Floor Statements

Madam Speaker, on rollcall No. 1034, 1035, and 1036 I was not present because I was delayed returning from Iraq on official travel.

Had I been present, I would have voted ``yes'' on each of these rollcall votes.

Madam Speaker, I rise today to call out to the American people to ask them to take notice of what's happening here on the floor. When the majority party took control in January, they promised a new direction. But the only direction they've received is to go backwards. Here it is November, and the President has not received one appropriations bill on his desk.

The Congress has not moved this slowly in 20 years, and the reason is purely political. They want to drastically increase social spending, and they can't get a bill passed on social spending without coupling it and holding hostage our veterans bill.

Our veterans deserve better. Our veterans deserve the funding that they need.

I hope every veteran in America is listening to this debate today. I hope they realize that the veterans funding is being held hostage.

The President will veto the social spending the Democrats propose and thus delay the funds needed to go to our veterans around this country.

I urge the majority party to stop this charade, give the veterans a straight up-or-down vote, and it'll pass this House overwhelmingly.

I thank the Congress for listening. I thank the American people for listening to me.

Madam Speaker, on rollcall No. 1014 taken on Tuesday, October 30, 2007, had I been present, I would have voted ``yea.''

Madam Speaker, on rollcall No. 1013 taken on Tuesday, October 30, 2007, had I been present, I would have voted ``nay.''

Madam Speaker, on rollcall No. 1012 taken on Monday, October 29, 2007, had I been present, I would have voted ``yea.''

Madam Speaker, on rollcall No. 1011 taken on Monday, October 29, 2007, had I been present, I would have voted ``yea.''

Madam Speaker, on rollcall No. 1009, I was not present. Please note that I view rollcall No. 1009 as a re-vote of rollcall No. 982 on October 18, 2007 where I voted

no. Had I been present, I would have voted ``no.''

Madam Speaker, on rollcall No. 1008, Motion to Recommit with Instructions on H.R. 3963, I was not present. Had I been present, I would have voted ``yes.''

Mr. Speaker, will the gentleman yield?

Mr. Speaker, I want to thank the gentleman, and I just want to echo what he said about the Capitol Hill Police and what they do every day, protecting us, making sure the grounds are safe, not only for us but the people who do business here, the visitors here. So we owe them a great debt of gratitude.

I would urge all of you, while not all of you were able to get out to the game and not all of you were able to play in the game, but I would urge all of you, when you see a Capitol Hill Police officer out there, thank them. Thank them for what they do for you, for your family and for, as I said, everybody that uses this great Capitol Hill complex.

The game, as Heath pointed out, didn't end up the way we thought it would. Some thought we gave better than we took. Some thought that the Capitol Hill Police could have scored 56 on us. That will remain to be seen, but nobody was hurt during the game. Everybody played. We all had a lot of fun, and we raised some money for the benevolent fund that goes to the kids of the Capitol Hill Police. So it was a great success.

I appreciate all those that participated. Practices were early. Heath and John Booty and Ken Harvey, who really ran the show, did a great job of getting us out there in the morning.

I also want to thank the Members that showed up to the game. Some of you came out: Henry Brown, Mike Conaway, Stephanie Tubbs Jones, Jesse Jackson, Gregory Meeks and Lincoln Davis. Thank you guys for coming out there to the game. I think that's extremely important that when you are out there, we're out there, leaving a little skin on the field, a little blood, but all of it's for a great cause to the Capitol Hill Police.

Sergeant at Arms, Bill Livingood, thank you. The Chief of Police, Philip Morse, thank you for all your help. And also a special thanks to Vardell Williams, who's now become the voice of the Longest Yard Classic. Thank you. He works here for the superintendent, but he volunteered to be out there to be the voice of the Longest Yard Classic.

So again I thank everybody, and congratulations to the Capitol Hill Police.

The following is our team roster.

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Jersey

Member name State number ------------------------------------------------------------------------ Kendrick Meek........................ Florida................ 0 Zach Wamp............................ Tennessee.............. 1 Pat Murphy........................... Pennsylvania........... 3 Jim Jordan........................... Ohio................... 4 Joe Donnelly......................... Indiana................ 7 Anthony Weiner....................... New York............... 9 Charlie Dent......................... Pennsylvania........... 15 Brad Ellsworth....................... Indiana................ 18 Heath Shuler......................... North Carolina......... 21 Jason Altmire........................ Pennsylvania........... 24 Sam Graves........................... Missouri............... 27 Jack Kingston........................ Georgia................ 28 Jim Gerlach.......................... Pennsylvania........... 30 John Sullivan........................ Oklahoma............... 39 Dean Heller.......................... Nevada................. 42 Jeff Flake........................... Arizona................ 44 Todd Tiahrt.......................... Kansas................. 45 Michael Arcuri....................... New York............... 58 Thaddeus McCotter.................... Michigan............... 65 Rick Renzi........................... Arizona................ 67 Gresham Barrett...................... South Carolina......... 76 Paul Ryan............................ Wisconsin.............. 80 Bill Shuster......................... Pennsylvania........... 00 Kevin McCarthy....................... California............. 11* ------------------------------------------------------------------------ *Might change.

