
meaning, or timing of, or identity of parties to, a
communication intercepted pursuant to paragraphs (1) and (2)
in proceedings pursuant to section 5122, 5123, 20702(b),
20111, 20112, 20113, or 20114 of this title.
``(B) If information obtained through activities set forth
in paragraphs (1) and (2) is admitted into evidence for
impeachment purposes in accordance with subparagraph (A), the
court, administrative law judge, or other officer before whom
the proceeding is conducted may make such protective orders
regarding the confidentiality or use of the information as
may be appropriate in the circumstances to protect privacy
and administer justice.
``(C) No evidence shall be excluded in an administrative or
judicial proceeding solely because the government would not
have learned of the existence of or obtained such evidence
but for the interception of information that is not
admissible in such proceeding under subparagraph (A).
``(D) Information obtained through activities set forth in
paragraphs (1) and (2) shall not be subject to publication or
disclosure, or search or review in connection therewith,
under section 552 of title 5.
``(E) Nothing in this subsection shall be construed to
impair or otherwise affect the authority of the United States
to intercept a communication, and collect, retain, analyze,
use, and disseminate the information obtained thereby, under
a provision of law other than this subsection.
``(4) Application with other law.--Section 705 of the
Communications Act of 1934 (47 U.S.C. 605) and chapter 119 of
title 18 shall not apply to conduct authorized by and
pursuant to this subsection.''.

SEC. 508. INSPECTOR STAFFING.

The Secretary shall increase the total number of positions
for railroad safety inspection and enforcement personnel at
the Federal Railroad Safety Administration so that by
December 31, 2008, the total number of such positions is at
least 500, by December 31, 2009, the total number of such
positions is at least 600, by December 31, 2010, the total
number of such positions is at least 700, and by December 31,
2011, the total number of positions is at least 800.

TITLE VI--MISCELLANEOUS PROVISIONS

SEC. 601. POSITIVE TRAIN CONTROL SYSTEMS.

(a) In General.--Not later than 12 months after the date of
enactment of this Act, each Class I railroad carrier shall
develop and submit to the Secretary a plan for implementing a
positive train control system by December 31, 2014, that will
minimize the risk of train collisions and over-speed
derailments, provide protection to maintenance-of-way workers
within established work zone limits, and minimize the risk of
the movement of a train through a switch left in the wrong
position.
(b) Safety Redundancy.--The positive train control system
required under subsection (a) shall provide a safety
redundancy to minimize the risk of accidents by overriding
human performance failures involving train movements on main
line tracks.
(c) Contents of Plan.--The Secretary may provide technical
assistance and guidance to railroad carriers in developing
the plans required under subsection (a), and shall require
that each railroad carrier include in the plan, at a
minimum--
(1) measurable goals, including a strategy and timeline for
implementation of such systems;
(2) a prioritization of how the systems will be
implemented, with particular emphasis on high-risk corridors
such as those that have significant movements of hazardous
materials or where commuter and intercity passenger railroads
operate;
(3) identification of detailed steps the carriers will take
to implement the systems; and
(4) any other element the Secretary considers appropriate.
(d) Review and Approval.--Not later than 90 days after the
Secretary receives a plan, the Secretary shall review and
approve it. If the proposed plan is not approved, the
Secretary shall notify the affected railroad carrier as to
the specific points in which the proposed plan is deficient,
and the railroad carrier shall correct all deficiencies
within 30 days following receipt of written notice from the
Secretary. The Secretary shall annually conduct a review to
ensure that the railroads are complying with their plans.
(e) Report.--Not later than December 31, 2011, the
Secretary shall transmit a report to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the progress of the railroad
carriers in implementing such positive train control systems.
(f) Authority To Extend Deadline.--The Secretary may extend
the date for implementation required under subsection (a) for
any Class I railroad carrier for a period of not more than 24
months if the Secretary determines such an extension is
necessary--
(1) to implement a more effective positive train control
system than would be possible under the date established in
subsection (a);
(2) to obtain interoperability between positive train
control systems implemented by railroad carriers;
(3) for the Secretary to determine that a positive train
control system meets the requirements of this section and
regulations issued by the Secretary; or
(4) to otherwise enhance safety.
(g) Certification.--The Secretary shall not permit the
installation of any positive train control system or
component unless the Secretary has certified that such system
or component has not experienced a safety-critical failure
during prior testing and evaluation. If such a failure has
occurred, the system or component may be repaired and
evaluated in accordance with part 236 of title 49 of the Code
of Federal Regulations and may be installed when the
Secretary certifies that the factors causing the failure have
been corrected and approves the system for installation in
accordance with such part 236.
(h) Notice.--Not later than 30 days after the Secretary
grants an extension under subsection (f), the Secretary shall
publish a notice in the Federal Register that identifies the
Class I railroad carrier that is being granted the extension,
the reasons for granting the extension, and the length of the
extension.

SEC. 602. WARNING IN NONSIGNALED TERRITORY.

(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this Act, is further
amended by adding at the end the following new section:

``Sec. 20158. Warning in nonsignaled territory

``Not later than 12 months after the date of enactment of
the Federal Railroad Safety Improvement Act of 2007, the
Secretary of Transportation shall prescribe regulations that
require railroads, with respect to main lines in nonsignaled
territory without a train speed enforcement system that would
stop a train in advance of a misaligned switch, to either--
``(1) install an automatically activated device, in
addition to the switch banner, that will, visually or
electronically, compellingly capture the attention of the
employees involved with switch operations and clearly convey
the status of the switch both in daylight and darkness; or
``(2) operate trains at speeds that will allow them to be
safely stopped in advance of misaligned switches.''.
(b) Table of Sections Amendment.--The table of sections of
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:

``20158. Warning in nonsignaled territory.''.

SEC. 603. TRACK SAFETY.

(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this Act, is further
amended by adding at the end the following new section:

``Sec. 20159. Track safety

``(a) Rail Integrity.--Not later than 12 months after the
date of enactment of the Federal Railroad Safety Improvement
Act of 2007, the Secretary of Transportation shall prescribe
regulations to require railroad carriers to manage the rail
in their tracks so as to minimize accidents due to internal
rail flaws. The regulations shall, at a minimum--
``(1) require railroad carriers to conduct ultrasonic or
other appropriate inspections to ensure that rail used to
replace defective segments of existing rail is free from
internal defects;
``(2) require railroad carriers to perform rail integrity
inspections to manage an annual service failure rate of less
than .1 per track mile on high-risk corridors such as those
that have significant movements of hazardous materials or
where commuter and intercity passenger railroads operate; and
``(3) encourage railroad carrier use of advanced rail
defect inspection equipment and similar technologies as part
of a comprehensive rail inspection program.
``(b) Concrete Crossties.--Not later than 18 months after
the date of enactment of the Federal Railroad Safety
Improvement Act of 2007, the Secretary shall develop and
implement regulations for all classes of track for concrete
crossties that address, at a minimum--
``(1) limits for rail seat abrasion;
``(2) concrete crosstie pad wear limits;
``(3) missing or broken rail fasteners;
``(4) loss of appropriate toeload pressure;
``(5) improper fastener configurations; and
``(6) excessive lateral rail movement.''.
(b) Table of Sections Amendment.--The table of sections of
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:

``20159. Track safety.''.

SEC. 604. CERTIFICATION OF CONDUCTORS.

(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this Act, is further
amended by adding at the end the following new section:

``Sec. 20160. Certification of conductors

[[Page H11685]]

``(b) Program Design.--The program established under this
section shall be designed based on the requirements of
section 20135(b) through (e).''.
(b) Table of Sections Amendment.--The table of sections of
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:

``20160. Certification of conductors.''.

SEC. 605. MINIMUM TRAINING STANDARDS.

(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this Act, is further
amended by adding at the end the following new section:

``Sec. 20161. Minimum training standards

``The Secretary of Transportation shall, not later than 180
days after the date of enactment of the Federal Railroad
Safety Improvement Act of 2007, establish--
``(1) minimum training standards for each class and craft
of railroad employees, which shall require railroad carriers
to qualify or otherwise document the proficiency of their
employees in each class and craft regarding their knowledge
of, and ability to comply with, Federal railroad safety laws
and regulations and railroad carrier rules and procedures
promulgated to implement those Federal railroad safety laws
and regulations;
``(2) a requirement for railroad carriers to submit their
training and qualification programs to the Federal Railroad
Safety Administration for approval; and
``(3) a minimum training curriculum, and ongoing training
criteria, testing, and skills evaluation measures to ensure
that railroad employees charged with the inspection of track
or railroad equipment are qualified to assess railroad
compliance with Federal standards to identify defective
conditions and initiate immediate remedial action to correct
critical safety defects that are known to contribute to
derailments, accidents, or injury. In implementing the
requirements of this paragraph, the Secretary shall take into
consideration existing training programs of railroad
carriers.''.
(b) Table of Sections Amendment.--The table of sections of
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:

``20161. Minimum training standards.''.

SEC. 606. PROMPT MEDICAL ATTENTION.

(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this Act, is further
amended by adding at the end the following new section:

``Sec. 20162. Prompt medical attention

``(a) Prohibition.--A railroad or person covered under this
title shall not deny, delay, or interfere with the medical or
first aid treatment of an employee who is injured during the
course of employment. If transportation to a hospital is
requested by an employee who is injured during the course of
employment, the railroad shall promptly arrange to have the
injured employee transported to the nearest medically
appropriate hospital.
``(b) Discipline.--A railroad or person covered under this
title shall not discipline, or threaten discipline to, an
employee for requesting medical or first aid treatment, or
for following orders or a treatment plan of a treating
physician. For purposes of this subsection, discipline means
to bring charges against a person in a disciplinary
proceeding, suspend, terminate, place on probation, or make
note of reprimand on an employee's record.''.
(b) Table of Sections Amendment.--The table of sections of
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:

``20162. Prompt medical attention.''.

SEC. 607. EMERGENCY ESCAPE BREATHING APPARATUS.

(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this Act, is further
amended by adding at the end the following new section:

``Sec. 20163. Emergency escape breathing apparatus

``Not later than 18 months after the date of enactment of
the Federal Railroad Safety Improvement Act of 2007, the
Secretary of Transportation shall prescribe regulations that
require railroads to--
``(1) provide emergency escape breathing apparatus for all
crewmembers on freight trains carrying hazardous materials
that would pose an inhalation hazard in the event of release;
and
``(2) provide their crewmembers with appropriate training
for using the breathing apparatus.''.
(b) Table of Sections Amendment.--The table of sections of
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:

``20163. Emergency escape breathing apparatus.''.

