H.R. 4111 (103rd): Amtrak Investment Act of 1994

103rd Congress, 1993–1994. Text as of Aug 11, 1994 (Reported by House Committee).

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HR 4111 RH

Union Calendar No. 380

103d CONGRESS

2d Session

H. R. 4111

[Report No. 103-698]

To authorize appropriations for the National Railroad Passenger Corporation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 22, 1994

Mr. SWIFT (by request) introduced the following bill; which was referred to the Committee on Energy and Commerce

August 11, 1994

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 22, 1994]


A BILL

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 Investment Act of 1994’.

SEC. 2. FINDINGS.

    The Congress finds that--

      (1) intercity rail passenger service is an essential component of the integrated national transportation system; however, to achieve its full potential the National Railroad Passenger Corporation (Amtrak) must provide a quality transportation product in the form of clean, comfortable, and on-time service;

      (2) Amtrak’s management and employees are dedicated to providing the high quality service that Amtrak’s customers deserve; however, additional capital investment is needed to acquire the modern equipment and efficient facilities that are essential to satisfy the demand for superior intercity rail passenger service;

      (3) significant levels of Federal capital investment will enable Amtrak to provide the world class service American rail passengers deserve, and will reduce operating costs in the long term;

      (4) Amtrak’s management should be held accountable to ensure that all capital investment by the Federal Government is effectively used to improve the quality of service and the long-term financial health of Amtrak;

      (5) the Secretary of Transportation, as an ex officio member of Amtrak’s board of directors, should use this position to evaluate Amtrak’s costs and revenue elements to ensure that Amtrak provides excellent service to its customers and that Amtrak uses its Federal investment wisely and efficiently;

      (6) States can play a significant role in providing cost-efficient intercity rail passenger transportation and in addressing local transportation needs and air quality control; and

      (7) the freight railroads represent a critical part of the Nation’s transportation infrastructure, which should help to provide expeditious and cost-effective delivery of passenger trains.

SEC. 3. WORLD CLASS SERVICE.

    Section 24101(c) of title 49, United States Code, is amended--

      (1) by striking ‘and’ at the end of paragraph (10);

      (2) by striking the period at the end of paragraph (11) and inserting in lieu thereof ‘; and’; and

      (3) by adding at the end the following new paragraph:

      ‘(12) manage capital investment in such a way as to provide its customers with world class service.’.

SEC. 4. RETURN ON INVESTMENT.

    Section 24315(b)(1) of title 49, United States Code, is amended--

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

      (2) by striking the period at the end of subparagraph (B) and inserting in lieu thereof ‘; and’; and

      (3) by adding at the end the following:

      ‘(C) shall include projections of the anticipated benefits of the projects proposed for funding under this part and a report on the benefits actually realized from all projects previously funded under this part, or legislation on which this part is based, beginning with funds provided in fiscal year 1994.

    Such report shall include an identification of improvements in the quality of service offered by Amtrak, facility improvements that demonstrate a productivity gain, equipment improvements that lower operating costs, environmental benefits (including air quality and land use), enhancements to local transportation needs, enhancements to mobility of physically and economically disadvantaged persons, an improvement to the revenue-to-cost ratio, reduced dependence on Federal operating support, and reductions in the need for alternative transportation investments. To the extent practicable, the benefits addressed in each report shall also be expressed as return on invested capital.’.

SEC. 5. STATE REQUESTED RAIL PASSENGER TRANSPORTATION.

    (a) STATE/FEDERAL FORMULA- (1) Section 24704 of title 49, United States Code, is amended--

      (A) in subsection (a)(1)(C)--

        (i) by striking ‘short term’ both places it appears and inserting in lieu thereof ‘long-term’; and

        (ii) by striking ‘65 percent’ and inserting in lieu thereof ‘55 percent’;

      (B) in subsection (b)--

        (i) by adding at the end of paragraph (2) the following new sentence: ‘Any such renewal shall require the State, agency, or person to provide a statement that such State, agency, or person agrees to pay in each year of operation, beginning with the first year of operation of service under such renewed agreement, at least 55 percent of the long-term avoidable losses of operating such service and at least 50 percent of the associated capital costs.’; and

        (ii) by inserting at the end the following new paragraph:

    ‘(3) Amtrak is authorized to contribute in each year of operation of any service instituted or retained pursuant to this section no more than--

      ‘(A) 55 percent in the first year of such operation; and

      ‘(B) 45 percent in each year of operation thereafter,

    of the long-term avoidable losses of operating such service and no more than 50 percent of the associated capital costs.’.

    (2) The amendments made by paragraph (1) shall only apply with respect to fiscal year 1996 and subsequent fiscal years.

    (b) REVIEW OF PROGRAM- Within 2 years after the date of enactment of this Act, the Secretary of Transportation shall conduct a comprehensive review of the program of State-assisted rail passenger services operated by Amtrak under section 24704 of title 49, United States Code, and shall submit a report to the Congress detailing the Secretary’s findings and conclusions, including any recommendations the Secretary may have for revising such section 24704. The Secretary’s report shall address, among other things, whether and at what point services originated under section 24704 should become a part of the basic system of intercity rail passenger transportation and shall identify any other avenues for initiating and implementing new rail passenger transportation.

