[Congressional Record Volume 163, Number 209 (Thursday, December 21, 2017)]
[Senate]
[Pages S8229-S8230]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
UNANIMOUS CONSENT REQUEST--EXECUTIVE CALENDAR NO. 261
Mr. THUNE. Mr. President, I rise to voice my strong support for the
nomination of Ronald Batory to be the Administrator of the Federal
Railroad Administration at the Department of Transportation and to
express my deep frustration that this noncontroversial, highly
qualified nominee has been languishing in the Senate for over 4 months
due to objections by a handful of Democrats over a parochial issue
entirely unrelated to the nominee's qualifications.
The Commerce, Science, and Transportation Committee held a hearing on
his nomination on July 26, 2017, and reported his nomination favorably
out of committee with a unanimous voice vote on August 2, 2017. At that
time, not a single Senator on the committee, Republican or Democrat,
expressed any doubt about Mr. Batory's extensive expertise on rail
safety issues.
Mr. Batory has over 45 years of experience in the railroad industry,
in both management and operational positions, and he is a respected
leader in driving organizational change and, most importantly, in
advancing safety improvements. In fact, Railway Age called him
noncontroversial and said: ``He is the best-qualified person to be the
Federal Railroad Administrator in a very long time, perhaps in the
agency's history.''
Yet, despite his unanimous approval from the committee, he has been
blocked from assuming his leadership duties at this important safety
regulatory agency. The FRA has critical safety decisions to make on a
daily basis, and the agency needs strong strategic direction and
management on time-sensitive safety issues. A senior adviser, which is
Mr. Batory's current role at the DOT, does not have the same legal
authority or ability to lead an agency as does a Senate-confirmed
Administrator.
It is time to stop hamstringing Mr. Batory and get him confirmed so
he can operate at full capacity. Unfortunately, it appears that we will
not be able to do that without, once again, engaging in the cloture
process on a noncontroversial nominee. This takes up valuable floor
time that could be spent on other priorities. Yet it will, undoubtedly,
still lead to his being confirmed by a large, bipartisan majority of
the Senate. This pattern of obstruction--burning up a week or more of
time to confirm two or three nominees who end up with overwhelming
cloture and confirmation votes--must end.
The Batory nomination is also significant for another reason. Earlier
this week, we saw the terrible tragedy of the Amtrak Cascades 501
derailment in Washington. Our heartfelt thoughts and prayers are with
all of those affected, especially during this holiday season. As the
NTSB continues its ongoing investigation, we will learn more about the
causes of this derailment and the measures that might have prevented
it.
To be clear, the tragic events of this week were not caused by a
vacancy at the helm of the FRA, but the Senate must act now to install
a leader at this agency to advance any safety solutions and oversight
found to be needed as a result of the accident.
To date, much of the discussion surrounding this accident has been
focused on positive train control or what we call PTC. While it is
still early to know what, if any, impact PTC would have had on this
accident, I could not agree more with the Democratic leader who earlier
this week said: ``We need Positive Train Control.'' He went on to say:
``The Federal Department of Transportation is not pushing Federal PTC
hard enough.''
If he truly believes the DOT needs to do more, why is he, along with
a few of his colleagues, standing in the way of Mr. Batory's
nomination? After all, Congress has tasked the FRA Administrator with
providing the oversight and strong push that will be needed to ensure
railroads meet next year's December 31, 2018, deadline for full PTC
installation and training.
Make no mistake, a strong push is what many passenger railroads need.
According to the FRA's latest quarterly progress report for passenger
railroads, only 50 percent of locomotives are equipped and PTC
operable; 64 percent of required PTC radio towers are installed; and
only 24 percent of required route miles are in operation.
The Commerce, Science, and Transportation Committee expects to
continue to play its role in conducting strong oversight of PTC
implementation, including holding a hearing in 2018. However, what I do
not expect the Commerce, Science, and Transportation Committee to do is
to grant any further change to the PTC deadline framework that is
established in current law. That is why we need Mr. Batory. When
finally confirmed, he will play a significant role in pushing
expeditious and successful PTC implementation.
This is not just the view of the Commerce, Science, and
Transportation Committee, I might add, which, again, approved Mr.
Batory, as I said earlier, unanimously, but also of the rail
professionals who advance safety on the ground. The States for
Passenger Rail Coalition, which consists of 25 State Departments of
Transportation, wrote in July:
The issues facing the railroad industry today are
significant, and it is vital that we have an experienced,
capable and dedicated leader like Mr. Batory, who is willing
to work with the states to make the improvements necessary to
build a national rail system with an emphasis on increasing
mobility and reliability, while enhancing safety and security
now, and in the years to come.
Likewise, rail labor--representing conductors and
communication workers--and other industry groups urged the
Senate to proceed to Mr. Batory's nomination ``as soon as
possible,'' stressing ``the importance of having Mr. Batory's
expertise and leadership at the agency responsible for
railroad safety.''
That letter was written in September. It is now December. There is no
reason for this delay.
Mr. President, I ask unanimous consent that both of these letters be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
September 15, 2017.