Announcement by the Speaker Pro Tempore

Mr. Chairman, I yield myself such time as I may consume.

We are here today to consider one of the most important pieces of legislation that we will undertake this year, as the chairman pointed out, the Federal Rail Safety Improvement Act of 2007.

As the chairman pointed out, there are still accidents that occur and there are still deaths that occur on rail, but to put that into perspective, in 2006, it was in fact the safest year ever in our Nation's railroad history.

Over the past 30 years, we have made tremendous progress in reducing the number of train accidents and deaths that occur around our rail yards and railroad lines. Let me give you some of those statistics.

In 1996, there were 33 railroad employees that were killed; in 2006, it's down to 16. Now, that's 16 too many, and we can continue to reduce that as we're attempting to do in this bill, but as you can see, there has been definite improvement.

Passenger trains, which were carrying, in 1996, 397 million people, in that year, there were 12 passengers killed. In 2006, there were 549 million passengers that were transported by train, and there were only two killed in 2006. Once again, a significant decrease. Any death is too many, but we're seeing positive results in the rail industry. In 1996, 488 people were killed at grade crossing accidents; and in 2006, that number, again, is down to 369.

While those numbers are high, this bill is going to address, as I will talk about here, how it's going to address those unsafe conditions and how we can improve making them safer for the traveling public and, of course, the rail industry.

One of the biggest issues we address in this bill is limbo time, the time that train crews must wait for pickup at the end of a run. Limbo time is very complicated. We went through some complicated negotiations, but in the end, limbo time will still exist. And I think it's important that people know that the limbo time that employees wait at the end of their run, they are being paid for limbo time, but it extends that waiting period and can result in crews being fatigued. So we phased that down in this bill. We phased down limbo time to 10 hours per month over a period of 3 years. Complete elimination of limbo time would have had some unintended consequences, like forcing train crew members to relocate their homes to new reporting points. The compromised language in this bill avoids disrupting the lives of rail workers and should permit railroad operations to continue smoothly and safely.

Another safety concern addressed in this bill is installation of positive train control, or PTC. The bill mandates that PTC be installed by the year 2014, but also provides up to 2 years of leeway in case a better or more effective system is developed.

Installation of PTC will likely cost about $3 billion, but the people that use the system will pay for that. That's not going to be passed on to the taxpayers, but the people that use the system and the rail industry will see some positive things happening in their operations to help them lower their costs. That's why I think it's important that we install an effective and reliable system, and this bill will ensure that.

I must admit that I think the bill still has some weaknesses, and we need to continue to improve in some critical areas. Grade crossing and trespassing fatalities, still the numbers are high. As I mentioned earlier, in 1996, there were 471 fatalities. That number went up, trespassers that died in 2006, to 517. And trespassers are people that are going onto rail properties illegally, they don't belong there, but those trespassing deaths are something we have to address.

Grade crossing fatalities. Again, we've seen them decrease, but we need to do more. I am grateful to Mr. Graves, who submitted an important amendment in the committee markup. The amendment is now part of the bill and authorizes up to $250,000 in emergency funding for a crossing which experiences a collision with a school bus or an accident where there is a fatality. Presently, if there is a fatality, that grade crossing just stays on the list, but with Mr. Graves' amendment, we're going to push it up until it's prioritized and make sure that crossing is dealt with in a timely manner.

I am also grateful to Mr. Brown from South Carolina, who helped us create a provision fostering the use of advanced warning devices at railroad crossings.

In closing, I want to thank Chairman Oberstar and Chairwoman Brown, the subcommittee Chair, for working with me and Mr. Mica in trying to make this bill a better bill. As I said, there are still some improvements that we would like to see, and we will continue to work through the process to make the bill a stronger bill.

I urge my colleagues to support H.R. 2095.

Mr. Chairman, I reserve the balance of my time.

I yield as much time as he may consume to the distinguished ranking member of the Transportation Committee.

Mr. Chairman, I yield 2 minutes to the gentleman from Louisiana (Mr. Baker).

