I
104TH CONGRESS
1ST SESSION
H. R. 1788
To reform the statutes relating to Amtrak, to authorize appropriations for
Amtrak, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 8, 1995
Ms. MOLINARI (for herself and Mr. SHUSTER) introduced the following bill;
which was referred to the Committee on Transportation and Infrastructure
A BILL
To reform the statutes relating to Amtrak, to authorize
appropriations for Amtrak, and for other purposes.
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 ‘‘Amtrak Reform and
Privatization Act of 1995’’.
TITLE I—PROCUREMENT
REFORMS
SEC. 101. CONTRACTING OUT.
Section 24312(b) of title 49, United States Code, is
amended to read as follows:
‘‘(b) CONTRACTING OUT.—Notwithstanding any ar-
rangement in effect on the date of the enactment of the
Amtrak Reform and Privatization Act of 1995, Amtrak,
in order to realize demonstrable economic benefits, may
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.’’.
SEC. 102. CONTRACTING PRACTICES.
(a) BELOW-COST COMPETITION.—Section 24305(b)
of title 49, United States Code, is amended to read as
follows:
‘‘(b) BELOW-COST COMPETITION.—(1) Amtrak shall
not submit any bid for the performance of services under
a contract for an amount less than the cost to Amtrak
of performing such services, with respect to any activity
other than the provision of intercity rail passenger trans-
portation, commuter rail passenger transportation, or mail
or express transportation. For purposes of this subsection,
the cost to Amtrak of performing services shall be deter-
mined using generally accepted accounting principles for
contracting.
‘‘(2) Any aggrieved individual may commence a civil
action for violation of paragraph (1). The United States
district courts shall have jurisdiction, without regard to
the amount in controversy or the citizenship of the parties,
to enforce paragraph (1). The court, in issuing any final
order in any action brought pursuant to this paragraph,
may award bid preparation costs, anticipated profits, and
litigation costs, including reasonable attorney and expert
witness fees, to any prevailing or substantially prevailing
party. The court may, if a temporary restraining order
or preliminary injunction is sought, require the filing of
a bond or equivalent security in accordance with the Fed-
eral Rules of Civil Procedure.’’.
(b) THROUGH SERVICE
IN CONJUNCTION WITH
INTERCITY BUS OPERATIONS.—(1) Section 24305(a) of
title 49, United States Code, is amended by adding at the
end the following new paragraph:
‘‘(3)(A) Except as provided in subsection (d)(2), Am-
trak may enter into a contract with a motor carrier of
passengers for the intercity transportation of passengers
by motor carrier over regular routes only if—
‘‘(i) the motor carrier is not a public recipient
of governmental assistance, as such term is defined
in section 10922(d)(1)(F)(i) of this title, other than
a recipient of funds under section 18 of the Federal
Transit Act;
‘‘(ii) the passengers have had prior movement
by rail or will have subsequent movement by rail;
and
‘‘(iii) the buses, when used in the provision of
such transportation, are used exclusively for the
transportation of passengers described in clause (ii).
‘‘(B) Subparagraph (A) shall not apply to transpor-
tation funded in whole or in part by a State or local gov-
ernment, or to ticket selling agreements.’’.
(2) Section 24305(d) of title 49, United States Code,
is amended by adding at the end the following new para-
graph:
‘‘(3) Congress encourages Amtrak and motor com-
mon carriers of passengers to use the authority conferred
in section 11342(a) of this title for the purpose of provid-
ing improved service to the public and economy of oper-
ation.’’.
SEC. 103. FREEDOM OF INFORMATION ACT.
Section 24301(e) of title 49, United States Code, is
amended by striking ‘‘Section 552 of title 5, this part,’’
and inserting in lieu thereof ‘‘This part’’.
TITLE II—OPERATIONAL
REFORMS
SEC. 201. BASIC SYSTEM.
(a) OPERATION OF BASIC SYSTEM.—Section 24701
of title 49, United States Code, and the item relating
thereto in the table of sections of chapter 247 of such title,
are repealed.
(b) 
IMPROVING
RAIL
PASSENGER
TRANSPOR-
TATION.—Section 24702 of title 49, United States Code,
and the item relating thereto in the table of sections of
chapter 247 of such title, are repealed.
(c) DISCONTINUANCE.—Section 24706 of title 49,
United States Code, is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘90 days’’ and inserting in
lieu thereof ‘‘180 days’’;
(B) by striking ‘‘a discontinuance under
section 24704 or 24707(a) or (b) of this title’’
and inserting in lieu thereof ‘‘discontinuing
service over a route’’; and
(C) by inserting ‘‘or assume’’ after ‘‘agree
to share’’;
(2) in subsection (a)(2), by striking ‘‘section
24704 or 24707(a) or (b) of this title’’ and inserting
in lieu thereof ‘‘paragraph (1)’’; and
SEC. 609. BOSTON-NEW HAVEN ELECTRIFICATION PRO-
JECT.
Section 24902(f) of title 49, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘Improvements
under’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) Amtrak shall design and construct the elec-
trification 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 prac-
ticable, Amtrak shall use portal structures and realign ex-
isting tracks on undergrade and overgrade bridges to min-
imize 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 con-
struction work.’’.
SEC. 610. AMERICANS WITH DISABILITIES ACT OF 1990.
(a) APPLICATION TO AMTRAK.—Amtrak shall not be
subject to any requirement under section 242(a) (1) and
(3) and (e)(2) of the Americans With Disabilities Act of
1990 (42 U.S.C. 12162(a) (1) and (3) and (e)(2)) until
October 15, 2001.
(b) CONFORMING AMENDMENT.—Section 24307 of
title 49, United States Code, is amended—
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as sub-
section (b).
SEC. 611. DEFINITIONS.
