Union Calendar No. 380

103D CONGRESS

2D SESSION H. R. 4111

[Report No. 103–698]

A BILL

To authorize appropriations for the National Railposes. road Passenger Corporation, and for other purAUGUST 11, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Amtrak Investment Act

5 of 1994’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) intercity rail passenger service is an essential

4 component of the integrated national transportation

5 system; however, to achieve its full potential the Na6 tional Railroad Passenger Corporation (Amtrak)

7 must provide a quality transportation product in the

8 form of clean, comfortable, and on-time service;

9 (2) Amtrak’s management and employees are

10 dedicated to providing the high quality service that

11 Amtrak’s customers deserve; however, additional cap12 ital investment is needed to acquire the modern

13 equipment and efficient facilities that are essential to

14 satisfy the demand for superior intercity rail pas15 senger service;

16 (3) significant levels of Federal capital invest17 ment will enable Amtrak to provide the world class

18 service American rail passengers deserve, and will re19 duce operating costs in the long term;

20 (4) Amtrak’s management should be held ac21 countable to ensure that all capital investment by the

22 Federal Government is effectively used to improve the

23 quality of service and the long-term financial health

24 of Amtrak;

25 (5) the Secretary of Transportation, as an ex

26 officio member of Amtrak’s board of directors, should
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1 use this position to evaluate Amtrak’s costs and reve2 nue elements to ensure that Amtrak provides excellent

3 service to its customers and that Amtrak uses its Fed4 eral investment wisely and efficiently;

5 (6) States can play a significant role in provid6 ing cost-efficient intercity rail passenger transpor7 tation and in addressing local transportation needs

8 and air quality control; and

9 (7) the freight railroads represent a critical part

10 of the Nation’s transportation infrastructure, which

11 should help to provide expeditious and cost-effective

12 delivery of passenger trains.

13 SEC. 3. WORLD CLASS SERVICE.

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

15 amended—

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

17 (10);

18 (2) by striking the period at the end of para19 graph (11) and inserting in lieu thereof ‘‘; and’’; and

20 (3) by adding at the end the following new para21 graph:

22 ‘‘(12) manage capital investment in such a way

23 as to provide its customers with world class service.’’.
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1 SEC. 4. RETURN ON INVESTMENT.

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

3 amended—

4 (1) by striking ‘‘and’’ at the end of subpara5 graph (A);

6 (2) by striking the period at the end of subpara7 graph (B) and inserting in lieu thereof ‘‘; and’’; and

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

9 ‘‘(C) shall include projections of the anticipated

10 benefits of the projects proposed for funding under

11 this part and a report on the benefits actually real12 ized from all projects previously funded under this

13 part, or legislation on which this part is based, begin14 ning with funds provided in fiscal year 1994.

15 Such report shall include an identification of improvements

16 in the quality of service offered by Amtrak, facility improve17 ments that demonstrate a productivity gain, equipment im18 provements that lower operating costs, environmental bene19 fits (including air quality and land use), enhancements to

20 local transportation needs, enhancements to mobility of

21 physically and economically disadvantaged persons, an im22 provement to the revenue-to-cost ratio, reduced dependence

23 on Federal operating support, and reductions in the need

24 for alternative transportation investments. To the extent

25 practicable, the benefits addressed in each report shall also

26 be expressed as return on invested capital.’’.
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1 SEC. 5. STATE REQUESTED RAIL PASSENGER TRANSPOR2 TATION.

3 (a) STATE/FEDERAL FORMULA.—(1) Section 24704 of

4 title 49, United States Code, is amended—

5 (A) in subsection (a)(1)(C)—

6 (i) by striking ‘‘short term’’ both places it

7 appears and inserting in lieu thereof ‘‘long8 term’’; and

9 (ii) by striking ‘‘65 percent’’ and inserting

10 in lieu thereof ‘‘55 percent’’;

11 (B) in subsection (b)—

12 (i) by adding at the end of paragraph (2)

13 the following new sentence: ‘‘Any such renewal

14 shall require the State, agency, or person to pro15 vide a statement that such State, agency, or per16 son agrees to pay in each year of operation, be17 ginning with the first year of operation of serv18 ice under such renewed agreement, at least 55

19 percent of the long-term avoidable losses of oper20 ating such service and at least 50 percent of the

21 associated capital costs.’’; and

22 (ii) by inserting at the end the following

23 new paragraph:

24 ‘‘(3) Amtrak is authorized to contribute in each year

25 of operation of any service instituted or retained pursuant

26 to this section no more than—
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1 ‘‘(A) 55 percent in the first year of such oper2 ation; and

3 ‘‘(B) 45 percent in each year of operation there4 after,

5 of the long-term avoidable losses of operating such service

6 and no more than 50 percent of the associated capital

7 costs.’’.

