[Senate Report 105-85]
[From the U.S. Government Publishing Office]
Calendar No. 179
105th Congress Report
SENATE
1st Session 105-85
_______________________________________________________________________
AMTRAK REFORM AND ACCOUNTABILITY ACT OF 1997
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 738
September 24, 1997.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifth congress
first session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington WENDELL H. FORD, Kentucky
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA SNOWE, Maine JOHN F. KERRY, Massachusetts
JOHN ASHCROFT, Missouri JOHN B. BREAUX, Louisiana
BILL FRIST, Tennessee RICHARD H. BRYAN, Nevada
SPENCER ABRAHAM, Michigan BYRON L. DORGAN, North Dakota
SAM BROWNBACK, Kansas RON WYDEN, Oregon
John Raidt, Staff Director
Ivan A. Schlager, Democratic Chief Counsel and Staff Director
Calendar No. 179
105th Congress Report
SENATE
1st Session 105-85
_______________________________________________________________________
AMTRAK REFORM AND ACCOUNTABILITY ACT OF 1997
_________________
September 24, 1997.--Ordered to be printed
_______________________________________________________________________
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 738]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 738) ``A Bill to reform the
statutes relating to Amtrak, to authorize appropriations for
Amtrak, and for other purposes'', having considered the same,
reports favorably thereon with amendments and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The bill, as reported, would authorize appropriations for
Amtrak's general operating and capital expenditures for fiscal
years (FY) 1998, 1999, 2000, 2001, and 2002. The bill directs
Amtrak to operate within the funding levels authorized and to
eliminate its need for federal operating support by the end of
the five-year authorization period. In order to achieve
operating self-sufficiency, the bill is designed to enable
Amtrak to increase efficiencies, reduce costs, and operate as
much like a private business as possible. Specifically, the
bill provides for statutory reforms in the areas of Amtrak
operations, procurement and labor, and permits changes to its
liability.
The bill also would create an Amtrak Reform Council (the
Council) responsible for evaluating Amtrak's performance and
for making recommendations to Amtrak for further cost
containment, productivity improvements, and financial reforms.
The Council would submit an annual report to Congress which
includes an assessment of Amtrak's progress on resolving
productivity issues and recommendations for other improvements
or any necessary legislative changes.
The bill further provides for a trigger mechanism to be
carried forward if, starting two years after the date of
enactment, the Council finds that Amtrak is not meeting its
financial goals. The Council's assessment of Amtrak's failure
at that point would trigger the development of two action
plans. The Council would develop and submit to Congress one
plan to provide for a restructured and rationalized national
passenger rail system. Another plan would be developed by
Amtrak to provide for its complete liquidation. If Congress
does not take legislative action to provide for a restructured
passenger rail system within 90 days from receiving the
Council's recommendations, Amtrak is required by the bill to
implement the liquidation plan.
Background and Needs
Amtrak was created in 1971 by the Rail Passenger Service Act
of 1970. The law established Amtrak in order to relieve the
freight railroad industry from the economic burden of providing
ongoing passenger service and to ensure that modern, efficient
intercity passenger rail service would continue to be a part of
the national transportation system. The freight railroads had
lost approximately one billion dollars in trying to provide
rail passenger service. With capital acquired from
participating railroads and the federal government providing
$40 million in direct grants and another $100 million in loan
guarantees, Amtrak was to become self-sustaining within 2
years.
Since 1971, however, Amtrak has received more than $20
billion in Federal funding to help cover its operating and
capital losses. Yet Amtrak has continued to struggle
financially throughout its history despite these significant
federal funding contributions. In fact, Amtrak's financial
condition has now reached a crisis stage. Amtrak President Tom
Downs testified this year before several House and Senate
Committees that Amtrak could reach bankruptcy by the spring of
1998 if Amtrak is not provided the statutory reforms and
funding requested. The General Accounting Office (GAO) and
other experts warn bankruptcy could occur even sooner.
In an attempt to address its financial problems, Amtrak began
implementing a Strategic Business Plan in 1995. This
restructuring plan, approved by the Amtrak Board of Directors
in December 1994, was designed to increase revenues, reduce
costs, and eliminate the need for federal operating assistance
within 5 years. The restructuring divided passenger service
operations into three units: a Northeast Corridor Business Unit
responsible for operations on the East Coast between Virginia
and Vermont; a West Coast Business Unit, referred to as Amtrak
West, responsible for operations in California, Oregon, and
Washington; and an Intercity Business Unit responsible for the
remainder of the nation's intercity rail passenger service,
including most of the long-distance, cross-country trains. The
1995 plan also included service reductions and eliminations,
reductions in management staff, fare increases and other
changes. Aside from restructuring, the plan assumed the
creation of a dedicated source of revenue for capital and
legislative relief from various statutory operating
restrictions. The plan is periodically amended as necessary by
the Board.
According to the GAO, despite initial financial improvements
in early 1995, the gap between Amtrak's operating deficits and
operating subsidies began to grow again in 1996 and that gap
continuesto widen today. Further, Amtrak's debt level has grown
significantly over recent years as it turned to private banks to
finance equipment purchases and other investments not provided for by
its federal grants. Amtrak is approximately $1 billion in debt and its
debt load is projected to double to over $2 billion by 1999 to cover
the money borrowed to finance high-speed train sets for the Northeast
Corridor, their related maintenance facilities, and new locomotives.
The GAO reports that Amtrak's debt levels could severely limit the use
of federal operating support, shifting it from service operations to
covering its private financial obligations.
The Committee is also concerned that Amtrak's federal capital
grant has become increasingly constrained in recent years. For
example, in FY 1997, only $12 million of the $223 million
capital grant is expected to be available for general capital
needs. The rest will be used for debt payments ($75 million),
equipment overhauls ($110 million), and legally mandated work
($26 million). Further, even if the funding levels authorized
in this bill are appropriated, a substantial cash shortfall is
still projected by Amtrak in the amounts of $66 million (FY
1997); $118 million (FY 1998); $180 million (FY 1999); and $51
million (FY 2000). These shortfall projections do not account
for Amtrak's current billion dollar debt level.
The Committee is very concerned that Amtrak's financial
projections and long-term viability continue to remain heavily
dependent on federal operating and capital funds. In addition,
the Committee is concerned that Amtrak is staking the future of
the national system on the projected financial success of
highspeed rail service in the Northeast Corridor. Amtrak's FY
1998 Legislative Report and Federal Grant Request estimates
profits of $150 million annually from the planned high-speed
rail service on the Northeast Corridor scheduled to begin in
1999. Amtrak reports these profits and other financial
improvements will help offset costs on other money-losing parts
of the system. Such revenue estimates, however, may be
premature. The GAO estimates Amtrak still needs several billion
dollars to bring its Northeast Corridor infrastructure up to a
basic ``state of good repair'' and enable high-speed rail
service to be implemented. The Committee will follow closely
Amtrak's success in meeting its financial targets and will be
particularly interested in whether Amtrak is able to meet its
service initiation time line and revenue goals set for its
high-speed rail operations.
Legislative History
Amtrak's previous authorization expired in fiscal year 1994.
The Senate Commerce Committee held three hearings addressing
Amtrak during the 104th Congress and reported out a
comprehensive reform and reauthorization bill (S. 1318) on July
20, 1995. However, an agreement could not be reached to allow
that legislation to be considered by the full Senate.
The Subcommittee on Surface Transportation and Merchant
Marine held a hearing on Amtrak's financial situation on March
13, 1997. The Committee received testimony from Amtrak, the
Federal Railroad Administration, and the General Accounting
Office about Amtrak's financial challenges, its restructuring
activities to date, and its ability in meeting the Strategic
and Business Plan which Amtrak began implementing in 1995. The
Committee also heard about proposals from the Administration
and Amtrak to secure Amtrak's future, including financial and
statutory reforms, and Amtrak's desire for the establishment of
a dedicated source of capital funding.
Based in part on the testimony provided during the March
hearing, Senator Hutchison introduced S. 738 on May 14, 1997.
The bill, cosponsored by Senators Snowe, Roth, Roberts,
Hutchison, and Chafee, would reauthorize Amtrak for five years
and provide the statutory reforms and funding levels requested
by Amtrak to allow it to operate more like a business.
On June 26, 1997, the Commerce Committee in open executive
session ordered S. 738 reported, by a rollcall vote of 14-4,
with amendments.
Summary of Major Provisions
Specifically, the bill as reported includes the following
major provisions:
1. Operational Reforms. Amtrak would be directed to strive to
operate as a national rail passenger system which provides
access to all areas of the country and ties together existing
and emerging corridors. The prohibition against other companies
from operating intercity passenger service over an Amtrak route
unless Amtrak gives consent would be repealed. Amtrak's
required notification period regarding any proposed
discontinuances of a route would be extended from 90 days to
180 days in order to give states adequate time to share or
assume the cost of retaining a route targeted for
discontinuance. Amtrak would be allowed to contract for
intercity bus service when passengers will move by rail
immediately before or after bus travel. Amtrak and intercity
bus operators would be encouraged to enter into intermodal
arrangements that would increase operating efficiencies and
travel convenience, allowing the coordination of schedules,
routes, rates, and facilities.
2. Contracting Out. Amtrak is prohibited under current law
from contracting out any work, other than for food and beverage
services, if such action would result in the loss of even one
job. As requested by Amtrak, this bill would repeal that
prohibition effective 180 days after enactment and provide for
an accelerated bargaining schedule to allow labor and
management to resolve contracting out issues through a non-
binding arbitration process prior to the ban's repeal.
The Committee strongly believes the repeal of the legal ban
on contracting out is very necessary to help Amtrak operate
more effectively and efficiently. Unnecessary statutory burdens
must be lifted if Congress is serious about addressing Amtrak's
financial crisis and preserving intercity passenger rail
service in the United States. The Committee is unaware of any
similar statutory prohibitions covering private or public
entities. The Committee believes retaining the statutory
impediments would doom Amtrak's efforts to achieve long-term
viability and to reduce its reliance on Federal assistance. The
Administration also noted this necessity in its Amtrak
reauthorization proposal submission of the 104th Congress which
included provisions allowing Amtrak management and laborto
negotiate agreements permitting greater flexibility in contracting out
work.
3. Labor Reforms. Current law mandates employee protective
arrangements which provide up to six years of severance pay to
Amtrak rail workers affected by route discontinuances. The
Committee bill repeals this statutory requirement as requested
by Amtrak and supported by the Administration during the 104th
Congress. The Committee bill replaces the mandatory six year
severance pay with a requirement that Amtrak negotiate
severance pay issues with its rail workers. The bill requires
accelerated bargaining procedures within a 180- day time frame.
4. Liability Reforms. Amtrak has testified four times before
the Senate Commerce Committee during the 104th and 105th
Congress to report on its plans to improve its financial
performance and achieve long-term viability. Amtrak's testimony
has consistently discussed the need for statutorily imposed
liability limits in order for Amtrak to achieve operating self-
sufficiency. S. 738 would permit Amtrak to enter into
``contracts'' with its passengers through ticket purchases to
limit claims related to rail passenger transportation to no
less than the limits established by the Committee-passed
product liability reform legislation (i.e., punitive damages,
where permitted, equal to 2 times compensatory damages or
$250,000 whichever is greater).
Further, this bill clarifies that indemnification agreements
related to the provision of rail passenger service entered into
by Amtrak and other parties would be enforceable. The Committee
has been requested by Amtrak to include this provision in order
to aid Amtrak in achieving operating self-sufficiency. Amtrak
and the freight railroads believe legislation is necessary to
confirm enforceability of the indemnification agreements they
have entered into regarding operation over each others' rail
lines, notwithstanding allegations of gross negligence by a
freight railroad or Amtrak. As long as there is the possibility
that state laws governing indemnification contracts may make
these contracts unenforceable, Amtrak and a freight railroad
may find themselves litigating with each other. Amtrak believes
that such litigation inevitably would not only adversely impact
business relationships between Amtrak and the host freight
railroads, but it would also lead to significantly higher
outlays in settlements and judgments to plaintiffs.
5. Independent Assessment. While Amtrak's financial plan is
currently reviewed annually by its Board, questions remain on
the accuracy of Amtrak's accounting methodology. The bill would
require an independent assessment of Amtrak's financial
requirements through FY 2002, similar to the audit required in
the Federal Aviation Reauthorization Act of 1996. The Inspector
General of the Department of Transportation would be directed
to oversee the independent assessment to be completed within
180 days after enactment of this bill. The Committee expects
the audit to cover Amtrak's cost allocation process and
procedures, expenses related to intercity service, commuter
service and any other service provided by Amtrak; Amtrak's
Strategic Business Plan, including projected expenses, capital
needs, ridership and revenue forecasts; and, Amtrak's debt
obligations.
In addition, the Committee believes an independent analysis
of Amtrak's investment in the Northeast Corridor is warranted.
The Committee has heard numerous concerns raised over Amtrak's
financial commitment to the Corridor and how that targeted
investment has restricted funding for the rest of the system.
Therefore, the Committee believes a comparison between
Northeast Corridor investment to date, the investment
projections assumed in Amtrak's Business Plan, and the rest of
the system is necessary. Finally, given that some have
advocated privatizing Amtrak, including the Working Group on
Intercity Passenger Rail established by the House Committee on
Transportation and Infrastructure, the Committee believes an
independent review of financial and other asset-related data
concerning the value of the Northeast Corridor is warranted.
6. Amtrak Reform Council. The bill would establish a 9-member
Amtrak Reform Council to monitor Amtrak's progress in meeting
its financial goals. The Council would be directed to evaluate
Amtrak's performance and make recommendations to Amtrak for
further cost containment, productivity improvements, and
financial reforms. The Council would submit an annual report to
Congress which includes an assessment of Amtrak's progress on
resolving productivity issues and recommendations for other
improvements or any necessary legislative changes. The
Committee expects Amtrak to give the Council's recommendations
careful consideration.
7. Sunset Trigger. The bill establishes a mechanism to be
implemented if at any time following two years after the date
of enactment, the Council finds that Amtrak is not meeting its
financial goals. In the event such a finding is made by the
Council, it would be directed to develop and submit within 90
days to Congress an action plan for a restructured and
rationalized intercity rail passenger system. Within that same
time period, Amtrak would be directed to prepare a plan for its
complete liquidation. The liquidation plan would be reviewed by
the GAO and the Inspector General of the Department of
Transportation for accuracy and reasonableness in order to
ensure to the greatest extent practicable that the government's
significant investment in Amtrak is protected. If the Congress
does not approve legislation to provide for a restructured
passenger rail system within 90 days after receiving the
Council's recommendations, Amtrak would be required to
implement the liquidation plan, taking into account the
comments of the GAO and the Inspector General.
The Committee wants to clarify that if the Council makes a
determination that Amtrak is failing, the bill does not require
the Council's proposed restructuring plan to be approved
without the opportunity to amend or change the plan. In fact,
the Committee fully expects consideration of alternative
approaches for addressing the future of the nation's passenger
rail system. Further, the Committee is aware that any plan
providing for a restructured intercity rail passenger service
would need to take into account the contractual relationships
between the freight railroads and Amtrak. This bill has no
direct effect on existing law as it pertains to access to the
tracks of freight railroads by entities other than Amtrak.
Therefore, should restructuring legislation be implemented in
the future, this issue would need to be fully addressed.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 22, 1997.
Hon. John McCain,
Chairman, Committee on Commerce, Science and Transportation,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 738, the Amtrak
Reform and Accountability Act of 1997.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Clare
Doherty (for federal costs), Karen McVey (for the state and
local impact), and Jean Wooster (for the private-sector
impact).
Sincerely,
June E. O'Neill, Director.
Enclosure.
S. 738--Amtrak Reform and Accountability Act of 1997
Summary: S. 738 would authorize appropriations totaling
$5.2 billion for Amtrak over the 1998-2002 period. The
legislation also would establish budgetary goals for Amtrak,
create the Amtrak Reform Council, and provide for operational,
procurement, employee protection, and liability reforms.
Enacting S. 738 would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply
to the bill. S. 738 contains two intergovernmental mandates as
defined in the Unfunded Mandates Reform Act of 1995 (UMRA). CBO
estimates that the costs imposed by these mandates would total
less than $5 million over the next five years--well below the
annual threshold established in UMRA. The bill would impose
four new private-sector mandates on Amtrak, but CBO estimates
that the direct costs of those mandates would be negligible.
Estimated cost to the Federal Government: For purposes of
this estimate, CBO assumes that the entire amounts authorized
in the bill would be appropriated before the start of each
fiscal year. Based on information from the Federal Railroad
Administration (FRA), CBO estimates that expenses associated
with the Amtrak Reform Council would be less than $500,000 a
year. The expenses of the council would be subject to the
availability of appropriated funds. CBO expects that other
provisions of the bill would not have any significant budgetary
effects. The estimated budgetary impact of S. 738 is shown in
the following table.
[By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1997 1998 1999 2000 2001 2002
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Amtrak spending under current law:
Budget authority \1\...................... 843 0 0 0 0 0
Estimated outlays......................... 886 364 117 25 0 0
Proposed changes:
Authorization level....................... 0 1,138 1,058 1,023 989 955
Estimated outlays......................... 0 687 1,049 1,014 979 945
Amtrak spending under S. 738:
Authorization level \1\................... 843 1,138 1,058 1,023 989 955
Estimated outlays......................... 886 1,051 1,166 1,039 979 945
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 level is the amount appropriated for that year.
The costs of this legislation fall within budget function
400 (transportation).
Basis of estimate: This estimate is based on the yearly
authorization levels specified by the bill. For purposes of
this estimate, CBO assumes that the authorized funds would be
divided between two different appropriated accounts: Amtrak
capital expenses and Amtrak operating expenses (which include
mandatory payments for retirement costs). Based on estimated
funding requirements provided by FRA, CBO assumes that between
65 percent and 85 percent of the authorized annual amounts
would be allocated to capital expenses, with the remainder
going to operating expenses. (The percentage going to operating
expenses would decline gradually over the five-year period,
tough the mandatory retirement payments would remain constant
at about $140 million a year.) According to Amtrak, some of the
amounts allocated for capital expenses would be used for the
Northeast Corridor program.
Outlay estimates are based on historical spending rates for
Amtrak. If the allocation of funding between capital and
operating accounts is different from the above assumptions, the
outlay estimates would change accordingly. CBO estimates that
outlays for operating expenses would equal obligations for each
year, while capital expenditures would occur at a rate of 40
percent in the year of obligation and 60 percent in the
following year.
Pay-as-you-go considerations: None.
Estimated impact on State, local, and tribal governments:
Mandates--S. 738 would exempt Amtrak from the property tax
levied on it by the town of Beech Grove, Indiana. It would also
exempt Amtrak's passengers and other customers from most state
and local taxes, fees, and charges. Such preemptions of state
and local taxing authority would constitute intergovernmental
mandates under UMRA. Based on information from Amtrak and other
tax and transportation experts, CBO estimates that the costs
imposed by these mandates would total less than $5 million over
the next five years.
Amtrak currently pays approximately $1 million per year in
local property taxes on a maintenance facility located in Beech
Grove, Indiana. The bill would phase in an exemption from this
tax over the next three years. CBO estimates that the total
cost to Beech Grove in lost tax revenue over the next five
years would be less than $5 million.
The bill would also exempt passengers and other customers
of Amtrak and its subsidiaries from most state and local taxes,
fees, or charges. Current law exempts only Amtrak and its
subsidiaries. The bill would allow sales taxes on intrastate
travel in effect on the date of the bill's enactment to remain
in place. The provision would also prohibit new state or local
taxes of any kind on Amtrak services. While a 1995 Supreme
Court ruling could be used to justify the imposition of state
taxes on Amtrak's interstate passenger tickets and possibly on
its interstate mail or freight transportation services, no
state has attempted to do so. Nonetheless, this bill would
foreclose a potential future source of state and local
revenues. In fiscal year 1996, Amtrak collected about $840
million from ticket sales and about $61 million from mail and
express services.
Other Impacts--S. 738 contains a number of other provisions
that, while not mandates, could affect the budgets of state and
local governments. CBO estimates that, on the whole, these
provisions would benefit state and local governments.
The bill contains a provision that would help assure the
enforceability of certain contracts between operators of rail
passenger services--some of which are state and local
governments--and owners of rights-of-way and other facilities.
The need for this provision arises because of concern about
liability in the case of an accident. This concern is the
result of a court decision that required Conrail to pay
substantial damages for a collision between an Amtrak train and
a Conrail train, despite the existence of a contract limiting
Conrail's liability. Without enactment of this provision, it is
possible that owners of rail rights-of-way, such as Conrail,
would press rail passenger operators, including state and local
commuter rail authorities, for higher compensation to cover
this increased risk when current operating agreements come up
for renegotiation. CBO cannot estimate how much more commuter
authorities might have to pay for the use of freight rail
tracks in the absence of this legislation.
The bill would also grant states access to Amtrak's
records, accounts, and other documents used to determine the
amount of any payment to Amtrak required of the state. While
many of these documents are currently available to the public,
the process of obtaining them is time-consuming and cumbersome.
In addition, the bill would direct Amtrak to engage in efforts
with local schools to educate students as to the benefits and
importance of rail travel and rail safety.
