Posts Tagged ‘FY2019 federal budget’

Amtrak Wants Right to Sue Host Railroads Over on-Time Performance

March 13, 2018

Tucked away in Amtrak’s budget request for fiscal year 2019 is a plea to Congress to give the passenger carrier the legal right to sue its host railroads for delaying its trains.

Amtrak wants to be able to seek legal remedies to protect its statutory right of preference by bringing “an action for equitable or other relief in the U.S. District Court for the District of Columbia, or in any jurisdiction where Amtrak resides or is found, to enforce preference rights granted under this subsection.”

The request follows setbacks in the courts stemming from lawsuits challenging certain provisions of the Passenger Rail Investment and Improvement Act of 2008.

The Association of American Railroads challenged the process whereby on-time metrics were to be developed by the Federal Railroad Administration.

Specifically the AAR objected to allowing Amtrak to play a role in establishing the standards.

AAR won that battle when the courts ruled that the law had unlawfully granted Amtrak regulatory power over the industry in which it participates.

When Amtrak brought three cases against its host railroads using a Surface Transportation Board metric of 80 percent on-time performance in deciding pending cases, an appeals court ruled that the 80 percent standard had been tainted by the previous rulings.

Testifying before the Senate Commerce Committee recently, Amtrak CEO Richard Anderson said, “We’ve never been able to get the preference right that Amtrak has, enforced . . . and we’d like a private right of action.”

Amtrak also is seeking legislative action to overturn a law that prohibits it from hiring lobbyists. It noted that its host railroads and labor unions are able to hire lobbyists.

The passenger carrier also wants changes to streamline its compliance with at-odds reporting requirements from multiple federal agencies, an exemption from Freedom of Information Act requests, and a law that will make it a federal crime to assault an Amtrak crew member.

Trump Wants to Cut Amtrak Funding in Half

February 14, 2018

Here we go again. The proposed fiscal year 2019 federal budget released this week by the Trump administration proposes cutting in half the federal funding for Amtrak.

As the administration did a year ago, it is taking aim at long-distance trains, calling for funding of those to be slashed and for states served by the trains to pick up that funding.

But even the Northeast Corridor would face federal funding cuts, seeing its funding reduced from $328 million to $200 million.

Total Amtrak funding would be $538 million. Congress appropriated $1.2 million for Amtrak in the current fiscal year, which runs through Sept. 30.

The Trump administration proposed a similar budget cut for Amtrak last year, but Congress ignored it.

Amtrak issued a statement saying the proposed cuts would negatively affect the more than 31 million people who ride Amtrak.

“As the budget process progresses, we look forward to working with the administration, Congress, state partners and other stakeholders to consider these proposals and the impacts they could have on this important part of the nation’s transportation system,” the passenger carrier said.

Amtrak said it remains focused on running efficiently, saying that it covered 94.7 percent of its total network operating costs through ticket sales and other revenues in fiscal year 2017, but it must rely on some level of federal funding.

In a 160-page budget narrative submitted to Congress, the White House Office of Management & Budget said that having states share the burden of funding Amtrak would make “states more equal partners with the federal government, and would strengthen the responsiveness of Amtrak to the communities they serve.”

The narrative contends that along with cuts to Amtrak funding the administration “proposes reforms to Amtrak to improve efficiencies and effectiveness of long-distance routes.”

“State contributions to long distance routes is only one tool in the menu of options,” the administration said it will be exploring.