SEC. 608. LOCOMOTIVE CAB ENVIRONMENT.

Not later than 12 months after the date of enactment of
this Act, the Secretary of Transportation shall transmit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
effects of the locomotive cab environment on the safety,
health, and performance of train crews.

SEC. 609. TUNNEL INFORMATION.

Not later than 120 days after the date of enactment of this
Act, each railroad carrier (as defined in section 20102 of
title 49, United States Code) shall, with respect to each of
its tunnels which--
(1) are longer than 1000 feet and located under a city with
a population of 400,000 or greater; or
(2) carry 5 or more scheduled passenger trains per day, or
500 or more carloads of Toxic Inhalation Hazardous materials
per year,

maintain for at least two years historical documentation of
structural inspection and maintenance activities for such
tunnels, including information on the methods of ingress and
egress into and out of the tunnel, the types of cargos
typically transported through the tunnel, and schematics or
blueprints for the tunnel, when available. Upon request, a
railroad carrier shall also provide periodic briefings to the
government of the local jurisdiction in which the tunnel is
located, including updates whenever a repair or
rehabilitation project substantially alters the methods of
ingress and egress. Such governments shall use appropriate
means to protect and restrict the distribution of any
security sensitive information provided by the railroad
carrier under this section, consistent with national security
interests.

SEC. 610. RAILROAD POLICE.

Section 28101 of title 49, United States Code, is amended
by striking ``the rail carrier'' each place it appears and
inserting ``any rail carrier''.

SEC. 611. MUSEUM LOCOMOTIVE STUDY.

(a) Study.--The Secretary of Transportation shall conduct a
study of its regulations relating to safety inspections of
diesel-electric locomotives and equipment and the safety
consequences of requiring less frequent inspections of such
locomotives which are operated by museums, including annual
inspections or inspections based on accumulated operating
hours. The study shall include an analysis of the safety
consequences of requiring less frequent air brake inspections
of such locomotives.
(b) Report.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Transportation shall
transmit a report on the results of the study conducted under
subsection (a) to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.

SEC. 612. CERTIFICATION OF CARMEN.

(a) Amendment.--Subchapter II of chapter 201 of title 49,
United States Code, as amended by this Act, is further
amended by adding at the end the following new section:

``Sec. 20164. Certification of carmen

``(a) Regulations.--Not later than 18 months after the date
of enactment of the Federal Railroad Safety Improvement Act
of 2007, the Secretary of Transportation shall prescribe
regulations and issue orders to establish a program requiring
the certification of carmen, including all employees
performing mechanical inspections, brake system inspections,
or maintenance on freight and passenger rail cars.
``(b) Program Design.--The program established under this
section shall be designed by the Secretary of Transportation
based on the requirements of parts 215, 221, 231, 232, and
238 of title 49 of the Code of Federal Regulations.''.
(b) Table of Sections Amendment.--The table of sections of
subchapter II of chapter 201 of title 49, United States Code,
is amended by adding at the end the following new item:

``20164. Certification of carmen.''.

SEC. 613. TRAIN CONTROL SYSTEMS DEPLOYMENT GRANTS.

(a) Grant Program.--The Secretary of Transportation shall
establish a grant program for the deployment of train control
and component technologies, including--
(1) communications-based train control systems designed to
prevent train movement authority violations, over-speed
violations, and train collision accidents caused by
noncompliance with authorities as well as to provide
additional protections to roadway workers and protect against
open switches in nonsignal territories;
(2) remote control power switch technology;
(3) switch point monitoring technology; and
(4) track integrity circuit technology.
(b) Grant Criteria.--
(1) Eligibility.--Grants shall be made under this section
to eligible passenger and freight railroad carriers and State
and local governments for projects described in subsection
(a) that have a public benefit of improved safety or network
efficiency.
(2) Implementation plan.--An applicant for a grant made
pursuant to this section shall file with the Secretary a
train control implementation plan that shall describe the
overall safety and efficiency benefits of installing systems
described in subsection (a) and the stages for implementing
such systems.
(3) Consideration.--The Secretary shall give priority
consideration to applications that benefit both passenger and
freight safety and efficiency, or incentivize train control
technology deployment on high-risk corridors such as those
that have significant movements of hazardous materials or
where commuter and intercity passenger railroads operate.
(c) Authorization of Appropriations.--(1) There are
authorized to be appropriated to the Secretary such sums as
may be necessary for each of fiscal years 2008 through 2011
to carry out this section.
(2) Amounts made available pursuant to this subsection
shall remain available until expended.

SEC. 614. INFRASTRUCTURE SAFETY INVESTMENT REPORTS.

Not later than February 15th of each year, each Class I
railroad shall file a report with both the Federal Railroad
Safety Administration and the Surface Transportation Board
detailing, by State, the infrastructure investments and
maintenance they have performed on their system, including
but not limited to track, locomotives, railcars, and grade
crossings, in the previous calendar year to ensure the safe
movement of freight, and their plans for such investments and
maintenance in the current calendar year. Such reports shall
be publicly available, and any interested party may file
comments

[[Page H11686]]

about the reports, which also shall be made public.

SEC. 615. EMERGENCY GRADE CROSSING SAFETY IMPROVEMENTS.

(a) Establishment of Program.--The Secretary of
Transportation shall establish a grant program to provide for
emergency grade crossing safety improvements, including the
installation, repair, or improvement of--
(1) railroad crossing signals, gates, and related
technologies, including median barriers and four quadrant
gates;
(2) highway traffic signalization, including highway
signals tied to railroad signal systems;
(3) highway lighting and crossing approach signage;
(4) roadway improvements, including railroad crossing
panels and surfaces; and
(5) related work to mitigate dangerous conditions.
(b) Grant Criteria.--
(1) Eligibility.--The Secretary may make grants to State
and local governments under this section to provide emergency
grade crossing safety improvements at a location where there
has been a railroad grade crossing collision with a school
bus, or collision involving three or more serious bodily
injuries or fatalities.
(2) Maximum amount.--Grants awarded under paragraph (1)
shall not exceed $250,000 per crossing.
(3) No state or local share.--The Secretary shall not
require the contribution of a State or local share as a
condition of the grant.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of fiscal years 2008 through 2011 to carry
out this section. Amounts made available under this
subsection shall remain available until expended.

SEC. 616. CLARIFICATIONS REGARDING STATE LAW CAUSES OF
ACTION.

Section 20106 of title 49, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Laws,
regulations''; and
(2) by inserting at the end the following new subsection:
``(b) Clarifications Regarding State Law Causes of
Action.--
``(1) In general.--Nothing in this section shall be
construed to preempt an action under State law seeking
damages for personal injury, death, or property damage
alleging that a party has violated the Federal standard of
care established by a regulation or order issued by the
Secretary of Transportation (with respect to railroad safety
matters), or the Secretary of Homeland Security (with respect
to the railroad security matters) covering the subject matter
as provided in subsection (a) of this section. This includes
actions under State law for a party's violation of or failure
to adequately comply with its own plan, rule, or standard
that it created pursuant to a regulation or order issued by
either of the Secretaries or for a party's failure to
adequately comply with a law, regulation, or order issued by
either of the Secretaries. Actions under State law for a
violation of a State law, regulation, or order that is not
inconsistent with subsection (a)(2) are also not preempted.
``(2) Retroactivity.--This subsection shall apply to all
pending State law causes of action arising from events or
activities occurring on or after January 18, 2002.''.

TITLE VII--RAIL PASSENGER DISASTER FAMILY ASSISTANCE

SEC. 701. SHORT TITLE.

This title may be cited as the ``Rail Passenger Disaster
Family Assistance Act of 2007''.

SEC. 702. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD
TO FAMILIES OF PASSENGERS INVOLVED IN RAIL
PASSENGER ACCIDENTS.

(a) In General.--Subchapter III of chapter 11 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec. 1139. Assistance to families of passengers involved in
rail passenger accidents

