Clean Railroads Act of 2007

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.

8/1/2008--Passed Senate amended. Railroad Safety Enhancement Act of 2008 -
(Sec. 3) Amends federal transportation law to authorize appropriations for FY2008-FY2013 for:
(1) railroad safety, including the safe transportation of hazardous materials;
(2) research and development (R&D);
(3) the purchase of Gage Restraint Measurement System vehicles and track geometry vehicles or other comparable technology to assess track safety; and
(4) rail security personnel in Department of Transportation (DOT) regional offices and in Washington, DC. Title I: Railroad Safety Risk Reduction and Strategy -
(Sec. 101) Requires the Federal Railroad Administration (FRA) to have an Associate Administrator for Railroad Safety, who shall be the FRA's Chief Safety Officer.

(Sec. 102) Directs the Secretary of Transportation (Secretary) to develop:
(1) a long-term railroad safety strategy that includes an annual plan for meeting specific goals; and
(2) a railroad safety risk reduction pilot program (with appropriations authorized for FY2009-FY2010).
(Sec. 104) Directs the Secretary to require each railroad carrier that is a Class I railroad, a railroad carrier that has inadequate safety performance, or a railroad that provides intercity passenger or commuter rail passenger transportation to develop, and submit for FRA approval, a railroad safety risk reduction program, including technology implementation and fatigue management plans, to reduce the rate of railroad accidents and injuries. Grants the Secretary authority to assess civil penalties for violations of such requirements.
(Sec. 105) Directs the Secretary to ensure that railroad carriers required to submit a railroad safety risk reduction program that includes in its technology implementation plan a schedule for implementation of a positive train control system complies with such schedule by December 31, 2018, unless the railroad implements its system by an earlier date.
(Sec. 106) Revises hours of service requirements for a train employee to provide that such employee may not be required to be on duty:
(1) where the employee has spent in any calendar month a total of 276 hours on duty, or waiting for transportation, or in deadhead transportation (limbo time), to a place of final release, or in any other mandatory service for the carrier;
(2) for more than 12 consecutive hours; or
(3) unless the employee has had at least 10 consecutive (currently, eight consecutive) hours off duty during the previous 24 hours. Prohibits requiring or allowing such an employee to remain or go on duty after that employee has initiated an on-duty period each day for:
(1) six consecutive days, unless the employee has had at least 48 consecutive hours off duty at the employee's home terminal; or
(2) each day for seven consecutive days, if permitted by a collective bargaining agreement or provided for by a pilot program, unless the employee has had at least 72 consecutive hours of duty at a home terminal. Caps the total number of hours that a train employee may spend on-duty and waiting for deadhead transportation on a train at 15 hours, unless the train is delayed by an accident, a major equipment failure, or a delay resulting from a cause unknown and unforeseeable to a railroad carrier.
Revises hours of service requirements for signal employees, including signal employees of contractors or subcontractors. Repeals the requirement that a signal employee have at least eight consecutive hours off duty during any 24 hour period. Makes 12 consecutive hours the maximum time on duty, unless the employee has had at least 10 consecutive hours off duty during the previous 24 hours.
Prohibits a signal employee from being allowed to go on duty under certain emergency authority to conduct routine repairs, routine maintenance, or routine inspection of signal systems. Prohibits a railroad or railroad contractor or subcontractor from communicating with a train or signal employee during time off duty, except to notify the employee of an emergency situation. Authorizes a railroad and its directly affected employees to develop jointly, and submit for the Secretary's approval, an alternate hours of service regime that would increase the maximum hours an employee may be allowed to remain on duty or decrease the minimum hours an employee may be required to rest. Subjects commuter and intercity passenger rail employees to existing hours of service requirements, until the earlier of:
(1) the effective date of new regulations establishing different hours of service requirements for such employees; or
(2) three years after enactment of this Act. Authorizes the Secretary to issue regulations that make certain additional changes to hours of service requirements in order to improve safety and reduce employee fatigue.
Directs the Secretary to conduct at least two pilot projects to analyze specific practices which may be used to reduce fatigue for train, engine, and other railroad employees.
(Sec. 107) Exempts from certain public disclosure requirements, and from discovery or admission into evidence in a private court case, any information the Secretary has obtained as part of a railroad's risk reduction program or pilot program, except to enforce or carry out federal law. Title II: Highway-Rail Grade Crossing and Pedestrian Safety and Trespasser Prevention -
(Sec. 201) Requires the Secretary to issue guidance to passenger railroads on methods and strategies to prevent pedestrian accidents, injuries, and fatalities at or near passenger stations.
(Sec. 202) Directs the Secretary annually to identify the 10 states receiving federal funds for highway-rail grade crossing safety projects that have had the most highway-rail grade crossing collisions in the preceding year. Authorizes the Secretary to require such states, as a condition for receiving future federal funds, to develop a State Grade Crossing Action Plan approved by the Secretary that identifies specific solutions for improving the safety at highway-rail grade crossings. Requires the Secretary to assist states in developing and implementing such Plans.
(Sec. 203) Directs the Secretary to prescribe regulations to require each railroad carrier to remove from its active rights-of-way at all public highway-rail grade crossings, including at all private highway-rail grade crossings open to unrestricted public access, any vegetation which may obstruct the view of a pedestrian or a vehicle operator of a train's approach. Requires the Secretary to develop model legislation for states to address such grade crossings which have only passive warnings.
(Sec. 204) Directs the Secretary to issue regulations for establishment of a national crossing inventory that requires each railroad carrier and state to report to the Secretary current information about previously unreported highway-rail grade crossings, with annual updates on all grade crossings in the state concerned. Establishes civil penalties for violation of such requirements by a railroad carrier.
(Sec. 205) Replaces the expired pilot demonstration program for emergency notification of grade crossing problems with a permanent system.
Directs the Secretary to require each railroad carrier to:
(1) establish a telephone service (which the Secretary may also require to be a dedicated toll-free telephone) to receive directly calls reporting malfunctions of signals, disabled vehicles blocking railroad tracks at grade crossings, obstructions to the view of a train's approach, or other related safety information;
(2) warn any trains operating near the grade crossing immediately upon receiving such a report, and contact appropriate public safety officials to direct traffic and remove any disabled vehicle;
(3) timely investigate any report of a view obstruction and remove it if possible, or correct any other reported unsafe circumstance; and
(4) ensure placement of the telephone number and certain other explanatory information on signs at each grade crossing.
(Sec. 206) Directs the FRA to make grants to Operation Lifesaver to:
(1) carry out a public information and education program to help prevent and reduce railroad incidents, injuries, and fatalities, and to improve awareness along railroad rights-of-way and at highway-rail grade crossings; and
(2) implement a pilot Railroad Safety Public Awareness Program addressing the need for targeted and sustained community outreach on rail and grade crossing safety. Authorizes appropriations for FY2008-FY2013.
(Sec. 207) Directs the Secretary to make grants to up to three states annually to develop or continue public education activities and enforcement of highway-rail crossing safety laws. Authorizes appropriations for FY2009-FY2013.
(Sec. 208) Directs the Secretary to:
(1) review current local, state, and federal laws regarding trespassing and vandalism on railroad property and violations of highway-rail grade crossing warning signs; and
(2) develop and make available to state and local governments model state legislation providing for civil or criminal penalties, or both, for violations of highway-rail grade crossing warning signs. Authorizes the Secretary to purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to improve the safety of highway-rail crossings and prevent trespass on railroad rights-of-way.
(Sec. 209) Authorizes railroad carriers to submit for the Secretary's approval new technology providing warning to highway users at highway-rail grade crossings. Declares that:
(1) such Secretarial approval preempts state law concerning the adequacy of such technology; and
(2) a carrier shall not be liable for damages to persons or property as a result of an accident at a grade crossing that is protected by approved technology. Title III: Federal Railroad Administration -
(Sec. 301) Requires the Secretary to gradually increase the number of rail safety-related employees at the FRA by 25 in each fiscal year for FY2008-FY2013.
(Sec. 302) Increases penalties for violations of rail safety regulations prescribed or orders issued by the Secretary, including violations related to rail accident reporting and hours-of-service.