Senator McConnell,
Senate Majority Leader,
Washington, DC.
Senator Schumer,
Senate Minority Leader,
Washington, DC.
Dear Republican Leader McConnell and Democratic Leader
Schumer: As rail industry stakeholders, we write to support
the nomination of Ronald Batory for Federal
[[Page S8230]]
Railroad Administrator. We urge the Senate to proceed to Mr.
Batory's nomination as soon as possible.
Mr. Batory's nomination was announced in July, unanimously
approved and reported by the Senate Commerce Committee in
August, and now awaits action on the Senate floor. Mr. Batory
is eminently qualified to be FRA Administrator and we believe
he will have considerable bipartisan Member support once the
Senate turns to his nomination.
We ask that his nomination be considered soon by the full
Senate, in light of the importance of having Mr. Batory's
expertise and leadership at the agency responsible for
railroad safety.
Thank you for considering our views on this important
matter.
Association of American Railroads (AAR); BNSF Railway;
Canadian National Railway; Canadian Pacific Railway; CSX
Transportation; Kansas City Southern Railroad; Norfolk
Southern Railway; Union Pacific Railroad; American Short Line
and Regional Railroad Association (ASLRRA); International
Association of Sheet Metal, Air, Rail and Transportation
Workers (SMART); Transportation Communications Union/IAM.
National Association of Railroad Passengers (NARP);
National Railroad Construction & Maintenance Association
(NRC); Railway Engineering-Maintenance Suppliers Association
(REMSA); Railway Supply Institute (RSI); States for Passenger
Rail Coalition (SPRC); American Association of Private
Railroad Car Owners (AAPRCO); AECOM; GE Transportation;
Progress Rail Services; Siemens.
____
July 19, 2017.
Hon. John Thune,
Chairman, Committee on Commerce, Science and Transportation,
U.S. Senate, Washington, DC.
Hon. Bill Nelson,
Ranking Member, Committee on Commerce, Science and
Transportation, U.S. Senate, Washington, DC.
Dear Chairman Thune and Ranking Member Nelson: On behalf of
the States for Passenger Rail Coalition, Inc (SPRC), I write
in support of the confirmation of Ronald L. Batory as
Administrator of the Federal Railroad Administration (FRA)
for the United States Department of Transportation (USDOT).
The SPRC's mission is to promote the research, development,
implementation, operation, sustainability, and expansion of
publicly supported intercity passenger rail services. On
behalf of its membership representing 25 state departments of
transportation and passenger rail authorities, SPRC advocates
for ongoing federal funding and programmatic support for
intercity passenger rail initiatives, including efforts to
improve safety on our nations rail system and at highway-rail
at-grade crossings.
We are impressed with Mr. Batory's extensive experience in
the railroad industry and appreciate his plan to improve
communications within the agency, and we encourage him to
collaborate closely with public and private stakeholders to
achieve policy goals. We are especially encouraged by his
reputation as a good listener with a sound analytical
approach We commend his affirmation of the need for the FRA
to move to performance-based rulemaking and fact-based policy
making. Focusing upon these two objectives will strengthen
the role of the states in promoting the development of a
safe, reliable and efficient vibrant national network of
freight and passenger rail services.
We ask that the Committee act speedily to confirm Mr.
Batory. The issues facing the railroad industry today are
significant, and it is vital that we have an experienced,
capable and dedicated leader like Mr. Batory, who is willing
to work with the states to make the improvements necessary to
build a national rail system with an emphasis on increasing
mobility and reliability, while enhancing safety and security
now, and in the years to come.
Sincerely,
Paul C. Worley, CPM, Chair,
States for Passenger Rail Coalition, Inc.
Mr. THUNE. Mr. President, we have had an immensely qualified leader,
Ronald Batory, ready to lead an important safety agency for over 4
months. The time for playing political games with the leadership of
this railroad safety agency should be over. It is long past time that
my Democratic colleagues end the obstruction, and this body must
confirm Ronald Batory.
Mr. President, I ask unanimous consent that the Senate proceed to
executive session for the consideration of Calendar No. 261, Ronald
Batory. I further ask that the Senate vote on the nomination with no
intervening action or debate; that if confirmed, the motion to
reconsider be considered made and laid upon the table; that the
President be immediately notified of the Senate's action, and the
Senate then resume legislative session.
The PRESIDING OFFICER. Is there objection?
Mr. SCHUMER. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. THUNE. Mr. President, I am kind of beyond words to explain why we
are objecting to someone who was unanimously approved out of the
committee, is highly qualified, noncontroversial, and would run an
incredibly important safety agency in this country. I just don't have
words to explain what that objection might be.
I hope this is the last time the Democrats in the Senate will object
to getting this important position filled with an individual who comes
highly regarded, highly qualified, and has gone through the entire
process--answered all of the questions through his confirmation--and is
ready now for a final vote in the U.S. Senate, which would allow him to
get the job and to get about the important work of ensuring that there
is safety on the railroads in this country.
I yield the floor.
The PRESIDING OFFICER. The Senator from Indiana.
____________________