[House Report 104-370]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-370
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                   PROVIDING FOR THE CONSIDERATION OF
 
       H.R. 1788, THE AMTRAK REFORM AND PRIVATIZATION ACT OF 1995

                                _______


 November 29, 1995.--Referred to the House Calendar and ordered to be 
                                printed

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   Mr. Quillen, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 284]

    The Committee on Rules, having had under consideration 
House Resolution 284, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               BRIEF SUMMARY OF PROVISIONS OF RESOLUTION

    The resolution provides for the consideration of H.R. 1788, 
the ``Amtrak Reform and Privatization Act of 1995'' under an 
open rule. The rule provides one hour of general debate divided 
equally between the chairman and ranking minority member of the 
Committee on Transportation and Infrastructure.
    The rule waives all points of order against the 
consideration of the bill. The rule makes in order the 
Committee on Transportation and Infrastructure amendment in the 
nature of a substitute now printed in the bill, modified by the 
amendment printed in part 1 of this report as an original bill 
for purpose of amendment. The amendment printed in part 1 of 
this report strikes the tax provision and the accelerated 
outlay provision in section 502 of the bill. The substitute, as 
modified, shall be considered by title, and the first section 
and each title shall be considered as read.
    The rule waives all points of order against the committee 
amendment in the nature of a substitute, as modified.
    The rule provides for the consideration of a manager's 
amendment to be printed in part 2 of this report, which is 
considered as read, not subject to amendment or to a division 
of the question, and is debatable for 10 minutes equally 
divided between the proponent and an opponent. All points of 
order are waived against the amendment. If adopted, the 
amendment is considered as part of the base text for further 
amendment purposes.
    Members who have pre-printed their amendments in the Record 
prior to their consideration will be given priority in 
recognition to offer their amendments if otherwise consistent 
with House rules. Finally, the rule provides for one motion to 
recommit, with or without instructions.

EXPLANATION OF WAIVERS PROVIDED BY THE COMMITTEE ON TRANSPORTATION AND 
                             INFRASTRUCTURE

  H.R. 1788, Amtrak Reform and Privatization Act waivers of points of 
                                 order

    The Parliamentarian has advised that the following waivers 
of points of order are needed for the bill:
    I. Against the bill: Waivers required of sections 302, 308, 
and 311 of the Budget Act; in particular, section 502 of the 
bill is in violation of these sections because it accelerates 
outlays.
    II. Against the amendment in the nature of a substitute 
reported by the committee: In addition to the waivers cited 
above, waivers are required of clauses 5(a) and 5(b) of Rule 
XXI; in particular, section 502 of the substitute contains an 
appropriation and a tax provision.
    The Committee intends to offer amendments to address these 
problems.

                                 PART 1

    The Amendment in the Nature of a Substitute To Be Considered as 
Original Text Pursuant to House Resolution 284 Consists of the Text of 
    the Amendment in the Nature of a Substitute Recommended by the 
Committee on Transportation and Infrastructure Now Printed in the Bill, 
                  Modified by the Following Amendment

    Page 23, line 4, insert ``operating assistance'' after 
``Federal''.
    Page 23, lines 6 through 8, strike ``, and shall not be 
includible in Amtrak's gross income for Federal tax purposes''.
                              ----------                              


                                 PART 2

    The Amendment To Be Offered by the Chairman of the Committee on 
           Transportation and Infrastructure or His Designee

    Page 33, line 14, insert ``, and with respect only to the 
facilities it jointly uses with Amtrak, a commuter authority,'' 
before ``shall not be''.
    Page 33, line 18, insert ``For stations jointly used by 
Amtrak and a commuter authority, this subsection shall not 
affect the allocation of costs between Amtrak and the commuter 
authority relating to accessibility improvements.'' after 
``January 1, 1998.''.
    Page 36, after line 21, insert the following new section:

SEC. 617. MAGNETIC LEVITATION TRACK MATERIALS.

    The Secretary of Transportation shall transfer to the State 
of Florida, pursuant to a grant or cooperative agreement, title 
to aluminum reaction rail, power rail base, and other related 
materials (originally used in connection with the Prototype Air 
Cushion Vehicle Program between 1973 and 1976) located at the 
Transportation Technology Center near Pueblo, Colorado, for use 
by the State of Florida to construct a magnetic levitation 
track in connection with a project or projects being undertaken 
by American Maglev Technology, Inc., to demonstrate magnetic 
levitation technology in the United States. If the materials 
are not used for such construction within 3 years after the 
date of the enactment of this Act, title to such materials 
shall revert to the United States.

                                
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