(Sec. 303) Requires the Secretary annually to make publicly available, and publish on the FRA public website, a report of all railroad enforcement actions taken by the Secretary or the FRA during the prior fiscal year.
(Sec. 304) Revises the Secretary's authority to prohibit an individual from performing safety-sensitive functions in the railroad industry because of previous violations of hazardous materials transportation laws.
(Sec. 305) Allows the Secretary to authorize officers, employees, or agents (with or without making their presence known) to intercept and record a radio communication, with or without the consent of the sender or other receivers of the communication, where such communication is broadcast or transmitted over a radio frequency which is authorized for use by one or more railroad carriers by the Federal Communications Commission (FCC) and primarily used by such railroad carriers for communications in connection with railroad operations. Allows such activities for purposes of accident prevention and accident investigation. Sets forth uses of information obtained through such activities.
(Sec. 306) Requires the Secretary to prescribe procedures with respect to requests for waivers of regulations or orders issued in emergency situations. Authorizes the Secretary to prescribe temporary emergency waiver procedures without first providing an opportunity for public comment. Requires the Secretary to provide notice and an opportunity for a hearing after issuing an emergency waiver.
(Sec. 307) Authorizes the FRA Administrator and designated employees to have access to federal and state criminal history and other law enforcement records to protect the safety and security of railroad operations. Prohibits the Administrator, however, from using such access to conduct criminal investigations.
(Sec. 308) Requires the Secretary to update the FRA website to:
(1) help the public find current information regarding FRA activities; and
(2) provide a mechanism for the public to report to the FRA potential violations of federal railroad safety and hazardous materials transportation laws and orders. Title IV: Railroad Safety Enhancements -
(Sec. 401) Directs the Secretary to issue regulations to require railroad carriers and railroad contractors and subcontractors to develop for the Secretary's approval plans for training members of certain crafts or classes of employees on federal railroad safety laws, regulations, and administrative orders.
(Sec. 402) Directs the Secretary to report to specified congressional committees about whether the certification of certain crafts or classes of railroad carrier or railroad carrier contractor or subcontractor employees is necessary to reduce the number and rate of railroad accidents or to improve railroad safety.

