[Congressional Record Volume 154, Number 157 (Monday, September 29, 2008)]
[Senate]
[Pages S10031-S10037]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            FEDERAL RAILROAD SAFETY IMPROVEMENT ACT OF 2007

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of the House message to accompany H.R. 
2095, which the clerk will report.
  The legislative clerk read as follows:

       Message from the House of Representatives to accompany H.R. 
     2095, entitled an Act 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.

  Pending:

       Reid amendment No. 5677 (to the motion to concur in the 
     amendment of the House of Representatives to the amendment of 
     the Senate to the bill), to establish the enactment date.
       Reid amendment No. 5678 (to amendment No. 5677), of a 
     perfecting nature.

  The ACTING PRESIDENT pro tempore. Under the previous order, the time 
until 12:15 will be controlled by the Republican leader, and the time 
from 12:15 until 12:30 will be controlled by the majority leader.
  The Senator from Texas is recognized.
  Mrs. HUTCHISON. Mr. President, I rise to talk about the rail safety 
and Amtrak authorization bill. This is a bill that I think will move 
forward a major alternative option for our passengers and for the 
mobility of our country--Amtrak.
  Most people think of Amtrak as the Northeast corridor, and going from 
Boston all the way through New York and Washington and on down through 
Florida. That is a very important route. In fact, that route has more 
than 2,600 trains operating every day. So it is a major part of our 
transportation infrastructure in what is called the Northeast corridor.
  However, we have a national system for Amtrak as well. It is a 
national system that goes, of course, down the east coast, as I 
mentioned, but it also goes down the west coast. It goes all the way up 
and down the west coast. It has lines that go across the top of our 
country, across the bottom of our country east to west, and right down 
the middle, what is called the Texas Eagle, which goes from Chicago, 
down through St. Louis, down into Texas, and across to San Antonio, 
where it meets the Sunset Limited, which goes from California to 
Florida.
  So we have the skeleton of a national system. It is a system we must 
preserve. It is a system that has become more and more of an option as 
gasoline prices have increased. We saw how many people went to train 
use after 9/11, when the aviation industry was shut down. It is 
something we must support and keep.
  Now we are increasing ridership every year. During fiscal year 2007, 
25.8 million passengers, representing the fifth straight fiscal year of 
record ridership, boarded Amtrak. Ridership is up 7 percent more over 
this time last year, as people have gone to the trains because of the 
high gasoline prices.
  This bill authorizes $2.6 billion annually over 5 years. It 
authorizes that amount. In Congress we authorize, and then the 
appropriations come later on an annual basis. And $2.6 billion would be 
the ceiling for the next 5 years for Amtrak. But to put this in 
perspective, when we are talking about alternatives in our 
transportation system, we have authorized, in SAFETEA-LU, the highway 
authorization bill, $40 billion. The FAA bill, introduced in this 
Congress, proposes to invest $17 billion annually in aviation. Last 
year we passed a Water Resources Development Act authorizing $23 
billion over the next 2 years.
  We are talking about $13 billion over 5 years--$2.6 billion each 
year, which is the very least of the authorizations of any of our 
transportation systems. If included with the number of passengers 
served by our aviation industry, in 2007, Amtrak would rank eighth in 
the number of passengers served, with a market share of right at 4 
percent. There are nearly twice as many passengers on an Amtrak train 
as on a domestic airline flight.
  So we have crafted a bill--and I have to tell you honestly, this is 
not my bill. Actually, it started with Trent Lott. Senator Lautenberg 
on the majority side now has continued to be a leader in this field. I 
support the bill Frank Lautenberg and Trent Lott negotiated because it 
is right for our country. I have always said, for me, Amtrak is 
national or nothing.
  There was a time in this Congress when nobody ever talked national. 
They only talked about saving the Northeast corridor. Of course, that 
is the rail line that is owned by Amtrak. The other rail lines mostly 
are not separated, although I would like to see that changed. But we 
are using freight rail, and we are at the behest of the freight rail 
lines. So it is not as efficient. But it is very important we keep 
those relationships and work toward having the separate lines on those 
rail rights of way. Today, we are talking about a national system.
  There was a time when we only talked about the Northeast corridor.

[[Page S10032]]

But many of us who are on the national lines, who have been supportive 
of the Northeast corridor, said: Wait a minute. We cannot create a 
stepchild in the rest of the country. If my taxpayers in Texas and 
Trent Lott's taxpayers--now Thad Cochran's and Roger Wicker's 
taxpayers--are subsidizing Amtrak in the Northeast corridor, we want to 
have a chance at the national system because it has so much potential 
to work with States and cities to use mass transit systems that feed 
into the national system, and it will help all of us with mobility. In 
fact, all of those who support the Northeast corridor have been very 
supportive also of the national system.
  We have had a partnership in Congress for the last 10 years that I 
have been here to make sure we are making Amtrak financially 
responsible with the least amount of Federal help of any of the 
transportation modes. Highways are $40 billion a year. We are $2.6 
billion a year. So we have a bill that has been crafted, I think, in 
the very most responsible way. I recommend it, and I appreciate very 
much the opportunity to take this bill as we have crafted it, with a 
lot of give and take, and recommend to the Congress and the Senate we 
pass it today.
  Mr. President, I wish to yield up to 5 minutes to the distinguished 
senior Senator from the Acting President pro tempore's home 
Commonwealth of Virginia, one who I have to say has been a longtime 
supporter of Amtrak and has been such a leader in this Congress. This 
is his last term in Congress. He has decided not to seek reelection. He 
is someone who has been a leader not only on Amtrak but certainly on 
our military affairs for our country, the man whom we call the squire, 
the senior Senator from Virginia.

