HR 2095 is expected to be signed into law by President Bush in the not too distant future- that alone is pure irony: The man who proposed zero dollars for Amtrak funding is about to sign a bill that will practically double last year's amount for the next five years. That sounds great to the Amtrak fans out there but there are a few hidden twists in this bill. Here's some of the ones that raised my eyebrows, the italics are mine.
Page 202-205 of the bill reads:
"SEC. 214. ALTERNATE PASSENGER RAIL SERVICE PILOT PROGRAM.
19 (a) IN GENERAL.—Chapter 247, as amended by section 210, is amended by adding at the end thereof the following:
22 ‘‘§ 24711. Alternate passenger rail service pilot program"(a) IN GENERAL.—Within 1 year after the date of
enactment of the Passenger Rail Investment and Improvement Act of 2008, the Federal Railroad Administration
shall complete a rulemaking proceeding to develop a pilot3 program that— ‘‘(1) permits a rail carrier or rail carriers that
own infrastructure over which Amtrak operates a passenger rail service route described in subparagraph (B), ©, or (D) of section 24102(5) or in section 24702 to petition the Administration to be considered as a passenger rail service provider over that route in lieu of Amtrak for a period not to exceed
5 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008;
‘‘(2) requires the 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;
‘‘(3) requires that each bid describe how the bidder would operate the route, what Amtrak passenger equipment would be needed, if any, what
sources of non-Federal funding the bidder would use, including any State subsidy, among other things; (4) requires the Administration to select winning bidders by evaluating the bids against the financial and performance metrics developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008 and to give preference in awarding contracts to bidders seeking to operate routes that have been identified as one of the five worst performing Amtrak routes under section
9 24710;[/i]
10 ‘‘(5) requires the Administration to execute a contract within a specified, limited time after the deadline established under paragraph (2) and award to the winning bidder—
‘‘(A) the right and obligation to provide passenger rail service over that route subject to such performance standards as the Administration may require, consistent with the standards developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008; and ‘‘(B) an operating subsidy— ‘‘(i) for the first year at a level not in
excess of the level in effect during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation;‘‘(ii) for any subsequent years at such
level, adjusted for inflation; and ‘‘(6) 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 such staffing plan be made
available by the winning bidder to the public after the bid award."
In short this one not only allows private companies to bid on Amtrak's worst performing routes it allows them to use Amtrak equipment, facilities and funding to do so.
Here's another interesting one:
Page 176-177
SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING DECISIONS.
10 (a) METHODOLOGY DEVELOPMENT.—Within 180 days after the date of enactment of this Act, the Federal Railroad Administration shall obtain the services of a
qualified independent entity to develop and recommend objective methodologies for Amtrak to use in determining what intercity passenger routes and services it will
provide, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes. In developing such methodologies, the entity shall consider— (1) the current or expected performance and service quality of intercity passenger train operations, including cost recovery, on-time performance and minutes of delay, ridership, on-board services, stations, facilities, equipment, and other services; (2) connectivity of a route with other routes;
(3) the transportation needs of communities and populations that are not well served by intercity passenger rail service or by other forms of intercity
transportation; Amtrak’s and other major intercity passenger rail service providers in other countries’ methodologies for determining intercity passenger
rail routes and services; and (5) the views of the States and other interested parties.
Independent entity to recommend what will stay and what will be cut?
The Amtrak part of this bill is about 175 pages and most of it appears to be good but there are a few sticking points that make me wonder if this is the start of the end for Amtrak.
A few years back Amtrak's former board president, David Laney used language that was very similarly to some of the wording in this bill.
One more for thought on page 180:
24710. Long-distance routes
‘‘(a) ANNUAL EVALUATION.—Using the financial and performance metrics developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008,
Amtrak shall— ‘‘(1) evaluate annually the financial and operating performance of each long-distance passenger rail route operated by Amtrak; and ‘‘(2) rank the overall performance of such routes for 2008 and identify each long-distance passenger rail route operated by Amtrak in 2008 according to its overall performance as belonging to
the best performing third of such routes, the second best performing third of such routes, or the worst performing third of such routes.
