[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 674 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 674

             Entitled the ``Rail Investment Act of 1995''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 4 (legislative day, March 27), 1995

    Mr. Exon (for himself, Mr. Dorgan, Mr. Kerry, and Mr. Moynihan) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
             Entitled the ``Rail Investment Act of 1995''.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rail Investment Act of 1995''.

                  TITLE I--RAIL INVESTMENT ACT OF 1995

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Rail Investment and Efficiency Act 
of 1995''.

SEC. 102. FINDINGS.

    The Congress finds that--
            (1) intercity rail passenger service is an essential 
        component of the integrated national transportation system; 
        however, to achieve its full potential the National Railroad 
        Passenger Corporation (herein also referred to as ``Amtrak'') 
        must provide a quality transportation product in the form of 
        clean, comfortable, and on time service;
            (2) Amtrak's management and employees are dedicated to 
        providing the high quality service that Amtrak's customers 
        deserve; however, additional capital investment is needed to 
        acquire the modern equipment and efficient facilities that are 
        essential to satisfy the demand for superior intercity rail 
        passenger service;
            (3) significant levels of Federal capital investment will 
        enable Amtrak to provide the world class service American rail 
        passengers deserve, and will reduce operating costs in the long 
        term;
            (4) Amtrak's management should be held accountable to 
        ensure that all capital investment by the Federal Government is 
        effectively used to improve the quality of service and the 
        long-term financial health of Amtrak;
            (5) the Secretary of Transportation, as an ex officio 
        member of Amtrak's board of directors, should use this position 
        to evaluate Amtrak's costs and revenue elements to ensure that 
        Amtrak provides excellent service to its customers and that 
        Amtrak uses its Federal investment wisely and efficiently; and
            (6) States can play a significant role in providing cost 
        efficient intercity rail passenger transportation and in 
        addressing local transportation needs and air quality control 
        and should be given the maximum flexibility in their use of 
        funds authorized by the Intermodal Surface Transportation 
        Efficiency Act of 1991, in order to provide transportation 
        services to their citizens.

SEC. 103. WORLD CLASS SERVICE.

    Section 24101(c) of title 49, United States Code, is amended by 
redesignating paragraphs (10) and (11) as (12) and (13), respectively, 
and inserting after paragraph (9) the following:
            ``(10) manage capital investment in such a way as to 
        provide customers with world class service;
            ``(11) treat all passengers with respect, courtesy, and 
        dignity;''.

SEC. 104. RETURN ON INVESTMENT.

    Section 24315(b) of title 49, United States Code, is amended by 
redesignating paragraph (2) as (3), and by inserting after paragraph 
(1) the following:
            ``(2) Amtrak shall include in the report required under 
        paragraph (1) projections of the anticipated benefits of the 
        project proposed for funding under this part and a report on 
        the benefits actually realized from all projects previously 
        funded under this part or the Rail Passenger Service Act 
        beginning with funds provided in fiscal year 1995. The report 
        shall include an identification of improvements in the quality 
        of service offered by Amtrak, facility improvements that 
        demonstrate a productivity gain, equipment improvements that 
        lower operating costs, environmental benefits (including air 
        quality and land use benefits), enhancements to local 
        transportation needs, enhancements to mobility of physically 
        and economically disadvantaged persons, any improvement of the 
        revenue-to-cost ratio, any reduced dependence on Federal 
        operating support, and reductions in the need for alternative 
        transportation investments. To the extent practicable, the 
        benefits addressed in each report shall also be expressed as 
        return on invested capital.''.

SEC. 105. STATE REQUESTED RAIL PASSENGER SERVICE.

    (a) Financing.--Section 24704(a)(1)(C) of title 49, United States 
Code, is amended to read as follows:
                    ``(C) include a statement by such State, agency, or 
                person that it agrees to pay in each year of operation 
                of any such service a portion, to be negotiated with 
                the President of Amtrak and mutually agreed upon, of 
                the long-term avoidable losses of operating such 
                service and the associated capital costs.''.
    (b) Comprehensive Review.--The Secretary of Transportation shall 
conduct a comprehensive review of the program of State-assisted rail 
passenger services operated by the National Railroad Passenger 
Corporation under section 24704 of title 49, United States Code, and 
shall submit a report to the Congress detailing Amtrak's findings with 
affected section 403(b) States and conclusions, including any 
recommendations Amtrak may have with respect to the payment for such 
State-assisted rail passenger service. The report shall address, among 
other things, how and under what terms and conditions services 
originated under that section shall be paid for and shall identify any 
other avenues for initiating and implementing new rail passenger 
services.
    (c) Effective Date.--The amendments made by this section shall 
apply only with respect to fiscal year 1997 and subsequent fiscal 
years.