The bill would make it easier for Amtrak to discontinue
routes by repealing some route requirements and eliminating
Congressional review of changes to Amtrak's route and service
criteria. However, a related provision would allow states to
enter into interstate compacts to retain existing intercity
passenger rail services or create new services. These compacts
could finance their activities by issuing notes or bonds. This
change would make it easier for states to provide any services
discontinued by Amtrak. As a further benefit to states, the
bill would add intercity passenger rail to the lists of
projects eligible for federal surface transportation,
congestion mitigation and air quality, and National Highway
System funds.
State and local governments could face higher costs if they
decided to pay for the provision of any services that Amtrak
discontinued. However, CBO has no information as to which
routes, if any, Amtrak would discontinue if these changes were
to become law. Indeed, some industry experts argue that the net
effect of the bill would be to increase Amtrak's overall
efficiency and, thus, the likelihood that it would be able to
maintain its existing services.
Estimated impact on the private sector: S. 738 would impose
four new private-sector mandates on Amtrak. CBO estimates that
the direct costs of those mandates would be negligible and thus
would not exceed the statutory threshold specified in UMRA.
Amtrak was incorporated as a private company under the laws
of the District of Columbia by the Rail Passenger Service Act
of 1970. Under current budgetary treatment Amtrak is not
considered a federal entity, although the U.S. Department of
Transportation holds almost all of its stock.
Section 101 would increase from 90 days to 180 days the
notice that Amtrak must provide when it plans to discontinue
service. This change would provide a state, regional or local
authority, or another person additional time to consider
assuming or sharing the cost of the discontinued service. Under
current law and practice, Amtrak can stop service under a
provision that does not require a 90-day notice but requires
only a notice ``as soon as possible.'' According to Amtrak
officials, Amtrak has used that provision in all but one case
over the last decade. Amtrak currently provides the state,
regional, and local authorities with as much time as possible,
sometimes exceeding 90 days, before discontinuing service.
Amtrak intends to continue using that practice. Thus, it is
unlikely that Amtrak would incur any additional costs from the
mandate to extend the period of notification to 180 days.
Section 204 would require that Amtrak develop an action
plan for its complete liquidation and would specify certain
conditions under which Amtrak would have to carry out that
plan. Amtrak would have to submit a plan within 90 days after
the Amtrak Reform Council finds that Amtrak would either be
unable to meet its financial goals due to its business
performance or would require a grant for operating costs five
years after the enactment date of S. 738. According to Amtrak,
the costs to develop a liquidation plan would be negligible.
Section 412 would require that Amtrak notify the Senate
Committee on Commerce, Science, and Transportation and the
House Committee on Transportation and Infrastructure whenever
it enters into a consulting or lobbying contract or
arrangement. Amtrak would have to provide the name of the
individual or firm, the purpose, and the amount and nature of
Amtrak's financial obligations under the contract. CBO
estimates that the costs of such notifications would be
negligible.
Section 414 would require that Amtrak participate in
educational efforts with elementary and secondary schools to
inform students on the advantages of rail travel and the need
for rail safety. This section does not include any specific
goals or requirements. Amtrak currently participates in a
school program that promotes grade crossing safety. Amtrak
estimates that any further participation in educational
programs would result in minimal additional costs.
Estimate prepared by: Federal costs: Clare Doherty; Impact
on State, local, and tribal governments: Karen McVey; Impact on
the private sector: Jean Wooster.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation:
number of persons covered
The bill as reported would authorize appropriations for
Amtrak operating expenses and capital expenditures for fiscal
years 1998 through 2002. As this legislation is intended to
enable Amtrak to continue to operate as a national rail
passenger system serving all areas of the country, the number
of persons covered should be consistent with current levels.
Section 121 of the bill as reported would remove the
statutory prohibition against Amtrak contracting out for
certain work now done by Amtrak employees. Amtrak and its
employees would negotiate rules stating under what conditions,
if any, Amtrak may contract out for such work. In any event,
the number of persons required to provide Amtrak services,
whether directly employed or under contract, is likely to be
similar.
economic impact
Title III of the bill as reported authorizes overall
appropriations at levels over the total funding previously
authorized for Amtrak. This increased funding level is provided
for investments in the system's capital infrastructure. The
bill provides for reduced levels of operating assistance
annually and assumes no federal operating assistance at the end
of the authorization period.
privacy
The bill as reported would have no adverse impact on the
personal privacy of individuals affected.
paperwork
Paperwork requirements associated with the bill as reported
are minimal. The most notable new requirement is created by
Title II, which directs the Amtrak Reform Council to no less
than annually assess and report to Congress on progress made by
Amtrak in meeting its financial goals. In addition, Title IV
includes a provision directing the Inspector General of the
Department of Transportation to prepare, to the extent
practicable, financial assessments on Amtrak's fiscal needs in
each year Amtrak requests federal assistance. The first report
would not be required until one year after enactment as the
independent assessment authorized in this bill is expected to
provide the Congress with the first assessment as a base-line.
Section-by-Section Analysis
Section 1. Short title; table of sections
This section states the short title of the bill, the Amtrak
Reform and Accountability Act of 1997, and contains a table of
sections for the bill.
Section 2. Findings
This section includes 11 findings relating to the role of
intercity rail passenger service in the overall national
transportation system; the urgent need for immediate action to
improve Amtrak's financial condition and eliminate its
dependency on federal operating assistance; the necessity of
all of Amtrak's stakeholders to participate in efforts to
reduce Amtrak's costs and increase its revenues; the importance
of improving Amtrak's service quality and the sound investment
of federal and state resources; the importance of implementing
new operating strategies without compromising transportation
safety; the need for Amtrak and its employees to modify
collective bargaining agreements to make more efficient use of
manpower; the need for Amtrak to work cooperatively with
intercity bus service providers to produce efficient
transportation service; and the recommendation that a dedicated
source of capital funding be established for Amtrak to ensure
that Amtrak will be able to fulfill the goals of maintaining a
national rail passenger system without Federal operating
assistance.
TITLE I--REFORMS
Subtitle A--Operational Reforms
Section 101. Basic system
Subsection (a) adds statutory language directing Amtrak to
strive to operate as a national rail passenger system which
provides access to all areas of the country and ties together
existing and emerging corridors. Repeals the prohibition on
other entities from operating intercity passenger service over
an Amtrak route unless Amtrak gives consent.
Subsection (b) repeals obsolete provisions.
Subsection (c) extends from 90 days to 180 days the
notification period required of Amtrak regarding any proposed
discontinuances of a route in order to give states adequate
time to share or assume the cost of retaining the route.
Subsection (d) repeals obsolete rate evaluation criteria.
Subsection (e) repeals the obligation of Amtrak to operate
what were formerly known as ``Section 403(d)'' trains, which
were commuter operations dating back to 1981.
Subsection (f) makes a conforming technical amendment.
Section 102. Mail, express, and auto ferry transportation
This section repeals Amtrak's monopoly over auto-plus-
passenger service.
Section 103. Route and service criteria
This section repeals the mandate that Congress approve
changes in the criteria that Amtrak uses to evaluate routes and
services.
Section 104. Additional qualifying routes
This section repeals obsolete mandates on proposed route
changes dating back to 1978.
Section 105. Transportation requested by States, authorities, and other
persons
This section provides technical clarification that assistance
provided under state-supported matching programs may be
provided for separately, or in combination, with private
assistance.
Section 106. Amtrak Commuter
This section repeals a never-used chapter authorizing an
``Amtrak Commuter'' subsidiary.
Section 107. Through service in conjunction with intercity bus
operations
This section encourages Amtrak and intercity bus operators to
enter into arrangements to increase operating efficiencies and
travel convenience by allowing Amtrak and intercity bus
operations to coordinate schedules, routes, rates, and
facilities.
Section 108. Rail and motor carrier passenger service
This section encourages Amtrak and intercity bus operators to
enter into intermodal arrangements that will increase operating
efficiencies and travel convenience.
Section 109. Passenger choice
This section allows employees of the Federal Government to
travel on Amtrak for official business as long as the travel
costs are competitive on a trip or time basis.
Section 110. Application of certain laws
This section removes Amtrak from Freedom of Information Act
(FOIA) requirements when it no longer receives federal
assistance. It further provides Amtrak protection from FOIA
disclosure in relation to contract procurement proposals
submitted to Amtrak. Amtrak has informed the Committee these
requests typically come from firms competing against each other
for Amtrak-related procurement contracts. The information which
Amtrak must provide under FOIA can give parties a competitive
edge over other entities vying for the same contract award.
Legislation enacted during the 104th Congress protects Federal
agencies from FOIA concerning procurement-related disclosure
requirements.
Subtitle B--Procurement
Section 121. Contracting out
This section repeals the ban on contracting out 180 days
after enactment. Section 121 would have no impact on
contracting out food services or contracting out work that does
not result in layoffs because both types of outside contracting
are already permitted under law. Section 121 establishes a
framework that requires Amtrak and its labor organizations to
begin negotiations on contracting out work. The negotiations
would be conducted under National Mediation Board procedures
and within specific time frames. In the event the negotiations
and National Mediation Board efforts fail to resolve
contracting out issues, the section allows both labor and
management to employ options provided for under the Railway
Labor Act (strikes and/or lockouts). This provision would have
no precedent for freight railroads.
Subtitle C--Employee Protection Reforms
Section 141. Railway Labor Act procedures
This section repeals the statutory employee protection
arrangements and severance benefits which are applicable to
employees of Amtrak who are affected by route discontinuances
or service reductions. In lieu of the statutory protections,
this section establishes an accelerated collective bargaining
procedure to determine future severance benefits. The
negotiations would be conducted under National Mediation Board
procedures and within specific time periods to ensure that
outstanding employee protective arrangements and severance
benefits are resolved.
Section 142. Service discontinuance
This section rescinds contracts entered into before the date
of the enactment of this bill between Amtrak and labor
organizations representing Amtrak employees relating to
employee protective arrangements and severance benefits
applicable to Amtrak employees. This section also repeals
Appendix C-2 to the National Railroad Passenger Corporation
Agreement that was signed in 1973. The 1973 agreement requires
Amtrak to pay up to six years of pay for any employee laid off
because of a service discontinuance. This section would take
effect 180 days after the date of enactment.
Subtitle D--Use of Railroad Facilities
Section 161. Liability limitation
Subsection (a) of section 161 permits Amtrak to limit its
exposure to punitive damages, where permitted, if passengers
are provided adequate notice of such contractual limitations.
The section authorizes Amtrak to establish contracts with its
passengers to limit claims relating to rail passenger
transportation to no less than the limits established in
product liability reform legislation reported by the Committee
earlier this session (i.e. punitive damages, where permitted,
equal to 2 times compensatory damages or $250,000, whichever is
greater). Subsection (a) has no impact on economic damage
claims, which include lost wages, medical expenses and other
out-of-pocket costs. Subsection (a) also has no impact on non-
economic compensatory damage claims.
Subsection (b) of section 161 clarifies that rail passenger
service indemnification agreements entered into by Amtrak and
other parties are enforceable. Amtrak and the freight railroads
believe legislation is necessary to confirm the enforceability
of indemnification agreements. The indemnification agreements
allocate the cost of liability among the agreement parties. As
long as there is the possibility that state laws can nullify
the indemnification contracts, Amtrak and a freight railroad
could find themselves litigating against each other or
concerning their obligations to injured third parties. Amtrak
believes that such litigation inevitably would not only
adversely impact its business relationship with its host
freight railroads, but it would also lead to significantly
higher outlays in settlements and judgments to litigants.
Section 162. Retention of facilities
This section updates an existing provision that prevents
railroads from disposing of facilities of use to Amtrak without
the prior agreement of the Secretary of Transportation.
TITLE II--FISCAL ACCOUNTABILITY
Section 201. Amtrak financial goals
This section directs Amtrak to prepare a financial plan to
operate within the funding levels authorized, setting budgetary
goals for fiscal years 1998 through 2002. After FY2002, Amtrak
will no longer receive federal operating assistance.
Section 202. Independent assessment
This section instructs the Secretary of Transportation to
contract with an entity, independent of Amtrak and the
Department, to conduct a complete independent assessment of
Amtrak's financial requirements through fiscal year 2002. The
Inspector General of the Department of Transportation would be
directed to approve the contract award to an accounting firm
knowledgeable in rail accounting requirements. The Inspector
General would oversee the contract and the entity's statement
of work. Within 180 days after the contract is awarded, the
audit results are to be submitted to the Secretary, the Senate
Committee on Commerce, Science, and Transportation and the
House Committee on Transportation and Infrastructure.
The Committee directs the independent auditors to consider
all relevant factors, including Amtrak's cost allocation
process and procedures; Amtrak's expenses related to intercity
service, commuter service and any other service; Amtrak's
Strategic Business Plan, including projected expenses, capital
needs, ridership, and revenue forecasts; and Amtrak's assets
and liabilities. The Committee expects the audit to compare the
capital costs to date associated with the Northeast Corridor,
and projections for future capital investment needs, to those
projected for the rest of the system in Amtrak's long-range
business plan.
Section 203. Amtrak Reform Council
This section creates a 9-member Council to be appointed
within 30 days after enactment. The President would appoint
three members, including the Secretary of Transportation, a
representative of a rail labor union, and a representative of
rail management. Two members would be appointed by the Senate
Majority Leader; one member would be appointed by Senate
Minority Leader; two members would be appointed by the House
Speaker; and one member would be appointed by the House
Minority Leader.
This section also precludes individuals appointed by the
House and Senate from being employees of the United States or
Amtrak, or representatives of rail labor or rail management.
This section also requires the Council collectively to have
members with technical qualifications, professional standing,
and demonstrated expertise in the fields of corporate
management, finance, rail or other transportation operations,
labor, economic, and legal issues, and other relevant areas.
Members shall serve 5-year terms on the Council. The Council
would elect a Chairman and all actions are to be by majority
rule. Meetings would be open to the public, except when
discussing proprietary information. Any administrative support
needed for the Council is to be provided by the Department of
Transportation.
This section directs the Council to evaluate Amtrak's
performance and make recommendations to Amtrak for cost
containment, productivity improvements, and financial reforms.
The Council is to consider Amtrak's operation as a national
system, appropriate methods for adoption of uniform cost and
accounting procedures throughout the Amtrak system, and
management efficiencies and revenue enhancements. The Council
is further directed to submit an annual report to Congress
which includes an assessment of Amtrak's progress on resolving
productivity issues and makes recommendations for improvements
or necessary legislative changes.
Section 204. Sunset trigger
The bill establishes a mechanism to be implemented if at any
time following two years after the date of enactment, the
Council finds that Amtrak is not meeting its financial goals or
finds that Amtrak will require federal operating assistance
after the fifth anniversary of enactment of this Act, the
Council is to immediately notify the President, the Senate
Committee on Commerce, Science, and Transportation and the
House Transportation and Infrastructure Committee. In making
such a determination, the Committee intends the Council to take
into account Amtrak's performance, the findings of the
independent audit performed pursuant to Sec. 202, Acts of God,
national emergencies, and other events beyond the reasonable
control of Amtrak.
Within 90 days after such a determination is made, the
Council is directed to develop and submit to Congress an action
plan for a restructured and rationalized intercity rail
passenger system. Within that same time period, Amtrak is
directed to prepare a plan for its complete liquidation.
The Committee expects the Congress would consider legislation
to address the fact that Amtrak is unable to operate in a
financially viable manner and the bill provides a 90-day period
for Congress to provide for a restructured passenger rail
system. If the Congress does not take such action, Amtrak is
required to begin implementing Amtrak's liquidation plan.
Should this occur, the Committee believes that the liquidation
plan must be carried out in a manner to protect the taxpayers'
investment to the greatest extent possible and fully expects
the comments of the DOT-Inspector General and the GAO to be
followed closely during the liquidation process.
Section 205. Access to records and accounts
This section permits each State to have access to Amtrak
records and accounts to verify payments owed to Amtrak by the
State.
Section 206. Officers' pay
This section clarifies that statutory guidelines on pay of
Amtrak officers only apply as long as Amtrak receives federal
assistance.
Section 207. Exemption from taxes
The section prohibits states from imposing sales taxes on
Amtrak tickets or passengers, except where States now impose
such taxes on intrastate travel. Further, this section phases
out over 3 yearsa provision in effect since 1981 allowing Beech
Grove, Indiana, to tax Amtrak property.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
Section 301. Authorization of appropriations
This section authorizes Amtrak funding for five years as
follows: $1,138,000,000 for FY 1998, $1,058,000,000 for FY
1999, $1,023,000,000 for FY 2000, $989,000,000 for FY 2001, and
$955,000,000 for FY 2002. These levels assume the equivalent of
\1/2\ cent per gallon of motor fuels taxes for capital
expenditures, as well as funds for operating and excess
railroad retirement payments. These levels are the funding
levels requested by Amtrak in its FY1998 Legislative Report and
Federal Grant Request.
TITLE IV--MISCELLANEOUS
Section 401. Status and applicable laws
This section provides technical corrections only.
Section 402. Waste disposal
This section postpones the deadline for Amtrak waste disposal
retrofitting requirements from 1996 to 2001.
Section 403. Assistance for upgrading facilities
This section repeals an obsolete provision.
Section 404. Demonstration of new technology
This section repeals a demonstration requirement that was
completed in 1993.
Section 405. Program master plan for Boston-New York main line
This section repeals specific planning requirements that were
to have been completed in 1993.
Section 406. Americans with Disabilities Act of 1990 (ADA)
This section extends the deadline for ADA compliance with
respect to existing equipment and facilities until January 1,
1998.
Section 407. Definitions
This section makes technical and conforming changes in
definitions and also repeals definitions which are no longer
required.
Section 408. Northeast Corridor cost dispute
This section repeals an obsolete provision. The repeal of
this provision is not intended to affect the process currently
employed, or the basis currently used by Amtrak and local
commuter rail agencies, in negotiating cost sharing agreements
for the operation of service on the Northeast Corridor.
Section 409. Inspector General Act of 1978 amendment
This section provides that Amtrak will not be considered a
federal entity for purposes of the Inspector General Act of
1978 when it no longer receives federal assistance. It also
directs the DOT Inspector General to review Amtrak's operations
and conduct an assessment similar to that provided under Sec.
202(a) during any year Amtrak requests federal assistance.
Section 410. Interstate rail compacts
The section permits states to enter into interstate rail
compacts to promote rail passenger service, including
activities related to thefinancing of such service. It also
allows states, if they choose, to spend a portion of their highway
funding allocation on intercity rail as well as intermodal facilities
such as bus terminals, including those owned by private entities.
Section 411. Composition of Amtrak board of directors
This section alters the composition of the Amtrak Board of
Directors to reflect other changes in the bill. Specifically,
this section would add a representative of a municipality, such
as a Mayor, to the Amtrak Board. This section also permits the
existing labor representative Board slot to be selected from
any rail labor organization. This section would reduce the
level of representation from commuter rail authorities from two
to one. It also repeals appointments made by the preferred
stock holder, which is the Secretary of Transportation. Those
two membership positions would be replaced by Presidential
appointments of a representative of the general public and an
individual with financial and accounting expertise.
Section 412. Educational participation
This section directs Amtrak to make efforts to teach the
Nation's school children about the advantages of careers in
transportation and the advantages of rail transportation.
Section 413. Report to Congress on Amtrak bankruptcy
The Committee is extremely concerned about the long-range
implications of a potential Amtrak bankruptcy and believes a
comprehensive analysis on this topic is necessary to assist the
Congress and the Administration in fully understanding the far-
reaching effects of an Amtrak bankruptcy. The bill directs the
Comptroller General to immediately conduct an analysis on this
potential situation and submit a report to the Senate Committee
on Commerce, Science, and Transportation and the House
Committee on Transportation and Infrastructure. The Committee
is interested in receiving an overview of the financial issues
and implications associated with an Amtrak liquidation,
including an analysis of the implications of such a liquidation
on the federal government, Amtrak's creditors, and the railroad
retirement system.
Section 414. Amtrak to notify Congress of lobbying relationships
The Committee is aware Amtrak has paid millions of dollars
over the years to hire outside contractors and consultants for
various services. For example, in FY 1994, consulting and
contract expenses (including legal services, engineering
analysis, and ridership analysis) totaled $29.3 million, more
than 25 percent of Amtrak's general and administrative budget.
In FY 1995, that figure grew to $37.4 million.
The Committee believes contracting for certain services is a
fiscally responsible action by Amtrak. However, the Committee
is concerned that some outside services funded by federal
dollars may be inappropriate, such as the use of taxpayer funds
to pay registered lobbyists to advise Amtrak on how to lobby
Congress or to pay for others to lobby before state
legislatures on Amtrak's behalf. In fact, federal agencies are
prohibited from using taxpayer dollars to lobby Congress.
Because the extent to which Amtrak has entered into such
agreements is somewhat unclear, this section directs Amtrak to
notify the Senate Committee on Commerce Science, and
Transportation and the House Transportation and Infrastructure
Committee whenever it enters into a contract for consulting or
lobbying, with a lobbying firm, or an individual affiliated
with a lobbying firm, as defined in the Lobbying Disclosure Act
of 1995. Amtrak would identify the costs associated with these
services and a listing of the entities or persons hired by
Amtrak as long as federal assistance is provided to Amtrak.