Mr. Chairman, I yield 4 minutes to the gentleman from Ohio (Mr. LaTourette), the distinguished former chairman of the Rail Subcommittee and one of America's experts in the rail industry.

Mr. Chairman, at this time I have no further speakers, so I will continue to reserve the balance of my time.

Mr. Chairman, I reserve my time.

Mr. Chairman, I continue to reserve my time.

Mr. Chairman, I yield myself such time as I may consume.

Mr. Chairman, through this process, we have had some significant differences, but we were able to work them out and produce a product that has bipartisan support in the committee. For me, it was a great experience working with Chairwoman Brown, but especially working with Chairman Oberstar. At times it was quite daunting to go into negotiations with somebody who not only knows the current issues of the rail history, but knows the vast history of the rail industry. So I made it through the process and learned quite a bit, and I appreciate the chairman and chairwoman for working with me, and also, of course, Mr. Mica for giving me the responsibility on this piece of legislation.

Mr. Chairman, I urge my colleagues to support H.R. 2095, the Federal Rail Safety Improvement Act of 2007.

Mr. Chairman, I yield back the balance of my time.

Mr. Chairman, I do not oppose the amendment, but ask unanimous consent to claim the time in opposition.

Mr. Chairman, Chairman Oberstar's manager's amendment contains several important provisions. First, it codifies FRA's existing safety advisory on railroad bridges. This provision will help ensure that the recent tragic collapse of the highway bridge in Minneapolis will never be repeated on our Nation's rail system.

The manager's amendment also modifies the Swift Act, which requires locomotives to sound whistles at every crossing in the Nation. The amendment will require the FRA to take into account the impact of horn use on local communities.

For example, the town of Baldwin, Florida, is only a mile wide, but has a number of rail crossings and heavy train traffic. According to Mayor Godbold of Baldwin, locomotives sound their horns over a thousand times per day in this small town. The amendment will help Baldwin and other towns balance issues of safety and noise pollution.

Finally, the manager's amendment makes some technical corrections deleting the preemption and the police provisions which have already been enacted in the 9/11 bill.

Mr. Chairman, I yield back the balance of my time.

Mr. Chairman, I have some concerns with this amendment which attempts to regulate railcar brake inspections in Mexico.

As I understand it, this issue has already been dealt with by the FRA. The Union Pacific Railroad had requested a limited waiver to do certain air brake testing in Mexico, but the Federal Rail Administration denied that waiver. So air brake and other safety inspections are actually being done on the American side of the border.

A potentially larger issue is that this amendment attempts to regulate labor conditions in Mexico. This amendment would interfere with the existing flow of commerce across our southern border. I do not have an answer to that, but I am concerned it could be construed as violating NAFTA.

While I agree with Mrs. Napolitano's intent of ensuring a safe U.S. rail system, I have great concerns. But I hope we can work together as we go through conference to take care of my concerns. I thank the chairman.

Mr. Chairman, I rise to claim the time in opposition.

Mr. Chairman, this amendment deals with STB preemption of laws regarding railroad waste transportation facilities. The Rail Subcommittee has held several hearings on this issue, one last year and another just yesterday.

I've a great interest in this issue, as my home State of Pennsylvania is the number one recipient of imported waste from other States, most of it coming from New Jersey and New York City. So, as I said, I've great concern.

At yesterday's hearing, we heard many complaints from local communities about illegal railroad, or not

even railroads, but people who claim the railroads, that are waste facilities. We also heard from the STB that most local laws are not currently preempted by Federal law. In fact, many entities claiming Federal preemption do not have legitimate claims.

I think it's clear that this law has to be clarified to make it easier to stop unscrupulous operators that Mr. Pallone mentioned in his State of New Jersey, but regarding Mr. Pallone's amendment, the STB has told our rail staff that this amendment needs improvement to accomplish that, to accomplish the stated goal of regulating railroad waste facilities.

In fact, I quote from a letter from the chairman of STB that says his ``general concern with the Pallone amendment is that it is overbroad and could result in local land use and zoning agencies exerting jurisdiction over legitimate rail transportation projects and impeding interstate commerce.''

In addition, the STB is already in the process of addressing many of these issues, which they need to do. If people were out there operating waste facilities in an illegal or unscrupulous manner, that needs to be addressed.

I would like to work with Mr. Pallone on this issue, but I'm going to oppose this amendment on those grounds. We need to encourage States to deal with their trash problem, all of us across this country. We all produce waste. We've got to make sure in our neighborhoods that we're taking care of our own waste and not shipping it to other States, and I'm just concerned that that's what will occur if this amendment is passed. And so I urge my colleagues to oppose this amendment.

