[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3851 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3851

To provide for the competitive operation of the Northeast rail corridor 
              using State and private sector initiatives.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2005

 Mr. Mica (for himself and Mr. Westmoreland) 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 
              using State and private sector initiatives.

    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 ``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, 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 paragraph (1).
    (b) Interim Operations.--The Secretary of Transportation shall 
ensure the continuation of maintenance and dispatching of service on 
the main line of the Northeast Corridor between the District of 
Columbia and Boston, Massachusetts, until directed service is initiated 
under subsection (c). The Secretary is authorized to use personnel of 
the National Railroad Passenger 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 shall take such 
actions as are necessary to initiate and maintain such directed service 
until the disposition of such operations pursuant to section 3, 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 requirements needed to ensure that the Northeast Corridor can 
be operated in a financially viable manner.
    (b) Determination of Appropriate Disposition.--Not later than 2 
years after the date of the enactment of this Act, the Secretary, after 
considering the prospects 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 Amtrak Reform and 
        Accountability Act of 1997, consisting of the States of the 
        Northeast Corridor.
            (2) Transfer of such operations to a new quasi-governmental 
        corporation or to a private sector corporation.
            (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. FUNDING.

    (a) Retention of Amounts.--The Secretary of Transportation shall 
retain all amounts appropriated by the Federal Government for fiscal 
year 2006 for the National 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 Railroad Passenger 
Corporation shall transfer to the Secretary of Transportation all 
amounts appropriated by the Federal Government for fiscal year 2006 and 
provided to the National Railroad Passenger Corporation, and such 
amounts shall be available to the Secretary for carrying out this Act.

SEC. 5. 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 Railroad Passenger 
Corporation.
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