I

104TH CONGRESS

1ST SESSION H. R. 841

To provide an equitable process for strengthening the passenger rail service

network of Amtrak through the timely closure and realignment of routes

with low economic performance.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 6, 1995

Mr. WOLF (for himself, Mr. BARTON of Texas, Mr. ARMEY, Mr. DELAY, Mr.

PACKARD, Mr. FOX, Mr. ENGLISH, and Mr. HORN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure and, in addition, to the Committee on Rules, 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

A BILL

To provide an equitable process for strengthening the passenger rail service network of Amtrak through the timely

closure and realignment of routes with low economic

performance.

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 Route Closure

5 and Realignment Act of 1995’’.
2

•HR 841 IH

1 SEC. 2. THE COMMISSION.

2 (a) ESTABLISHMENT.—There is established an inde3 pendent commission to be known as the ‘‘Total Realign4 ment of Amtrak Commission’’ (in this Act referred to as

5 the ‘‘Commission’’).

6 (b) APPOINTMENT.—The Commission shall be com7 posed of eleven members as follows:

8 (1) Three individuals appointed by the Presi9 dent, including—

10 (A) the Secretary of Transportation;

11 (B) one representative of a rail labor

12 union; and

13 (C) one representative of a rail manage14 ment.

15 (2) Four individuals who collectively have ex16 pertise in rail finance, economic analysis, legal is17 sues, and other relevant areas, to be appointed by

18 the Majority Leader of the Senate, in consultation

19 with the Minority Leader.

20 (3) Four individuals who collectively have ex21 pertise in rail finance, economic analysis, legal is22 sues, and other relevant areas, to be appointed by

23 the Speaker of the House of Representatives, in con24 sultation with the Minority Leader.

25 Appointments under this subsection shall be made within

26 15 days after the date of the enactment of this Act. Indi-
3

•HR 841 IH

1 viduals appointed under paragraphs (2) and (3) shall not

2 be employees of the Department of Transportation or rep3 resentatives of a rail labor union or rail management.

4 (c) CHAIRMAN.—Within 10 days after the 15-day pe5 riod described in subsection (b), or the appointment of the

6 last member of the Commission under such subsection,

7 whichever occurs first, a majority of the members of the

8 Commission may elect a chairman from among its mem9 bership. If a chairman is not elected within such 10-day

10 period, the President shall select a chairman for the Com11 mission from among its membership.

12 (d) MEETINGS.—(1) Each meeting of the Commis13 sion shall be open to the public.

14 (2) All the proceedings, information, and delibera15 tions of the Commission shall be open or available, upon

16 request, to the Committee on Commerce, Science, and

17 Transportation and the Committee on Appropriations of

18 the Senate, and to the Committee on Transportation and

19 Infrastructure and the Committee on Appropriations of

20 the House of Representatives.

21 (e) PAY AND TRAVEL EXPENSES.—(1)(A) Each

22 member, other than the Chairman, shall be paid at a rate

23 equal to the daily equivalent of the minimum annual rate

24 of basic pay payable for level IV of the Executive Schedule

25 under section 5315 of title 5, United States Code, for each
4

•HR 841 IH

1 day (including travel time) during which the member is

2 engaged in the actual performance of duties vested in the

3 Commission.

4 (B) The Chairman shall be paid for each day referred

5 to in subparagraph (A) at a rate equal to the daily equiva6 lent of the minimum annual rate of basic pay payable for

7 level III of the Executive Schedule under section 5314 of

8 title 5, United States Code.

9 (C) Notwithstanding subparagraphs (A) and (B), of10 ficers and employees of the Federal Government shall not

11 be paid under this paragraph for service on the Commis12 sion.

13 (2) Members shall receive travel expenses, including

14 per diem in lieu of subsistence, in accordance with sections

15 5702 and 5703 of title 5, United States Code.

16 (f) DIRECTOR OF STAFF.—The Commission shall ap17 point a Director, who shall be paid at the rate of basic

18 pay payable for level IV of the Executive Schedule under

19 section 5315 of title 5, United States Code.

20 (g) STAFF.—(1) Subject to paragraph (2), the Direc21 tor, with the approval of the Commission, may appoint

22 and fix the pay of not more than 5 additional employees.

23 (2) The Director may make such appointments with24 out regard to the provisions of title 5, United States Code,

25 governing appointments in the competitive service, and
5

•HR 841 IH

1 any personnel so appointed may be paid without regard

2 to the provisions of chapter 51 and subchapter III of chap3 ter 53 of that title relating to classification and General

4 Schedule pay rates, except that an individual so appointed

5 may not receive pay in excess of the annual rate of basic

6 pay payable for level V of the Executive Schedule under

7 section 5316 of title 5, United States Code.

8 (h) HEARINGS AND SESSIONS.—The Commission

9 may, for the purpose of carrying out this Act, hold hear10 ings, sit and act at times and places, take testimony, and

11 receive evidence as the Commission considers appropriate.

