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Code · BILL · 113th Congress · H.R. 5449 (Introduced in House) — To reauthorize Federal support for passenger rail programs, and for other purposes. · Sec. 205

Sec. 205. Competition

1,062 words·~5 min read·/bill/113/hr/5449/ih/section-205·

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Section 24711 of title 49, United States Code, is amended to read as follows: Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2014 , the Federal Railroad Administration shall complete a rulemaking proceeding to develop a pilot program that— permits a rail carrier or rail carriers that own infrastructure over which Amtrak operates a passenger rail service route described in subparagraph (B), (C), or
(D)of section 24102(5) or in section 24702(a) to petition the Federal Railroad Administration to be considered as a passenger rail service provider over that route in lieu of Amtrak for an operations period of 5 years; requires the Federal Railroad Administration to notify Amtrak within 30 days after receiving a petition under paragraph
(1)and establish a deadline by which both the petitioner and Amtrak would be required to submit a bid to provide passenger rail service over the route to which the petition relates; requires that each bid describe how the bidder would operate the route, what Amtrak passenger equipment would be needed, if any, and what sources of non-Federal funding the bidder would use, including any State subsidy, among other things; requires the Federal Railroad Administration to execute a contract within a specified, limited time after the deadline established under paragraph
(2)and award to the winning bidder— the right and obligation to provide passenger rail service over that route subject to such performance standards as the Federal Railroad Administration may require; and an operating subsidy— for the first year at a level not in excess of 90 percent of the level in effect for that specific route during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation; and for any subsequent years at the level calculated under clause (i), adjusted for inflation; and requires that each bid contain a staffing plan describing the number of employees needed to operate the service, the job assignments and requirements, and the terms of work for prospective and current employees of the bidder for the service outlined in the bid, and that such staffing plan be made available by the winning bidder to the public after the bid award. The Federal Railroad Administration may not make the program available with respect to more than 2 Amtrak intercity passenger rail routes. If the Federal Railroad Administration awards the right and obligation to provide passenger rail service over a route under this section to a rail carrier or rail carriers— it shall execute a contract with the rail carrier or rail carriers for rail passenger operations on that route that conditions the operating and subsidy rights on— the service provider continuing to provide passenger rail service on the route that is no less frequent, nor over a shorter distance, than Amtrak provided on that route before the award; and the service provider’s compliance with the standards established under subsection (a)(4)(A), and such additional performance standards as the Administration may establish; it shall, if the award is made to a rail carrier other than Amtrak, require Amtrak to provide access to its reservation system, stations, and facilities directly related to operations to any rail carrier or rail carriers awarded a contract under this section, in accordance with subsection (d), necessary to carry out the purposes of this section; an employee of any person used by such rail carrier or rail carriers in the operation of a route under this section shall be considered an employee of that carrier or carriers and subject to the applicable Federal laws and regulations governing similar crafts or classes of employees of Amtrak, including provisions under section 121 of the Amtrak Reform and Accountability Act of 1997 ( 49 U.S.C. 4312 note) relating to employees that provide food and beverage service; and the winning bidder shall provide hiring preference to qualified Amtrak employees displaced by the award of the bid, consistent with the staffing plan submitted by the bidder, and shall be subject to the grant conditions under section 24405 of this title. If Amtrak and the rail carrier or rail carriers awarded a route under this section cannot agree upon terms to carry out subsection (c)(2), and the Surface Transportation Board finds that access to Amtrak’s facilities or equipment, or the provision of services by Amtrak, is necessary to carry out subsection (c)(2) and that the operation of Amtrak’s other services will not be impaired thereby, the Surface Transportation Board shall, within 120 days after submission of the dispute, issue an order that the facilities and equipment be made available, and that services be provided, by Amtrak, and shall determine reasonable compensation, liability, and other terms for use of the facilities and equipment and provision of the services. If a rail carrier or rail carriers awarded a route under this section cease to operate the service or fail to fulfill their obligations under the contract required under subsection (c), the Federal Railroad Administration, in collaboration with the Surface Transportation Board, shall take any necessary action consistent with this title to enforce the contract and ensure the continued provision of service, including the installment of an interim service provider and rebidding the contract to operate the service. The entity providing service shall either be Amtrak or a rail carrier defined in subsection (a)(1). Before taking any action allowed under this section, the Secretary shall certify that the Federal Railroad Administration has sufficient resources appropriated under section 101(b) of Passenger Rail Reform and Investment Act of 2014 , or any subsequent appropriation, for that purpose that are adequate to undertake the program established under this section. The Secretary of Transportation may provide to a winning bidder selected under this section appropriations authorized under sections 101(b) of the Passenger Rail Reform and Investment Act of 2014 , or any subsequent appropriation for the same purposes, necessary to cover the operating subsidy described in subsection (a)(4)(B). . Not later than 1 year after the conclusion of the pilot program established under the amendment made by subsection (a), the Federal Railroad Administration shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results on the pilot program established under section 24711 of title 49 United States Code, and any recommendations for further action.
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  • 49 USC 4312
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Sec. 205
Competition
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