Mr. Chairman, I reserve the balance of my time.

Mr. Chairman, I have no further speakers, and I reserve my time.

Mr. Chairman, I agree with what the chairman said. Again, I don't disagree with the situation that is occurring that appears significant in New Jersey.

I am concerned, as I stated, that this language is going to allow communities to stop legitimate and law-abiding rail entities and operations, to stop them when they don't like it. I have great concern in that.

I believe the trash issue, as I said, is significant. Pennsylvania is the biggest importer of trash in the Nation with 10 million tons every year coming across the border into Pennsylvania.

My concern is that this problem will get pushed out of New Jersey and out of other States into States that are more willing to handle it, and as I said, we all produce trash. I'm sure today I've got half a waste can or more in my office. My community produces trash. Communities have to deal with that problem.

Again, nobody wants a landfill in their backyard, but the reality is we've got to have landfills. We've got to have these waste transfer stations. We've got to make sure, though, that people that are operating them are operating them properly so that we're not damaging the environment, that we aren't doing negative things to our communities because, as we heard yesterday, outside of Philadelphia and Bensalem, Mr. Murphy's district, they were trying to redevelop their town, and right across the street, somebody wants to come in and put in a waste treatment facility or waste transfer station that's not going to be positive for that community.

So, again, local communities have to have some say, but we've got to make sure they're not overstepping and stopping legitimate operations.

I yield to the gentleman from Minnesota.

I appreciate and look forward to having those discussions. I, again, oppose the amendment.

Mr. Chairman, I yield back the balance of my time.

Mr. Chairman, as Mr. Rohrabacher pointed out, this authorizes a program to install a pilot electric conveyer system for cargo. There have been several concepts developed for the Port of Los Angeles to move cargo using electric trucks, LNG trucks, automated shuttles, and even maglev. The general idea is, as Mr. Rohrabacher has pointed out, to get rid of the diesel trucks and move the cargo to outlying areas for transload to trains or truck. This would cut air pollution and potentially cut the congestion that exists now in the Port of Los Angeles, and would certainly benefit all of the Nation as we develop these types of transportation ideas.

I support Mr. Rohrabacher's goal of reducing congestion and pollution and urge support of the amendment.

Madam Speaker, on rollcall No. 958, Final Passage of H.R. 2895, the National Affordable Housing Trust Fund Act of 2007, I was not present. Had I been present, I would have voted ``no.''

Madam Speaker, I rise today to honor Staff Sergeant Robert J. Flood, a fallen WWII veteran whose remains have finally been returned home to Chambersburg, PA. Robert Flood was killed in Germany in July 1944, when his plane was lost during a bombing raid on an aircraft factory in Bernburg. For 63 years, Robert Flood and his crew were unaccounted for.

Flood was only 22 years old at the time of his death. Prior to his service in WWII as a member of the U.S. Army Air Corps, Sgt. Flood was employed at the Letterkenny Army Depot in Chambersburg, Franklin County PA; a facility that remains active today in support of our current war against Al-Qaeda.

Sgt. Flood was injured in England in 1944 when his plane crash landed after running out of fuel. After recovering from his injuries he was assigned to another bomber, which was lost during the air raid in Germany. The fate and final resting place of Sgt. Flood and his crew remained unknown until 4 years ago when pieces of his plane and the remains of its crew were discovered in a field in Germany. Thankfully, through DNA testing, the identities of the crew were finally revealed, allowing Sgt. Flood to return home.

Robert Flood's name is engraved on the Wall of the Missing at the American Cemetery in Belgium. He was posthumously awarded the Purple Heart with a Presidential Accolade in 1945. Sgt. Robert Flood is survived by one brother and several nieces and nephews. His return home brings comfort and relief to his family, who went years without information about his death. Madam Speaker, Robert Flood dedicated his life to serving his country. His homecoming is a solemn reminder of the sacrifices our soldiers make in service to our Nation. Our thoughts are with his family, his fellow WWII veterans, and members of his community. Another soldier has been brought home.

Madam Speaker, I rise today to honor Corporal David McConnell of Altoona, Pennsylvania. CPL McConnell is currently serving in Iraq as part of the United States Marine Corps. He has served our country since 2005 when he first enlisted in the Marine Corps.

Corporal McConnell was deployed to Iraq on December 31, 2006, initially serving as an Infantryman. He was stationed in Fallujah as part of the Regimental Combat Team 6 Security Platoon, where he acted as convey security. Promoted to corporal in August, McConnell is currently stationed in Fallujah to provide protection services for the team directing leader engagement with Iraqi diplomats.