(Sec. 403) Requires the Secretary to:
(1) study whether the required intervals of track inspections for each class of track and track remedial action requirements should be amended, and whether different track inspection and repair priorities or methods should be required; and
(2) issue and implement recommendations for changes to federal track safety standards based on the results of the study.
(Sec. 404) Requires the Secretary to study methods to improve the safety of rail passenger station platform gaps to:
(1) comply with the Americans with Disabilities Act; and
(2) minimize the associated safety risks of such gaps for railroad passengers and employees.
(Sec. 405) Directs the Secretary to study and report to specified congressional committees on the safety impact of the use of personal electronic devices, including cell phones, video games, and other distracting devices, by safety-related railroad employees during work. Authorizes the Secretary to study other elements of the locomotive cab environment and their effect on an employee's health and safety. Authorizes the Secretary, based on the conclusions of the studies, to:
(1) prohibit the use of such devices during work, unless they are being used in accordance with railroad operating rules; and
(2) issue regulations to improve elements of the cab environment to protect an employee's health and safety.
(Sec. 406) Requires the Secretary to establish grants programs for:
(1) railroad safety technology; and
(2) railroad safety infrastructure improvements. Sets the federal share of project costs for each program at 50%. Authorizes appropriations for FY2008-FY2013.
(Sec. 408) Authorizes the Secretary to impose additional conditions for the movement of a defective or insecure locomotive or car to make repairs while on a railroad line.
(Sec. 409) Requires the Secretary to prescribe standards governing the development and use of rail safety technology in dark territory (any territory in a railroad system that does not have a signal or train control system installed or operational).
(Sec. 410) Revises rail employee sleeping quarters requirements to require a railroad carrier that provides sleeping quarters for its employees to provide indoor toilet facilities, potable water, and other features to protect their health.
Requires the Secretary to issue regulations that:
(1) govern the use of camp cars for employees and any individuals employed to maintain a railroad carrier's right of way; and
(2) may prohibit the use of such cars, if necessary, to protect the health and safety of employees.
(Sec. 411) Adds as an act of a railroad employee protected from employer retaliation the employee's:
(1) request that a railroad carrier provide first aid, medical treatment, or transportation to a medical facility or hospital after being injured during the course of employment; or
(2) compliance with treatment prescribed by a physician or licensed health care professional. States that a railroad carrier's refusal to permit an employee to return to work upon his or her release shall not be considered discrimination if such refusal complies with the carrier's medical standards for fitness for duty.
(Sec. 412) Authorizes the Secretary, upon petition by a group of commonly controlled railroad carriers operating within the United States as a single, integrated rail system, to treat such group as a single railroad carrier for railroad safety purposes.

(Sec. 413) Requires the Secretary to study and report to Congress on the impacts of repealing a provision of the Regional Rail Reorganization Act of 1973 which preempts state laws from requiring certain crew requirements in the former region of the Consolidated Rail Corporation (Conrail).

(Sec. 414) Requires any nonfederal alcohol and drug testing program of a railroad carrier to provide that all post-employment tests of the specimens of employees performed under the program be conducted using a scientifically recognized method of testing capable of determining the presence of the specific analyte at a level above the cutoff level established by the carrier.
Requires each railroad carrier that has such a testing program to provide a redress process for its employees who were determined to be in violation of the program.
(Sec. 415) Directs the Secretary to require each Class I railroad, each intercity passenger railroad carrier, and each commuter railroad carrier to develop, and submit for the Secretary's approval, a critical incident stress plan that provides for:
(1) debriefing, counseling, guidance, and other appropriate support services to be offered to an employee affected by a critical incident;
(2) relief from the balance of duty tour of any employee involved in a critical incident;
(3) relief from duty of a requesting employee who witnessed a critical incident; and
(4) leave from normal duties as necessary for an employee to receive preventive services, treatment, or both, related to the incident.
(Sec. 416) Requires the Secretary to study and report to Congress on the potential hazards to which railroad carrier employees and railroad contractors or subcontractors are exposed during the transportation of high-level radioactive waste and spent nuclear fuel.
(Sec. 417) Requires the Secretary to complete a rulemaking proceeding to revise railroad employee alcohol and controlled substance testing requirements to cover all railroad carrier employees and railroad contractors or subcontractors who perform maintenance-of-way activities. Title V: Rail Passenger Disaster Family Assistance -
(Sec. 501) Directs the National Transportation Safety Board (NTSB), as soon as practicable after being notified of a rail passenger accident resulting in major loss of life, to provide certain assistance to families of passengers involved in the accident.

(Sec. 502) Requires a rail passenger carrier to submit to the NTSB, the Secretary, and the Secretary of Homeland Security a plan for addressing the needs of families of passengers involved in an accident of a rail passenger carrier intercity train resulting in major loss of life. Provides for funding for FY2008.

