HR 5135 Introduced – Nullify Train Crew Size Rule

Earlier this month Rep Burlison (R,MO) introduced HR 5135, the Train Crew Choice Act. The short bill would nullify the “final rule published in the Federal Register on April 9, 2024 by the Federal Railroad Administration titled ‘Train Crew Size Safety Requirements’” (89 FR 25052).That rule generally requires railroads operate trains with a minimum of two crew members on the train; it also provides a series of accepted exceptions (with conditions), and provides a process for requesting other exemptions from the two-man requirement. No New funding is provided by this legislation.

Moving Forward

Both Burlison and his sole cosponsor {Rouzer (R,NC)} are members of the House Transportation and Infrastructure Committee to which this bill was assigned for consideration. This means that there could be sufficient influence to see the bill considered in Committee. I suspect that support for the bill will come mainly from Republicans, as it would fit with their general deregulatory agenda. I would expect this bill to pass in Committee on a near party-line vote. That would mean that the bill would not be able to move to the floor under the suspension of the rules process. It is not clear if this bill would be of sufficient concern to House leadership to move to the floor under regular order.

Review – Bills Introduced – 9-4-25

Yesterday, with both the House and Senate in session, there were 74 bills introduced. Two of those bills will receive additional coverage in this blog:

 

HR 5135 To nullify a final rule on train crew size safety requirements published by the Federal Railroad Administration. Burlison, Eric [Rep.-R-MO-7] 

S 2713 A bill to amend title 49, United States Code, to authorize the Secretary of Transportation to provide grants for natural gas distribution pipeline infrastructure safety and modernization, and for other purposes. Ossoff, Jon [Sen.-D-GA]

 

For more information on these bills, including legislative history for similar bills in the 118^th, as well as a brief look at two automated CR bills, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/bills-introduced-9-4-25 - subscription required.

Review - HR 5135 Introduced – GRID Act

Last month, Rep Crow (D,CO) introduced HR 5135, the Guaranteeing Resilient Installations for Defense (GRID) Act of 2021. The bill would require DOD to establish a pilot program to implement mitigating actions to address vulnerabilities assessed under 16 USC 824o-1 at critical defense facilities and their associated defense critical electric infrastructure.

Crow and one of his cosponsors {Rep Bacon (R,NE)} are both members of the House Armed Services Committee to which this bill was assigned consideration. Secondary consideration was assigned to the House Energy and Commerce Committee in which the second cosponsor {Rep Peters (D,CA)} is a member. This means that there may be adequate influence to see the bill considered in both Committees. I do not see anything in the bill that would engender any organized opposition. I suspect that there would be sufficient bipartisan support for this bill that, should it make it to the floor of the House for consideration, the bill should be considered under the suspension of the rules process.

Commentary

It is interesting that this bill requires DOD to “address vulnerabilities assessed under section 215A of the Federal Power Act (16 U.S.C. 824o–1)”. That section deals with providing DOE the authority to respond to a “grid security emergency” declared by the President. There is no language in that section that calls for an assessment of vulnerabilities, in fact, there is no use of the words ‘assessment’, ‘assess’, ‘vulnerability’ or ‘vulnerabilities’ in that section.

So, it strikes me that this bill is incomplete at best. It needs to define who is responsible for the ‘assessment of vulnerabilities’ and explain whether that assessment is solely related to a grid security emergency declared by the President.

For more details about the provisions in the bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/hr-4597-introduced-a93   - subscription required.

Bills Introduced – 8-31-21

Yesterday with the House meeting in pro forma session, there were 31 bills introduced. Two of those bills may receive additional coverage in this blog:

HR 5135 To direct the Secretary of Defense to carry out a pilot program on the implementation of mitigating actions to address vulnerabilities to critical defense facilities and associated defense critical electric infrastructure, and for other purposes. Rep. Crow, Jason [D-CO-6] 

HR 5138 To authorize the Director of the Cybersecurity and Infrastructure Security Agency to establish an apprenticeship program and to establish a pilot program on cybersecurity training for veterans and members of the Armed Forces transitioning to civilian life, and for other purposes. Rep. Houlahan, Chrissy [D-PA-6] 

I will be watching HR 5135 for language and definitions that would include cybersecurity vulnerabilities in the coverage of the bill. Actually, it will be interesting to see if this bill combines cybersecurity and physical security provisions.