[House Report 109-280]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-280
======================================================================
AMTRAK REAUTHORIZATION ACT OF 2005
_______
November 8, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 1630]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1630) to authorize appropriations
for the benefit of Amtrak for fiscal years 2006 through 2008,
and for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Purpose of the Legislation
The bill would authorize $2 billion per year for each of
the fiscal years 2006 through 2008 to the Secretary of
Transportation for the benefit of Amtrak capital and operating
expenses, and Amtrak excess railroad retirement expense.
Background and Need for the Legislation
H.R. 1630 was introduced by Mr. Young, Mr. Oberstar, Mr.
LaTourette, and Ms. Brown on April 14, 2005.
The Secretary of Transportation and the Amtrak Board of
Directors must ensure that sufficient funds are reserved to
satisfy Amtrak's contractual obligations for commuter rail and
state-supported passenger rail services. Amtrak would be
required to submit to the Secretary comprehensive business
plans and follow-up reports with separate accounting for its
various lines of business, and reports related to capital
projects expenditures.
According to Amtrak, this level of funding would be
sufficient to complete the first three years of Amtrak's five
year capital plan, which is geared towards restoring the Amtrak
System, including the Northeast Corridor, to a good state of
repair.
H.R. 1630 would permit Amtrak to continue operating its
present system. The legislation would also permit Amtrak to
make capital investments to address deferred maintenance items
on the Northeast Corridor.
Summary of the Legislation
Section 1. Short title
Section 1 names the bill the Amtrak Reauthorization Act of
2005.
Section 2. Authorization of appropriations
Section 24104 of Title 49 is modified as follows:
(a) In General. The legislation authorizes the Secretary of
Transportation to expend $2,000,000,000 per year for fiscal
years 2006 through 2008 for Amtrak's capital and operating
expenses.
(b) Mandatory Payments.
(1) In General. The amounts authorized to be
appropriated include funds to cover Amtrak payments
under the Railroad Retirement Act, Railroad
Unemployment Insurance Act, and associated payroll tax
laws for railroad retirement and unemployment
obligations in excess of those attributable to Amtrak's
own employees and retirees.
(2) Request for Transfer of Funds. The Secretary may
make payments only upon receipt of a request from
Amtrak accompanied by the appropriate supporting
materials.
(c) The Secretary and the Amtrak board are obliged to
ensure that sufficient funds are reserved to sustain Amtrak's
contractual obligations to operate commuter rail and state
supported train services.
(d) Not later than September 15 of each fiscal year, Amtrak
is required to submit to the Secretary and Congress a
comprehensive business plan for each of its lines of business
for the subsequent fiscal year. In addition, beginning October
1, 2005, Amtrak is required to submit a bi-monthly report
detailing work completed under said business plan and any
reasons for change therein.
(e) Availability of Amounts.
(1) Amounts appropriated 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 may not be
used to cross-subsidize commuter rail or freight operations.
Legislative History and Committee Consideration
No hearings were held by the Committee on H.R. 1630.
However, hearings were held by the Subcommittee on Railroads on
issues affecting Amtrak.
On April 27, 2005, the Full Committee met in open session
and ordered H.R. 1630 favorably reported by voice vote.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall 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. There
were no rollcall votes.
Committee Oversight Findings
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.
Cost of Legislation
Clause 3(d)(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.
Compliance with House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. 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 provide
for greater funding accountability for Amtrak and procedures to
achieve that goal, consistent with the procedures in place
under the Fiscal Year 2003 Department of Transportation
appropriations law.
3. 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 following cost estimate for H.R.
1630 from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 9, 2005.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1630, the Amtrak
Reauthorization Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne
Mehlman (for federal costs) and Jean Talarico (for the private-
sector impact).
Sincerely,
Elizabeth M. Robinson,
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 1630--Amtrak Reauthorization Act of 2005
Summary: H.R. 1630 would authorize the appropriation of $6
billion over the next three years for Amtrak's capital
expenses, operating costs, and certain employee benefits.
Assuming appropriation of the authorized amounts, CBO estimates
that implementing H.R. 1630 would cost $6 billion over the
2006-2008 period. Enacting H.R. 1630 would not affect direct
spending or revenues.
The bill contains no intergovernmental mandates as defined
by the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
H.R. 1630 would impose a private-sector mandate, as defined
in UMRA, on Amtrak. Based on information from Amtrak, CBO
estimates that the direct costs of the mandate would fall well
below the annual threshold established in UMRA ($123 million in
2005, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1630 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2005 2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Federal Spending for Amtrak Under Current Law:
Budget Authority \1\.................................. 1,207 0 0 0 0 0
Estimated Outlays..................................... 1,207 0 0 0 0 0
Proposed Changes:
Authorization Level................................... 0 2,000 2,000 2,000 0 0
Estimated Outlays..................................... 0 2,000 2,000 2,000 0 0
Federal Spending for Amtrak Under H.R. 1630:
Authorization Level \1\............................... 1,207 2,000 2,000 2,000 0 0
Estimated Outlays..................................... 1,207 2,000 2,000 2,000 0 0
----------------------------------------------------------------------------------------------------------------
\1\ The 2005 level is the amount appropriated for that year for Amtrak.