(Sec. 503) Requires the Secretary to establish a task force to develop a model plan and recommendations on how passenger rail carriers can provide assistance and notification to families of passengers involved in rail accidents. Title VI: Clarification of Federal Jurisdiction Over Solid Waste Facilities - Clean Railroads Act of 2007 -
(Sec. 602) Exempts solid waste rail transfer facilities from the jurisdiction of the Surface Transportation Board (effectively allowing state and local authorities to regulate such facilities).
(Sec. 603) Requires a solid waste rail transfer facility, within 90 days after the enactment of this Act, to comply with all federal and state solid waste environmental laws (except those requiring permits). Provides that such facilities shall not be required to possess a permit (other than a siting permit) from the appropriate permitting agency as complying with federal and state solid waste environmental laws:
(1) if within six months after enactment of this Act the facility has applied, in good faith, for all required permits; and
(2) until the permitting agency has either approved or denied the permit application. Provides that such facilities that do not possess a siting permit shall not be required to possess a siting permit or to comply with state land use requirements in order to operate, provided the facility has a land-use exemption properly issued by the Board.
(Sec. 604) Authorizes the Board to issue a land-use exemption for a solid waste rail transfer facility operated or proposed to be operated by or on behalf of a rail carrier if:
(1) state or local law affecting the siting unreasonably burdens the interstate railroad transportation of solid waste, or discriminates against such transportation and a solid waste rail transfer facility, or a rail carrier that owns or operates such a facility petitions the Board for such an exemption; or
(2) the governor (or designee) of a state in which a facility that is already operating is located petitions the Board to initiate a permit proceeding for that particular facility. Allows the Board to issue a land use exemption only if the facility at the existing or proposed location does not pose an unreasonable risk to public health, safety, or the environment. Prohibits any such land-use exemption for a solid waste rail transfer facility proposed to be located on land within the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National Trails System, the National Wild and Scenic Rivers System, a National Reserve, a National Monument, or certain lands for which a state has implemented a conservation management plan, if the facility's operation would be inconsistent with restrictions placed on such land. Title VII: Technical Corrections -
(Sec. 701) Makes technical corrections to limitations on the use of local rail freight assistance. Considers any repaid portion of the U.S. Government's share of money, and any contingent interest recovered, to be state funds. Redefines "motor carrier" to exempt from unified carrier registration system plan and agreement requirements any carrier that the board of directors of the unified carrier registration plan determines appropriate.


