Hire More Heroes Act of 2015

Floor Speech

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Mr. THUNE. Mr. President, I want to speak to the highway bill today, legislation before us that hopefully by tomorrow we will report out of the Senate favorably and send it to the House of Representatives. My understanding is that the House will, sometime in September, report out their own version of the highway bill, hopefully a multiyear bill, in which case we would go to conference with them and hopefully get something we can get to the President on his desk that would be more than a short-term extension, but instead be something that provides the certainty that those who are involved in building roads and bridges and making sure that freight and people move across this country will have the infrastructure in place to do that, and that we can get about the process of creating jobs and growing our economy, which is what infrastructure is all about.

I want to speak specifically to some of the rail provisions in the legislation. I want to say that thanks to the leadership of Senators Wicker and Booker and the bipartisan contributions of the members of the Commerce, Science, and Transportation Committee, the legislation before the Senate today includes critically important provisions from the bipartisan Rail Reform, Enhancement, and Efficiency Act that our committee passed by voice vote last month.

This bill reauthorizes Amtrak through fiscal year 2019, while increasing rail safety, improving infrastructure, cutting redtape, and empowering local officials. Following the tragic May 12 derailment of Amtrak 188 in Philadelphia that resulted in eight fatalities, Senator Wicker and BOOKER added additional rail safety provisions that were approved by the committee.

The bipartisan rail bill that passed in committee and is included in the multiyear transportation bill before the Senate today would also advance the deployment of positive train control technology for averting accidents. I am proud to note that we recently amended the multiyear transportation legislation to expand this authorization. Never before has the Senate authorized robust, dedicated, and mandatory funding for positive train control implementation.

The amendment accepted by the Senate earlier today would authorize $199 million in PTC grants and loan financing for commuter railroads in fiscal year 2016. This is the highest single-year authorization for PTC ever. Using the Railroad Rehabilitation and Improvement Financing Program, commuter railroads will be able to leverage this funding for $2 billion in loans, necessary to cover the PTC capital needs.

In addition to advancing the deployment of PTC, the Wicker-Booker bill would require speed limit action plans for all passenger railroads to address automatic train control modifications, crew communication practices, and other measures to prevent overspeed derailments while positive train control is being implemented. It would also require grade crossing action plans to improve State grade crossing safety efforts, and it would consolidate grant programs to focus resources on critical safety and infrastructure needs.

Building on the work of the commerce committee's ranking member, Senator Nelson, the bill would increase the rail passenger liability cap for inflation from the $200 million level set in 1997 to $295 million, with inflation adjustments every 5 years. The bill applies a new higher cap retroactively to the date of the Amtrak accident in Philadelphia, thereby raising the potential compensation available to victims and their families.

This legislation also includes a measure from Senator Peters to require a thorough examination of Amtrak's postaccident response following the Philadelphia derailment, ensuring a close look at whether Amtrak addressed the needs of families and passengers involved in tragedy.

Senator PETERS' work will make meaningful improvements to Amtrak's emergency preparedness going forward. As we worked on the legislation before our committee's adoption, I included a requirement for all passenger railroads in the Nation to install inward- and outward-facing cameras on their locomotives.

This fulfills an outstanding recommendation of the National Transportation Safety Board. These cameras will not only help with accident investigations, a need that we saw following the Philadelphia derailment, but they will help monitor each passenger railroad's compliance with critical safety requirements. Last week I received a letter from NTSB Chairman Christopher Hart stating:

I applaud the recent passage of the passenger rail safety bill. I was pleased to see the inclusion of recommendations regarding inward and outward facing audio and image recorders. Thank you for your support of the NTSB.

The bill also includes extensive contributions from Senator Blumenthal to improve passenger rail safety, including redundant signal protection to increase roadway worker safety, potentially preventing tragedies such as the one in West Haven, CT, in 2013.

Senator Blumenthal also made important contributions on provisions covering alerters, signage, and track inspections. The bill includes his proposal for the Federal Railroad Administration to increase oversight of needed safety improvements at Metro-North.

