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TheWeekInCongress.com (TM) Week Ending November 2, 2007
S.294 A bill to reauthorize Amtrak, and for other purposes.
As has been the case with most Amtrak-related bills over the past several years, this bill focuses on Amtrak’s financial bottom line, improving management, administration and operations of the rail system, establishing policy regarding where Amtrak resources are best applied and improving security.
Amtrak financing and assets management. Amtrak, a government corporation, functions largely through appropriations to support its operations, pay its long-term debt and lease obligations, support its employee retirement annuities and conduct research. Grants are available through which Amtrak can contract to meet various aspects of its operations and needs.
Amtrak is directed to make agreements to restructure its long-term debt and capital leases. Self-sufficiency requirements, previously imposed requirements that linked funding to financial improvements, are repealed.
Operational and management reform and improvements The national rail passenger transportation system is defined as the Boston-Washington Northeast Corridor, high-speed corridors once improved for high-speed service, long-distance routes greater than 750 miles, short distance routes and non-Amtrak recipients of Federal capital funds. Amtrak may also develop, improve and restore non-high-speed intercity passenger rail services.
Amtrak must make all existing intercity rail stations readily accessible and usable by the disabled and is required to develop and implement a plan to improve on-board service.
Administration The Amtrak Reform Board is replaced with a board of directors. The new Board must implement a modern financial accounting reporting system that produces accurate and timely information and to develop a five-year financial plan. Amtrak is authorized to hire an independent financial consultant to assist in improving its financial accounting and reporting system and practices and to obtain services from an independent auditor to develop objective methods for intercity passenger routes and services. New metrics for measuring the performance and service quality of intercity operations are required.
Grant requests procedures must be improved and a 30-day approval process is ordered.
Operations The Surface Transportation Board is authorized to investigate causes of passenger train performance under 80% for any two consecutive calendar quarters, determine if delays or failure to achieve minimum standards is due to a rail carrier’s preference for other freight transportation rather than Amtrak, and assess damages for delays or failures.
Amtrak must evaluate the financial and operating performance of long distance passenger service and improve it. Long distance employee would be provided with transition assistance if a long distance service is ended.
A Northeast Corridor ‘good repair’ program is to be implemented and overseen by an advisory commission and safety committee.
Reports are required on the extent to which Amtrak can use bio-diesel fuel blends and on the implementation of provisions in the Act.
Intercity Passenger Rail Policy The Secretary of Transportation is authorized to make grants to an applicant, group of States, Interstate Compact or public agency to assist in financing the capital costs of facilities and equipment needed to provide intercity passenger rail transportation. States are authorized to prepare and maintain a state rail plan including a long-range investment program and will be provided assistance in developing measurable performance goals.
A research program is authorized include was to expand transportation of international trade traffic via ports and terminals and to meet seasonal freight needs. An advisory board will govern and recommend strategies.
Rail Security Homeland Security must establish a task force to complete a risk assessment of freight and passenger transportation and then develop specific prioritized recommendations for improving security. The plan must provide for adequate federal support, coordinate existing and planned security initiatives both public and private and provide for the continued movement of freight and passengers in the event of an attack.
Grants from DHS are required for system wide security upgrades to address security awareness, response, passenger evacuation training consistent with state plans. Grants will also be provided for fire and life safety improvements and infrastructure upgrades to tunnels in the Northeast Corridor. Funds are provided for preliminary design of options for a new tunnel to augment the capacity of the existing Baltimore tunnels.
Other grants will go to rail companies, universities and governments for activities to prevent and respond to acts of terrorism or sabotage. Rail security grants to Amtrak will be $45 million and $80 million will go for hazardous material rail security. Grants are also to be made to improve freight and intercity passenger rail security.
Amtrak is to produce a plan on how it will address the needs of families of passengers involved in rail passenger accidents on intercity routes that result in the loss of life. Amtrak’s liability for damages arising from its performance in preparing a passenger list or providing related information is limited in the bill. Homeland Security must report to Congress on the current system for preclearance and screening of rail and airline passengers and baggage as well as freight rail traffic between the US and Canada including rail passenger preclearance protocol.
A rail worker security training program is to be developed to prepare frontline workers for potential threat conditions within one year.
