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# Legislative Bulletin.................................................October 17, 2007

**Contents:**

**H.R. 2095---**Federal Railroad Safety Improvement Act

H.R. 2095 --- Federal Railroad Safety Improvement Act

(*Oberstar, D-MN*)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Wednesday, October 17^th^, subject to a structured rule
(H.Res. 724) that makes four amendments in order (see summaries below).
The rule waives all points of order against the consideration of the
bill (except those for earmarks and PAYGO), and makes in order one
motion to recommit.

The rule does *not* make in order six of the amendments
[submitted](http://www.rules.house.gov/amendment_details.aspx?NewsID=3065)
to the Rules Committee (including two submitted by RSC Members).

**[Summary]{.underline}**: H.R. 2095 would rename the Federal Railroad
Administration (FRA) the Federal Rail Safety Administration (FRSA), and
reauthorize FRSA programs through 2011.

***[Notable Discretionary Program Authorization Levels:]{.underline}***

-   **FRSA Programs**. Authorizes \$1.12 billion for the Federal Rail
    Safety Administration as follows:

    -   2008---\$230 million

    -   2009---\$260 million

    -   2010---\$295 million

    -   2011---\$335 million

-   **Pueblo, Colorado Facility.** Authorizes a total of \$18 million
    from FY 2008---FY 2011 to design, develop, and construct an
    Underground Rail Station and Tunnel at the at the Transportation
    Technology Center in Pueblo, Colorado. This authorization is listed
    in the committee report as the only earmark in the bill.

-   **Grants for Programs to Increase Rail Safety.** CBO estimates that
    three new rail safety grant programs in H.R. 2095 would lead to \$86
    million in authorized discretionary spending over the 2008 to 2011
    period (two of the three new programs are authorized at "such
    sums"). The three new rail safety grant programs created by the bill
    are: Grants for the Development of Train Control Systems, Grants to
    Support the Improvement of Grade Crossings, and Grants for Operation
    Lifesaver.

The total estimated authorization levels for all three programs are as
follows:

-   2008---\$22 million

-   2009---\$22 million

-   2010---\$22 million

-   2011---\$20 million

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-   **NTSB Assistance after Rail Accidents**. H.R. 2095 requires NTSB to
    provide assistance to families of passengers who are in Amtrak rail
    accidents that result in a major loss of life. CBO estimates that
    this provision authorizes \$1 million a year.

***[Hours of Service Restrictions:]{.underline}***

H.R. 2095 places new regulations on the hours that train signalmen and
members of a train operating crew may work, which according to the
committee report, are intended to reduce employee fatigue. Specifically:

-   H.R. 2095 increases the mandatory minimum rest period for train
    operating crews and train signalmen from 8 to 10 hours, between time
    on the job. Restricts contacts between the employer and employee
    during this mandatory rest period to emergencies.

-   Prevents a member of a train operating crew or a train signalmen
    from working for more than twelve consecutive hours.

-   Requires an employee of a train operating crew or a train signalman
    to have at least 24 hours off during any seven day period.

-   Prevents an employee from contacting a worker within the employee's
    minimum of ten hours of time off except during an emergency.

-   Counts time spent in "deadhead transportation" (time getting to and
    from the train) as time on duty.

-   Allows carriers to use 40 hours of "limbo time" a month per employee
    in the first year after the bill passes, 30 hours the year after,
    and 10 hours from then on.

-   Allows the Secretary of Transportation, based on "scientific and
    medical research" to adjust downward the maximum number of hours an
    employee is allowed to remain on duty. The bill also allows the
    Secretary to require an upward increase in the minimum number of
    hours of rest the employee is required to have between time on the
    job.

The SAP expresses concern that these requirements are overly restrictive
and "would tend to increase railroads' need *to hire additional
operating employees* at a time when retirements and resignations are
making it increasingly difficult for railroads to have a full complement
of workers, thereby aggravating potential service disruptions and the
safety problems that can come with large numbers of new, relatively
inexperienced employees." *\[emphasis added\]* In addition, any of these
new railroad employees would likely result in additional union members.