SEC. 6. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM.

    (a) CAPITAL IMPROVEMENTS- (1) Section 24902(h) of title 49, United States Code, is amended--

      (A) by inserting ‘(1)’ before ‘If practicable’; and

      (B) by adding at the end the following new paragraph:

    ‘(2) Amtrak shall make capital improvements for the Northeast Corridor improvement program under this chapter as necessary to operate reliable, high-speed rail passenger service, to enhance capacity for intercity and commuter passenger transportation, and as otherwise may be necessary to ensure continued reliable high-speed service. Amtrak shall also acquire train equipment to be used on the Northeast Corridor, mitigate environmental impacts related to the Northeast Corridor improvement program, and provide adequate parking at and improve Northeast Corridor rail stations.’.

    (2) Section 24909 of title 49, United States Code, is amended--

      (A) by striking subsection (e); and

      (B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively.

    (b) BOSTON-NEW HAVEN ELECTRIFICATION PROJECT- (1) Section 24902(f) of title 49, United States Code, is amended--

      (A) by inserting ‘(1)’ before ‘Improvements under’; and

      (B) by adding at the end the following new paragraph:

    ‘(2) Amtrak shall design and construct the electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and Central Falls, Rhode Island, to be used for double-stack freight service to and from the Port of Davisville. Wherever practicable, Amtrak shall use portal structures and realign existing tracks on undergrade and overgrade bridges to minimize the width of the right-of-way required to add the third track. Amtrak shall take such other steps as may be required to coordinate and facilitate design and construction work.’.

    (2) Amtrak shall, not later than 6 months after the date of enactment of this Act, transmit to the Congress a report detailing its electrification design between Davisville and Central Falls, Rhode Island, and describing efforts to comply with section 24902(f)(2) of title 49, United States Code.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    Section 24104 of title 49, United States Code, is amended--

      (1) in subsection (a)(1), by inserting ‘and not more than $332,000,000 for fiscal year 1995 and $335,000,000 for fiscal year 1996 may be appropriated to the Secretary,’ after ‘September 30, 1994,’;

      (2) in subsection (a)(2), by adding at the end the following new subparagraphs:

      ‘(C) $250,000,000 for fiscal year 1995.

      ‘(D) $250,000,000 for fiscal year 1996.’;

      (3) in subsection (b)(1), by inserting ‘Not more than $373,000,000 for fiscal year 1995 and $373,000,000 for fiscal year 1996 may be appropriated to the Secretary for the benefit of Amtrak for operating expenses.’ after ‘for operating expenses.’;

      (4) in subsection (b)(2)(A), by adding at the end the following new clauses:

      ‘(iii) $17,000,000 for fiscal year 1995.

      ‘(iv) $17,000,000 for fiscal year 1996.’;

      (5) in subsection (c)(1)--

        (A) by striking ‘and’ after ‘September 30, 1993,’; and

        (B) by inserting ‘$156,000,000 for fiscal year 1995, and $165,000,000 for fiscal year 1996,’ after ‘September 30, 1994,’; and

      (6) by amending subsection (d) to read as follows:

    ‘(d) ADMINISTRATION OF APPROPRIATIONS- Notwithstanding section 6304 of title 31, United States Code, funds appropriated pursuant to this section shall be provided to Amtrak upon appropriation when requested by Amtrak.’.

SEC. 8. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT.

    (a) AMENDMENT- Chapter 243 of title 49, United States Code, is amended by adding at the end the following new section:

‘SEC. 24316. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT.

    ‘(a) ESTABLISHMENT- Amtrak shall establish a Capital and Equipment Acquisition Account. Amounts in this account shall be used by Amtrak to--

      ‘(1) acquire passenger equipment and locomotives;

      ‘(2) encourage State and local investment in facilities and equipment used to provide intercity rail passenger transportation; and

      ‘(3) address other critical capital priorities.

    ‘(b) DEPOSITS- Amtrak may deposit into the Capital and Equipment Acquisition Account--

      ‘(1) payments received for the use of its equipment or facilities;

      ‘(2) claims recovered by Amtrak; and

      ‘(3) amounts from any other source to the extent authorized by Federal law.’.

    (b) TABLE OF SECTIONS AMENDMENT- The table of sections for chapter 243 of title 49, United States Code, is amended by adding at the end the following new item:

      ‘24316. Capital and equipment acquisition account.’.

SEC. 9. ON-TIME PERFORMANCE.

    (a) COMPARISON- The Secretary of Transportation shall conduct a direct comparison of the on-time performance of Amtrak compared to other modes of commercial passenger transportation, using consistent methodologies.