I call my colleagues' attention to the following document: the Federal Railroad Administration's ``Operation Deep Dive Report'' outlining the safety concerns at Metro-North and setting forth specific directed actions. The bill before the Senate would require the FRA to follow up on that report and its recommendations.

I also call my colleagues' attention to Emergency Order No. 29, which was issued after terrible derailments in the Bronx, Bridgeport, CT, and West Haven, CT. This bill would apply the emergency order's speed limit action plan framework to the entire passenger rail network, reducing the risk of future overspeed derailments.

I would also like to include a statement from Senator Blumenthal following the news that 13 current and former Metro-North employees had been accused of cheating on licensing exams. The statement reads: ``My amendment was accepted into the bill, which was voted out of the committee favorably, and I urge the Senate to take up the measure swiftly so we can ensure Metro-North is implementing true safety reforms.''

I echo Senator Blumenthal's statement on Metro-North, and I ask unanimous consent that it be printed in the Record.

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Mr. THUNE. I urge the Senate to ensure Metro-North and other railroads improve safety by voting in support of the bill before the Senate.

Working with Senator Cantwell, who has been a strong advocate for crude-by-rail safety, we have also included in the bill new requirements for real-time train information to aid emergency response officials in the event of an accident. Senator Baldwin worked last week to ensure emergency officials have advance notice of crude oil and ethanol unit trains traveling through their jurisdictions.

This bill also includes a provision for comprehensive oilspill response plans to ensure railroads are prepared and have resources positioned to respond to worst case scenarios, another priority from our colleague from Washington State, Senator Cantwell.

Further, aiding emergency response efforts, Senators BOOKER and MENENDEZ included provisions that prohibit the withholding of train information from first responders. Their work will also examine the sufficiency of response information carried by train crews addressing issues raised in relation to the 2012 derailment in Paulsburo, NJ.

Senator Manchin worked to ensure tank car owners and shippers annually report on their compliance with the new tank requirements requiring stronger oversight for those important safety upgrades. In addition, Senator Manchin and I have agreed on the need for a real-world derailment test of electronically controlled pneumatic, or ECP, brakes. As this testing moves forward, the existing Department of Transportation requirements will be kept in place unless the real-world testing and evaluation show the requirement is not justified.

Enhancing the bill's grade crossing safety provisions, Senator Gardner added stronger oversight of the Federal Railroad Administration's actions pertaining to the use of locomotive horns at highway-rail grade crossings.

Senator Klobuchar included timely provisions to help address issues with the blocking of crossings as a result of idling trains. The bill also incorporates the work of Senator Roy Blunt, whose TRAIN Act, cosponsored by Senators MANCHIN, HELLER, and myself, will streamline the permitting process for rail improvements, making our critical infrastructure dollars go even further.

Senator Daines included provisions to improve Amtrak's operations through the study of new station development options where Amtrak would turn a profit, potentially increasing private sector investment in our Nation's passenger rail system. The reforms extend to project financing, and Senator Booker's embedded RRIF bill, cosponsored by Senators HELLER, CARPER, and KIRK, will create a faster and more flexible RRIF Program.

I also applaud Senator Kirk for his contributions to the RRIF reform bill, improving the loan process and facilitating more timely and transparent decisions. These RRIF loans can be used for safety improvements, including positive train control. It also explains why its inclusion in the broader surface transportation bill is strongly supported by Transportation for America, the States for Passenger Rail Coalition, the National Association of Railroad Passengers, the American Public Transportation Association, and the Southern Rail Commission.

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Mr. THUNE. Transportation for America wrote that the committee-reported legislation would be an important step forward in creating a transportation program that will boost the Nation's economy and ensure future prosperity. It also stated that the bill would improve the safety of our Nation's rail system.

Building on the work of the commerce committee, the multiyear Transportation bill also includes a bipartisan extension to the PTC deadline. The bipartisan extension is a rigorous case-by-case approach, with enforceable milestones and metrics.

The Secretary of Transportation approves or disapproves of the dates in a railroad's updated implementation schedule, including the hard end date for implementation. Under no circumstances can the Secretary approve a date for full installation and activation that is later than 2018. The Secretary also has the authority to identify and require changes to deficient schedules that do not show safe and successful implementation as soon as practicable.

