BMWED LEGISLATIVE ISSUES – 110th Congress
April-May 2007
Amtrak Authorization and Overhaul
On April 22, the Senate Commerce, Science and Transportation Committee
unanimously approved the Passenger Rail Investment and Improvement Act (S 294),
a six-year Amtrak authorization bill costing $11.4 billion. The bipartisan bill
was introduced by Sens. Frank Lautenberg (D-NJ) and Trent Lott (R-MS).
Amtrak would be allocated $3.3 billion in operating subsidies and $4.9 billion
for capital grants, including $1.4 billion to states for intercity passenger
rail upgrades. The legislation also would authorize programs to improve rail
security and implement operational changes, including establishing a more
transparent financial accounting system. It would direct the federal government
to refinance Amtrak’s $3 billion debt. A manager’s amendment would bring the
legislation’s rail security provisions in line with legislation the Senate
passed earlier this year (S 4) enacting recommendations of the Sept. 11
commission.
The Senate Finance Committee wants to approve a planned amendment that would
authorize the Transportation Secretary to issue $1.3 billion a year in rail
bonds before it goes to the Senate floor.
Amtrak Funding FY 08
The House Transportation-HUD Appropriations Subcommittee approved $1.4 billion
in direct payments to Amtrak, and would provide $50 million to launch a state
matching grant program for inter-city passenger rail. This is short of Amtrak’s
request of $1.5 billion. The full Appropriations committee will mark up the
transportation-HUD spending bill in mid-July.
On another Amtrak related issue, Rep. John Boozman (R-AR) planned to offer an
amendment to the “climate change bill” (HR 2701) that would suspend Amtrak’s
right of access to the tracks of the freight railroads, thereby threatening
passenger rail service outside the northeastern United States. Strong opposition
by Amtrak, the passenger rail industry, and rail labor forced Boozman to offer
and then withdraw his amendment during the T&I Committee markup.
HR 2701, introduced T&I Chairman Jim Oberstar (D-MN) aims to reduce emissions
from ports, federal buildings and multiple modes of transportation. The bill
passed out of the T&I committee on June 20.
Rail Safety
The Federal Railroad Safety Improvement Act (HR 2095) as introduced by full
committee Chairman Jim Oberstar (D-MN) was marked up in the House T&I Railroads
Subcommittee on May 22. The committee adopted a manager’s amendment by voice
vote that sought to address Republican and industry concerns about
hours-of-service limits for workers. Full committee markup was postponed until a
carefully brokered compromise was reached between rail carriers and rail unions.
On June 14 the House Transportation & Infrastructure Committee gave voice vote
approval to HR 2095. The amended bill would phase in restrictions on railroads’
use of limbo time; two years after enactment, an employee’s monthly limbo time
would be limited to 10 hours. An amendment was accepted during subcommittee
markup that carved out exceptions where limbo time could be used such as an
accident or severe weather. Currently there is no limit on limbo time. Another
change would increase the minimum off-duty period from 8 to 10 hours between
trips, and at least one 24 hour off-duty period every seven days.
HR 2095 benefits Maintenance of Way workers by abolishing the long-standing
practice of providing sleeping quarters through the use of camp cars. It also
strengthens whistle-blower protections for employees who report unsafe
conditions and personal injuries; requires that railroads install positive train
control technology by 2014; establishes training standards for all rail
employees; requires main-line switch monitors in non-signaled territory, or for
trains to operate at restricted speeds approaching all main-line switches;
boosts the number of federal rail safety inspectors; and would rename the
Federal Railroad Administration the Federal Railroad Safety Administration.
The bill will move to the House floor for a final vote.
In the Senate, Charles Schumer (D-NY) introduced a companion bill, the Rail
Crossing and Hazardous Materials Transport Act (S 1438).
Citing five CSX transportation derailments in New York this year, particularly
the March 12 derailment near Oneida that caused a huge fire when liquified
propane and other chemicals leaked from a tank car, Sen. Schumer testified
before the Senate Commerce Transportation Subcommittee on May 22 that FRA’s
enforcement efforts failed to prevent accidents, and asked the committee to
support his bill which significantly increase fines for rail safety violations,
particularly when they involve hazardous materials. Sen. Hillary Clinton (D-NY)
testified that the FRA is “doomed to fail” unless it is given more staff to
conduct safety checks on the more than 219,000 miles of railroad track in this
country.
Rail Security
The House and Senate Appropriations Committees approved legislation in June that
would fund the Homeland Security Department. The House and Senate bills would
exceed the Administration’s request for fiscal 2008 Homeland Security spending
by $2.1 billion and 2.3 billion, respectively, totaling $37.4 billion and $37.6
billion.
Both bills provide $800 million for port and rail security grants, about double
Bush’s request.
The House passed its bill (HR 2638) on June 15. It is unclear when the Senate
bill will go to the floor for a vote.