``(a) In General.--As soon as practicable after being
notified of a rail passenger accident within the United
States involving a rail passenger carrier and resulting in a
major loss of life, the Chairman of the National
Transportation Safety Board shall--
``(1) designate and publicize the name and phone number of
a director of family support services who shall be an
employee of the Board and shall be responsible for acting as
a point of contact within the Federal Government for the
families of passengers involved in the accident and a liaison
between the rail passenger carrier and the families; and
``(2) designate an independent nonprofit organization, with
experience in disasters and posttrauma communication with
families, which shall have primary responsibility for
coordinating the emotional care and support of the families
of passengers involved in the accident.
``(b) Responsibilities of the Board.--The Board shall have
primary Federal responsibility for--
``(1) facilitating the recovery and identification of
fatally injured passengers involved in an accident described
in subsection (a); and
``(2) communicating with the families of passengers
involved in the accident as to the roles of--
``(A) the organization designated for an accident under
subsection (a)(2);
``(B) Government agencies; and
``(C) the rail passenger carrier involved,
with respect to the accident and the post-accident
activities.
``(c) Responsibilities of Designated Organization.--The
organization designated for an accident under subsection
(a)(2) shall have the following responsibilities with respect
to the families of passengers involved in the accident:
``(1) To provide mental health and counseling services, in
coordination with the disaster response team of the rail
passenger carrier involved.
``(2) To take such actions as may be necessary to provide
an environment in which the families may grieve in private.
``(3) To meet with the families who have traveled to the
location of the accident, to contact the families unable to
travel to such location, and to contact all affected families
periodically thereafter until such time as the organization,
in consultation with the director of family support services
designated for the accident under subsection (a)(1),
determines that further assistance is no longer needed.
``(4) To arrange a suitable memorial service, in
consultation with the families.
``(d) Passenger Lists.--
``(1) Requests for passenger lists.--
``(A) Requests by director of family support services.--It
shall be the responsibility of the director of family support
services designated for an accident under subsection (a)(1)
to request, as soon as practicable, from the rail passenger
carrier involved in the accident a list, which is based on
the best available information at the time of the request, of
the names of the passengers that were aboard the rail
passenger carrier's train involved in the accident. A rail
passenger carrier shall use reasonable efforts, with respect
to its unreserved trains, and passengers not holding
reservations on its other trains, to ascertain the names of
passengers aboard a train involved in an accident.
``(B) Requests by designated organization.--The
organization designated for an accident under subsection
(a)(2) may request from the rail passenger carrier involved
in the accident a list described in subparagraph (A).
``(2) Use of information.--The director of family support
services and the organization may not release to any person
information on a list obtained under paragraph (1) but may
provide information on the list about a passenger to the
family of the passenger to the extent that the director of
family support services or the organization considers
appropriate.
``(e) Continuing Responsibilities of the Board.--In the
course of its investigation of an accident described in
subsection (a), the Board shall, to the maximum extent
practicable, ensure that the families of passengers involved
in the accident--
``(1) are briefed, prior to any public briefing, about the
accident and any other findings from the investigation; and
``(2) are individually informed of and allowed to attend
any public hearings and meetings of the Board about the
accident.
``(f) Use of Rail Passenger Carrier Resources.--To the
extent practicable, the organization designated for an
accident under subsection (a)(2) shall coordinate its
activities with the rail passenger carrier involved in the
accident to facilitate the reasonable use of the resources of
the carrier.
``(g) Prohibited Actions.--
``(1) Actions to impede the board.--No person (including a
State or political subdivision) may impede the ability of the
Board (including the director of family support services
designated for an accident under subsection (a)(1)), or an
organization designated for an accident under subsection
(a)(2), to carry out its responsibilities under this section
or the ability of the families of passengers involved in the
accident to have contact with one another.
``(2) Unsolicited communications.--No unsolicited
communication concerning a potential action for personal
injury or wrongful death may be made by an attorney
(including any associate, agent, employee, or other
representative of an attorney) or any potential party to the
litigation to an individual (other than an employee of the
rail passenger carrier) injured in the accident, or to a
relative of an individual involved in the accident, before
the 45th day following the date of the accident.
``(3) Prohibition on actions to prevent mental health and
counseling services.--No State or political subdivision may
prevent the employees, agents, or volunteers of an
organization designated for an accident under subsection
(a)(2) from providing mental health and counseling services
under subsection (c)(1) in the 30-day period beginning on the
date of the accident. The director of family support services
designated for the accident under subsection (a)(1) may
extend such period for not to exceed an additional 30 days if
the director determines that the extension is necessary to
meet the needs of the families and if State and local
authorities are notified of the determination.
``(h) Definitions.--In this section, the following
definitions apply:
``(1) Rail passenger accident.--The term `rail passenger
accident' means any rail passenger disaster occurring in the
provision of--
``(A) interstate intercity rail passenger transportation
(as such term is defined in section 24102); or
``(B) interstate or intrastate high-speed rail (as such
term is defined in section 26105) transportation,

regardless of its cause or suspected cause.
``(2) Rail passenger carrier.--The term `rail passenger
carrier' means a rail carrier providing--
``(A) interstate intercity rail passenger transportation
(as such term is defined in section 24102); or
``(B) interstate or intrastate high-speed rail (as such
term is defined in section 26105) transportation,
except that such term shall not include a tourist, historic,
scenic, or excursion rail carrier.
``(3) Passenger.--The term `passenger' includes--
``(A) an employee of a rail passenger carrier aboard a
train;
``(B) any other person aboard the train without regard to
whether the person paid for the

[[Page H11687]]

transportation, occupied a seat, or held a reservation for
the rail transportation; and
``(C) any other person injured or killed in the accident.
``(i) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that a
rail passenger carrier may take, or the obligations that a
rail passenger carrier may have, in providing assistance to
the families of passengers involved in a rail passenger
accident.
``(j) Relinquishment of Investigative Priority.--
``(1) General rule.--This section (other than subsection
(g)) shall not apply to a railroad accident if the Board has
relinquished investigative priority under section
1131(a)(2)(B) and the Federal agency to which the Board
relinquished investigative priority is willing and able to
provide assistance to the victims and families of the
passengers involved in the accident.
``(2) Board assistance.--If this section does not apply to
a railroad accident because the Board has relinquished
investigative priority with respect to the accident, the
Board shall assist, to the maximum extent possible, the
agency to which the Board has relinquished investigative
priority in assisting families with respect to the
accident.''.
(b) Conforming Amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 1138 the following:

``1139. Assistance to families of passengers involved in rail passenger
accidents.''.

SEC. 703. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF
FAMILIES OF PASSENGERS INVOLVED IN RAIL
PASSENGER ACCIDENTS.

(a) In General.--Part C of subtitle V of title 49, United
States Code, is amended by adding at the end the following
new chapter:

``CHAPTER 251--FAMILY ASSISTANCE

``Sec.
``25101. Plans to address needs of families of passengers involved in
rail passenger accidents.

``Sec. 25101. Plans to address needs of families of
passengers involved in rail passenger accidents

``(a) Submission of Plans.--Not later than 6 months after
the date of the enactment of this section, each rail
passenger carrier shall submit to the Secretary of
Transportation and the Chairman of the National
Transportation Safety Board a plan for addressing the needs
of the families of passengers involved in any rail passenger
accident involving a train of the rail passenger carrier and
resulting in a major loss of life.
``(b) Contents of Plans.--A plan to be submitted by a rail
passenger carrier under subsection (a) shall include, at a
minimum, the following:
``(1) A plan for publicizing a reliable, toll-free
telephone number, and for providing staff, to handle calls
from the families of the passengers.
``(2) A process for notifying the families of the
passengers, before providing any public notice of the names
of the passengers, either by utilizing the services of the
organization designated for the accident under section
1139(a)(2) of this title or the services of other suitably
trained individuals.
``(3) An assurance that the notice described in paragraph
(2) will be provided to the family of a passenger as soon as
the rail passenger carrier has verified that the passenger
was aboard the train (whether or not the names of all of the
passengers have been verified) and, to the extent
practicable, in person.
``(4) An assurance that the rail passenger carrier will
provide to the director of family support services designated
for the accident under section 1139(a)(1) of this title, and
to the organization designated for the accident under section
1139(a)(2) of this title, immediately upon request, a list
(which is based on the best available information at the time
of the request) of the names of the passengers aboard the
train (whether or not such names have been verified), and
will periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers
not holding reservations on other trains, for the rail
passenger carrier to use reasonable efforts to ascertain the
names of passengers aboard a train involved in an accident.
``(5) An assurance that the family of each passenger will
be consulted about the disposition of all remains and
personal effects of the passenger within the control of the
rail passenger carrier.
``(6) An assurance that if requested by the family of a
passenger, any possession of the passenger within the control
of the rail passenger carrier (regardless of its condition)
will be returned to the family unless the possession is
needed for the accident investigation or any criminal
investigation.
``(7) An assurance that any unclaimed possession of a
passenger within the control of the rail passenger carrier
will be retained by the rail passenger carrier for at least
18 months.
``(8) An assurance that the family of each passenger or
other person killed in the accident will be consulted about
construction by the rail passenger carrier of any monument to
the passengers, including any inscription on the monument.
``(9) An assurance that the treatment of the families of
nonrevenue passengers will be the same as the treatment of
the families of revenue passengers.
``(10) An assurance that the rail passenger carrier will
work with any organization designated under section
1139(a)(2) of this title on an ongoing basis to ensure that
families of passengers receive an appropriate level of
services and assistance following each accident.
``(11) An assurance that the rail passenger carrier will
provide reasonable compensation to any organization
designated under section 1139(a)(2) of this title for
services provided by the organization.
``(12) An assurance that the rail passenger carrier will
assist the family of a passenger in traveling to the location
of the accident and provide for the physical care of the
family while the family is staying at such location.
``(13) An assurance that the rail passenger carrier will
commit sufficient resources to carry out the plan.
``(14) An assurance that the rail passenger carrier will
provide adequate training to the employees and agents of the
carrier to meet the needs of survivors and family members
following an accident.
``(15) An assurance that, upon request of the family of a
passenger, the rail passenger carrier will inform the family
of whether the passenger's name appeared on any preliminary
passenger manifest for the train involved in the accident.
``(c) Limitation on Liability.--A rail passenger carrier
shall not be liable for damages in any action brought in a
Federal or State court arising out of the performance of the
rail passenger carrier in preparing or providing a passenger
list, or in providing information concerning a train
reservation, pursuant to a plan submitted by the rail
passenger carrier under subsection (b), unless such liability
was caused by conduct of the rail passenger carrier which was
grossly negligent or which constituted intentional
misconduct.
``(d) Definitions.--In this section--
``(1) the terms `rail passenger accident' and `rail
passenger carrier' have the meanings such terms have in
section 1139 of this title; and
``(2) the term `passenger' means a person aboard a rail
passenger carrier's train that is involved in a rail
passenger accident.
``(e) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that a
rail passenger carrier may take, or the obligations that a
rail passenger carrier may have, in providing assistance to
the families of passengers involved in a rail passenger
accident.''.
(b) Conforming Amendment.--The table of chapters for
subtitle V of title 49, United States Code, is amended by
adding after the item relating to chapter 249 the following
new item:

``251. FAMILY ASSISTANCE...................................25101''.....

SEC. 704. ESTABLISHMENT OF TASK FORCE.

(a) Establishment.--The Secretary of Transportation, in
cooperation with the National Transportation Safety Board,
organizations potentially designated under section 1139(a)(2)
of title 49, United States Code, rail passenger carriers, and
families which have been involved in rail accidents, shall
establish a task force consisting of representatives of such
entities and families, representatives of passenger rail
carrier employees, and representatives of such other entities
as the Secretary considers appropriate.
(b) Model Plan and Recommendations.--The task force
established pursuant to subsection (a) shall develop--
(1) a model plan to assist passenger rail carriers in
responding to passenger rail accidents;
(2) recommendations on methods to improve the timeliness of
the notification provided by passenger rail carriers to the
families of passengers involved in a passenger rail accident;
(3) recommendations on methods to ensure that the families
of passengers involved in a passenger rail accident who are
not citizens of the United States receive appropriate
assistance; and
(4) recommendations on methods to ensure that emergency
services personnel have as immediate and accurate a count of
the number of passengers onboard the train as possible.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to
Congress a report containing the model plan and
recommendations developed by the task force under subsection
(b).