Basis of estimate: For this estimate, CBO assumes that the
authorized amounts will be appropriated near the beginning of
each fiscal year and that outlays will follow historical trends
for prior Amtrak funding. CBO expects that Amtrak spending
under this bill primarily would be for short-term capital
projects and operating expenses. Currently, the Secretary of
Transportation makes appropriated funds immediately available
to Amtrak for such expenses.
Estimated impact on State, local, and tribal governments:
H.R. 1630 contains no intergovernmental mandates as defined by
UMRA and would impose no costs on state, local, or tribal
governments.
Estimated impact on the private sector: H.R. 1630 would
impose a private-sector mandate as defined in UMRA on Amtrak.
The bill would require Amtrak to submit an annual comprehensive
business plan and a bimonthly supplemental report for the
fiscal years 2006 through 2008 to the Secretary of
Transportation and the Congress. The bimonthly supplemental
report must describe the work completed to date, any changes in
the business plan, and the reasons for such changes. Amtrak has
released a comprehensive business plan for fiscal years 2006-
2010. Further, Amtrak submits a monthly report regarding
changes in its business plan to the Congress, as required in
the Consolidated Appropriations Act, 2005. Based on information
from Amtrak, CBO estimates that the incremental costs of the
requirements in H.R. 1630 would be negligible.
Estimate prepared by: Federal Costs: Susanne Mehlman.
Impact on State, Local, and Tribal Governments: Sarah Puro.
Impact on the Private Sector: Jean Talarico.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
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 1994
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 states that H.R. 1630 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 the 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).
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):
SECTION 24104 OF TITLE 49, UNITED STATES CODE
[Sec. 24104. Authorization of appropriations
[(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, 247, and 249 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 by 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. 24104. Authorization of appropriations
(a) In General.--There are authorized to be appropriated to
the Secretary of Transportation $2,000,000,000 for each of the
fiscal years 2006 through 2008, for the benefit of Amtrak for
capital expenditures under chapters 243, 247, and 249 of this
title, operating expenses, and payments described in subsection
(b).
(b) Mandatory Payments.--
(1) In general.--Funds authorized under subsection
(a) shall include--
(A) an amount equal to the amount Amtrak is
required to pay under section 3221 of the
Internal Revenue Code of 1986 (26 U.S.C. 3221)
that is more than the amount needed for
anticipated benefits for individuals who retire
from Amtrak and for their beneficiaries; and
(B) amounts necessary to pay--
(i) 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
(ii) obligations of Amtrak due under
section 3321 of the Internal Revenue
Code of 1986 (26 U.S.C. 3321).
(2) Request for transfer of funds.--The Secretary
shall make payments to the Treasury of amounts
authorized under paragraph (1) only after the Secretary
has received from Amtrak a request for the transfer of
such funds, which shall include materials supporting,
to the satisfaction of the Secretary, the amount of the
request.
(c) Contractual Obligations.--From amounts appropriated
pursuant to this section, the Secretary and the Amtrak Board of
Directors shall ensure that sufficient funds are reserved to
satisfy Amtrak's contractual obligations for commuter and
State-supported passenger rail service.
(d) Annual Business Plan and Supplemental Reports.--
(1) Business plan.--Not later than September 15 of
each of 2005, 2006, and 2007, Amtrak shall transmit to
the Secretary and the Congress a comprehensive business
plan for the subsequent fiscal year, including, as
applicable, targets for ridership, revenues, and
capital and operating expenses. The plan shall include
the following:
(A) A separate accounting of such targets for
each of the following:
(i) Northeast Corridor.
(ii) Commuter service.
(iii) Long-distance Amtrak service.
(iv) State-supported service.
(v) Commercial activities (including
contract operations and mail and
express).
The plan shall also include targets for each
intercity train route, including Autotrain.
(B) With respect to capital projects, a
description of the work to be funded, a work
timetable, cost estimates, and a list of other
funding sources if the project is not entirely
funded by the Federal Government.
(2) Supplemental reports.--Not later than October 1,
2005, and once each alternate month thereafter, Amtrak
shall transmit to the Secretary and the Congress a
supplemental report regarding the business plan
transmitted under paragraph (1), which shall describe
the work completed to date, any changes to the business
plan, and the reasons for such changes.
(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.