  The ACTING PRESIDENT pro tempore. The senior Senator from Virginia.
  Mr. WARNER. Mr. President, I thank my long-time friend and colleague 
in the Senate, the Senator from Texas. For so many reasons she is a 
real leader on our team, on the team of leadership.
  But how many times, if I might ask the Senator from Texas, have you 
taken this bill to the floor of the Senate on behalf of Amtrak, rail 
safety, Metro? Would you mind telling us how many times?
  Mrs. HUTCHISON. I say to Senator Warner, thank you. It is my pleasure 
to have supported Amtrak from the day I walked in the door 15 years 
ago. I think the partnership between the Northeast corridor supporters 
of Amtrak and the rest of the country supporters has created a much 
stronger system. We are seeing that in the ridership. I think if we 
make the commitment to Amtrak we make to the other modes of 
transportation, it will be better for our whole country and give more 
options to the people of our country.
  Mr. WARNER. Mr. President, I recognize that great contribution, but I 
wanted it a part of the Record.
  I say to my long-time friend, Mr. Lautenberg, the distinguished 
senior Senator from New Jersey, I hope in your remarks you will recite 
how many times you have gone to the floor on behalf of people seeking 
the needs of not only Amtrak but the rail safety and the Metro funds 
which are in this bill this time.
  These two Senators have been the engine on this very important piece 
of legislation. The distinguished Acting President pro tempore and I 
are proud to represent Virginia, one of the beneficiaries of this 
system. But I have also tried through my many years in the Senate to 
have a voice for the District of Columbia.
  This Amtrak as well as the Metro funds in here are the pulse beat, 
the arteries which feed the Nation's Capital. Some 40 to 50 of the 
various Government agencies serving our Nation are accessed with 
Amtrak. I say to my colleagues in the Senate, all 100 Senators--all 100 
Senators--have staff members and the families of staff, and ourselves, 
who very often utilize the Metro system and indeed access part of the 
Amtrak system. This is a 10-year funding for the Metro for capital 
improvement and operating.
  Mrs. HUTCHISON. Mr. President, will the Senator yield?
  Mr. WARNER. Yes.
  Mrs. HUTCHISON. Mr. President, I wish to say on that point, the 
distinguished senior Senator from Virginia has mentioned how important 
the Metro part of it is. I think he has represented so well the 
interests of all the people who live and work in Virginia, Maryland, 
and the District of Columbia.
  It also applies, I would expand, to the visitors to our capital 
because the rail line on Amtrak that goes from Baltimore Airport to the 
District, our capital, and from Washington National Airport to our 
capital, has been so helped by having this kind of service from Amtrak 
at National Airport or Baltimore to be able to get on that train and 
come visit our capital. That is a mode of transportation that is used 
by the millions of visitors who come to visit our capital.
  This is part of the mobility we provide to people who bring their 
families here. It is the most efficient and least costly way to get 
into the District to show children the opportunity to see our 
capital. I appreciate the senior Senator from Virginia pointing out 
that this is part of our responsibility.

  The ACTING PRESIDENT pro tempore. The Senator from Virginia.
  Mr. WARNER. Mr. President, I wish to add that this system, the Metro 
system, is a feeder to the Amtrak. It was started in 1960 under 
President Eisenhower. Each year, the Congress has been a supporter of 
this system. But key to this--and I compliment my colleagues in the 
House, Congressmen Moran and Davis--are the matching funds from each 
State, so the portion of authorization we seek for Metro in this would 
be matched by the several States and the District of Columbia.
  Mr. President, I intend to cast a ``yea'' vote on cloture on the 
motion to concur with the House amendment to the Railway Safety-Amtrak 
bill. I believe this legislative package is critical for so many 
reasons.
  Of highest importance to me, though, is a much-needed authorization 
of $1.5 billion over 10 years for the Washington Metropolitan Area 
Transit Authority, WMATA, the Metro system that probably brought a 
majority of our staffers to work this morning.
  WMATA has been one of the Washington, DC, metro area's most 
successful partnerships with the Federal Government.
  In 1960, President Eisenhower signed legislation to provide for the 
development of a regional rail system for the Nation's Capital and to 
support the Federal Government. Since 1960, Congress has continually 
reaffirmed the Federal Government's commitment to Metro by passing 
periodic reauthorizing bills.
  Over half of Metro's riders at peak times are Federal employees and 
contractors, and a large percentage of these riders are Virginia 
residents.
  Based on Metro's 2007 Rail Ridership Survey, approximately 40 percent 
of respondents identified themselves as Federal workers who ride 
Metrorail to work. 39 percent of that group identified themselves as 
Virginia residents.
  We are talking about thousands of cars taken off the major roadways 
each day because of our area's Metro system.
  Metro's record riderships have occurred during historic events where 
people from all over the country flock to the Nation's Capital to honor 
their Federal Government: President Reagan's funeral, Fourth of July 
celebrations, Presidential inaugurations. In addition, the Metro system 
proved indispensable to the Federal Government and the Nation's Capital 
generally in the aftermath of the terrorist attacks of September 11, 
2001.
  Over 50 Federal agencies in the National Capital Region are located 
adjacent to Metro stations. Federal agencies rely on WMATA to get their 
employees to and from the workplace year-round, in all types of 
weather.
  As I mentioned, the Railway Safety-Amtrak bill includes $1.5 billion 
in Federal Transit Authority funding over 10 years for capital and 
preventative maintenance projects for WMATA. This language was added by 
voice vote to the Amtrak bill by my delegation mate, Congressman Tom 
Davis, as a floor amendment during the House's Amtrak debate over the 
summer.
  These dollars will be matched by the Commonwealth of Virginia, 
Washington, DC, and the State of Maryland.
  This critical investment will help provide for much-needed 
improvements to this stressed transit system. Projects such as station 
and facility rehabilitation and tunnel repairs will be undertaken.