A dedicated and enthusiastic leader, Corporal McConnell is committed to furthering the cause he believes so much in. He is proud of the work of his unit and believes that the contributions and sacrifices they have made are well worth it to be able to assist in expanding freedom in Iraq.

I'd like to take this opportunity to thank and recognize David and the rest of our troops for their efforts in serving our military. He and his unit should be very proud of the work they are doing in Iraq and the sacrifices they have made for their country. Their courage and devotion do not go unnoticed, and they are all in our thoughts and prayers for a safe return home.

Madam Speaker, I rise today to recognize the winners of the ``Aim Higher'' awards from the HealthSouth Rehabilitation Hospital of Altoona, given to encourage and reward personal achievement within its community. For the past 10 years, HealthSouth has presented rehabilitation awards to members of their community who have overcome a great disability or injury. The ``Aim Higher'' awards ceremony will take place this year on October 1. I congratulate this year's winners: Karrie Lee, winner of the ``Live.Life'' Award; and Michael Kiel and William Ricciotti, winners of the ``Aim Higher'' Personal Achievement awards.

Karrie Lee is the winner of the HealthSouth ``Live.Life'' Award. Karrie was nominated by her mother for her incredible recovery from a life-threatening car accident. Karrie was hit by a tractor trailer in 2003, halfway through her senior year of high school. She was left in a coma for several days and suffered severe injuries. After undergoing several surgeries Karrie was discharged to the HealthSouth Rehabilitation Hospital, upon which time she began her recovery. While Karrie's life was completely interrupted by her accident, she worked hard and finished her senior year at home while completing her rehabilitation program. She took classes at St. Francis University and is now studying at the University of Pittsburgh, working toward her goal of becoming a nurse practitioner.

Michael Kiel is the recipient of the ``Aim Higher'' Personal Achievement Award. Michael was nominated for this award by his aunt. During his sophomore year of college, Michael was shot at a convenience store by a man he did not know. As a result, Michael suffered a spinal cord injury which left him paralyzed. While some would be defeated by such a tragic experience, Michael persevered, returning to college 4 months later. He earned a bachelor's degree in psychology and continued on to earn a master's in rehab counseling. He has a love for life and gives back to others who have suffered by working as a rehab counselor in Johnstown, Pennsylvania.

William Ricciotti is also a recipient of the ``Aim Higher'' Personal Achievement Award. Bill suffered a stroke in 2004 which left him disabled; however he worked through his injuries and gained back much of his mobility. He learned how to walk again and has made tremendous progress in making a nearly complete recovery. Though his left hand was left slightly impaired, he continues to work on improving in therapy. He has continued to enjoy life, participating in activities he has always loved. Bill's visits bring joy to the employees of HealthSouth, as he always exhibits a wonderful attitude.

Congratulations to Karrie, Michael and Bill. All of their stories are moving and inspiring, and many others can look up to their examples of personal strength and determination. Their stories will encourage others to never give up, and they may be comforted in knowing that no matter what is thrown their way, they can overcome it and carry on their lives with a positive outlook.

Madam Speaker, I rise today to recognize the winner of the distinguished Rehabilitation Advocate award from the HealthSouth Rehabilitation Hospital of Altoona, given annually to recognize those who have been a source of encouragement and advocacy for the center and its patients. This year's winner is the Honorable Robert Jubelirer.

Senator Jubelirer has made a life out of serving others as a leader, humanitarian, and advocate. He served over thirty years in the State Senate, working tirelessly on behalf of the citizens of Pennsylvania. The Senator served nearly 21 years as President Pro Tempore of the State Senate and served briefly as Lieutenant Governor of Pennsylvania. He has been instrumental in securing funding for key initiatives for Central Pennsylvania and has truly helped the area and community thrive. Numerous organizations have recognized the Senator over the years, for both his official duties and his work for numerous community causes.

For the past 13 years, Senator Jubelirer has taken time out of his hectic schedule to host and present HealthSouth's ``Aim Higher'' awards to members of the HealthSouth community who have overcome great obstacles. He personally recognized each recipient of the ``Aim Higher'' awards with a Commonwealth proclamation and touching personal message. He left the attendees of each ceremony encouraged and inspired.

Senator Jubelirer has brought joy and hope to the HealthSouth community. I, along with the staff and patients of HealthSouth would like to thank Senator Jubelirer for his efforts in bringing recognition to those who have overcome great challenges. He joins today's winners as sources of inspiration, bringing encouragement to all who cross their paths. I congratulate Senator Jubelirer and thank him for all he has done in reaching out to others and bettering the community.