Amtrak Reform and Privatization Act of 1995

Summary

TABLE OF CONTENTS: Title I: Procurement Reforms Title II: Operational Reforms Title III: Employee Protection Reforms Title IV: Use of Railroad Facilities Title V: Financial Reforms Title VI: Miscellaneous Title VII: Authorization of Appropriations AMTRAK Reform and Privatization Act of 1995 - Title I: Procurement Reforms - Amends Federal transportation law to revise provisions regarding the National Railroad Passenger Corporation (AMTRAK) to authorize AMTRAK, in order to realize demonstrable economic benefits, to contract out work normally performed by an employee of a bargaining unit covered by a contract between a labor organization and AMTRAK or a rail carrier that provided intercity rail passenger transportation on October 30, 1970. (Currently, AMTRAK may not contract out such work if it results in the layoff of a bargaining unit employee.) (Sec. 102) Prohibits AMTRAK from submitting a bid for the performance of services under a contract for an amount less than the cost to it of performing such services (below-cost competition) with respect to any activity, except the provision of intercity rail passenger transportation, commuter rail passenger transportation, or mail or express transportation. Authorizes an aggrieved individual to commence a civil action in a U.S. district court for violations of such prohibition. Repeals general AMTRAK authority to maintain and rehabilitate rail passenger equipment, and the mandate to maintain a regional maintenance plan including specified components. Authorizes AMTRAK, with a specified exception, to enter into a contract with a motor carrier of passengers for the intercity transportation over regular routes only if certain requirements are met. Title II: Operational Reforms - Repeals AMTRAK's mandate: (1) to provide intercity rail passenger transportation within the basic system (unless such transportation is provided by specified others); and (2) to continue to carry out a specified plan to improve such transportation. (Sec. 201) Requires AMTRAK to give 180 days' notice (currently, 90 days) of its intention to discontinue rail service over a route to States, regional or local authorities, or other persons so that they will have an opportunity to agree to share or assume the cost of any part of the train, route, or service to be discontinued. Repeals AMTRAK's mandates for: (1) cost and performance reviews of AMTRAK routes in the basic system; and (2) provision of special commuter transportation. (Sec. 202) Repeals specified provisions regarding: (1) AMTRAK's mandate to increase mail and express transportation revenues, and its authority to provide auto-ferry transportation; (2) route and service criteria with respect to route discontinuances and route additions; (3) additional qualifying routes; (4) certain requests to AMTRAK by State, regional, or local authorities or other persons to provide rail passenger transportation or keep a train, route, or service that AMTRAK intends to discontinue; and (5) authority for the AMTRAK Commuter (thus abolishing it as an AMTRAK subsidiary). Declares that State and local laws that impair the provision of mail, express, and auto-ferry transportation shall not apply to AMTRAK or a rail carrier providing such services. Exempts certain commuter authorities from paying a tax or fee to the same extent that AMTRAK is exempt. (Sec. 207) Provides for the reimbursement of costs to commuter rail carriers that provide transportation over certain rights-of-way and facilities on the Northeast Corridor. Excludes from such reimbursable costs any AMTRAK general or administrative costs, corporate overhead costs, or return on investment costs for assets paid for with Federal or State funds. Encourages AMTRAK to make agreements with the private sector and undertake initiatives that promote the potential privatization of its operations. (Sec. 208) Declares that a State shall have access to AMTRAK's records, accounts, and other necessary documents used to determine the amount of any State payment to AMTRAK. Title III: Employee Protection Reforms - Repeals certain requirements for fair and equitable employee protective arrangements in the event of a discontinuance of intercity rail passenger service; but requires their incorporation