8 (2) The amendments made by paragraph (1) shall only

9 apply with respect to fiscal year 1996 and subsequent fiscal

10 years.

11 (b) REVIEW OF PROGRAM.—Within 2 years after the

12 date of enactment of this Act, the Secretary of Transpor13 tation shall conduct a comprehensive review of the program

14 of State-assisted rail passenger services operated by Amtrak

15 under section 24704 of title 49, United States Code, and

16 shall submit a report to the Congress detailing the Sec17 retary’s findings and conclusions, including any rec18 ommendations the Secretary may have for revising such sec19 tion 24704. The Secretary’s report shall address, among

20 other things, whether and at what point services originated

21 under section 24704 should become a part of the basic sys22 tem of intercity rail passenger transportation and shall

23 identify any other avenues for initiating and implementing

24 new rail passenger transportation.
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1 SEC. 6. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM.

2 (a) CAPITAL IMPROVEMENTS.—(1) Section 24902(h) of

3 title 49, United States Code, is amended—

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

5 and

6 (B) by adding at the end the following new

7 paragraph:

8 ‘‘(2) Amtrak shall make capital improvements for the

9 Northeast Corridor improvement program under this chap10 ter as necessary to operate reliable, high-speed rail pas11 senger service, to enhance capacity for intercity and com12 muter passenger transportation, and as otherwise may be

13 necessary to ensure continued reliable high-speed service.

14 Amtrak shall also acquire train equipment to be used on

15 the Northeast Corridor, mitigate environmental impacts re16 lated to the Northeast Corridor improvement program, and

17 provide adequate parking at and improve Northeast Cor18 ridor rail stations.’’.

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

20 amended—

21 (A) by striking subsection (e); and

22 (B) by redesignating subsections (f) and (g) as

23 subsections (e) and (f), respectively.

24 (b) BOSTON-NEW HAVEN ELECTRIFICATION

25 PROJECT.—(1) Section 24902(f) of title 49, United States

26 Code, is amended—
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1 (A) by inserting ‘‘(1)’’ before ‘‘Improvements

2 under’’; and

3 (B) by adding at the end the following new

4 paragraph:

5 ‘‘(2) Amtrak shall design and construct the electrifica6 tion system between Boston, Massachusetts, and New

7 Haven, Connecticut, to accommodate the installation of a

8 third mainline track between Davisville and Central Falls,

9 Rhode Island, to be used for double-stack freight service to

10 and from the Port of Davisville. Wherever practicable, Am11 trak shall use portal structures and realign existing tracks

12 on undergrade and overgrade bridges to minimize the width

13 of the right-of-way required to add the third track. Amtrak

14 shall take such other steps as may be required to coordinate

15 and facilitate design and construction work.’’.

16 (2) Amtrak shall, not later than 6 months after the

17 date of enactment of this Act, transmit to the Congress a

18 report detailing its electrification design between Davisville

19 and Central Falls, Rhode Island, and describing efforts to

20 comply with section 24902(f)(2) of title 49, United States

21 Code.

22 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

23 Section 24104 of title 49, United States Code, is

24 amended—
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1 (1) in subsection (a)(1), by inserting ‘‘and not

2 more than $332,000,000 for fiscal year 1995 and

3 $335,000,000 for fiscal year 1996 may be appro4 priated to the Secretary,’’ after ‘‘September 30,

5 1994,’’;

6 (2) in subsection (a)(2), by adding at the end the

7 following new subparagraphs:

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

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

10 (3) in subsection (b)(1), by inserting ‘‘Not more

11 than $373,000,000 for fiscal year 1995 and

12 $373,000,000 for fiscal year 1996 may be appro13 priated to the Secretary for the benefit of Amtrak for