[[Page S10033]]

  These funds will also allow WMATA to add new rail cars and buses to 
help congestion during peak hours.
  This critical legislation, which would authorize much-needed Federal 
funding, contingent on State and local dedicated matches, recognizes 
how vital Metro is to the region and the Federal Government.
  Such legislation is integral to the well-being of the area's 
transportation system, as we struggle to address traffic congestion, 
skyrocketing gas prices, global climate change, and the local quality-
of-life concerns.
  From its inception, the Federal Government has played a significant 
role in funding the construction and operation of the Metrorail system. 
I hope this Congress will continue to show that support.
  I ask my colleagues to join me in voting ``yes'' for WMATA today.
  Mr. LAUTENBERG. Mr. President, I rise today to ask my colleagues to 
join me in voting for cloture on this important rail safety and Amtrak 
reauthorization bill. I am pleased to be doing this with the 
distinguished Senator from Texas, Mrs. Hutchison, and am particularly 
delighted to have the chance to share in the twilight area of the 
distinguished career of the senior Senator from Virginia on this issue. 
John Warner and I have been friends for many years. We both had some 
military experience in World War II, and Senator Warner went on to 
Korea to continue his duty. We are grateful for not only his duty in 
the military but his service to the country. Senator Warner is a man 
with balance and sensitivity. It doesn't mean he always agrees, and 
when he doesn't, you know that. He is not hesitant to let you know that 
he disagrees, but he always does it as a gentleman and always with a 
courtly touch, if I might say.
  So I am pleased to be here and to have his interests in taking care 
of the District of Columbia, the State of Virginia, and the State of 
Maryland in terms of having the kind of rail service that is essential 
now.
  The ACTING PRESIDENT pro tempore. The Senator from Virginia.
  Mr. WARNER. Mr. President, if the Senator would yield, I would just 
express my appreciation and thanks to the Senator from New Jersey. 
After 30 years in the Senate, much of that time has been spent working 
with him on a wide range of issues, many of them international issues 
of great importance. But I am always happy to come back to the 
fundamentals of what makes this institution work, and that is our staff 
and employees and others who are dependent upon this system. I thank 
the Senator.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that I be 
given 2 minutes for Senator DeMint. I overlooked his coming to the 
floor. It is my fault. I ask unanimous consent for 2 additional minutes 
and also to give the other side 2 additional minutes.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered.
  The Senator from New Jersey is recognized.
  Mr. LAUTENBERG. Mr. President, when we look at railroads and the role 
they serve in our country, it is interesting to see that we are now 
fighting for having better rail service when we are practically 
overwhelmed with demand for it. However, on an average day in America, 
two people are killed and more than 24 injured in railroad-related 
accidents.
  The recent Metrolink collision in Chatsworth, CA, that killed 25 
people and injured 135 serves as a tragic reminder that we must act to 
protect the millions of passengers who ride trains each day in this 
country. Yet Federal rail safety programs have not been reauthorized 
since 1994. Some railroad employees are working under laws that date 
back over a century ago. It is critical that we bring our safety laws 
into the 21st century for travelers, for the rail workers, and our 
country's railroads.
  Under the leadership of Senator Inouye and the Commerce Committee, 
working in a bipartisan fashion, we held two hearings to gain input 
from the administration, large and small railroads, and rail workers. 
We were very careful with that. The bill we put together was reported 
out of committee unanimously. It passed then unanimously on the Senate 
floor last month.
  The bill before us today continues an agreement between the Senate 
Commerce Committee leaders and our counterparts in the House which also 
passed a rail safety bill. It requires new lifesaving technologies such 
as positive train control, also called PTC systems. Federal accident 
investigators say this technology could have made a difference in this 
month's California crash.
  Our bill updates the hours of service laws to ensure that train crews 
and signal workers get sufficient rest to remain alert and reduce 
fatigue.
  It gives the Federal Railroad Administration the tools to better 
oversee the safety of the rail industry, including more inspectors and 
higher penalties for violations of Federal safety laws. In all, the 
rail safety improvements in this bill are long overdue for workers, for 
the industry, and for Federal regulators.
  In addition to the rail safety legislation, this bill reauthorizes 
Amtrak for the first time since 1997. As with rail safety, the Senate 
has passed legislation on this already in this Congress by an 
overwhelming bipartisan vote on the Senate floor last October. I 
coauthored that bill with Senator Lott, and it reflects our shared 
vision for expanding the use of passenger trains in the United States. 
We held several hearings on this bill and received input from Amtrak, 
freight railroads, the States, and rail labor.
  Since we were blocked from going to conference and reconciling the 
differences with the House Amtrak bill, we worked out a bipartisan, 
bicameral agreement with our House counterparts. This portion of the 
bill before us today substantially changes our Federal policy toward 
passenger rail travel. It provides the funding that Amtrak needs to 
succeed as a real option for travelers. Included in this funding is a 
new $2 billion grant program for States to pursue passenger rail 
projects. In all, this bill would authorize over $2.5 billion each year 
for Amtrak, but it includes the States also for the next 5 years. I say 
``includes the States also'' because it gives the States an opportunity 
to establish their own rail corridors that have so much interest now. 
This level of funding will allow more passenger trains to serve more 
travelers, will create infrastructure-related jobs in America, and will 
allow Amtrak to make long-term growth plans.
  With this investment also comes more accountability. Our bill 
contains significant reforms, many called for by Senators who have not 
always supported Federal funding for Amtrak. These reforms will require 
the railroad to improve its efficiency and management by mandating a 
new financial accounting system, requiring States to pay for those 
Amtrak services they get, and considering passenger trains run by 
freight railroads. Our bill also allows private firms to submit 
proposals to build new high-speed lines where there is interest, which 
allows for a full public discussion of this potential.
  Both the rail safety and the Amtrak portions of this bill are needed 
and long overdue. Since we last passed rail safety legislation, more 
than 9,000 people have been killed and more than 100,000 have been 
injured in train-related incidents. Think about that. Here we are, we 
are having a little battle about this, when we can be saving lives, 
making people more comfortable in their travel, and making rail service 
more reliable.
  Since we last passed Amtrak legislation, gas prices, everyone has 
noticed, have tripled, highways have gotten more crowded, and we have 
suffered two of the worst years ever for flight delays. The House took 
up this bill and passed it on a bipartisan voice vote last week. Now 
the Senate needs to invoke cloture, pass this bill, and send it to the 
President for his signature.
  I ask that all Senators let us proceed to this question and help 
travelers, the rail workers, States, and the American railroad and 
supply companies in this critical industry.
  Mr. President, what is the time situation please?
  The ACTING PRESIDENT pro tempore. With the additional time granted, 
the majority now has 7 minutes 10 seconds, and the minority has 2 
minutes.
  Mr. LAUTENBERG. Mr. President, our bill will result in a 
substantially safer railroad industry. In recognition of this, the 
Association of American Railroads and many railroad labor