SEC. 106. NORTHEAST CORRIDOR IMPROVEMENT PROJECT.

    (a) Capital Improvements.--Section 24909(a) of title 49, United 
States Code, is amended to read as follows:
    ``(a) Capital Improvements.--The National Railroad Passenger 
Corporation shall make capital improvements for the Northeast Corridor 
improvement project under this title as necessary to operate reliable, 
high-speed rail passenger service, to enhance capacity for intercity 
and commuter passenger service, and as otherwise may be necessary to 
ensure continued reliable high-speed service. Such Corporation shall 
also acquire train equipment to be used on the Northeast Corridor, 
mitigate environmental impacts related to the Northeast Corridor 
improvement project, and provide adequate parking at and improve 
Northeast Corridor rail stations.''.
    (b) Substitution and Deferral No Longer Allowed.--Section 24909 of 
title 49, United States Code, is amended by striking subsection (e).

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    Section 24104 of title 49, United States Code, is amended to read 
as follows:
``Sec. 24104. Authorization of appropriations
    ``(a) Operating Expenses.--
            ``(1) Core system.--There are authorized to be appropriated 
        to the Secretary for the benefit of Amtrak for operating 
        expenses $260,000,000 for fiscal year 1996.
            ``(2) State requested service.--There are authorized to be 
        appropriated to the Secretary for the benefit of Amtrak for 
        meeting its obligations under section 24704 of this title 
        $17,000,000 for fiscal year 1996.
    ``(b) Capital Investment.--There are authorized to be appropriated 
to the Secretary for the benefit of Amtrak for capital investment 
expenditures $365,000,000 for fiscal year 1996.
    ``(c) Intercity Rail Passenger Station.--There are authorized to be 
appropriated to the Secretary for the benefit of Amtrak $40,000,000 for 
fiscal year 1995 and $50,000,000 for fiscal year 1996 to be used for 
engineering, design, 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 Pennsylvania Station and associated service building in 
New York, New York.
    ``(d) Northeast Corridor Improvement Project.--There are authorized 
to be appropriated to the Secretary for the benefit of Amtrak for 
making capital expenditures under section 24909 of this title 
$235,000,000 for fiscal year 1996.
    ``(e) Mandatory Payments.--There are authorized to be appropriated 
to the Secretary $120,000,000 for fiscal year 1996 for the payment of--
            ``(1) tax liabilities under section 3221 of the Internal 
        Revenue Code of 1986 due in such fiscal years in excess of 
        amounts needed to fund benefits for individuals who retire from 
        Amtrak and for their beneficiaries;
            ``(2) obligations of Amtrak under section 8(a) of the 
        Railroad Unemployment Insurance Act (45 U.S.C. 358(a)) due in 
        such fiscal years in excess of its obligations calculated on an 
        experience-rated basis; and
            ``(3) obligations of Amtrak due under section 3321 of the 
        Internal Revenue Code of 1986.
    ``(f) Authorization of Appropriations.--Notwithstanding section 
6304 of title 31, United States Code, funds for operating expenses 
appropriate under this section for fiscal year 1996 shall be provided 
to Amtrak upon appropriation when requested by Amtrak.
    ``(g) Exclusion of On-time Performance Payments.--Amounts expended 
by Amtrak to other railroad entities as payment for the entities, on-
time performance shall be excluded from the calculation of the rail 
entities' income.''.

SEC. 108. LEGALIZATION OF CERTAIN CONVEYANCES.

    (a) In General.--Notwithstanding any other provision of law to the 
contrary but subject to subsection (c), the conveyances described in 
subsection (b) are hereby validated to the extent that the conveyances 
would have been legal or valid if the land involved in the conveyances 
had been held by the Southern Pacific Transportation Company under 
absolute or free-simple title.
    (b) Conveyances.--The conveyances described in this subsection are 
the conveyances made by the Southern Pacific Transportation Company on 
or before December 12, 1992, that--
            (1) formed part of a railroad right-of-way granted to the 
        Central Pacific Railroad Company of California, or its 
        successors or assigns, by the Federal Government; and
            (2) are located within the boundaries of the downtown 
        redevelopment area of the City of Reno, Nevada (as defined and 
        determined by the Secretary of Transportation, in consultation 
        with the appropriate official of the City of Reno, Nevada).
    (c) Filing of Instruments.--As soon as practicable after the date 
of enactment of this Act, the Secretary of Transportation shall file 
for recordation in the real property records of Washoe County, Nevada, 
such instruments as are necessary to document the conveyances described 
in subsection (b) that are validated under subsection (a).