This appears to be the basis for how they will decide what routes will be contracted out.
Page 202-205 of the bill reads:
"SEC. 214. ALTERNATE PASSENGER RAIL SERVICE PILOT PROGRAM.
19 (a) IN GENERAL.—Chapter 247, as amended by section 210, is amended by adding at the end thereof the following:
22 ‘‘§ 24711. Alternate passenger rail service pilot program"(a) IN GENERAL.—Within 1 year after the date of
enactment of the Passenger Rail Investment and Improvement Act of 2008, the Federal Railroad Administration
shall complete a rulemaking proceeding to develop a pilot3 program that— ‘‘(1) permits a rail carrier or rail carriers that
own infrastructure over which Amtrak operates a passenger rail service route described in subparagraph (B), ©, or (D) of section 24102(5) or in section 24702 to petition the Administration to be considered as a passenger rail service provider over that route in lieu of Amtrak for a period not to exceed
5 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008;
‘‘(2) requires the 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;
‘‘(3) requires that each bid describe how the bidder would operate the route, what Amtrak passenger equipment would be needed, if any, what
sources of non-Federal funding the bidder would use, including any State subsidy, among other things; (4) requires the Administration to select winning bidders by evaluating the bids against the financial and performance metrics developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008 and to give preference in awarding contracts to bidders seeking to operate routes that have been identified as one of the five worst performing Amtrak routes under section
9 24710;[/i]
10 ‘‘(5) requires the Administration to execute a contract within a specified, limited time after the deadline established under paragraph (2) and award to the winning bidder—
‘‘(A) the right and obligation to provide passenger rail service over that route subject to such performance standards as the Administration may require, consistent with the standards developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008; and ‘‘(B) an operating subsidy— ‘‘(i) for the first year at a level not in
excess of the level in effect during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation;‘‘(ii) for any subsequent years at such
level, adjusted for inflation; and ‘‘(6) 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 such staffing plan be made
available by the winning bidder to the public after the bid award."
In short this one not only allows private companies to bid on Amtrak's worst performing routes it allows them to use Amtrak equipment, facilities and funding to do so.
Here's another interesting one:
Page 176-177
SEC. 208. METHODOLOGIES FOR AMTRAK ROUTE AND SERVICE PLANNING DECISIONS.
10 (a) METHODOLOGY DEVELOPMENT.—Within 180 days after the date of enactment of this Act, the Federal Railroad Administration shall obtain the services of a
qualified independent entity to develop and recommend objective methodologies for Amtrak to use in determining what intercity passenger routes and services it will
provide, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes. In developing such methodologies, the entity shall consider— (1) the current or expected performance and service quality of intercity passenger train operations, including cost recovery, on-time performance and minutes of delay, ridership, on-board services, stations, facilities, equipment, and other services; (2) connectivity of a route with other routes;
(3) the transportation needs of communities and populations that are not well served by intercity passenger rail service or by other forms of intercity
transportation; Amtrak’s and other major intercity passenger rail service providers in other countries’ methodologies for determining intercity passenger
rail routes and services; and (5) the views of the States and other interested parties.
Independent entity to recommend what will stay and what will be cut?
The Amtrak part of this bill is about 175 pages and most of it appears to be good but there are a few sticking points that make me wonder if this is the start of the end for Amtrak.
A few years back Amtrak's former board president, David Laney used language that was very similarly to some of the wording in this bill.
One more for thought on page 180:
24710. Long-distance routes
‘‘(a) ANNUAL EVALUATION.—Using the financial and performance metrics developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008,
Amtrak shall— ‘‘(1) evaluate annually the financial and operating performance of each long-distance passenger rail route operated by Amtrak; and ‘‘(2) rank the overall performance of such routes for 2008 and identify each long-distance passenger rail route operated by Amtrak in 2008 according to its overall performance as belonging to
the best performing third of such routes, the second best performing third of such routes, or the worst performing third of such routes.
This appears to be the basis for how they will decide what routes will be contracted out.