Rollcall Votes in Committee
In accordance with paragraph 7(c) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following description of the record votes during its
consideration of S. 738:
Senator Hutchison offered an amendment to make minor and
technical corrections in the introduced bill. By rollcall vote
of 14 yeas and 4 nays as follows, the amendment was adopted:
YEAS--14- NAYS--4
Mr. Burns- Mr. Hollings-
Mr. Lott- Mr. Kerry \1\
Mrs. Hutchison Mr. Bryan \1\
Ms. Snowe- Mr. Dorgan
Mr. Ashcroft \1\
Mr. Frist \1\
Mr. Abraham
Mr. Brownback
Mr. Inouye
Mr. Ford
Mr. Rockefeller
Mr. Breaux
Mr. Wyden
Mr. McCain
\1\ By proxy
Senator Ford offered an amendment to strike section 161(b)
relating to indemnification obligations. By rollcall vote of 9
yeas and 9 nays as follows, with Mr. McCain voting present, the
amendment was defeated:
YEAS--9-- NAYS--9
Mr. Hollings Mr. Burns \1\
Mr. Inouye \1\- Mr. Gorton \1\
Mr. Ford-- Mr. Lott \1\
Mr. Rockefeller \1\- Mrs. Hutchison
Mr. Kerry-- Ms. Snowe
Mr. Breaux \1\- Mr. Ashcroft
Mr. Bryan \1\- Mr. Frist \1\
Mr. Dorgan \1\- Mr. Abraham
Mr. Wyden \1\- Mr. Brownback
\1\ By proxy
Senator Ford offered an amendment to strike section 161(a)
relating to liability and punitive damages. By rollcall vote of
9 yeas and 10 nays as follows, the amendment was defeated:
YEAS--9-- NAYS--10
Mr. Hollings Mr. Burns
Mr. Inouye-- Mr. Gorton \1\
Mr. Ford-- Mr. Lott \1\
Mr. Rockefeller \1\- Mrs. Hutchison
Mr. Kerry-- Ms. Snowe \1\
Mr. Breaux \1\- Mr. Ashcroft
Mr. Bryan \1\- Mr. Frist \1\
Mr. Dorgan \1\- Mr. Abraham
Mr. Wyden- Mr. Brownback---
Mr. McCain
\1\ By proxy
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman): \1\
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\1\ Changes in existing law are shown as that law is reflected in
the United States Code, whether or not the title of the Code in which
the law is reflected has been enacted into positive law.
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TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
--Appendix
Inspector General Act of 1978
Sec. 8G. Requirements for Federal entities and designated Federal
entities
(a) Notwithstanding section 11 of this Act, as used in this
section--
(1) the term ``Federal entity'' means any Government
corporation (within the meaning of section 103(1) of
title 5, United States Code), any Government controlled
corporation (within the meaning of section 103(2) of
such title), or any other entity in the Executive
branch of the Government, or any independent regulatory
agency, but does not include--
(A) an establishment (as defined under
section 11(2) of this Act) or part of an
establishment;
(B) a designated Federal entity (as defined
under paragraph (2) of this subsection) or part
of a designated Federal entity;
(C) the Executive Office of the President;
(D) the Central Intelligence Agency;
(E) the General Accounting Office; or
(F) any entity in the judicial or legislative
branches of the Government, including the
Administrative Office of the United States
Courts and the Architect of the Capitol and any
activities under the direction of the Architect
of the Capitol;
(2) the term ``designated Federal entity'' means
[Amtrak,] the Appalachian Regional Commission, the
Board of Governors of the Federal Reserve System, the
Board for International Broadcasting, the Commodity
Futures Trading Commission, the Consumer Product Safety
Commission, the Corporation for Public Broadcasting,
the Equal Employment Opportunity Commission, the Farm
Credit Administration, the Federal Communications
Commission, the Federal Deposit Insurance Corporation,
the Federal Election Commission, the Federal Housing
Finance Board, the Federal Labor Relations Authority,
the Federal Maritime Commission, the Federal Trade
Commission, the Interstate Commerce Commission, the
Legal Services Corporation, the National Archives and
Records Administration, the National Credit Union
Administration, the National Endowment for the Arts,
the National Endowment for the Humanities, the National
Labor Relations Board, the National Science Foundation,
the Panama Canal Commission, the Peace Corps, the
Pension Benefit Guaranty Corporation, the Securities
and Exchange Commission, the Smithsonian Institution,
the Tennessee Valley Authority, the United States
International Trade Commission, and the United States
Postal Service;
* * * * * * *
TITLE 23--HIGHWAYS
Chapter 1. Federal-Aid Highways
Sec. 103. Federal-aid systems
(a) In general.--For purposes of this title, the Federal-aid
systems are the Interstate System and the National Highway
System.
(b) National Highway System.--
(1) Purpose.--The purpose of the National Highway
System is to provide an interconnected system of
principal arterial routes which will serve major
population centers, international border crossings,
ports, airports, public transportation facilities, and
other intermodal transportation facilities and other
major travel destinations; meet national defense
requirements; and serve interstate and interregional
travel.
(2) Components.--The National Highway System shall
consist of the following:
(A) Highways designated as part of the
Interstate System under subsection (e) and
section 139 of this title.
(B) Other urban and rural principal arterials
and highways (including toll facilities) which
provide motor vehicle access between such an
arterial and a major port, airport, public
transportation facility, or other intermodal
transportation facility. The States, in
cooperation with local and regional officials,
shall propose to the Secretary arterials and
highways for designation to the National
Highway System under this paragraph. In
urbanized areas, the local officials shall act
through the metropolitan planning organizations
designated for such areas under section 134 of
this title. The routes on the National Highway
System, as shown on the map submitted by the
Secretary to the Committee on Public Works and
Transportation of the House of Representatives
and the Committee on Environment and Public
Works of the Senate in 1991, illustrating the
National Highway System, shall serve as the
basis for theStates in proposing arterials and
highways for designation to such system. The Secretary may modify or
revise such proposals and submit such modified or revised proposals to
Congress for approval in accordance with paragraph (3).
(C) A strategic highway network which is a
network of highways which are important to the
United States strategic defense policy and
which provide defense access, continuity, and
emergency capabilities for the movement of
personnel, materiels, and equipment in both
peace time and war time. Such highways may
include highways on and off the Interstate
System and shall be designated by the Secretary
in consultation with appropriate Federal
agencies and the States and be subject to
approval by Congress in accordance with
paragraph (3).
(D) Major strategic highway network
connectors which are highways that provide
motor vehicle access between major military
installations and highways which are part of
the strategic highway network. Such highways
shall be designated by the Secretary in
consultation with appropriate Federal agencies
and the States and subject to approval by
Congress in accordance with paragraph (3).
(3) Approval of designations.--
(A) Proposed designations.-- Not later than 2
years after the date of the enactment of this
section, the Secretary shall submit for
approval to the Committee on Environment and
Public Works of the Senate and the Committee on
Public Works and Transportation of the House of
Representatives a proposed National Highway
System with a list and description of highways
proposed to be designated to the National
Highway System under this subsection and a map
showing such proposed designations. In
preparing the proposed system, the Secretary
shall consult appropriate local officials and
shall use the functional reclassification of
roads and streets carried out under subsection
(c) of section 1006 of the Intermodal Surface
Transportation Efficiency Act of 1991.
(B) Approval of congress required.--After
September 30, 1995, no funds made available for
carrying out this title may be apportioned for
the National Highway System or the Interstate
maintenance program under this title unless a
law has been approved designating the National
Highway System.
(C) Maximum mileage.--The mileage of highways
on the National Highway System shall not exceed
155,000 miles; except that the Secretary may
increase or decrease such maximum mileage by
not to exceed 15 percent.
(D) Equitable allocations of highway
mileage.--The Secretary shall provide for
equitable allocation of highway mileage on the
National Highway System among the States.
(4) Interim system.--For fiscal years 1992, 1993,
1994, and 1995, highways classified as principal
arterials by the States shall be treated as being on
the National Highway System for purposes of this title.
(5) Designation of nhs.--The National Highway System
as submitted by the Secretary of Transportation on the
map entitled ``Official Submission, National Highway
System, Federal Highway Administration'', and dated
November 13, 1995, is hereby designated within the
United States, including the District of Columbia and
the Commonwealth of Puerto Rico.
(6) Modifications to nhs.--
(A) In general.--Subject to paragraph (7),
the Secretary may make modifications to the
National Highway System that are proposed by a
State or that are proposed by the State and
revised by the Secretary if the Secretary
determines that each of the modifications--
(i) meets the criteria established
for the National Highway System under
this title; and
(ii) enhances the national
transportation characteristics of the
National Highway System.
(B) Cooperation.--In proposing modifications
under this paragraph, a State shall cooperate
with local and regional officials. In urbanized
areas, the local officials shall act through
the metropolitan planning organizations
designated for such areas under section 134.
(7) Transitional rules for intermodal connectors.--
(A) Required submission.--Not later than 180
days after the date of the enactment of the
National Highway System Designation Act of
1995, the Secretary shall submit for approval
to the Committee on Environment and Public
Works of the Senate and the Committee on
Transportation and Infrastructure of the House
of Representatives modifications to the
National Highway System that are proposed by a
State or that are proposed by the State and
revised by the Secretary and that consist of
connectors to major ports, airports,
international border crossings, public
transportation and transit facilities,
interstate bus terminals, and rail and other
intermodal transportation facilities. (B)
Cooperation.--Paragraph (6)(B) shall apply to
modifications proposed by a State under this
paragraph.
(C) Eligibility.--
(i) Initial approval by law.--
Modifications proposed under
subparagraph (A) may take effect only
if a law has been enacted approving
such modifications.
(ii) Interim eligibility.--
Notwithstanding clause (i), a project
to construct a connector to an
intermodal transportation facility
described in subparagraph (A) shall be
eligible for funds apportioned under
section 104(b)(1) for the National
Highway System if the Secretary finds
that the project is consistent with
criteria developed by the Secretary for
construction of such connectors.
(iii) Period of eligibility.--A
project which is eligible under clause
(ii) for funds apportioned under
section 104(b)(1) shall remain eligible
for such funds pursuant to clause (ii)
only until the date of the enactment of
a law described in clause (i).
(D) Modifications after initial approval.--
After the date of the enactment of a law
described in subparagraph (C)(i), a
modification consisting of a connector to an
intermodal transportation facility described in
subparagraph (A) may be made in accordance with
paragraph (6).
(8) Congressional high priority corridors.--Upon the
completion of feasibility studies, the Secretary shall
add to the National Highway System any congressional
high priority corridor or any segment thereof
established by section 1105 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2031-
2037) which was not identified on the National Highway
System designated by paragraph (5).
(c), (d) [Repealed]
(e) Interstate System.--
(1) Designation; mileage limitation.--The Interstate
System shall be designated within the United States,
including the District of Columbia, and, except as
provided in paragraphs (2) and (3) of this subsection,
it shall not exceed forty-one thousand miles in total
extent. It shall be so located as to connect by routes,
as direct as practicable, the principal metropolitan
areas, cities, and industrial centers, to serve the
national defense and, to the greatest extent possible,
to connect at suitable border points with routes of
continental importance in the Dominion of Canada and
the Republic of Mexico. The routes of this system, to
the greatest extent possible, shall be selected by
joint action of the State highway departments of each
State and the adjoining States, subject to the approval
by the Secretary as provided in subsection (f) of this
section. All highways or routes included in the
Interstate System as finally approved, if not already
coincident with the primary system, shall be added to
said system without regard to the mileage limitation
set forth in subsection (b) of this section. This
system may be located both in rural and urban areas.
(2) Modifications.--In addition to the mileage
authorized by the first sentence of paragraph (1) of
this subsection, there is hereby authorized additional
mileage for the Interstate System of five hundred
miles, to be used in making modifications or revisions
in the Interstate System as provided in this paragraph.
Upon the request of a State highway department the
Secretary may withdraw his approval of any route or
portion thereof on the Interstate System within that
State selected and approved in accordance with this
title, if he determines that such route or portion
thereof is not essential to completion of a unified and
connected Interstate System (including urban routes
necessary for metropolitan transportation) and will not
be constructed as a part of the Interstate System, and
if he receives assurances that the State does not
intend to construct a toll road in the traffic corridor
which would be served by such route or portion thereof.
After the Secretary has withdrawn his approval of any
such route or portion thereof the mileage of such route
or portion thereof and the additional mileage
authorized by the first sentence of this paragraph
shall be available for the designation of interstate
routes or portions thereof as provided in this
subsection. The provisions of this title applicable to
the Interstate System shall apply to all mileage
designated under the third sentence of this paragraph.
The Secretary shall not designate any Interstate route
or portion thereof under authority of this paragraph
after the date of enactment of the Federal Aid Highway
Act of 1978.
(3) Additional mileage for improved efficiency.--In
addition to the mileage authorized by paragraphs (1)
and (2) of this subsection, there is hereby authorized
additional mileage of not to exceed 1,500 miles for the
designation of routes in the same manner as set forth
in paragraph (1), in order to improve the efficiency
and service of the Interstate System to better
accomplish the purposes of that System.
(4) Interstate substitute program.--
(A) Withdrawal of approval.--Upon the joint
request of a State Governor and the local
governments concerned, the Secretary may
withdraw approval of any route or portion
thereof on the Interstate System which was
selected and approved in accordance with this
title, if the Secretary determines that such
route or portion thereof is not essential to
completion of a unified and connected
Interstate System and if the Secretary receives
assurances that the State does not intend to
construct a toll road in the traffic corridor
which would be served by the route or portion
thereof.
(B) Substitute projects.--When the Secretary
withdraws approval under this paragraph, a sum
equal to the Federal share of the cost to
complete the withdrawn route or portion
thereof, as that cost is included in the latest
Interstate System cost estimate approved by
Congress, or up to and including the 1983
interstate cost estimate, whichever is earlier,
subject to increase or decrease, as determined
by the Secretary based on changes in
construction costs of the withdrawn route or
portion thereof as of the date of approval of
each substitute project under this paragraph,
or the date of approval of the 1983 interstate
cost estimate, whichever is earlier, shall be
available to the Secretary to incur obligations
for the Federal share of either public mass
transit projects involving the construction of
fixed rail facilities or the purchase of
passenger equipment including rolling stock,
for any mode of mass transit, or both, or
highway construction projects on any public
road, or both, which will serve the area or
areas from which the interstate route or
portion thereof was withdrawn, which are
selected by the responsible local officials of
the area or areas to be served, and which are
selected by the Governor or the Governors of
the State or the States in which the withdrawn
route was located if the withdrawn route was
not within an urbanized area or did not pass
through and connect urbanized areas, and which
are submitted by the Governors of the States in
which the withdrawn route was located. Each
project constructed under this paragraph on a
Federal-aid system shall be subject to the
provisions of this title applicable to such
system. Each project constructed under this
paragraph not ona Federal-aid system shall be
subject to the provisions of this title applicable to projects on the
Federal-aid secondary system.
(C) Deadline for withdrawal.--The Secretary
shall not approve any withdrawal of a route
under this paragraph after September 30, 1983--
(i) except that with respect to any
route which on November 6, 1978, is
under judicial injunction prohibiting
its construction the Secretary may
approve withdrawals until September 30,
1986, and (ii) except that with respect
to any route which on May 12, 1982, is
under judicial injunction prohibiting
its construction, the Secretary may
approve withdrawals on such route until
September 30, 1985.
(D) Project approval; federal share.--
Approval by the Secretary of the plans,
specifications, and estimates for a substitute
project shall be deemed to be a contractual
obligation of the Federal Government. The
Federal share of each substitute project shall
not exceed 85 percent of the cost thereof.
(E) Availability of funds for substitute
projects.--
(i) Time period.--The sums
apportioned and the sums allocated
under this paragraph for public mass
transit projects and for highway
construction projects in a State shall
remain available for obligation in such
State for the fiscal year for which
apportioned or allocated, as the case
may be, and for the succeeding fiscal
year. In the case of funds authorized
to be appropriated for substitute
transit projects under this paragraph
for fiscal year 1993 and for substitute
highway projects under this paragraph
for fiscal year 1995, such funds shall
remain available until expended.
(ii) Reapportionment or
reallocation.--Any sums which are
apportioned or allocated to a State and
are unobligated (other than an amount
which, by itself, is insufficient to
pay the Federal share of the cost of a
substitute project which has been
submitted by the State to the Secretary
for approval) at the end of the period
of availability established by clause
(i) shall be apportioned or allocated,
as the case may be, among those States
which have obligated all sums (other
than such an amount) apportioned or
allocated, as the case may be, to them.
Such reapportionments shall be in
accordance with the latest approved or
adjusted estimate of the cost of
completing substitute projects, and
such reallocations shall be at the
discretion of the Secretary.
(F) Administration of transit funds.--The
sums obligated for mass transit projects under
this paragraph shall become part of, and be
administered through, the Urban Mass
Transportation Fund.
(G) Authorization of appropriations for
highway projects.--For the fiscal year ending
September 30, 1983, $257,000,000 shall be
available out of the Highway Trust Fund for
expenditure at the discretion of the Secretary
for projects under highway assistance programs.
There shall be available, out of the Highway
Trust Fund (other than the Mass Transit
Account), to the Secretary for expenditure
under this paragraph for projects under highway
assistance programs $700,000,000 per fiscal
year for each of fiscal years 1984 and 1985,
$693,825,000 for fiscal year 1986, $740,000,000
per fiscal year for each of fiscal years 1987,
1988, 1989, 1990, and 1991, $240,000,000 per
fiscal year for each of fiscal years 1992,
1993, 1994, and 1995. Such sums may be
obligated for transit substitute projects under
this paragraph.
(H) Distribution of substitute highway
funds.--
(i) Between discretionary and
apportioned programs.--Subject to
section 149(d) of the Federal-Aid
Highway Act of 1987, 25 percent of the
funds made available by subparagraph
(G) for each of fiscal years 1984,
1985, 1986, 1987, 1988, 1989, 1990, and
1991 for substitute highway projects
under this paragraph shall be
distributed at the discretion of the
Secretary. The remaining 75 percent of
such funds shall be apportioned in
accordance with cost estimates approved
by Congress or adjusted by the
Secretary. For each of fiscal years
1992, 1993, 1994, and 1995, all funds
made available by subparagraph (G)
shall be apportioned in accordance with
cost estimates adjusted by the
Secretary.
(ii) Fiscal years 1985, 1986, and
1987 apportionments.--The Secretary
shall make a revised estimate of the
cost of completing substitute highway
projects under this paragraph and
transmit the same to the Senate and the
House of Representatives within 10 days
subsequent to January 2, 1984, and upon
approval by Congress, the Secretary
shall use the Federal share of such
approved estimate in making
apportionments for substitute highway
projects for fiscal years 1985, 1986,
and 1987.
(iii) Fiscal years 1988-1995
apportionments.--The Secretary shall
make a revised estimate of the cost of
completing substitute highway projects
under this paragraph and transmit the
same to the Senate and the House of
Representatives as soon as practicable
after the date of the enactment of the
Federal-Aid Highway Act of 1987. Upon
approval by Congress, the Secretary
shall use the Federal share of such
approved estimate in making
apportionments for substitute highway
projects for fiscal year 1988. If such
estimate is not approved by Congress by
September 30, 1987, the Secretary shall
adjust such estimate in accordance with
this clause and use the Federal share
of the adjusted estimate in making
apportionments for fiscal year 1988.
The Secretary shall adjust such
estimate annually thereafter in
accordance with this clause andshall
use the Federal share of such adjusted estimate in making
apportionments for substitute highway projects for fiscal years 1989,
1990, 1991, 1992, 1993, 1994, and 1995. The adjustments required by
this clause shall reflect previous withdrawals of interstate segments,
changes in State estimates in the division of funds between substitute
highway and transit projects, amounts made available in prior fiscal
years, and the availability and reapportionment of funds under
subparagraph (E).
(I) Authorization of appropriations for
transit projects.--There are authorized to be
appropriated for liquidation of obligations
incurred for substitute transit projects under
this paragraph the sums provided in section
4(g) of the Urban Mass Transportation Act of
1964.
(J) Distribution of substitute transit
funds.--
(i) Between discretionary and
apportioned programs.--Fifty percent of
the funds appropriated for each fiscal
year beginning after September 30,
1983, and ending before October 1, 1991
for carrying out substitute transit
projects under this paragraph shall be
distributed at the discretion of the
Secretary. The remaining 50 percent of
such funds shall be apportioned in
accordance with cost estimates approved
by Congress or adjusted by the
Secretary. 100 percent of funds
appropriated for each of fiscal years
1992 and 1993 shall be apportioned in
accordance with cost estimates adjusted
by the Secretary.
(ii) Fiscal years 1985, 1986, and
1987 apportionments.--The Secretary
shall make a revised estimate of the
cost of completing substitute transit
projects under this paragraph and
transmit the same to the Senate and the
House of Representatives within 10 days
subsequent to January 2, 1984, and upon
approval by Congress, the Secretary
shall use the Federal share of such
approved estimate in making
apportionments for substitute transit
projects for fiscal years 1985, 1986,
and 1987.
(iii) Fiscal years 1988-1993
apportionments.--The Secretary shall
make a revised estimate of the cost of
completing substitute transit projects
under this paragraph and transmit the
same to the Senate and the House of
Representatives as soon as practicable
after the date of the enactment of the
Federal-Aid Highway Act of 1987. Upon
approval by Congress, the Secretary
shall use the Federal share of such
approved estimate in making
apportionments for substitute transit
projects for fiscal year 1988. If such
estimate is not approved by Congress by
September 30, 1987, the Secretary shall
adjust such estimate in accordance with
this clause and use the Federal share
of the adjusted estimate in making
apportionments for fiscal year 1988.
