< Back to H.R. 5075 (101st Congress, 1989–1990)

Text of the Amtrak Reauthorization and Improvement Act of 1990

This bill was enacted after being signed by the President on July 6, 1990. The text of the bill below is as of Jul 6, 1990 (Passed Congress/Enrolled Bill).

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H.R.5075

One Hundred First Congress of the United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday, the twenty-third day of January,

one thousand nine hundred and ninety

An Act

To amend the Rail Passenger Service Act to authorize appropriations for the

National Railroad Passenger Corporation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Amtrak Reauthorization and Improvement Act of 1990’.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 601(b)(2) of the Rail Passenger Service Act (45 U.S.C. 601(b)(2)) is amended--

      (1) by striking ‘and’ at the end of subparagraph (D);

      (2) by striking the period at the end of subparagraph (E) and inserting in lieu thereof a semicolon; and

      (3) by adding at the end thereof the following:

      ‘(F) not to exceed $630,000,000 for the fiscal year ending September 30, 1989;

      ‘(G) not to exceed $656,000,000 for the fiscal year ending September 30, 1990;

      ‘(H) not to exceed $684,000,000 for the fiscal year ending September 30, 1991; and

      ‘(I) not to exceed $712,000,000 for the fiscal year ending September 30, 1992.’.

SEC. 3. INCENTIVES FOR PASSENGER SERVICE AGREEMENTS.

    Title VIII of the Rail Passenger Service Act (45 U.S.C. 642 et seq.) is amended by adding at the end thereof the following new section:

‘SEC. 810. INCENTIVES FOR PASSENGER SERVICE AGREEMENTS.

    ‘(a) Notwithstanding any other provision of law, in instances where a publicly funded commuter transportation authority established under Virginia law contracts to indemnify the Corporation for liability for operations conducted by or on behalf of the publicly funded commuter transportation authority or to indemnify a railroad over whose tracks such operations are conducted, liability for all claims, whether for compensatory or punitive damages, arising from any accident or incident occurring in the District of Columbia against the Corporation or the publicly funded commuter transportation authority in connection with operations conducted by or on behalf of such publicly funded commuter transportation authority, or against a railroad over whose tracks such operations were conducted at the time of the accident or incident, shall not be in an amount greater than the limits of the liability coverage maintained by the publicly funded commuter transportation authority to indemnify the Corporation or the railroad. In no event shall the publicly funded commuter transportation authority maintain an aggregate limit of liability coverage less than $200,000,000.

    ‘(b) Subsection (a) shall not be effective unless the Corporation or a railroad seeking coverage hereunder has entered into an operating agreement with a publicly funded commuter transportation authority established under Virginia law to provide access for revenue service to its property in connection with the operations of the publicly funded commuter transportation authority.’.

SEC. 4. AUTHORIZATION TO USE FUNDS FOR SIMILAR PURPOSES.

    Proceeds from the sale of all or part of the railroad line for which funds were provided, for acquisition and rehabilitation, under section 511 of the Rail Safety and Service Improvement Act of 1982 may be used for similar purposes with respect to any railroad line connecting with such line, for the purpose of continued rail service on such lines.

SEC. 5. COOPERATION WITH STUDY.

    The National Railroad Passenger Corporation shall cooperate with the efforts of the Washington State Department of Transportation in designing and carrying out a study of the feasibility of reestablishing rail service between Seattle, Washington, and Vancouver, British Columbia.

SEC. 6. ROUTING FEASIBILITY STUDY.

    The National Railroad Passenger Corporation shall conduct a study to evaluate the short-term and long-term revenue and cost implications of separating the existing California Zephyr-Desert Wind-Pioneer train into two service routes serving separate western destinations via a southern route and a central route through Iowa. The Corporation shall include in this evaluation the projected cost for required additional passenger equipment, any projected loss, and any revenue and ridership gains, associated with offering a second service route. A detailed report on the findings of the study shall be submitted by the Corporation to the Congress within 6 months after the date of enactment of this Act.

SEC. 7. RESIDENCE OF EMPLOYEES.

    (a) Section 11504(a) of title 49, United States Code, is amended to read as follows:

    ‘(a) No part of the compensation paid by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title to an employee who performs regularly assigned duties as such an employee on a railroad in more than one State shall be subject to the income tax laws of any State or subdivision of that State, other than the State or subdivision thereof of the employee’s residence.’.

    (b) Section 11504(b) of title 49, United States Code, is amended to read as follows:

    ‘(b)(1) No part of the compensation paid by a motor carrier providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title or by a motor private carrier to an employee who performs regularly assigned duties in 2 or more States as such an employee with respect to a motor vehicle shall be subject to the income tax laws of any State or subdivision of that State, other than the State or subdivision thereof of the employee’s residence.

    ‘(2) In this subsection ‘employee’ has the meaning given such term in section 204 of the Motor Carrier Safety Act of 1984 (49 App. U.S.C. 2503).’.

    (c) Section 11504(d) of title 49, United States Code, is amended--

      (1) by striking ‘express, sleeping car,’; and

      (2) by striking ‘with--’ and all that follows and inserting in lieu thereof the following: ‘with the State and subdivision of residence of the employee.’.

SEC. 8. RAILROAD UNEMPLOYMENT INSURANCE ACT AMENDMENT.

    (a) Section 8(a)(1)(B)(vi) of the Railroad Unemployment Insurance Act (45 U.S.C. 358(a)(1)(B)(vi)) is amended by inserting ‘the National Railroad Passenger Corporation and’ immediately after ‘the contribution of’ in the first sentence.

    (b) The amendment made by subsection (a) shall be effective as of January 1, 1989.

SEC. 9. STUDY OF LOAN GUARANTEE NEEDS.

    The Secretary of Transportation, in consultation with the Administrator of the Federal Railroad Administration, shall study and survey the present and potential need and demand among class II and class III railroads for Federal guarantees of obligations as provided for by section 511 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831). Such study and survey shall examine the present and potential need and demand for such guarantees to fund rehabilitation and improvement of facilities or equipment, acquisition of new railroad facilities, and refinancing of existing debt. The Secretary of Transportation shall report to Congress no later than 90 days following the date of the enactment of this Act the results of such study and survey. Such report shall include an analysis of the present and potential need and demand for Federal guarantees of class II and class III railroad debt, the amount of guarantee authority required to meet that need, and a projection of demand for such Federal guarantees through fiscal year 1995.

SEC. 10. FEDERAL OPERATING SUPPORT REPORT.

    The National Railroad Passenger Corporation shall report to Congress by June 1, 1991, on its plan to eliminate its need for Federal operating support by the year 2000. The report should include a discussion of the actions that could be taken to enhance revenues, to control costs, and to improve productivity and efficiency of operations, as well as an estimate of the capital investment needed to take such actions.

SEC. 11. NEW SERVICE STUDY.

    The National Railroad Passenger Corporation shall study the economic feasibility of providing new service, if such service will

    have the potential of covering the operating costs associated with such service, to areas not served by the Corporation as of the date of enactment of this Act. Within two years after such date of enactment, the Corporation shall report to Congress on the results of that study.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.