SEC. 109. MISSOURI RIVER CORRIDOR DEVELOPMENT PROGRAM.

    (a) Feasibility Study.--Within 6 months of the date of enactment of 
this Act, Amtrak, in consultation with officials of the affected States 
and private rail carriers, shall develop and submit to the Congress a 
report addressing the feasibility, efficiency, and effectiveness of 
instituting rail passenger service between Kansas City, Missouri, and 
Omaha, Nebraska, as well as potential extensions or connections of 
service in the States of Iowa, Nebraska, Missouri, Montana, North 
Dakota, South Dakota, Oklahoma, and Kansas that might enhance the 
ridership or revenues of Amtrak service. The report shall compare 
estimated costs and revenues of this service to other existing and 
planned intercity rail passenger operations and identify the benefits 
such service might provide in helping Amtrak to provide a balanced 
system of intercity rail passenger transportation. The report shall 
identify the capital and operating costs associated with such 
operations and possible sources of support for these costs, including 
operation of this service as part of the basic system of intercity rail 
passenger transportation provided under section 24701 of title 49, 
United States Code, or operation of this service in cooperation with 
the affected States under section 24704 of such title.
    (b) Eligible Projects.--To the extent of funds appropriated under 
subsection (d), Amtrak shall carry out a Missouri River Corridor 
Development Program the purpose of which is to improve intermodal rail 
station facilities in the Missouri River Corridor used or planned for 
use in Amtrak service, and to purchase rail passenger equipment to be 
used in connection with existing or planned Amtrak service in the 
Missouri River Corridor. In selecting from among eligible projects, 
Amtrak shall choose projects that will contribute to increased 
ridership, revenues, or the development of significant intermodal 
transportation facilities.
    (c) Cost Sharing.--Fifty percent of the cost of improvements or 
capital acquisitions made under subsection (b) shall be paid by a 
State, local, or regional transportation authority or other responsible 
party. Amtrak may enter into agreements under which Amtrak will carry 
out the necessary improvements or capital acquisitions and be 
reimbursed by the responsible party or parties.
    (d) Funding.--There are authorized to be appropriated to the 
Secretary of Transportation for fiscal year 1996 not more than 
$7,000,000, such sums to remain available until expended, for use by, 
or for the benefit of, Amtrak for making capital expenditures 
associated with the Missouri River Corridor Development Program in 
carrying out subsection (b).
    (e) Definition.--As used in this title, the term ``Missouri River 
Corridor'' means Iowa, Nebraska, Missouri, Montana, North Dakota, South 
Dakota, Oklahoma, and Kansas.

SEC. 110. EXEMPTIONS FOR NORTHEAST CORRIDOR IMPROVEMENT PROJECT.

    Section 24902 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(m) Applicable Exemptions and Procedures.--For the purpose of any 
State or local requirement for permit or other approval for 
construction of any improvement undertaken by Amtrak as part of the 
Northeast Corridor Improvement Project, the exemptions and procedures 
applicable to a project undertaken by the Federal Government or an 
agency thereof shall apply.''.

SEC. 111. BOSTON-NEW HAVEN ELECTRIFICATION PROJECT.

    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)(A) Amtrak shall design and construct the electrification 
system between Boston, Massachusetts, and New Haven, Connecticut, to 
accommodate the installation of a third mainline track with an overhead 
clearance of 20'7" between Davisville and the Boston Switch at Central 
Falls, Rhode Island, to be used for double-stack and tri-level 
automobile freight service to and from the Port of Davisville. Wherever 
practicable, Amtrak shall use portal structures with foundations of 
adequate depth and realign existing tracks on and near undergrade and 
overgrade bridges to minimize 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 construction work.
    ``(B) Amtrak shall, not later than 6 months after the date of 
enactment of the Rail Investment Act of 1995, transmit to the Congress 
a report detailing its electrification design between Davisville and 
the Boston Switch at Central Falls, Rhode Island, and describing 
efforts to comply with this paragraph.''.

SEC. 112. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT.

