[Congressional Record (Bound Edition), Volume 153 (2007), Part 20]
[House]
[Pages 27487-27513]
[From the U.S. 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 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.

[[Page 27488]]

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

[[Page 27489]]




                              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 
2 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 
6 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 2 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.

[[Page 27490]]

  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 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 became 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.

[[Page 27491]]

  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 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

[[Page 27492]]

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 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 2 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 6 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.

[[Page 27493]]

  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 
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 4 
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 me in voting for its passage.
  Mr. CUMMINGS. Mr. Chairman, I rise today in strong support of the 
Federal Railroad Safety Improvement Act of 2007, H.R. 2095, authored by 
Congressman James Oberstar, Chairman of the Committee on Transportation 
and Infrastructure, and Congresswoman

[[Page 27494]]

Corrine Brown, Chairwoman of the Subcommittee on Railroads, Pipelines, 
and Hazardous Materials.
  This legislation, which I believe adequately balances overdue safety 
improvements with the need to keep commerce moving, is the first 
significant rail safety legislation to come before the House since the 
most recent authorization of federal safety programs expired nearly 10 
years ago.
  I am proud to be a co-sponsor of this measure and I applaud the 
dedicated leadership that has brought this legislation to the floor 
today.
  Particular attention should be given to the measures included in H.R. 
2095--and in the manager's amendment also under consideration--that 
address the unique safety concerns associated with railroad tunnels and 
bridges.
  On July 18, 2001, a CSX train traveling through the Howard Street 
Tunnel in my district in Baltimore derailed, puncturing several tank 
cars and igniting a flammable liquid that created a massive fire.
  Following that terrible accident, I joined Chairman Oberstar in 
requesting the Government Accountability Office (GAO) to undertake a 
study on railroad tunnel and bridge safety. This study was released on 
August 30th of this year.
  In brief, the study found that Class I railroads own and maintain 
more than 61,000 bridges and more than 800 tunnels--while Class II 
railroads own and maintain more than 15,000 bridges. These are 
staggering numbers that clearly demonstrate how important the safety of 
these pieces of infrastructure is to the operation of our Nation's rail 
network.
  The legislation and manager's amendment before us today address 
concerns raised both in the GAO report and in the National 
Transportation Safety Board's (NTSB) report on the Howard Street Tunnel 
fire.
  Section 609 of the underlying bill, which I offered as an amendment 
during the Committee markup of this legislation, is intended to ensure 
that the first responders called to incidents in rail tunnels have all 
of the information they need to provide an effective response to the 
situation they encounter.
  Section 609 responds directly to the NTSB's findings in its 
investigation of the Howard Street Tunnel fire that Baltimore City 
first responders did not have adequate information on hazardous 
discharge procedures in the Tunnel or on ingress and egress pathways 
into and out of the Tunnel.
  To ensure that such a situation is never repeated, Section 609 
requires railroads to make available to local jurisdictions information 
on rail tunnel ingress and egress pathways and on the types of cargoes 
transported through long tunnels or tunnels through which more than 5 
passenger trains per day or more than 500 carloads of toxic inhalation 
materials per year are moved.
  The manager's amendment before us responds directly to the findings 
of the recent GAO report by imposing significant new safety 
requirements on railroads regarding the assessment of bridge weight 
bearing capacity and bridge inspection procedures.
  Additionally, it imposes new requirements on the review of bridge 
inspection data by the Federal Railroad Administration.
  Through these measures, the manager's amendment seeks to create a 
comprehensive safety regime for railroad bridges--which is long 
overdue.
  The measures in H.R. 2095 on railroad tunnels and bridges are just 
two of the many safety improvements that this bill would make in the 
operation of our Nation's railroad network--but are examples of how 
this bill responds directly to the safety concerns that have been 
identified since the last reauthorization of the Federal Railroad 
Administration.
  I am confident that enactment of H.R. 2095 will significantly improve 
the safety of rail operations in the United States. I again thank 
Chairman Oberstar--and Chairwoman Brown--for their work on this measure 
and I urge its passage.
  Mr. REYES. Mr. Chairman, I rise today in strong support of H.R. 2095 
the Federal Railroad Safety Improvement Act of 2007. This bill, 
introduced by my colleague Chairman James L. Oberstar, provides a long-
overdue reauthorization and reorganization of the Federal Railroad 
Administration. I am proud to count myself as a cosponsor of this 
legislation.
  My district of El Paso has a rich history with the railroad industry. 
Following the arrival of the railroads in 1881, El Paso experienced 
enormous economic growth due in part to the railroad connections in the 
area. Today, my city's connections to the industry persist, and 
hundreds of my constituents go to work in the rail yards and along the 
tracks every day. Rail workers and the Americans who live near rail 
operations deserve the highest level of safety, and the Federal 
Railroad Safety Improvement Act provides just that.
  Roughly 40 percent of all train accidents are the result of human 
factors, and, of this startling number, one in four results from 
fatigue. This bill will set new hours-of-service for our railroad 
workers and will help ensure they follow proper rest and shift periods. 
Under the proposed measures, personnel would receive at least 10 hours 
of rest per 24-hour period and would ultimately be limited to no more 
than 12 consecutive hours of shift work. The bill would also nearly 
double the number of rail safety inspection and enforcement staff. 
These changes would hopefully reduce the number of accidents caused by 
human error and fatigue and would help ensure safer working conditions 
for the approximately 1,100 rail workers of El Paso and across the 
United States.
  In addition, H.R. 2095 would reorganize the Federal Railroad 
Administration (FRA) and rename it the Federal Railroad Safety 
Administration (FRSA). Over the 4-year period from 2007 to 2011, the 
FRSA would authorize $1.1 billion for general expenses and grant 
programs. This legislation has taken into account many of the safety 
investigations and recommendations of the Department of Transportation, 
especially regarding human fatigue, defective tracks, and railroad 
crossings. With the reauthorization of this funding, I am confident 
that great strides will be made to improve the safety of the railroad 
industry in the United States.
  Mr. Chairman, I ask that my colleagues join me in supporting this 
important legislation so that substantial improvements in Federal 
railroad safety can be made nationwide.
  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.
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.

[[Page 27495]]

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.''.
       (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.

[[Page 27496]]

       ``(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.
       ``(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;

[[Page 27497]]

       ``(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.

[[Page 27498]]

       ``(c) Enforcement Action.--
       ``(1) In general.--An employee who alleges discharge or 
     other discrimination by any person 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

[[Page 27499]]

       (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:
       ``(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

[[Page 27500]]

     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:

     ``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.''.

[[Page 27501]]



     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 (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

[[Page 27502]]

     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

       ``(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 train conductors. In prescribing such 
     regulations, the Secretary shall require that conductors on 
     passenger trains be trained in security, first aid, and 
     emergency preparedness.
       ``(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

[[Page 27503]]

     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 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)

[[Page 27504]]

     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 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

[[Page 27505]]

     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 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.

[[Page 27506]]

  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 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

[[Page 27507]]

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).
  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

[[Page 27508]]

     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 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

[[Page 27509]]

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.
  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

[[Page 27510]]

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.
  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

[[Page 27511]]

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 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

[[Page 27512]]

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.
  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)

[[Page 27513]]


     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
     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.

                          ____________________