A whistle blowers program is to be established covering rail workers who have raised the issue of a perceived threat or refused to violate or assist in the violation of any regulation related to rail security and reported that.
All carriers transporting highly hazardous materials must develop security risk mitigation plans containing appropriate measures including alternative routs and temporary shipment suspension plans to address high consequence risk. Carriers must also have a plans when DHS issues a high or severe terror threat level. A program is to be developed to encourage equipping high hazard carriers with wireless communications technology.
Those who violate regulations or orders will be subject to civil penalties. A rail police officer of one carrier can be temporarily assigned to another rail carrier. States will receive approved regulation that will govern the establishment and operation of a rail police force. Sponsor: Rep. Frank Lautenberg (D-NJ) Vote: The motion to invoke cloture and proceed to final vote succeeded 79 to 13 RV 398. The bill passed the Senate 70 to 22 October 30, 2007 RV 400. Cost to the taxpayers: $11.6 billion over 6 years. “S. 294 would authorize the appropriation of about $8.9 billion for grants to Amtrak over the 2008-2012 period. This total includes $2.7 billion for operating expenses, $4.1 billion for capital projects, and $1.5 billion for the repayment of the principal and interest on its debt. The bill also includes $599 million to improve the safety of tunnels in Maryland, New York, and the District of Columbia, and to upgrade security throughout the Amtrak system.” “The bill would authorize the appropriation of $399 million over the 2008-2010 period for grants to rail carriers for improving security. That amount includes $300 million to upgrade the security of the national freight and passenger rail system by improving emergency communications, securing capital assets, and training employees. The bill also would authorize the appropriation of $99 million over the 2008-2010 period for grants to research and develop methods to improve the security of freight and intercity rail transportation” “S. 294 would authorize DOT to make grants to states for capital projects that would improve intercity rail service. For those grants, the bill would authorize the appropriation of $1.4 billion over the 2008-2012 period. Assuming appropriation of the specified amounts, CBO estimates those grants would cost $715 million over the 2008-2012 period and about $700 million after 2012” “Other Authorized Programs. Other provisions of the bill would authorize the appropriation of $50 million over the 2008-2012 period, including: $30 million for DOT to improve models for understanding railroad transportation and to study how railroad transportation could be improved; $5 million for the Federal Railroad Administration, Amtrak, and interested states to form a committee to develop standards for certain rail equipment. The bill would allow Amtrak and participating states to enter into agreements or establish a corporation for acquiring such equipment; $9 million for DHS to develop a program to encourage the use of wireless tracking systems for rail cars that are transporting certain hazardous materials; and $6 million for CBP to implement a program to prescreen individuals traveling by rail between Vancouver, Canada, and Seattle, Washington” “The bill would authorize the appropriation of $5 million to DHS in 2008 to complete a risk assessment of freight and passenger rail transportation and require the department to prepare subsequent annual updates to that assessment” “” Earmark Certification: ## All Rights Reserved. © 2007 TheWeekInCongress.com(TM) No reproduction, language translation or distribution without written permission from TheWeekInCongress.com.(TM)
MORE INFORMATION AMENDMENTS-Senate BACKGROUND AND NEED FOR THE BILL BACKGROUND AND NEEDSThe National Railroad Passenger Corporation, known as Amtrak, was formed as a non-governmental corporation in 1971 through the enactment of the Rail Passenger Service Act of 1970. Amtrak was established as a congressionally-chartered, for-profit corporation to relieve the then financially beleaguered private railroad sector of its common carrier obligations to offer intercity passenger transportation and to preserve and reinvigorate intercity passenger rail service throughout the Nation. Amtrak was initially capitalized with limited Federal funding and second-hand equipment acquired from the private railroads. Some predicted the railroad would operate without Federal support beginning in 1973, despite inheriting routes and services that were generally unprofitable when operated by the private railroads immediately