into the collective bargaining contracts between AMTRAK and any labor organizations. Provides that all notices to employees regarding any change in arrangements affecting rates of pay, rules, and working conditions shall be deemed served and effective upon enactment of this Act. Requires the National Mediation Board to complete all disputes with respect to any change within 270 days after enactment of this Act. Title IV: Use of Railroad Facilities - Prohibits the Interstate Commerce Commission (ICC) from permitting any cross-subsidization among intercity rail passenger, commuter rail passenger, and rail freight transportation if the facilities for which compensation is sought are owned or provided by a commuter authority or a regional transportation authority. (Sec. 402) Limits to $250,000, or three times the amount of economic damages, the amount of punitive damages that can be awarded in a claim for personal injury, death, or damage to property in connection with the provision of rail passenger transportation. Title V: Financial Reforms - Repeals authority and requirements for AMTRAK stock capitalization. (Sec. 501) Requires AMTRAK to redeem all previously issued common stock at the fair market value as of the day before enactment of this Act. Directs the Secretary of Transportation to surrender all rights held in AMTRAK preferred stock. Relinquishes all U.S. rights in notes or mortgages entered into with AMTRAK dated October 5, 1983. (Sec. 503) Repeals composition and term requirements for the Board of Directors of AMTRAK. Declares that nothing in such repeal shall be construed to require any change in the membership of such Board upon enactment of this Act. (Sec. 506) Exempts AMTRAK (and AMTRAK subsidiary) passengers and customers from any fee, head charge, or other charge imposed by a State or local taxing authority directly or indirectly on any persons traveling in intercity rail passenger transportation or mail or express transportation provided by AMTRAK or a rail carrier subsidiary of AMTRAK, or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived from such activities, from any fee, head charge, or other charge imposed by a State or local taxing authority. Title VI: Miscellaneous - Establishes a Temporary Rail Advisory Council to: (1) evaluate AMTRAK's performance; and (2) suggest strategies for further cost containment and productivity improvements, including strategies for further reduction in Federal operating subsidies and eventual privatization of AMTRAK operations. (Sec. 604) Extends from October 15, 1996, to October 15, 2001, the deadline for retrofitting of certain intercity rail passenger cars with human waste disposal systems that provide for waste discharge at a servicing facility only. (Sec. 605) Repeals the authority or mandate for: (1) assistance for upgrading rail facilities that pose a hazard; (2) the rail safety system program; (3) a plan for demonstrating new technology in rail passenger equipment; and (4) a program master plan for a Boston-New York main line. (Sec. 609) Requires AMTRAK to construct an 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. (Sec. 610) Declares that AMTRAK shall not be subject to certain requirements under the Americans With Disabilities Act of 1990 until October 15, 2001. (Sec. 612) Amends the Northeast Rail Service Act of 1981 to repeal the mandate for determination of a costing methodology with respect to certain Northeast Corridor cost disputes. (Sec. 614) Amends the Conrail Privatization Act to repeal a specified provision regarding composition of the Board of Directors of the Consolidated Rail Corporation. (Sec. 615) Grants congressional consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service, including high speed rail service, to enter into interstate compacts to promote such service. Title VII: Authorization of Appropriations - Amends Federal transportation law to authorize appropriations for AMTRAK for: (1) capital expenditures, operating expenses, and certain mandatory payments; (2) construction expenses to convert the James A. Farley Post Office, New York City, into a train station and commercial center, and for the redevelopment of the Pennsylvania Station, New York City; and (3) guarantee of obligations to improve railroad facilities or equipment.