Section 24102 of title 49, United States Code, is
amended—
(1) by striking paragraphs (2), (3), and (11);
(2) by redesignating paragraphs (4) through
(8) as paragraphs (2) through (6), respectively;
(3) by inserting after paragraph (6), as so re-
designated by paragraph (2) of this section, the fol-
lowing new paragraph:
‘‘(7) ‘rail passenger transportation’ means the
interstate, intrastate, or international transportation
of passengers by rail;’’;
(4) in paragraph (6), as so redesignated by
paragraph (2) of this section, by inserting ‘‘, includ-
ing a unit of State or local government,’’ after
‘‘means a person’’; and
(5) by redesignating paragraphs (9) and (10)
as paragraphs (8) and (9), respectively.
SEC. 612. NORTHEAST CORRIDOR COST DISPUTE.
Section 1163 of the Northeast Rail Service Act of
1981 (45 U.S.C. 1111) is repealed.
SEC. 613. INSPECTOR GENERAL ACT OF 1978 AMENDMENT.
(a) AMENDMENT.—Section 8G(a)(2) of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended by strik-
ing ‘‘Amtrak,’’.
(b) AMTRAK NOT FEDERAL ENTITY.—Amtrak shall
not be considered a Federal entity for purposes of the In-
spector General Act of 1978.
SEC. 614. CONSOLIDATED RAIL CORPORATION.
Section 4023 of the Conrail Privatization Act (45
U.S.C. 1323), and the item relating thereto in the table
of contents of such Act, are repealed.
SEC. 615. INTERSTATE RAIL COMPACTS.
(a) CONSENT TO COMPACTS.—Congress grants con-
sent 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 the provision of the service, including—
(1) retaining an existing service or commencing
a new service;
(2) assembling rights-of-way; and
(3) performing capital improvements, includ-
ing—
(A) the construction and rehabilitation of
maintenance facilities;
(B) the purchase of locomotives; and
(C) operational improvements, including
communications, signals, and other systems.
(b) FINANCING.—An interstate compact established
by States under subsection (a) may provide that, in order
to carry out the compact, the States may—
(1) accept contributions from a unit of State or
local government or a person;
(2) use any Federal or State funds made avail-
able for intercity passenger rail service (except funds
made available for the National Railroad Passenger
Corporation);
(3) on such terms and conditions as the States
consider advisable—
(A) borrow money on a short-term basis
and issue notes for the borrowing; and
(B) issue bonds; and
(4) obtain financing by other means permitted
under Federal or State law.
TITLE VII—AUTHORIZATION OF
APPROPRIATIONS
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 24104(a) of title 49,
United States Code, is amended to read as follows:
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary of Transportation—
‘‘(1) $772,000,000 for fiscal year 1995;
‘‘(2) $712,000,000 for fiscal year 1996;
‘‘(3) $712,000,000 for fiscal year 1997;
‘‘(4) $712,000,000 for fiscal year 1998; and
‘‘(5) $403,000,000 for fiscal year 1999,
for the benefit of Amtrak for capital expenditures under
chapters 243 and 247 of this title, operating expenses, and
payments described in subsection (c)(1)(A) through (C).’’.
(b) 
ADDITIONAL
AUTHORIZATIONS.—Section
24104(b) of title 49, United States Code, is amended to
read as follows:
‘‘(b) ADDITIONAL AUTHORIZATIONS.—(1) In addi-
tion to amounts appropriated under subsection (a), there
are authorized to be appropriated to the Secretary of
Transportation—
‘‘(A) $200,000,000 for fiscal year 1995;
‘‘(B) $200,000,000 for fiscal year 1996;
‘‘(C) $200,000,000 for fiscal year 1997;
‘‘(D) $200,000,000 for fiscal year 1998; and
‘‘(E) $200,000,000 for fiscal year 1999,
for the benefit of Amtrak to make capital expenditures
under chapter 249 of this title.
‘‘(2) In addition to amounts appropriated under sub-
section (a), there are authorized to be appropriated to the
Secretary of Transportation—
‘‘(A) $21,500,000 for fiscal year 1995;
‘‘(B) $10,000,000 for fiscal year 1996;
‘‘(C) $10,000,000 for fiscal year 1997;
‘‘(D) $10,000,000 for fiscal year 1998; and
‘‘(E) $10,000,000 for fiscal year 1999,
for the benefit of Amtrak to be used for engineering, de-
sign, and construction activities to enable the James A.
Farley Post Office in New York, New York, to be used
as a train station and commercial center and for necessary
improvements and redevelopment of the existing Penn-
sylvania Station and associated service building in New
York, New York.’’.
(c) CONFORMING AMENDMENTS.—Section 24909 of
title 49, United States Code, and the item relating thereto
in the table of sections of chapter 249 of such title, are
repealed.
(d) GUARANTEE OF OBLIGATIONS.—There are au-
thorized to be appropriated to the Secretary of Transpor-
tation—
(1) $50,000,000 for fiscal year 1996;
(2) $50,000,000 for fiscal year 1997;
(3) $50,000,000 for fiscal year 1998; and
(4) $50,000,000 for fiscal year 1999,
for guaranteeing obligations of Amtrak under section 511
of the Railroad Revitalization and Regulatory Reform Act
of 1976 (45 U.S.C. 831).
(e) CONDITIONS
FOR
GUARANTEE
OF
OBLIGA-
TIONS.—Section 511(i) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 831(i)) is
amended by adding at the end the following new para-
graph:
‘‘(4) The Secretary shall not require, as a condition
for guarantee of an obligation under this section, that all
preexisting secured obligations of an obligor be subordi-
nated to the rights of the Secretary in the event of a de-
fault.’’.
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HR 1788 IH——3