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Sponsor

• Rep. James Oberstar [D, MN-8]
• and 94 Co-Sponsors
  • Rep. Neil Abercrombie [D, HI-1]
  • Rep. Thomas Allen [D, ME-1]
  • Rep. Robert Andrews [D, NJ-1]
  • Rep. Michael Arcuri [D, NY-24]
  • Rep. Brian Baird [D, WA-3]
  • Rep. Tammy Baldwin [D, WI-2]
  • Rep. Sanford Bishop [D, GA-2]
  • Rep. Timothy Bishop [D, NY-1]
  • Rep. Dan Boren [D, OK-2]
  • Rep. Leonard Boswell [D, IA-3]
  • Rep. Robert Brady [D, PA-1]
  • Rep. Bruce Braley [D, IA-1]
  • Rep. Corrine Brown [D, FL-3]
  • Rep. Shelley Capito [R, WV-2]
  • Rep. Michael Capuano [D, MA-8]
  • Rep. Dennis Cardoza [D, CA-18]
  • Rep. Christopher Carney [D, PA-10]
  • Rep. Julia Carson [D, IN-7]
  • Rep. Emanuel Cleaver [D, MO-5]
  • Rep. Steve Cohen [D, TN-9]
  • Rep. Jim Costa [D, CA-20]
  • Rep. Jerry Costello [D, IL-12]
  • Rep. Elijah Cummings [D, MD-7]
  • Rep. William Delahunt [D, MA-10]
  • Rep. Michael Doyle [D, PA-14]
  • Rep. Keith Ellison [D, MN-5]
  • Rep. Sam Farr [D, CA-17]
  • Rep. Bob Filner [D, CA-51]
  • Rep. Charles Gonzalez [D, TX-20]
  • Rep. Al Green [D, TX-9]
  • Rep. Raul Grijalva [D, AZ-7]
  • Rep. Phil Hare [D, IL-17]
  • Rep. Alcee Hastings [D, FL-23]
  • Rep. Stephanie Herseth Sandlin [D, SD-0]
  • Rep. Brian Higgins [D, NY-27]
  • Rep. Rubén Hinojosa [D, TX-15]
  • Rep. Mazie Hirono [D, HI-2]
  • Rep. Tim Holden [D, PA-17]
  • Rep. Rush Holt [D, NJ-12]
  • Rep. Darlene Hooley [D, OR-5]
  • Rep. Jesse Jackson [D, IL-2]
  • Rep. Sheila Jackson-Lee [D, TX-18]
  • Rep. Stephanie Jones [D, OH-11]
  • Rep. Marcy Kaptur [D, OH-9]
  • Rep. Carolyn Kilpatrick [D, MI-13]
  • Rep. Dennis Kucinich [D, OH-10]
  • Rep. Steven LaTourette [R, OH-14]
  • Rep. John Lewis [D, GA-5]
  • Rep. Daniel Lipinski [D, IL-3]
  • Rep. Frank LoBiondo [R, NJ-2]
  • Rep. David Loebsack [D, IA-2]
  • Rep. Stephen Lynch [D, MA-9]
  • Rep. Doris Matsui [D, CA-5]
  • Rep. Betty McCollum [D, MN-4]
  • Rep. James McGovern [D, MA-3]
  • Rep. John Mica [R, FL-7]
  • Rep. George Miller [D, CA-7]
  • Rep. R. Bradley Miller [D, NC-13]
  • Rep. Alan Mollohan [D, WV-1]
  • Rep. Gwen Moore [D, WI-4]
  • Rep. James Moran [D, VA-8]
  • Rep. Patrick Murphy [D, PA-8]
  • Rep. Jerrold Nadler [D, NY-8]
  • Rep. Grace Napolitano [D, CA-38]
  • Rep. David Obey [D, WI-7]
  • Rep. Frank Pallone [D, NJ-6]
  • Rep. William Pascrell [D, NJ-8]
  • Rep. Donald Payne [D, NJ-10]
  • Rep. Ed Perlmutter [D, CO-7]
  • Rep. Collin Peterson [D, MN-7]
  • Rep. Thomas Petri [R, WI-6]
  • Rep. Todd Platts [R, PA-19]
  • Rep. Nick Rahall [D, WV-3]
  • Rep. Silvestre Reyes [D, TX-16]
  • Rep. Steven Rothman [D, NJ-9]
  • Rep. Loretta Sanchez [D, CA-47]
  • Rep. Linda Sanchez [D, CA-39]
  • Rep. Janice Schakowsky [D, IL-9]
  • Rep. Robert Scott [D, VA-3]
  • Rep. José Serrano [D, NY-16]
  • Rep. William Shuster [R, PA-9]
  • Rep. Albio Sires [D, NJ-13]
  • Rep. Christopher Smith [R, NJ-4]
  • Rep. Zackary Space [D, OH-18]
  • Rep. Fortney Stark [D, CA-13]
  • Rep. Edolphus Towns [D, NY-10]
  • Rep. Christopher Van Hollen [D, MD-8]
  • Rep. Timothy Walz [D, MN-1]
  • Rep. Melvin Watt [D, NC-12]
  • Rep. Robert Wexler [D, FL-19]
  • Rep. Lynn Woolsey [D, CA-6]
  • Rep. David Wu [D, OR-1]
  • Rep. John Yarmuth [D, KY-3]
  • Rep. Donald Young [R, AK-0]
  close

Committees

• House Transportation and Infrastructure
• 2 more
  • Senate Commerce, Science, and Transportation
  • House Transportation and Infrastructure
  close

Amendments

This bill has 10 amendments. See All AmendmentsHide All Amendments

Amendments to H.R.2095

Number	Status	Purpose
H.Amdt856	Pass	An amendment numbered 1 printed in House Report 110-371 to require the Federal Railroad Safety Administration to issue 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 amendment also strikes Sections 301, 610, and 616 of the reported bill because these sections were enacted in Public Law 110-53, the `Implementing Recommendations of the 9/11 Commission Act of 2007.' The amendment would also require the Secretary to consider additional criteria regarding communities when reviewing applications for a waiver or exemption from sounding locomotive horns at highway-rail grade crossings.
H.Amdt857	Pass	An amendment numbered 2 printed in House Report 110-371 to prohibit mechanical and brake inspections performed in Mexico of rail cars entering the United States from satisfying U.S. rail safety laws unless inspection standards, enforcement standards, and worker training are certified to meet those of the United States. It prohibits hazardous material inspections performed in Mexico from satisfying applicable U.S. rail safety laws and regulations.
H.Amdt858	Pass	An amendment numbered 3 printed in House Report 110-371 to allow state and local authorities to regulate solid waste management fa cilities. This amendment would state that the Surface Transportation Board does not have exclusive authority to preempt state and local regulation of solid waste management facilities, as defined in the amendment.
H.Amdt859	Pass	An amendment numbered 4 printed in House Report 110-371 to authorize funds to the Secretary to design and develop a pilot electric cargo conveyor system for the transportation of containers from ports to depots outside of urban areas.
S.Amdt.5259	Pass	In the nature of a substitute.
S.Amdt.5677	Withdrawn	To establish the enactment date.
S.Amdt.5678	Offered	Of a perfecting nature.
S.Amdt.5680	Offered	Amendment information not available.
S.Amdt.5681	Offered	Amendment information not available.
S.Amdt.5682	Offered	Amendment information not available.