The CHAIRMAN. No amendment to the committee amendment is in order
except those printed in House Report 110-371. Each amendment may be
offered only in the order printed in the report, by a Member designated
in the report, shall be considered read, shall be debatable for the
time specified in the report, equally divided and controlled by the
proponent and an opponent of the amendment, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.

Amendment No. 1 Offered by Mr. Oberstar

The CHAIRMAN. It is now in order to consider amendment No. 1 printed
in House Report 110-371.
Mr. OBERSTAR. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 1 offered by Mr. Oberstar:
Page 27, line 19, through page 34, line 14, amend title III
to read as follows (and amend the table of contents
accordingly):

TITLE III--BRIDGE SAFETY

SEC. 301. RAILROAD BRIDGE SAFETY ASSURANCE.

Not later than 12 months after the date of enactment of
this Act, the Federal Railroad Safety Administration shall
implement regulations requiring owners of track carried on
one or more railroad bridges to adopt safety practices to
prevent the deterioration of

[[Page H11688]]

railroad bridges and reduce the risk of human casualties,
environmental damage, and disruption to the Nation's
transportation system that would result from a catastrophic
bridge failure. The regulations shall, at a minimum--
(1) require each track owner to--
(A) develop and maintain an accurate inventory of its
railroad bridges, which shall identify the location of each
bridge, its configuration, type of construction, number of
spans, span lengths, and all other information necessary to
provide for the safe management of the bridges;
(B) ensure that a professional engineer competent in the
field of railroad bridge engineering, or a qualified person
under the supervision of the track owner, determines bridge
capacity;
(C) maintain, and update as appropriate, a record of the
safe capacity of each bridge which carries its track and, if
available, maintain the original design documents of each
bridge and a documentation of all repairs, modifications, and
inspections of the bridge;
(D) develop, maintain, and enforce a written procedure that
will ensure that its bridges are not loaded beyond their
capacities;
(E) conduct regular comprehensive inspections of each
bridge, at least once per year, and maintain records of those
inspections that include the date on which the inspection was
performed, the precise identification of the bridge
inspected, the items inspected, an accurate description of
the condition of those items, and a narrative of any
inspection item that is found by the inspector to be a
potential problem;
(F) ensure that the level of detail and the inspection
procedures are appropriate to the configuration of the
bridge, conditions found during previous inspections, and the
nature of the railroad traffic moved over the bridge,
including car weights, train frequency and length, levels of
passenger and hazardous materials traffic, and vulnerability
of the bridge to damage;
(G) ensure that an engineer who is competent in the field
of railroad bridge engineering--
(i) is responsible for the development of all inspection
procedures;
(ii) reviews all inspection reports; and
(iii) determines whether bridges are being inspected
according to the applicable procedures and frequency, and
reviews any items noted by an inspector as exceptions; and
(H) designate qualified bridge inspectors or maintenance
personnel to authorize the operation of trains on bridges
following repairs, damage, or indications of potential
structural problems;
(2) instruct Administration bridge inspectors to obtain
copies of the most recent bridge management programs and
procedures of each railroad within the inspector's areas of
responsibility, and require that inspectors use those
programs when conducting bridge inspections; and
(3) establish a program to review bridge inspection and
maintenance data from railroads and Administration bridge
inspectors periodically.
Page 73, lines 18 through 21, strike section 610.
Page 73, line 22, through page 77, line 16, redesignate
sections 611 through 615 as sections 610 through 614,
respectively (and amend the table of contents accordingly).
Page 79, line 1, through page 80, line 7, strike section
616 (and amend the table of contents accordingly).
Page 80, after line 7, insert the following new section
(and amend the table of contents accordingly):

SEC. 615. LOCOMOTIVE HORN REQUIREMENT WAIVER.

Section 20153(c) of title 49, United States Code, is
amended by adding at the end the following new paragraph:
``(3) The Secretary, in reviewing applications for waivers
or exemptions, shall consider horn noise and the impact of
such noise on the local community and the unique
characteristics of the community.''.

The CHAIRMAN. Pursuant to House Resolution 724, the gentleman from
Minnesota (Mr. Oberstar) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Minnesota.
Mr. OBERSTAR. Mr. Chairman, I yield myself 2 minutes.
The collapse of the Interstate 35 bridge in Minneapolis on August 1
while I was at this very microphone managing a conference report on
water resources amendments stunned the Nation, stunned this House. It
startled my colleagues in the Minnesota delegation and our colleagues
on the committee.
But shortly after that, the Federal Railroad Administration and the
GAO warned that many of the Nation's 76,000 railroad bridges may also
be at risk.
FRA on September 11 issued a rail safety advisory on railroad
bridges, reporting that 52 accidents over the period 1982 to 1986 were
caused by the catastrophic structural failure of railroad bridges. The
most recent accident was the M&B Railroad near Myrtlewood, Alabama,
where a train of solid-fuel rocket motors derailed when a timber
trestle railroad bridge collapsed under that train. Several cars, one
carrying a rocket motor, rolled onto their side. Six people were
injured.
Bridge failures do not account for the majority of train accidents,
but FRA noted and updated their guidelines and reported that they have
found instances ``where lack of adherence to the FRA's bridge safety
policy resulted in trains operating over structural deficiencies in
steel bridges that could easily have resulted in serious train
accidents.'' We deal with that issue, among others, in this manager's
amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. SHUSTER. Mr. Chairman, I do not oppose the amendment, but ask
unanimous consent to claim the time in opposition.
The CHAIRMAN. Without objection, the gentleman from Pennsylvania is
recognized for 5 minutes.
There was no objection.
Mr. SHUSTER. Mr. Chairman, Chairman Oberstar's manager's amendment
contains several important provisions. First, it codifies FRA's
existing safety advisory on railroad bridges. This provision will help
ensure that the recent tragic collapse of the highway bridge in
Minneapolis will never be repeated on our Nation's rail system.
The manager's amendment also modifies the Swift Act, which requires
locomotives to sound whistles at every crossing in the Nation. The
amendment will require the FRA to take into account the impact of horn
use on local communities.
For example, the town of Baldwin, Florida, is only a mile wide, but
has a number of rail crossings and heavy train traffic. According to
Mayor Godbold of Baldwin, locomotives sound their horns over a thousand
times per day in this small town. The amendment will help Baldwin and
other towns balance issues of safety and noise pollution.
Finally, the manager's amendment makes some technical corrections
deleting the preemption and the police provisions which have already
been enacted in the 9/11 bill.
Mr. Chairman, I yield back the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Tennessee (Mr. Cohen), a member of the committee.
Mr. COHEN. Mr. Chairman, I want to thank the chairman and the ranking
member and Mr. Shuster for doing such a wonderful job on this bill. The
chairman is passionate about this issue, and the American people are
fortunate to have people in the Chair's position who are knowledgeable
and passionate about the subject matter.
I rise today in support of the H.R. 2095, and am pleased to be a
cosponsor of this legislation which would reorganize the Federal
Railroad Administration as the Federal Railroad Safety Administration,
and requires the Secretary of Transportation to develop a long-term
strategy for reducing the number and rates of accidents, injuries, and
fatalities involving railroads. It is not just linguistics; it is
action and direction.
The city of Memphis, which lies along the Tennessee border, is a
major hub for the railroad industry. The city ranks third nationally in
the number of class 1 railroads. According to the Memphis Regional
Chamber, 220 trains pass through Memphis every day. Between January and
July of 2007, there were 36 rail accidents in Shelby County, two of
which were fatal. Consequently, railroad safety is critically important
to my district.
I was pleased that this Congress passed and enacted H.R. 1401, the
Rail and Public Transportation Security Act, which was designed to
enhance the security of our railroad transportation systems. The bill
also adopted an amendment I introduced which called on the Secretary of
Transportation, in consultation with the Homeland Security Secretary,
to work to minimize the hazards of toxic inhalation hazardous material.
This legislation today goes further by focusing on rail safety for
passengers, pedestrians and train workers. The bill changes the hours
of service rules for railroad workers and includes measures to improve
areas where railroad tracks cross roads. This happens

[[Page H11689]]

too frequently in Memphis, particularly in the university district.
In response to inspection personnel shortages, the measure requires
the Department of Transportation increase the number of Federal
Railroad Safety Administration safety inspections and enforcement
personnel, setting targets that are reachable and good for the public.
I urge all Members to support passage of the bill.
Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time to
point out that in the manager's amendment, we strike section 301, the
whistleblower provision, and section 616, the preemption provision,
which was included in the security bill. And I note those two because
they are two of the five objections the administration raises in its
statement of administration policy, so they are objecting to two items
not in the bill nor in the manager's amendment. Therefore, I urge
support of the manager's amendment.
Ms. CORRINE BROWN of Florida. Mr. Chairman, I want to take this time
to again thank Chairman Oberstar for his leadership on the issue of
safety.
The Managers amendment clarifies two important issues that have been
dealt with in other legislation. The whistleblower protections and
changes to federal preemption which the committee worked hard to fix.
It also includes language that requires railroad owners to adopt
measures that improve the safety of railroad bridges, and requires the
Secretary to consider community concerns when granting exemptions for
sounding locomotive whistles.
I encourage my colleagues to support this amendment.
Mr. OBERSTAR. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Minnesota (Mr. Oberstar).
The amendment was agreed to.

Amendment No. 2 Offered by Mrs. Napolitano

The CHAIRMAN. It is now in order to consider amendment No. 2 printed
in House Report 110-371.
Mrs. NAPOLITANO. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 2 offered by Mrs. Napolitano:
At the end of title VI, add the following new section (and
amend the table of contents accordingly):

SEC. 617. SAFETY INSPECTIONS IN MEXICO.

(a) In General.--Mechanical and brake inspections of rail
cars performed in Mexico shall not be treated as satisfying
United States rail safety laws or regulations unless the
Secretary of Transportation certifies that--
(1) such inspections are being performed under regulations
and standards equivalent to those applicable in the United
States, including comparable enforcement procedures;
(2) the Mexican counterparts to the Federal Railroad Safety
Administration are effectively enforcing such standards;
(3) the inspections are being performed by employees
receiving comparable classroom and on the job training as is
the norm in the United States;
(4) inspection records are maintained in both English and
Spanish, and such records are available to the Federal
Railroad Safety Administration for review; and
(5) the Federal Railroad Safety Administration is permitted
to perform onsite inspections for the purpose of ensuring
compliance with the requirements of this subsection.
(b) Hazardous Material Inspections.--Notwithstanding
subsection (a), no hazardous material inspections performed
in Mexico shall be treated as having satisfied the applicable
United States rail safety laws and regulations.

