BMWED LEGISLATIVE ISSUES – 110th Congress

Railroad Retirement Technical Improvement Act (PL 109-305)

On Oct. 6, 2006 President Bush signed legislation to amend the Railroad Retirement Act of 1974 to repeal a provision requiring the Railroad Retirement Board to enter into an arrangement with a nongovernmental financial institution to serve as disbursing agent for annuity and death benefits. It requires the Secretary of Treasury to remain as the disbursing agent for such benefits.

One of the last actions by the Senate during the 109^th Congress was passing by voice vote on Dec. 9, 2006 the Railroad Retirement Disability Earnings Act (HR 5483). The President signed the bill into law on Jan. 12.

This legislation raises the outside-earnings cap for recipients of Railroad Retirement Act disability benefits from $400 per month to $700 per month, beginning Jan. 2007. The limit would be indexed to rise with inflation.

On the first day of the 110^th Congress, Rep. Elijah Cummings (D-MD), a senior member of the House T&I Committee, re-introduced a bill (HR 99) to provide for the establishment of a hazardous materials cooperative research program that examines hazardous materials transportation from a comprehensive, multi-modal perspective. During the 109^th Congress, Rep. Cummings introduced similar legislation, major provisions of which were included in SAFETEA-LU, the most recent federal transportation authorization. Those provisions provided a total $1.25 million in federal funding per year from FY 2006 through FY 2009 to support the conduct of 9 multi-modal studies of hazardous materials transportation.

HR 99 would create a permanent research program for hazardous materials transportation, and would bring together representatives of federal agencies, private sector shippers and carriers, and state and local governments in a formal program to study cross-cutting topics in hazardous materials transportation that are not adequately addressed by existing mode-specific research programs.

Prior to the pre-election recess, the port security legislation was approved 409-2 in the House and on a voice vote in the Senate. In a last-minute move negotiators included an unrelated section aimed at curbing internet gambling. House negotiators prevailed, however, in their fight to strip out $4.5 billion in rail and mass-transit security funds included in the Senate provision. The changes angered Democrats who helped craft the original port security legislation but were largely blocked from the final negotiations. The bill was signed by the President on Oct. 13, 2006.

The Surface Transportation and Rail Security Act of 2007 (STARS Act), a bipartisan bill to improve rail and surface transportation security, was introduced by Sens. Daniel Inouye (D-HI) and Ted Stevens (R-AK) on Jan. 5. As reported above, similar legislation has passed the Senate in recent years only to die when it went to the then Republican-controlled House. Prospects for passage are much improved with Democrats now in control of both houses.

The bill (S 184) would authorize $1.2 billion for the TSA to improve security on the nation’s intercity passenger, commuter and freight lines. It would also provide money for improved security for intercity buses, for trucks carrying hazardous materials and for pipelines.

The rail security portion of the bill would require the Transportation Security Administration (TSA) to conduct a railroad sector threat assessment and submit prioritized recommendations for improving rail security. It would provide grants through TSA to Amtrak, freight railroads, and others to upgrade security across the entire railroad system. The legislation also would create a rail security research and development program through DHS and it would encourage the deployment of rail car tracking equipment for hazardous material rail shipments. The bill would: authorize studies to improve passenger rail screening and immigration processing along the U.S. northern border; create a security training program for railroad workers; and provide whistle blower protections for workers who report security concerns.

Finally, the bill would provide a dedicated source of funding for Amtrak’s work on tunnels in Baltimore, Washington, and New York thereby accelerating the work. The bill also includes an additional $3 million for preliminary design of a new tunnel or tunnels for Amtrak in Baltimore.

On Jan. 17, Rep. Stephen Lynch (D-MA) introduced the Rail Worker Emergency Training Act of 2007 (HR 535), a comprehensive emergency training program for all rail workers. Rep. Lynch introduced similar legislation in December 2005 in response to the Teamster Rail Conference Report "High Alert."

The bill would require the Secretary of Homeland Security, within 90 days of enactment, to establish comprehensive guidelines for a rail worker emergency training program; require the Secretary to consult with the Secretary of Transportation and appropriate rail entities; require rail carriers to develop a rail worker training program and to train all of their rail workers within one year; authorize the Secretary to issue letters of noncompliance to any carrier that fails to comply with the Act’s requirements; and appropriate $100 million to carry out the act.

Sens. Frank Lautenberg (D-NJ) and Trent Lott (R-MS) introduced the Passenger Rail Investment and Improvement Act (S 294) on Jan. 16. The bill would authorize 3.2 billion a year for Amtrak over six years as part of a strategic overhaul plan that would provide states with grants to improve rail infrastructure.

A similar bill (S 1516) passed the Senate in November 2005 but was not taken up by the House. It is basically the same but adds the Commerce Committee’s entire rail security package found in S 184 (referenced above).

S 294 would authorize $1.7 billion in debt repayment, $7.8 billion in new bonding authority and $300 million a year in grants that would have to be matched by states.

Even though prospects for the plan appear more favorable with the new Democratic-controlled Congress, the House’s new pay-as-you-go budget rules and the Bush administration’s skepticism on Amtrak funding could pose problems.

Rep. Bart Stupak (D-MI) introduced HR 626 on Jan. 22 to amend the Railroad Retirement Act to provide that a current connection is not lost by an individual who is misled or not properly informed by the Railroad Retirement Board of the requirement for, and the circumstances resulting in the loss of, a current connection.