[[Page S10034]]

unions together strongly support our bill.
  Our bill will expand the resources of the Federal Railroad 
Administration, the agency which regulates railroads for safety. It has 
provisions which would authorize 200 more inspectors and raise the 
maximum amounts for civil penalties that the agency can levy for 
violations of our safety laws. These violations can cost up to $100,000 
each.
  Too often it takes a catastrophe to get people around here to focus 
on severe gaps in our laws. Regrettably, earlier this month, America 
experienced that kind of tragedy. The accident took place in 
Chatsworth, CA. That train collision was only a couple of weeks ago--
September 12, 2008. The devastation we see here, including the loss of 
life and the number of injuries, is unacceptable if we can do anything 
about it, and we can.
  We also owe it to the residents in communities such as Graniteville, 
SC. This was January 6, 2005. They had nine fatalities. We want to make 
sure these things don't happen again. In 2005, we had over 5,400 people 
evacuated from the area surrounding the accident to avoid the fog of 
deadly chlorine. Had this accident happened any later that morning, the 
consequences would have been much worse. Factory workers would have 
been at work in nearby mills and schoolchildren would have been in the 
nearby schools. So we owe it to the memory of those people to pledge 
that wherever we can avoid this kind of thing happening, we must do it.
  We also owe it to the people of Luther, OK, who last month watched 
this massive fireball erupt after a train derailed and caused ethanol 
tanks to explode. Look at that picture. You can't see the train. That 
is what happened. We have to be better prepared to prevent these things 
from happening.
  These are not trivial improvements we are talking about today in this 
legislation. I hope we can quickly finish our work on this bill and get 
sent to the President's desk for enactment, so that we can avoid the 
kinds of tragedies that we know are possible.
  Mr. WEBB. Mr. President, I rise today in support of the Federal 
Railroad Safety Improvement Act, H.R. 2095, which reauthorizes our 
Federal passenger rail program and contains a provision that would 
provide much needed funding for the Washington Metropolitan Area 
Transit Authority, WMATA.
  I am a proud original cosponsor of the Amtrak reauthorization 
legislation, which seeks to improve the safety, efficiency, and 
reliability of our Nation's largest passenger rail service provider. 
With increasing traffic congestion on our Nation's roadways, it is time 
to invest in long-term and diversified infrastructure projects that 
improve passenger rail service. I have long stated my belief that 
America has been seriously neglecting its infrastructure, and I am 
pleased that this bill puts us on the path to making a renewed 
investment in passenger rail service. Notably, the bill before us today 
authorizes $13 billion for Amtrak over 5 years and includes $1.5 
billion to develop high speed rail corridors throughout the United 
States, including the Southeast corridor which will connect Washington, 
DC, to Charlotte, NC.
  However, most importantly the legislation before us includes a bill 
that many of us in the Maryland and Virginia delegations have long been 
pushing for a long time. I want to thank Chairman Lautenberg and his 
staff for working with me and my colleagues to include the National 
Capital Transportation Amendments Act of 2007, S.1446.
  In short, the Metro funding provision would authorize $1.5 billion 
over 10 years for Metro to finance capital and preventive maintenance 
projects for the Metrorail system. The Federal funding would share the 
funding burden with the States because the money would be contingent on 
the District of Columbia, Maryland, and Virginia jointly matching the 
Federal contribution toward Washington Metro's capital projects.
  Appropriate funding for the Metro system is critically important to 
our Federal workforce, the millions of tourists who visit our Nation's 
Capital area, as well as the millions of people who live around 
Washington, DC. I have worked diligently with my Senate and House 
colleagues over the past 2 years to pass this legislation, and I ask my 
colleagues to help secure passage of this provision in the Amtrak 
authorization bill.
  Metrorail and Metrobus ridership continue to grow as more than 1 
million riders on average per weekday choose Metro as their preferred 
mode of transit for traveling around the National Capital Region. As 
the price of gasoline has soared, more people are turning to Metro as 
their primary mode of transportation. I would note that in fiscal year 
2008, there were 215 million trips taken on Metrorail, which is the 
highest yearly total ever. This represents an increase of 4 percent 
over last year. In fact, 31 out of 34 of Metrorail top ridership days 
have occurred since April of this year. On Metrobus, there were 133 
million trips taken, an increase of 1.4 million relative to 2007, and 
also the highest yearly total ever. New funding authorized in this 
legislation would provide the necessary resources to increase bus and 
rail capacity and meet forecasted ridership demands before the system 
and region become totally mired in congestion.
  The Federal role in supporting Metro is clear, with a long track 
record to draw upon. Washington Metro began building the rail system in 
1969 with Federal funding authorized under the National Capital 
Transportation Act of 1969. On two separate occasions, Congress has 
authorized additional funding for Metro construction and capital 
improvements. According to a 2006 Government Accountability Office 
report:

