I thank the chairman, and I thank Ranking Member Mica for yielding me the time. Mr. Chairman, I want to commend the chairman and ranking member of the Homeland Security Committee for bringing this important legislation to the floor. As Mr.…
I thank the chairman, and I thank Ranking Member Mica for yielding me the time.
Mr. Chairman, I want to commend the chairman and ranking member of the Homeland Security Committee for bringing this important legislation to the floor. As Mr. Shuster indicated, there are some good provisions in the bill that will improve our Nation's rail network and the flow of freight and passengers using that. However, there is something very troubling in the manager's amendment which will be discussed soon.
Without careful consideration, there is a provision in the manager's amendment that could be detrimental to anybody who wants to ship anything on rail in this country or any passenger who wants to ride on Amtrak.
Unfortunately, section 3 of the manager's amendment is crippling to the bill. This section will undermine the efforts of the U.S. Department of Transportation and FRA's efforts to create a sound national safety policy. As Mr. Shuster indicated, for decades the preeminent jurisdiction has been maintained by DOT. Section 3 destroys that Federal preemption.
Under current law, States can enact safety laws as long as they address the unique local safety hazard. The amendment before us will change that and will allow States to effectively override Federal policies. With this amendment, the railroads could have 50 different sets of local laws to follow, and Federal law would no longer provide the blanket policy for the carriers to follow.
A few of the things that we look at on the Transportation and Infrastructure Committee is how DOT and FRA are doing with the implementation of our laws and regulations relating to the safety and security of the Nation's railroad. In addition, as a committee we also look into issues such as capacity on railroad network, and how efficiently and effectively the network is working for the freight passengers using the network.
Because this provision has been inserted into the manager's amendment without the benefit of bipartisan testimony and hearings, the catastrophic consequences of such provision have not been debated or considered, in my opinion, in regular order. I call for regular order today, Mr. Chairman. I know that the chairman of our full committee and the ranking member of our full committee are thoughtful Members, deliberative when it comes to our Nation's transportation laws. This provision severely cripples the good work of our committee, in my opinion, the good work of DOT, and FRA. We should not make radical changes to the law without careful bipartisan consideration. The consequences that has not occurred.
I would indicate that Chairwoman Brown has had a hearing. And I know the gentleman from North Dakota is preparing to speak on the horrible events that occurred in Minot, North Dakota. We also had the benefit of what used to be the American Trial Lawyers Association. I think in the greatest PR stunt in the universe they are now the American Association for Justice; they are no longer the Trial Lawyers.
I think that the gentleman's concern can be addressed without throwing out the Federal preemption, and I am saddened that the manager's amendment does that, and I hope my colleagues will oppose the manager's amendment because of section 3.
How much time is left, Mr. Chairman?
I want to thank Mr. King for yielding.
I listened very carefully to the colloquy between someone I have the greatest respect for in the entire Congress, Chairman Oberstar, and the gentleman from North Dakota. We had the gentleman from North Dakota and some of his constituents and people from the American Association for Justice before the committee.
I happen to believe that anybody who is injured as a result of fault by another person should have his or her day in court and should be compensated when that is required. But the problem we have with section 3, section 3 undoes decades of Federal preemption when safety matters are concerned on the Nation's railroads, and the situation that we are going to find ourselves in is the one that Mr. Shuster described: States will be free to pass 50 different sets of safety regulations, and trains are going to have to stop at the border and comply with this, that or the other thing.
If section 3 simply said what happened in Minot, North Dakota, is horrible and those people should have their day in court to have the ability to seek compensation, I would be the first one to support it.
I am afraid, however, and with as much respect as I have for the chairman of the committee, Mr. Oberstar, when the title of the document, section 3, is ``No Preemption of State Law'' it is going to have an unintended consequence. It is going to undo the fabric of our Nation's rail system. I think for that reason alone, notwithstanding whatever Mr. Mica had to say, for that reason alone, we should have come together in a bipartisan way, recognizing the strengthens of both the Homeland Security and the Transportation and Infrastructure Committee, and gotten this right.
This, in my opinion, is a ham-handed approach that should be defeated.
Mr. Chairman, I demand a recorded vote.