The CHAIRMAN. Pursuant to House Resolution 724, the gentlewoman from
California (Mrs. Napolitano) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Mrs. NAPOLITANO. Mr. Chairman, my amendment ensures that trains
entering or reentering this country from Mexico are certified and
inspected. Over 10,000 trains enter the United States from Mexico
through Calexico, San Ysidro, Brownsville, El Paso, Laredo, Eagle Pass
and Arizona at Nogales. Currently, all trains crossing the border are
inspected by our own U.S. inspectors who are highly trained, must
follow stringent FRA requirements, fully understand rail safety laws,
earn a good salary with strong benefits, and the rail companies they
work for are fully liable in case of an accident.
U.S. railroad companies have been trying to outsource inspections to
Mexico. Union Pacific has been twice denied by FRA in 2004 and 2007. We
must set up a process for the Department of Transportation to ensure
continued protection with legitimate inspections.
Mexican inspectors have much lower standards for safety than our U.S.
inspectors, are not versed in U.S. laws and regulations, and are poorly
compensated compared to U.S. inspectors.
My amendment ensures that all trains coming into the United States
from Mexico continue to be safe for rail travel in our country and
prohibits Mexican inspectors from performing safety inspections unless
the U.S. Secretary of Transportation certifies that inspections are
performed under U.S. regulation and U.S. standards, that the Mexican
Government is effectively enforcing such safety standards, that
inspectors are receiving comparable classroom and on-the-job training
as in the U.S., inspection records are maintained in both English and
Spanish, records are available to the FRA for review, and the FRA is
permitted to perform on-site inspections in Mexico.
My amendment also forbids inspections of any hazardous material
railcars from taking place in Mexico. FRA must have the ability to
grant waivers only if strict safety precautions are in place and
adhered to. My amendment protects against future attempts by railroads
to apply for inspections in Mexico unless they follow restrictions. My
amendment ensures safety and security of all trains entering the United
States through the southern border.
Mr. Chairman, I ask my colleagues to support this important safety
amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition, though I
do not oppose the amendment.
The CHAIRMAN. Without objection, the gentleman from Minnesota is
recognized for 5 minutes.
There was no objection.
Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Shuster).
Mr. SHUSTER. Mr. Chairman, I have some concerns with this amendment
which attempts to regulate railcar brake inspections in Mexico.
As I understand it, this issue has already been dealt with by the
FRA. The Union Pacific Railroad had requested a limited waiver to do
certain air brake testing in Mexico, but the Federal Rail
Administration denied that waiver. So air brake and other safety
inspections are actually being done on the American side of the border.
A potentially larger issue is that this amendment attempts to
regulate labor conditions in Mexico. This amendment would interfere
with the existing flow of commerce across our southern border. I do not
have an answer to that, but I am concerned it could be construed as
violating NAFTA.
While I agree with Mrs. Napolitano's intent of ensuring a safe U.S.
rail system, I have great concerns. But I hope we can work together as
we go through conference to take care of my concerns. I thank the
chairman.
Mr. OBERSTAR. Mr. Chairman, I yield myself 1\1/2\ minutes to point
out that although the gentleman is right, the FRA did deny Union
Pacific, the denial is ``without prejudice to the submission of a
future request addressing the same subject matter,'' so the issue
remains alive and it seems appropriate to address it in this manner.
The gentleman does raise a concern about the NAFTA agreement and such
language might run in contravention, but safety always trumps other
issues. In our aviation trade agreements with other countries, the U.S.
rules on safety prevail over those of the trading nation. We are
elevating this whole role of safety in the FRA and changing its title
to the Federal Railroad Safety Administration.
I think we should explore further in that context and with
relationship to aviation the effect of NAFTA and the effect this
language might have within NAFTA, and I will be glad to pursue that
with the gentleman.
Mr. Chairman, I reserve the balance of my time.

{time} 1700

Mrs. NAPOLITANO. Mr. Chairman, I yield 1 minute to the gentleman from
California (Mr. Baca).

[[Page H11690]]

(Mr. BACA asked and was given permission to revise and extend his
remarks.)
Mr. BACA. Mr. Chairman, I commend my friend Grace Napolitano for her
leadership on this amendment.
This amendment is about protecting American jobs, and I state, about
protecting American jobs. It's about ensuring the safety of our workers
and our communities. It's about securing our Nation's borders. We must
not let the railroad industry outsource this important work. The safety
and security of our Nation depends on it.
Ten thousand trains enter the United States from Mexico each year. We
must ensure the highest standards for safety inspections of these
trains. American workers know how to do it best.
This amendment ensures the highest safety, training and enforcement
standards are met. In the wake of 9/11 and in light of the train
derailments we've seen, and I know that in my district we had one, it
is the least we can do to enhance the safety of our community and
ensure our Nation's safety.
I urge my colleagues to vote in favor of Grace Napolitano's
amendment.
Mrs. NAPOLITANO. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Texas (Mr. Gonzalez).
Mr. GONZALEZ. Mr. Chairman, I'm glad that the chairman of the
committee pointed out that this is an ongoing issue.
In 2004, 2007, when it was requested, it may have been denied, but in
San Antonio, we've had such a rash of accidents for the past 5 years
that finally railroad safety came to the forefront and we are
recognizing some progress. Let's not go backward and allow these
waivers.
When the FRA denied the UP waiver in 2004, it did so because they
found that documentation on employee training was insufficient and
unsatisfactory. When they withdrew their request in 2007, the company
spokesman commented that the political climate was wrong for them to
push for the waiver.
But let us make sure that the political climate remains unfavorable
and that common sense will prevail and only so if we pass this
amendment, and I urge all my colleagues to vote ``yes'' on the
Napolitano amendment.
Mr. OBERSTAR. Mr. Chairman, I yield 2 minutes to the distinguished
gentlewoman from Florida (Ms. Corrine Brown).
Ms. CORRINE BROWN of Florida. Mr. Chairman, I want to commend the
congresswoman for introducing this amendment. She's a great addition to
the Transportation Committee, but she has come with strong support for
railroad safety, and I want to thank her.
This is a perfect addition to this safety legislation. This amendment
prohibits Mexican companies and inspectors from performing mechanical
and brake inspections unless they follow U.S. safety, training and
enforcement standards. It makes no sense to apply rail safety measures
in the U.S. if they are not going to apply to trains coming in from
Mexico. This is just a commonsense amendment.
I encourage my colleagues to support this amendment.
Mr. OBERSTAR. Under the rule, the gentlewoman from California has the
right to close on her amendment?
The CHAIRMAN. The gentleman from Minnesota is right. The gentlewoman
from California does have the right to close.
Mr. OBERSTAR. Mr. Chairman, with the further caveat about the issues
raised by the gentleman from Pennsylvania about the possible effect on
NAFTA, a matter going forward we can review with the appropriate
authorities, I urge support for the amendment of the gentlewoman from
California.
Mr. Chairman, I yield back the balance of my time.
Mrs. NAPOLITANO. Mr. Chairman, I thank Chairman Oberstar and Ranking
Member Mica and all my colleagues.
This is a very important bill to continue making the FRA the safety
agency it's supposed to be. We need to be able to ensure that any
railcar traveling in the U.S. carries the same safety inspection
standards as any other railcar.
So, with that, I ask for an ``aye'' vote and support for the
amendment and the full bill.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from California (Mrs. Napolitano).
The amendment was agreed to.

Amendment No. 3 Offered by Mr. Pallone

The CHAIRMAN. It is now in order to consider amendment No. 3 printed
in House Report 110-371.
Mr. PALLONE. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 3 offered by Mr. Pallone:
Page 80, after line 7, insert the following new section
(and amend the table of contents accordingly):

SEC. 617. SURFACE TRANSPORTATION BOARD JURISDICTION OVER
SOLID WASTE FACILITIES.

Section 10501 of title 49, United States Code, is amended--
(1) by striking ``facilities,'' in subsection (b)(2) and
inserting ``facilities (except solid waste rail transfer
facilities as defined in subsection (c)(3)(C)),''; and
(2) by adding at the end of subsection (c)(3) the following
new subparagraph:
``(C) Nothing in this section preempts a State or local
governmental authority from regulating solid waste rail
transfer facilities. For purposes of this subparagraph, the
term `solid waste rail transfer facility' means the portion
of any facility owned or operated by or on behalf of a rail
carrier, at which occurs the--
``(i) collection, storage, or transfer, outside of original
shipping containers;
``(ii) separation; or
``(iii) processing (including baling, crushing, compacting,
and shredding),
of solid waste, as defined in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903).''.

