AUGUST
LEGISLATIVE UPDATE
Rail Security
On August 3, the President signed into
law the “Implementing Recommendations of the 9/11 Commission Act of 2007” (H.R.
1). This comprehensive piece of legislation includes significant Rail Security
measures which had originally been introduced in such stand alone bills as H.R.
1269 and H.R. 1401, “The Rail and Public Transportation Security Act of
2007.” The BLET-Teamsters Rail Conference testified numerous times on
behalf of this legislation, and many of our State Legislative Board Chairmen
visited DC to lobby on behalf of these bills. The new law is also a very big
first step in addressing many of the concerns we raised in our High Alert report.
Below are a number of the items that we specifically asked for which were
included in the bill:
Ø
$1.2
Billion in authorized funding over the next four years for general Railroad
Security Enhancements
Ø
$650
Million over the next four years for Amtrak Security Enhancements
Ø
Requirement
for the development of a “National Strategy for Railroad Transportation
Security” within the next 9 months
Ø
Requirements
for Railroad Carrier Security Assessments and Plans
Ø
Requirements
for the Development and Implementation of a Railroad Security Training Program
in consultation with Rail Labor
Ø
Due
Process for Railroad Workers Subject to Security Checks
Ø
Employee
Whistleblower Protections
There will be a considerable amount of
additional work to do with regards to the some of the regulatory requirements
the law stakes out, as well as in the appropriations process where designated
money actually gets sent out and spent, but all in all, this is a strong, solid
step in the right direction. It was also a major goal in our ambitious
legislative agenda this year, and we have met it. It was a tough fight, but
in the end a bi-partisan bill was overwhelmingly passed by both houses of
Congress and was signed by the President. If throughout the summer and in
the early fall, we can accomplish the same with regards to Rail Safety
Legislation (H.R. 2095 & S. 1889) our membership, as well as the industry
and our country will be well served.
H.R. 1401, The Rail and Public Safety Act of
2007
After six months of work, the U.S. House and Senate have overwhelmingly
approved the conference report of the "9/11" legislation that
Democrats introduced when they took over control of Congress in January. A
conference report reconciles differences in the different versions of a bill
passed by each chamber. The BLET has strongly supported the Rail Security
provisions in the bill, which were originally introduced as H.R. 1401,
"The Rail and Public Safety Act of 2007." If signed into law by the
President, the new law would do the following:
Ø
Authorize funding through
the Department of Transportation (DOT) to upgrade Amtrak railroad tunnels in
Ø
Require the Transportation
Security Administration (TSA) to conduct a comprehensive railroad sector risk
assessment and submit prioritized recommendations for improving rail security.
Ø
Provide grants through TSA
to Amtrak, freight railroads, and others to upgrade security across the entire
freight and intercity passenger railroad system.
Ø
Provide federal
whistleblower protection for rail workers who report security concerns.
Ø
Require railroads shipping
high-hazard materials to create threat mitigation plans, including plans to
suspend shipments or reroute them around densely populated urban areas in times
of elevated threat alert.
H.R. 2095, the Federal Rail Safety
Improvement Act of 2007
On July 27, BLET Vice President and National Legislative Representative
John Tolman testified before the Senate Surface Transportation Subcommittee
regarding rail safety and draft legislation that when introduced, will be the
Senate companion bill to H.R. 2095, The Federal Rail Safety Improvement Act of
2007.
Also appearing before the committee were Joseph Boardman, Administrator of the
Federal Railroad Administration, Edward Hamberger, President and CEO of the
Association of American Railroads, and David Solow, CEO of the Southern
California Regional Railroad Authority. Senators present at the hearing
included Chairman Frank Lautenberg (D-NJ), Ranking Member Gordon Smith (R-OR),
John Kerry (D-MA), Tom Carper (D-DE), Amy Klobuchar (D-MN), and John Thune
(R-SD).
The proposed Senate bill, which will be titled the Railroad Safety Enhancement
Act of 2007, received general praise from Vice President Tolman, who while
acknowledging that there are a number of issues that still need to be addressed
in the process, stated that the legislation, "reflects an understanding of
where the industry is, and where it needs to go over the next decade. It
addresses many of the issues rail labor has brought to the hill, and dovetails
nicely with the work undertaken by the House (H.R. 2095)."