preceding Amtrak's creation. This stated expectation of Amtrak's self-sufficiency, and even profitability, represented a unique Federal approach towards the financing of one of the Nation's major passenger transportation modes. While the country's highway network, aviation, and public transportation systems have received significant Federal capital and operating funding, Amtrak and intercity passenger rail have not received similar treatment. More than 35 years later, this approach--and the expectation of self-sufficiency--has proven to be ineffective and unrealistic, and has hindered the development of a world-class national passenger rail system able to fully meet the needs of the Nation in the 21st Century. While intercity passenger rail service patronage steadily declined in the United States following the second World War, recent increases in highway and aviation congestion, rising fuel costs, available rail capacity, and minimal environmental impacts have all made intercity passenger rail service a growing and increasingly important part of the Nation's multi-modal transportation system. Today, Amtrak serves nearly 25 million riders annually at more than 500 stations in 46 States on approximately 22,000 route miles. Amtrak's ticket revenues were $1.56 billion in Fiscal Year (FY) 2006--nearly 11 percent above FY 2005 levels--with total revenues slightly exceeding $2 billion and expenses at roughly $3 billion. Amtrak directly owns or operates 730 route miles, primarily between Massachusetts and Washington, D.C., on Amtrak's Northeast Corridor (NEC) and in the State of Michigan; several station facilities including Pennsylvania Station in New York, New York, and Chicago Union Station in Chicago, Illinois; and several major maintenance and repair facilities. In addition to infrastructure, Amtrak owns or leases hundreds of locomotives, thousands of railroad cars, and numerous pieces of maintenance of way equipment, vehicles, and other associated assets. Outside of the NEC, Amtrak operates over tracks owned by freight railroads through access rights provided by law and either owns or contracts for the use of station facilities. Amtrak's services can be classified into 4 distinct categories: NEC Services- Three classes of trains (Regional, Keystone, and high-speed Acela Express) offer service between city pairs along the NEC, serving the densely populated and congested Northeast. Ridership on these services accounted for roughly 38 percent of Amtrak's total ridership, while operations accounted for 53 percent of revenue and 29 percent of operating costs in 2006; Long Distance Services- Amtrak's long distance trains generally travel over 750 miles and connect different regions of the country, serving both major cities and sparsely populated rural areas where other transportation options are often limited. Ridership on these services accounted for roughly 15 percent of Amtrak's total ridership, while operations accounted for 26 percent of revenue and 43 percent of operating costs in 2006; Corridor Services- Amtrak's corridor services connect intra- or inter-state city pairs within 750 miles of each other. Amtrak generally receives some financial support from the States for the operational and capital costs of these services. Ridership on these services accounted for roughly 46 percent of Amtrak's total ridership, while operations accounted for 21 percent of revenue and 28 percent of operating costs in 2006; Commuter Services- Amtrak is also one of the Nation's largest providers of contract commuter service for State and regional authorities, providing services to rail commuter authorities in California, Maryland, Connecticut, Washington, and Virginia, and serving an additional 61.1 million people per year. Since Amtrak's inception, Congress has provided Federal funding for Amtrak's operational and capital needs, either directly to Amtrak or through a Department of Transportation (DOT) grant process, which is currently the case. Federal funding is provided through the annual appropriations process from discretionary funds and can vary significantly from year to year, depending on overall budget conditions and political support.
AMENDMENTS-Senate 1.
S.AMDT.97 to
S.294 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 2.
S.AMDT.3451 to
S.294 Of a perfecting nature. 3.
S.AMDT.3452 to
S.294 To amend the Internet Tax Freedom Act to make permanent the
moratorium on certain taxes relating to the Internet and to electronic
commerce. 4.
S.AMDT.3453 to
S.294 To prohibit Federal subsidies in excess of specified amounts on
any Amtrak train route. 5.
S.AMDT.3454 to
S.294 Of a perfecting nature. 6.
S.AMDT.3455 to
S.294 To strike the provisions repealing Amtrak's self-sufficiency
requirements. 7.
