Short Line Railroad Safety Enhancement Act of 2014

Mr. President, today Senator Murray and I are introducing legislation to enhance the safety practices and safety culture of short line railroads. The horrific derailment that occurred in Lac-Megantic, Quebec, last year, just 30 miles from the Maine border, brought to light the importance of ensuring the safe transportation of energy products. Specifically, our bill would authorize the Secretary of Transportation to make grants to a new Short Line Safety Institute for research, development, evaluation, and training efforts.

In the early morning hours of July 6, 2013, a freight train carrying hundreds of thousands of gallons of crude oil was sent hurtling toward the small, picturesque Canadian village of Lac-Megantic. The train derailed in the center of town, leveling several blocks, and killing 47 residents. Since the accident, the National Transportation Safety Board and the Department of Transportation have been working with American Short Line and Regional Railroad Association to develop new safety guidelines to prevent future disasters.

While this tragedy hit very close to home for us Mainers, there have been several other derailments of crude oil and other hazardous material recently across the country. Despite these incidents, the railroad industry maintains it has a strong safety record. According to the Association of American Railroads, 99.997 percent of rail hazmat shipments reached their destination without a release of product. This underscores the problem we face today we must ensure that we are taking the necessary steps to prevent another Lac-Megantic, while not overburdening an industry that has a proven track record of safety.

There are 550 short line railroad companies that operate over 50,000 miles of track, or nearly one third of the national railroad network. The tracks can be as short as 2 miles or up to more than 1,000 miles long. Generally, short line railroads must follow the same rules and regulations as the Nation's major railroads. But railroad safety is about more than just following the rules. Our bill would authorize the Short Line Safety Institute, under the Federal Railroad Administration's research and development programs, to provide a continuous and active focus on short line safety to assist individual short lines to improve their safety performance. It would allow for the hiring

of professional assessment staff who would work with individual short line managers and their employees to assess and improve safety practices. Safety training materials and techniques would be developed, and efforts would be made to further increase management and employee focus on creating a safety culture.

Short line railroads are mostly small businesses with far fewer employees than the Class I railroads. In addition, most of the employees have multiple responsibilities, stretching their time and resources thin. Furthermore, a large percentage of short line railroad resources go into track rehabilitation, which limits the resources available for other areas. This bill would allow short line railroad management to continually work with their employees using the most up to date methods to ensure safe operations. It would also improve awareness of industry best practices, both in general and with regard to specific commodities such as crude oil.

For those in rural America, short line railroads are a critical link to the national railroad network. Most are preserving light density lines that otherwise would have been abandoned, leaving thousands of small shippers in the lurch. They do their best to provide an essential service as safely as possible; however, with assistance, they believe they can do better, and establishing a Short Line Safety Institute is a cost effective way to do so. The concept merits our support, and I am pleased to introduce this legislation with Senator Murray to help make this concept a reality.

Mr. President, today Senator Murray and I are introducing legislation to enhance the safety practices and safety culture of short line railroads. The horrific derailment that occurred in Lac-Megantic, Quebec, last year, just 30 miles from the Maine border, brought to light the importance of ensuring the safe transportation of energy products. Specifically, our bill would authorize the Secretary of Transportation to make grants to a new Short Line Safety Institute for research, development, evaluation, and training efforts.

In the early morning hours of July 6, 2013, a freight train carrying hundreds of thousands of gallons of crude oil was sent hurtling toward the small, picturesque Canadian village of Lac-Megantic. The train derailed in the center of town, leveling several blocks, and killing 47 residents. Since the accident, the National Transportation Safety Board and the Department of Transportation have been working with American Short Line and Regional Railroad Association to develop new safety guidelines to prevent future disasters.

While this tragedy hit very close to home for us Mainers, there have been several other derailments of crude oil and other hazardous material recently across the country. Despite these incidents, the railroad industry maintains it has a strong safety record. According to the Association of American Railroads, 99.997 percent of rail hazmat shipments reached their destination without a release of product. This underscores the problem we face today we must ensure that we are taking the necessary steps to prevent another Lac-Megantic, while not overburdening an industry that has a proven track record of safety.