       WMATA provides transportation to and from work for a 
     substantial portion of the federal workforce, and federal 
     employees' use of WMATA's services is encouraged by General 
     Services Administration guidelines that instruct federal 
     agencies to locate their facilities near mass transit stops 
     whenever possible. WMATA also accommodated increased 
     passenger loads and extends its operating hours during events 
     related to the federal government's presence in Washington, 
     DC, such as presidential inaugurations and funerals, and 
     celebrations and demonstrations on the National Mall.

  In fact, during rush hour, Federal employees account for over 40 
percent of Metro ridership. The Metro system was also critical to the 
evacuation of Washington, DC, following the 2001 terrorist attacks. 
Metro was deemed a ``national security asset'' in a Federal security 
assessment conducted after 9/11. In short, the operation of the Federal 
Government would be nearly impossible without the Metro system and the 
Federal Government's emergency evacuation and recovery plans rely 
heavily on Metro.
  The future of Metro and its continued success relies upon consistent 
support from the Federal Government and the regional localities it 
serves. Now is the time for the Federal Government to commit itself to 
providing more long-term Federal funding for the Washington Metro 
system. Together, along with our jurisdictional partners, we must 
continue to invest in the transit system that has brought so many 
benefits not only to the region but also to the Federal Government and 
the entire Nation. I urge my colleagues to support passage of this 
bill.
  The ACTING PRESIDENT pro tempore. The Senator from South Carolina is 
recognized for 2 minutes, and that time will be charged to the 
minority.
  Mr. DeMINT. Mr. President, I do appreciate the leadership on this 
bill. I am particularly honored to serve with John Warner. He has been 
involved with so many great victories here, great leadership. He will 
certainly be missed.
  I don't want to be the one to rain on the parade here because I 
certainly know there are some good improvements in this bill. 
Obviously, there is some disagreement whether this bill should go 
through. The Heritage Foundation calls it the biggest earmark in 
history. We do have to recognize that with this, on top of the over $20 
billion in earmarks we passed last week, the American people have to be 
looking in on us and asking, What are they thinking?
  If we adopt this cloture motion, we are setting up 30 hours of debate 
on what I am sure to many is an important bill, but this is in a time 
when we are talking about a financial crisis of proportions we have not 
seen since the Great Depression. We have instilled panic in the 
American people, and people are working around the clock to determine 
whether we should spend $700 billion to intrude into the private 
markets.

[[Page S10035]]

  To take 30 hours during this time is to suggest to the American 
people it is business as usual here while we have a crisis and panic on 
the outside. I encourage my colleagues to let's put this off until 
later. Whether you support it or you don't, this is not the time to 
tell the American people one thing and to proceed as it it is business 
as usual. We should not be spending 30 hours of debate on an Amtrak 
bill, with the pork that has been added to it, at a time when we need 
to be addressing a crisis in America.
  I thank the leadership for all their work on this bill.
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  Mr. DeMINT. I yield the floor.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mrs. BOXER Mr. President, due to the Jewish holidays, I am 
unable to attend the cloture vote today on the Federal Railroad Safety 
Improvement Act.
  However, I want to take this opportunity to express my support for 
this important piece of legislation that will have a significant impact 
on rail safety for my State of California and our Nation.
  On September 12, a Union Pacific freight train collided head on with 
a Metrolink commuter train during rush hour in Chatsworth, CA. This 
tragedy claimed 25 lives, and injured 135 people, many of whom have 
sustained lifelong injuries.
  This was a senseless tragedy that did not have to occur. Several 
safety measures could have been employed to help avert this tragedy, 
including the implementation of positive train control, PTC, systems on 
single tracks shared by commuter and freight rail.
  The National Transportation Safety Board has called for the 
implementation of positive train control systems since the inception of 
its Most Wanted Transportation Safety Improvements list in 1990. In its 
most recent list, the NTSB states:

       The board believes . . . positive train control is 
     particularly important in places where passenger trains and 
     freight trains both operate.

  That is why I joined Senator Feinstein in introducing legislation 
after the accident that would require positive train control systems to 
be implemented by 2014 nationwide and in areas of high risk by 2012.
  While I would have preferred that the Federal Railroad Safety 
Improvement Act mandate positive train control in high risk areas by 
2012, I am pleased this bill takes a step in the right direction by 
giving the Federal Railroad Administration, FRA, the authority to 
require the implementation of PTC sooner than 2015.
  I also believe the Federal Railroad Safety Improvement Act makes key 
advances to address other necessary safety improvements.
  In addition to requiring the implementation of positive train control 
systems on rail lines used by passenger trains and trains carrying 
hazardous materials, the bill authorizes $250 million in grants for 
States and railroad carriers to aid in the deployment of PTC systems 
and other rail safety technology.

