Mr. Speaker, I'd like to thank my friend, the gentlewoman from California (Ms. Matsui) for the time, and I yield myself such time as I may consume. The Federal Railroad Administration was created by…
Mr. Speaker, I'd like to thank my friend, the gentlewoman from California (Ms. Matsui) for the time, and I yield myself such time as I may consume.
The Federal Railroad Administration was created by the Department of Transportation Act of 1966. The Federal Railroad Administration, FRA, is charged with overseeing the Federal rail safety program.
As all of our colleagues know, Mr. Speaker, railroads crisscross every congressional district, and their safe operation is of national importance, especially since they play such an integral part in our national economy by transporting products and people to and from ports, and in the instance of products, from manufacturers, to suppliers, to the consumers.
Since 1978, there's been a dramatic decline in the number of railway accidents. Last year, there were just over 2,800 such accidents, obviously too many, but a significant decline compared to the past. Obviously more can be done to reduce the number of accidents and save lives, and more should be done.
FRA classifies the causes of train accidents into five categories: human factors, track and structures, equipment, signal and train control, and miscellaneous. Of those categories, human factors and track are responsible for the majority of train accidents. Last year, 2006, over 70 percent of such accidents were caused by human factors or track defects.
Most rail-related deaths are to pedestrians on rail lines, trying to cross obviously, and motorists colliding with trains at grade crossings. While there are nearly 1,000 rail-related deaths each year, about 20 to 30 rail employees unfortunately are killed while on duty each year.
The underlying legislation being brought forward by this rule, the Federal Railroad Safety Improvement Act of 2007, seeks to reduce the number of accidents caused by human fatigue by strengthening the hours of service law for signalmen and train crews. The legislation makes changes to what is known as limbo time, which is the wait period when locomotive crews wait for pickup after a day's run. Specifically, the bill phases down limbo time over 3 years, 40 to 30 to 10 hours per month. The bill also creates new exceptions to limbo time in the case of an accident, track obstruction, weather delays or natural disasters. It gives signal and train workers additional hours of rest, 10 hours in 24, and mandatory days off, 1 in 7.
The Department of Transportation estimates that by 2020 the amount of freight moved by rail, measured by weight, will increase by approximately 50 percent. Furthermore, many local governments are interested in establishing, or expanding, commuter rail operations, which often operate on the freight rail network. As a result, the number of train miles on the Nation's freight rail network will significantly increase in the coming years. If train accident rates do not improve, this will lead obviously to an increased number of accidents, injuries and fatalities and some of the gains of the past decade may be lost, and obviously we'd like to avoid that.
I'd like to thank both Chairman Oberstar and Ranking Member Mica for their bipartisan work on this legislation, especially on this issue of the limbo time. I think it goes to show that when people are willing to work together across the aisle to try to come up with compromises that good progress can be made.
Now, unlike the bipartisan nature by which the Transportation Committee worked on this bill, the majority in the Rules Committee did not live up to that standard. Only four out of 10 amendments. There were 10 amendments proposed. A lot of time those amendments take a lot of work by Members, a lot of work, a lot of time, a lot of dedication, and only four out of the 10 amendments that Members brought to the Rules Committee were made in order, and of those, only one was an amendment by a Member of the Republican side of the aisle.
During consideration of this rule, Mr. Speaker, the minority made several attempts to make Republican amendments in order, but in the Rules Committee, the majority blocked each amendment by a party-line vote, and I think that's unfortunate. It's quite a contrast to how the Transportation Committee worked and some other committees in this Congress.
It's unfortunate, especially when we take into account the promises made by the majority that they would bring transparency and openness and fairness to the process. We see time and time and time again exactly the opposite. This is really sad.
Mr. Speaker, I reserve my time.
Mr. Speaker, I would inform my friend that we do not.
Mr. Speaker, thank you very much for your courtesy. I thank my good friend Ms. Matsui for hers as well.
Again, with regard to the underlying legislation, it's important legislation. I think it's a good work product that's come forth from compromise, people reaching out from both sides of the aisle and working together. But the rule, unfortunately, is most unfair, as is typically the case with this new majority.
Mr. Speaker, I will be asking for a ``no'' vote on the previous question so that we can amend this rule and allow the House to consider a change to the rules of the House to restore accountability and enforceability to the earmark rule.
Under the current rule, so long as the chairman of a committee of jurisdiction includes either a list of earmarks contained in the bill or report, or a statement that there are no earmarks, no point of order lies against the bill. This is the same as the rule in the last Congress.