There are 550 short line railroad companies that operate over 50,000 miles of track, or nearly one third of the national railroad network. The tracks can be as short as 2 miles or up to more than 1,000 miles long. Generally, short line railroads must follow the same rules and regulations as the Nation's major railroads. But railroad safety is about more than just following the rules. Our bill would authorize the Short Line Safety Institute, under the Federal Railroad Administration's research and development programs, to provide a continuous and active focus on short line safety to assist individual short lines to improve their safety performance. It would allow for the hiring

of professional assessment staff who would work with individual short line managers and their employees to assess and improve safety practices. Safety training materials and techniques would be developed, and efforts would be made to further increase management and employee focus on creating a safety culture.

Short line railroads are mostly small businesses with far fewer employees than the Class I railroads. In addition, most of the employees have multiple responsibilities, stretching their time and resources thin. Furthermore, a large percentage of short line railroad resources go into track rehabilitation, which limits the resources available for other areas. This bill would allow short line railroad management to continually work with their employees using the most up to date methods to ensure safe operations. It would also improve awareness of industry best practices, both in general and with regard to specific commodities such as crude oil.

For those in rural America, short line railroads are a critical link to the national railroad network. Most are preserving light density lines that otherwise would have been abandoned, leaving thousands of small shippers in the lurch. They do their best to provide an essential service as safely as possible; however, with assistance, they believe they can do better, and establishing a Short Line Safety Institute is a cost effective way to do so. The concept merits our support, and I am pleased to introduce this legislation with Senator Murray to help make this concept a reality.

Mr President, in recent months, we have seen an outpouring of public support for maintaining meaningful open Internet rules. Americans are speaking loud and clear--they want an Internet that is a platform for free expression and innovation, where the best ideas and services can reach consumers based on merit rather than based on a financial relationship with a broadband provider. I agree, which is why today I am proud to join my friend in the House, Representative Doris Matsui of California, to introduce bicameral legislation requiring the Federal Communications Commission FCC, to ban pay-to-play deals on the Internet.

Since FCC Chairman Tom Wheeler began a proceeding to consider new open Internet rules, nearly 300,000 Americans have commented on his proposal. They are concerned that the Internet will become a place where broadband providers charge tolls to websites or applications in order to reach end users. This would represent a fundamental departure from the way in which consumers and entrepreneurs interact with the Internet. A two-tiered Internet based on ability to pay would harm the innovative and competitive environment we have all come to expect in the online world.

A pay-to-play Internet would allow larger companies to squeeze out their competitors. A small web company in Vermont that develops an idea to rival the largest Silicon Valley titans should not have to worry that its access to

consumers could be blocked because its competitors have a paid arrangement with broadband providers. The next generation of Internet companies should have the same protections that allowed a company like Vermont's Dealer.com to become a thriving success.

Such arrangements would also harm consumers, who would not have the assurance that the service they are paying for will provide the speed that they want. Too many Americans currently lack real choice in broadband providers, particularly those in rural areas. If the FCC clears the way for pay-to-play deals, whole swaths of the Internet could become functionally inaccessible to the customers of certain Internet providers. This is not the Internet we know today and we must act to ensure that it does not come to pass.

The Online Competition and Consumer Choice Act, which I am introducing with Congresswoman Matsui today, is straightforward. It requires the FCC to establish rules preventing providers from charging websites for priority access. It also requires rules to prevent providers from prioritizing their own affiliated content or services. This legislation should not be used by opponents of meaningful open Internet rules as an excuse for the FCC to not take any action that will protect consumers and innovators. The FCC should act now to ban these deals. I appreciate that Chairman Wheeler is asking whether they should be banned outright in the current open Internet proceeding. The overwhelming response from the American people is that they should be.

The importance of an open Internet is an issue that resonates outside of the Beltway, and with good reason--most Americans interact with the Internet as part of their daily lives. The issue of how we protect and promote an open Internet is crucial to our culture and our economy. I want to make sure that stakeholders from outside of Washington have an opportunity to show policymakers and regulators here that their decisions will have a significant impact throughout the country. That is why I am holding a Judiciary Committee field hearing on July 1 at the University of Vermont.

There should be widespread agreement to prevent special deals that harm consumers and dampen online innovation. The FCC and Congress should rightly focus on this timely and significant issue. I urge the Senate to pass this constructive legislative response.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President. I ask unanimous consent that the text of the bill be printed in the Record.