  The legislation also revises work hours for train crews and signal 
employees by requiring an uninterrupted off-duty period of 10 hours 
between shifts, a total monthly cap of 276 hours for train crew work 
hours, and creates the first mandatory ``weekend'' for railroad 
employees by requiring consecutive days off.
  The Senate has an opportunity to vote this week on the first 
comprehensive rail safety bill since 1994 and send a clear message to 
Americans that we have taken action to protect the public by making 
rail safety a priority.
  In light of the recent rail tragedy in southern California, there is 
no excuse for failing to pass rail safety legislation.
  This month, I hosted a Commerce Committee briefing on the rail 
accident. What became clear at this briefing was that the FRA has had a 
lax attitude toward rail safety oversight in recent years and that 
Congress must act now to assure the public's concerns and ensure the 
safety of commuter rail.
  In the wake of the California rail tragedy, this is not the time to 
have a partisan debate over increased regulation of rail safety 
intended to protect passengers.
  Commuter rail systems across the nation need resources and oversight 
by FRA to keep Americans safe.
  As gas prices continue to rise and more and more families turn to 
public transit, we must take additional steps to ensure the safety of 
our commuters.
  Our colleagues in the House have acted in support of this 
legislation. Now is the time for the Senate to act so that we can begin 
to take the steps necessary make our rail commuter and freight rail 
lines safer.
  I look forward to continuing to work with my Senate colleagues on 
this important issue in the next Congress.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mr. NELSON of Florida. Mr. President, with gas prices as high 
as they are in our country, rail is becoming a more popular mode of 
transportation. As we find ourselves dealing with more trains on the 
rails, with crews being asked to work longer hours and make more trips, 
it is imperative that we ensure these operations are conducted safely.
  The Federal Railroad Safety Improvement Act would make sure that rail 
crews are properly rested and that hazardous materials are properly 
secured. It also includes critical improvements to our rail 
infrastructure at bridges and grade crossings. I regret that I could 
not be here to cast my vote on Monday, but if I were here, I would have 
voted in favor of cloture. This bill deserves an up-or-down vote 
because the American people deserve a safe rail transportation 
system.
  Mrs. FEINSTEIN. Mr. President, I rise to speak in support of the Rail 
Safety Improvement Act, which passed the House of Representatives last 
week by voice vote. This legislation is necessary in order to make our 
rail lines safe. I encourage my colleagues to support it.
  First, I thank Chairman Inouye, Chairman Lautenberg, and Senator 
Hutchison for their terrific leadership on this important bill. They 
worked in a bipartisan fashion to advance the first comprehensive rail 
safety bill since 1994. I appreciate their genuine efforts to make 
America's rail system as safe as possible.
  The Rail Safety Improvement Act would prevent train accidents by 
deploying new safety technology.
  It would also take steps to minimize train worker distraction and 
fatigue, and it would help those impacted by accidents.
  Finally, it would invest in the future of rail, in which I firmly 
believe.
  Let me explain what this bill does. After years of delay, this bill 
will mandate and authorize new funding for the installation of advanced 
train collision avoidance systems known as positive train control. It 
will also address grade crossings--establishing a grant program to fund 
improvements at crossings with a history of deadly collisions.
  This bill will limit trainmen shifts to 12 hours, preventing tired 
engineers from falling asleep at the throttle; it will establish new 
hours of service rules tailored to ensure commuter rail line workers 
are rested; it will improve training for those who work the rails, and; 
it will permit the Federal Railroad Administration to ban cell phone 
use and other distractions.
  The bill will create a program to assist victims and their families 
involved in passenger rail accidents.
  The bill will also lay out a path that will guide the future of rail 
in America. It invests in Amtrak; it establishes competitive grants to 
expand the existing rail network into new areas; and it establishes 
significant Federal support for developing high speed rail in the 
United States.
  This legislation is necessary and long overdue. Congress has not 
reauthorized the Federal Railroad Administration--the FRA--since 1994, 
and without congressional guidance FRA has failed to respond to the 
National Transportation Safety Board's repeated calls for improvements. 
For example: NTSB has called for positive train control collision 
avoidance systems since the 1970s, and NTSB has called on FRA to ban 
the use of cell phones by engineers on duty since 2003. Without 
guidance from Congress, the FRA has done neither.
  Beyond the calls made by NTSB, in California, three deadly crashes 
involving the Metrolink commuter rail system since 2002 demonstrate 
that the FRA needs a new mandate.

[[Page S10036]]

