(The following story by Avery Palmer appeared on the Congressional Quarterly website on October 18.)
WASHINGTON, D.C. — The House passed a bill Wednesday designed to improve railroad safety by increasing inspections and reducing work hours.
The bill (HR 2095) passed with overwhelming support, although Republicans said they had concerns they want to work out when the measure goes to conference. The vote was 377-38.
The measure would almost double the number of rail safety inspection and enforcement personnel and place limits on how long employees must work each day.
The bill would require at least 10 hours off per day and prohibit work shifts longer than 12 consecutive hours. It also would impose restrictions on “limbo time,” such as when workers travel to a point of release after their shift ends.
James L. Oberstar, D-Minn., who chairs the Transportation and Infrastructure Committee, said that reasonable working hours were essential to safety.
“Fatigue causes people to lose concentration, to lose focus, to lose control,” said Oberstar, who quipped that even Congress has trouble staying on task when it remains in session after midnight.
In addition, the bill would reorganize the Federal Railroad Administration, rename it the Federal Railroad Safety Administration and authorize $1.1 billion for the entity over four years.
John L. Mica of Florida, the committee’s ranking Republican, voted for the bill but said he would work to make changes in conference. He said the bill would be “accommodating a big labor wish list” but questioned how much it would improve safety.
“The bill also nearly doubles the number of federal safety inspectors,” Mica said. “While initially this may appear to guarantee safer rails, it’s unclear whether this increase will actually have any positive effect on safety.”
The White House issued a statement of administration policy last week that called the hours-of-service requirements “overly prescriptive” and said some of the new rules were unnecessary. But the administration stopped short of threatening a veto.
The House also adopted a number of amendments by voice vote. The first, by Oberstar, would require new safety requirements for railroad bridges. An amendment by Democrat Grace F. Napolitano of California would prevent rail inspections in Mexico unless the Department of Transportation certifies they are equivalent to U.S. standards.
Republican Bill Shuster of Pennsylvania voiced worries that Napolitano’s amendment could violate NAFTA and “interfere with the existing flow of commerce across our Southern border.” Oberstar said he would review that issue as the bill moves forward.
The House also adopted an amendment by Frank Pallone Jr., D-N.J., that would prevent the Surface Transportation Board from pre-empting local or state environmental laws on solid-waste transfer facilities.
Another adopted amendment, by Dana Rohrabacher, R-Calif., would authorize testing of an electronic cargo conveyer system to transport containers from ports.
The Senate Commerce, Science and Transportation Committee approved a companion bill (S 1889) on Sept. 27. The Senate bill would limit a worker’s total number of limbo and on-duty hours at 267 per month.
The last reauthorization of the Federal Railroad Administration was in 1994 and expired in 1998 (PL 103-440), though the administration continues to be funded through appropriations bills. It develops rail safety regulations, conducts research and development and administers grants for Amtrak.