The Secretary shall adjust such
estimate annually thereafter in
accordance with this clause and shall
use the Federal share of such adjusted
estimate in making apportionments for
substitute transit projects for fiscal
years 1989, 1990, 1991, 1992, and 1993.
The adjustments required by this clause
shall reflect previous withdrawals of
Interstate segments, changes in State
estimates in the division of funds
between substitute highway and transit
projects, amounts made available in
prior fiscal years, and the
availability and reapportionment of
funds under subparagraph (E).
(K) Reduction of interstate apportionment.--
(i) In general.--Unobligated
apportionments for the Interstate
System in any State where a withdrawal
is approved under this paragraph shall,
on the date of such approval, be
reduced in the proportion that the
Federal share of the cost of the
withdrawn route or portion thereof
bears to the Federal share of the total
cost of all interstate routes in that
State as reflected in the latest cost
estimate approved by the Congress.
(ii) Exception.--In any State where
the withdrawal of an interstate route
or portion thereof has been approved
under this section prior to the date of
the enactment of the Federal-Aid
Highway Act of 1976, the unobligated
apportionments for the Interstate
System in that State on such date of
enactment shall be reduced in the
proportion that the Federal share of
the cost to complete such route or
portion thereof, as shown in the latest
cost estimate approved by Congress
prior to such approval of withdrawal,
bears to the Federal share of the cost
of all interstate routes in that State,
as shown in such cost estimate; except
that the amount of such proportional
reduction shall be credited with the
amount of any reduction in such State's
Interstate apportionment which was
attributable to the Federal share of
any substitute project approved under
this paragraph before such date of
enactment.
(L) Applicability of chapter 53 of title
49.--
(i) Supplementary funds.--Funds
available for expenditure to carry out
the purposes of this paragraph shall be
supplementary to and not in
substitution for funds authorized and
available for obligation pursuant to
chapter 53 of title 49.
(ii) Labor protection.--The
provisions of section 5323(a)(1)(D) of
title 49 shall apply in carrying out
this paragraph.
(M) Limitation on interstate designations.--
After the date of the enactment of the Federal-
Aid Highway Act of 1978, the Secretary may not
designate any mileage as part of the Interstate
System pursuant to this paragraph or under any
other provision of law. The preceding sentence
shall not apply to a designation made under
section 139 of this title.
(N) Open to traffic requirement.--After
September 30, 1979, the Secretary shall not
withdraw his approval under this paragraph of
any route or portion thereof on the Interstate
System open to traffic before the date of the
proposed withdrawal. Any withdrawal of approval
of any such route or portion thereof before
September 30, 1979, is hereby determined to be
authorized by this paragraph.
(O) Limitation on substitution for
statutorily designated routes.--Any route or
segment which was statutorily designated after
March 7, 1978, to be on the Interstate System
shall not be eligible for withdrawal or
substitution under this subsection.
(P) Right-of-way payback.--
(i) Enforcement.--Of sums apportioned
or allocated under this paragraph to a
State, the Secretary shall not obligate
for projects in such State an amount
equal to the amount of Federal funds
expended to purchase the right-of-way
for any withdrawn route or portion
thereof if the right-of-way is not
first disposed of (or applied to a
project in accordance with paragraph
(5)(B), (6)(B), or (7)) by the State.
(ii) Limitation on applicability.--
Clause (i) shall not apply to sums
apportioned or allocated under this
paragraph to a State for a fiscal year
if the projected total amount of funds
to be apportioned and allocated under
this paragraph to such State in
succeeding fiscal years exceeds the
amount of Federal funds expended to
purchase the right-of-way.
(iii) Release of funds.--The
Secretary may obligate for projects in
a State under this paragraph any funds
withheld from obligation in such State
if the State repays an equivalent
amount in accordance with paragraph
(5)(B), (6)(B), or (7), as the case may
be, or if the Secretary determines that
such repayment is not required under
such paragraph.
(5) Limitation on refunds for withdrawals before
november 6, 1978.--Notwithstanding any other provision
of law, in the case of any withdrawal of approval
before November 6, 1978--
(A) upon the withdrawal of approval of any
route or portion thereof on the Interstate
System under this section, a State, subject to
the approval of the Secretary, shall not be
required to refund to the Highway Trust Fund
any sums paid to the State for intangible
costs;
(B) refund will not be required for the costs
of construction items, materials, or rights-of-
way of the withdrawn route or portion of the
Interstate System which will be or have been
applied (i) to a transportation project
permissible under this title, (ii) to a public
conservation or public recreation purpose, or
(iii) to such other public purpose as may be
determined by the Secretary to be in the public
interest on condition that the State shall make
assurances satisfactory to the Secretary that
such construction items or materials or rights-
of-way have been or will be so applied by the
State of any political subdivision thereof to a
project under clause (i), (ii), or (iii) within
10 years from the date of the withdrawal of
approval.
(6) Limitation on refunds for withdrawals on and
after november 6, 1978.--Notwithstanding any other
provision of law--
(A) in the case of any withdrawal of approval
on or after November 6, 1978, of a route or
portion thereof on the Interstate System, a
State, subject to the approval of the
Secretary, shall not be required to refund to
the Highway Trust Fund any sums paid to the
State for intangible costs;
(B) in the case of any withdrawal of approval
on or after November 6, 1978, of any route or
portion thereof on the Interstate System under
this section, a State shall not be required to
refund to the Highway Trust Fund the costs of
construction items, materials, or rights-of-way
of the withdrawn route or portion thereof if
such items, materials, and rights-of-way were
acquired before November 6, 1978, if by the
date of withdrawal of approval the Secretary
has not approved the environmental impact
statement required by the National
Environmental Policy Act of 1969, and if such
construction items, materials, or rights-of-way
will be or have been applied (i) to a
transportation project permissible under this
title, (ii) to a public conservation or public
recreation purpose, or (iii) to any other
public purpose determined by the Secretary to
be in the public interest on condition that the
State gives assurances satisfactory to the
Secretary that such construction items,
materials, or rights-of-way have been or will
be so applied by the State, or any political
subdivision thereof, to a project under clause
(i), (ii), or (iii) within ten years from the
date of withdrawal of approval.
(7) Additional limitation on refunds.--In any case
where a withdrawal of approval of a route or portion
thereof on the Interstate System on or after November
6, 1978, does not come within the provisions of
paragraph (6)(B) of this subsection, the State shall
refund to the Highway Trust Fund the costs of
construction items, materials, and rights-of-way of the
withdrawn route or portion thereof, except that if the
State gives assurances satisfactory to the Secretary
that such items, materials, and rights-of-way have been
or will be applied to a transportation project
permissible under this title within ten years from the
date of withdrawal of approval, the amount of such
repayment shall be the difference between the amount
received for such items, materials, and rights-of-way
and the amount which would be received in accordance
with the current Federal share applicable to the
transportation project to which such items, materials,
and rights-of-way were or are to be applied.
(8) Protection of property rights.--Nothing in this
subsection shall in any way alter rights under State
law of persons owning property within the right-of-way
immediately prior to such property being obtained by
the State. The Federalshare of the cost of property
sold or otherwise transferred to previous owners under State law shall
be refunded and credited to the unobligated balance of the State's
apportionment for interstate highways.
(9) Limitation on funding of modified mileage
projects.--Interstate mileage authorized for any State
and withdrawn and transferred under the provisions of
paragraph (2) of this subsection after the date of
enactment of the Federal-Aid Highway Act of 1976, must
be constructed by the State receiving such mileage as
part of its Interstate System. Any State receiving such
transfer of mileage may not, with respect to that
transfer, avail itself of the optional use of
Interstate funds under the second sentence of paragraph
(4) of this subsection.
(f) The Secretary shall have authority to approve in whole or
in part the Interstate System, as and when such systems or
portions thereof are designated, or to require modifications or
revisions thereof.
(g) The Secretary, on July 1, 1974, shall remove from
designation as a part of the Interstate System each segment of
such system for which a State has not notified the Secretary
that such State intends to construct such segment, and which
the Secretary finds is not essential to completion of a unified
and connected Interstate System. Any segment of the Interstate
System, with respect to which a State has not submitted by July
1, 1975, a schedule for the expenditure of funds for completion
of construction of such segment or alternative segment within
the period of availability of funds authorized to be
appropriated for completion of the Interstate System, and with
respect to which the State has not provided the Secretary with
assurances satisfactory to him that such schedule will be met,
shall be removed from designation as a part of the Interstate
System. No segment of the Interstate System removed under the
authority of the preceding sentence shall thereafter be
designated as a part of the Interstate System except as the
Secretary finds necessary in the interest of national defense
or for other reasons of national interest. This subsection
shall not be applicable to any segment of the Interstate System
referred to in section 23(a) of the Federal-Aid Highway Act of
1968.
(h) Notwithstanding subsections (e)(2) and (g) of this
section, in any case where a segment of the Interstate System
was a designated part of such System on June 1, 1973, and is
entirely within the boundaries of an incorporated city and such
city enters into an agreement with the Secretary to pay all
non-Federal costs of construction of such segment, such segment
shall be constructed.
(i) Eligible projects for nhs.--Subject to project approval
by the Secretary, funds apportioned to a State under section
104(b)(1) for the National Highway System may be obligated for
any of the following:
(1) Construction, reconstruction, resurfacing,
restoration, and rehabilitation of segments of such
system.
(2) Operational improvements for segments of such
system.
(3) Construction of, and operational improvements
for, a Federal-aid highway not on the National Highway
System and construction of a transit project eligible
for assistance under chapter 53 of title 49--
(A) if such highway or transit project is in
the same corridor as, and in proximity to, a
fully access controlled highway designated to
the National Highway System;
(B) if the construction or improvements will
improve the level of service on the fully
access controlled highway and improve regional
travel; and
(C) if the construction or improvements are
more cost effective than an improvement to the
fully access controlled highway that has
benefits comparable to the benefits which will
be achieved by the construction of, or
improvements to, the highway not on the
National Highway System.
(4) Highway safety improvements for segments of the
National Highway System.
(5) Transportation planning in accordance with
sections 134 and 135.
(6) Highway research and planning in accordance with
section 307.
(7) Highway-related technology transfer activities.
(8) Capital and operating costs for traffic
monitoring, management, and control facilities and
programs.
(9) Fringe and corridor parking facilities.
(10) Carpool and vanpool projects.
(11) Bicycle transportation and pedestrian walkways
in accordance with section 217.
(12) Development and establishment of management
systems under section 303.
(13) In accordance with all applicable Federal law
and regulations, participation in wetlands mitigation
efforts related to projects funded under this title,
which may include participation in wetlands mitigation
banks; contributions to statewide and regional efforts
to conserve, restore, enhance and create wetlands; and
development of statewide and regional wetlands
conservation and mitigation plans, including any such
banks, efforts, and plans authorized pursuant to the
Water Resources Development Act of 1990 (including
crediting provisions). Contributions to such mitigation
efforts may take place concurrent with or in advance of
project construction. Contributions toward these
efforts may occur in advance of project construction
only if such efforts are consistent with all applicable
requirements of Federal law and regulations and State
transportation planning processes.
(14) Construction, reconstruction, and
rehabilitation of, and operational improvements for,
intercity rail passenger facilities (including
facilities owned by the National Railroad Passenger
Corporation), operation of intercity rail passenger
trains, and acquisition or reconstruction of rolling
stock for intercity rail passenger service, except that
not more than 50 percent of the amount received by a
State for a fiscal year under this paragraph may be
obligated for operation.
Sec. 133. Surface transportation program
(a) Establishment.--The Secretary shall establish a surface
transportation program in accordance with this section.
(b) Eligible Projects.--A State may obligate funds
apportioned to it under section 104(b)(3) for the surface
transportation program only for the following:
(1) Construction, reconstruction, rehabilitation,
resurfacing, restoration, and operational improvements
for highways (including Interstate highways) and
bridges (including bridges on public roads of all
functional classifications), including any such
construction or reconstruction necessary to accommodate
other transportation modes, and including the seismic
retrofit and painting of and application of calcium
magnesium acetate on bridges and approaches thereto and
other elevated structures, mitigation of damage to
wildlife, habitat, and ecosystems caused by a
transportation project funded under this title.
(2) Capital costs for transit projects eligible for
assistance under the chapter 53 of title 49 [and
publicly owned intracity or intercity bus terminals and
facilities.] facilities, including vehicles and
facilities, publicly or privately owned, that are used
to provide intercity passenger service by bus or rail,
or a combination of both.
(3) Carpool projects, fringe and corridor parking
facilities and programs, and bicycle transportation and
pedestrian walkways in accordance with section 217.
(4) Highway and transit safety improvements and
programs, hazard eliminations, projects to mitigate
hazards caused by wildlife, and railway-highway grade
crossings.
(5) Highway and transit research and development
and technology transfer programs.
(6) Capital and operating costs for traffic
monitoring, management, and control facilities and
programs.
(7) Surface transportation planning programs.
(8) Transportation enhancement activities.
(9) Transportation control measures listed in
section 108(f)(1)(A) (other than clauses (xii) and
(xvi)) of the Clean Air Act.
(10) Development and establishment of management
systems under section 303.
(11) In accordance with all applicable Federal law
and regulations, participation in wetlands mitigation
efforts related to projects funded under this title,
which may include participation in wetlands mitigation
banks; contributions to statewide and regional efforts
to conserve, restore, enhance and create wetlands; and
development of statewide and regional wetlands
conservation and mitigation plans, including any such
banks, efforts, and plans authorized pursuant to the
Water Resources Development Act of 1990 (including
crediting provisions). Contributions to such mitigation
efforts may take place concurrent with or in advance of
project construction. Contributions toward these
efforts may occur in advance of project construction
only if such efforts are consistent with all applicable
requirements of Federal law and regulations and State
transportation planning processes.
(c) Location of Projects.--Except as provided in subsection
(b)(1), surface transportation program projects (other than
those described in subsections (b) (3) and (4)) may not be
undertaken on roads functionally classified as local or rural
minor collectors, unless such roads are on a Federal-aid
highway system on January 1, 1991, and except as approved by
the Secretary.
(d) Allocations of Apportioned Funds.--
(1) For safety programs.--10 percent of the funds
apportioned to a State under section 104(b)(3) for the
surface transportation program for a fiscal year shall
only be available for carrying out sections 130 and 152
of this title. Of the funds set aside under the
preceding sentence, the State shall reserve in such
fiscal year an amount of such funds for carrying out
each such section which is not less than the amount of
funds apportioned to the State in fiscal year 1991
under such section.
(2) For transportation enhancement activities.--10
percent of the funds apportioned to a State under
section 104(b)(3) for a fiscal year shall only be
available for transportation enhancement activities.
(3) Division between urbanized areas of over
200,000 population and other areas.--
(A) General rule.--Except as provided in
subparagraphs (C) and (D), 62.5 percent of the
remaining 80 percent of the funds apportioned
to a State under section 104(b)(3) for a fiscal
year shall be obligated under this section--
(i) in urbanized areas of the State
with an urbanized area population of
over 200,000, and
(ii) in other areas of the State,
in proportion to their relative share of the
State's population. The remaining 37.5 percent
may be obligated in any area of the State.
Funds attributed to an urbanized area under
clause (i) may be obligated in the metropolitan
area established under section 134 which
encompasses the urbanized area.
(B) Special rule for areas of less than
5,000 population.--Of the amounts required to
be obligated under subparagraph (A)(ii), the
State shallobligate in areas of the State
(other than urban areas with a population
greater than 5,000) an amount which is not less
than 110 percent of the amount of funds
apportioned to the State for the Federal-aid
secondary system for fiscal year 1991.
(C) Special rule for certain states.--In
the case of a State in which--
(i) greater than 80 percent of the
population of the State is located in 1
or more metropolitan statistical areas,
and
(ii) greater than 80 percent of the
land area of such State is owned by the
United States,
the 62.5 percentage specified in the first
sentence of subparagraph (A) shall be 35
percent and the percentage specified in the
second sentence of subparagraph (A) shall be 65
percent.
(D) Noncontiguous states exemption.--
Subparagraph (A) shall not apply to any State
which is noncontiguous with the continental
United States.
(E) Distribution between urbanized areas of
over 200,000 population.--The amount of funds
which a State is required to obligate under
subparagraph (A)(i) shall be obligated in
urbanized areas described in subparagraph
(A)(i) based on the relative population of such
areas; except that the State may obligate such
funds based on other factors if the State and
the relevant metropolitan planning
organizations jointly apply to the Secretary
for the permission to do so and the Secretary
grants the request.
(4) Applicability of planning requirements.--
Programming and expenditure of funds for projects under
this section shall be consistent with the requirements
of sections 134 and 135 of this title.
(5) Applicability of certain requirements to third
party sellers.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), in the case of a
transportation enhancement activity funded from
the allocation required under paragraph (2), if
real property or an interest in real property
is to be acquired from a qualified organization
exclusively for conservation purposes (as
determined under section 170(h) of the Internal
Revenue Code of 1986, the organization shall be
considered to be the owner of the property for
the purpose of the Uniform Relocation
Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(B) Federal approval prior to involvement
of qualified organization.--If Federal approval
of the acquisition of the real property or
interest predates the involvement of a
qualified organization described in
subparagraph (A) in the acquisition of the
property, the organization shall be considered
to be an acquiring agency or person as
described in section 24.101(a)(2) of title 49,
Code of Federal Regulations, for the purpose of
the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
(C) Acquisitions on behalf of recipients of
Federal funds.--If a qualified organization
described in subparagraph (A) has contracted
with a State highway department or other
recipient of Federal funds to acquire the real
property or interest on behalf of the
recipient, the organization shall be considered
tobe an agent of the recipient for the purpose
of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
(e) Administration.--
(1) Noncompliance.--If the Secretary determines
that a State or local government has failed to comply
substantially with any provision of this section, the
Secretary shall notify the State that, if the State
fails to take corrective action within 60 days from the
date of receipt of the notification, the Secretary will
withhold future apportionments under section 104(b)(3)
until the Secretary is satisfied that appropriate
corrective action has been taken.
(2) Certification.--The Governor of each State
shall certify before the beginning of each quarter of a
fiscal year that the State will meet all the
requirements of this section and shall notify the
Secretary of the amount of obligations expected to be
incurred for surface transportation program projects
during such quarter. A State may request adjustment to
the obligation amounts later in each of such quarters.
Acceptance of the notification and certification shall
be deemed a contractual obligation of the United States
for the payment of the surface transportation program
funds expected to be obligated by the State in such
quarter for projects not subject to review by the
Secretary under this chapter.
(3) Payments.--
(A) In general.--Except as provided in
subparagraph (B), the Secretary shall make
payments to a State of costs incurred by the
State for the surface transportation program in
accordance with procedures to be established by
the Secretary. Payments shall not exceed the
Federal share of costs incurred as of the date
the State requests payments.
(B) Advance payment option for
transportation enhancement activities.--
(i) In general.--The Secretary may
advance funds to the State for
transportation enhancement activities
funded from the allocation required by
subsection (d)(2) for a fiscal year if
the Secretary certifies for the fiscal
year that the State has authorized and
uses a process for the selection of
transportation enhancement projects
that involves representatives of
affected public entities, and private
citizens, with expertise related to
transportation enhancement activities.
(ii) Limitation on amounts.--
Amounts advanced under this
subparagraph shall be limited to such
amounts as are necessary to make prompt
payments for project costs.
(iii) Effect on other
requirements.--This subparagraph shall
not exempt a State from other
requirements of this title relating to
the surface transportation program.
(4) Population determinations.--The Secretary shall
use estimates prepared by the Secretary of Commerce
when determining population figures for purposes of
this section.
(5) Transportation enhancement activities.--
(A) Categorical exclusions.--To the extent
appropriate, the Secretary shall develop
categorical exclusions from the requirement
that an environmental assessment or an
environmental impact statement under section
102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332) be prepared for
transportation enhancement activities funded
from the allocation required by subsection
(d)(2).
(B) Nationwide programmatic agreement.--The
Secretary, in consultation with the National
Conference of State Historic Preservation
Officers and the Advisory Council on Historic
Preservation established under title II of the
National Historic Preservation Act (16 U.S.C.
470i et seq.), shall develop a nationwide
programmatic agreement governing the review of
transportation enhancement activities funded
from the allocation required by subsection
(d)(2), in accordance with--
(i) section 106 of such Act (16
U.S.C. 470f); and
(ii) the regulations of the
Advisory Council on Historic
Preservation.
(f) Allocation of Obligation Authority.--A State which is
required to obligate in an urbanized area with an urbanized
area population of over 200,000 under subsection (d) funds
apportioned to it under section 104(b)(3) shall allocate during
the 6-fiscal year period 1992 through 1997 an amount of
obligation authority distributed to the State for Federal-aid
highways and highway safety construction for use in such area
determined by multiplying--
(1) the aggregate amount of funds which the State
is required to obligate in such area under subsection
(d) during such period; by
(2) the ratio of the aggregate amount of obligation
authority distributed to the State for Federal-aid
highways and highway safety construction during such
period to the total sums apportioned to the State for
Federal-aid highways and highway safety construction
(excluding sums not subject to an obligation
limitation) during such period.