14 operating expenses.’’ after ‘‘for operating expenses.’’;

15 (4) in subsection (b)(2)(A), by adding at the end

16 the following new clauses:

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

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

19 (5) in subsection (c)(1)—

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

21 1993,’’; and

22 (B) by inserting ‘‘$156,000,000 for fiscal

23 year 1995, and $165,000,000 for fiscal year

24 1996,’’ after ‘‘September 30, 1994,’’; and
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1 (6) by amending subsection (d) to read as fol2 lows:

3 ‘‘(d) ADMINISTRATION OF APPROPRIATIONS.—Not4 withstanding section 6304 of title 31, United States Code,

5 funds appropriated pursuant to this section shall be pro6 vided to Amtrak upon appropriation when requested by

7 Amtrak.’’.

8 SEC. 8. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT.

9 (a) AMENDMENT.—Chapter 243 of title 49, United

10 States Code, is amended by adding at the end the following

11 new section:

12 ‘‘SEC. 24316. CAPITAL AND EQUIPMENT ACQUISITION AC13 COUNT.

14 ‘‘(a) ESTABLISHMENT.—Amtrak shall establish a Cap15 ital and Equipment Acquisition Account. Amounts in this

16 account shall be used by Amtrak to—

17 ‘‘(1) acquire passenger equipment and loco18 motives;

19 ‘‘(2) encourage State and local investment in fa20 cilities and equipment used to provide intercity rail

21 passenger transportation; and

22 ‘‘(3) address other critical capital priorities.

23 ‘‘(b) DEPOSITS.—Amtrak may deposit into the Capital

24 and Equipment Acquisition Account—
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1 ‘‘(1) payments received for the use of its equip2 ment or facilities;

3 ‘‘(2) claims recovered by Amtrak; and

4 ‘‘(3) amounts from any other source to the extent

5 authorized by Federal law.’’.

6 (b) TABLE OF SECTIONS AMENDMENT.—The table of

7 sections for chapter 243 of title 49, United States Code, is

8 amended by adding at the end the following new item:

‘‘24316. Capital and equipment acquisition account.’’.

9 SEC. 9. ON-TIME PERFORMANCE.

10 (a) COMPARISON.—The Secretary of Transportation

11 shall conduct a direct comparison of the on-time perform12 ance of Amtrak compared to other modes of commercial pas13 senger transportation, using consistent methodologies.

14 (b) REPORT TO CONGRESS.—The Secretary of Trans15 portation shall, not later than 1 year after the date of enact16 ment of this Act, transmit to the Congress a report on the

17 results of the comparison required by subsection (a), along

18 with an explanation of the differences found in on-time per19 formance between modes of transportation, including con20 sideration of the age and condition of equipment and any

21 other differences among the modes that affect the ability to

22 achieve on-time service.

23 SEC. 10. COOPERATION WITH STUDY.

24 Amtrak shall cooperate with the efforts of the Virginia

25 State Department of Transportation in designing and car-
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1 rying out a study on the feasibility of reestablishing rail

2 service between Washington, D.C., and Bristol, Virginia.

3 SEC. 11. BURBANK-GLENDALE-PASADENA, CALIFORNIA,

4 STATION FACILITIES.

5 Amtrak shall develop a plan for new station facilities

6 at the Burbank-Glendale-Pasadena Airport to accommodate

7 the intercity rail passenger requirements of Amtrak, along

8 with the needs of the commuter rail services serving the

9 Burbank-Glendale-Pasadena metropolitan area. In develop10 ing the plan, Amtrak shall consider use of a facility at the

11 airport as a primary facility for handling intercity and

12 commuter passengers, shall evaluate sources of State, local,

13 and private funding for the new station facilities, and shall

14 propose the allocation of space and costs in the new facili15 ties among all transportation services using the facilities.

16 The plan shall be predicated upon completing the project

17 with State, local, and private funding, and without Federal

18 funds appropriated for Amtrak. Amtrak shall submit a re19 port to the Committee on Energy and Commerce of the

20 House of Representatives and the Committee on Commerce,

21 Science, and Transportation of the Senate containing such

22 plan no later than April 1, 1995.
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1 SEC. 12. CITY OF ONTARIO, CALIFORNIA, STATION FACILI2 TIES.