  In 2002, a freight train in Orange County, CA, ran a signal and 
crashed into a stopped commuter train, killing three and injuring 
hundreds. NTSB found the collision would have been prevented by 
Positive Train Control, but nothing changed.
  In 2005, a Metrolink train hit a vehicle left on the tracks at a 
highway rail intersection. This crash, which killed 11 southern 
Californians, was not unique. Such intersections lead to an average of 
3,081 collisions and 368 deaths each year.
  Seventeen days ago in Chatsworth, a Union Pacific freight train 
collided head-on with a Metrolink commuter train carrying 225 people 
headed home for the weekend. Twenty-five people died and 135 were 
injured.
  In response to this terrible tragedy, I joined with Senator Boxer to 
introduce legislation requiring positive train control systems on 
America's trains--with priority given to high-risk routes where 
passenger and freight trains share the same tracks.
  How can we have fully loaded freight and passenger trains traveling 
on the same track in opposite directions with nothing more to prevent a 
collision than signals and the attentiveness of a single engineer?
  How can we apply 19th century safety systems to a very serious modern 
day problem?
  This is a particularly acute issue in California, which has a great 
deal of single track, heavily traveled rail.
  Mr. President, 41 percent--51 of the 125-mile--Los Angeles to San 
Diego Amtrak and commuter rail corridor is single track. This is the 
second most heavily traveled passenger rail line in the United States. 
On the Amtrak and commuter rail line from L.A. north to Santa Barbara 
and San Luis Obispo, 80 percent the track is single-tracked--177 of 225 
miles, with only limited passing sides. Also 88 percent--75 of 85 
miles--of the Altamont Commuter Express commuter rail linking Stockton 
and San Jose is single track.
  In California, we cannot afford to wait for crash avoidance systems 
to come down in cost. We need action now.
  Let me point out for a minute how positive train control works.
  Every train's position is tracked through global positioning, which 
is new technology that can monitor its location and speed. These 
systems constantly watch for excessive speed, improperly aligned 
switches, whether trains are on the wrong track, unauthorized train 
movements, and whether trains have missed signals to slow or stop.
  Each train also has equipment on board that can take over from the 
engineer if the train doesn't comply with the safety signals. The 
system will override the engineer and automatically put on the brakes.
  Versions of these systems exist and are in use today. They are in 
place in the Chicago-Detroit corridor and Amtrak has a system in the 
Northeast corridor. San Diego has a more simple system, known as 
Automatic Train Stop, which has been in existence since the 1940s and 
would have probably prevented the Metrolink's most recent deadly crash. 
But the railroad industry resists these collision prevention systems. 
They ask for more time. They say that the technology is still being 
developed.
  By enacting the Rail Safety Improvement Act, Congress will 
demonstrate that it gets the message that positive train control will 
save lives. This legislation includes key parts of the Rail Collision 
Prevention Act that Senator Boxer and I introduced.
  The positive train control systems mandated by this bill will prevent 
40 to 60 train crashes a year and save lives.
  And FRA will have the power to issue civil penalties if the systems 
are not in place.
  While the bill that Senator Boxer and I introduced would have 
required collision avoidance systems on high risk track to be in place 
earlier than this legislation, the Rail Safety Improvement Act is 
nevertheless a major step in the right direction.
  The FRA will have the power to move deadlines up on the highest risk 
rail routes, and I fully expect FRA to impose aggressive deadlines on 
single track, heavily traveled rail lines.
  I believe we must do all we can to see that the Senate acts on it 
before the session comes to a close.
  I believe rail has a bright future in America but only if the 
public's safety is assured.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that Senator 
Specter be given 2 minutes.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from Pennsylvania is recognized for 2 minutes.
  Mr. SPECTER. Mr. President, this legislation is vital for the 
infrastructure of America. Amtrak provides an indispensable service. 
Contrary to assertions, there is much in this bill which provides for 
reform: a greater role for the private sector by allowing private 
companies to bid and operate underperforming Amtrak routes; requires 
Amtrak to establish and improve financial accounting; requires Amtrak 
to consult with the Surface Transportation Board, freight railroads, 
and the FRA.
  Most of all, when the Senator from South Carolina comments about this 
is an earmark, this is thoughtfully considered legislation by both 
Houses of the Congress. It has been held up by the technical refusal of 
some Senators to allow conferees to be reported. But this sort of gives 
lie to the whole challenge of earmarks as a generalization. Of course, 
if it is a bridge to nowhere or some provision slipped into a bill by a 
single Member which does not have any merit, but where you have the 
Congress of the United States authorized by the Constitution to 
appropriate, this is thoughtful authorization of funds.
  If this is an earmark, then those who condemn earmarks in their 
totality are absolutely dead wrong and nothing proves it as 
conclusively as saying that the Amtrak legislation is an earmark, when 
it has been carefully considered by both Houses of Congress, which is 
our constitutional responsibility and our constitutional authority.
  I urge my colleagues to support this bill.
  The ACTING PRESIDENT pro tempore. The majority leader.
  Mr. REID. Mr. President, I am going to use leader time. All other 
time has expired; is that right?
  The ACTING PRESIDENT pro tempore. The Senator is right.
  Mr. LAUTENBERG. I yield back all our time.
  The ACTING PRESIDENT pro tempore. The minority time has expired. The 
majority has yielded back its time.
  The majority leader is recognized.
  Mr. REID. Mr. President, we now turn to legislation, thankfully, to 
improve the safety of America's railroads. This bipartisan, bicameral 
legislation will achieve something we can all agree on, I hope--the 
improved safety of our Nation's railroads.
  The pictures Senator Lautenberg placed before us are, to say the 
least, descriptive.
  Through new technology, updated regulations, and an expanded Federal 
agency that is up to the challenge of policing the railroads, the bill 
will save lives.
  To reach this goal, Senators from both sides of the aisle have worked 
tirelessly, putting aside partisanship and overcoming obstacles that 
would derail the needed safety and infrastructure improvements we owe 
the American people. The picture we saw a few minutes ago, the tragic 
collision that occurred in southern California in Chatsworth on 
September 12, reminded us all it has been entirely too long--almost 15 
years--since Congress last reauthorized a bill to set the route of the 
Federal rail safety programs.
  The Senate took its first steps at rectifying this situation by 
passing, by unanimous consent, Senator Lautenberg's rail safety bill, 
just before the August recess. It is a bill he worked hard on with Kay 
Bailey Hutchison and which is now an important piece of legislation we 
must address.
  Similar to myself, Senators Lautenberg and Hutchison believe we 
cannot wait another day to reauthorize and improve these lifesaving 
programs. I am glad we can finally move to consider this good piece of 
legislation today.
  In addition to our rail safety programs, this legislation will also 
reauthorize Amtrak and improve the railroad safety operations 
infrastructure.
  We last passed an Amtrak reauthorization bill more than 10 years ago. 
Our national railroad has been without