However, under the rule as it functioned under the Republican majority in the 109th Congress, even if the point of order was not available on the bill, it was always available on the rule as a question of consideration. But because the Democratic Rules Committee specifically exempts earmarks from the waiver of all points of order, they deprive Members of the ability to raise the question of earmarks on the rule or on the bill.
I'd like to direct our colleagues, Mr. Speaker, to a letter that the House Parliamentarian, Mr. John Sullivan, recently sent to the Rules Chair, Ms. Slaughter, which confirms what we have been saying since January, that the Democratic earmark rule contains loopholes. In his letter to Chairwoman Slaughter, the Parliamentarian states
that the Democratic earmark rule ``does not comprehensively apply to all legislative proposition at all stages of the legislative process.''
I will insert this letter in the Record at this point.
House of Representatives,
Office of the Parliamentarian,
Washington, DC, October 2, 2007.
Hon. Louise McIntosh Slaughter,
Committee on Rules, House of Representatives,Washington, DC.
Dear Chairwoman Slaughter: Thank you for your letter of
October 2, 2007, asking for an elucidation of our advice on
how best to word a special rule. As you also know, we have
advised the committee that language waiving all points of
order ``except those arising under clause 9 of rule XXI''
should not be adopted as boilerplate for all special rules,
notwithstanding that the committee may be resolved not to
recommend that the House waive the earmark-disclosure
requirements of clause 9.
In rule XXI, clause 9(a) establishes a point of order
against undisclosed earmarks in certain measures and clause
9(b) establishes a point of order against a special rule that
waives the application of clause 9(a). As illuminated in the
rulings of September 25 and 27, 2007, clause 9(a) of rule XXI
does not comprehensively apply to all legislative
propositions at all stages of the legislative process.
Clause 9(a) addresses the disclosure of earmarks in a bill
or joint resolution, in a conference report on a bill or
joint resolution, or in a so-called ``manager's amendment''
to a bill or joint resolution. Other forms of amendment--
whether they be floor amendments during initial House
consideration or later amendments between the Houses--are not
covered. (One might surmise that those who developed the rule
felt that proposals to amend are naturally subject to
immediate peer review, though they harbored reservations
about the so-called ``manager's amendment,'' i.e., one
offered at the outset of consideration for amendment by a
member of a committee of initial referral under the terms of
a special rule.)
The question of order on September 25 involved a special
rule providing for a motion to dispose of an amendment
between the Houses. As such, clause 9(a) was inapposite. It
had no application to the motion in the first instance.
Accordingly, Speaker pro tempore Holden held that the special
rule had no tendency to waive any application of clause 9(a).
The question of order on September 27 involved a special rule
providing (in pertinent part) that an amendment be considered
as adopted. Speaker pro tempore Blumenauer employed the same
rationale to hold that, because clause 9(a) had no
application to the amendment in the first instance, the
special rule had no tendency to waive any application of
clause 9(a).
The same would be true in the more common case of a
committee amendment in the nature of a substitute made in
order as original text for the purpose of further amendment.
Clause 9(a) of rule XXI is inapposite to such an amendment.
In none of these scenarios would a ruling by a presiding
officer hold that earmarks are or are not included in a
particular measure or proposition. Under clause 9(b) of rule
XXI, the threshold question for the Chair--the cognizability
of a point of order--turns on whether the earmark-disclosure
requirements of clause 9(a) of rule XXI apply to the object
of the special rule in the first place. Embedded in the
question whether a special rule waives the application of
clause 9(a) is the question whether clause 9(a) has any
application.
In these cases to which clause 9 of rule XXI has no
application in the first instance, stating a waiver of all
points of order except those arising under that rule--when
none can so arise--would be, at best, gratuitous. Its
negative implication would be that such a point of order
might lie. That would be as confusing as a waiver of all
points of order against provisions of an authorization bill
except those that can only arise in the case of a general
appropriation bill (e.g., clause 2 of rule XXI). Both in this
area and as a general principle, we try hard not to use
language that yields a misleading implication.
I appreciate your consideration and trust that this
response is to be shared among all members of the committee.
Our office will share it with all inquiring parties.
Sincerely,
John V. Sullivan.
This amendment will restore the enforceability and accountability of the earmark rule to where it was at the end of the 109th Congress to provide Members with an opportunity to bring the question of earmarks before the House for a vote. I would urge all my colleagues to close this loophole by opposing the previous question.
Mr. Speaker, at this time, I ask unanimous consent to insert the text of the amendment and extraneous materials immediately prior to the vote on the previous question.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.