Sec. 149. Congestion mitigation and air quality improvement program
(a) Establishment.--The Secretary shall establish a
congestion mitigation and air quality improvement program in
accordance with this section.
(b) Eligible Projects.--Except as provided in subsection (c),
a State may obligate funds apportioned to it under section
104(b)(2) for the congestion mitigation and air quality
improvement program only for a transportation project or
program if the project or program is for an area in the State
that was designated as a nonattainment area under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)) during any part
of fiscal year 1994 and--
(1) (A) if the Secretary, after consultation with the
Administrator of the Environmental Protection Agency,
determines, on the basis of information published by
the Environmental Protection Agency pursuant to section
108(f)(1)(A) of the Clean Air Act (other than clauses
(xii) and (xvi) of such section), that the project or
program is likely to contribute to--
(i) the attainment of a national ambient air
quality standard; or
(ii) the maintenance of a national ambient
air quality standard in an area that was
designated as a nonattainment area but that was
later redesignated by the Administrator of the
Environmental Protection Agency as an
attainment area under section 107(d) of the
Clean Air Act (42 U.S.C. 7407(d)); or
(B) in any case in which such information is not
available, if the Secretary, after such consultation,
determines that the project or program is part of a
program, method, or strategy described in such section;
(2) if the project or program is included in a State
implementation plan that has been approved pursuant to
the Clean Air Act and the project will have air quality
benefits;
(3) the Secretary, after consultation with the
Administrator of the Environmental Protection Agency,
determines that the project or program is likely to
contribute to the attainment of a national ambient air
quality standard, whether through reductions in vehicle
miles traveled, fuel consumption, or through other
factors; [or]
(4) to establish or operate a traffic monitoring,
management, and control facility or program if the
Secretary, after consultation with the Administrator of
the Environmental Protection Agency, determines that
the facility or program is likely to contribute to the
attainment of a national ambient air quality
[standard.] standard; or
(5) if the project or program will have air quality
benefits through construction of and operational
improvements for intercity passenger rail facilities,
operation of intercity passenger rail trains, and
acquisition of rolling stock for intercity passenger
rail service, except that not more than 50 percent of
the amount received by a State for a fiscal year under
this paragraph may be obligated for operating support.
No funds may be provided under this section for a project which
will result in the construction of new capacity available to
single occupant vehicles unless the project consists of a high
occupancy vehicle facility available to single occupant
vehicles only at other than peak travel times. In areas of a
State which are nonattainment for ozone or carbon monoxide, or
both, and for PM-10 resulting from transportation activities,
the State may obligate such funds for any project or program
under paragraph (1) or (2) without regard to any limitation of
the Department of Transportation relating to the type of
ambient air quality standard such project or program addresses.
(c) States Without a Nonattainment Area.--If a State does not
have a nonattainment area for ozone or carbon monoxide under
the Clean Air Act located within its borders, the State may use
funds apportioned to it under section 104(b)(2) for any project
eligible for assistance under the surface transportation
program.
(d) Applicability of Planning Requirements.--Programming and
expenditure of funds for projects under this section shall be
consistent with the requirements of sections 134 and 135 of
this title.
* * * * * * *
TITLE 45--RAILROADS
[Sec. 1111. Northeast Corridor cost dispute
[(a) Determination of Costing Methodology.--
[(1) Within 120 days after the effective date of this
subtitle, the Commission shall determine an appropriate
costing methodology for compensation to Amtrak for the
right-of-way related costs for the operation of
commuter rail passenger service over the Northeast
Corridor and other properties owned by Amtrak, unless
Conrail, Amtrak, and affected commuter authorities have
otherwise agreed on such a methodology by that date. In
making its determination, the Commission shall consider
all relevant factors, including the standards of
sections 205(d) and 304(c) of the Regional Rail
Reorganization Act of 1973, section 701(a)(6) of the
Railroad Revitalization and Regulatory Reform Act of
1976, and section 402(a) of the Rail Passenger Service
Act.
[(2) The Commission, in making such a determination,
shall consider all relevant factors, and shall not
permit cross subsidization between intercity rail
passenger service and commuter rail passenger service.
[(b) Effective Date of Determination or Agreement.--Any
determination by the Commission under this section shall be
effective on the date of such determination, and any agreement
of the parties under this section shall be effective on the
date specified in such agreement. Any such determination or
agreement shall not apply to any compensation paid to Amtrak
prior to the date of such determination or the date so
specified, as the case may be, for the right-of-way related
costs described in subsection (a) of this section.
[(c) Agreement Subsequent to Determination.--Nothing in this
section shall preclude parties from entering into an agreement,
after the determination of the Commission or their initial
agreement under this section, with respect to the right-of-way
related costs described in subsection (a) of this section.
[(d) Finality of Determination.--Any determination by the
Commission under this section shall be final and shall not be
reviewable in any court.]
* * * * * * *
TITLE 49--TRANSPORTATION
Sec. 24101. Findings, purpose, and goals
(a) Findings.--
(1) Public convenience and necessity require that
Amtrak, to the extent its budget allows, provide
modern, cost-efficient, and energy-efficient intercity
rail passenger transportation between crowded urban
areas and in other areas of the United States.
(2) Rail passenger transportation can help alleviate
overcrowding of airways and airports and on highways.
(3) A traveler in the United States should have the
greatest possible choice of transportation most
convenient to the needs of the traveler.
(4) A greater degree of cooperation is necessary
among Amtrak, other rail carriers, State, regional, and
local governments, the private sector, labor
organizations, and suppliers of services and equipment
to Amtrak to achieve a performance level sufficient to
justify expending public money.
(5) Modern and efficient commuter rail passenger
transportation is important to the viability and well-
being of major urban areas and to the energy
conservation and self-sufficiency goals of the United
States.
(6) As a rail passenger transportation entity, Amtrak
should be available to operate commuter rail passenger
transportation through its subsidiary, Amtrak Commuter,
under contract with commuter authorities that do not
provide the transportation themselves as part of the
governmental function of the State.
(7) The Northeast Corridor is a valuable resource of
the United States used by intercity and commuter rail
passenger transportation and freight transportation.
(8) Greater coordination between intercity and
commuter rail passenger transportation is required.
(b) Purpose.--By using innovative operating and marketing
concepts, Amtrak shall provide intercity and commuter rail
passenger transportation that completely develops the potential
of modern rail transportation to meet the intercity and
commuter passenger transportation needs of the United States.
(c) Goals.--Amtrak shall--
(1) use its best business judgment in acting to
minimize United States Government subsidies,
including--
(A) increasing fares;
(B) increasing revenue from the
transportation of mail and express;
(C) reducing losses on food service;
(D) improving its contracts with operating
rail carriers;
(E) reducing management costs; and
(F) increasing employee productivity;
(2) minimize Government subsidies by encouraging
State, regional, and local governments and the private
[sector] sector, separately or in combination, to share
the cost of providing rail passenger transportation,
including the cost of operating facilities;
(3) carry out strategies to achieve immediately
maximum productivity and efficiency consistent with
safe and efficient transportation;
(4) operate Amtrak trains, to the maximum extent
feasible, to all station stops within 15 minutes of the
time established in public timetables;
(5) develop transportation on rail corridors
subsidized by States and private parties;
(6) implement schedules based on a systemwide average
speed of at least 60 miles an hour that can be achieved
with a degree of reliability and passenger comfort;
(7) encourage rail carriers to assist in improving
intercity rail passenger transportation;
(8) improve generally the performance of Amtrak
through comprehensive and systematic operational
programs and employee incentives;
(9) carry out policies that ensure equitable access
to the Northeast Corridor by intercity and commuter
rail passenger transportation;
(12) coordinate the uses of the Northeast Corridor,
particularly intercity and commuter rail passenger
transportation; and
(13) maximize the use of its resources, including the
most cost-effective use of employees, facilities, and
real property.
(d) Minimizing Government Subsidies.--To carry out subsection
(c)(11) of this section, Amtrak is encouraged to make
agreements with the private sector and undertake initiatives
that are consistent with good business judgment and designed to
maximize its revenues and minimize Government subsidies. Amtrak
shall prepare a financial plan to operate within the funding
levels authorized by section 24104 of this chapter, including
budgetary goals for fiscal years 1998 through 2002. Commencing
no later than the fiscal year following the fifth anniversary
of the Amtrak Reform and Accountability Act of 1997, Amtrak
shall operate without Federal operating grant funds
appropriated for its benefit.
Sec. 24102. Definitions
In this part--
(1) ``auto-ferry transportation'' means intercity
rail passenger transportation--
(A) of automobiles or recreational vehicles
and their occupants; and
(B) when space is available, of used
unoccupied vehicles.
[(2) ``avoidable loss'' means the avoidable costs of
providing rail passenger transportation, less revenue
attributable to the transportation, as determined by
the Interstate Commerce Commission under section 553 of
title 5.]
[3] (2) ``basic system'' means the system of
intercity rail passenger transportation designated by
the Secretary of Transportation under section 4 of the
Amtrak Improvement Act of 1978 and approved by
Congress, and transportation required to be provided
under section 24705(a) of this title and section 4(g)
of the Act, including changes in the system or
transportation that Amtrak makes using the route and
service criteria.
[4] (3) ``commuter authority'' means a State, local,
or regional entity established provide, or make a
contract providing for, commuter rail passenger
transportation.
[5] (4) ``commuter rail passenger transportation''
means short-haul rail passenger transportation in
metropolitan and suburban areas usually having reduced
fare, multiple-ride, and commuter tickets and morning
and evening peak period operations.
[6] (5) ``intercity rail passenger transportation''
means rail passenger transportation, except commuter
rail passenger transportation.
[7] (6) ``Northeast Corridor'' means Connecticut,
Delaware, the District of Columbia, Maryland,
Massachusetts, New Jersey, New York, Pennsylvania, and
Rhode Island.
[8] (7) ``rail carrier'' means a [person] person,
including a unit of State or local government,
providing rail transportation for compensation.
[(9)] (8) ``rate'' means a rate, fare, or charge for
rail transportation.
[(10)] (9) ``regional transportation authority''
means an entity established provide passenger
transportation in a region.
[(11) ``route and service criteria'' means the
criteria and procedures for making route and service
decisions established under section 404(c)(1)-(3)(A) of
the Rail Passenger Service Act.]
Sec. 24104. Authorization of appropriations
[(a) Capital Acquisition and Corridor Development.--
[(1) Not more than $250,000,000 may be appropriated
to the Secretary of transportation for each of the
fiscal years ending September 30, 1993, and September
30, 1994, for the benefit of Amtrak to make capital
expenditures under chapters 243--247 of this title.
[(2) In addition to amounts that may be appropriated
under section 24909 of this title, not more than the
following amounts may be appropriated to the secretary
for the benefit of Amtrak to make capital expenditures
under chapter249 of this title:
[(A) $220,000,000 for the fiscal year ending
September 30, 1993.
[(B) $250,000,000 for the fiscal year ending
September 30, 1994.
[(3) (A) Not more than 15 percent of each of the
amounts appropriated under paragraphs (1) and (2) of
this subsection is available for transportation
described in subparagraphs (B) and (C) of this
paragraph.
[(B) Amounts made available under
subparagraph (A) of this paragraph shall be
used to develop new intercity rail passenger
transportation on corridors between cities
undergoing significant population growth and in
which the transportation reasonably can be
expected to provide travel times comparable
with other surface transportation modes. An
amount may be expended for the transportation
only if a State requests the transportation and
the State and Amtrak agree that--
[(i) Amtrak will pay at least 90
percent of the cost of acquiring
rolling stock for the transportation;
and
[(ii) the State will pay at least 90
percent of the cost of improving the
right of way, including track
structure, signal systems, passenger
station facilities, highway and
pedestrian grade crossings, and other
safety equipment and facilities.
[(C) Amounts made available under
subparagraph (A) of this paragraph shall be
used to begin new long distance intercity rail
passenger transportation. An amount may be
expended for the transportation only if a State
requests the transportation and the State and
Amtrak agree that--
[(i) Amtrak will pay at least 75
percent of the cost of acquiring
rolling stock for the transportation;
and
[(ii) the State will pay at least 90
percent of the cost of improving the
right of way, including track
structure, signal systems, passenger
station facilities, highway and
pedestrian grade crossings, and other
safety equipment and facilities.
[(D) Section 24704 of this title applies to
the operating expenses of transportation
described in subparagraphs (B) and (C) of this
paragraph.]
(a) In General.--There are authorized to be appropriated to
the Secretary of Transportation--
(1) $1,138,000,000 for fiscal year 1998;
(2) $1,058,000,000 for fiscal year 1999;
(3) $1,023,000,000 for fiscal year 2000;
(4) $989,000,000 for fiscal year 2001; and
(5) $955,000,000 for fiscal year 2002,
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). In
fiscal years following the fifth anniversary of the enactment
of the Amtrak Reform and Accountability Act of 1997 no funds
authorized for Amtrak shall be used for operating expenses
other than those prescribed for tax liabilities under section
3221 of the Internal Revenue Code of 1986 that are more than
the amount needed for benefits of individuals who retire from
Amtrak and for their beneficiaries.
(b) Operating Expenses.--
(1) Not more than $381,000,000 may be appropriated to
the Secretary for each of the fiscal years ending
September 30, 1993, and September 30, 1994, for the
benefit of Amtrak for operating expenses. Not more than
5 percent of the amounts appropriated for each fiscal
year shall be used to pay operating expenses under
section 24704 of this title for transportation in
operation on September 30, 1992.
(2) (A) Not more than the following amounts may be
appropriated to the secretary for the benefit of Amtrak
for operating losses under section 24704 of this title
for transportation beginning after September 30, 1992:
(i) $7,500,000 for the fiscal year ending
September 30, 1993.
(ii) $9,500,000 for the fiscal year ending
September 30, 1994.
(B) The expenditure by Amtrak of an amount
appropriated under subparagraph (A) of this paragraph
is deemed not to be an operating expense when
calculating the revenue-to-operating expense ratio of
Amtrak.
(c) Mandatory Payments.--
(1) Not more than $150,000,000 for the fiscal year
ending September 30, 1993, and amounts that may be
necessary for the fiscal year ending September 30,
1994, may be appropriated to the Secretary to pay--
(A) tax liabilities under section 3221 of the
Internal Revenue Code of 1986(26 U.S.C. 3221)
due in those fiscal years that are more than
the amount needed for benefits for individuals
who retire from Amtrak and for their
beneficiaries;
(B) obligations of Amtrak under section 8(a)
of the Railroad Unemployment Insurance Act (45
U.S.C. 358(a)) due in those fiscal years that
are more than obligations of Amtrak calculated
on an experience-related basis; and
(C) obligations of Amtrak due under section
3321 of the Code (26 U.S.C. 3321).
(2) Amounts appropriated under this subsection are
not a United States government subsidy of Amtrak.
(d) Payment to Amtrak.--Amounts appropriated under this
section shall be paid to Amtrak under the budget request of the
Secretary as approved or modified congress when the amounts are
appropriated. A payment may not be made more frequently than
once every 90 days, unless Amtrak, for good cause, requests
more frequent payment before a 90-day period ends. In each
fiscal year in which amounts are authorized to be appropriated
under this section, amounts appropriated shall be paid to
Amtrak as follows:
(1) 50 percent on October 1.
(2) 25 percent on January 1.
(3) 25 percent on April 1.
(e) Availability of Amounts and Early Appropriations.--
(1) Amounts appropriated under this section remain
available until expended.
(2) Amounts for capital acquisitions and improvements
may be appropriated in a fiscal year before the fiscal
year in which the amounts will be obligated.
(f) Limitations on Use.--Amounts appropriated under this
section may not be used to subsidize operating losses of
commuter rail passenger or rail freight transportation.
Sec. 24301. Status and applicable laws
(a) Status.--Amtrak--
(1) is a [rail carrier under section 10102] railroad
carrier under section 20102(2) and chapters 261 and 281
of this title;
(2) shall be operated and managed as a for-profit
corporation; and
(3) is not a department, agency, or instrumentality
of the United States Government.
(b) Principal Office and Place of Business.--The
principal office and place of business of Amtrak are in the
District of Columbia. Amtrak is qualified to do business in
each State in which Amtrak carries out an activity authorized
under this part. Amtrak shall accept service of process by
certified mail addressed to the secretary of Amtrak at its
principal office and place of business. Amtrak is a citizen
only of the District of Columbia when deciding original
jurisdiction of the district courts of the United States in a
civil action.
[(c) Application of Subtitle IV.--
[(1) Subtitle IV of this title applies to Amtrak,
except for provisions related to the--
[(A) regulation of rates;
[(B) abandonment or extension of rail lines
used only for passenger transportation and the
abandonment or extension of operations over
those lines;
[(C) regulation of routes and service;
[(D) discontinuance or change of rail
passenger transportation operations; and
[(E) issuance of securities or the assumption
of an obligation or liability related to the
securities of others.
[(2) Notwithstanding this subsection--
[(A) sections 10721-10724 of this title apply
to Amtrak; and
[(B) on application of an adversely affected
motor carrier, the Interstate Commerce
Commission under any provision of subtitle IV
of this title applicable to a carrier subject
to subchapter I of chapter 105 of this title
may hear a complaint about an unfair or
predatory rate or marketing practice of Amtrak
for a route or service operating at a loss.]
(c) Application of Subtitle IV.--Subtitle IV of this title
shall not apply to Amtrak, except for sections 11301, 11322,
11502(a) and (d), and 11706. Notwithstanding the preceding
sentence, Amtrak shall continue to be considered an employer
under the Railroad Retirement Act of 1974, the Railroad
Unemployment Insurance Act, and the Railroad Retirement Tax
Act.
(d) Application of Safety and Employee Relations Laws and
Regulations.--Laws and regulations governing safety, employee
representation for collective bargaining purposes, the handling
of disputes between carriers and employees, employee
retirement, annuity, and unemployment systems, and other
dealings with employees that apply to a common carrier subject
to subchapter I of chapter 105 of this title apply to Amtrak.
(e) Application of Certain Additional Laws.--Section 552 of
title 5, this part, and, to the extent consistent with this
part, the District of Columbia Business Corporation Act (D.C.
Code Sec. 29--301 et seq.) apply to Amtrak. Section 552 of
title 5, United States Code, applies to Amtrak for any fiscal
year in which Amtrak receives a Federal subsidy.
[(f) Laws Governing Leases and Contracts.--The laws of the
District of Columbia govern leases and contracts of Amtrak,
regardless of where they are executed.]
(f) Tax Exemption for Certain Commuter Authorities.--A
commuter authority that was eligible to make a contract with
Amtrak Commuter to provide commuter rail passenger
transportation but which decided to provide its own rail
passenger transportation beginning January 1, 1983, is exempt,
effective October 1, 1981, from paying a tax or fee to the same
extent Amtrak is exempt.
(g) Nonapplication of Rate, Route, and Service Laws.--A State
or other law related to rates, routes, or service does not
apply to Amtrak in connection with rail passenger
transportation.
(h) Nonapplication of Pay Period Laws.--A State or local law
related to pay periods or days for payment of employees does
not apply to Amtrak. Except when otherwise provided under a
collective bargaining agreement, an employee of Amtrak shall be
paid at least as frequently as the employee was paid on October
1, 1979.
(i) Preemption Related to Employee Work Requirements.--A
State may not adapt or continue in force a law, rule,
regulation, order, or standard requiring Amtrak to employ a
specified number of individuals to perform a particular task,
function, or operation.
(j) Nonapplication of Laws on Joint Use or Operation of
Facilities and Equipment.--Prohibitions of law applicable to an
agreement for the joint use or operation of facilities and
equipment necessary to provide quick and efficient rail
passenger transportation do not apply to a person making an
agreement with Amtrak to the extent necessary to allow the
person to make and carry out obligations under the agreement.
(k) Exemption From Additional Taxes.--
(1) In this subsection--
(A) ``additional tax'' means a tax or fee--
(i) on the acquisition, improvement,
ownership, or operation of personal
property by Amtrak; and
(ii) on real property, except a tax
or fee on the acquisition of real
property or on the value of real
property not attributable to
improvements made, or the operation of
those improvements, by Amtrak.
(B) ``Amtrak'' includes a rail carrier
subsidiary of Amtrak and a lessor or lessee of
Amtrak or one of its rail carrier subsidiaries.
(2) Amtrak is not required to pay an additional tax
because of an expenditure to acquire or improve real
property, equipment, a facility, or right-of-way
material or structures used in providing rail passenger
transportation, even if that use is indirect.
(l) Exemption From Taxes Levied After September 30, 1981.--
[(1) Amtrak or a rail carrier subsidiary of Amtrak is]
(1) In general._Amtrak, a rail carrier subsidiary of
Amtrak, and any passenger or other customer of Amtrak
or such subsidiary, are exempt from a [tax or fee
imposed by a State, a political subdivision of a State,
or a local taxing authority and levied on it] tax, fee,
head charge, or other charge, imposed or levied by a
State, political subdivision, or local taxing
authority, directly or indirectly on Amtrak, a rail
carrier subsidiary of Amtrak, or on persons traveling
in intercity rail passenger transportation or on mail
or express transportation provided by Amtrak or such a
subsidiary, or on the carriage of such persons, mail,
or express, or on the sale of any such transportation,
or on the gross receipts derived therefrom after
September 30, 1981. [However, Amtrak is not exempt
under this subsection from a tax or fee that it was
required to pay as of September 10, 1982.]
