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# Legislative Bulletin.............................................\............March 27, 2007

**Contents:**

> **H.R. 1401**--- Amendments to the Rail and Public Transportation
> Security Act

H.R. 1401, the Rail and Public Transportation Security Act (sponsored by
Rep. Bennie Thompson, D-MS), is scheduled to be considered on the House
floor today, March 27, 2007, subject to a structured rule (H.Res. 270),
allowing one motion to recommit with or without instructions. All
amendments are debatable for ten minutes each.

The rule waives all points of order except those regarding PAYGO and
earmarks, deems the previous question as ordered, and allows the Chair
to postpone consideration of the legislation at any time during its
consideration.

Below are summaries of the eight amendments made in order under the
rule.

[Note]{.underline}: The summaries are based on RSC staff's review of
*actual amendment text*. For a summary of the underlying bill, see a
separate RSC document released yesterday.

**RSC Contact**: Paul Teller; <paul.teller@mail.house.gov>; 202-226-9718

**1. *Thompson (D-MS): ***[Manager's Amendment]{.underline}.

-   Adds "nonprofit employee labor organizations" to the list of
    entities that must be consulted when establishing the voluntary
    consensus standards for equipment and training under Section 125 of
    the underlying bill.

-   Clarifies that the existing requirement that rail safety regulations
    be nationally uniform does NOT preempt state causes of action
    accusing negligence, recklessness, or intentional misconduct.

-   Changes all references to "Amtrak" in the underlying bill to the
    "National Railroad Passenger Corporation."

-   Makes the new grants for rail security assistance able to be awarded
    only to railroad carriers (and thus not to governments, as in the
    underlying bill).

-   Clarifies that certain provisions in the bill that apply to rail and
    public transportation also apply to over-the-road buses.

-   Expands the whistleblower protections for federal employees and
    contractors in the underlying bill to make several clarifying
    changes and to allow for original actions in federal district court
    for *de novo* (i.e. new) reviews of a claim, if the Secretary of
    Labor does not issue a final decision on the original whistleblower
    claim within 180 days.

-   Strikes most of the numerous requirements that the Department of
    Homeland Security consult with the Department of Transportation in
    carrying out certain strategic assessments, grant programs, and
    other activities in the bill.

-   Requires that the Secretary of Homeland Security jointly conduct the
    rail tank car vulnerability assessment (Section 126 of the
    underlying bill) with the Secretary of Transportation.

-   Makes discretionary the underlying bill's requirement (in
    Section 128) that grant recipients under this legislation give
    preference to certain qualified anti-terrorism technologies, and
    clarifies that this provision does not undo any requirements under
    the Buy America Act.

-   Adds a new GAO study (to be done once a year for the three years
    after this bill's enactment) on the administration and use of grants
    under the new railroad, public transportation, and over-the-road bus
    grant programs.

-   Softens the transportation security canine team goals in the
    underlying bill (Section 201) by making them something to encourage,
    rather than ensure.

-   Makes a multitude of technical and clerical changes to the
    underlying bill.

**2. *Arcuri (D-NY): ***Requires the Secretary of Homeland Security, in
coordination with the Secretary of Transportation, to assess and report
to Congress (within six months) on the safety and security
vulnerabilities of placing high voltage direct current electric
transmission lines along active railroad rights-of-way.

**3. *Cohen (D-TN):*** Directs the Secretary of Transportation, in
consultation with the Secretary of Homeland Security, to **[establish a
new program]{.underline}** to coordinate with state and local
governments to minimize the need for transportation by rail of toxic
inhalation hazardous materials. No other details of the new program,
such as cost or fiscal year limitation, are provided.

**4. Castle (R-DE):** Requires the Secretary of Homeland Security to
study foreign rail security practices that are not currently used in the
U.S. (some listed in the amendment text), as well as the costs and
feasibility of implementing such practices here, and submit a report to
Congress within one year on any recommendations for implementing such
practices.

**5. Sessions (R-TX):** Prohibits funds in this legislation, except
those for fire and life safety improvements to some New York, Baltimore,
and DC tunnels (Section 108 in the underlying bill), from being used by
Amtrak for any of the ten long-distance routes with the highest ratio of
cost-per-seat to miles traveled (i.e. the biggest revenue losers), as
noted in its September 2006 monthly performance report. This prohibition
could be waived should the Secretary of Homeland Security deem a route
or a portion of a route as critical to homeland security.

**6. Flake (R-AZ):** Strikes section 203 of the underlying bill,
entitled "Transportation Security Administration Breeding Program
Increase," which authorizes an increase in the number of domestically
bred canines under the Transportation Security Administration's Puppy
Program. See the website for the Puppy Program here:

<http://www.tsa.gov/lawenforcement/programs/puppy_program.shtm>.

**7. Flake (R-AZ):** Strikes the section 107 of the underlying bill,
which creates a new grant program for over-the-road bus security.

**8. *Lynch (D-MA):*** Provides that, not later than one year after the
Secretary of Homeland Security issues the detailed worker training
guidance required under Section 109 of the underlying bill, the
Secretary would have to report to Congress on the progress of providers
of covered transportation in meeting the worker training requirements
and on the satisfaction of workers regarding the effectiveness and
adequacy of the training programs (as determined by a survey of such
workers conducted by the Secretary).

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