12 The Commission may administer oaths or affirmations to

13 witnesses appearing before it.

14 (i) INFORMATION.—The Commission may secure di15 rectly from any department or agency of the United States

16 information necessary to enable it to carry out this Act.

17 Upon request of the Chairman of the Commission, the

18 head of that department or agency shall furnish that infor19 mation to the Commission to the extent otherwise per20 mitted by law.

21 (j) MAILS.—The Commission may use the United

22 States mails in the same manner and under the same con23 ditions as other departments and agencies of the United

24 States.
6

•HR 841 IH

1 (k) ADMINISTRATIVE SUPPORT SERVICES.—The Ad2 ministrator of General Services shall provide to the Com3 mission, on a reimbursable basis, such administrative sup4 port services as the Commission may request.

5 (l) EXPERTS OR CONSULTANTS.—The Commission

6 may procure by contract, to the extent funds are available,

7 the temporary or intermittent services of experts or con8 sultants pursuant to section 3109 of title 5, United States

9 Code.

10 (m) TERMINATION.—The Commission shall termi11 nate 30 days after transmitting a report under section

12 3(e).

13 SEC. 3. DUTIES.

14 (a) ECONOMIC PERFORMANCE RANKINGS.—The

15 Commission shall examine economic data for Amtrak’s

16 system and develop system-wide performance rankings of

17 all routes based on long-term economic loss.

18 (b) IDENTIFICATION OF CANDIDATE ROUTES FOR

19 CLOSURE OR REALIGNMENT.—(1) The Commission shall

20 identify routes which are candidates for closure or realign21 ment, based on the performance rankings developed under

22 subsection (a) and on the following principles:

23 (A) The system which remains after closure and

24 realignment of routes shall not be required to be a

25 national, interconnected system.
7

•HR 841 IH

1 (B) Federal operating subsidies for Amtrak

2 shall be assumed to decline over the 5-year period

3 beginning on the date of the enactment of a joint

4 resolution under section 4, possibly to the point of

5 zero Federal operating subsidy.

6 (C) The rail labor protection costs of Amtrak

7 shall be calculated both—

8 (i) at the level required under rail labor

9 laws as in effect when the Commission is identi10 fying routes under this subsection; and

11 (ii) at the level which would be required if

12 amendments to rail labor laws were enacted

13 that—

14 (I) limit to a maximum of 6 months

15 any wage continuation or severance benefit

16 for an employee of Amtrak whose employ17 ment is terminated as a result of a dis18 continuance of intercity rail passenger

19 service; and

20 (II) permit Amtrak to require any em21 ployee whose position is eliminated as a re22 sult of such a discontinuance to transfer to

23 another part of Amtrak’s system.

24 (2) The Commission shall specifically examine rider25 ship forecasts and other assumptions supporting contin-
8

•HR 841 IH

1 ued service on the Northeast Corridor, particularly with

2 respect to the continuation of the electrification of the

3 Northeast Corridor between New Haven, Connecticut, and

4 Boston, Massachusetts.

5 (c) CONSIDERATION OF QUALITY OF LIFE FAC6 TORS.—(1) Each route identified under subsection (b) as

7 a candidate for closure or realignment shall be reviewed

8 to determine whether there are important social, environ9 mental, or other quality of life factors which should be

10 considered in determining whether to close or realign the

11 route. The commission shall also consider the effect on

12 airport congestion and the availability of alternative modes

13 of transportation, especially in rural areas, before rec14 ommending any closure or realignment.

15 (2) The Commission shall hold public hearings to ob16 tain testimony from State and local officials, and other

17 interested parties, with respect to factors described in

18 paragraph (1).

19 (d) OPTIONAL USES FOR ABANDONED RAIL

20 LINES.—The Commission shall also examine optional uses

21 for abandoned rail lines.

22 (e) RECOMMENDATIONS.—The Commission shall,

23 within 120 days after the election or selection of its chair24 man under section 2(c), transmit to the Congress and the

25 President a report on its activities under this Act, includ-
9

•HR 841 IH

1 ing recommendations developed under this section for the

2 closure and realignment of routes in Amtrak’s passenger

3 rail system.

4 SEC. 4. CONGRESSIONAL CONSIDERATION OF COMMISSION

5 RECOMMENDATIONS.

6 (a) TERMS OF THE RESOLUTION.—For purposes of

7 this section, the term ‘‘joint resolution’’ means only a joint

8 resolution which is introduced within the 10-day period

9 beginning on the date on which the Commission transmits

10 its recommendations to the Congress under section 3(e),

11 and—

12 (1) which does not have a preamble;

13 (2) the matter after the resolving clause of

14 which is as follows: ‘‘That Congress approves the

15 recommendations of the Total Realignment of Am16 trak Commission as submitted on lll’’, the

17 blank space being filled in with the appropriate date;

18 and

19 (3) the title of which is as follows: ‘‘Joint reso20 lution approving the recommendations of the Total

21 Realignment of Amtrak Commission.’’.

22 (b) REFERRAL.—A resolution described in subsection

23 (a) that is introduced in the House of Representatives

24 shall be referred to the Committee on Transportation and

25 Infrastructure of the House of Representatives. A resolu-
10

•HR 841 IH

1 tion described in subsection (a) introduced in the Senate

2 shall be referred to the Committee on Commerce, Science,

3 and Transportation of the Senate.