    (a) Amendment.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following new section:
Sec. 24316. Capital and equipment acquisition account
    ``(a) Establishment.--Amtrak shall establish a Capital and 
Equipment Acquisition Account. Amounts in this account shall be used--
            ``(1) to acquire passenger equipment and locomotives;
            ``(2) to encourage State and local investment in facilities 
        and equipment used to provide intercity rail passenger 
        transportation; and
            ``(3) to address other critical capital priorities.
    ``(b) Deposits.--Amtrak may deposit into the Capital and Equipment 
Acquisition Account--
            ``(1) payments received for the use of its equipment or 
        facilities;
            ``(2) claims recovered by Amtrak;
            ``(3) amounts from any other source to the extent 
        authorized by Federal law; and
            ``(4) amounts paid by Amtrak as taxes on the cost of fuel 
        required for its operations.''.
    ``(b) Clerical Amendment.--The table of sections for chapter 243 of 
title 49, United States Code, is amended by adding at the end the 
following new item:

``24316. Capital and equipment acquisition account.''.

SEC. 113. BOARD MEMBER.

    Section 24302(a)(1)(E) of title 49, United States Code, is amended 
by inserting before the period a comma and the following: ``one of such 
members shall be specially qualified to represent the interests of rail 
passengers and shall be selected from a list of three qualified 
individuals recommended by the National Association of Railroad 
Passengers.''.

SEC. 114. PILOT PROGRAM.

    Amtrak shall implement a program to increase non-Federal revenues 
through the sale of concessions and use of vending machines on trains 
and the sale of advertising space on trains and in rail stations. The 
program should accommodate existing contracting agreements between 
Amtrak and relevant labor groups.

SEC. 115. COOPERATION WITH STUDY.

    Amtrak shall cooperate with the efforts of the Virginia State 
Department of Transportation in designing and carrying out a study on 
the feasibility of reestablishing rail service between Washington, DC, 
and Bristol, Virginia.

SEC. 116. RAIL AND MOTOR CARRIER PASSENGER SERVICE.

    Notwithstanding any other provision of law Amtrak and motor 
carriers of passengers are authorized--
            (1) to combine or package their respective services and 
        facilities to the public as a means of increasing revenues;
            (2) to coordinate schedules, routes, rates, reservations, 
        ticketing to provide for enhanced Intermodal surface 
        transportation.
Such authority shall be subject to the review of the Interstate 
Commerce Commission or its successor and such authority may be modified 
or revoked by the Interstate Commerce Commission or its successor if in 
the public interest.

SEC. 117. CENTRAL ARTERY RAIL LINK.

    (a) In General.--Upon completion of the preliminary engineering and 
design for the rail connection between North Station and South Station 
in Boston, Massachusetts, Amtrak shall develop a plan for final design 
and construction of the Central Artery Rail Link to enable intercity 
and intracity passenger service between North Station and South Station 
in Boston, Massachusetts. While this plan shall utilize construction 
efficiencies available to the Central Artery Rail Link based on its 
physical and schedule compatibility to the Central Artery Tunnel 
Project, Amtrak is directed to work with the Federal Highway 
Administration to ensure that the rail link shall have no significant 
impact on the Central Artery Tunnel Project design and construction 
schedule. Based upon the findings of the Federal Transit 
Administration's feasibility study and financial analysis, Amtrak is 
directed to identify a dedicated source of funding, other than the 
Federal Highway Trust Fund, within the Department of Transportation for 
completion of the project.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for the benefit of Amtrak $40,000,000 for 
fiscal year 1996 and $40,000,000 for fiscal year 1997 for the 
engineering, design, and construction of excavation support walls for 
the Central Artery Tunnel Project to facilitate construction of a rail 
tunnel under the depressed section of the highway. Amtrak is authorized 
to contribute no more than 80 percent of the total cost of engineering, 
design, and construction.

SEC. 118. EMERGENCY TRAINING AND RESPONSE.

