| Home > 104th Congressional Bills > S. 1318 (ris) To reform the statutes relating to Amtrak, to authorize appropriations for Amtrak, and for other purposes. [Referral Instructions Senate] ...
S. 1318 (ris) To reform the statutes relating to Amtrak, to authorize appropriations for Amtrak, and for other purposes. [Referral Instructions Senate] ...
Calendar No. 206 104th CONGRESS 1st Session S. 1318 [Report No. 104-157] _______________________________________________________________________ A BILL To reform the statutes relating to Amtrak, to authorize appropriations for Amtrak, and for other purposes. _______________________________________________________________________ October 12 (legislative day, October 10), 1995 Read twice and placed on the calendar Calendar No. 206 104th CONGRESS 1st Session S. 1318 [Report No. 104-157] To reform the statutes relating to Amtrak, to authorize appropriations for Amtrak, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 12 (legislative day, October 10), 1995 Mr. Pressler, from the Committee on Commerce, Science, and Transportation, reported the following original bill; which was read twice and placed on the calendar _______________________________________________________________________ A BILL To reform the statutes relating to Amtrak, to authorize appropriations for Amtrak, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Amtrak and Local Rail Revitalization Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) intercity rail passenger service is an essential component of a national intermodal passenger transportation system, and the National Railroad Passenger Corporation (Amtrak) must provide a quality transportation product in the form of clean, comfortable, and on-time service to achieve its full potential; (2) Amtrak has been forced to significantly cut back its basic system due to cash shortages, and further cutback may be required unless Amtrak is able to reduce its costs and increase its revenues; (3) to ensure Amtrak's long-term viability as a provider of intercity rail passenger service, all of Amtrak's stakeholders must participate in efforts to reduce Amtrak's costs and increase its revenues; (4) additional management flexibility is needed to allow Amtrak to operate in a businesslike manner in order to adjust quickly to meet demand and changing customer needs; (5) Amtrak's management and employees are dedicated to providing the high-quality service that Amtrak's customers deserve but additional capital investment is needed to acquire the modern equipment and efficient facilities that are essential to satisfy the demand for superior intercity rail passenger service; (6) adequate levels of capital investment from the Federal Government and State governments and innovative partnerships with the private sector will enable Amtrak to provide the world class service American rail passengers deserve and will help reduce operating costs in the long term; (7) Amtrak's management should be held accountable to ensure that all capital investment by the Federal Government and State governments is used effectively to improve the quality of service and the long-term financial health of Amtrak; (8) Amtrak's employees should share equitably in the burden of restoring Amtrak to financial health; (9) States, local governments, and private parties can and should play an increasingly significant role in supporting cost-efficient intercity rail passenger transportation and in addressing local transportation needs and air quality control; (10) mandatory payments reflecting funds paid into the railroad retirement and railroad unemployment systems on Amtrak's behalf in excess of the funds needed to pay retirement and unemployment benefits for Amtrak's employees and their beneficiaries should not be considered a Federal operating subsidy of Amtrak; (11) Federal financial assistance to cover operating losses incurred by Amtrak should be eliminated by the year 2001; (12) Amtrak and its employees should proceed quickly with proposals to modify collective bargaining agreements to make more efficient use of manpower and to realize cost savings which are necessary to eliminate Federal financial assistance to cover its operating losses by the fiscal year following the fifth anniversary of the date of enactment of this Act; and (13) Amtrak should ensure that new management flexibility produces cost savings without compromising safety. TITLE I--PROCUREMENT REFORMS SEC. 101. CONTRACTING OUT. (a) Contracting Out Reform.--Effective 180 days after the date of enactment of this Act, section 24312 of title 49, United States Code, is amended-- (1) by striking the paragraph designation for paragraph (1) of subsection (a); (2) by striking ``(2)'' in subsection (a)(2) and inserting ``(b)''; and (3) by striking subsection (b). The amendment made by paragraph (3) is without prejudice to the power of Amtrak to contract out the provision of food and beverage services on board Amtrak trains or to contract out work not resulting in the layoff of Amtrak employees. (b) Negotiation of Contracting Out Rules.-- (1) In general.--Within 5 days after the date of enactment of this Act, Amtrak and its labor organizations shall meet to resolve the issue of under what conditions, if any, Amtrak may contract out work normally performed by an employee in a bargaining unit covered by a contract between Amtrak and its labor organizations when the contracting out results in the layoff of employees in the bargaining unit. The issue for negotiation under this paragraph does not include the contracting out of work involving food and beverage services provided on Amtrak trains or the contracting out of work not resulting in the layoff of Amtrak employees. (2) Assisted negotiations if issue unresolved within 90 days.