    (b) REPORT TO CONGRESS- The Secretary of Transportation shall, not later than 1 year after the date of enactment of this Act, transmit to the Congress a report on the results of the comparison required by subsection (a), along with an explanation of the differences found in on-time performance between modes of transportation, including consideration of the age and condition of equipment and any other differences among the modes that affect the ability to achieve on-time service.

SEC. 10. COOPERATION WITH STUDY.

    Amtrak shall cooperate with the efforts of the Virginia State Department of Transportation in designing and carrying out a study on the feasibility of reestablishing rail service between Washington, D.C., and Bristol, Virginia.

SEC. 11. BURBANK-GLENDALE-PASADENA, CALIFORNIA, STATION FACILITIES.

    Amtrak shall develop a plan for new station facilities at the Burbank-Glendale-Pasadena Airport to accommodate the intercity rail passenger requirements of Amtrak, along with the needs of the commuter rail services serving the Burbank-Glendale-Pasadena metropolitan area. In developing the plan, Amtrak shall consider use of a facility at the airport as a primary facility for handling intercity and commuter passengers, shall evaluate sources of State, local, and private funding for the new station facilities, and shall propose the allocation of space and costs in the new facilities among all transportation services using the facilities. The plan shall be predicated upon completing the project with State, local, and private funding, and without Federal funds appropriated for Amtrak. Amtrak shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate containing such plan no later than April 1, 1995.

SEC. 12. CITY OF ONTARIO, CALIFORNIA, STATION FACILITIES.

    Amtrak shall develop a plan for new or redeveloped station facilities in the City of Ontario, California, to accommodate the intercity rail passenger requirements of Amtrak, along with the needs of the commuter rail services servicing the City of Ontario. In developing the plan, Amtrak shall consider use of a facility at the Ontario International Airport as the primary facility for handling intercity passengers, shall evaluate sources of State, local, and private funding for the new or redeveloped station facilities, and shall propose the allocation of space and costs in the new facilities among all transportation services using the facilities. The plan shall be predicated upon completing the project with State, local, and private funding, and without Federal funds appropriated for Amtrak. Amtrak shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate containing such plan no later than April 1, 1995.

SEC. 13. LAND CONVEYANCE.

    (a) VALIDATION AND CONFIRMATION- The conveyance described in subsection (b)(1) involving certain real property in Tulare County, California, forming a part of the right-of-way granted by the United States to the Southern Pacific Railroad under the Act entitled ‘An Act granting Lands to aid in the Construction of a Railroad and Telegraph Line from the States of Missouri and Arkansas to the Pacific Coast’, approved July 27, 1866 (14 Stat. 292), is legalized, validated, and confirmed in the Redevelopment Agency of the city of Tulare, the grantee in such conveyance, and their successors in interest, with respect to all interests of the United States in the rights to the real property described in subsection (b)(2).

    (b) CONVEYANCE AND REAL PROPERTY DESCRIBED-

      (1) CONVEYANCE- The conveyance referred to in subsection (a) was made by a Judgment in Condemnation and Final Order of Condemnation of the Superior Court in and for the county of Tulare, State of California in Action No. 150298 entitled ‘Redevelopment Agency of the City of Tulare v. Southern Pacific Transportation Company’ filed and entered March 10, 1992, by the Southern Pacific Transportation Company to the Redevelopment Agency of the city of Tulare.

      (2) REAL PROPERTY DESCRIBED- The real property referred to in subsection (a) is a parcel of land in the northwest quarter of section 11, township 20 south, range 24 east, Mount Diablo Base and meridian in the city of Tulare, county of Tulare, State of California, more particularly described as follows:

      Commencing at the intersection of the centerlines of Tulare Avenue and ‘J’ Street;

      Thence north 10 degrees 20 minutes 00 seconds west 208.54 feet along the centerline of ‘J’ Street;

      Thence south 79 degrees 39 minutes 36 seconds west 40.00 feet to the westerly right-of-way line of ‘J’ Street and the True Point of Beginning;

      Thence south 10 degrees 20 minutes 00 seconds east 148.54 feet along said westerly right-of-way line to the beginning of a tangent curve concave to the northwest having a radius of 20.00 feet, a radial line through which bears north 79 degrees 40 minutes 00 seconds east;

      Thence south, southwesterly and westerly along said curve and right-of-way line through a central angle of 89 degrees 59 minutes 36 seconds to the northerly right-of-way line of Tulare Avenue;

      Thence south 79 degrees 39 minutes 36 seconds west 159.89 feet along last said right-of-way line;

      Thence leaving said right-of-way line north 10 degrees 20 minutes 00 seconds west 168.54 feet parallel with the centerline of ‘J’ Street;

      Thence north 79 degrees 39 minutes 36 seconds east 179.88 feet to the Point of Beginning.

      Containing 0.69 acres.

SEC. 14. RESIDENCE OF EMPLOYEES.

    The amendments made by section 7 of the Amtrak Reauthorization and Improvement Act of 1990 shall apply to all periods before and after the date of their enactment.