Multiple government reports, including from the Government Accountability Office, the DOT, and the FRA, have concluded that the vast majority of railroads will not meet the December 31, 2015, deadline for PTC implementation. This extension will not delay safe and successful implementation of positive train control technology. Rather, it offers a realistic approach to ensure this important technology is implemented as quickly as possible without risking shutdowns of rail service that will not meet the current deadline no matter what the law says. This proposal is not novel. Senate bill S. 1006, with original cosponsors Blumenthal, Schumer, and Gillibrand, would extend the deadline to 2018 on a case-by-case basis in 1-year increments. Despite good-faith efforts from railroads, the Blumenthal extension recognizes the deadline in current law simply is not attainable.

Similarly, in its GROW AMERICA proposal, the administration requested giving the Secretary of Transportation discretion to extend the deadline on a case-by-case basis without any constraints on the dates the Secretary may approve.

We follow this model but add explicit constraints on installation and activation by 2018, while allowing the Secretary discretion in overseeing testing to ensure that PTC works as intended.

Recently, railroads from across the country explained the potential disruption caused by the current unattainable deadline. Virginia Railway Express, or VRE, wrote to me stating that ``VRE commuter rail operations could be suspended after December 31, 2015'' and has requested more time to ensure that PTC works as intended.

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Mr. THUNE. Burlington Northern Santa Fe Railway, one of the freight railroads that collectively have spent over $5 billion in private funds on implementation, recently sent a letter to the Surface Transportation Board that stated the possibility that ``if Congress has not extended the deadline for PTC operations, as of January 1, 2016, neither passenger nor freight traffic would operate on BNSF lines that are required by Federal law and regulation to have an interoperable PTC system as of that date.''

Critically, as I have noted, this extension is now paired with robust, dedicated, and mandatory funding for PTC implementation among commuter railroads. Recently, the American Public Transportation Association, or APTA, surveyed its commuter railroad members and found that over 50 percent were deferring maintenance to install PTC and only 29 percent had a shot at installation by the end of the year. That is why APTA, the National Association of Railroad Passengers, and rail labor support the inclusion of this critical funding in this underlying measure.

Mr. President, I ask unanimous consent to have printed in the Record the letter from the American Public Transportation Association.

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Mr. THUNE. APTA wrote: ``These funds are of critical importance as commuter railroads address the $3.5 billion in costs associated with installing PTC systems.''

The National Association of Railroad Passengers wrote: ``Just as important as the level of the authorization is the structure of the eligibility ..... RRIF could potentially be used to leverage the amount provided by the DRIVE Act by a factor of ten.''

The Senate has an important opportunity to advance deployment of positive train control and help commuter railroads get over the finish line.

In sum, this is a national rail safety and infrastructure improvement bill.

Amtrak provides service to over 30 million per year, with stops in over 500 communities and in 46 States. New York has about 6 million riders, Pennsylvania about 3 million, and States such as Florida, Virginia, and Washington all have over 1 million riders.

This bill also improves the safety of commuter railroads, which collectively have nearly 500 million boardings per year. Metro-North, serving New York, Connecticut, Long Island Railroad, and New Jersey Transit each have 80 million boardings per year. These passengers deserve the critical safety and infrastructure improvements put forward in this bipartisan legislation.

The failure to pass this bipartisan DRIVE Act, which includes these passenger rail investments and safety improvements, would be a significant loss to the traveling public who utilize passenger rail systems across the country.

I would simply conclude by adding that this is a copy of all the letters of support we have received regarding provisions in this legislation, regarding the legislation in its entirety, and I encourage Members of the Senate to support it.

In addition to the letters I have already included, there are literally probably hundreds of letters in here from organizations that are impacted, affected by, and benefit from provisions in the DRIVE Act.

So I hope when this comes to a final vote, which I believe it will sometime tomorrow, that we will demonstrate in a big bipartisan fashion our support for this legislation, not only for what it does for roads and bridges but what it does for freight transportation in this country and specifically many of the things I have just mentioned that we have included as part of the rail provisions in this bill.

I yield the floor.

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