--If the parties negotiating under paragraph (1) are unable to resolve the issue within 90 days after such date of enactment, they shall each select a neutral person from the list of National Mediation Board arbitrators. The persons selected shall meet and select an arbitrator who will assist the parties in their discussions and arbitrate the dispute if the parties fail to negotiate a resolution of the issue. If the National Mediation Board is not informed of the selection of the arbitrator within 120 days after such date of enactment, the National Mediation Board will immediately select the arbitrator for the issue in dispute. One half of the expenses of the neutral persons and the arbitrator selected under this paragraph will be borne by Amtrak, and the other half by the labor organizations jointly. (3) Hearing scheduled.--If the issue remains unresolved 120 days after such date of enactment, the arbitrator selected under paragraph (2) shall schedule a hearing to be held 150 days after such date of enactment and shall meet with the parties to mediate the issue before the hearing. (4) Last best offers.--If the issue has not been resolved before the date of the hearing scheduled under paragraph (3), each party involved in the negotiation shall submit its last best offer to the arbitrator at the time of the hearing. (5) Hearing procedure.--At the hearing, the arbitrator shall receive the arguments and supporting evidence for the positions of the parties, as well as any clarifications of last best offers submitted by the parties. All materials to be reviewed by the arbitrator shall be presented at the hearing. (6) Award.-- (A) In general.--Within 170 days after such date of enactment, the arbitrator will select either of the last best offers and render an award resolving the issue. The authority of the arbitrator is limited to resolving the issue presented by the hearing. The award will take effect on the 180th day after such date of enactment, and, except as provided in subparagraph (B) shall be final and binding on all parties. (B) Contest of award.--The United States District Court for the District of Columbia has exclusive jurisdiction to hear an action contesting an award under subparagraph (A). The court may not set aside or modify such an award except on-- (i) the grounds that the proceeding or the award plainly does not conform to the substantive requirements of this section; or (ii) grounds set forth in section 9 Third (c) of the Railway Labor Act (45 U.S.C. 159 Third (c)). Except as otherwise provided in this section, the provisions of section 9 of such Act (45 U.S.C. 159) govern any contest of an award under subparagraph (A) of this paragraph. (C) Award supersedes existing collective bargaining arrangements.--An award under subparagraph (A) supersedes any collective bargaining agreement entered into before the award is made, and any practice in effect before the award is made, to the extent that such agreement or practice is inconsistent with the award or limits the right to engage in subcontracting under the award. (7) Amendment of award.--The award remains in effect until amended by mutual agreement of the parties. Notices under section 6 of the Railway Labor Act to amend the award may not be served until 30 days before the end of the third year after the effective date of the award. (b) No Precedent for Freight.--Nothing in this section shall be a precedent for the resolution of any dispute between a freight railroad and any labor organization representing that railroad's employees. SEC. 102. CONTRACTING PRACTICES. (a) Below-cost Competition.--Section 24305(b) of title 49, United States Code, is amended to read as follows: ``(b) Below-cost Competition.--Amtrak shall not submit any bid for the performance of services under a contract for an amount less than the cost to Amtrak of performing such services, with respect to any activity other than the provision of intercity rail passenger transportation, or mail or express transportation. For purposes of this subsection, the cost to Amtrak of performing services shall be determined using generally accepted accounting principles for contracting. This subsection shall not apply for any fiscal year for which Amtrak receives no Federal subsidy.''. (b) Through Service in Conjunction With Intercity Bus Operations.-- Section 24305(a) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(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 10922(d)(1)(F)(i) of this title, other than a recipient of funds under section 18 of the Federal Transit Act; ``(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.''. (2) Section 24305(d) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(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.''. SEC. 103. RAIL AND MOTOR CARRIER PASSENGER SERVICE. (a) In General.--Notwithstanding any other provision of law (other than section 24305(a) of title 49, United States Code), Amtrak and motor carriers of passengers are authorized-- (1) to combine or package their respective services and facilities to the public as a means of increasing revenues; and (2) to coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation. (b) Review.--The authority granted by subsection (a) is subject to the review of the Interstate Commerce Commission and such authority may be modified or revoked by the Interstate Commerce Commission if in the public interest. SEC. 104. WORLD CLASS SERVICE. Section 24101(c) of title 49, United States Code, is amended by redesignating paragraphs (10) and (11) as (12) and (13), respectively, and by inserting after paragraph (9) the following: ``(10) manage capital investment in such a way as to provide customers with world class service; ``(11) treat all passengers with respect, courtesy, and dignity;''. SEC. 105. PASSENGER CHOICE. Federal employees shall be permitted to choose travel on Amtrak for official business where total travel cost from office to office is competitive on a total trip or time basis. SEC. 106. FREEDOM OF INFORMATION ACT. Section 24301(e) of title 49, United States Code, is amended by adding at the end thereof the following: ``Section 552 of title 5, United States Code, shall apply to Amtrak in any fiscal year for which Amtrak receives a Federal operating subsidy.''. TITLE II--OPERATIONAL REFORMS SEC. 201. BASIC SYSTEM.
Other Popular 104th Congressional Bills Documents:
|GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.|
Supreme Court Decisions
104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents
1994 Presidential Documents