S.AMDT.3456 to
S.294 To remove the limitation on the number of Amtrak routes
available for competitive bid. 8. S.AMDT.3457 to S.294 To require the development of a strategic plan to facilitate expanded cross-border passenger rail service on the Amtrak Cascades route during the 2010 Olympic Games. In General.--Not later than December 31,
2009, the Secretary of Homeland Security shall provide comprehensive
preclearance inspections, including customs inspections, at the Pacific
Central Station in Vancouver, British Columbia, Canada, for passengers
traveling into the United States on the Amtrak passenger rail route that
travels between Vancouver, British Columbia, Canada, and Eugene, Oregon
(commonly known as ``Amtrak Cascades''). 9. S.AMDT.3458 to S.294 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text. In General.--Not later than December 31,
2009, the Secretary of Homeland Security shall provide comprehensive
preclearance inspections, including customs inspections, at the Pacific
Central Station in Vancouver, British Columbia, Canada, for passengers
traveling into the United States on the Amtrak passenger rail route that
travels between Vancouver, British Columbia, Canada, and Eugene, Oregon
(commonly known as ``Amtrak Cascades''). 10. S.AMDT.3459 to S.294 To require a report by the Inspector General of the Department of Transportation on service delays on the Coast Starlight and Amtrak Cascades routes. Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Department of Transportation shall submit to Congress a report that-- (1) describes service delays and the sources of such delays on-- (A) the Amtrak passenger rail route between Seattle, Washington, and Los Angeles, California (commonly known as the ``Coast Starlight''); and (B) the Amtrak passenger rail route between Vancouver, British Columbia, Canada, and Eugene, Oregon (commonly known as ``Amtrak Cascades''); and (2) contains recommendations for improving the on-time performance of such routes.
11.
S.AMDT.3460 to
S.294 To ensure that capital investment grants authorized under
section 24402 of title 49, United States Code, may be used for passenger
rail infrastructure. 12. S.AMDT.3461 to S.294 To direct the Government Accountability Office to conduct a study that compares passenger rail systems in certain developed countries. compares the passenger rail system in the United States with the passenger rail systems in Canada, Germany, Great Britain, and Japan. (b) Issues To Be Studied.--The study conducted under subsection (a) shall include a country-by-country comparison of-- (1) the development of high speed rail; (2) passenger rail operating costs; (3) the amount and payment source of rail line construction and maintenance costs; (4) the amount and payment source of station construction and maintenance costs; (5) passenger rail debt service costs; (6) passenger rail labor agreements and associated costs; (7) the net profit realized by the major passenger rail service providers in each of the 4 most recent quarters; (8) the percentage of the passenger rail system's costs that are paid from general government revenues 13.
S.AMDT.3462 to
S.294 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 14.
S.AMDT.3463 to
S.294 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 15.
S.AMDT.3464 to
S.294 To amend section 24101 of title 49, United States Code, to
clarify Amtrak's mission. 16.
S.AMDT.3465 to
S.294 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 17.
S.AMDT.3467 to
S.294 To require Amtrak to disclose the Federal subsidy of every
ticket sold for transportation on Amtrak. 18.
S.AMDT.3468 to
S.294 To increase competition in the American rail system by allowing
any qualified rail operator or transportation company to compete for
passenger rail service. 19.
S.AMDT.3469 to
S.294 To clarify the level of detail to be included in the modern
financial accounting and reporting system required under section 203. 20.
S.AMDT.3470 to
S.294 To require the Performance Improvement Plan to address reaching
financial solvency by eliminating routes and services that do not make a
profit. 21. S.AMDT.3472 to S.294 To require Amtrak to conduct a 1-time evaluation of passenger rail service between Chicago and Seattle through Southern Montana. Not later than 1 year after the date of enactment
of this Act, Amtrak shall conduct a 1-time evaluation of passenger rail
service between Chicago and Seattle, through Southern Montana (commonly
known as the ``North Coast Hiawatha Route''), which was operated by Amtrak
until 1979, using methodologies adopted under subsection (c), to determine
whether to reinstate passenger rail service along the North Coast Hiawatha
Route or along segments of such route, provided that such service will not
negatively impact existing Amtrak routes. 22.
S.AMDT.3473 to
S.294 To clarify that the Secretary of Transportation should favor
projects that involve the purchase of environmentally sensitive,
fuel-efficient, and cost-effective passenger rail equipment in selecting
projects to receive capital investment grants to support intercity
passenger rail service. 23.
S.AMDT.3474 to
S.294 To require Amtrak to regularly report to Congress on the profits
or losses relating to the provision of food and beverage service and to
limit such service on Amtrak rail lines that incur losses. 24.
S.AMDT.3475 to
S.294 To require Amtrak to publish a comprehensive annual financial
report that allocates revenues and costs among each of its routes. 25.
S.AMDT.3476 to
S.294 To require Amtrak to develop a plan to operate within budgetary
limits, including a longterm plan. 26.