4 (c) DISCHARGE.—If the committee to which a resolu5 tion described in subsection (a) is referred has not re6 ported such resolution (or an identical resolution) by the

7 end of the 20-day period beginning on the date on which

8 the Commission transmits the report to the Congress

9 under section 3(e), such committee shall be, at the end

10 of such period, discharged from further consideration of

11 such resolution, and such resolution shall be placed on the

12 appropriate calendar of the House involved.

13 (d) CONSIDERATION.—(1) On or after the third day

14 after the date on which the committee to which such a

15 resolution is referred has reported, or has been discharged

16 (under subsection (c)) from further consideration of, such

17 a resolution, it is in order (even though a previous motion

18 to the same effect has been disagreed to) for any Member

19 of the respective House to move to proceed to the consider20 ation of the resolution. A Member may make the motion

21 only on the day after the calendar day on which the Mem22 ber announces to the House concerned the Member’s in23 tention to make the motion. All points of order against

24 the resolution (and against consideration of the resolution)

25 are waived. The motion is highly privileged in the House
11

•HR 841 IH

1 of Representatives and is privileged in the Senate and is

2 not debatable. The motion is not subject to amendment,

3 or to a motion to postpone, or to a motion to proceed to

4 the consideration of other business. A motion to reconsider

5 the vote by which the motion is agreed to or disagreed

6 to shall not be in order. If a motion to proceed to the

7 consideration of the resolution is agreed to, the respective

8 House shall immediately proceed to consideration of the

9 joint resolution without intervening motion, order, or other

10 business, and the resolution shall remain the unfinished

11 business of the respective House until disposed of.

12 (2) Debate on the resolution, and on all debatable

13 motions and appeals in connection therewith, shall be lim14 ited to not more than 2 hours, which shall be divided

15 equally between those favoring and those opposing the res16 olution. An amendment to the resolution is not in order.

17 A motion further to limit debate is in order and not debat18 able. A motion to postpone, or a motion to proceed to the

19 consideration of other business, or a motion to recommit

20 the resolution is not in order. A motion to reconsider the

21 vote by which the resolution is agreed to or disagreed to

22 is not in order.

23 (3) Immediately following the conclusion of the de24 bate on a resolution described in subsection (a) and a sin25 gle quorum call at the conclusion of the debate if re-
12

•HR 841 IH

1 quested in accordance with the rules of the appropriate

2 House, the vote on final passage of the resolution shall

3 occur.

4 (4) Appeals from the decisions of the Chair relating

5 to the application of the rules of the Senate or the House

6 of Representatives, as the case may be, to the procedure

7 relating to a resolution described in subsection (a) shall

8 be decided without debate.

9 (e) CONSIDERATION BY OTHER HOUSE.—(1) If, be10 fore the passage by one House of a resolution of that

11 House described in subsection (a), that House receives

12 from the other House a resolution described in subsection

13 (a), then the following procedures shall apply:

14 (A) The resolution of the other House shall not

15 be referred to a committee and may not be consid16 ered in the House receiving it except in the case of

17 final passage as provided in subparagraph (B)(ii).

18 (B) With respect to a resolution described in

19 subsection (a) of the House receiving the resolu20 tion—

21 (i) the procedure in that House shall be

22 the same as if no resolution had been received

23 from the other House; but

24 (ii) the vote on final passage shall be on

25 the resolution of the other House.
13

•HR 841 IH

1 (2) Upon disposition of the resolution received from

2 the other House, it shall no longer be in order to consider

3 the resolution that originated in the receiving House.

4 (f) RULES OF THE SENATE AND HOUSE.—This sec5 tion is enacted by Congress—

6 (1) as an exercise of the rulemaking power of

7 the Senate and House of Representatives, respec8 tively, and as such it is deemed a part of the rules

9 of each House, respectively, but applicable only with

10 respect to the procedure to be followed in that

11 House in the case of a resolution described in sub12 section (a), and it supersedes other rules only to the

13 extent that it is inconsistent with such rules; and

14 (2) with full recognition of the constitutional

15 right of either House to change the rules (so far as

16 relating to the procedure of that House) at any time,

17 in the same manner, and to the same extent as in

18 the case of any other rule of that House.

19 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated not to exceed

21 $2,500,000 for carrying out this Act.

Æ