[House Report 118-510]
[From the U.S. Government Publishing Office]


118th Congress }                                          { Report 
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 118-510

======================================================================
 
                  THINK DIFFERENTLY TRANSPORTATION ACT

                                _______
                                

  May 14, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Graves of Missouri, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 6248]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 6248) to require Amtrak to report 
to Congress information on Amtrak compliance with the Americans 
with Disabilities Act of 1990 with respect to trains and 
stations, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Legislative History and Consideration............................     3
Committee Votes..................................................     4
Committee Oversight Findings and Recommendations.................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     5
Performance Goals and Objectives.................................     6
Duplication of Federal Programs..................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     7
    Section 1. Short title.......................................     7
    Section 2. Report on Amtrak ADA Compliance...................     7
Changes in Existing Law Made by the Bill, as Reported............     7

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Think Differently Transportation 
Act''.

SEC. 2. REPORT ON AMTRAK ADA COMPLIANCE.

  Section 24315(b) of title 49, United States Code, is amended--
          (1) in paragraph (1)--
                  (A) in subparagraph (B) by striking ``and'' at the 
                end;
                  (B) in subparagraph (C) by striking the period at the 
                end and inserting a semicolon; and
                  (C) by adding at the end the following:
          ``(D) shall include an action plan for bringing Amtrak rail 
        cars and Amtrak-served stations that are not in compliance with 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.) into compliance with such Act as required by the 
        settlement agreement entered into in 2020 between Amtrak and 
        the Department of Justice; and
          ``(E) shall include a status report on--
                          ``(i) Amtrak-served stations for which Amtrak 
                        is solely responsible for compliance with such 
                        Act based on a station assessment carried out 
                        by Amtrak, including a timeline for any 
                        required compliance with such Act, as required 
                        by the settlement agreement;
                          ``(ii) Amtrak-served stations for which 
                        Amtrak has a shared responsibility for 
                        compliance with such Act based on a station 
                        assessment carried out by Amtrak, including a 
                        timeline for any required compliance with such 
                        Act for the portions of the station for which 
                        Amtrak is the responsible party consistent with 
                        the terms of the settlement agreement, 
                        identifying who is responsible for compliance 
                        (and the status of the compliance of each 
                        responsible party with such Act) for such 
                        portions and the timeline for compliance in 
                        cases in which Amtrak is not the responsible 
                        party; and
                          ``(iii) the status of compliance with such 
                        Act for all Amtrak-served stations for which 
                        Amtrak is not the responsible party, nor is 
                        responsible for a portion of the station, and 
                        the entity or entities that have responsibility 
                        for compliance with such Act, based on a 
                        station assessment carried out by Amtrak or the 
                        party responsible under such Act.''; and
          (2) by adding at the end the following:
  ``(3) In this subsection, the term `station assessment' means a 
review of all components of a station including the building, platform, 
path to train, and parking areas, as required by the Access Board on 
the date of enactment of the Think Differently Transportation Act.''.

                         Purpose of Legislation

    The purpose of H.R. 6248 is to require Amtrak to report to 
Congress information on Amtrak compliance with the Americans 
with Disabilities Act of 1990 with respect to its trains and 
stations.