    (a) Task Force.--The National Railroad passenger Corporation, 
together with representatives from each of the on-board service and 
operating crafts and unions, shall form a task force to consider 
recommendations for improving emergency training and performance of on-
board service and operating crew members. A representative of the 
Federal Railroad Administration shall serve on the task force. The task 
force shall convene its first meeting within 90 days following the date 
of enactment of this section.
    (b) Matters To Be Considered.--The task force formed under 
subsection (a) shall consider, at a minimum--
            (1) whether the Corporation's emergency training an drill 
        program as presently constituted is adequate, and if not, in 
        what ways it can be augmented or improved;
            (2) whether medical first-aid training, including 
        cardiopulmonary resuscitation, should be required for all on-
        board service crew members;
            (3) whether the Corporation's requirements with respect to 
        employee responsibilities for passenger evacuation, emergency 
        communications, crew coordination, and disaster response should 
        be coordinated; and
            (4) whether certification of the Corporation's emergency 
        training program and evacuation procedures by the Federal 
        Railroad Administration is warranted.
In considering the matters described in paragraphs (1) through (4), the 
task force shall address relevant prior recommendations and findings by 
the National Transportation Safety Board.
    (c) Report.--Not later than June 1, 1995, the task force shall 
report to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on its findings in subsection (b), 
together with a summary of actions implemented to date and 
recommendations for future action.

                TITLE II--LOCAL RAIL FREIGHT ASSISTANCE

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    Section 22108(a) of title 49, United States Code, is amended--
            (1) by inserting after paragraph (1)(B) the following:
                    ``(C) $30,000,000 for each of the fiscal years 
                ending September 30 of 1995, 1996, and 1997.''; and
            (2) by striking ``any period after September 30, 1994,'' in 
        paragraph (3) and inserting ``any period after September 30, 
        1997,''.

SEC. 202. DISASTER FUNDING FOR RAILROADS.

    Section 22101 of title 49, United States Code, is amended by 
redesignating subsection (d) as (e), and by inserting after subsection 
(c) the following:
    ``(d) Disaster Funding for Railroads.--
            ``(1) The Secretary may declare that a disaster has 
        occurred and that it is necessary to repair and rebuild rail 
        lines damaged as a result of such disaster. If the Secretary 
        makes declaration under this paragraph, the Secretary may--
                    ``(A) waive the requirements of this section;
                    ``(B) consider the extent to which the State has 
                available unexpended local rail freight assistance 
                funds or available repaid loans; and
                    ``(C) prescribe the form and time for applications 
                for assistance made available herein.
            ``(2) The Secretary may not provide assistance under this 
        subsection unless emergency disaster relief funds are 
        appropriated for that purpose.
            ``(3) Funds provided under this subsection shall remain 
        available until expended.''.

SEC. 203. GRADE-CROSSING ELIGIBILITY.

    Section 22101(a) of title 49, United States Code, is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting a semicolon; and
            (3) by adding at the end thereof the following new 
        paragraphs:
            ``(4) the cost of closing or improving a railroad grade 
        crossing or series of railroad grade crossings; and
            ``(5) the cost of creating a State supervised grain car 
        pool.''.

SEC. 204. DEDICATED TRUST FUND.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following new section:
``Sec. 24316. Capital and Equipment Acquisition Account
    ``(a) Establishment.--Amtrak shall establish a Capital and 
Equipment Acquisition Account. Amounts in this account shall be used by 
Amtrak to--
            ``(1) acquire passenger equipment and locomotives;
            ``(2) encourage State and local investment in facilities 
        and equipment used to provide intercity rail passenger 
        transportation; and
            ``(3) address other critical capital priorities.
    ``(b) Deposits.--Amtrak may deposit into the Capital and Equipment 
Acquisition Account--
            ``(1) payments received for the use of its equipment or 
        facilities;
            ``(2) claims recovered by Amtrak; and
            ``(3) amounts from any other source to the extent 
        authorized by Federal law.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end the following item:

``24316. Capital and equipment acquisition account.''.

SEC. 205. GRANT RELEASE DATE.

    Section 24104 of title 49, United States Code, is amended by 
striking the last sentence of subsection (d) and inserting the 
following: ``In each fiscal year in which amounts are authorized under 
this section, amounts appropriated shall be paid to Amtrak on the first 
day of the fiscal year.''.

SEC. 206. REPEAL OF OBSOLETE OR UNNECESSARY PROVISIONS.

    The following provisions of title 49, United States Code, are 
repealed:
            ``(1) The first sentence of section 24302(d).
            ``(2) Section 24305.
            ``(3) Section 24307(b).
            ``(4) Section 24310(b).
            ``(5) Section 24313.
            ``(6) Section 24314.
            ``(7) Section 24315(a)(2).
            ``(8) Chapter 245 except subsections (g) and (h) of section 
        24501.
            ``(9) Section 24702.
            ``(10) Section 24706(c)(6).
            ``(11) Section 24903.
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