H.R. 2095 (twelve months after enactment) would also prohibit railroad
carriers from providing camp cars as sleeping quarters to employees.

***[Grade Crossings:]{.underline}***

-   Requires, within 18 months of enactment, each railroad carrier to
    maintain a toll-free number for grade crossing problems.

-   Requires railroad carriers to remove from their right-of-way all
    vegetation which restricts views at highway-rail crossings.

-   Requires the Federal Railroad Safety Administration to make
    available to states model legislation for enforcing penalties for
    violations of grade crossing signals.

-   Requires the Federal Railroad Safety Administration to conduct
    audits of Class I railroads at least once every two yeas and to
    conduct an audit of every non-class I railroad once every five
    years, for the intended purpose of making sure that grade crossing
    fatalities and collisions are reported to that national accident
    database.

***[Increased Civil Penalties:]{.underline}***

H.R. 2095 increases civil penalties (imposed on railroads) for railroad
safety violations. The maximum penalty for general railroad safety
violations would be increased from \$10,000 to \$25,000. The maximum
penalty for a grossly negligent violation would be increased from
\$20,000 to \$100,000. CBO estimates that the higher civil penalties
would result in \$30 million in increased federal revenues over five
years. The SAP expresses opposition to the higher civil penalties in
H.R. 2095.

***[Inspector Staffing:]{.underline}***

H.R. 2095 increases the total number of positions for railroad safety
inspection and enforcement personnel at the Federal Railroad Safety
Administration to at least 500 by the end of 2008, at least 600 by the
end of 2009, at least 700 by the end of 2010, and to at least 800 by
2011.

According to the [Committee
Report](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr336)),
there are currently 421 federal rail safety inspectors.

***[Positive Train Control (PTC) System:]{.underline}***

Within 12 months of enactment, requires each Class I railroad carrier to
develop a plan for implementing a positive train control system by the
end of 2014. According to the committee report, positive train control
has "great potential to reduce the number of serious train accidents by
providing safety redundant systems to protect against such human
performance failures."

CBO estimates that the total cost of this mandate on the private sector
would "total at least a few billion dollars for the industry." As with
any mandate, the costs of compliance would be passed on to consumers.

***[Other Provisions]{.underline}***

Some of the other railroad safety regulatory provisions in H.R. 2095:

-   Within 12 months of enactment, requires the Secretary of
    Transportation to prescribe regulations requiring railroads to
    install technology that prevents misaligned switches.

-   Within 12 months of enactment, requires the Secretary of
    Transportation to prescribe regulations aimed at requiring "railroad
    carriers to manage the rail in their tracks so as to maximize
    accidents due to internal rail flaws."

-   Within 18 months, requires the Secretary of Transportation to
    prescribe regulations on the certification of conductors.

-   Within 180 days of enactment, requires the Secretary of
    Transportation to establish minimum training standards for railroad
    employees.

-   Within twelve months of enactment, requires the Secretary of
    Transportation to issue a report on "the effects of the locomotive
    cab environment on the safety, health, and performance of train
    crews."

-   Requires the Secretary of Transportation to conduct a study of its
    regulations on museum operated diesel-electric locomotives.

**[Committee Action]{.underline}**: H.R. 2095 was introduced on May 1,
2007, and referred to the Committee on Transportation and
Infrastructure. On June 14, 2007, the Committee on Transportation and
Infrastructure held a mark-up and reported the bill, as amended, by
voice vote.

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned that H.R. 2095 creates new federal programs and authorizes
higher levels of discretionary spending (an amendment by Representative
Tom Price aimed at preventing any net increase in federal spending, as a
result of H.R. 2095, was not made in order by the Rules Committee). Some
conservatives may also be concerned about the private sector mandates
included in the bill.