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Timeline

1. 7 February 1995

   Committee

   Hearings Held by the Subcommittee on Railroads Prior to Introduction and Referral.

   Source: Committee

2. 10 February 1995

   Committee

   Hearings Held by the Subcommittee on Railroads Prior to Introduction and Referral.

   Source: Committee

3. 13 February 1995

   Committee

   Hearings Held by the Subcommittee on Railroads Prior to Introduction and Referral.

   Source: Committee

4. 25 May 1995

   Committee

   Subcommittee Consideration and Mark-up Session Held and Forwarded to Full Committee by the Subcommittee on Railroads Prior to Introduction and Referral (May 25, 95).

   Source: Committee

5. 8 June 1995

   Introduced

   Referred to the House Committee on Transportation and Infrastructure. Reform and Oversight, National Security, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

   Source: IntroReferral

6. 8 June 1995

   Introduced

   Introduced in House

   Source: IntroReferral

7. 8 June 1995

   Introduced

   Introduced in House

   Source: IntroReferral

8. 14 June 1995

   Committee

   Committee Consideration and Mark-up Session Held.

   Source: Committee

9. 21 September 1995

   Reported

   Ordered to be Reported (Amended) by Voice Vote.

   Source: Committee

10. 21 September 1995

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

11. 30 October 1995

    Calendars

    Placed on the Union Calendar, Calendar No. 155.

    Source: Calendars

12. 30 October 1995

    Reported

    Reported (Amended) by the Committee on Transportation. H. Rept. 104-299.

    Source: Committee

13. 30 October 1995

    Reported

    Reported (Amended) by the Committee on Transportation. H. Rept. 104-299.

    Source: Committee

14. 29 November 1995

    Reported

    Rules Committee Resolution H. Res. 284 Reported to House. Rule provides for consideration of H.R. 1788 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. All points of order against consideration of the bill shall be waived. Measure will be read by title. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill, modified by the amendment printed in part 1 of the report accompanying this resolution. All points of order against the modified amendment shall be waived. Before the consideration of any other amendment, it shall be in order to consider the amendment printed in part 2 of the report accompanying this resolution, which shall be debatable for 10 minutes and may amend portions of the bill not yet...

    Source: Floor

15. 30 November 1995

    Floor

    The previous question was ordered pursuant to the rule.

    Source: Floor

16. 30 November 1995

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1788.

    Source: Floor

17. 30 November 1995

    Floor

    The Speaker designated the Honorable Wayne Allard to act as Chairman of the Committee.

    Source: Floor

18. 30 November 1995

    Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 284 and Rule XXIII.

    Source: Floor

19. 30 November 1995

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

20. 30 November 1995

    Vote

    On passage Passed by the Yeas and Nays: 406 - 4 (Roll no. 832).

    Source: Floor

21. 30 November 1995

    Vote

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 406 - 4 (Roll no. 832).

    Source: Floor

22. 30 November 1995

    Passed

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

    Source: Floor

23. 30 November 1995

    Floor

    Rule provides for consideration of H.R. 1788 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. All points of order against consideration of the bill shall be waived. Measure will be read by title. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill, modified by the amendment printed in part 1 of the report accompanying this resolution. All points of order against the modified amendment shall be waived. Before the consideration of any other amendment, it shall be in order to consider the amendment printed in part 2 of the report accompanying this resolution, which shall be debatable for 10 minutes and may amend portions of the bill not yet...

    Source: Floor

24. 30 November 1995

    Floor

    Considered under the provisions of rule H. Res. 284. (consideration: CR H13816-13841)

    Source: Floor

25. 30 November 1995

    Passed

    Rule H. Res. 284 passed House.

    Source: Floor

26. 4 December 1995

    Introduced

    Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 255.

    Source: Calendars

Votes

No vote records are attached yet.

Versions

• Placed on Calendar Senate · 4 December 1995 · Official file
• Engrossed in House · 30 November 1995 · Official file
• Reported in House · 30 October 1995 · Official file
• Introduced in House · 8 June 1995 · Official file

Documents

10 official files

• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN · 4 December 1995

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• Placed on Calendar Senate (PDF)

  Placed on Calendar Senate · EN · 4 December 1995

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• Engrossed in House (text)

  Engrossed in House · EN · 30 November 1995

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• Engrossed in House (PDF)

  Engrossed in House · EN · 30 November 1995

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• Passed House amended

  summary · EN · 30 November 1995

  Open at official source

• Reported in House (text)

  Reported in House · EN · 30 October 1995

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• Reported in House (PDF)

  Reported in House · EN · 30 October 1995

  ViewDownloadOpen at official source

• Introduced in House (text)

  Introduced in House · EN · 8 June 1995

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 8 June 1995

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 8 June 1995

  Open at official source

Sponsors

• Rep. Molinari, Susan [R-NY-14] · R · Sponsor
• Rep. Shuster, Bud [R-PA-9] · R · Sponsor
• · hspw00 · Standing

Related records

• related to → To establish limits on wage continuation and severance benefits for Amtrak employees displaced by a discontinuance of service, and for other purposes.
• related to → Amtrak Restructuring Act of 1995
• related to → Providing for consideration of the bill (H.R. 1788) to reform the statutes relating to Amtrak, to authorize appropriations for Amtrak, and for other purposes.
• related to ← Amtrak and Local Rail Revitalization Act of 1995