                  Background and Need for Legislation

    Amtrak serves approximately 515 stations in the United 
States and Canada. Of these stations, Amtrak is solely 
responsible for ensuring 147 stations comply with the Americans 
with Disabilities Act (ADA).\1\ For 238 stations, Amtrak splits 
responsibility with a third party, and at 130 stations Amtrak 
is not responsible for ADA compliance of any part of the 
station.\2\ Under a 2020 settlement agreement from the 
Department of Justice (DOJ), Amtrak is required to bring all 
stations and parts of stations for which Amtrak is the 
responsible party into compliance with the ADA.\3\ Amtrak 
remains out of full compliance with the American with 
Disabilities Act (ADA), which required Amtrak to bring all the 
stations it serves into ADA compliance within 20 years.\4\ As 
of July 2023, only 117 of the 385 stations, or 30 percent of 
stations, where Amtrak has sole or partial responsibility for 
ADA compliance are compliant with ADA standards.\5\
---------------------------------------------------------------------------
    \1\Amtrak, FY 24-29, Stations Appendices, Amtrak's Five-Year Plans, 
available at https://www.amtrak.com/content/dam/projects/dotcom/
english/public/documents/corporate/businessplan ning/Amtrak-Stations-
ALP-Appendices-FY24-29.pdf.
    \2\Id.
    \3\Press Release, Dep't of Justice, Justice Department Settles with 
Amtrak to Resolve Disability Discrimination Across its Intercity Rail, 
(Dec. 2, 2020), available at https://www.justice.gov/opa/pr/justice-
department-settles-amtrak-resolve-disability-discrimination-across-its-
intercity-rail (accessing the settlement agreement between the United 
States of America and the National Railroad Passenger Corporation 
(``Amtrak'')).
    \4\Amtrak Office of Inspector General, OIG-A-2023-012, Major 
Problems: Americans with Disabilities Act Program Progressing, but Face 
Some Challenges to Meeting Completion Goals (2023), available at 
https://amtrakoig.gov/sites/default/files/reports/OIG-A-2023-
012%20ADA.pdf [hereinafter OIG Report].
    \5\Id. at 2.
---------------------------------------------------------------------------
    In December of 2020, the DOJ initiated a civil suit against 
Amtrak following the 2010 missed deadline for full ADA 
compliance and multiple complaints with regards to lack of 
station accessibility.\6\ Amtrak and the DOJ came to a 
settlement agreement later that month that requires regular 
reporting to be publicly available on Amtrak's website.\7\
---------------------------------------------------------------------------
    \6\Complaint, U.S. v. The National Passenger Railroad Corporation 
(Amtrak), No. 1:20-cv-3503 (D.C. Cir. Dec. 2, 2020) available at 
https://www.ada.gov/amtrak_comp.html.
    \7\OIG Report, supra note 4.
---------------------------------------------------------------------------
    The Infrastructure Investment and Jobs Act (IIJA) $22 
billion in advance appropriations for Amtrak stipulates that 
funding is for capital projects including ``bringing Amtrak-
served stations to full compliance with the Americans with 
Disabilities Act'' and ``acquiring new passenger rolling stock 
to replace obsolete passenger equipment'' across the Amtrak 
network.\8\ In light of the $22 billion in advance 
appropriations for Amtrak that allows for funding at all of the 
stations Amtrak serves, Amtrak's newly purchased equipment and 
its plans for additional equipment, and that the DOJ consent 
decree only covers stations for which Amtrak is the responsible 
party under the ADA, this bill would require Amtrak to develop 
and submit an annual status report and action plan to Congress 
on bringing Amtrak rail cars and Amtrak-served stations into 
ADA compliance.
---------------------------------------------------------------------------
    \8\Pub. L. No. 117-58, 135 Stat. 1433, 1434.
---------------------------------------------------------------------------

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
118th Congress the following hearings were used to develop or 
consider H.R. 6248:
    On June 6, 2023, the Subcommittee on Railroads, Pipelines, 
and Hazardous Materials held a hearing entitled, ``Amtrak 
Operations: Examining the Challenges and Opportunities for 
Improving Efficiency and Service.'' At the hearing, Members 
received testimony from Stephen Gardner, Chief Executive 
Office, Amtrak, and Mitch Warren, Executive Director, Northeast 
Corridor Commission. The hearing witnesses discussed the 
current state of Amtrak and plans for growth for passenger 
rail.

                 Legislative History and Consideration

    H.R. 6248, the ``Think Differently Transportation Act,'' 
was introduced in the United States House of Representatives on 
November 6, 2023, by Mr. Molinaro of New York, with Mr. Payne, 
Jr. of New Jersey, Mr. Nehls of Texas, Ms. Norton of the 
District of Columbia, Mr. Pappas of New Hampshire, Mr. Carson 
of Indiana, and Mrs. Gonzalez-Colon of Puerto Rico as original 
cosponsors, and referred to the Committee on Transportation and 
Infrastructure. Within the Committee on Transportation and 
Infrastructure, H.R. 6248 was referred to the Subcommittee on 
Railroads, Pipelines, and Hazardous Materials. The Subcommittee 
on Railroads, Pipelines, and Hazardous Materials was discharged 
from further consideration of H.R. 6248 on January 31, 2024.
    The Committee considered H.R. 6248 on January 31, 2024, and 
ordered the measure to be favorably reported to the House, as 
amended, by voice vote.
    The following amendment was offered:
    An Amendment to H.R. 6248, offered by Mr. Payne of New 
Jersey (Payne 065); Page 1, line 7, strike ``(1)''. Page 2, 
before line 1, insert ``(1) in paragraph (1)--'' and 
redesignate the following paragraphs as subparagraphs. Page 2, 
line 13, strike ``, as applicable''. Page 2, line 17, strike 
``an assessment'' and insert ``a station assessment''. Page 2, 
beginning line 19, strike ``such Act consistent with the terms 
of the agreement described in subparagraph (D)'' and insert 
``such Act, as required by the settlement agreement''. Page 2, 
beginning line 24, strike ``an assessment'' and insert ``a 
station assessment''. Page 3, strike lines 5 through 11 and 
insert the following: ``identifying who is responsible for 
compliance (and the status of the compliance of each 
responsible party with such Act) for such portions and the 
timeline for compliance in cases in which Amtrak is not the 
responsible party; and''. Page 3, line 18, strike ``an 
assessment carried out by Amtrak'' and insert ``a station 
assessment carried out by Amtrak or the party responsible under 
such Act''. Page 3, line 19, strike the second period and 
insert ``; and''. Page 3, after line 19, insert the following: 
(2) by adding at the end the following: ``(3) In this 
subsection, the term `station assessment' means a review of all 
components of a station including the building, platform, path 
to train, and parking areas, as required by the Access Board 
the date of enactment of the Think Differently Transportation 
Act.''.; was AGREED TO by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.
    No recorded votes were requested on H.R. 6248.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 3(c)(1) of Rule 
XIII of the rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 6248 from the 
Director of the Congressional Budget Office:




    H.R. 6248 would require Amtrak to include the following 
information in its annual report to the Congress:
           An action plan to bring its rail cars and 
        the stations that it serves into compliance with the 
        Americans with Disabilities Act of 1990, and
           A status report on which stations served by 
        Amtrak are compliant with that law.
    Because Amtrak is considered a nonfederal entity, CBO 
estimates that enacting the bill would have no effect on the 
federal budget.
    The bill would expand an existing private-sector mandate as 
defined in the Unfunded Mandates Reform Act (UMRA) by requiring 
Amtrak to include additional information in its annual reports 
to the Congress. This would incrementally increase the cost of 
preparing those reports. CBO estimates the annual cost incurred 
by Amtrak from that requirement would be well below the 
threshold for private-sector mandates established in UMRA ($200 
million in 2024, adjusted annually for inflation).
    H.R. 6248 contains no intergovernmental mandates as defined 
in UMRA.
    The CBO staff contacts for this estimate are Kelly Durand 
(for federal costs) and Brandon Lever (for mandates). The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation is to 
develop an action plan to require Amtrak to report to Congress 
information on Amtrak compliance with the Americans with 
Disabilities Act of 1990 with respect to trains and stations.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 6248 establishes or reauthorizes a program of the 
Federal government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 6248 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section states that this Act may be cited as the 
``Think Differently Transportation Act.''

Section 2. Report on Amtrak ADA compliance

    This section orders that Amtrak shall include, within their 
annual report to the President and Congress, an action plan for 
bringing Amtrak rail cars and Amtrak-served stations into ADA 
compliance in accordance with the 2020 settlement agreement 
between Amtrak and the Department of Justice. The action plan 
must contain a status report on compliance for stations under 
Amtrak's sole and shared responsibility and must include a 
timeline for required compliance. The status report also must 
include the status of compliance of stations for which Amtrak 
is not the responsible party.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 49, UNITED STATES CODE




           *       *       *       *       *       *       *
SUBTITLE V--RAIL PROGRAMS

           *       *       *       *       *       *       *


PART C--PASSENGER TRANSPORTATION

           *       *       *       *       *       *       *


CHAPTER 243--AMTRAK

           *       *       *       *       *       *       *



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;
                  (H) on-time performance; and
                  (I) any change made to a route's or service's 
                frequency or station stops;
          (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 described in 
        section 24902(a);
          (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; [and]
          (C) shall incorporate the category described in 
        section 24319(c)(2)(C)[.];
          (D) shall include an action plan for bringing Amtrak 
        rail cars and Amtrak-served stations that are not in 
        compliance with the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12101 et seq.) into compliance with 
        such Act as required by the settlement agreement 
        entered into in 2020 between Amtrak and the Department 
        of Justice; and
          (E) shall include a status report on--
                  (i) Amtrak-served stations for which Amtrak 
                is solely responsible for compliance with such 
                Act based on a station assessment carried out 
                by Amtrak, including a timeline for any 
                required compliance with such Act, as required 
                by the settlement agreement;
                  (ii) Amtrak-served stations for which Amtrak 
                has a shared responsibility for compliance with 
                such Act based on a station assessment carried 
                out by Amtrak, including a timeline for any 
                required compliance with such Act for the 
                portions of the station for which Amtrak is the 
                responsible party consistent with the terms of 
                the settlement agreement, identifying who is 
                responsible for compliance (and the status of 
                the compliance of each responsible party with 
                such Act) for such portions and the timeline 
                for compliance in cases in which Amtrak is not 
                the responsible party; and
                  (iii) the status of compliance with such Act 
                for all Amtrak-served stations for which Amtrak 
                is not the responsible party, nor is 
                responsible for a portion of the station, and 
                the entity or entities that have responsibility 
                for compliance with such Act, based on a 
                station assessment carried out by Amtrak or the 
                party responsible under such Act.
  (2) Amtrak may submit reports to the President and Congress 
at other times Amtrak considers desirable.
  (3) In this subsection, the term ``station assessment'' means 
a review of all components of a station including the building, 
platform, path to train, and parking areas, as required by the 
Access Board on the date of enactment of the Think Differently 
Transportation Act.
  (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.

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