(2) Phase-in of exemption for certain existing taxes
and fees.--
(A) Years before 2000.--Notwithstanding
paragraph (1), Amtrak is exempt from a tax or
fee referred to in paragraph (1) that Amtrak
was required to pay as of September 10, 1982,
during calendar years 1997 through 1999, only
to the extent specified in the following table:
Phase-in of Exemption
Year of assessment Percentage of exemption
1997................................................... 40
1998................................................... 60
1999................................................... 80
2000 and later years................................... 100
(B) Taxes assessed after march, 1999.--Amtrak shall
be exempt from any tax or fee referred to in
subparagraph (A) that is assessed on or after April 1,
1999.
[(2) The] (3) Jurisdiction of united states district
courts.--The district courts of the United States have
original jurisdiction over a civil action Amtrak brings
to enforce this subsection and may grant equitable or
declaratory relief requested by Amtrak.
(m) Waste Disposal.--
(1) An intercity rail passenger car manufactured
after October 14, 1990, hall be built to provide for
the discharge of human waste only at a servicing
facility. Amtrak shall retrofit each of its intercity
rail passenger cars that was manufactured after May 1,
1971, and before October 15, 1990, with a human waste
disposal system that provides for the discharge of
human waste only at servicing facility. Subject to
appropriations--
(A) the retrofit program shall be completed
not later than October 15, [1996] 2001; and
(B) a car that does not provide for the
discharge of human waste only at a servicing
facility shall be removed from service after
that date.
(2) Section 361 of the Public Health Service Act (42
U.S.C. 264) and other laws of the United States,
States, and local governments do not apply to waste
disposal from rail carrier vehicles operated in
intercity rail passenger transportation. The district
courts of the United States have original jurisdiction
over a civil action Amtrak brings to enforce this
paragraph and may grant equitable or declaratory relief
requested by Amtrak.
(n) Rail Transportation Treated Equally.--When authorizing
transportation in the continental United States for an officer,
employee, or member of the uniformed services of a department,
agency, or instrumentality of the government, the head of that
department, agency, or instrumentality shall consider rail
transportation (including transportation by extra-fare trains)
the same as transportation by another authorized mode. The
Administrator of General services shall include Amtrak in the
contract air program of the Administrator in markets in which
transportation provided by Amtrak is competitive with other
carriers on fares and total trip times.
Sec. 24302. Board of directors
(a) Composition and Terms.--
(1) The board of directors of Amtrak is composed of
the following 9 directors, each of whom must be a
citizen of the United States:
(A) the Secretary of Transportation.
(B) the President of Amtrak.
(C) [3] 4 individuals appointed by the
President of the United States, by and with the
advice and consent of the Senate, as follows:
[(i) one individual selected from a
list of 3 qualified individuals
submitted by the Railway Labor
Executives Association.
[(ii) one chief executive officer of
a State selected from among the chief
executive officers of States with an
interest in rail transportation. The
chief executive officer may select an
individual to act as the officer's
representative at board meetings.]
(i) one individual selected as a
representative of rail labor in
consultation with affected labor
organizations.
(ii) one chief executive officer of a
State, and one chief executive officer
of a municipality, selected from among
the chief executive officers of State
and municipalities with an interest in
rail transportation, each of whom may
select an individual to act as the
officer's representative at board
meetings.
(iii) one individual selected as a
representative of business with an
interest in rail transportation.
[(D) 2 individuals selected by the President
of the United States from a list of names
consisting of one individual nominated by each
commuter authority for which Amtrak Commuter
provides commuter rail passenger transportation
under section 24505 of this title and one
individual nominated by each commuter authority
in the region (as defined in section 102 of the
Regional Rail Reorganization Act of 1973 (45
U.S.C. 702)) that provides its own commuter
rail passenger transportation or makes a
contract with an operator (except Amtrak
Commuter), except that--
[(i) one of the individuals selected
must have been nominated by a commuter
authority for which Amtrak Commuter
provides commuter rail transportation;
or
[(ii) if Amtrak Commuter does not
provide commuter rail passenger
transportation for any authority, the 2
individuals shall be selected from a
list of 5 individuals submitted by
commuter authorities providing
transportation over rail property of
Amtrak.
[(E) 2 individuals selected by the holders
of the preferred stock of Amtrak.]
(D) 3 individuals appointed by the President
of the United States, as follows:
(i) one individual selected as a
representative of a commuter authority,
(as defined in section 102 of the
Regional Rail Reorganization Act of
1973 (45 U.S.C. 702) that provides its
own commuter rail passenger
transportation or makes a contract with
an operator, in consultation with
affected commuter authorities.
(ii) one individual with technical
expertise in finance and accounting
principles.
(iii) one individual selected as a
representative of the general public.
(2) An individual appointed under paragraph (1)(C) of
this subsection serves for 4 years or until the
individual's successor is appointed and qualified. Not
more than 2 individuals appointed under paragraph
(1)(C) may be members of the same political party.
(3) An individual selected under paragraph (1)(D) of
this subsection serves for 2 years or until the
individual's successor is selected.
(4) An individual selected under paragraph (1)(E) of
this subsection serves for one year or until the
individual's successor is selected.
(5) The President of Amtrak serves as Chairman of the
board.
[(6) The Secretary may be represented at a meeting of
the board only by the Deputy Secretary of
Transportation, the Administrator of the Federal
Railroad Administration, or the General Counsel of the
Department of Transportation.]
(6) The Secretary may be represented at a meeting of
the Board by his designate.
(b) Cumulative Voting.--The articles of incorporation of
Amtrak shall provide for cumulative voting for all
stockholders.
(c) Conflicts of Interest.--When serving on the board, a
director appointed by the President of the United States may
not have--
(1) a financial or employment relationship with a
rail carrier; and
(2) a significant financial relationship or an
employment relationship with a person competing with
Amtrak in providing passenger transportation.
(d) Pay and Expenses.--Each director not employed by the
United States Government is entitled to $300 a day when
performing board duties and powers. Each director is entitled
to reimbursement for necessary travel, reasonable secretarial
and professional staff support, and subsistence expenses
incurred in attending board meetings.
(e) Vacancies.--A vacancy on the board is filled in the same
way as the original selection, except that an individual
appointed by the President of the United States under
subsection (a)(1)(C) of this section to fill a vacancy
occurring before the end of the term for which the predecessor
of that individual was appointed is appointed for the remainder
of that term. A vacancy required to be filled by appointment
under subsection (a)(1)(C) must be filled not later than 120
days after the vacancy occurs.
(f) Bylaws.--The board may adopt and amend bylaws governing
the operation of Amtrak. The bylaws shall be consistent with
this part and the articles of incorporation.
Sec. 24303. Officers
(a) Appointment and Terms.--Amtrak has a President and other
officers that are named and appointed by the board of directors
of Amtrak. An officer of Amtrak must be a citizen of the United
States. Officers of Amtrak serve at the pleasure of the board.
(b) Pay.--The board may fix the pay of the officers of
Amtrak. An officer may not be paid more than the general level
of pay for officers of rail carriers with comparable
responsibility. The preceding sentence shall not apply for any
fiscal year for which no Federal assistance is provided to
Amtrak.
(c) Conflicts of Interest.--When employed by Amtrak, an
officer may not have financial or employment relationship with
another rail carrier, except that holding securities issued by
a rail carrier is not deemed to be a violation of this
subsection if the officer holding the securities makes a
complete public disclosure of the holdings and does not
participate in any decision directly affecting the rail
carrier.
Sec. 24305. General authority
(a) Acquisition and Operation of Equipment and Facilities.--
(1) Amtrak may acquire, operate, maintain, and make
contracts for the operation and maintenance of
equipment and facilities necessary for intercity and
commuter rail passenger transportation, the
transportation of mail and express, and auto-ferry
transportation.
(2) Amtrak shall operate and control directly, to the
extent practicable, all aspects of the rail passenger
transportation it provides.
(3)(A) Except as provided in subsection (d)(2),
Amtrak may enter into a contract with a motor carrier
of passengers for the intercity transportation of
passengers by motor carrier over regular routes only--
(i) if the motor carrier is not a public
recipient of governmental assistance, as such
term is defined in section 13902(b)(8)(A) of
this title, other than a recipient of funds
under section 5311 of this title;
(ii) for passengers who have had prior
movement by rail or will have subsequent
movement by rail; and
(iii) if 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
transportation funded predominantly by a State or local
government, or to ticket selling agreements.
(b) Maintenance and Rehabilitation.--Amtrak may maintain and
rehabilitate rail passenger equipment and shall maintain a
regional maintenance plan that includes--
(1) a review panel at the principal office of Amtrak
consisting of members the President of Amtrak
designates;
(2) a system wide inventory of spare equipment parts
in each operational region;
(3) enough maintenance employees for cars and
locomotives in each region;
(4) a systematic preventive maintenance program;
(5) periodic evaluations of maintenance costs, time
lags, and parts shortages and corrective actions; and
(6) other elements or activities Amtrak considers
appropriate.
(c) Miscellaneous Authority.--Amtrak may--
(1) make and carry out appropriate agreements;
(2) transport mail and express and shall use all
feasible methods to obtain the bulk mail business of
the United States Postal Service;
(3) improve its reservation system and advertising;
(4) provide food and beverage services on its trains
only if revenues from the services each year at least
equal the cost of providing the services;
(5) conduct research, development, and demonstration
programs related to the mission of Amtrak; and
(6) buy or lease rail rolling stock and develop and
demonstrate improved rolling stock.
(d) Through Routes and Joint Fares.--
(1) Establishing through routes and joint fares
between Amtrak and other intercity rail passenger
carriers and motor carriers of passengers is consistent
with the public interest and the transportation policy
of the United States. Congress encourages establishing
those routes and fares.
(2) Amtrak may establish through routes and joint
fares with any domestic or international motor carrier,
air carrier, or water carrier.
(3) Congress encourages Amtrak and motor common
carriers of passengers to use the authority conferred
in section 11342(a) of this title for the purpose of
providing improved service to the public and economy of
operation.
(e) Rail Police.--Amtrak may employ rail police to provide
security for rail passengers and property of Amtrak. Rail
police employed by Amtrak who have complied with a State law
establishing requirements applicable to rail police or
individuals employed in a similar position may be employed
without regard to the law of another State containing those
requirements.
(f) Domestic Buying Preferences.--
(1) In this subsection, ``United States'' means the
States, territories, and possessions of the United
States and the District of Columbia.
(2) Amtrak shall buy only--
(A) unmanufactured articles, material, and
supplies mined or produced in the United
States; or
(B) manufactured articles, material, and
supplies manufactured in the United States
substantially from articles, material, and
supplies mined, produced, or manufactured in
the United States.
(3) Paragraph (2) of this subsection applies only
when the cost of those articles, material, or supplies
bought is at least $1,000,000.
(4) On application of Amtrak, the Secretary of
Transportation may exempt Amtrak from this subsection
if the Secretary decides that--
(A) for particular articles, material, or
supplies--
(i) the requirements of paragraph (2)
of this subsection are inconsistent
with the public interest;
(ii) the cost of imposing those
requirements is unreasonable; or
(iii) the articles, material, or
supplies, or the articles, material, or
supplies from which they are
manufactured, are not mined, produced,
or manufactured in the United States in
sufficient and reasonably available
commercial quantities and are not of a
satisfactory quality; or
(B) rolling stock or power train equipment
cannot be bought and delivered in the United
States within a reasonable time.
Sec. 24306. Mail, express, and auto-ferry transportation
(a) Actions to Increase Revenues.--Amtrak shall take
necessary action to increase its revenues from the
transportation of mail and express. To increase its revenues,
Amtrak may provide auto-ferry transportation as part of the
basic passenger transportation authorized by this part. [When
requested by Amtrak, a department, agency, or instrumentality
of the United States Government shall assist in carrying out
this section.]
(b) Authority of Others to Provide Auto-ferry
Transportation.--
[(1) A person primarily providing auto-ferry
transportation and any other person not a rail carrier
may provide auto-ferry transportation over any route
under a certificate issued by the Interstate Commerce
Commission if the commission finds that the auto-ferry
transportation--
[(A) will not impair the ability of Amtrak to
reduce its losses or increase its revenues; and
[(B) is required to meet the public demand.
[(2) A rail carrier that has not made a contract with
Amtrak to provide rail passenger transportation may
provide auto-ferry transportation over its own rail
lines.
[(3) State and local laws and regulations that impair
the provision of auto-ferry transportation do not apply
to Amtrak or a rail carrier providing auto-ferry
transportation. A rail carrier may not refuse to
participate with Amtrak in providing auto-ferry
transportation because a State or local law or
regulation makes the transportation unlawful.]
(b) Authority of Others to Provide Auto-ferry
Transportation.--State and local laws and regulations that
impair the provision of auto-ferry transportation do not apply
to Amtrak or a rail carrier providing auto-ferry
transportation. A rail carrier may not refuse to participate
with Amtrak in providing auto-ferry transportation because a
State or local law or regulation makes the transportation
unlawful.
Sec. 24307. Special transportation
(a) Reduced Fare Program.--Amtrak shall maintain a reduced
fare program for the following:
(1) individuals at least 65 years of age.
(2) individuals (except alcoholics and drug abusers)
who--
(A) have a physical or mental impairment that
substantially limits a major life activity of
the individual;
(B) have a record of an impairment; or
(C) are regarded as having an impairment.
[(b) Actions to Ensure Access.--Amtrak may act to ensure
access to intercity transportation for elderly or handicapped
individuals on passenger trains operated by or for Amtrak. That
action may include--
[(1) acquiring special equipment;
[(2) conducting special training for employees;
[(3) designing and acquiring new equipment and
facilities;
[(4) eliminating barriers in existing equipment and
facilities to comply with the highest standards of
design, construction, and alteration of property
accommodate elderly and handicapped individuals; and
[(5) providing special assistance to elderly and
handicapped individuals when getting on and off trains
and in terminal areas.]
[(c)] (b) Employee Transportation.--
(1) In this subsection, ``rail carrier employee''
means--
(A) an active full-time employee of a rail
carrier or terminal company and includes an
employee on furlough or leave of absence;
(B) a retired employee of a rail carrier or
terminal company; and
(C) a dependent of an employee referred to in
clause (A) or (B) of this paragraph.
(2) Amtrak shall ensure that a rail carrier employee
eligible for free or reduced-rate rail transportation
on April 30, 1971, under an agreement in effect on that
date is eligible, to the greatest extent practicable,
for free or reduced-rate intercity rail passenger
transportation provided by Amtrak under this part, if
space is available, on terms similar to those available
on that date under the agreement. However, Amtrak may
apply to all rail carrier employees eligible to receive
free or reduced-rate transportation under any agreement
a single system wide schedule of terms that Amtrak
decides applied to a majority of employees on that date
under all those agreements. Unless Amtrak and a rail
carrier make a different agreement, the carrier shall
reimburse Amtrak at the rate of 25 percent of the
system wide average monthly yield of each revenue
passenger-mile. The reimbursement is in place of costs
Amtrak incurs related to free or reduced-rate
transportation, including liability related to travel
of a rail carrier employee eligible for free or
reduced-rate transportation.
(3) This subsection does not prohibit the Interstate
Commerce Commission from ordering retroactive relief in
a proceeding begun or reopened after October 1, 1981.
Sec. 24309. Retaining and maintaining facilities
(a) Definitions.--In this section--
(1) ``facility'' means a rail line, right of way,
fixed equipment, facility, or real property related to
a rail line, right of way, fixed equipment, or
facility, including a signal system, passenger station
and repair tracks, a station building, a platform, and
a related facility, including a water, fuel, steam,
electric, and air line.
(2) downgrading a facility means reducing a track
classification as specified in the Federal Railroad
Administration track safety standards or altering a
facility so that the time required for rail passenger
transportation to be provided over the route on which a
facility is located may be increased.
(b) Approval Required for Downgrading or Disposal.--A
facility of a rail carrier or regional transportation authority
that Amtrak used to provide rail passenger transportation on
February 1, 1979, or on January 1, 1997, may be downgraded or
disposed of only after approval by the Secretary of
Transportation under this section.
(c) Notification and Analysis.--
(1) A rail carrier intending to downgrade or dispose
of a facility Amtrak currently is not using to provide
transportation shall notify Amtrak of its intention.
If, not later than 60 days after Amtrak receives the
notice, Amtrak and the carrier do not agree to retain
or maintain the facility or to convey an interest in
the facility to Amtrak, the carrier may apply to the
Secretary for approval to downgrade or dispose of the
facility.
(2) After a rail carrier notifies Amtrak of its
intention to downgrade or dispose of a facility, Amtrak
shall survey population centers with rail passenger
transportation facilities to assist in preparing a
valid and timely analysis of the need for the facility
and shall update the survey as appropriate. Amtrak also
shall maintain a system for collecting information
gathered in the survey. The system shall collect the
information based on geographic regions and on whether
the facility would be part of a short haul or long haul
route. The survey should facilitate an analysis of--
(A) ridership potential by ascertaining
existing and changing travel patterns that
would provide maximum efficient rail passenger
transportation;
(B) the quality of transportation of
competitors or likely competitors;
(C) the likelihood of Amtrak offering
transportation at a competitive fare;
(D) opportunities to target advertising and
fares to potential classes of riders;
(E) economic characteristics of rail
passenger transportation related to the
facility and the extent to which the
characteristics are consistent with sound
economic principles of short haul or long haul
rail transportation; and
(F) the feasibility of applying effective
internal cost controls to the facility and
route served by the facility to improve the
ratio of passenger revenue to transportation
expenses (excluding maintenance of tracks,
structures, and equipment and depreciation).
(d) Approval of Application and Payment of Avoidable Costs.--
(1) If Amtrak does not object to an application not
later than 30 days after it is submitted, the Secretary
shall approve the application promptly.
(2) If Amtrak objects to an application, the
Secretary shall decide by not later than 180 days after
the objection those costs the rail carrier may avoid if
it does not have to retain or maintain a facility in
the condition Amtrak requests. If Amtrak does not agree
by not later than 60 days after the decision to pay the
carrier these avoidable costs, the Secretary shall
approve the application. When deciding whether to pay a
carrier the avoidable costs of retaining or maintaining
a facility, Amtrak shall consider--
(A) the potential importance of restoring
rail passenger transportation on the route on
which the facility is located;
(B) the market potential of the route;
(C) the availability, adequacy, and energy
efficiency of an alternate rail line or
alternate mode of transportation to provide
passenger transportation to or near the places
that would be served by the route;
(D) the extent to which major population
centers would be served by the route;
(E) the extent to which providing
transportation over the route would encourage
the expansion of an intercity rail passenger
system in the United States; and
(F) the possibility of increased ridership
on a rail line that connects with the route.
(e) Compliance with Other Obligations.--Downgrading or
disposing of a facility under this section does not relieve a
rail carrier from complying with its other common carrier or
legal obligations related to the facility.
[Sec. 24310. Assistance for upgrading facilities
[(a) To Correct Dangerous Conditions.--
[(1) Amtrak or the owner of a facility presenting a
danger to the employees, passengers, or property of
Amtrak may petition the Secretary of Transportation for
assistance to the owner for relocation or other
measures undertaken after December 31, 1977, to
minimize or eliminate the danger.
[(2) The Secretary shall recommend to Congress that
Congress authorize amounts for the relocation or other
measures if the Secretary decides that--
[(A) the facility presents a danger of death
or serious injury to an employee or passenger
or of serious damage to that property; and
[(B) the owner should not be expected to bear
the cost of that relocation or other measures.
[(b) To Correct State and Local Violations.--
[(1) Amtrak, by itself or jointly with an owner or
operator of a rail station Amtrak uses to provide rail
passenger transportation, may apply to the Secretary
for amounts that may be appropriated under paragraph
(2) of this subsection to pay or reimburse expenses
incurred after October 1, 1987, related to the station
complying with an official notice received before
October 1, 1987, from a State or local authority
stating that the station violates or allegedly violates
the building, construction, fire, electric, sanitation,
mechanical, or plumbing code.
[(2) Not more than $1,000,000, may be appropriated to
the Secretary to carry out paragraph (1) of this
subsection. Amounts appropriated under this paragraph
remain available until expended.]
SUBTITLE V--RAIL PROGRAMS
Part C. Passenger Transportation
Chapter 243. AMTRAK
Sec. 24312. Labor standards
(a) Prevailing Wages and Health and Safety Standards.--[(1)]
Amtrak shall ensure that laborers and mechanics employed by
contractors and subcontractors in construction work financed
under an agreement made under section 24308(a)[, 24701(a),] or
24704(b)(2) of this title will be paid wages not less than
those prevailing on similar construction in the locality, as
determined by the Secretary of Labor under the Act of March 3,
1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a--276a-5).
Amtrak may make such an agreement only after being assured that
required labor standards will be maintained on the construction
work. Health and safety standards prescribed by the Secretary
under section 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 333) apply to all construction work
performed under such an agreement, except for construction work
performed by a rail carrier.
[(2)] (b) Wage rates in a collective bargaining agreement
negotiated under the Railway Labor Act (45 U.S.C. 151 et seq.)
are deemed to comply with the Act of March 3, 1931 (known as
the Davis-Bacon Act) (40 U.S.C. 276a 276a-5).
