I
107TH CONGRESS
1ST SESSION
H. R. 3591
To provide for the competitive operation of the Northeast rail corridor and
Autotrain using State and private sector initiatives.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 20, 2001
Mr. MICA (for himself, Mr. DELAY, Mr. GRAVES, Mr. HEFLEY, Mr. DAN MIL-
LER of Florida, Mr. KINGSTON, Mr. LINDER, Mr. COLLINS, Mr. POMBO,
Mr. PETRI, and Mr. STEARNS) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
A BILL
To provide for the competitive operation of the Northeast
rail corridor and Autotrain using State and private sector
initiatives.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Systemic Passenger
Infrastructure and Network Overhaul through Financial
Freedom Act’’.
SEC. 2. INTERIM DIRECTED SERVICE.
(a) TRANSFER OF OWNERSHIP.—Effective on the
date of the enactment of this Act—
(1) title to all property of the National Railroad
Passenger Corporation necessary for the operation
of the main line of the Northeast Corridor between
the District of Columbia and Boston, Massachusetts,
and the Autotrain shall transfer to the Secretary of
Transportation; and
(2) the note and mortgage described in section
24907 of title 49, United States Code, is canceled,
in consideration for the transfer described in para-
graph (1).
(b) INTERIM OPERATIONS.—The Secretary of Trans-
portation shall ensure the continuation of maintenance
and dispatching of service on the main line of the North-
east Corridor between the District of Columbia and Bos-
ton, Massachusetts, and of the Autotrain, until directed
service is initiated under subsection (c). The Secretary is
authorized to use personnel of the National Railroad Pas-
senger Corporation to carry out this subsection.
(c) DIRECTED SERVICE.—Not later than 3 months
after the date of the enactment of this Act, the Secretary
of Transportation shall complete a competitive selection
of an entity or entities to maintain and dispatch service
on the main line of the Northeast Corridor between the
District of Columbia and Boston, Massachusetts, and for
the Autotrain, and shall take such actions as are necessary
to initiate and maintain such directed service until the dis-
position of such operations pursuant to sections 3 and 4,
and for such additional time as is necessary to ensure the
orderly transition of operations under those sections. In
carrying out this subsection, the Secretary and any entity
or entities selected by the Secretary shall have the powers
and authorities, including access rights, of the National
Railroad Passenger Corporation with respect to the service
involved.
SEC. 3. NORTHEAST CORRIDOR.
(a) COMPTROLLER GENERAL ANALYSIS.—Not later
than 1 year after the date of the enactment of this Act,
the Comptroller General shall transmit to the Secretary
of Transportation a report analyzing the capital require-
ments needed to ensure that the Northeast Corridor can
be operated in a financially viable manner.
(b) DETERMINATION
OF
APPROPRIATE
DISPOSI-
TION.—Not later than 2 years after the date of the enact-
ment of this Act, the Secretary, after considering the pros-
pects of financial viability, including capital requirements
as reported under subsection (a) and proposed financing
options, shall determine which of the following options is
most appropriate for the disposition of the operations (and
all necessary supporting property) described in section
2(b) and (c) with respect to the Northeast Corridor:
(1) Transfer of such operations to an interstate
compact, entered into under section 410 of the Am-
trak Reform and Accountability Act of 1997, con-
sisting of the States of the Northeast Corridor.
(2) Transfer of such operations to a new quasi-
governmental corporation or to a private sector cor-
poration.
(3) Retention of ownership by the Secretary of
Transportation, with competitive franchising, by 1
or more entities, of the management and dispatching
of service.
The Secretary shall transmit to the Congress a report on
the determination made under this subsection.
(c) IMPLEMENTATION.—Not later than 6 months
after a determination is made under subsection (b), the
Secretary shall implement the appropriate disposition as
so determined.
SEC. 4. AUTOTRAIN.
(a) DETERMINATION
OF
APPROPRIATE
DISPOSI-
TION.—Not later than 1 year after the date of the enact-
ment of this Act, the Secretary, after considering the pros-
pects of financial viability, including capital requirements
and proposed financing options, shall determine which of
the following options is most appropriate for the disposi-
tion of the operations (and all necessary supporting prop-
erty) described in section 2(b) with respect to the Auto-
train:
(1) Transfer of such operations to a new quasi-
governmental corporation or to a private sector cor-
poration.
(2) Retention of ownership by the Secretary of
Transportation, with competitive franchising, by 1
or more entities, of the management and operations.
The Secretary shall transmit to the Congress a report on
the determination made under this subsection.
(b) IMPLEMENTATION.—Not later than 6 months
after a determination is made under subsection (a), the
Secretary shall implement the appropriate disposition as
so determined.
SEC. 5. FUNDING.
(a) RETENTION
OF AMOUNTS.—The Secretary of
Transportation shall retain all amounts appropriated by
the Federal Government for fiscal year 2002 for the Na-
tional Railroad Passenger Corporation that have not been
provided to the National Railroad Passenger Corporation,
and such amounts shall be available to the Secretary for
carrying out this Act.
(b) TRANSFER OF AMOUNTS.—The National Rail-
road Passenger Corporation shall transfer to the Secretary
of Transportation all amounts appropriated by the Fed-
eral Government for fiscal year 2002 and provided to the
National Railroad Passenger Corporation, and such
amounts shall be available to the Secretary for carrying
out this Act.
SEC. 6. NONAPPLICABILITY OF PROVISION.
A local governmental authority (as defined in section
5302(a)(6) of title 49, United States Code) shall not be
subject to any obligation under any arrangement pursuant
to section 5333(b) of title 49, United States Code, with
respect to employees of the National Railroad Passenger
Corporation providing services to such authority pursuant
to a contract between the authority and the National Rail-
road Passenger Corporation.
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