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		This Bill Has Become Law
May 01, 2007		October 17, 2007		August 01, 2008		October 16, 2008		October 16, 2008

Latest Vote

October 01, 2008Roll call number 210 in the Senate
Question: On the Motion (Motion to Concur in the House Amdt. To the Senate Amdt. to H.R. 2095 )
Required percentage of 'Aye' votes: 1/2 (50%)	Percentage of 'aye' votes: 74%	Result: Motion Agreed to

Democrats Voting 'Aye'

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Sen. Daniel Akaka [D, HI]
Sen. Max Baucus [D, MT]
Sen. B. Evan Bayh [D, IN]
Sen. Jeff Bingaman [D, NM]
Sen. Barbara Boxer [D, CA]
Sen. Sherrod Brown [D, OH]
Sen. Robert Byrd [D, WV]
Sen. Maria Cantwell [D, WA]
Sen. Benjamin Cardin [D, MD]
Sen. Thomas Carper [D, DE]
Sen. Robert Casey [D, PA]
Sen. Hillary Clinton [D, NY]
Sen. Kent Conrad [D, ND]
Sen. Christopher Dodd [D, CT]
Sen. Byron Dorgan [D, ND]
Sen. Richard Durbin [D, IL]
Sen. Russell Feingold [D, WI]
Sen. Dianne Feinstein [D, CA]
Sen. Thomas Harkin [D, IA]
Sen. Daniel Inouye [D, HI]
Sen. Tim Johnson [D, SD]
Sen. John Kerry [D, MA]
Sen. Amy Klobuchar [D, MN]
Sen. Herbert Kohl [D, WI]
Sen. Mary Landrieu [D, LA]
Sen. Frank Lautenberg [D, NJ]
Sen. Patrick Leahy [D, VT]
Sen. Carl Levin [D, MI]
Sen. Blanche Lincoln [D, AR]
Sen. Claire McCaskill [D, MO]
Sen. Robert Menendez [D, NJ]
Sen. Barbara Mikulski [D, MD]
Sen. Patty Murray [D, WA]
Sen. Ben Nelson [D, NE]
Sen. Bill Nelson [D, FL]
Sen. Barack Obama [D, IL]
Sen. Mark Pryor [D, AR]
Sen. John Reed [D, RI]
Sen. Harry Reid [D, NV]
Sen. John Rockefeller [D, WV]
Sen. Ken Salazar [D, CO]
Sen. Charles Schumer [D, NY]
Sen. Debbie Ann Stabenow [D, MI]
Sen. Jon Tester [D, MT]
Sen. Jim Webb [D, VA]
Sen. Sheldon Whitehouse [D, RI]
Sen. Ron Wyden [D, OR]

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Republicans Voting 'Aye'

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Sen. Lamar Alexander [R, TN]
Sen. Robert Bennett [R, UT]
Sen. Thad Cochran [R, MS]
Sen. Norm Coleman [R, MN]
Sen. Susan Collins [R, ME]
Sen. Bob Corker [R, TN]
Sen. John Cornyn [R, TX]
Sen. Michael Crapo [R, ID]
Sen. Elizabeth Dole [R, NC]
Sen. Pete Domenici [R, NM]
Sen. Charles Grassley [R, IA]
Sen. Charles Hagel [R, NE]
Sen. Orrin Hatch [R, UT]
Sen. Kay Hutchison [R, TX]
Sen. John Isakson [R, GA]
Sen. Richard Lugar [R, IN]
Sen. Mitch McConnell [R, KY]
Sen. Lisa Murkowski [R, AK]
Sen. Pat Roberts [R, KS]
Sen. Gordon Smith [R, OR]
Sen. Olympia Snowe [R, ME]
Sen. Arlen Specter [R, PA]
Sen. Ted Stevens [R, AK]
Sen. John Warner [R, VA]
Rep. Roger Wicker [R, MS-1]

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Others Voting 'Aye'

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Sen. Joseph Lieberman [I, CT]
Sen. Bernard Sanders [I, VT]

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Democrats Voting 'Nay'

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Republicans Voting 'Nay'

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Sen. Wayne Allard [R, CO]
Sen. John Barrasso [R, WY]
Sen. Christopher Bond [R, MO]
Sen. Samuel Brownback [R, KS]
Sen. Jim Bunning [R, KY]
Sen. Richard Burr [R, NC]
Sen. C. Saxby Chambliss [R, GA]
Sen. Thomas Coburn [R, OK]
Sen. Larry Craig [R, ID]
Sen. Jim DeMint [R, SC]
Sen. John Ensign [R, NV]
Sen. Michael Enzi [R, WY]
Sen. Lindsey Graham [R, SC]
Sen. Judd Gregg [R, NH]
Sen. James Inhofe [R, OK]
Sen. Jon Kyl [R, AZ]
Sen. Mel Martinez [R, FL]
Sen. John McCain [R, AZ]
Sen. Jefferson Sessions [R, AL]
Sen. Richard Shelby [R, AL]
Sen. John Sununu [R, NH]
Sen. John Thune [R, SD]
Sen. David Vitter [R, LA]
Sen. George Voinovich [R, OH]