The CHAIRMAN. Pursuant to House Resolution 724, the gentleman from
New Jersey (Mr. Pallone) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. PALLONE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment will exclude solid waste rail transfer
facilities from the exclusive jurisdiction of the Surface
Transportation Board and provide that laws outlining the STB's
jurisdiction would not preempt the authority of State and local
governments to regulate such facilities.
In New Jersey, and all over the country, certain waste handlers and
railroad companies have tried to exploit a supposed loophole in Federal
law in order to set up unregulated waste transfer facilities.
Under the Interstate Commerce Commission Termination Act of 1995, the
STB has exclusive jurisdiction over transportation by rail carriers and
the ability to grant Federal preemption over other laws at any level,
local, State or Federal, that might impede such transportation.
But Congress intended such authority to extend only transportation by
rail, not to the operation of facilities that are merely sited next to
rail operations or have a business connection to a rail company.
Unfortunately, certain companies have exploited this loophole to
build or plan waste transfer stations next to rail lines and avoid any
regulation from the State or local authorities.
It's my hope that this amendment will take the STB out of the waste
management business by ensuring that State and local governments have
the right to regulate solid waste transfer stations.
We must ensure that solid waste facilities follow the rules and do
not pollute pristine open space, and do all that we can to protect our
environment from unregulated facilities.
Mr. Chairman, I reserve the balance of my time.
Mr. SHUSTER. Mr. Chairman, I rise to claim the time in opposition.
The CHAIRMAN. The gentleman from Pennsylvania is recognized for 5
minutes.
Mr. SHUSTER. Mr. Chairman, this amendment deals with STB preemption
of laws regarding railroad waste transportation facilities. The Rail
Subcommittee has held several hearings on this issue, one last year and
another just yesterday.
I've a great interest in this issue, as my home State of Pennsylvania
is the number one recipient of imported waste from other States, most
of it coming from New Jersey and New York City. So, as I said, I've
great concern.
At yesterday's hearing, we heard many complaints from local
communities about illegal railroad, or not

[[Page H11691]]

even railroads, but people who claim the railroads, that are waste
facilities. We also heard from the STB that most local laws are not
currently preempted by Federal law. In fact, many entities claiming
Federal preemption do not have legitimate claims.
I think it's clear that this law has to be clarified to make it
easier to stop unscrupulous operators that Mr. Pallone mentioned in his
State of New Jersey, but regarding Mr. Pallone's amendment, the STB has
told our rail staff that this amendment needs improvement to accomplish
that, to accomplish the stated goal of regulating railroad waste
facilities.
In fact, I quote from a letter from the chairman of STB that says his
``general concern with the Pallone amendment is that it is overbroad
and could result in local land use and zoning agencies exerting
jurisdiction over legitimate rail transportation projects and impeding
interstate commerce.''
In addition, the STB is already in the process of addressing many of
these issues, which they need to do. If people were out there operating
waste facilities in an illegal or unscrupulous manner, that needs to be
addressed.
I would like to work with Mr. Pallone on this issue, but I'm going to
oppose this amendment on those grounds. We need to encourage States to
deal with their trash problem, all of us across this country. We all
produce waste. We've got to make sure in our neighborhoods that we're
taking care of our own waste and not shipping it to other States, and
I'm just concerned that that's what will occur if this amendment is
passed. And so I urge my colleagues to oppose this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. PALLONE. Mr. Chairman, may I inquire how much time remains?
The CHAIRMAN. The gentleman from New Jersey (Mr. Pallone) has 3\1/2\
minutes remaining. The gentleman from Pennsylvania (Mr. Shuster) has 3
minutes remaining.
Mr. PALLONE. Mr. Chairman, I yield 1 minute to the gentlewoman from
Florida (Ms. Corrine Brown), the subcommittee Chair.
Ms. CORRINE BROWN of Florida. Mr. Chairman, I want to compliment
Congressman Pallone for his hard work on this issue of rail-owned waste
transfer facilities.
Yesterday, the Railroad Subcommittee held a hearing on rail-owned
municipal waste transfer facilities. We learned that there is a growing
concern in the Northeast that some railroads are using Federal
preemptions standards to shield themselves from important State and
local environmental laws which are leading to a lack of environmental
and health-related oversight of these facilities.
This language may need to be refined to ensure that States and
localities don't overregulate the industry, but this is the right first
step in ensuring that railroad operated waste transfer stations are not
posing a health or environmental risk to the communities where they're
operating.
I encourage my colleagues to support this amendment, and I think we
will work as we go toward conference to improve it and refine the
language.
Mr. SHUSTER. Mr. Chairman, I have no further speakers, and I reserve
my time.
Mr. PALLONE. Mr. Chairman, I yield 1 minute to the gentleman from
Minnesota (Mr. Oberstar), the chairman of the committee.
Mr. OBERSTAR. Mr. Chairman, the essential issue here is not whether
the noxious fumes, whether the groundwater pollution caused by solid
waste deposited on rail property should be regulated. The question here
is whether the language and the manner in which the gentleman proposes
to prevent those effects upon nearby communities is in interference
with the authority and the preemption authority of the Federal Railroad
Administration.
Mr. Mulvey, one of the commissioners of the Surface Transportation
Board, said, ``I believe that an amendment such as this is necessary to
redress the growing misuse of Federal railroad preemption law . . .
with respect to solid waste transload facilities.'' But he, too,
expresses concerns that it could be interpreted too broadly to
frustrate the zoning of legitimate solid waste transfer facilities.
This is an issue, he says, that can be worked out. It can be worked
out, and we are committed to doing so, with participation of the
gentleman from Pennsylvania.
The CHAIRMAN. The time remaining is the gentleman from Pennsylvania
(Mr. Shuster) has 3 minutes remaining. The gentleman from New Jersey
(Mr. Pallone) has 1\1/2\ minutes remaining. The gentleman from
Pennsylvania has the right to close.
Mr. SHUSTER. Mr. Chairman, I agree with what the chairman said.
Again, I don't disagree with the situation that is occurring that
appears significant in New Jersey.
I am concerned, as I stated, that this language is going to allow
communities to stop legitimate and law-abiding rail entities and
operations, to stop them when they don't like it. I have great concern
in that.
I believe the trash issue, as I said, is significant. Pennsylvania is
the biggest importer of trash in the Nation with 10 million tons every
year coming across the border into Pennsylvania.
My concern is that this problem will get pushed out of New Jersey and
out of other States into States that are more willing to handle it, and
as I said, we all produce trash. I'm sure today I've got half a waste
can or more in my office. My community produces trash. Communities have
to deal with that problem.
Again, nobody wants a landfill in their backyard, but the reality is
we've got to have landfills. We've got to have these waste transfer
stations. We've got to make sure, though, that people that are
operating them are operating them properly so that we're not damaging
the environment, that we aren't doing negative things to our
communities because, as we heard yesterday, outside of Philadelphia and
Bensalem, Mr. Murphy's district, they were trying to redevelop their
town, and right across the street, somebody wants to come in and put in
a waste treatment facility or waste transfer station that's not going
to be positive for that community.
So, again, local communities have to have some say, but we've got to
make sure they're not overstepping and stopping legitimate operations.
Mr. OBERSTAR. Mr. Chairman, will the gentleman yield?
Mr. SHUSTER. I yield to the gentleman from Minnesota.
Mr. OBERSTAR. I think it's clear the amendment does not apply to
containerized facilities. They still are subject to the Federal
preemption. The only question is whether there's infringement on
preemption with open facilities, open solid waste storage facilities.
That is a matter on which I think with further discussion we can reach
an amicable resolution.
Mr. SHUSTER. I appreciate and look forward to having those
discussions. I, again, oppose the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. PALLONE. Mr. Chairman, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Patrick J. Murphy).
Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Chairman, I thank the
gentleman from New Jersey.
Mr. Chairman, I rise today to urge my colleagues to support this
critical amendment that we are offering with my good friend Mr. Pallone
of New Jersey.
Right now in districts across America companies are trying to skirt
the law and put our communities at risk.

{time} 1715

In my district in Bensalem of Bucks County, Pennsylvania, a company
is trying to construct a waste transfer facility despite widespread
public opposition. A few months ago I stood with the leaders of
Bensalem, Mayor Joseph DiGirolamo and State Representative Gene
DiGirolamo, as we urged Congress to close this loophole that allows
this end-run around local and State laws.
This is not a partisan issue, as these two Republican leaders of
Bensalem will attest to. After all, ensuring that our neighborhoods are
kept clean and safe isn't about politics; it is about doing what is
right. With this amendment, we have an opportunity to protect our
neighborhoods. I urge swift passage of this important amendment.
The CHAIRMAN. The gentleman from New Jersey is recognized for the 30
seconds remaining.
Mr. PALLONE. Thank you, Mr. Chairman. Let me just thank Mr. Murphy,
who I should say is a cosponsor with me of this amendment.

[[Page H11692]]

I include for the Record the letter from the Commissioner of the
Surface Transportation Board, Mr. Francis Mulvey, to Chairwoman Brown
where he indicates his support of the amendment. He does, as the
chairman of the full committee says, believe that there may be some
issues that will have to be worked out as we move to conference or
whatever on this. I would assure my colleague from Pennsylvania that we
would try to do that. I urge support of the amendment.

