H.Res. 270: H.R. 1401 – Rail and Public Transportation Security Act of 2007

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 7-4 on Monday March 26, 2007.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 223-199 AFTER AGREEING TO THE PREVIOUS QUESTION BY THE YEAS AND NAYS 222-199 on Tuesday March 27, 2007.

MANAGERS: HASTINGS(FL)/DIAZ-BALART, LINCOLN

110th Congress 
1st Session

H.RES. 270

[Report No. 110-74]

 

H.R. 1401 – Rail and Public Transportation Security Act of 2007

  1. Structured rule.
  2. Provides one hour and twenty minutes of general debate, with one hour equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Homeland Security and twenty minutes equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Transportation and Infrastructure.
  3. Waives all points of order against consideration of the bill except those arising under clauses 9 and 10 of Rule XXI.
  4. Provides that the amendment in the nature of a substitute recommended by the Committee on Homeland Security shall be considered as an original bill for the purpose of amendment and shall be considered as read.
  5. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.
  6. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
  7. Waives all points of order against the amendments printed in the report except for those arising under clauses 9 and 10 of Rule XXI.
  8. Provides one motion to recommit with or without instructions.  

 

RESOLUTION

          Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1401) to improve the security of railroads, public transportation, and over-the-road buses in the United States, and for other purposes.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and shall not exceed one hour and 20 minutes, with one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Homeland Security and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure.  After general debate the bill shall be considered for amendment under the five-minute rule.  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 Homeland Security now printed in the bill.  The committee amendment in the nature of a substitute shall be considered as read.  All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 9 or 10 of rule XXI.  Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution.  Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted.  Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2.  During consideration in the House of H.R. 1401 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

 

SUMMARY OF AMENDMENTS MADE IN ORDER

(summaries derived from information provided by sponsors)

1. Thompson, Bennie (MS):
Manager's Amendment. 
The amendment makes technical and clerical changes to H.R. 1401, as reported by the Committee on Homeland Security.  It also clarifies the relationship between the Department of Homeland Security and Transportation in carrying out certain portions of the bill, and modifies the whistleblower protections for federal employees and contractors to make them more similar to those granted in H.R. 985. (10 minutes)

2. Arcuri (NY): 

The amendment requires the Secretary of Homeland Security, in coordination with the Secretary of Transportation, to conduct an assessment of the safety and security vulnerabilities of placing high voltage direct current electric transmission lines along active railroad rights-of-way.  The Amendment requires the Secretary to report the findings of this assessment to Congress within 6 months of enactment of the Act.  (10 minutes)

3. Cohen (TN): 
Establishes a program to coordinate with state and local governments to enable minimize the need for transportation of toxic inhalation hazardous materials by rail.  (10 minutes)

4. Castle (DE): 
This amendment requires the Secretary of Homeland Security to study foreign rail security practices that are not currently used in the U.S. and submit a report on recommendations for implementing such practices.  (10 minutes)

5. Sessions (TX): 
Prohibits funds in this act, except those noted in Section 108, from being used by Amtrak for any of the Top 10 worst revenue losing long-distance routes as noted by its September 2006 monthly performance report.  This amendment provides a waiver from this provision should the Secretary deem a route or a portion of a route as critical to homeland security.  (10 minutes)

6. Flake (AZ): 
This amendment would strike section 203, “Transportation Security Administration Breeding Program Increase” which authorizes an increase in the number of domestically bred canines under the Transportation Security Administration’s Puppy Program. (10 minutes)

7. Flake (AZ): 
This amendment would strike the section of the bill that provides a new Homeland Security grant program, “Over-The-Road Bus Security Assistance.”  (10 minutes)

8. Lynch (MA): 
The Amendment provides that not later than 1 year after the Secretary issues the detailed worker training guidance required under Section 109, the Secretary must submit a report to Congress on the progress of providers of covered transportation in meeting the Section’s worker training requirements.  The report must include the results of a survey, conducted by the Secretary, of covered workers regarding the effectiveness and adequacy of the training programs.   (10 minutes)

 

TEXT OF AMENDMENTS MADE IN ORDER

1. Thompson, Bennie (MS):

2. Arcuri (NY):

3. Cohen (TN):

4. Castle (DE):

5. Sessions (TX):

6. Flake (AZ):

7. Flake (AZ) #16:

8. Lynch (MA):