[[Page S10037]]

guiding legislation since 2002, and that was only temporary. With all 
the challenges facing the traveling public today--high gas prices, long 
delays at airports, and constant highway congestion--improving our 
Nation's intercity passenger rail system is an idea whose time has 
come.
  Eight years ago, my wife and I decided we would travel from 
Washington to Chicago on an overnight train. What a good experience 
that was. Where I was raised, there was no railroad. But now, 8 years 
later, people would take the trains, such as we did, more often because 
of the jamming at our airports and our busy highways, but they simply 
are not available. Trains offer a fuel-efficient and environmentally 
sound way to quickly enhance our transportation system, and this bill 
will improve both the existing Amtrak system and help us develop new 
rail service in corridors across the country, such as in Nevada, where 
a high-speed rail corridor is being planned and would connect Las Vegas 
to southern California.
  Despite this progress, some Senators took it upon themselves to 
prevent the House and Senate from going to conference on this bill in 
an attempt to kill the legislation. It is hard to comprehend, but that 
is true.
  Thankfully, the sponsors of this bill did not give up when they faced 
these challenges. Senator Lautenberg and Senator Hutchison instead 
began working with the House to put together the combined rail safety 
and Amtrak legislation, and today we see the fruit of their labor.
  This package has been approved by the House by voice vote, with near 
unanimous support, last Wednesday and is now ready to be sent to 
President Bush for his signature once the Senate passes it, which I 
hope we do.
  It contains important new safety requirements for our railroads, such 
as the implementation of positive train control systems, known as PTC 
systems. These systems can prevent train collisions, such as the 
terrible crash in California less than a month ago.
  This bill ensures the railroad industry adopts this vital technology 
wherever passenger trains and hazardous cargo shipments travel.
  This legislation is supported by the railroads and their workers and 
was developed working closely with the administration.
  Democrats and Republicans, in both the Senate and the House, have 
made a strong statement that we need to move our Federal rail safety 
programs and our passenger rail system into the 21st century. I hope we 
can move forward on this legislation quickly and get it to Senator Bush 
for his signature.


                             Cloture Motion

  The ACTING PRESIDENT pro tempore. By unanimous consent, pursuant to 
rule XXII, the Chair lays before the Senate the pending cloture motion, 
which the clerk will report.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the motion to 
     concur in the House amendment to the Senate amendment to H.R. 
     2095, the Federal Railroad Safety Improvement Act.
         Richard Durbin, Hillary Rodham Clinton, Kay Bailey 
           Hutchison, John Warner, Gordon H. Smith, Olympia J. 
           Snowe, Jim Webb, Jon Tester, Barbara Boxer, Dianne 
           Feinstein, Frank R. Lautenberg, Charles E. Schumer, 
           Thomas R. Carper, John D. Rockefeller, IV, Benjamin L. 
           Cardin, Byron L. Dorgan, Patty Murray, Daniel K. 
           Inouye.

  The ACTING PRESIDENT pro tempore. By unanimous consent, the mandatory 
quorum call is waived.
  The question is, Is it the sense of the Senate that the debate on the 
motion to concur in the amendment of the House to the amendment of the 
Senate to H.R. 2095, an act 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, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from California (Mrs. Boxer), the Senator from 
Massachusetts (Mr. Kennedy), the Senator from Louisiana (Ms. Landrieu), 
the Senator from Michigan (Mr. Levin), the Senator from Missouri (Mrs. 
McCaskill), the Senator from Washington (Mrs. Murray), the Senator from 
Florida (Mr. Nelson), the Senator from West Virginia (Mr. Rockefeller), 
and the Senator from Illinois, (Mr. Obama) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent. The Senator 
from Missouri (Mr. Bond), the Senator from Nevada (Mr. Ensign), the 
Senator from Arizona (Mr. McCain), and the Senator from New Hampshire 
(Mr. Sununu).
  The PRESIDING OFFICER (Mr. Sanders). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 69, nays 17, as follows:

                      [Rollcall Vote No. 209 Leg.]

                                YEAS--69

     Akaka
     Alexander
     Baucus
     Bayh
     Bennett
     Bingaman
     Brown
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Feingold
     Feinstein
     Graham
     Grassley
     Hagel
     Harkin
     Hatch
     Hutchison
     Inouye
     Isakson
     Johnson
     Kerry
     Klobuchar
     Kohl
     Lautenberg
     Leahy
     Lieberman
     Lincoln
     Lugar
     Martinez
     McConnell
     Menendez
     Mikulski
     Murkowski
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Salazar
     Sanders
     Schumer
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Tester
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--17

     Allard
     Barrasso
     Brownback
     Bunning
     Burr
     Coburn
     Craig
     DeMint
     Enzi
     Gregg
     Inhofe
     Kyl
     Sessions
     Shelby
     Thune
     Vitter
     Voinovich

                             NOT VOTING--14

     Biden
     Bond
     Boxer
     Ensign
     Kennedy
     Landrieu
     Levin
     McCain
     McCaskill
     Murray
     Nelson (FL)
     Obama
     Rockefeller
     Sununu
  The PRESIDING OFFICER. On this vote, the yeas are 69, the nays are 
17. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.
  The majority leader is recognized.

                          ____________________