Surface Transportation Board,

Washington, DC, October 17, 2007.
Hon. Corrine Brown,
Chairwoman, Subcommittee on Railroads, Pipelines and
Hazardous Materials, House of Representatives,
Washington, DC.
Dear Chairwoman Brown: I am writing in support of the
pending Pallone-Murphy Amendment to be offered to H.R. 2095,
the Federal Railroad Safety Improvement Act of 2007. In
accordance with my testimony before the Subcommittee at
yesterday's hearing, I believe that an amendment such as this
is necessary to redress the growing misuse of federal
railroad preemption law, 49 U.S.C. 10501(b), with respect to
solid waste transload facilities.
I am concerned that the Amendment could possibly be
interpreted too broadly to enable State and local governments
to frustrate the zoning of legitimate solid waste transload
facilities, but I believe this is an issue that can be worked
out as the Amendment and Bill move forward.
I also want to echo my testimony yesterday by making it
clear that determining where the boundaries of federal
preemption lie is a delicate process, as shown by the Board's
and courts' thoughtful interpretations over the past 12 years
since the passage of the ICC Termination Act of 1995. I do
not believe that the scope of preemption should be narrowed
any more than is necessary to prevent its misuse. Under no
circumstances should State and local police powers be
circumscribed.
Thank you for your consideration of my views. I remain
available to answer any further questions you or other
Members may have about this issue.
Sinerely,
Francis P. Mulvey,
Commissioner.
Mr. HOLT. Mr. Chairman, I rise today to support the amendment from my
colleague from New Jersey, Mr. Pallone and my colleague from
Pennsylvania, Mr. Murphy to the Federal Railway Safety and Safety
Improvement Act.
Mr. Pallone and Mr. Murphy's amendment would exclude from the
jurisdiction of the Surface Transportation Board the regulation and
approval of solid waste transfer and processing facilities near railway
stations. This amendment addresses a serious environmental concern in
allowing companies to skirt solid waste regulations and I fully support
this amendment.
The Interstate Commerce Commission Termination Act of 1995 gave the
STB jurisdiction over transportation by rail carriers and authorized
the STB to pre-empt Federal, State or local laws in conflict with
Commerce Clause. This law was intended to extend the STB's authority
only to railroad operations, not to the operation of facilities located
by rail services or to businesses which have a connection to a rail
company. Unfortunately, confusion about Congressional intent behind the
ICCTA has been exploited by some companies to override State and
Federal environmental regulations for the sake of profit and have put
both the environment and the public health at risk.
It is through a gross misinterpretation of ICCTA that the STB allows
companies to seek Federal preemption of a host of environmental and
public health laws by simply locating their facilities on railroad
property. One of the more egregious examples of this abuse is the
building of solid waste facilities along rail lines. In the State of
New Jersey, the STB has allowed nine railroad transfer facilities to
operate under the supposed Federal preemption supposedly authorized
through the ICCTA--at least one of which handles toxic waste.
Many of these facilities are little more than trash heaps which do
not have to comply with either State or Federal solid waste
regulations. This is unacceptable. We have spent the last decade
working to clean up the damage that has been caused by improper waste
disposal, and continuing to allow companies to exploit the ICCTA is a
step backwards in the progress we have made in regulating this
industry. Mr. Pallone and Mr. Murphy's amendment would take a crucial
step towards correcting this problem and I urge my colleagues to
support it.
Mr. RAHALL. Mr. Chairman, it has been over a decade since Congress
passed the Interstate Commerce Clause Termination Act.
While I have the deepest respect for my colleague from New Jersey who
sponsored this amendment, I feel his amendment is overly broad and
violates the letter and spirit of the ICCTA.
According to the Gentleman from New Jersey's amendment, any State and
local agency can regulate railroad-owned, solid waste rail transfer
facilities.
Father, forgive them; for they know not what they do.
Adoption of this amendment would mean that if a railroad were to try
and establish a solid waste transload facility, local government
authorities would have very few checks on their ability to regulate
this industry.
There are no jurisdictional requirements in this amendment, no limit
to the number of authorities which could mount challenges. It would
begin to dismantle, piece by piece, the federal preemption that is
integral to our national rail system.
Many of the individuals supporting this amendment today will tell you
how states are unable to protect their citizens under the current
guidelines set forth by the Surface Transportation Board.
What you may not hear, is that a State can protect the health and
safety of their citizens.
Should companies violate the laws and regulations governing health
and safety problems, a state can use its police power, take the
offending railroad to court, or petition the Surface Transportation
Board to halt the railroads operations.
New Jersey was able to shut down three waste transload facilities
earlier this year, because the facility violated the fire safety laws.
These transportation facilities were not created through judicial
fiat, they are defined in the very legislation we crafted a decade ago.
They were addressed wholesale because we knew that to grant certain
commodities preemption, and deny it to others, would create a daunting
patchwork of regulation.
This amendment, as well intentioned as it may be, begins the path
down that slippery slope. What's next? Will a state's department of
environmental protection decide that it doesn't like the transportation
of coal, or liquid natural gas, because of the pollution it may cause?
Mr. Chairman, I urge the defeat of this poorly crafted amendment,
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New Jersey (Mr. Pallone).
The amendment was agreed to.

Amendment No. 4 Offered by Mr. Rohrabacher

The CHAIRMAN. It is now in order to consider amendment No. 4 printed
in House Report 110-371.
Mr. ROHRABACHER. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 4 offered by Mr. Rohrabacher:
Page 12, line 16, insert the following new paragraph before
the close quotation mark:
``(5) There are authorized to be appropriated to the
Secretary for each of the fiscal years 2008 through 2011 such
sums as may be necessary to design and develop a pilot
electric cargo conveyor system for the transportation of
containers from ports to depots outside of urban areas.''.

The CHAIRMAN. Pursuant to House Resolution 724, the gentleman from
California (Mr. Rohrabacher) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. ROHRABACHER. Mr. Chairman, the amendment I am offering on behalf
of myself and my colleague from California (Ms. Richardson) provides
authorization for the rails of the next generation. As this Congress
looks at ways to curb pollution, new technologies such as electric
conveyor systems are key in reducing our impact on the environment,
while getting the job done more efficiently, thus promoting the
economic prosperity and, of course, the well-being of the American
people.
Currently, logjams occur as offloaded freight is bottlenecked at our
ports waiting for trucks to take containers to interior rail and
trucking hubs. Electric conveyor systems, on a set rail, can streamline
this process, reducing costs to the American consumer as well as
eliminating pollution that would otherwise come from these container
hauling trucks.
It is also an issue of safety. American ports are found in coastal
metropolitan areas. As the Minnesota bridge disaster reminds us, it is
fitting that we look at the safety of our current infrastructure. But
we should also look towards the future and the systems that will be in
place in the years ahead. Electric conveyor systems have already proven
to be extremely safe and efficient, but we would be remiss if we do not
offer these systems the same funds for safety that we offer our current
rail lines, and that is what this amendment seeks to accomplish. I urge
my colleagues to support this amendment.

[[Page H11693]]

I reserve the balance of my time.
Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition, though I
do not oppose the amendment.
The CHAIRMAN. Without objection, the gentleman from Minnesota is
recognized for 5 minutes.
There was no objection.
Mr. OBERSTAR. I yield myself 2\3/4\ minutes.
This is a proposal that really does have a thousand fathers. The
distinguished gentleman from California (Mr. Rohrabacher) is an
advocate for this initiative; I believe the Governor of his State is an
advocate for it, as the mayor of Los Angeles is an advocate for it. I
know the City of San Diego and their planning organization are for this
kind of initiative, the Department of Transportation, the Federal
Railroad Administration, the Port of Los Angeles-Long Beach is an
advocate for this. And I am an advocate for it. And I think that in
this initiative we have found the ideal solution to intermodalism, to
movement of goods, reduction of noise, of pollution, of accidents, of
intersection of goods, people, and vehicles by adopting the maglev
technology. This was an idea that I advocated well in advance of ISTEA
in 1991. We got first funding in the ISTEA legislation for study of
maglev technology. And then in TEA-21, under then Chairman Shuster,
advocating experimental projects. It took years of development, but
finally General Atomics, under contract with the Department of
Transportation, perfected the technology. And then it was the Port of
Long Beach/Los Angeles that said we would like to move containers with
it before you start moving people. The ideal solution. I wish I had
thought of it myself. But it was the port that came to the idea, and
then the gentleman from California working with the port authority and
with the State embraced this idea.
This can be a very exciting, successful initiative. We have a paying
customer, containers. And with a combination of some Federal grant
funding and loans from the railroad infrastructure loan program to
whatever the sponsoring authority may be, it can be a State, it can be
a railroad, this project can be very successful. We can have one not
only in California but in discussion with the Chair of the Rail
Subcommittee, Ms. Brown, the Port of Jacksonville would be interested
in such an initiative.
So I just want to point out that while the gentleman advances the
cause, it is not limited only to California. The language of the
amendment says, authorized to be appropriated such funds as may be
necessary to design and develop a pilot electric cargo conveyor system
for the transportation of containers from ports to depots outside of
urban areas. A brilliant solution.
I reserve the balance of my time.
Mr. ROHRABACHER. How much time do I have left?
The CHAIRMAN. The gentleman from California has 3 minutes remaining.
Mr. ROHRABACHER. I would yield myself 1 minute and I would just
suggest that that is the kind of opposition that I like. I thank you
very much.
The vision Mr. Oberstar has just laid out is exactly what we are
trying to do. Mr. Oberstar, of course, is responsible for today, but he
is also, by working together with us, we are trying to make sure that
we are building a better tomorrow based on the technology of tomorrow
that will overcome some of the problems of today.
And let us note for the record, this is probably the first
legislative step toward the direction of fulfilling the vision that Mr.
Oberstar just outlined for us of what the potential of this is. So if
they go back in history and 5, 10 years from now we have an incredible
working system that takes tens of thousands of trucks off the road and
it helps our environment, we can look back to this vote and this floor
discussion as the first step.
I appreciate that very much and look forward to working with you. I
think this is the perfect bipartisan effort where all of us can come
together of any project that I know of.
I yield 1 minute to the gentleman from Pennsylvania (Mr. Shuster).
Mr. SHUSTER. Mr. Chairman, as Mr. Rohrabacher pointed out, this
authorizes a program to install a pilot electric conveyer system for
cargo. There have been several concepts developed for the Port of Los
Angeles to move cargo using electric trucks, LNG trucks, automated
shuttles, and even maglev. The general idea is, as Mr. Rohrabacher has
pointed out, to get rid of the diesel trucks and move the cargo to
outlying areas for transload to trains or truck. This would cut air
pollution and potentially cut the congestion that exists now in the
Port of Los Angeles, and would certainly benefit all of the Nation as
we develop these types of transportation ideas.
I support Mr. Rohrabacher's goal of reducing congestion and pollution
and urge support of the amendment.
Mr. OBERSTAR. How much time do I have remaining?
The CHAIRMAN. The gentleman has 2\1/2\ minutes remaining. The
gentleman from California has 1 minute remaining.
Mr. OBERSTAR. I yield 1\1/2\ minutes to the distinguished Chair of
our Subcommittee on Rail, Ms. Brown.
Ms. CORRINE BROWN of Florida. Mr. Chairman, I know that this is
something that my friend Juanita Millender-McDonald supported and
worked hard to realize.
Representing the Port of Jacksonville, I fully understand how
important it is to efficiently and safely unload cargo and get it
moving to its final destination. As business continues to grow at ports
across America, it is becoming increasingly necessary to find
alternatives to trucking this increased cargo through towns and
communities. This pilot program is one option for transporting cargo
outside major urban areas, and we need to seek other solutions.
Mr. Chairman, I know that you addressed this issue, but can you tell
us a little bit more how this pilot program will work? Will it limit
itself to people in California, or would people in Jacksonville, all
over the country, be able to participate in this pilot program?
Mr. OBERSTAR. If the gentlewoman would yield, the language is very
broad. It says: Such sums as may be necessary to design and develop a
pilot electric conveyor system. But I think that is not limited to one.
That is broad enough language to be interpreted as to embrace more than
one such project. It would be done by the Department of Transportation
through the Federal Railroad Administration with appropriated funds.
But also, the applicant has the authority under existing law in the
SAFETEA-LU bill to apply for some of the $35 billion in railroad
infrastructure loan funding.
Ms. CORRINE BROWN of Florida. I thank the chairman.
Mr. ROHRABACHER. I yield myself the balance of my time.
Again, I would like to thank Chairman Oberstar for his support and
partnership in this. I would hope that we start with a demonstration at
the Port of Los Angeles/Long Beach, whereas it would take tens of
thousands of trucks off the road just there, but something that would
be a model for the rest of the country.
And let me also suggest that, as we have discussed, this is a project
that could well pay for itself and be done with having people who are
using the system pay back what the cost of the system is. So it is
something that we can work on and mold together in a way that will
really serve the environment and make our country more efficient.
Let me note that Juanita Millender-McDonald, who was the
Representative from Long Beach as well as myself, was a great supporter
of this concept. We talked many times on this. Maybe we will name it
after her in her memory. We miss her today. But Ms. Richardson who took
her place is very supportive of this as well, so we are working on this
as a team. I deeply appreciate this positive spirit on both sides of
the aisle, and ask my colleagues to support this amendment.
Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of the time.
Earlier, I said this project has a thousand fathers. I should have
said a thousand parents, because there are mothers and fathers in the
presence of the gentlewoman from Florida and the gentlewoman from
California, the newest member of our committee, Ms. Richardson.
And I love the gentleman's enthusiasm. Mr. Rohrabacher has from the
time we began discussing this project been a very vigorous and
knowledgeable supporter of the project. He has

