H.Res. 724: H.R. 2095 - Federal Railroad Safety Improvement Act of 2007

  COMMITTEE ACTION: REPORTED BY VOICE VOTE on Wednesday October 10, 2007.
FLOOR ACTION:

MANAGERS: MATSUI/DIAZ-BALART

110th Congress 
1st Session

H.RES. 724

[Report No. 110-371]

 

H.R. 2095 – Federal Railroad Safety Improvement Act of 2007

  1. Structured rule.
  2. Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.
  3. Provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure.
  4. Provides that the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read.
  5. Waives all points of order against the committee amendment in the nature of a substitute except those arising under clause 10 of rule XXI.  This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).
  6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.
  7. 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.
  8. Waives all points of order against the amendments printed in the report except for those arising under clause 9 or 10 of rule XXI.
  9. Provides one motion to recommit H.R. 2095 with or without instructions.
  10. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.

 

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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. 2095) to amend title 49, United States Code, to prevent railroad fatalities, injuries, and hazardous materials releases, to authorize the Federal Railroad Safety Administration, 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 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 Transportation and Infrastructure 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 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. 2095 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)

*select the name of the amendment sponsor to retrieve amendment text in .pdf format. 

1. Oberstar (MN):

The amendment requires the Federal Railroad Safety Administration to issue regulations requiring owners of track carried on one or more railroad bridges to adopt safety practices to prevent the deterioration of railroad bridges and reduce the risk of human casualties, environmental damage, and disruption to the Nation’s transportation system that would result from a catastrophic bridge failure.  The amendment also strikes Sections 301, 610, and 616 of the reported bill because these sections were enacted in Public Law 110-53, the “Implementing Recommendations of the 9/11 Commission Act of 2007”. The amendment would also require the Secretary to consider additional criteria regarding communities when reviewing applications for a waiver or exemption from sounding locomotive horns at highway-rail grade crossings.

 (10 minutes)

2. Napolitano (CA):

The amendment prohibits mechanical and brake inspections performed in of rail cars entering the from satisfying rail safety laws unless inspection standards, enforcement standards, and worker training are certified to meet those of the . It prohibits hazardous material inspections performed in from satisfying applicable rail safety laws and regulations.

 (10 minutes)

3. Pallone (NJ)/Murphy, Patrick (PA):

The amendment allows state and local authorities to regulate solid waste management facilities.  This amendment would state that the Surface Transportation Board does not have exclusive authority to preempt state and local regulation of solid waste management facilities, as defined in the amendment.

 (10 minutes)

4. Rohrabacher (CA):

This amendment authorizes funds to the Secretary to design and develop a pilot electric cargo conveyor system for the transportation of containers from ports to depots outside of urban areas.

 (10 minutes)