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Others Voting 'Nay'

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Democrats Voting 'Abstain'

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Sen. Joseph Biden [D, DE]
Sen. Edward Kennedy [D, MA]

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See Full Voting History (4 votes)Hide Voting History     Show All Actions (54 actions)Hide Actions

Voting History

Date	Chamber	Question	Aye	Nay	Result
October 01, 2008	Senate	H.R.2095 Clean Railroads Act of 2007 On the Motion (Motion to Concur in the House Amdt. To the Senate Amdt. to H.R. 2095 )	74	24	Motion Agreed to	See Vote
September 29, 2008	Senate	H.R.2095 Clean Railroads Act of 2007 On the Cloture Motion (Motion to Invoke Cloture on the Motion to Concur in the House Amdt. to the Senate Amdt. to H.R. 2095 )	69	17	Cloture Motion Agreed to	See Vote
October 17, 2007	House	H.R.2095 Clean Railroads Act of 2007 On Passage: H R 2095 Federal Railroad Safety Improvement Act	377	38	Passed	See Vote
October 17, 2007	House	H.R.2095 Clean Railroads Act of 2007 On Motion to Recommit with Instructions: H R 2095 Federal Railroad Safety Improvement Act	198	222	Failed	See Vote

All Bill Actions

• Enacted on Oct 16, 2008. Became Public Law No: 110-432.
• Signed on Oct 16, 2008.
• Oct 06, 2008. Presented to President.
• Oct 02, 2008: Message on Senate action sent to the House.
• Oct 01, 2008. Cleared for White House.
• Oct 01, 2008: Senate agreed to motion to agree to House amendment to Senate amendment to the measure by Yea-Nay Vote. 74 - 24. Record Vote Number: 210.
• Oct 01, 2008: Motion to concur in House amendment to Senate amendment with an amendment (SA 5677) withdrawn by Unanimous Consent.
• Oct 01, 2008: Considered by Senate.
• Sep 30, 2008: Considered by Senate.
• Sep 29, 2008: Cloture on the motion to concur in House amendment to Senate amendment with an amendment (SA 5677) invoked in Senate by Yea-Nay Vote. 69 - 17. Record Vote Number: 209.
• Sep 29, 2008: Considered by Senate.
• Sep 27, 2008: Motion to concur in House amendment to Senate amendment with an amendment (SA 5677) made in Senate.
• Sep 27, 2008: Cloture motion on the motion to concur in the House amendment to Senate amendment presented in Senate.
• Sep 27, 2008: Motion to concur in House amendment to Senate amendment made in Senate.
• Sep 27, 2008: Measure laid before Senate by unanimous consent.
• Sep 25, 2008: Message on House action received in Senate and at desk: House amendment to Senate amendment.
• Sep 24, 2008: House agreed to Senate amendment with an amendment pursuant to H.Res. 1492.
• Aug 01, 2008: Message on Senate action sent to the House.
• Passed by Unanimous Consent in the Senate on Aug 01, 2008. Passed Senate with an amendment by Unanimous Consent.
• Aug 01, 2008: Measure laid before Senate by unanimous consent.
• Aug 01, 2008: Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.
• Oct 18, 2007: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
• Oct 17, 2007: The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2095.
• Passed roll in the House on Oct 17, 2007. On passage Passed by the Yeas and Nays: 377 - 38 (Roll no. 980).
• Oct 17, 2007: On motion to recommit with instructions Failed by the Yeas and Nays: 198 - 222 (Roll no. 979).
• Oct 17, 2007: The previous question on the motion to recommit with instructions was ordered without objection.
• Oct 17, 2007: DEBATE - The House proceeded with 10 minutes of debate on the Sali motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with amendments that strike "Federal Railroad Safety Administration" each place it appears and insert "Federal Railroad Administration"; and insert a new section regarding funding limitation.
• Oct 17, 2007: Mr. Sali moved to recommit with instructions to Transportation.
• Oct 17, 2007: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
• Oct 17, 2007: The previous question was ordered pursuant to the rule.
• Oct 17, 2007: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2095.
• Oct 17, 2007: DEBATE - Pursuant to the provisions of H.Res. 724, the Committee of the Whole proceeded with 10 minutes of debate on the Rohrabacher amendment.
• Oct 17, 2007: DEBATE - Pursuant to the provisions of H.Res. 724, the Committee of the Whole proceeded with 10 minutes of debate on the Pallone amendment.
• Oct 17, 2007: DEBATE - Pursuant to the provisions of H.Res. 724, the Committee of the Whole proceeded with 10 minutes of debate on the Napolitano amendment.
• Oct 17, 2007: DEBATE - Pursuant to the provisions of H.Res. 724, the Committee of the Whole proceeded with 10 minutes of debate on the Oberstar amendment.
• Oct 17, 2007: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2095.
• Oct 17, 2007: The Speaker designated the Honorable Earl Pomeroy to act as Chairman of the Committee.
• Oct 17, 2007: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 724 and Rule XVIII.
• Oct 17, 2007: Rule provides for consideration of H.R. 2095 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against the consideration of the bill except those arising under clause 9 or 10 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill.
• Oct 17, 2007: Considered under the provisions of rule H. Res. 724.
• Oct 17, 2007: Rule H. Res. 724 passed House.
• Oct 10, 2007: Rules Committee Resolution H. Res. 724 Reported to House. Rule provides for consideration of H.R. 2095 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against the consideration of the bill except those arising under clause 9 or 10 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill.
• Added to calendar on Sep 19, 2007: Placed on the Union Calendar, Calendar No. 208..
• Sep 19, 2007: Reported (Amended) by the Committee on Transportation. H. Rept. 110-336.
• Added to calendar on Jun 14, 2007: Ordered to be Reported (Amended) by Voice Vote..
• Jun 14, 2007: Committee Consideration and Mark-up Session Held.
• May 22, 2007: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
• May 22, 2007: Subcommittee Consideration and Mark-up Session Held.
• May 22, 2007: Forwarded by Subcommittee to Full Committee by Voice Vote .
• May 10, 2007: Sponsor introductory remarks on measure. (CR E1015-1017)
• May 02, 2007: Sponsor introductory remarks on measure. (CR E916-917)
• May 02, 2007: Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
• May 01, 2007: Referred to the House Committee on Transportation and Infrastructure.
• Introduced on May 01, 2007.