[[Page H11694]]

also worked to bring local interests in to work with the Governor of
California. I think with this enthusiasm and with this broad bipartisan
and bicoastal interest, the Pacific Coast and the Atlantic Coast, that
we will see something happen. There is going to be a project resulting
from this when we get this legislation enacted.
Mr. Chairman, I yield back the balance of my time and ask for support
of the amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Rohrabacher).
The amendment was agreed to.
The CHAIRMAN. The question is on the committee amendment in the
nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Weiner) having assumed the chair, Mr. Pomeroy, Chairman of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 2095) to
amend title 49, United States Code, to prevent railroad fatalities,
injuries, and hazardous materials releases, to authorize the Federal
Railroad Safety Administration, and for other purposes, pursuant to
House Resolution 724, he reported the bill back to the House with an
amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole? If not, the question is on
the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.

{time} 1730

Motion to Recommit Offered by Mr. Sali

Mr. SALI. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. SALI. Yes, in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:

Mr. Sali of Idaho moves to recommit the bill H.R. 2095 to
the Committee on Transportation and Infrastructure with
instructions to report the same back to the House forthwith
with the following amendments:
Strike ``Federal Railroad Safety Administration'' each
place it appears and insert ``Federal Railroad
Administration''.
Page 80, after line 7, insert the following new section
(and amend the table of contents accordingly):

SEC. 617. FUNDING LIMITATION.

None of the funds made available pursuant to this Act or
the amendments made by this Act may be used to change the
name of the Federal Railroad Administration established under
section 103 of title 49, United States Code.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Idaho (Mr. Sali) is recognized for 5 minutes in support of his motion.
Mr. SALI. Mr. Speaker, Congress has a spending problem. The budget
passed earlier this year anticipates spending $2.9 trillion over the
next 12 months. That is more money than the total value of all goods
and services produced in Germany at $2.87 trillion, China at $2.52
trillion, or the United Kingdom at $2.34 trillion.
This spending problem is further evidenced by a whopping $9 trillion
national debt, a debt that can only be addressed by drastic change.
Those changes will only come as Congress prioritizes and makes tough
decisions, funding priorities and cutting wasteful spending.
Safety is an important issue. No one argues that point. But spending
taxpayer money to rename a 40-year-old agency is just plain ridiculous,
and yet, that is one of the things that this bill proposes to do.
The Federal Railroad Administration was created in 1966. Today's bill
proposes to change the name of the agency to insert the word ``safety''
renaming it the Federal Railroad Safety Administration. While this
sounds innocuous enough, it raises some very practical considerations
for spending the American taxpayers' money.
The Federal Railroad Administration has 837 employees. Printing new
business cards for everyone to reflect their new agency, at a cost of
$30 per person, will cost taxpayers more than $25,000.
Consider also that the agency has eight regional offices across the
country, all of which will require new signs to reflect the new agency
name. Again, this raises questions: How much taxpayer money will the
agency spend for these new signs?
How much taxpayer money will the agency spend to print new letterhead
to reflect this name change, an agency that spent nearly $200,000 in
printing costs last year?
How much taxpayer money will the agency spend issuing new regulations
that reflect this new name?
Mr. Speaker, the bottom line is this. While all of these expenses are
relatively modest in light of the $1.11 billion proposed to be
authorized by this bill over 4 years, this kind of spending is
unnecessary and, frankly, ridiculous.
If the point of this bill is safety, then why not spend the money on
safety? Don't spend the hard-earned money of American families and
individuals just to rename an agency. That type of spending is an out
and out waste of taxpayer money.
Yes, Congress has a spending problem. The only way Congress will cure
that problem is to prioritize, make tough decisions and learn, like
everyone else, how to live within a budget.
Let us spend money on the priorities that serve the American people
best. Let us save this kind of name-changing, sign-adjusting business
until a day that we have extra money and no deficit.
I urge my colleagues to vote against needless spending, and please
join me in voting for this motion to recommit.
I yield back the remainder of my time.
Mr. OBERSTAR. Mr. Speaker, I rise in opposition to this rather
frivolous amendment.
The SPEAKER pro tempore. The gentleman from Minnesota is recognized
for 5 minutes.
Mr. OBERSTAR. The only thing I can say for it is that I wish the
gentleman had been here in 1995 when the Republican majority forced
upon National Airport and the Washington Metropolitan Area Government
Authority, Airport Authority, the changing of the name to Ronald Reagan
Washington National Airport. And they did so, I say to the gentleman
from Idaho, with their finger in the nose of the authorities, saying
either you make the changes and you spend the money or we'll take your
money away from you. And they said it right here on this floor.
What was the purpose of changing the name of that airport? No useful
benefit.
We are creating a new safety emphasis for the Federal Railroad
Administration.
In 1996, this committee and this Congress created a Motor Carrier
Safety Administration. I didn't hear anybody jump up on the floor and
say, Oh, my God, it's going to cost money to change the stationery of
the agency.
Baloney. It doesn't cost any money at all. You just use up the
existing stationery you have and print new ones. It doesn't cost you
any new money. This is bogus. I have no idea where people get such
ideas as this.
But when it comes to some priority that some people on the other side
of the aisle had in previous Congresses, they shove it down the throat
of the Washington Metropolitan Airport Authority and say, You will
change the name on all the facilities. You will change, they said to
the National Park Service, signs leading to the airport, and you will
do it at your expense, at the Federal Government expense.
Here it's going to be a change of stationery. You run out of the
existing stationery they have and print new ones that says ``safety''
on it.
Maybe he's getting at something more sinister. Maybe the gentleman
doesn't want ``safety'' to be in the title of this agency. Maybe the
gentleman doesn't want, and anyone who votes for such an amendment,
doesn't want ``safety'' to be in the name of the agency that regulates
safety in the public interest.
Vote against this amendment. This is nonsense.

[[Page H11695]]

I yield back.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. SALI. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--yeas 198,
nays 222, not voting 11, as follows:

[Roll No. 979]

YEAS--198

Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bean
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Donnelly
Doolittle
Drake
Dreier
Duncan
Ehlers
Ellsworth
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gillibrand
Gingrey
Gohmert
Goode
Goodlatte
Graves
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hill
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Kaptur
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Latham
Lewis (CA)
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Mack
Mahoney (FL)
Manzullo
Marchant
Matheson
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McKeon
McNerney
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Terry
Thornberry
Tiahrt
Tiberi
Turner
Udall (CO)
Upton
Walberg
Walden (OR)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (FL)

NAYS--222

Abercrombie
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Doyle
Edwards
Ellison
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Frank (MA)
Gilchrest
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Jones (OH)
Kagen
Kanjorski
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
LaTourette
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Maloney (NY)
Markey
Marshall
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McHugh
McIntyre
McNulty
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Woolsey
Wu
Wynn
Yarmuth
Young (AK)

NOT VOTING--11

Ackerman
Carson
Conyers
Granger
Jindal
Johnson, E. B.
Matsui
McMorris Rodgers
Meek (FL)
Tancredo
Wilson (OH)

{time} 1803

Messrs. FILNER, BERMAN, CARDOZA, KAGEN, CARNEY, DAVIS of Illinois,
MARIO DIAZ-BALART of Florida, and ENGEL, and Ms. LORETTA SANCHEZ of
California, Ms. LINDA T. SANCHEZ of California, and Ms. HOOLEY changed
their vote from ``yea'' to ``nay.''
Messrs. TOM DAVIS of Virginia, UDALL of Colorado, TIBERI, and MACK,
and Ms. GIFFORDS changed their vote from ``nay'' to ``yea.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. OBERSTAR. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 377,
nays 38, not voting 16, as follows:

[Roll No. 980]

YEAS--377

Abercrombie
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baker
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Bean
Becerra
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Blunt
Boehner
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Butterfield
Calvert
Camp (MI)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carter
Castle
Castor
Chabot
Chandler
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Drake
Dreier
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Forbes
Fortenberry
Fossella
Frank (MA)
Frelinghuysen
Gallegly
Gerlach
Giffords
Gilchrest
Gillibrand
Gohmert
Gonzalez
Goode
Goodlatte
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Heller
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, Sam
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Markey
Marshall

[[Page H11696]]

Matheson
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Platts
Poe
Pomeroy
Porter
Price (NC)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)

NAYS--38

Barton (TX)
Blackburn
Broun (GA)
Burton (IN)
Buyer
Campbell (CA)
Conaway
Cubin
Culberson
Davis (KY)
Davis, David
Doolittle
Duncan
Flake
Foxx
Franks (AZ)
Garrett (NJ)
Gingrey
Hensarling
Herger
Jordan
King (IA)
Kingston
Lamborn
Linder
Marchant
McHenry
Musgrave
Myrick
Paul
Pence
Pitts
Price (GA)
Sali
Sensenbrenner
Sessions
Shadegg
Wamp

NOT VOTING--16

Ackerman
Berman
Carson
Conyers
Gordon
Granger
Jindal
Johnson, E. B.
Lowey
Matsui
Meek (FL)
Pryce (OH)
Serrano
Smith (WA)
Tancredo
Wilson (OH)

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). Members are reminded there
are 2 minutes remaining on this vote.

{time} 1810

Mr. ROYCE changed his vote from ``nay'' to ``yea.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________