**[Amendments Made in Order under the Rule (H.Res. 724)]{.underline}**:

*All amendments are debatable for 10 minutes.*

1.  **[*Oberstar* (D-MN): Manager's Amendment]{.underline}**: This
    amendment strikes sections 301, 610, and 616 from the bill since
    these sections, according to the sponsor's summary, were included in
    Public Law 110-53, the "Implementing Recommendations of the 9/11
    Commission Act of 2007." The amendment also requires the Federal
    Railroad Safety Administration to, within 12 months of enactment,
    implement regulations aimed at requiring owners of railroad track 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."

2.  **[*Napolitano* (D-CA):]{.underline}** Adds a new section to the
    bill that would require mechanical and brake inspections of rail
    cars performed in Mexico not be treated as satisfying U.S. rail
    safety laws. The amendment allows the Secretary to override this
    requirement if he or she certifies the inspections in Mexico are
    being performed under regulations and standards equivalent to those
    in the U.S. and the Federal Rail Safety Administration is able to
    perform onsite inspections, among other things. The amendment also
    prohibits hazardous material inspections performed in Mexico from
    being treated as having satisfied U.S. rail safety laws and
    regulations.

3.  **[*Pallone* (D-NJ):]{.underline}** Adds a new section to the bill
    which allows state and local governments to regulate solid waste
    rail transfer facilities, which is defined by the amendment as "the
    portion of any facility owned or operated by or on behalf of a rail
    carrier." According to the sponsor's summary, this is amendment
    intended to make sure that the Surface Transportation Board does not
    have exclusive authority to preempt state and local regulation of
    solid waste management facilities.

4.  **[Rohrabacher (R-CA):]{.underline}** Authorizes at "such sums as
    may be necessary" (over the 2008 to 2011 period) to "design and
    develop a pilot electric cargo conveyer system for the
    transportation of containers from ports to depots outside of urban
    areas."

**[Administration Position]{.underline}**: The SAP does not threaten a
veto but does state that, "The Administration has concerns with several
provisions of the bill and thus strongly opposes House passage of H.R.
2095 in its current form."

**[Cost to Taxpayers]{.underline}**: According to CBO, H.R. 2095 would
authorize \$284 million in discretionary spending (subject to
appropriation) in 2008 and \$1.2 billion over the FY 2008 -- FY 2011
period. The bill would also increase federal revenues by \$30 million
due to increased fines.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill increases authorized spending
levels over 2008---2011 and imposes new mandates on the private sector
that CBO estimates as exceeding \$131 million.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: Yes. As noted above, H.R. 2095
exceeds the \$131 million private sector mandate threshold established
by the Unfunded Mandates Reform Act (UMRA). The bill also places
mandates on state and local governments, but these mandates do not
exceed the \$66 million threshold established by UMRA.

**[Does the Bill Comply with House Rules Regarding Earmarks/Limited Tax
Benefits/Limited Tariff Benefits?]{.underline}**: The Transportation and
Infrastructure Committee, in House Report
[110-336](http://www.congress.gov/cgi-lis/cpquery/R?cp110:FLD010:@1(hr336)),
asserts that H.R. 2095 contains one congressional earmark: "Sec. 105,
Pueblo, CO, Facility for Underground Rail Station and Tunnel at the
Transportation Technology Center---\$18 million, Rep. John T. Salazar."

**[Constitutional Authority]{.underline}**: The Transportation
Committee, in House Report 110-336, cites constitutional authority in
Article 1, Section 8, but fails to cite a specific clause. House Rule
XIII, Section 3(d)(1), requires that all committee reports contain "a
statement citing the *specific* *powers* granted to Congress in the
Constitution to enact the law proposed by the bill or joint resolution."
*\[emphasis added\]*

**[RSC Staff Contact]{.underline}**: Brad Watson,
<brad.watson@mail.house.gov>, (202) 226-9719