3 Amtrak shall develop a plan for new or redeveloped

4 station facilities in the City of Ontario, California, to ac5 commodate the intercity rail passenger requirements of Am6 trak, along with the needs of the commuter rail services

7 servicing the City of Ontario. In developing the plan, Am8 trak shall consider use of a facility at the Ontario Inter9 national Airport as the primary facility for handling inter10 city passengers, shall evaluate sources of State, local, and

11 private funding for the new or redeveloped station facilities,

12 and shall propose the allocation of space and costs in the

13 new facilities among all transportation services using the

14 facilities. The plan shall be predicated upon completing the

15 project with State, local, and private funding, and without

16 Federal funds appropriated for Amtrak. Amtrak shall sub17 mit a report to the Committee on Energy and Commerce

18 of the House of Representatives and the Committee on Com19 merce, Science, and Transportation of the Senate contain20 ing such plan no later than April 1, 1995.

21 SEC. 13. LAND CONVEYANCE.

22 (a) VALIDATION AND CONFIRMATION.—The conveyance

23 described in subsection (b)(1) involving certain real prop24 erty in Tulare County, California, forming a part of the

25 right-of-way granted by the United States to the Southern

26 Pacific Railroad under the Act entitled ‘‘An Act granting
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1 Lands to aid in the Construction of a Railroad and Tele2 graph Line from the States of Missouri and Arkansas to

3 the Pacific Coast’’, approved July 27, 1866 (14 Stat. 292),

4 is legalized, validated, and confirmed in the Redevelopment

5 Agency of the city of Tulare, the grantee in such conveyance,

6 and their successors in interest, with respect to all interests

7 of the United States in the rights to the real property de8 scribed in subsection (b)(2).

9 (b) CONVEYANCE AND REAL PROPERTY DESCRIBED.—

10 (1) CONVEYANCE.—The conveyance referred to in

11 subsection (a) was made by a Judgment in Con12 demnation and Final Order of Condemnation of the

13 Superior Court in and for the county of Tulare, State

14 of California in Action No. 150298 entitled ‘‘Redevel15 opment Agency of the City of Tulare v. Southern Pa16 cific Transportation Company’’ filed and entered

17 March 10, 1992, by the Southern Pacific Transpor18 tation Company to the Redevelopment Agency of the

19 city of Tulare.

20 (2) REAL PROPERTY DESCRIBED.—The real

21 property referred to in subsection (a) is a parcel of

22 land in the northwest quarter of section 11, township

23 20 south, range 24 east, Mount Diablo Base and me24 ridian in the city of Tulare, county of Tulare, State

25 of California, more particularly described as follows:
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1 Commencing at the intersection of the centerlines

2 of Tulare Avenue and ‘‘J’’ Street;

3 Thence north 10 degrees 20 minutes 00 seconds

4 west 208.54 feet along the centerline of ‘‘J’’ Street;

5 Thence south 79 degrees 39 minutes 36 seconds

6 west 40.00 feet to the westerly right-of-way line of ‘‘J’’

7 Street and the True Point of Beginning;

8 Thence south 10 degrees 20 minutes 00 seconds

9 east 148.54 feet along said westerly right-of-way line

10 to the beginning of a tangent curve concave to the

11 northwest having a radius of 20.00 feet, a radial line

12 through which bears north 79 degrees 40 minutes 00

13 seconds east;

14 Thence south, southwesterly and westerly along

15 said curve and right-of-way line through a central

16 angle of 89 degrees 59 minutes 36 seconds to the

17 northerly right-of-way line of Tulare Avenue;

18 Thence south 79 degrees 39 minutes 36 seconds

19 west 159.89 feet along last said right-of-way line;

20 Thence leaving said right-of-way line north 10

21 degrees 20 minutes 00 seconds west 168.54 feet par22 allel with the centerline of ‘‘J’’ Street;

23 Thence north 79 degrees 39 minutes 36 seconds

24 east 179.88 feet to the Point of Beginning.

25 Containing 0.69 acres.
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1 SEC. 14. RESIDENCE OF EMPLOYEES.

2 The amendments made by section 7 of the Amtrak Re3 authorization and Improvement Act of 1990 shall apply to

4 all periods before and after the date of their enactment.