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Related Bills:

• S.1889
• H.Res.724
• H.Res.1492

Related Issue Areas:

• Medical supplies
• Transportation
• Accident prevention
• Actions and defenses
• 73 more
• Administrative remedies
• Business
• Civil rights
• Colorado
• Communications
• Congressional reporting requirements
• Criminal justice
• Damages
• Department of Labor
• Department of Transportation
• Disciplining of employees
• Discrimination in employment
• Dismissal of employees
• Emergency communication systems
• Emergency management
• Emergency medicine
• Employee rights
• Employee training
• Employers' liability
• Environmental protection
• Executive departments
• Executive reorganization
• Families
• Family services
• Federal advisory bodies
• Federal employees
• Fines (Penalties)
• Government employees
• Government information
• Government paperwork
• Government procurement
• Government publicity
• Governmental investigations
• Hazardous substances
• Hours of labor
• Job training
• Judicial review
• Labor
• Law
• Licenses
• Limitation of actions
• Maintenance and repair
• Medical care
• Medical instruments and apparatus
• Medicine
• Occupational health and safety
• Public contracts
• Public service advertising
• Punitive damages
• Railroad accidents
• Railroad commuting traffic
• Railroad employees
• Railroad equipment
• Railroad freight operations
• Railroad passenger traffic
• Railroad safety
• Railroads
• Research and development facilities
• Right-of-way
• Safety appliances
• Science policy
• State and local government
• State laws
• Telecommunication
• Telephone
• Traffic accidents and safety
• Traffic signs and signals
• Transportation of hazardous substances
• Transportation planning
• Transportation research
• Tunnels
• Wage restitution
• Whistle blowing

Data from the Congressional Research Service

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In the News

November 20, 2008 Mica to brief high-speed rail stakeholders on RFP requirements

... year by Mica and other Transportation and Infrastructure Committee members — was included in the Rail Safety Enhancement Act of 2008 (HR 2095/S. 1889). ...

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Source: Progressive Rail Roading, WI

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November 17, 2008 North Texas Looks to Extend Rail

... executive administrator of the nonprofit group Texas Rail Advocates, noted that Congress' passage last month of HR 2095 - known as the Railroad Safety ...

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Source: Bond Buyer (subscription), NY

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November 10, 2008 TTCI ramps up emergency response, domestic preparedness training ...

The recently enacted rail safety law (HR 2095) also authorizes federal funding for TTCI to begin designing and building an above-ground rail tunnel and ...

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Source: Progressive Rail Roading, WI

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Blog Coverage

November 26, 2008 PointofLaw.com | PointOfLaw Forum: Trial lawyer lobbying: Let the ...

H.R. 2095 (Railroad Safety Improvement Act); as passed by both Houses; specific interest in Section 210 relating to preemption of state law regarding accidents at highway-rail grade crossings; Section 109 relating to an FRA study ...

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Source: PointOfLaw Forum

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November 23, 2008 Nov 22 “End The Fed” Protest Rally YouTube Videos « Live Free Or Die

Roll Call - Judd Gregg · Vote: 'Aye' regarding H.R.6867 · Vote: 'Aye' regarding H.R.1424 · Vote: 'Aye' regarding H.R.1424 · Vote: 'Aye' regarding H.R.7081 · Vote: 'Nay' regarding H.

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November 22, 2008 ‘Dr Doom’, Peter Schiff, on NPR’s “Planet Money” « Live Free Or Die

Roll Call - Judd Gregg · Vote: 'Aye' regarding H.R.6867 · Vote: 'Aye' regarding H.R.1424 · Vote: 'Aye' regarding H.R.1424 · Vote: 'Aye' regarding H.R.7081 · Vote: 'Nay' regarding H.

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