S.AMDT.3477 to
S.294 To give additional consideration to States with limited Amtrak
service when considering new intercity passenger rail routes. 27.
S.AMDT.3478 to
S.294 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 28.
S.AMDT.3479 to
S.294 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 29.
S.AMDT.3480 to
S.294 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 30.
S.AMDT.3481 to
S.294 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 31.
S.AMDT.3482 to
S.294 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 32. S.AMDT.3483 to S.294 To encourage private sector funding of passenger trains. On page 58, lines 3 through 5, strike ``its
operation of trains funded by the private sector in order to minimize its
need for Federal subsidies.'' and insert ``the operation of trains funded
by, or in partnership with, private sector operators through competitive
contracting to minimize the need for Federal subsidies.''. 33.
S.AMDT.3484 to
S.294 To include private rail passenger operations on the Next
Generation Corridor Equipment Pool Committee. 34. S.AMDT.3485 to S.294 To provide a mission statement for Amtrak, and for other purposes. IN GENERAL.--The mission of Amtrak is to
provide efficient and effective intercity passenger rail mobility
consisting of high quality service that is trip-time competitive with
other intercity travel options. All measurements of Amtrak performance,
including decisions on whether, and to what extent, to provide operating
subsidies, shall be based on Amtrak's ability to carry out the mission. 35.
S.AMDT.3486 to
S.294 To require the rail cooperative research program to include
research designed to review rail crossing safety improvements, including
improvements using new safety technology. 36.
S.AMDT.3487 to
S.294 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 37. S.AMDT.3488 to S.294 To express the sense of the Senate regarding the need to maintain Amtrak as a national passenger rail system. (a) Findings.--The Senate makes the following findings: (1) In fiscal year 2007, 3,800,000 passengers traveled on Amtrak's long distance trains, an increase of 2.4 percent over fiscal year 2006. (2) Amtrak long-distance routes generated $376,000,000 in revenue in fiscal year 2007, an increase of 5 percent over fiscal year 2006. (3) Amtrak operates 15 long-distance trains over 18,500 route miles that serve 39 States and the District of Columbia. These trains provide the only rail passenger service to 23 States. (4) Amtrak's long-distance trains provide an essential transportation service for many communities and to a significant percentage of the general public. (5) Many long-distance trains serve small communities with limited or no significant air or bus service, especially in remote or isolated areas in the United States. (6) As a result of airline deregulation and decisions by national bus carriers to leave many communities, rail transportation may provide the only feasible common carrier transportation option for a growing number of areas. (7) If long-distance trains were eliminated, 23 States and 243 communities would be left with no intercity passenger rail service and 16 other States would lose some rail service. These trains provide a strong economic benefit for the States and communities that they serve. (8) Long-distance trains also provide transportation during periods of severe weather or emergencies that stall other modes of transportation. (9) Amtrak provided the only reliable long-distance transportation following the September 11, 2001 terrorist attacks that grounded air travel. (10) The majority of passengers on long-distance trains do not travel between the endpoints, but rather between any combination of cities along the route. (11) Passenger trains provide transportation options, mobility for underserved populations, congestion mitigation, and jobs in the areas they serve. (12) Passenger rail has a positive impact on the environment compared to other modes of transportation by conserving energy, reducing greenhouse gas emissions, and cutting down on other airborne particulate and toxic emissions. (13) Amtrak communities that are served use passenger rail and passenger rail stations as a significant source of economic development. (14) This Act makes meaningful and important reforms to increase the efficiency, profitability and on-time performance of Amtrak's long-distance routes. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) long-distance passenger rail is a vital and necessary part of our national transportation system and economy; and (2) Amtrak should maintain a national passenger rail system, including long-distance routes, that connects the continental United States from coast to coast and from border to border. 38. S.AMDT.3489 to S.294 To authorize a passenger rail study. in General.--The National Railroad
Passenger Corporation shall conduct a study to determine the potential
cost and economic impact of passenger rail service between Scranton,
Pennsylvania and Binghamton, New York. 39.
S.AMDT.3490 to
S.294 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. ## All Rights Reserved. © 2007 TheWeekInCongress.com.(TM) No reproduction, language translation or distribution without written permission from TheWeekInCongress.com.(TM)
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