As he has in previous testimony, Vice President Tolman re-iterated that, with
regards to limbo time, we believe that the Supreme Court got it wrong in 1996
when it ruled that time spent in limbo is neither time on duty, nor time off
duty, and that Congress needs to set the record straight. "We believe
there should be no limbo time, except in narrow circumstances. The House has
laid the foundation for further efforts to resolve this issue, and we look
forward to working with the Senate on this matter."
Vice President Tolman's testimony also included the following with regard to
proposed Senate Legislation:
Ø
A request that the Senate
consider amending a requirement for 24 hours off duty every seven days, to
state that the 24 hour period is taken at an employee's home terminal.
Ø
Advocating for further
examination of a proposed minimum 10 consecutive hours off duty every 24 hours
as it affects commuter railroads, where service is heaviest during the morning
and evening rush hours, and a number of assignments are for a few hours in the
morning, after which employees are released for periods in excess of four hours
before returning to work for a few more hours in the afternoon and early
evening.
Ø
Limiting communications to
a train employee during his/her off-duty period.
Ø
Strong Support for a
10-Hour Call pilot program, as well as the suggestion for an industry wide
10-hour call.
Amtrak
On July 23 and
24, the House debated the 2008 Transportation-Housing and Urban Development Appropriations
Bill (H.R. 3074), working late into the night both days. The $104.4 billion appropriations bill covers
expenditures for the fiscal year 2008, which begins October 1. It passed by a
vote of 268 to 153, which is enough to sustain a promised veto by the White
House.
Amtrak was
granted 1.4 billion, with $925 million for capital and debt service
subsidies. Several amendments were
offered by conservatives to cut taxpayer subsidies for Amtrak, including:
Ø
An
amendment offered by Michele Bachmann (R-MN), which would have reduced the amount
provided for Amtrak operating grants by $106 million, and increase funding for
Housing and Urban Development Department's Homeless Assistance Grants. This
amendment was defeated 308 to 110;
Ø
Several
amendments offered by Jeff Flake (R-AZ), the first of which would have stricken
$475 million for operating subsidies for Amtrak. This Amendment was defeated by
a vote of 328 to 94. The second Amendment offered by Congressman Flake would
have reduced Amtrak's capital and debt service grants by $425 million. This
Amendment was defeated by a vote of 312 to 104.
Ø
The
most outrageous amendment offered was by Pete Sessions (R-TX) to bar the use of
funds to support the Amtrak route with the highest loss, the Sunset Limited, according
to a September 2006 Financial Performance of Routes Report. Transportation and
Infrastructure Committee Chairman James Oberstar (D-MN) rose to speak against
this amendment, saying, "I thought we spent most of last night on
amendments to kill the operation account of Amtrak, then kill the capital
account of Amtrak. The only thing that wasn't offered was burial funds for
Amtrak. Now comes the dismemberment amendment." There are already
provisions in place to review long distance routes and the ability to eliminate
them if they do not live up to certain requirements. Congressman Sessions’
arguments were in part based on the Sunset Limited’s abysmal
on-time record, which is due to the lack of priority access to tracks owned by
Union Pacific Railroad. Perhaps Mr. Sessions should look to UP rather than
blaming everything on Amtrak's management.
Positive Train Control (PTC)
On July 27, 2007, the
Federal Railroad Administration (FRA) issued a $4,465,000 grant to the Railroad
Research Foundation to continue development and testing of wireless
communications devices and systems for use with Communications Based Train
Control (CBTC) technology. CBTC is a form of Positive Train Control (PTC) that
can automatically control train movements and speed to enhance safety when the
locomotive engineer fails to take appropriate action. In addition to advancing
technical developments, a primary aim of this grant funding is to design and
build a Universal Onboard Platform that will allow a locomotive to easily
switch between different PTC operating systems, or to another onboard signaling
system, when it travels from one railroad network to another.