[(b) Contracting Out.--
[(1) Amtrak may not contract out work normally
performed by an employee in 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, if
contracting out results in the layoff of an employee in
the bargaining unit.
[(2) This subsection does not apply to food and
beverage services provided on trains of Amtrak.]
[Sec. 24314. Demonstration of new technology
[(a) Plan.--Amtrak shall develop a plan for demonstrating new
technology in rail passenger equipment. The plan shall provide
that new equipment that Amtrak procures that may increase train
speed significantly over existing rail facilities shall be
demonstrated, to the extent practicable, throughout the
intercity rail passenger system.
[(b) Report.--Not later than September 30, 1993, Amtrak shall
submit to the committee on Energy and Commerce of the House of
Representatives and the committee on Commerce, Science, and
Transportation of the Senate a report summarizing the plan
developed under subsection (a) of this section, including its
goals, locations for technology demonstration, and a schedule
for carrying out the plan.
[(c) Cooperation.--To make efforts to increase train speed
throughout the intercity rail passenger system easier, Amtrak
shall consult and cooperate, to the extent feasible, on request
of eligible applicants proposing a technology demonstration
authorized and financed under a law of the United States, with
those applicants.]
Sec. 24315. Reports and audits
(a) Amtrak Annual Operations Report.--Not later than February
15 of each year, Amtrak shall submit to Congress a report
that--
(1) for each route on which Amtrak provided intercity
rail passenger transportation during the prior fiscal
year, includes information on--
(A) ridership;
(B) passenger-miles;
(C) the short-term avoidable profit or loss
for each passenger-mile;
(D) the revenue-to-cost ratio;
(E) revenues;
(F) the United States Government subsidy;
(G) the subsidy not provided by the United
States Government; and
(H) on-time performance;
(2) provides relevant information about a decision to
pay an officer of Amtrak more than the rate for level I
of the Executive Schedule under section 5312 of title
5; and
(3) specifies--
(A) significant operational problems Amtrak
identifies; and
(B) proposals by Amtrak to solve those
problems.
(b) Amtrak General and Legislative Annual Report.--
(1) Not later than February 15 of each year, Amtrak
shall submit to the president and Congress a complete
report of its operations, activities, and
accomplishments, including a statement of revenues and
expenditures for the prior fiscal year. The report--
(A) shall include a discussion and accounting
of Amtrak's success in meeting the goal of
section 24902(b) of this title; and
(B) may include recommendations for
legislation, including the amount of financial
assistance needed for operations and capital
improvements, the method of computing the
assistance, and the sources of the assistance.
(2) Amtrak may submit reports to the President and
Congress at other times Amtrak considers desirable.
(c) Secretary's Report on Effectiveness of this Part.--The
Secretary of Transportation shall prepare a report on the
effectiveness of this part in meeting the requirements for a
balanced transportation system in the United States. The report
may include recommendations for legislation. The Secretary
shall include this report as part of the annual report the
Secretary submits under section 308 (a) of this title.
(d) Independent Audits.--An independent certified public
accountant shall audit the financial statements of Amtrak each
year. The audit shall be carried out at the place at which the
financial statements normally are kept and under generally
accepted auditing standards. A report of the audit shall be
included in the report required by subsection (a) of this
section.
(e) Comptroller General Audits.--The Comptroller General may
conduct performance audits of the activities and transactions
of Amtrak. Each audit shall be conducted at the place at which
the Comptroller General decides and under generally accepted
management principles. The Comptroller General may prescribe
regulations governing the audit.
(f) Availability of Records and Property of Amtrak and Rail
Carriers.--Amtrak and, if required by the Comptroller General,
a rail carrier with which Amtrak has made a contract for
intercity rail passenger transportation shall make available
for an audit under subsection (d) or (e) of this section all
records and property of, or used by, Amtrak or the carrier that
are necessary for the audit. Amtrak and the carrier shall
provide facilities for verifying transactions with the balances
or securities held by depositories, fiscal agents, and
custodians. Amtrak and the carrier may keep all reports and
property.
(g) Comptroller General's Report to Congress.--The
Comptroller General shall submit to Congress a report on each
audit,giving comments and information necessary to inform
Congress on the financial operations and condition of Amtrak and
recommendations related to those operations and conditions. The report
also shall specify any financial transaction or undertaking the
Comptroller General considers is carried out without authority of law.
When the Comptroller General submits a report to Congress, the
Comptroller General shall submit a copy of it to the President, the
Secretary, and Amtrak at the same time.
(h) Access to Records and Accounts.--A State shall have
access to Amtrak's records, accounts, and other necessary
documents used to determine the amount of any payment to Amtrak
required of the State.
[Chapter 245--Amtrak Commuter
[Sec.
[24501. Status and applicable laws.
[24502. Board of directors.
[24503. Officers.
[24504. General authority.
[24505. Commuter rail passenger transportation.
[24506. Certain duties and powers unaffected.
[Sec. 24501. Status and applicable laws
[(a) Status.--Amtrak Commuter--
[(1) is a wholly-owned subsidiary of Amtrak;
[(2) provides by contract commuter rail passenger
transportation for a commuter authority with which
Amtrak Commuter makes a contract to provide the
transportation under this chapter;
[(3) has no common carrier obligations to provide
rail passenger or rail freight transportation; and
[(4) is not a department, agency, or instrumentality
of the United States Government.
[(b) Application of Safety and Employee Relations Laws and
Regulations.--Chapter 105 of this title does not apply to
Amtrak Commuter. However, laws and regulations governing
safety, employee representation for collective bargaining
purposes, the handling of disputes between carriers and
employees, employee retirement, annuity, and unemployment
systems, and other dealings with employees that apply to a rail
carrier providing transportation subject to subchapter I of
chapter 105 apply to Amtrak Commuter.
[(c) Application of Certain Additional Laws.--This part and,
to the extent consistent with this part, the District of
Columbia Business Corporation Act (D.C. Code Sec. 29--301 et
seq.) apply to Amtrak Commuter.
[(d) Nonapplication of Rate, Route, and Service Laws.--4 A
State or other law related to rates, routes, or service in
connection with rail passenger transportation does not apply to
Amtrak Commuter.
[(e) Preemption Related to Employee Work Requirements.--A
State may not adopt or continue in force a law, rule,
regulation, order, or standard requiring Amtrak Commuter to
employ a specified number of individuals to perform a
particular task, function, or operation.
[(f) Exemption From Additional Taxes.--
[(1) In this subsection--
[(A) ``additional tax'' means a tax or fee--
[(i) on the acquisition, improvement,
ownership, or operation of personal
property by Amtrak Commuter; and
[(ii) on real property, except a tax
or fee on the acquisition of real
property or on the value of real
property not attributable to
improvements made, or the operation of
those improvements, by Amtrak Commuter.
[(B) ``Amtrak Commuter'' includes a rail
carrier subsidiary of Amtrak Commuter and a
lessor or lessee of Amtrak Commuter or one of
its rail carrier subsidiaries.
[(2) Amtrak Commuter is not required to pay an
additional tax because of an expenditure to acquire or
improve real property, equipment, a facility, or right-
of-way material or structures used to provide rail
passenger transportation, even if that use is indirect.
[(g) Tax Exemption for Certain Commuter Authorities.--A
commuter authority with which Amtrak Commuter could have made a
contract to provide commuter rail passenger transportation
under this chapter but which decided to provide its own rail
passenger transportation beginning on January 1, 1983, is
exempt, effective October 1, 1981, from paying a tax or fee to
the same extent Amtrak is exempt.
[(h) Nonapplication of Agreements for Financial Support and
Trackage Rights.--An agreement under which financial support
was provided on January 2, 1974, to a commuter authority to
continue rail passenger transportation does not apply to Amtrak
Commuter. However, Amtrak and the Consolidated Rail Corporation
retain appropriate trackage rights over rail property owned or
leased by the authority. Compensation for the rights shall be
reasonable.
[Sec. 24502. Board of directors
[(a) Composition.--The board of directors of Amtrak Commuter
is composed of the following directors:
[(1) the President of Amtrak Commuter.
[(2) one individual from the board of directors of
Amtrak selected as a representative of commuter
authorities that make contracts with Amtrak Commuter
for the operation of commuter rail passenger
transportation.
[(3) 2 individuals selected by the board of directors
of Amtrak.
[(4) 2 individuals selected by commuter authorities
for which Amtrak Commuter provides commuter rail
transportation under this chapter. However, only one
individual shall be selected under this clause if
Amtrak Commuter provides the transportation for only
one authority.
[(b) Terms.--Except as otherwise provided in this section,
individuals shall serve for 2 years.
[(c) Chairman.--The board shall select annually one of its
members to serve as Chairman.
[(d) Pay and expenses.--Each director not employed by the
United States Government is entitled to $300 a day when
performing board duties and powers. Each director is entitled
to reimbursement for necessary travel, reasonable secretarial
and professional staff support, and subsistence expenses
incurred in attending board meetings.
[(e) Vacancies.--A vacancy on the board is filled in the same
way as the original selection.
[(f) Bylaws.--The board may adopt and amend bylaws governing
the operation of Amtrak Commuter. The bylaws shall be
consistent with this part and the articles of incorporation.]
[Sec. 24503. Officers
[(a) Appointment and Terms.--Amtrak Commuter has a President
and other officers that are named and appointed by the board of
directors of Amtrak commuter. An officer of Amtrak Commuter
must be a citizen of the United States. Officers of Amtrak
Commuter serve at the pleasure of the board.
[(b) Pay.--The board may fix the pay of the officers of
Amtrak Commuter. An officer may be paid not more than the
general level of pay for officers of rail carriers with
comparable responsibility.
[(c) Conflicts of Interest.--When employed by Amtrak
Commuter, an officer may not have a financial or employment
relationship with a rail carrier, except that holding
securities issued by a rail carrier is not deemed to be a
violation of this subsection if the officer holding the
securities makes a complete public disclosure of the holdings
and does not participate in any decision directly affecting the
rail carrier.
[Sec. 24504. General authority
[(a) General.--Amtrak Commuter may--
[(1) acquire, operate, maintain, and make contracts
for the operation of equipment and facilities necessary
for commuter rail passenger transportation;
[(2) conduct research and development related to the
mission of Amtrak Commuter; and
[(3) issue common stock to Amtrak.
[(b) Operation and Control.--To the extent consistent with
this part and with an agreement with a commuter authority,
Amtrak Commuter shall operate and control all aspects of the
commuter rail passenger transportation it provides.
[(c) Agreement to Avoid Duplicating Employee Functions.--To
the maximum extent practicable, Amtrak Commuter and Amtrak
shall make an agreement that avoids duplicating employee
functions and voluntarily establishes a consolidated work
force.]
[Sec. 24505. Commuter rail passenger transportation
[(a) General Authority.--Amtrak Commuter--
[(1) shall provide commuter rail passenger
transportation that the Consolidated Rail Corporation
was obligated to provide on August 13, 1981, under
section 303(b)(2) or 304(e) of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 743(b)(2),
744(e)); and
[(2) may provide other commuter rail passenger
transportation if the commuter authority for which the
transportationwill be provided offers to provide a
commuter rail passenger transportation payment equal to the--
[(A) avoidable costs of providing the
transportation (including the avoidable cost of
necessary capital improvements) and a
reasonable return on the value; less
[(B) revenue attributable to the
transportation.
[(b) Offer Requirements.--
[(1) A commuter authority making an offer under
subsection (a)(2) of this section shall--
[(A) show that it has obtained access to all
rail property necessary to provide the
additional commuter rail passenger
transportation; and
[(B) make the offer according to regulations
the Rail Services Planning Office prescribes
under section 10362(b)(5)(A) and (6) of this
title.
[(2) The Office may revise and update the regulations
when necessary to carry out this section.
[(c) Additional Employee Requirements.--Additional employee
requirements shall be met through existing seniority
arrangements agreed to in the implementing agreement negotiated
under section 508 of the Rail Passenger Service Act.
[(d) When Obligation Does Not Apply.--Amtrak Commuter is not
obligated to provide commuter rail passenger transportation if
a commuter authority provides the transportation or makes a
contract under which a person, except Amtrak Commuter, will
provide the transportation. When appropriate, Amtrak Commuter
shall give the authority or person access to the rail property
needed to provide the transportation.
[(e) Discontinuance of Commuter Rail Passenger
Transportation.--
[(1) Amtrak Commuter may discontinue commuter rail
passenger transportation provided under this section on
60 days' notice if--
[(A) a commuter authority does not offer a
commuter rail passenger transportation payment
under subsection (a)(2) of this section; or
[(B) a payment is not paid when due.
[(2) The Office shall prescribe regulations on the
necessary contents of the notice required under this
subsection.
[(f) Compensation for Right-of-way Related Costs.--
Compensation by a commuter authority to Amtrak or Amtrak
Commuter for right-of-way related costs for transportation over
property Amtrak owns shall be determined under a method the
Interstate Commerce Commission establishes under section 1163
of the Omnibus Budget Reconciliation Act of 1981 (45 U.S.C.
1111) or to which the parties agree.
[(g) Application of Other Laws.--All laws related to commuter
rail passenger transportation apply to a commuter authority
providing commuter rail passenger transportation under this
section.]
[Sec. 24506. Certain duties and powers unaffected
[This chapter does not affect a duty or power of the
Consolidated Rail Corporation or its successor and any bi-state
commuter authority under an agreement, lease, or contract under
which property was conveyed to the Corporation under the
Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et
seq.).]
[Sec. 24701. Operation of basic system
[(a) By Amtrak.--Amtrak shall provide intercity rail
passenger transportation within the basic system unless the
transportation is provided by--
[(1) a rail carrier with which Amtrak did not make a
contract under section 401(a) of the Rail Passenger
Service Act; or
[(2) a regional transportation authority under
contract with Amtrak.
[(b) By Others with Consent of Amtrak.--Except as provided in
section 24306 of this title, a person may provide intercity
rail passenger transportation over a route over which Amtrak
provides scheduled intercity rail passenger transportation
under a contract under section 401(a) of the Act only with the
consent of Amtrak.]
Sec. 24701. Operation of basic system
Amtrak shall provide intercity rail passenger transportation
within the basic system. Amtrak shall strive to operate as a
national rail passenger transportation system which provides
access to all areas of the country and ties together existing
and emergent regional rail passenger corridors and other
intermodal passenger service.
[Sec. 24702. Improving rail passenger transportation
[(a) Plan to Improve Transportation.--Amtrak shall continue
to carry out its plan, submitted under section 305(f) of the
Rail Passenger Service Act, to improve intercity rail passenger
transportation provided in the basic system. The plan shall
include--
[(1) a zero-based assessment of all operating
practices;
[(2) changes to achieve the minimum use of employees
consistent with safe operations and adequate
transportation;
[(3) a systematic program for achieving the greatest
ratio of train size to passenger demand;
[(4) a systematic program to reduce trip time in the
basic system;
[(5) establishing training programs to achieve on-
time departures;
[(6) establishing priorities for passenger trains
over freight trains;
[(7) adjusting the buying and pricing of food and
beverages so that food and beverage services ultimately
will be profitable;
[(8) cooperative marketing opportunities between
Amtrak and governmental authorities that have intercity
rail passenger transportation; and
[(9) cooperative marketing campaigns sponsored by
Amtrak and the Secretary of Energy, the Administrator
of the Federal Highway Administration, and the
Administrator of the Environmental Protection Agency.
[(b) State and Local Speed Restrictions.--Amtrak shall--
[(1) identify any speed restriction a State or local
government imposes on a train of Amtrak that Amtrak
decides impedes Amtrak from achieving high-speed
intercity rail passenger transportation; and
[(2) consult with that State or local government--
[(A) to evaluate alternatives to the speed
restriction, considering the local safety
hazard that is the basis for the restriction;
and
[(B) to consider modifying or eliminating the
restriction to allow safe operation at higher
speeds.
[(c) High-speed Rail Transportation Development.--On
reasonable request by a State, political subdivision of a
State, regional partnership, private sector representative, or
other qualified person, Amtrak shall consult and cooperate to
the extent feasible with that person to assist the efforts of
that person to achieve high-speed rail transportation through
equipment upgrades, grade-crossing safety improvements, and
incremental infrastructure improvements on existing rail
facilities that Amtrak uses (except the Northeast Corridor
facilities). Not later than September 30, 1993, Amtrak shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on its efforts under this
subsection.
[(d) Routes Connecting Corridors.--Amtrak shall begin or
improve appropriate rail passenger transportation on a route
between corridors that Amtrak decides is justified because it
will increase ridership on trains of Amtrak on the route and in
the connecting corridors.]
[Sec. 24703. Route and service criteria
[(a) Route Discontinuances and Additions.--Except as provided
in this part, route discontinuances and route additions shall
comply with the route and service criteria.
[(b) Congressional Review of Criteria Amendments.--
[(1) Amtrak shall submit to Congress a draft of an
amendment to the route and service criteria when Amtrak
decides an amendment is appropriate. The amendment is
effective at the end of the first period of 120
calendar days of continuous session of Congress after
it is submitted unless there is enacted into law during
the period a joint resolution stating Congress does not
approve the amendment.
[(2) In this subsection--
[(A) a continuous session of Congress is
broken only by an adjournment sine die; and
[(B) the 120-day period does not include days
on which either House is not in session because
of adjournment of more than 3 days to a day
certain.
[(c) Nonapplication.--The route and service criteria do not
apply to--
[(1) increasing or, because of construction schedules
or other temporary disruptive facts or seasonal
fluctuations in ridership, decreasing the number of
trains on an existing route or a part of an existing
route or on a route on which additional trains are
being tested;
[(2) carrying out the recommendations developed under
section 4 of the Amtrak Improvement Act of 1978;
[(3) rerouting transportation between major
population centers on an existing route; or
[(4) (A) modifying transportation operations under
section 24707(a) of this title; and
[(B) modifying the route system or discontinuing
transportation under section 24707(b) of this title.]
[Sec. 24705. Additional qualifying routes
[(a) Routes Recommended for Discontinuance.--
[(1) To maintain a national intercity rail passenger
system in the United states and if a reduction in
operating expenses can be achieved, Amtrak shall
provide rail passenger transportation over each route
the Secretary of Transportation recommended be
discontinued under section 4 of the Amtrak Improvement
Act of 1978 and may restructure a route to serve a
major population center as an ending place or principal
intermediate place. Transportation over a long distance
route shall be maintained if the Amtrak estimate for
the fiscal year ending September 30, 1980, was that the
short term avoidable loss for each passenger mile on
the route was not more than 7 cents. Transportation
over a short distance route shall be maintained if the
Amtrak estimate for the fiscal year ending September
30, 1980, was that the short term avoidable loss for
each passenger mile on the route was not more than 9
cents.
[(2) For all routes, Amtrak shall calculate short
term avoidable loss for each passenger-mile based on
consistently defined factors. Calculations shall be
based on the most recent available statistics for a 90-
day period, except that Amtrak may use historical
information adjusted to reflect the most recent
available statistics.
[(b) Deferral of Secretary's Recommendations.--
[(1) To provide equivalent or improved transportation
consistent with the goals of section 4(a) of the Act,
Amtrak may defer carrying out a recommendation the
Secretary under section 4 of the Act that requires
providing transportation over a rail line not used in
intercity rail passenger transportation on May 24,
1979, requires using a new facility, or requires making
a new labor agreement, until any necessary capital
improvements are made in the line or facility or the
agreement is made.
[(2) Notwithstanding another law and the route and
service criteria, during the period a decision of the
Secretary under section 4 of the Act is deferred,
Amtrak shall provide substitute transportation over
existing routes recommended for restructuring and over
other existing feasible routes. Except for
transportation concentrating on commuter ridership over
a short haul route, transportation provided under this
paragraph may be provided only if the route complies
with subsection (a) of this section, adjusted to
reflect constant 1979 dollars.
[(c) Short Haul Demonstration Routes.--Notwithstanding this
part, Amtrak may provide short haul trains on additional routes
totaling not more than 200 miles that link at least 2 major
metropolitan are as--
[(1) on a demonstration basis to establish the
feasibility and benefits of the transportation; and
[(2) to the extent available resources allow.
[(d) Routes Discontinued by Rail Carriers.--Amtrak may
undertake to provide rail passenger transportation between
places served by a rail carrier filing a notice of
discontinuance under section 10908 or 10909 of this title.]
Sec. 24706. Discontinuance
(a) Notice of Discontinuance.--
(1) Except as provided in subsection (b) of this
section, at least [90 days] 180 days before a
discontinuance under section 24704 or [24707 (a) or (b)
of this title,] discontinuing service over a route,
Amtrak shall give notice of the discontinuance in the
way Amtrak decides will give a State, a regional or
local authority, or another person the opportunity to
agree to share or assume the cost of any part of the
train, route, or service to be discontinued.
(2) Notice of the discontinuance under section 24704
or [24707 (a) or (b) of this title] paragraph (1) shall
be posted in all stations served by the train to be
discontinued at least 14 days before the
discontinuance.
(b) Discontinuance for Lack of Appropriations.--
(1) Amtrak may discontinue service under section
24704 or [24707 (a) or (b) of this title] paragraph (1)
during--
(A) the first month of a fiscal year if the
authorization of appropriations and the
appropriations for Amtrak are not enacted at
least 90 days before the beginning of the
fiscal year; and
(B) the 30 days following enactment of an
appropriation for Amtrak or a rescission of an
appropriation.
(2) Amtrak shall notify each affected State or
regional or local transportation authority of a
discontinuance under this subsection as soon as
possible after Amtrak decides to discontinue the
service.
[(c) Employee Protective Arrangements.--
[(1) Amtrak or a rail carrier (including a terminal
company) shall provide fair and equitable arrangements
to protect the interests of employees of Amtrak or a
rail carrier, as the case may be, affected by a
discontinuance of intercity rail passenger service,
including a discontinuance of service provided by a
railcarrier under a facility or service agreement under
section 24308(a) of this title under a modification or
ending of the agreement or because Amtrak begins
providing that service. Arrangements shall include
provisions that may be necessary for--
[(A) the preservation of rights, privileges,
and benefits (including continuation of pension
rights and benefits) under existing collective
bargaining agreements or otherwise;
[(B) the continuation of collective
bargaining rights;
[(C) the protection of individual employees
against a worsening of their positions related
to employment;
[(D) assurances of priority of reemployment
of employees whose employment is ended or who
are laid off; and
[(E) paid training and retraining programs.
[(2) With respect to Amtrak's obligations under this
subsection and in an agreement to carry out this
subsection involving only Amtrak and its employees, a
discontinuance of intercity rail passenger service does
not include an adjustmentin frequency, or seasonal
suspension of intercity rail passenger trains that causes a temporary
suspension of service, unless the adjustment or suspension reduces
passenger train operations on a particular route to fewer than 3 round
trips a week at any time during a calendar year.
[(3) Arrangements under this subsection shall provide
benefits at least equal to benefits established under
section 11347 of this title.
[(4) A contract under this chapter or section
24308(a) of this title shall specify the terms of
protective arrangements.
[(5) This subsection does not impose on Amtrak an
obligation of a rail carrier related to a right,
privilege, or benefit earned by an employee because of
previous service performed for the carrier.
[(6) This subsection does not apply to Amtrak
Commuter.]
[Sec. 24707. Cost and performance review
[(a) Route Reviews.--Amtrak shall review annually each route
in the basic system to decide if the route meets the long
distance or short distance route criterion, as appropriate,
under section 24705(a)(1) of this title, adjusted to reflect
constant 1979 dollars. The review shall include an evaluation
of the potential market demand for, and the cost of providing
transportation on, a part of the route and an alternative
route. Amtrak shall submit the results of the review to the
House of Representatives, the Senate, and the Secretary of
transportation. If Amtrak decides that a route will not meet
the criterion under section 24705(a)(1), as adjusted, Amtrak
shall modify or discontinue rail passenger transportation
operations on the route so that it will meet the criterion.
[(b) Financial Requirements and Performance Standards.--Not
later than 30 days after the beginning of each fiscal year,
Amtrak shall evaluate the financial requirements for operating
the basic system and the progress in achieving the system-wide
performance standards prescribed under this part during the
fiscal year. If Amtrak decides amounts available for the fiscal
year are not enough to meet estimated operating costs, or if
Amtrak estimates it cannot meet the performance standards,
Amtrak shall act to reduce costs and improve performance.
Action under this subsection shall be designed to continue the
maximum level of transportation practicable, including--
[(1) changing the frequency of transportation;
[(2) increasing fares;
[(3) reducing the cost of sleeper car and dining car
service on certain routes;
[(4) increasing the passenger capacity of cars used
on certain routes; and
[(5) modifying the route system or discontinuing
transportation over routes, considering short term
avoidable loss and the number of passengers served on
those routes.
[(c) Cost Limitations and Revenue Goals.--Annual costs of
Amtrak may not be more than amounts, including grants made
under section 24104 of this title, contributions of States,
regional and local authorities, and other persons, and
revenues, available to Amtrak in the fiscal year. Amtrak
annually shall set a goal of recovering an amount so that its
revenues, including contributions, is at least 61 percent of
its costs, except capital costs.
[(d) Conductor Reports.--To assess the operational
performance of trains, the president of Amtrak may direct the
conductor on any train of Amtrak to report to Amtrak any
inadequacy of train operation. The report shall be signed by
the conductor, contain sufficient information to locate
equipment or personnel failures, and be submitted promptly to
Amtrak.]
[Sec. 24708. Special commuter transportation
[(a) Transportation to be Continued if Criterion Met.--Amtrak
shall continue to provide rail passenger transportation
provided under section 403(d) of the rail Passenger Service Act
before October 1, 1981, if, after considering estimated fare
increases and State and local contributions to the
transportation, the transportation meets the short distance
route criterion under section 24705(a)(1) of this title, as
adjusted. Transportation continued under this section shall be
financed consistent with the method of financing in effect on
September 30, 1981. If the transportation is not estimated to
meet the criterion, as adjusted, Amtrak may modify or
discontinue the transportation so that the criterion is met.]
[(b) Transportation with Short-term Avoidable loss.--
Notwithstanding subsection (a) of this section, if after
September 30, 1993, and before October 1, 1995, transportation
provided under subsection (a) on a route during the prior 6
months has a short-term avoidable loss (excluding the cost of
providing passenger equipment needed to provide the
transportation), Amtrak may choose to consider modifying or
discontinuing the transportation. If Amtrak does make such a
choice, Amtrak shall solicit public comment for at least 30
days on alternatives to the modification or discontinuance. Not
later than 60 days after the comment period ends, Amtrak may
modify or discontinue the transportation so that there is no
short-term avoidable loss under this section for providing the
transportation on the route.]
CHAPTER 249. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
Sec. 24902. Goals and requirements
[(a) Northeast Corridor Improvement Plan.--To the extent of
amounts appropriated under section 24909 of this title, Amtrak
shall carry out a Northeast Corridor improvement program to
achieve the following goals:
[(1) establish not later than September 30, 1985,
regularly scheduled and dependable intercity rail
passenger transportation between--
[(A) Boston, Massachusetts, and New York, New
York, in not more than 3 hours and 40 minutes,
including intermediate stops; and
[(B) New York, New York, and the District of
Columbia, in not more than 2 hours and 40
minutes, including intermediate stops;
[(2) improve facilities, under route criteria
approved by Congress, on routes to Harrisburg,
Pennsylvania, Albany, New York, and Atlantic City, New
Jersey, from the Northeast Corridor main line, and to
Boston, Massachusetts, and NewHaven, Connecticut, from
Springfield, Massachusetts, to make those facilities more compatible
with improved high-speed transportation provided on the Northeast
Corridor main line;
[(3) improve nonoperational parts of stations,
related facilities, and fencing used in intercity rail
passenger transportation;
[(4) facilitate improvements in, and usage of,
commuter rail passenger, rail rapid transit, and local
public transportation, to the extent compatible with
clauses (1)--(3) of this subsection and subsections (f)
and (h) of this section;
[(5) maintain and improve rail freight transportation
in or adjacent to the Northeast Corridor and through-
freight transportation in the Northeast Corridor, to
the extent compatible with clauses (1)-(4) of this
subsection and subsections (f) and (h) of this section;
[(6) continue and improve passenger radio mobile
telephone service on high-speed rail passenger
transportation between Boston, Massachusetts, and the
District of Columbia, to the extent compatible with
clauses (1)--(3) of this subsection and subsections (f)
and (h) of this section; and
[(7) eliminate to the maximum extent practicable
congestion in rail freight and rail passenger
transportation at the Baltimore and Potomac Tunnel in
Baltimore, Maryland, by rehabilitating and improving
the tunnel and the rail lines approaching the tunnel.]
[(b)] (a) Managing Costs and Revenues.--Amtrak shall manage
its operating costs, pricing policies, and other factors with
the goal of having revenues derived each fiscal year from
providing intercity rail passenger transportation over the
Northeast Corridor route between the District of Columbia and
Boston, Massachusetts, equal at least the operating costs of
providing that transportation in that fiscal year.
[(c) Cost Sharing for Nonoperational Facilities.--
[(1) Fifty percent of the cost of improvements under
subsection (a)(3) of this section shall be paid by a
State, local or regional transportation authority or
other responsible party. However, Amtrak may finance
entirely a safety-related improvement.
[(2) When a part of the cost of improvements under
subsection (a)(3) of this section will be paid by a
responsible party under paragraph (1) of this
subsection, Amtrak may make an agreement with the party
under which Amtrak--
[(A) shall carry out the improvements with
amounts appropriated under section 24909 of
this title and the party shall reimburse
Amtrak; and
[(B) to the extent provided in an
appropriation law, may incur obligations for
contracts to carry out the improvements in
anticipation of reimbursement.
[(3) Amounts reimbursed to Amtrak under paragraph (2)
of this subsection shall be credited to the
appropriation originally charged for the cost of the
improvements and are available for further obligation.
[(d) Passenger Radio Mobile Telephone Service.--The President
and departments, agencies, and instrumentalities of the United
States Government shall assist Amtrak under subsection (a)(6)
of this section, subject to the Communications act of 1934 (47
U.S.C. 151 et seq.) and radio services standards, when the
Federal Communications Commission decides the assistance is in
the public interest, convenience, and necessity.]
[(e)] (b) Priorities in Selecting and Scheduling Projects.--
When selecting and scheduling specific projects, Amtrak shall
apply the following considerations, in the following order of
priority:
(1) Safety-related items should be completed before
other items because the safety of the passengers and
users of the Northeast Corridor is paramount.
(2) Activities that benefit the greatest number of
passengers should be completed before activities
involving fewer passengers.
(3) Reliability of intercity rail passenger
transportation must be emphasized.
(4) Trip-time requirements of this section must be
achieved to the extent compatible with the priorities
referred to in paragraphs (1)--(3) of this subsection.
(5) Improvements that will pay for the investment by
achieving lower operating or maintenance costs should
be carried out before other improvements.
(6) Construction operations should be scheduled so
that the fewest possible passengers are inconvenienced,
transportation is maintained, and the on-time
performance of Northeast Corridor commuter rail
passenger and rail freight transportation is optimized.
(7) Planning should focus on completing activities
that will provide immediate benefits to users of the
Northeast Corridor.
[(f)] (c) Compatibility With Future Improvements and
Production of Maximum Labor Benefits.--Improvements under this
section shall be compatible with future improvements in
transportation and shall produce the maximum labor benefit from
hiring individuals presently unemployed.
[(g)] (d) Automatic Train Control Systems.--A train operating
on the Northeast Corridor main line or between the main line
and Atlantic City shall be equipped with an automatic train
control system designed to slow or stop the train in response
to an external signal.
[(h)] (e) High-Speed Transportation.--If practicable, Amtrak
shall establish intercity rail passenger transportation in the
Northeast Corridor that carries out section 703(1)(E) of the
Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210, 90 Stat. 121).
[(i)] (f) Equipment Development.--Amtrak shall develop
economical and reliable equipment compatible with track,
operating, and marketing characteristics of the Northeast
Corridor, including the capability to meet reliable trip times
under section 703(1)(E) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210, 90 Stat. 121)
in regularly scheduled revenue transportation in the Corridor,
when the Northeast Corridor improvement program is completed.
Amtrak must decide that equipment complies with this subsection
before buying equipment withfinancial assistance of the
Government. Amtrak shall submit a request for an authorization of
appropriations for production of the equipment.
[(j)] (g) Agreements for Off-Corridor Routing of Rail Freight
Transportation.--
(1) Amtrak may make an agreement with a rail freight
carrier or a regional transportation authority under
which the carrier will carry out an alternate off-
corridor routing of rail freight transportation over
rail lines in the Northeast Corridor between the
District of Columbia and New York metropolitan areas,
including intermediate points. The agreement shall be
for at least 5 years.
(2) Amtrak shall apply to the Interstate Commerce
Commission for approval of the agreement and all
related agreements accompanying the application as soon
as the agreement is made. If the Commission finds that
approval is necessary to carry out this chapter, the
Commission shall approve the application and related
agreements not later than 90 days after receiving the
application.
(3) If an agreement is not made under paragraph (1)
of this subsection, Amtrak, with the consent of the
other parties, may apply to the Interstate Commerce
Commission. Not later than 90 days after the
application, the Commission shall decide on the terms
of an agreement if it decides that doing so is
necessary to carry out this chapter. The decision of
the Commission is binding on the other parties.
[(k)] (h) Coordination.--
(1) The Secretary of Transportation shall
coordinate--
(A) transportation programs related to the
Northeast Corridor to ensure that the programs
are integrated and consistent with the
Northeast Corridor improvement program; and
(B) amounts from departments, agencies, and
instrumentalities of the Government to achieve
urban redevelopment and revitalization in the
vicinity of urban rail stations in the
Northeast Corridor served by intercity and
commuter rail passenger transportation.
(2) If the Secretary finds significant noncompliance
with this section, the Secretary may deny financing to
a noncomplying program until the noncompliance is
corrected.
[(l)] (i) Completion.--Amtrak shall give the highest priority
to completing the program.
[(m)] (j) Applicable Procedures.--No State or local building,
zoning, subdivision, or similar or related law, nor any other
State or local law from which a project would be exempt if
undertaken by the Federal Government or an agency thereof
within a Federal enclave wherein Federal jurisdiction is
exclusive, including without limitation with respect to all
such laws referenced herein above requirements for permits,
actions, approvals or filings, shall apply in connection with
the construction, ownership, use, operation, financing,
leasing, conveying, mortgaging or enforcing a mortgage of (i)
any improvement undertaken by or for the benefit of Amtrak as
part of, or in furtherance of, the Northeast Corridor
Improvement Project (including without limitation maintenance,
service, inspection or similar facilities acquired, constructed
or used for high speed trainsets) or chapter 241, 243, or 247
of this title, or (ii) any land (and right, title or interest
created with respect thereto) on which such improvement is
located and adjoining, surrounding or any related land. These
exemptions shall remain in effect and be applicable with
respect to such land and improvements for the benefit of any
mortgagee before, upon and after coming into possession of such
improvements or land, any third party purchasers thereof in
foreclosure (or through a deed in lieu of foreclosure), and
their respective successors and assigns, in each case to the
extent the land or improvements are used, or held for use, for
railroad purposes or purposes accessory thereto. This
subsection (m) shall not apply to any improvement or related
land unless Amtrak receives a Federal operating subsidy in the
fiscal year in which Amtrak commits to or initiates such
improvement.
[Sec. 24903. Program master plan for Boston-New York main line
[(a) Contents.--Not later than October 27, 1993, in
consultation with Amtrak and the commuter and freight rail
carriers operating over the Northeast Corridor main line
between Boston, Massachusetts, and New York, New York, the
Secretary of Transportation shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a program master plan for a coordinated program of
improvements to that main line that will allow the
establishment of regularly scheduled, safe, and dependable rail
passenger transportation between Boston, Massachusetts, and New
York, New York, in not more than 3 hours, including
intermediate stops. The plan shall include--
[(1) a description of the implications of the
improvements for the regional transportation system,
including the probable effects on general travel trends
and on travel volumes in other transportation modes and
the implications for State and local governments in
achieving compliance with the Clean Air Act (42 U.S.C.
7401 et seq.);
[(2) an identification of the coordinated program of
improvements and the specific projects of that program,
including the estimated costs, schedules, timing, and
relationship of those projects with other projects;
[(3) an identification of the financial
responsibility for the specific projects of that
program and the sources of the amounts for the
projects;
[(4) an operating plan for the construction period of
the improvements that shows a coordinated approach to
scheduling intercity and commuter trains;
[(5) an operating plan for the coordinated scheduling
of intercity and commuter trains for the period after
the program is completed, including priority
scheduling, dispatching, and occupancy of tracks for
appropriately frequent, regularly scheduled intercity
rail passenger transportation between Boston,
Massachusetts, and New York, New York, in not more than
3 hours, including intermediate stops;
[(6) a comprehensive plan to control future
congestion in the Northeast Corridor attributable to
increases in intercity and commuter rail passenger
transportation;
[(7) an assessment of long-term operational safety
needs and a list of specific projects designed to
maximize operational safety; and
[(8) comments that Amtrak submits to the Secretary on
the plan.
[(b) Submitting Modifications of Plan to Congress.--The
Secretary shall submit to Congress any modification made to the
program master plan and comments that Amtrak submits on the
modification.]
CHAPTER 249. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
Sec. 24904. General authority
(a) General.--To carry out this chapter and the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak
may--
(1) acquire, maintain, and dispose of any interest in
property used to provide improved high-speed rail
transportation under section 24902 of this title;
(2) acquire, by condemnation or otherwise, any
interest in real property that Amtrak considers
necessary to carry out the goals of section 24902;
(3) provide for rail freight, intercity rail
passenger, and commuter rail passenger transportation
over property acquired under this section;
(4) improve rail rights of way between Boston,
Massachusetts, and the District of Columbia (including
the route through Springfield, Massachusetts, and
routes to Harrisburg, Pennsylvania, and Albany, New
York, from the Northeast Corridor main line) to achieve
the goals of section 24902 of providing improved high-
speed rail passenger transportation between Boston,
Massachusetts, and the District of Columbia, and
intermediate intercity markets;
(5) acquire, build, improve, and install passenger
stations, communications and electric power facilities
and equipment, public and private highway and
pedestrian crossings, and other facilities and
equipment necessary to provide improved high-speed rail
passenger transportation over rights of way improved
under clause (4) of this subsection;
(6) make agreements with other carriers and commuter
authorities to grant, acquire, or make arrangements for
rail freight or commuter rail passenger transportation
over, rights of way and facilities acquired under the
Regional Rail Reorganization Act of 1973 (45 U.S.C. 701
et seq.) and the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 801 et seq.);
(7) appoint a general manager of the Northeast
Corridor improvement program; and
(8) make agreements with telecommunications common
carriers, subject to the Communications Act of 1934 (47
U.S.C. 151 et seq.), to continue existing, and
establish new and improved, passenger radio mobile
telephone service in [the high-speed rail passenger
transportation area specified in section 24902(a)(1)
and (2)] a high-speed rail passenger transportation
area.
(b) Compensatory Agreements.--Rail freight and commuter rail
passenger transportation provided under subsection (a)(3) of
this section shall be provided under compensatory agreements
with the responsible carriers.
(c) Compensation for Transportation over Certain Rights of
Way and Facilities.--
(1) An agreement under subsection (a)(6) of this
section shall provide for reasonable reimbursement of
costs but may not cross-subsidize intercity rail
passenger, commuter rail passenger, and rail freight
transportation.
(2) If the parties do not agree, the Interstate
Commerce Commission shall order that the transportation
continue over facilities acquired under the Regional
Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.)
and the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 801 et seq.) and shall determine
compensation (without allowing cross-subsidization)
between intercity rail passenger and rail freight
transportation for the transportation not later than
120 days after the dispute is submitted. The Commission
shall assign to a rail freight carrier obtaining
transportation under this subsection the costs Amtrak
incurs only for the benefit of the carrier, plus a
proportionate share of all other costs of providing
transportation under this paragraph incurred for the
common benefit of Amtrak and the carrier. The
proportionate share shall be based on relative measures
of volume of car operations, tonnage, or other factors
that reasonably reflect the relative use of rail
property covered by this subsection.
(3) This subsection does not prevent the parties from
making an agreement under subsection (a)(6) of this
section after the Commission makes a decision under
this subsection.
CHAPTER 281--LAW ENFORCEMENT
Sec. 28103. Limitations on rail passenger transportation liability
(a) In General.--Notwithstanding any other statutory or
common law or public policy, or the nature of the conduct
giving rise to damages or liability, a contract between Amtrak
and its passengers, or private railroad car operators and their
passengers regarding claims for personal injury, death, or
damage to property arising from or in connection with the
provision of rail passenger transportation, or from or in
connection with any operations over or use of right-of-way or
facilities owned, leased, or maintained by Amtrak, or from or
in connection with any rail passenger transportation operations
over or rail passenger transportation use of right-of-way or
facilities owned, leased, or maintained by any high-speed
railroad authority or operator, any commuter authority or
operator, or any rail carrier shall be enforceable if--
(1) punitive or exemplary damages, where permitted,
are not limited to less than 2 times compensatory
damages awarded to any claimant by any State or Federal
court or administrative agency, or in any arbitration
proceeding, or in any other forum or $250,000,
whichever is greater;
(2) passengers are provided adequate notice of any
such contractual limitation or waiver or choice of
forum; and
(3) passengers are given an opportunity to purchase
supplemental insurance coverage when a ticket is
purchased or at point of departure.
(b) Claim Defined.--For purposes of this section, the term
``claim'' means a claim made directly or indirectly--
(1) against Amtrak, any high-speed railroad authority
or operator, any commuter authority or operator, or any
rail carrier or private rail car operators; or
(2) against an affiliate engaged in railroad
operations, officer, employee, or agent of, Amtrak, any
high-speed railroad authority or operator, any commuter
authority or operator, or any rail carrier.
(c) Special Rule.--Notwithstanding subsection (a)(1), if, in
any case in which death was caused, the law of the place where
the act or omission complained of occurred provides, or has
been construed to provide, for damages only punitive in nature,
a claimant may recover in a claim limited by this section for
actual or compensatory damages measured by the pecuniary
injuries, resulting from such death, to the persons for whose
benefit the action was brought, subject to the provisions of
subsection (a).